DTA+Contract

=NOTE: 2006-2007= This web version of the contract is not to be considered the official contract. This is the old contract. Contact your building rep. for the latest version.

[|Here] is a version that may suit you better.

=AGREEMENT BY AND BETWEEN THE DINUBA TEACHERS ASSOCIATION / CTA / NEA AND= = = =THE DINUBA UNIFIED SCHOOL DISTRICT= = = = =

__**TABLE OF CONTENTS**__

ARTICLE 1: AGREEMENT 1

ARTICLE 2: RECOGNITION AND SCOPE OF BARGAINING UNIT 2

ARTICLE 3: TERM OF AGREEMENT 3

ARTICLE 4: DISTRICT RIGHTS 4

ARTICLE 5: GRIEVANCE PROCEDURE

ARTICLE 6: ASSOCIATION RIGHTS

ARTICLE 7: CERTIFICATED EMPLOYEE EVALUATIONS

ARTICLE 8: TEACHING HOURS

ARTICLE 9: CLASS SIZE

ARTICLE 10: SAFETY

ARTICLE 11: PROFESSIONAL DUES AND PAYROLL DEDUCTIONS

ARTICLE 12: LEAVES

ARTICLE 13: TRANSFERS

ARTICLE 14: EMPLOYEE BENEFITS

ARTICLE 15: SALARIES

ARTICLE 16: PAYMENT FOR EXTRA-CURRICULAR ACTIVITIES

ARTICLE 17: NEGOTIATIONS PROCEDURE.

ARTICLE 18: PEER ASSISTANCE AND REVIEW

ARTICLE 19: JOB SHARE

ARTICLE 20: COMMITTEES FOR PROBLEM RESOLUTION

=__**ARTICLE 1: AGREEMENT**__=

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

1.2 The terms "District," "Management," and "District Management," as utilized in this Agreement shall be deemed to be synonymous, and shall, as appropriate, by law, include the District as an entity, the Board of Trustees, the Superintendent, and all other members of District Management.

1.3 This Agreement is entered into pursuant to Chapter 10.7, Section 3540-3549 of the Government Code ("Act").

=__ARTICLE 2: RECOGNITION AND SCOPE OF BARGAINING UNIT__=

2.1 The District Board recognizes the Association as the certified exclusive representative of the certificated employee unit for the purpose of meeting and negotiating and for the purpose of representation of employees in the unit on the matters set forth in this Agreement.

2.2 The Dinuba Teachers Association/CTA/NEA and Dinuba Unified School District do hereby agree that the certificated bargaining unit for the Dinuba Unified School District shall be comprised of all the certificated employees of the District, excluding positions requiring Administrative, Supervision, Pupil Personnel and Psychologist credentials, and substitutes, hourly employees, and retirees of the school district.

=__**ARTICLE 3: TERM OF AGREEMENT**__=

3.1 The term of this Agreement shall commence on October 1, 2006, through September 30, 2007, or until such time as a Successor Agreement is reached.

3.2 It is the intention of the parties that this Agreement set forth the full and entire understanding of the parties regarding all matters set forth herein. Both parties agree to live within the terms and conditions of the contract and agree not to meet and negotiate on any of the matters contained herein, and any prior or existing understanding or agreements by or between the parties, whether formal or informal, regarding any such matters are hereby superseded and terminated in their entirety.

3.3 The parties agree that it is to their mutual benefit to encourage the resolution of differences through the processes provided by this Agreement. Therefore, it is agreed that the Association and the District will support this Agreement for its term, and will not seek change in any matter subject to the meet and negotiate process, except by mutual written agreement of the District and the Association.

3.4 The Board shall not reduce or eliminate any benefits as provided by the terms of this agreement so long as this agreement is in effect.

3.5 In the event that any provision of this Agreement shall, at any time, be declared invalid by any administrative agency or court of competent jurisdiction, such decision shall not invalidate any other provisions of this agreement, and all remaining provisions shall remain in full force and effect.

3.6 Should a provision or application be deemed invalid as described in paragraph 3.5 above, the Board shall retain any benefits to the extent allowable under law, but not to exceed any provisions granted by this Agreement.

=__**ARTICLE 4: DISTRICT RIGHTS**__=

4.1 It is agreed the District retains all of its powers and authority to direct, manage and control the educational program to the full extent of the law, except as limited by the terms of this Agreement. Included in, but not limited to, those duties and powers is the right to:


 * 4.1.1 determine its organization;
 * 4.1.2 supervise the work of its employees;
 * 4.1.3 determine the times and hours of operation of the District pursuant to the terms of this Agreement;
 * 4.1.4 determine the kinds and levels of services to be provided and methods of providing them;
 * 4.1.5 establish its educational policies, goals and objectives;
 * 4.1.6 insure the rights and educational opportunities of students;
 * 4.1.7 determine staffing patterns;
 * 4.1.8 determine the number and kinds of personnel required;
 * 4.1.9 maintain the efficiency of District operations;
 * 4.1.10 subject to the right to consultation with the Association: 1) define educational objectives; 2) determine content of courses and curriculum; 3) select textbooks;
 * 4.1.11 build, move or modify facilities;
 * 4.1.12 establish budget procedures and determine budgetary allocation;
 * 4.1.13 determine the methods of raising revenue;
 * 4.1.14 contract out work to be done or services to be rendered, except that work performed by members of the certificated bargaining unit shall not be contracted out during the term of this Agreement.

4.2 All current and future policies, rules and regulations of the District not in conflict with this Agreement shall remain in full force and effect, provided that this reference to such policies, rules, and regulations shall not be deemed to make such matters subject to the Grievance Article of this Agreement.

4.3 The Board has the right to take any action on any matter in the event of an emergency if so declared in public meeting.

=__**ARTICLE 5: GRIEVANCE PROCEDURE**__=

5.1 Grievance is any complaint, misunderstanding or dispute by a teacher, or a group of teachers, as to the interpretation or application of this agreement.

5.2 Days for the purpose of this Article shall be defined as school days, except that during the time that school is in recess for vacation, days shall mean those days that the District office is open for the conduct of normal business.

5.3 __Informal Level__ - Teachers should attempt to resolve any grievance on an oral informal basis prior to the utilization of the grievance procedure.

5.4 __Level 1__ - An aggrieved teacher will present his/her grievance in writing to the teacher's principal (or designated replacement, who shall have the authority to make a determination) within 10 workdays after the teacher can be reasonably assumed to have knowledge of the occurrence giving rise to the grievance (the teacher may have a representative with him/her if so desired). The principal shall reply in writing to a grievance within ten workdays.

5.5 __Level 2__ - If the grievant is not satisfied with the reply in Level 1, within ten (10) workdays thereafter, the teacher shall file a written grievance with the District Superintendent or his/her designee who shall have the authority to make a determination. The Superintendent or his/her designee shall, upon request, meet with the grievant and his/her representative if so desired by the grievant within ten (10) //work//days of the request. Said meeting to take place during regular District office business hours. The Superintendent or his/her designee shall reply in writing to the grievant within ten workdays thereafter.

5.6 __Level 3__ - If the grievant is not satisfied with the decision at Level 2, within ten (10) workdays thereafter, the Association may file a written request that the matter be submitted to Mediation. A mediator from the State Mediation and Conciliation Service will be contacted and a meeting to attempt resolution will be held as soon as practicable. Participants in the Mediation process shall include the Superintendent or his/her designee, the grievant, and representatives of the Association.

5.7 __Level 4__ - If the grievant is not satisfied with the decision at Level 3, the employee may, within ten (10) workdays, submit a request in writing to the Superintendent for arbitration of the dispute. The grievant/association and the District shall attempt to agree upon an arbitrator and if no agreement can be reached, the parties shall request the California State Conciliation Service to supply a panel of five names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the grievant. All other expenses, including fees for witnesses, or the actual costs of substitutes for witnesses, shall be borne by the party incurring them. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues that were submitted to arbitration. If the parties cannot agree upon a summary of the issues, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each level. In disputed cases regarding whether or not a grievance claim is within the scope of these proceedings, the arbitrator shall rule on the arbitrability of the issue. The arbitrator shall have no power to add to, subtract from or modify the terms of agreement. The finding of the arbitrator shall pertain only to the grievance filed and must be determined within the provisions of this agreement. After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit, within thirty (30) calendar days, to all parties, a final and binding decision.

5.8 Each of the formal requirements and time limitations stated herein for the processing and determination of grievances shall be strictly adhered to provided, however, that any time limits may be extended by the express written agreement of both parties. If the grievant fails to appeal the grievance within the time limit specified in any step of the grievance procedure, the grievance shall be deemed waived and terminated. If the District fails to comply with any of the time limits specified the grievance shall move automatically to the next higher step, if a higher step exists.

=__**ARTICLE 6: ASSOCIATION RIGHTS**__=

6.1 The Association shall have the right of access to District teachers at reasonable times. The term "reasonable times" as used herein means meal periods, and any time before or after an employee's workday, as specified by the Board of Trustees, when such an employee is present upon District property, but is not expected to be performing service, or ready to perform services, on behalf of the District.

6.2 Representatives of the Association shall have the right to make use of school equipment, District buildings and facilities for Association business when the District does not otherwise need such equipment. Such equipment shall include computers, typewriters, telephones, other duplicating equipment, calculating machines, Email, and all types of audio-visual equipment. The Association shall provide its own supplies.

6.3 Representatives of the Association may contact employees in any lounge facility, meeting room, office, or classroom of the District provided that nothing herein shall be deemed to permit such access to a teacher at any time set aside for consultation or conference periods, or at any time that students or parents are present in the classroom where such access might otherwise be permissible, and provided further that if such access occurs in the proximity of District employees who are otherwise performing duties on behalf of the District, such access shall not be utilized in a manner that will disturb, disrupt, or otherwise interfere with the work of any employee of the District. Notwithstanding the provision of 6.3, the representatives of the Association may contact members of the Dinuba Teachers Association during school hours provided that classes are not interrupted, other members of the staff are not disturbed, and the educational process is not affected by this contact. However, this provision does not allow for meetings during normal required hours of service.

6.4 Representatives of the Association shall have the right to utilize District facilities for the conduct of meetings with District employees. Requests to utilize such facilities shall be made upon forms to be prescribed by the District, and shall be subject to prior requests for the utilization of such facilities by groups entitled to their use under provisions of the Education Code. Meetings conducted in such facilities shall in no way conflict with the work of District employees, and shall in no way conflict with the public school purposes of the District.

6.5 To assure the safety and security of students, any representative of the Association who wishes to enter a school campus of the District during hours in which students are present shall notify the Principal's office of his/her identity and his/her status as the representative of the Association. Appropriate identification and credentials may be required in instances when management at the campus level does not know or have reason to know the individual's identity or affiliation.

6.6 The Association shall have the right to utilize a designated portion of all bulletin boards normally used by the District for communication with its employees. One copy of all materials to be posted shall be provided to District management at the facility in which such posting is to take place, prior to posting. Nothing herein shall be deemed to permit the posting of defamatory or obscene materials, and such materials shall be removed without notice. The Association is responsible for the prompt removal of any out-of-date materials.

6.7 A total of five (5) non-accumulative days of paid annual release time shall be granted to the Association for use by its President or designee for the purpose of participating in Association business. Such release time in increments of one-half or one full day shall be used at the discretion of the Association providing the immediate supervisor or designee is given reasonable notice of twenty-four (24) hours of impending absences. This time shall not be used for renegotiating this Contract.

6.8 An additional ten (10) days may be used by the Association, and the Association shall reimburse any cost for a substitute. Such release time in increments of one-half or one full day shall be used at the discretion of the Association providing the immediate supervisor or designee is given reasonable notice of twenty-four (24) hours of impending absences. This time shall not be used for renegotiating this Contract.

=__**ARTICLE 7: CERTIFICATED EMPLOYEE EVALUATIONS**__=

7.1 It is understood and agreed to by the Association and the District that the primary objective in the evaluation of certificated employees is to provide assistance to said employees in the improvement of their professional skills, and that the evaluation procedures hereinafter described shall be carried out with the intent of meeting that objective.

7.2 __Formal Evaluation Procedure__


 * 7.2.1 Every probationary certificated employee shall be evaluated by the administration in writing a minimum of twice each school year. The first such evaluation shall be completed no later than December 1, and the second shall be completed no later than March 15.
 * 7.2.2 Every permanent certificated employee shall be evaluated by the administration in writing a minimum of every other year. The final evaluation shall be filed no later than thirty calendar days prior to the end of the school year.
 * 7.2.3 An evaluation shall be completed at least every five year for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified as defined in 20 U.S.C. Section 7801, and whose previous evaluations rated the employee as meeting or exceeding standards, if the evaluator and the certificated employee being evaluated agree. The certificated employee or the evaluator may withdraw consent at any time. Both the evaluator and the certificated employee must provide written consent annually and note the year of the evaluation cycle.
 * 7.2.4 No later than the end of the seventh school week of the year, the evaluator and the certificated employee shall meet and mutually agree to instructional goals and objectives for the school year upon which evaluations of the employee are to be based.
 * 7.2.5 During the course of the evaluation period, circumstances may arise which require modification of the evaluation process. Such modifications shall be accomplished by mutual written agreement between the evaluator and the evaluatee.
 * 7.2.6 The formal written evaluation of a teacher shall be based upon a number of classroom observations of sufficient length to enable the evaluator to form a valid opinion of the teacher's work.
 * 7.2.6.1 Lesson observation(s) for the purpose of formal evaluation, shall normally be arranged by the evaluator and the evaluatee by mutual agreement at least 48 hours in advance of the observations. Short-term observations may be carried out on an unannounced basis.
 * 7.2.6.2 Any certificated employee who receives an unsatisfactory observation may, upon request, be entitled to a subsequent observation, conference and written evaluation, as prescribed above. Permanent employees who receive an unsatisfactory evaluation may request a different qualified evaluator prior to a mandatory annual evaluation.


 * **7.2.6.3 The formal filing of the evaluation shall be preceded by an evaluation conference in which the evaluator and the certificated employee shall review the observation(s) and what is to be incorporated into that evaluation report within five working days.**
 * **7.2.7 An evaluator shall base a formal evaluation of a certificated employee on information which is collected through direct observation of such employee or other documented information. This excludes public charges and other negative material in the personnel file that has not been documented.**
 * **7.2.8 The certificated employee's evaluator shall take affirmative action to assist the teacher in the correction of any cited deficiencies. Such action shall include specific recommendations for improvement and direct assistance in implementing such recommendations.**
 * **7.2.8.1 Permanent certificated teachers who receive an unsatisfactory evaluation in the areas cited in Article 18 shall be referred to Peer Assistance and Review.**
 * **7.2.9 If subsequent remedial action eliminates the negative evaluation and/or the identified deficiencies, the evaluator shall place appropriate comments in the evaluatee's personnel file.**
 * **7.2.10 Teachers shall not be required to participate in the observation and/or evaluation of other teachers other than within the formal structure of PAR. They shall not be required to formally assess their own performance except by mutual agreement between the evaluator and the evaluatee.**
 * **7.2.11 Evaluators shall receive district-standardized training in evaluative techniques and procedures.**
 * **7.2.12 In the event that the evaluatee disagrees with the evaluation, the evaluatee shall institute the grievance process beginning at the informal level.**

=__ARTICLE 8: TEACHING HOURS__=


 * 8.1 Except as may be provided elsewhere in this Article, the __normal required hours of service__ to be rendered per day by teachers including preparation time, lunch periods, relief periods, and times required before and after the student day shall be as follows:

Kindergarten. 7:50 a.m. through 3:05 p.m.

Grades One through Three 7:50 a.m. through 3:05 p.m.

Grades Four through Six 7:50 a.m. through 3:05 p.m.

Grades Seven and Eight 7:45 a.m. through 3:10 p.m.

High School (All Grades) 7:40 a.m. through 3:10 p.m.

8.2 While the foregoing paragraph delineates the __normal hours of service__ that may be __required__ of a teacher on a daily basis, it is generally acknowledged and agreed by the Board and the Association that for purposes of planning and preparation, teachers must normally devote reasonable amounts of time to professional responsibilities beyond the hours specified above. It is further acknowledged and agreed that preparation time requirements will vary generally in direct relationship to the number and variety of course offerings for which a teacher is responsible.**


 * **8.2.1 No junior or senior high school teacher shall have more than four separate course preparations per day without his/her voluntary consent, except in cases where it would be impossible to fill the teacher's daily teaching schedule with only four preparations.**


 * **8.2.2 No elementary teacher shall be assigned a combination class involving students from more than two separate grade levels without voluntary consent, or except as may be required to meet the provisions of specially funded projects or programs.**


 * 8.3 Junior and senior high teachers shall be granted a daily preparation period which shall be equal in length to a regularly scheduled period for that day.

8.4 Elementary school teachers shall normally have at least forty minutes of unassigned, uninterrupted time per work day set aside for preparation and planning.**


 * **8.4.1 Teachers in grades four and five will be granted additional preparation time by dismissing their students at the same time as the primary student dismissal one day per week.**


 * **8.4.1.1 For teachers at JFK Academy, the collaboration time of Band/Choir/Drama and PE on each Wednesday shall be designated as Preparation Time.**


 * **8.4.2 The District will provide forty-five (45) minutes of preparation time per week for teachers in grades fourth through sixth by providing a physical education specialist to teach their physical education classes.**


 * 8.5 Every teacher shall be entitled to one duty-free uninterrupted lunch period of at least thirty (30) minutes each day.

8.6 Teachers in K-5 and Sierra Vista shall be provided a relief period each day which will coincide with the break determined by normal class scheduling. Such period shall normally be fifteen (15) minutes in length.

8.7 The times for which teachers shall, except for relief periods, be directly responsible for their assigned students on a normal* school day shall be as follows:

__A.M. Sessions__ __P.M. Sessions__

__Elementary__:

Kindergarten 8:00 to 11:20 11:30 to 2:50

Elementary

a. Primary 8:30 to 11:30 12:10 to 2:10

b. Intermediate (4/5) 8:30 to 12:00 12:40 to 2:55

Sixth Grade 8:00 to 12:00 12:40 to 3:00

__Secondary__:

Junior High 8:00 to 11:44 12:24 to 3:00

Dinuba High School 8:00 to 11:05 11:50 to 2:50

Dinuba High Tutorial 2:50 to 3:10


 * The District's alternate schedules will provide forty (40) minutes to the 4-6 grades lunch period on all minimum days and foggy days.

8.8 The District shall be permitted reasonable discretion in rearranging blocks of instructional time as shown above to accommodate busing schedules, special programs and to meet statutory requirements. Total amounts of instructional time and required hours of service shall not be altered, except in the second semester to meet statutory requirements due to weather (fog) or emergencies.

8.9 Teachers are expected to help with District and site committees. Teachers will, from time to time, be asked by their administrators to assist on special assignments. It is preferred that all teachers do their share by volunteering for service when needed. Release time for committee work will be considered when appropriate and approved by the Administration.

8.10 On foggy days, teachers shall not be required to report for duty until twenty (20) minutes before their regularly-scheduled start time, if the start of school is delayed.

8.11 It is recognized and acknowledged that in addition to all hours indicated above, teachers may be expected to spend reasonable time in school-related activities such as, but not limited to, parent/teacher conferences, open house programs, etc. Teachers may be expected to fulfill these obligations as long as they are consistent with and do not significantly exceed those established by the District prior to the adoption of this Agreement.

8.12 If it is determined that a waiver of the collective bargaining agreement is necessary in order to implement a specific site plan, the following procedure shall be followed:

A secret ballot shall be conducted by the Association’s building representative or designee at the school site.

At least one week prior to the vote, all unit members shall be provided with a written explanation of the requested waiver including, but not limited to, the specific contract provision to be waived, the duration of the waiver, evaluation process, and the projected impact on staff, students and the educational process.

A sixty seven percent (67%) vote of the eligible Association members at the school site casting ballots is necessary to waive any portion of the Collective Bargaining Agreement.

Completed waiver applications shall be submitted to the DTA Executive Board and the DUSD Board of Trustees for final ratification.

The parties named in the paragraph above, agree that during the month of May of each year, they will review waivers of negotiated contract provisions as to the continuation of these waivers into the subsequent year.**

=__ARTICLE 9: CLASS SIZE__=


 * 9.1 The District and the Association recognize that class size is a major factor in determining the quality of education received by students. Therefore, the following standards are established:

9.2 Certificated staffing will be based on the following maximums:**


 * **9.2.1 Kindergarten 1:29**


 * **9.2.2 Grades 1-3 1:30**


 * **9.2.3 Grades 4-6 1:31**


 * **9.2.4 Secondary staff will be based on District-wide class average of 1:32. The maximum number of students per instructional day, per teacher, shall not exceed one hundred ninety-two (192) students in grades 7 and 8 and ninety-six (96) in regular classes grades 9-12 at Dinuba High School, based on a four (4) period block schedule.**


 * **9.2.5 The District shall abide by State of California regulations on Special Education class sizes.**


 * 9.3 P.E., Performing Arts, Work Experience, Summer School, Adult, and Gate are excluded from the above maximums.

9.4 In any special purpose classroom (vocational, lab, etc.) where the number of students shall not exceed the number of work stations.

9.5 All classes in which teachers' salaries are paid, or partially paid, with special funding (other than general funds) shall be excluded when calculating teacher-pupil ratios or contacts.

9.6 Whenever the number of pupils assigned to any teacher exceeds the maximum established above for ten (10) consecutive workdays, the affected teacher shall be offered assistance in any one of the following forms of which the Association shall be informed:**


 * **9.6.1 Transfers of students into same grade level;**
 * **9.6.2 Additional teacher aide assistance;**
 * **9.6.3 Other solutions mutually acceptable to the teacher and the Principal which are consistent with the terms of this Agreement.**
 * **9.6.4 The Association shall be informed of all such mutually determined solutions.**
 * **9.6.5 The indicated maximum may be exceeded where there is mutual agreement between the teacher and the District that such excess is acceptable.**

9.8 Whenever the number of students assigned to any teacher exceeds the maximums established in 9.2 for seven (7) consecutive days, the Principal shall notify the teacher and the District in writing using the appropriate form.
 * 9.7 Whenever the special assistance shown above in 9.6 does not resolve the concern of the teacher, the following shall be provided:**
 * **9.7.1 After seven (7) consecutive workdays described above, an affected teacher in grades K-6 will be reimbursed above his/her salary at the rate of five dollars ($5.00) per day for each student so enrolled that exceeds the maximum. The payment for the extra students shall be computed from the first day of enrollment. (Day one of the seven days.)**
 * **9.7.2 After seven (7) consecutive work days described above, an affected teacher in grades 7-12 shall be reimbursed above his/her salary at the rate of one dollar ($1.00) per pupil, per day, for each student so enrolled that exceeds the maximum. The payment for the extra students shall be computed from the first day of enrollment. (Day one of the seven days.)**

9.9 The District shall make every effort to maintain equity in class sizes at any grade level or in any subject area on a District-wide basis.**

=__ARTICLE 10: SAFETY__=


 * The District shall not require teachers to work in an unsafe environment.**

=__ARTICLE 11: PROFESSIONAL DUES OR FEES AND PAYROLL DEDUCTIONS__=


 * 11.1 Any teacher who is a member of the Dinuba Teachers Association/ CTA/NEA, or who has applied for membership, may sign and deliver to the District an assignment authorizing deduction of unified membership dues, initiation fees and general assessments, to be paid to the Association. Pursuant to such authorization, the District shall deduct one tenth (1/10th) of such dues from the regular salary warrant of the teacher each month for ten (10) months. Deductions for teachers who sign such authorization after the commencement of the school year shall be appropriately pro-rated to complete payments by the end of the school year.

11.2 Any teacher who does not make application for membership within thirty (30) days from the date of commencement of assigned duties within the bargaining unit, shall become a member of the Association or pay to the Association a fee in an amount equal to unified membership dues, initiation fees and general assessments, payable to the Association in one lump-sum cash payment in the same manner as required for the payment of membership dues; provided, however, that the teacher may authorize payroll deduction for such fee in the same manner as provided in paragraph 11.1 of this Article. In the event that a teacher shall not pay such fee directly to the Association, or authorize payment through payroll deductions as provided in paragraph 11.1, the Association shall so inform the District and the District shall immediately begin automatic payroll deduction as provided in Education Code section 45061 and in the same manner as set forth in section 11.1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions.

11.3 Any teacher who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to join or financially support the Dinuba Teachers Association/CTA/NEA as a condition of employment; except that such teacher shall pay, in lieu of a service fee, sums equal to such service fee to one of the following non-religious, non-labor organizations, charitable funds exempt from taxation under section 501 (c)(3) or Title 26 of the Internal Revenue Code:**
 * **11.3.1 Clemmie Gill School of Science and Conservation (SCICON) Fund**
 * **11.3.2 American Cancer Society**
 * **11.3.3 KVPT Public Television Channel 18**


 * Such payment shall be made on or before September 1 of each school year, or tenthly by payroll deduction.

11.4 Proof of payment and a written statement of objection, along with evidence of membership in a religious body whose traditional tenets or teachings object to joining or financially supporting employee organizations, pursuant to section 11.3 above, shall be made on an annual basis to the Association and the District as a condition of continued exemption from the provisions of sections 11.1 and 11.2 above. Proof of payment shall be in the form of receipts and/or cancelled checks indicating the amount paid, date of payment, and to whom payment in lieu of the service fee has been made. Such proof shall be presented on or before September 1 of each school year.

11.5 With respect to all sums deducted by the District pursuant to the paragraphs above, whether for membership dues or agency fee, the District agree to promptly remit such monies to the Association at its membership processing office, Post Office Box 4178, Burlingame, California 94011-9986, accompanied by an alphabetical list of teachers for whom deductions have been made, indicating any additions or corrections from the previous listing.

11.6 The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article.

11.7 __Hold Harmless__**
 * **11.7.1 The Association agrees to pay to the District all legal fees and legal costs incurred in defending against any court action and/or administrative action before PERB challenging the legality or constitutionality of the agency fee provisions of this Agreement or their implementation.**
 * **11.7.2 The Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to in paragraph 11.7.1 shall or shall not be compromised, resisted, defended, tried or appealed.**

=__ARTICLE 12: LEAVES__=


 * 12.1 __General__

Teachers in the bargaining unit shall be entitled to leaves of absence in accordance with the provisions set forth below.**


 * **12.1.1 References to Sections of the California Education Code contained in this Article shall refer to that section of the Code or to any section(s) covering the matters contained herein which may result from a reorganization of the California Education Code.**
 * **12.1.2 For the purpose of this article __immediate__ family members of the employee or spouse are the mother, father, son, daughter, brother, sister, mother-in-law, father-in-law, grandchildren, grandmother, grandfather, son-in-law, daughter-in-law, step-mother, step-father, step-son, step-daughter, step-brother, step-sister, brother-in-law, sister-­in-law, or any relative living in the immediate household.**


 * **12.1.3 The district and the association recognize thirteen (13) different types of leave:**
 * **Four (4), are charged against sick leave and are paid at the contractual rate;**
 * **a) Sick (12.2)**
 * **b) Personal (12.3)**
 * **c) Religious (12.4)**
 * **d) Maternity (12.5) (pay optional)**
 * **Three (3), are not charged against sick leave but are paid at the contractual rate;**
 * **a) Extended Illness (12.6) (paid at a differential rate)**
 * **b) Bereavement (12.7)**
 * **c) Jury (12.8)**
 * **Six (6) are not charged against sick leave and are not paid;**
 * **a) Industrial Accident (12.9) (subject to change after 60 days)**
 * **b) Extended Personal (12.10)**
 * **c) Personal Without Pay (12.11)**
 * **d) Health (12.12)**
 * **e) Parental (12.13)**
 * **f) Family Care and Medical (12.14)**


 * 12.2 __Sick Leave__**


 * **12.2.1 __Entitlement and Accumulation__**
 * **a. Every full-time teacher in the District shall be entitled to ten (10) days leave of absence for illness or injury (sick leave) with full pay for a regular school year of service.**
 * **b. Credit for sick leave need not be accrued for that year prior to the taking of such leave by the employee, and sick leave may be taken at any time during the school year.**
 * **c. For purposes of fulfilling the intent of (a) above, "full-time teacher" shall be defined as a teacher whose assignment in the District calls for him/her to render five (5) regular teacher work days of service per week to the District during the school year.**
 * **d. Teachers in the bargaining unit who serve the District for a period of time other than a "regular school year" and/or on other than a "full-time" basis shall accrue sick leave on an appropriately prorated basis.**
 * **e. Total sick leave earned in any one year shall be calculated to the nearest one-fourth (1/4) of an hour.**
 * **f. If an employee does not utilize the full amount of sick leave to which he/she is entitled in any school year, the amount not utilized shall be credited to his/her sick leave account with the District and shall accumulate from year to year.**
 * **g. All unused sick leave upon the retirement of any employee shall be credited toward retirement based upon a formula of the State Teachers Retirement System or Public Employee Retirement System.**
 * **h. The District shall provide each teacher with a statement that shall be current as of October 30 of the contract year indicating the total number of days, which have been credited to his/her sick leave account as of that time. Such statement shall be delivered to employees no later than November 15.**
 * **i. When employment is terminated, accumulated sick leave is transferable and no employee shall be paid for such accumulated leave.**
 * **12.2.2 __Utilization__**
 * **a. Teachers who are absent from the duties to which they have been assigned by the District because of illness or accident, shall receive their regular full pay for each day and/or period of such absence insofar as such teachers have credited and/or accumulated sick leave in their accounts to cover said absence.**
 * **b. The District may, for reasonable cause, require a physician's verification of illness. If such verification is required, the cost of the physician's services shall be borne by the District and the physician may be of the District's choosing.**
 * **c. The sick leave account of a teacher shall be charged for each day or actual teaching period during which he/she is absent because of illness or accident, whether or not a substitute is employed in his/her place.**
 * **d. When absences are of five (5) consecutive workdays or more in duration, the District may require verification of suspected abuse of sick leave, including any of the following procedures:**
 * **1. Statement of Employee;**
 * **2. Statement of Employee’s supervisor.**


 * **12.3 __Personal Leave__**
 * **12.3.1 Teachers shall be entitled to use up to ten (10) accumulated and/or credited sick leave days during each year. .**
 * **(Replaces Personal Business and Personal Necessity Leave)**
 * **12.3.2 Purpose of and/or reasons for which personal leave may be used shall include the following:**
 * **a. Death or illness of member of the immediate family. Use of personal leave for this purpose shall occur after the full amount of the bereavement leave time as provided in paragraph 12.7.1 below has been utilized.**
 * **b. Accident involving the teacher's personal property or the personal property of a member of his/her immediate family.**
 * **c. Appearances in court as a litigant or as a witness under an official subpoena and/or order, not related to professional duties.**
 * **d. Special events involving a member of the immediate family.**
 * **e. Special events and/or circumstances that require the attention of the employee during assigned hours of service.**
 * **f. Paternity purposes when pregnancy, miscarriage, childbearing and recovery disable the wife therefrom.**
 * **g. Maternity purposes if newborn or newly adopted child.**
 * **h. Other; as approved by District administrator and DTA representative as in 12.3.5.**


 * **12.3.3 Application for the use of personal leave shall be submitted to the supervisor at least twenty-four (24) hours in advance, except for a and b above and except in the case of an emergency. A personal leave day shall not be taken for the first and/or last day of the school year. (Emergencies excluded).**
 * **12.3.3.1 If the employee is dissatisfied with the decision, he/she may appeal the matter through the grievance procedure.**
 * **12.3.4 Applications for absence shall be submitted on the form as prepared and made available by the District at each employee site.**
 * **12.3.5 In cases of suspected abuse of personal leave either before or after the leave has been utilized, a DTA representative appointed by the president and a District Office Administrator will convene to review and determine the appropriateness of the leave and how the leave will be recorded.**


 * 12.4 __Religious Leave__

Any teacher shall be entitled to the use of up to three days of paid leave annually for participation in the established religious holidays and/or observances of his/her particular faith or denomination. The use of such leave shall be charged against the credited and/or accumulated sick leave in the employees' sick leave account. Requests for the use of such leave must be made in advance of the actual day of absence.

12.5 __Maternity Disability Leave__**


 * **12.5.1 Any teacher who is pregnant shall be entitled to the use of sick leave for maternity purposes when there is a disability caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom.**
 * **12.5.2 Teachers experiencing a disability as described above shall have the option of either receiving or not receiving pay during the period of disability. Each day for which such pay is received shall be charged against the employee's accumulated sick leave.**
 * **12.5.3 Upon request, the employee shall provide written confirmation by the attending physician as to the starting and ending dates and as to the nature of the disability.**
 * **12.5.4 An employee on parental leave of absence as described in Paragraph 12.13 below will be entitled to receive the benefits of this paragraph during any period of such leave when she experiences a disability as herein defined.**


 * 12.6 __Extended Illness Leave__**


 * **12.6.1 Any teacher who must be absent from his/her assignment because of illness, or accident for a period of up to but not more than five (5) school months after all credited and/or accumulated sick leave in his/her account has been used, shall have deducted from his/her normal monthly salary the amount actually paid the substitute.**


 * **12.6.2 Teachers on extended illness leave shall continue to be provided with the full range of regular employee fringe benefits as provided in this contract.**


 * **12.6.3 Persons utilizing these extended illness leave provisions may return to their regular positions upon fourteen (14) days prior notification to their immediate supervisors of their intent to return.**


 * **12.6.4 Persons who return to active employment after having used the extended illness leave provisions of this contract shall be fully entitled to subsequent use of these provisions.**


 * 12.7 __Bereavement Leave__**


 * **12.7.1 A teacher shall be entitled to the use of up to five (5) days of fully paid leave of absence in the event of the death of any member of his/her immediate family in state, or up to seven (7) days of such leave if travel in excess of 250 miles one way is required.**


 * **12.7.2 No charge shall be made against the employee's sick leave account for the use of this leave.**


 * 12.8 __Jury Leave__**


 * **12.8.1 A teacher shall be entitled to as many days of paid leave as are necessary when he/she is required to serve on any jury.**


 * **12.8.2 Days of absence because of jury duty shall not be charged against the employee's sick leave.**


 * **12.8.3 Days of absence because of jury duty shall not have an adverse effect on an employee relative to the attainment of tenure or advancement on the District's salary schedule.**


 * **12.8.4 Stipends received by employees as a result of jury duty shall be endorsed over to the District excluding mileage and no reduction in normal pay, fringe benefits, or other benefits shall be imposed on the employee in any form.**


 * 12.9 __Industrial Accident/Illness - Insurance and Leave__**


 * **12.9.1 All employees are protected by provisions of the California Worker’s Compensation Act for accidents occurring while on duty. Any employee who is injured while on duty shall report all facts concerning the accident to the Building Principal who will report that day to the Superintendent's office on prescribed forms.**


 * **12.9.2 Any certificated employee shall be entitled to industrial accident/illness leave of absence for sixty (60) working days in any one fiscal year for the same accident.**


 * **12.9.3 Industrial accident/illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award.**


 * **12.9.4 Industrial accident/illness leave commences on the first day of absence and when it is exhausted, available sick leave may be used at the employee's discretion.**


 * **12.9.5 As long as the certificated employee has paid leave of absence time available, they may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the appropriate salary warrants for payment of the employee's salary with the usual deductions for retirement and other authorized contributions. If the temporary disability indemnity check received by the employee is not endorsed payable to the District, the amount of the temporary disability indemnity actually received by the employee shall be deducted so that payment by the District is not more than the employee's full salary less appropriate deductions.**


 * **12.9.6 Allowable industrial accident/illness leave shall not be accumulated from year to year. When an industrial accident or illness occurs at a time when the full sixty (60) days will overlap into the next fiscal year, the employee will be entitled to only the amount remaining for the same injury or illness.**


 * **12.9.7 Any employee receiving benefits as a result of this section shall, during periods of injury or illness, remain in California unless the governing Board authorizes travel outside the state.**


 * **12.9.8 Upon termination of the industrial accident/illness leave, the certificated employee shall be entitled to the benefits accorded in Article 12.2 (Sick Leave) of this agreement, and for the purpose of this section the absence shall be deemed to have commenced on the date of termination of the industrial accident/illness leave, provided that if the employee continues to receive temporary disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.**


 * **12.9.9 Employees experiencing an industrial illness/accident shall be entitled to the use of other Leave Provisions contained in this agreement as appropriate and if necessary for complete recuperation from said illness or accident.**


 * **12.9.10 A teacher shall be deemed to have recovered from an industrial accident/illness, and thereby able to return to work, at such time as his/her attending physician shall attest that there has been a recovery. If an employee refuses to return to work upon physician's release, the District may begin proceedings for termination as established in California Education Code.**


 * 12.10 __Extended Personal Leave of Absence__**


 * **12.10.1 Any tenured teacher shall be entitled to apply for and receive an extended personal leave of absence, without District pay, from his/her regular assignment for any of the following reasons:**


 * **A. Caring for a Sick member of the immediate family.**


 * **B. Educational improvement (i.e., study, travel, research).**


 * **C. Participation as a paid employee in a specific educationally related project outside the District which is temporary in nature and which may provide the teacher with experience that could ultimately benefit the District, may be brought to the Board for special consideration.**


 * **12.10.2 In order to secure an Extended Personal Leave of Absence, a teacher shall be required, except in cases of evident emergency, to submit application for such leave to the District Personnel Director at least forty-five (45) days in advance of the commencement of the leave period. Leave requested in order to care for a sick member of the teacher's immediate family (12.10.1 (A) above) may be expected to qualify under the “emergency" category.**


 * **12.10.3 Except in cases of evident emergency, Extended Personal Leaves of Absence shall commence at the beginning of the second semester.**


 * **12.10.4 Extended Personal Leaves of Absence shall normally be for a period extending through the end of the current school year __(upcoming__ school year when granted during the summer months). Leaves granted pursuant to12.10.1 (A) above may be for a period extending to the end of the first semester if so specified by the teacher.**


 * **12.10.5 A maximum of one-year extension of leave granted under12.10.1 (A) and (B) of this paragraph may be secured provided that requests for such extension are received by the District Personnel Office no later than forty-five (45) working days to the expiration date of such leaves.**


 * **12.10.6 Years of experience credited for tenure, salary schedule advancement, and\or seniority purposes will not accrue to a teacher on such leave.**


 * **12.10.7 Any teacher who has been granted an Extended Personal Leave of Absence for two (2) semesters or less shall, at the conclusion of his/her leave period, be assigned to the same position which he/she held at the time the leave commenced. If that position is no longer in existence, the teacher shall be assigned to a position which is substantially equivalent to the one previously held.**


 * **12.10.8 Teachers on Extended Personal Leaves of Absence may not normally expect to return to active employment prior to the expiration of their leave period __except__ that such return may be accomplished if:**


 * **A. A position for which they are qualified is open in the District.**


 * **B. No other employee is interested in that position (i.e., either through transfer or return from District­ authorized leave).**


 * **12.10.9 If a teacher on Extended Personal Leave of Absence notifies the District of his/her desire to return to active employment at the expiration of a leave that has been extended to include more than two (2) semesters, he/she shall be assigned to a teaching position for which the employee is qualified at the beginning of the ensuing school year.**


 * **12.10.10 While on an Extended Personal Leave of Absence a teacher shall have the option to remain an active participant in the fringe benefit programs of the District by contributing to the District the full amount of premiums normally paid by the District for those who are actively employed.**


 * **12.10.11 The granting of an Extended Personal Leave of Absence shall not deprive the governing board of its right to dismiss a probationary employee in accordance with Sections 44948-44949 of the California Education Code or any other applicable provisions of the law.**


 * **12.10.12 No sick leave will be accumulated by an employee who is on Extended Personal Leave of Absence.**


 * 12.11 __Personal Leave Without Pay__

Teachers may take leave without pay; application for said leave shall be made at least twenty-four hours (24) in advance (except in an emergency) in accordance with paragraph 12.3.4.

12.12 __Health Leave of Absence__**


 * **12.12.1 Any teacher who must be absent from his/her normal assignment with the District because of illness or accident for a period extending beyond the expiration of the five (5) school month period described in the "Extended Illness Leave, 12.6," provisions above, shall be entitled to request and may receive an unpaid health leave of absence from the District.**


 * **12.12.2 Health leaves of absence may normally be granted for a period extending to the end of the current school year. Such leaves may be extended for a period of up to one year, upon the request of the teacher and provided that the employee's physician indicates a potential for the employee's return to active employment at the end of the extended leave period. Such request shall be made in writing at least fifteen (15) days prior to the expiration of the current leave period.**


 * **12.12.3 Any teacher who is on a health leave of absence shall continue to be provided with the full range of normal employee health and welfare benefits at employee's expense during the entire period of such leave.**


 * **12.12.4 A teacher resuming active employment from his/her initial health leave of absence period may be entitled to return to the position he/she held prior to taking such leave. Return to active employment may be requested at anytime during or at the conclusion of the initial leave of absence period provided that the employee has a physician's release to return to active employment. Such return shall be consummated within fourteen (14) days of the District's receipt of a request to return from the employee unless such request is made after April 30, in which case return shall be accomplished at the beginning of the next school year.**


 * **12.12.5 A teacher desiring to resume active employment during or at the conclusion of an extension of the initial health leave of absence shall be assigned to the first available vacancy in the District for which he/she is qualified. If more than one teacher on an extended health leave of absence has given notice of his/her desire to return to active employment, the teacher who gave notice at the earliest date shall be assigned the position in question. In any case, the teacher shall be assigned a regular teaching position for which the employee is qualified, at the beginning of the next school year after he/she indicates his/her desire to return.**


 * **12.12.6 No sick leave will be accumulated by an employee who is on an Extended Illness Leave.**


 * 12.13 __Parental Leave of Absence__

A parental leave of absence without pay shall be granted to a teacher for the purpose of child bearing and/or child rearing as follows:**


 * **12.13.1 A teacher who is pregnant may request a parental leave of absence which may begin at any time between the commencement of her pregnancy and one year after a child is born to her. Said teacher shall notify the Superintendent in writing of her desire to take such leave, and, except in case of emergency, shall give such notice at least thirty (30) days prior to the date on which her leave is to begin. She shall include with such notice either a physician's statement certifying her pregnancy or a copy of the birth certificate of her child, whichever is applicable. A teacher who is pregnant may continue in active employment throughout her pregnancy as long as she is able to properly perform her required functions. The Board shall not deny a request for parental leave of absence except for good and sufficient reason based on the educational needs of the District.**


 * **12.13.2 Any teacher shall be entitled, upon request, to a one-year parental leave of absence to begin within two years after the birth of his/her child, or within one year after receiving defacto and/or dejure custody of any infant child (i.e., three years of age or less), or prior to receiving such custody, if necessary, in order to fulfill the requirements of adoption.**


 * **12.13.3 Salary schedule credit and years of service will not accrue to a teacher on such leave unless the employee works at least one full semester or ninety (90) consecutive working days during the school year. When the use of parental leave of absence results in allowing an employee's advancement on the District Salary Schedule for a single semester's work, said employee shall not again be entitled to advancement under such circumstances.**


 * **12.13.4 Any teacher who has been on parental leave of absence for two semesters or less and who notifies the District of his/her desire to return to active employment, shall within fourteen (14) days after District receipt of the notice, be assigned to the same position which she/he held at the time the leave commenced. An exception to this provision may occur if the position is no longer in existence, in which case the teacher shall be assigned to a position which is substantially equivalent to the one previously held.**


 * **12.13.5 In addition to the exception listed in 12.13 .4 above, any teacher who has been on parental leave for sixty (60) or more working days and gives notification of his/her desire to return to active employment after April 30, of the regular school year, may be continued on the parental leave until the commencement of the next school year. At that time, all provisions outlined in 12.13.4 above shall continue to be operative.**


 * **12.13.6 While on parental leave, a teacher shall have the option to remain an active participant in the fringe benefit programs of the District by contributing to the District the full amount of the premiums normally paid by the District for those who are actively employed.**


 * **12.13.7 The granting of a parental leave of absence shall not deprive the governing board of its right to dismiss a probationary employee in accordance with Sections 44949 - 44955 of the California Education code or any other applicable provisions of the law.**


 * **12.13.8 No sick leave will be accumulated by an employee who is on parental leave of absence.**


 * 12.14 __Family Care and Medical Leave__**


 * **12.14.1 The Governing Board shall grant Family Care and Medical Leave to eligible employees in accordance with current state and federal law. Employees taking this leave shall be reinstated in the same position upon returning from family care leave.**


 * **12.14.2 Employees who take medical leave for their own serious health condition shall present certification from their health care provider to the effect that they are able to resume work.**


 * **12.14.3 __Definitions:__**
 * **12.14.3.1 "Child" means a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing //in loco parentis// as long as the child is under 18 years of age or an adult dependent child.**
 * **12.14.3.2 "Parent" means a biological, foster or adoptive parent, a stepparent, a legal guardian, or another person who stood in loco parentis to the employee when the employee was a child.**
 * **12.14.3.3 "Serious health condition" means an illness, injury, impairment or physical or mental condition that involves either:**
 * **12.14.3.3.1 Inpatient care in a hospital, hospice or residential health care facility, or**
 * **12.14.3.3.2 Continuing treatment or continuing supervision by a health care provider.**
 * **12.14.3.4 "Instructional employee" means an employee whose principal function is to teach. The term does not include teacher assistants or aides, counselors, psychologists, curriculum specialists or other primary non instructional employees.**
 * **12.14.4 __Eligibility__ Any eligible employee who has served the District more than one continuous year shall be eligible to take unpaid Family Care and Medical Leave under the provisions of state and federal law.**


 * **12.14.5 Family Care Leave may be used for the following reasons:**
 * **12.14.5.1 Because of the birth of the employee's child, and in order to care for the child.**
 * **12.14.5.2 Because of the placement of a child with the employee for foster care or in the connection with the employee's adoption of the child.**
 * **12.14.5.3 In order to care for the employee's child, parent or spouse with a serious health condition.**
 * **12.14.5.4 Because of the employee's own serious health condition, which makes the employee unable to perform the functions of his/her job, except for leave taken for disability on account of pregnancy, childbirth or related medical conditions.**


 * **12.14.6 __Terms of the Leave:__**
 * **12.14.6.1 Family Care Leave shall not exceed twelve (12) workweeks during any twelve-month period.**
 * **12.14.6.2 This twelve (12) month period shall coincide with the fiscal year.**
 * **12.14.6.3 Leave taken pursuant to the state Family Care and Medical Leave Act shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act (FMLA), except for any leave taken under the FMLA for disability on account of pregnancy, childbirth, or related medical conditions. In addition to Family Care and Medical Leave, an employee may be entitled to take pregnancy disability leave of up to four months. During the otherwise unpaid portion of Pregnancy Disability Leave, the employee may use any accrued vacation, sick time or other paid leave.**
 * **12.14.6.4 Leaves taken for the birth or placement of a child must be initiated within one (1) year of the birth or placement of the child. Such leave shall not be taken intermittently or on a part-time leave schedule unless the District and the employee agree otherwise.**
 * **12.14.6.5 If both parents of a child work for the District, each parent may take up to twelve (12) weeks of Family Care and Medical Leave related to the birth or placement of the child.**
 * **12.14.6.6 During the period of Family Care and Medical Leave, the employee may elect to use his/her accrued vacation leave, other accrued time off, or any other paid or unpaid time off negotiated with the District.**


 * **12.14.7 __Requests, Advance Notice and Certification:__**
 * **12.14.7.1 The employee shall give the District at least thirty (30) days written advance notice of his/her need for Family Care and Medical Leave. If the employee learns of the need for this leave fewer than thirty (30) days in advance, he/she shall provide such notice as soon as practicable.**
 * **12.14.7.2 If leave is needed for a planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision to avoid disruption of District operations. This scheduling shall be subject to the health care provider's approval.**
 * **12.14.7.3 An employee's request for Family Care and Medical Leave shall be supported by a certification from the health care provider of the person requiring care. Certification shall include all of the following:**
 * **12.14.7.3.1 The date on which the serious health condition began.**
 * **12.14.7.3.2 The probable duration the condition.**
 * **12.14.7.3.3 The appropriate medical facts within the knowledge of the health care provider regarding the condition.**
 * **12.14.7.3.4 If the employee is requesting leave because of his/her own serious health condition, the health care provider's certification that due to the serious health condition, the employee is unable to perform the functions of his/her job.**
 * **12.14.7.4 If the employee is requesting leave to care for a child, spouse, or parent who has a serious health condition, the certification shall also include the health care provider's:**
 * **12.14.7.4.1 Estimate of the amount of time needed for the care, and**
 * **12.14.7.4.2 A statement that the serious health condition warrants the attention of the family member.**


 * **12.14.8 __Maintenance of Benefits:__**
 * **During the period of Family Care Leave, the employee shall continue to be entitled to participate in and receive the District's contribution toward the District's life, medical, dental and vision plans. The employee shall continue to be entitled to participate in disability and accident insurance plans, pension and retirement plans, supplemental unemployment benefits plans, and/or any other employee welfare benefit plan to the same extent and under the same conditions as apply to an unpaid leave taken for any other purpose.**


 * **12.14.9 __Maintenance of Status:__**
 * **The employee shall retain his/her employee status with the District during the leave period, and the leave shall not constitute a break in service for purposes of longevity or seniority under this Agreement.**


 * **12.14.10 __Reinstatement:__ Upon granting an employee's request for Family Care Leave, the District shall guarantee to reinstate the employee in the same position when the leave ends.**


 * **12.14.11 __Intermittent/Reduced Work Schedule Leave__**
 * **Leave related to the serious health condition of the employee or his/her child, parent, or spouse may be taken intermittently or on a reduced work schedule when medically necessary.**


 * **12.14.12 __Notifications:__ In accordance with law, the District shall notify employees of their right to request Family Care Leave. When employees request Family Care and Medical Leave, the District shall provide them with notice detailing the specific expectations and obligations involved, including:**
 * **12.14.12.1 Whether the employee's paid leave will be substituted;**
 * **12.14.12.2 The requirements for initial medical certification and certification upon return;**
 * **12.14.12.3 Health Benefit arrangements;**
 * **12.14.12.4 The employee's right to restoration to the same position;**
 * **12.14.12.5 The employee's potential liability for health benefits should the employee not return to service.**

=__ARTICLE 13: TRANSFERS__=


 * 13.1 A transfer refers to any action that results in the movement of a teacher from a school site to another school site or from one subject matter area to another subject matter area.

13.2 Transfers may be teacher-initiated (voluntary) or District-initiated (involuntary).**


 * **13.2.1 Teachers who are selected for a position through voluntary transfer will be credited with a District contribution of five hundred dollars ($500.00), in addition to normal site contributions, for start-up classroom supply and instructional material expenses in the new assignment.**


 * 13.3 __Voluntary Transfers__**


 * **13.3.1 Teachers may initiate their own transfer within their employing District by submitting a written request to the Dinuba Schools personnel department. In order to insure consideration for placement in a new position for the coming school year, a teacher's request for transfer must be submitted sixty (60) days prior to the end of the school year.**


 * **13.3.2 Requests for transfer may be submitted at any time during the District's regular office hours.**


 * **13.3.3 Transfer requests may be submitted in response to a particular opening that has been announced in the District or simply for purposes of receiving consideration for vacancies as they occur. If the applicant indicates that he/she wishes only to be considered for a particular opening, his/her request shall be considered null and void once that opening has been filled. Other requests will be kept on file by the District for reference as vacancies occur for a period of one (1) year from the date of their submission.**


 * **13.3.4 The administration shall post notice of all known certificated vacancies as soon as they come to the attention of the District. Such notice shall be posted on the District’s Web Site and in the employee lounge, teacher workroom, and school office for at least five (5) workdays prior to a closing date for applications that shall be specified on the notice of the vacancy. Notices shall include the position description, grade level or subject matter assignment, and credential requirement. Notices shall be sent to the Association President.**


 * **13.3.5 Vacancies shall normally be filled within ten (10) workdays after the closing date for applications, as soon as possible using a ten (10) day guideline. Unselected applicants shall be entitled, upon request, to a written statement as to why their transfer request has been denied.**


 * **13.3.6 Currently employed certificated staff members who have applied and are qualified for a vacant position in a District's teaching staff shall receive first consideration for the positions prior to the employment of anyone from outside the District. Exceptions to this provision are authorized when such exceptions are necessary in order to meet the requirements of the District's Affirmative Action Program or of mandated federal or state employment guidelines or when the qualifications of an outside applicant are clearly superior.**


 * **13.3.7 When two or more current employees apply for and are qualified for a position declared vacant by a District, the following criteria shall be considered in selecting the individual to fill the position:**
 * **13.3.7.1 Experience and recent training of the staff member compared to other candidates for the position to be filled.**
 * **13.3.7.2 Professional qualifications of the staff member, compared to those of other candidates, which are in particular demand for the position (i.e., communication, working relationships; work ethic; supportive of extracurricular activity, etc.).**
 * **13.3.7.3 If the above factors are for all intents equal between two or more candidates for a position, the person with the longest unbroken period of employment in the District shall be given preferential consideration in filling the vacancy.**
 * **13.3.8 No position shall be filled until after the closing date for application specified on the notice vacancy.**


 * 13.4 __Involuntary Transfers:__**
 * **13.4.1 The Board may make involuntary transfers in accordance with the educational goals, staffing requirements of the District, and to be NCLB compliant. Transfers shall not be used as a disciplinary measure or for the purpose of harassment.**


 * **13.4.2 No vacancy shall be filled by an involuntary transfer if there is an acceptable qualified volunteer available.**


 * **13.4.3 Teachers and the Dinuba Teachers Association shall be given written notification of any administrative request that a teacher be transferred for the coming school year, and, excepting emergency circumstances, such notification shall normally occur by May 15th of each school year. Should the transfer of a teacher become necessary at any time after two (2) weeks prior to the commencement of a new school year due to enrollment changes or other emergency circumstances, and should such a transfer involve a change in school site, grade level assignment and/or subject matter assignment, the affected teacher, upon request, shall be entitled to receive two (2) full days of released time for use in preparing for his/her new assignment. If the assignment change is of a radical nature, the teacher may request and receive an additional day without instructional duties.**


 * **13.4.4 A meeting between the teacher and the Superintendent or his/her designee will be held before a new assignment is made, at which time the teacher will be notified as to the reasons for the proposed transfer.**


 * **13.4.5 When considering the filling of an existing vacancy through an involuntary transfer, the following criteria shall be considered in selecting the individual to fill the position:**
 * **13.4.5.1 Experience and recent training of the staff member in comparison to others available for the position to be filled.**
 * **13.4.5.2 Professional qualifications of the staff member compared to those of other candidates, which are in particular demand for the position (i.e., communication; working relationships; work ethic; supportive of extracurricular activity, etc.).**
 * **13.4.5.3 If the above factors are, for all intents, equal between two or more potential transferees, the teacher with the least district-wide seniority who is properly credentialed shall be selected.**
 * **13.4.6 Teachers who must be involuntarily transferred from their current positions because of declining enrollment or for other similar reasons, shall have the right to indicate their preference for placement from among any vacancies that exist at the time or that become existent during the summer vacation period.**
 * **13.4.6.1 Teachers involuntarily transferred due to declining enrollment shall be credited with a District contribution of five hundred dollars ($500.00), in addition to normal site contributions, for classroom start-up classroom supply and instructional material expenses in the new assignment.**
 * **13.4.6.2 Teachers who are involuntarily transferred due to declining enrollment shall be notified of any vacancies that occur at their home school and have preference in returning provided they meet the qualifications of the vacancy.**
 * **13.4.6.3 The District shall provide assistance in moving teachers' materials and supplies to the new assignment by July 31.**
 * **13.4.7 An involuntary transfer shall not result in the loss of compensation, seniority, or any fringe benefit to a teacher.**


 * **13.4.8 No teacher may be transferred to a position for which he/she does not have the proper credential.**

=__ARTICLE 14: EMPLOYEE BENEFITS__=


 * 14.1 __Benefit Programs__**
 * **14.1.1 The District shall provide a maximum of $6,161.00, payable at $513.00 per month, exclusively towards the premiums of the benefits programs as determined by the Association for all teachers and their eligible dependents as described in 14.1.2. for a benefit year of September 1 through August 31st.**
 * **14.1.2 For the period October 1, 2006 through September 30, 2007, the District shall pay $824.80 per month toward benefit plans as outlined in Addendum G for eligible teachers and their dependents. Should an eligible employee choose a plan with a premium above the District’s contribution, the employee through employee payroll deductions will pay the difference.**


 * 14.2 __Retired Employees__**
 * **14.2.1The District shall provide any teacher hired prior to July 1, 2003, who retires from the District after reaching age fifty-five (55) and after ten (10) consecutive years of District service, one hundred percent (100%) of current annual health and welfare premiums, for continued coverage under active employee benefit programs, through the last day of the month in which the teacher reaches age sixty-five (65).**
 * **14.2.2 The District shall provide any teacher hired on or after July 1, 2003, who retires from the District after reaching age fifty-eight (58) and after fifteen (15) consecutive years of District service, one hundred percent (100%) of the current annual health and welfare premiums, for continued coverage under active employee benefit programs through the last day of the month in which the employee reaches the age of sixty-five (65) years.**
 * **14.2.3 Any teacher hired before July 1, 2003, who is fifty-five (55) years of age or older, but is not qualified for the benefits described in Section 14.2.1 above, or any teacher hired on or after July 1, 2003, who is fifty-eight (58) years of age or older, but is not qualified for the benefits described in Section 14.2.2 above, shall be entitled to continue his/her coverage under regular employees insurance programs by payment of the full premium amounts to the District on a quarterly basis.**
 * **14.2.4 As of the date this agreement is executed by all parties and effective the first full month after a retiree who is currently receiving or will receive District paid health and welfare benefits under Section 14.2.1 or 14.2.2 reaches age sixty-five (65), the District shall provide the retiree with reimbursement toward the cost of either Medigap insurance premiums, insurance premiums for continued coverage under active employee benefit programs, or insurance premiums as selected by the retiree, in an amount not to exceed $250.00 per month or $3,000.00 per year, through the last day of the month in which the retiree turns seventy (70) years of age.**
 * **14.2.5 Any teacher who was eligible for the benefits under Section 14.2.1, but who chose not to retire and is now sixty-five (65) years of age or older, may elect to retire any time on or before June 30, 2004, and will receive reimbursement toward the cost of either Medigap insurance premiums, insurance premiums for continued coverage under active employee benefit programs, or insurance premiums as selected by the retiree, in an amount not to exceed $250.00 per month or $3,000.00 per year, for a maximum period of five (5) years.**
 * **14.2.6 In addition to the requirements set forth above, the District’s obligation to provide reimbursement toward the cost of either Medigap insurance premiums, insurance premiums for continued coverage under active employee benefit programs, or insurance premiums as selected by the retiree, is expressly contingent upon, and does not arise until, the eligible retiree provides receipts to the District bearing the retiree’s name and evidencing payment for such insurance premiums. Receipts must be provided to the District within 12 months of being paid to be reimbursed.**


 * 14.3 __Survivor Benefits__**
 * **14.3.1 The surviving spouse of a deceased employee and any eligible dependents (as determined by the group policy) of such spouse may, at his/her election, remain enrolled in the Insurance programs set forth in 14.1 above. In such case, the District shall provide the full amount contributed on behalf of regular employees for said enrollment for up to one (1) full year following the death of the employee.**
 * **14.3.2 This benefit is restricted only to spouses and dependents, if any, of persons who die while an employee of the District or while on an approved leave from such employment.**
 * **14.3.3 The survivor's share of the premium payments for such continued coverage shall be paid to the District in advance on a monthly basis unless other arrangements are mutually agreed upon by the survivor and the District.**


 * 14.4 __Additional Eligibility Provisions__**
 * **14.4.1 Should the employment of a teacher who has been employed for seventy-five percent (75%) of the year terminate following the last day of the school year and before the commencement of the ensuing school year, such employee shall be entitled to continued paid coverage under employee benefits listed in this article until September 30 of the ensuing school year.**
 * **14.4.2 In the event that a terminating employee does not meet the seventy-five Percent (75%) requirement specified in 14.4.1 above or should an employee's employment be terminated during the school year, he/she shall be entitled to paid coverage under the above provisions until no later than the end of the payroll period following the date of termination. If agreed to by the insurance carrier, said individual shall thereafter be entitled to continue the coverage under the insurance benefits enumerated in this article for a period not to exceed six (6) months by paying to the District the full premium for the continued coverage (in advance) on a month-to-month basis.**
 * **14.4.3 Part-time certificated employees who are on contract with the District shall be entitled to a prorated contribution toward any or all of the insurance coverages described in Paragraph 14.1 above. Said proration shall be determined by applying the percentage of the employee's contract to the contribution made on behalf of full-time employees.**
 * **14.4.3.1 The District will provide the full cost of dental and vision insurance for part-time employees, and their eligible dependents, who have not elected to enroll in the total insurance package. One hundred percent (100%) participation of the part-time employees is required for this provision.**
 * **14.4.4 Teachers on Board approved unpaid leaves of absence may continue, on a month-to-month basis, the insurance coverages described in Paragraph 14.1 above, provided that they pay to the District in advance of the established due date the full monthly premium for said coverages.**


 * 14.5 __Miscellaneous__**


 * **14.5.1 The Board shall reimburse teachers for any loss, damage or destruction of clothing or personal property which is, of necessity, worn, used or otherwise maintained at the work site while the employee is in the performance of services for the District if such loss, damage or destruction is sustained through causes other than normal wear and/or than the negligence of the employee. The District may, at its option, replace or repair the lost, damaged or destroyed property provided that the repaired or replaced property is equal in condition/quality to the original.**
 * **14.5.1.1 The total liability of the District under this provision shall not exceed $1,500 annually.**
 * **14.5.1.2 Claims made by employees under this provision during the school year shall be paid by the District at the end of the fiscal year.**
 * **14.5.1.3 Should the total of valid claims made under this provision exceed the $1,500 limit, the District shall prorate payments in accordance to the amount of the various claims made.**
 * **14.5.1.4 Employees shall have available to them at each worksite a Personal Property Registration Form as seen in Addendum D. Said forms shall be filled out and filed with the building site administrators when property, other than that worn, is brought into the worksite and used in the performance of services for the District.**
 * **14.5.2 All immunizations mandated by the District shall be provided for by the District.**
 * **14.5.3 All medical examinations mandated by the District shall be paid for by the District.**
 * **14.5.4 Liability insurance shall be carried on all certificated employees.**
 * **14.5.5 The District shall reimburse teachers who must use their personal vehicles in the performance of services for the District at the District-established rate.**
 * **14.5.6 The District agrees to provide a term life insurance policy for each eligible employee, in the amount of $50,000.00.**

=__ARTICLE 15: SALARIES__=


 * 15.1 __Classification Requirements__

Class A - Non-Credentialed Staff

Class I - Bachelors Degree plus 30 semester units

Class II - Bachelors Degree plus 45 semester units

Class III - Bachelors Degree plus 60 semester units

Class IV - Bachelors Degree plus 75 semester units**


 * **15.1.1 Employee work year shall be 182 days (180 teaching and 2 orientation)**


 * 15.2 __Classification by Professional Preparation__

Teachers shall be placed on the appropriate class of the salary schedule. Such placement shall, except as set forth in 15.4 below, be in accordance with the degrees and advanced preparation they have completed.

15.3 A teacher entering Dinuba Unified School District with previous teaching experience will be given full credit for up to ten (10) years of earned experience. Experience credit will be on a year for year equivalent basis. Teaching experience, for salary schedule placement purposes, shall include only experience in positions requiring certificated credentials and teaching experience (at least 75% of the time) in the military, Peace Corps, or corrections requiring certification qualifications.**


 * **15.3.1 A teacher employed on or after the beginning of the second semester will be paid his/her salary at his/her initial step during the remainder of the year.**


 * **15.3.2 A certificated person who serves as a long term substitute teacher in the Dinuba Unified School District for a total of more than one-half a school year shall be given credit for one step on the salary schedule. A long term substitute is a regularly certificated employee who fills the position of a regularly employed teacher for any period in excess of 20 consecutive teaching days.**


 * **15.3.3 The District and Association agree, not withstanding Article 15.3 of this Collective Bargaining Agreement which allows credit for previous teaching experience up to ten (10) years, effective August 31, 1999, that a teacher hired by Dinuba Unified School District (formerly Dinuba High School and Dinuba Elementary Districts) for full-time employment on or after July 1, 1996, who has previous teaching experience with Dinuba Unified School District, will be given full credit for all the years of prior experience earned at Dinuba Unified School District. Applicants for teacher vacancies who have prior teaching experience at Dinuba Unified School District will be considered for employment pursuant to Board Policies and District Procedures, and will not be treated preferentially in the hiring process.**


 * **15.3.3.1 The District and Association agree that to be eligible to receive any credit for experience obtained at another district, the teacher must have less than ten (10) years of prior teaching experience with Dinuba Unified School District, and in such instances, the employee may receive no more than ten (10) years total service credit.**


 * **15.3.3.2 This article is applicable only to teachers who previously worked for Dinuba Unified School District and return to full-time employment with the District after July 1, 1996. (See Addendum F, Side Letter).**


 * **15.4 Any teacher who does not possess a preliminary teaching credential, but is hired to teach under other levels of approved certification (i.e., emergency permit, intern permit, waiver), will be placed in cell "Class A" ($35,128). This cell will be adjusted when the salary schedule is adjusted but will not exceed the squaring effect of 3% less than Class I, Step I.**
 * **15.4.1 Any unit member whose salary placement is determined in this fashion __shall be frozen__ in the placement determined through 15.4 above until such time as he/she has completed the additional units that would otherwise be necessary for placement on Class I.**
 * **15.4.2 At such time as the unit member earns the units normally necessary for placement under Class I (or higher) of the salary schedule, he/she shall be given credit for all years of experience accrued for placement on the basic salary schedule.**

Except as otherwise set forth above, advancement on the salary schedule shall be at the rate of one step for each year of teaching experience including advancement in placement on anniversary increments. If a teacher is employed for at least one semester of a school year, he/she shall be given credit for that year's experience for salary schedule advancement purposes.**
 * 15.5 __Salary Class Requirements__


 * **15.5.1 In order to advance from one class to another, or if frozen in Class I, a 15-unit block form must be completed and approved by the DTA Professional Relations Committee and the District. A transcript or an official document containing college units must be filed with the Superintendent on or before September 5 of any school year to be considered to determine a salary schedule placement. Documents other than the transcript must be replaced by transcript by March 15 of that school year.**
 * **15.5.2 In advancing to a higher classification, a teacher shall be given full credit for each step previously earned, plus the increment due at that step.**
 * **15.5.3 In advancing from one class to another class, if a teacher has been held for two years or longer at the end of that class, and earns enough units to move to the next higher class, the teacher will advance to that class and to the step to which his/her accumulated years of experience would normally entitle him/her.**
 * **15.5.4 Only college units earned or granted by an accredited four year college or university after the Bachelors Degree has been awarded (or units allowed as post-baccalaureate) will be considered in advancing to a higher classification.**
 * **15.5.5 Registration and/or instructional fees paid by the District for classes/workshops/conferences shall not preclude those units, paid for by the teacher, from being submitted for salary advancement.**


 * 15.6 Preparation time is intended and designated as teacher work time. The District may request that a teacher voluntarily teach an additional class during their preparation time. In these cases, a teacher in grades K-8 shall be compensated at one-seventh (1/7) of their daily rate. In grades 9-12 at Dinuba High School, the teacher shall be compensated at one-eighth (1/8) of their daily rate per term based on a four (4) period block schedule.

15.7 Teachers who occasionally substitute during their preparation time may opt for payment at the Adult School Hourly Rate or accrue compensatory time subject to the following guidelines:**
 * **15.7.1 Accrued compensatory time shall be requested and taken in full-day increments.**
 * **15.7.2 The compensatory day shall be taken by the teacher once two (2) full days are accumulated, prior to any further accumulation.**
 * **15.7.3 Any balances of compensatory time shall be paid at the end of the school year.**
 * **15.7.4 In grades K-8, compensatory time shall be earned at the rate of one (1) hour per period (30 minutes minimum) covered. In grades 9-12 at Dinuba High School, compensatory time shall be earned at the rate of one and one-half hours per period (45 minutes minimum) covered.**


 * 15.8 The salary schedule in effect June 30, 2006 shall be increased by 4.50% effective September 1, 2006.**

=__ARTICLE 16: PAYMENT FOR EXTRA-CURRICULAR ACTIVITIES__=


 * 16.1 "Extra-curricular duties" means those duties that involve instruction of students as enumerated in __Addenda__ __B__ and __C__.

16.2 Extra-curricular duties shall be voluntary and at the rates specified in __Addenda__ __B__ and __C__.

16.3 Bargaining unit members who agree to perform any of the "Extra-curricular duties" specified in __Addenda__ __B__ and __C__, shall be annually provided with a supplementary contract which shall set forth all appropriate conditions under which such unit members shall provide each service and receive reimbursement.

16.4 A bargaining unit member shall not, under normal circumstances, be offered more than three (3) Extra-curricular Duty contracts. Exceptions will be permitted when the District is not otherwise able to secure qualified personnel to assume responsibility for a particular extra-curricular duty.

16.5 The base amount shall be Class IV, Step 18 of the salary schedule. With the exception of hourly rates, all dollar amounts shall be rounded to the nearest $5.00.

16.6 High School Department Heads shall be paid at a rate of $20.00 per class section per year. The number of sections will be determined by October 1 of each school year.

16.7 The parties agree that the positions listed in Addenda B and C may be added to based on student numbers or Board approval.

16.8 __Elementary Program Advisor__**


 * **16.8.1 Each year the Dinuba Unified School District Board of Trustees shall determine an amount of money based on school site A.D.A. to be set aside for use in funding the Elementary (K-6) Program Advisor Position.**
 * **16.8.2 A teacher and/or teachers shall submit a written proposal to the School Principal at least thirty (30) days before the last day of school or thirty (30) days before the last day of the first semester. (See Addendum E for application form.)**
 * **16.8.3 Any proposal must be based on time outside the student instructional day and must involve students.**
 * **16.8.4 A committee comprised of a minimum of one (1) primary teacher, one (1) intermediate teacher, and the Site Principal shall recommend which proposals they would like funded for the next school year/semester at their individual school sites. Teachers who have submitted proposals may not serve on this committee.**
 * **16.8.5 The rate of compensation shall be based on the Adult Hourly Rate. Proposals shall be rated and recommended with a total dollar amount per project. This total dollar amount may or may not reflect the Adult Hourly Rate of Pay.**
 * **16.8.6 Recommended proposals shall be presented to the Dinuba Unified School District Board of Trustees for action.**


 * 16.9 “Site Technology Specialists” will be paid at the Adult School Hourly rate for up to fourteen (14) hours per month.**

=__ARTICLE 17: NEGOTIATIONS PROCEDURE__=


 * 17.1 Not later than the School Board's first regularly scheduled meeting in March of the year in which this Agreement expires, the Association and the Districts shall exchange their initial proposals for bargaining. Any Agreement reached between the parties shall be reduced to writing and signed by them.

17.2 Proposed school calendars shall be presented to the Association by January 15 of each year. The calendar proposals must include five (5) minimum student days during the week following the end of the first quarter. These days are designated for mandatory parent conferences with all students in grades 1 through 6. Negotiations on the proposed calendar would commence on or before February 15, with a resolution by March 15. This time frame allows input into the school calendar and allows the Board to adopt the succeeding year calendar at a Board meeting in March of each year.

17.3 Negotiations shall take place at mutually agreeable times and places once the public notice provisions of the "Act" have been met.

17.4 The exclusive representative shall designate a reasonable number of representatives who shall each be entitled to a reasonable amount of release time without loss of compensation to attend negotiations and impasse proceedings.

17.5 The Board will make available or provide access to non-confidential public information that would be of value to the Association in its role as exclusive bargaining representative.

17.6 Not later than November 1st, the Board shall furnish the Association with the placement of all bargaining unit members on the salary schedules as of October 1st.**

=__ARTICLE 18: PEER ASSISTANCE AND REVIEW__=

**18.1 Program Components**

 * There shall be a Peer Assistance and Review (PAR) Program, hereafter referred to as "Program", for all teachers. The PAR Program provides a mechanism whereby exemplary teachers assist other teachers in the areas of subject matter knowledge, teaching methodology, classroom organization and management, and teaching strategies. The Program shall have three components:**


 * **18.1.1 __Permanent Teacher Peer Assistance Program__: This Component shall provide peer assistance to permanent teachers who receive an "unsatisfactory" evaluation in the Board adopted Required Elements of evaluation.**


 * **18.1.1.1 Teachers receiving an "unsatisfactory" evaluation in any one or more of the following areas of the Required Elements of Evaluation 1,3,4, or 5 as defined in Section 18.1 above, will be referred to the PAR Program by the Principal or designated evaluator for assistance under this Program.**


 * **18.1.2 __Voluntary Teacher Peer Assistance Program__: This component shall provide assistance to teachers who volunteer for the Program.**


 * **18.1.2.1 Teachers desiring assistance in improving their teaching practice may apply to the Program for such assistance on a confidential basis. The PAR Panel shall have the authority to accept or reject such referrals.**
 * **18.1.2.2 If a teacher is accepted into the PAR Program as a volunteer, documentation will not be placed into the personnel file only so long as participation continues on a volunteer basis (Pursuant to Section 18.7.4 herein).**


 * **18.1.3 __Beginning Teacher Support Program__: This component shall provide peer assistance to teachers participating in Pre-Intern, Intern, and Beginning Teacher and Support (BTSA) programs, as well as first and second year teachers. Support providers shall normally be assigned on a preferred ratio of 1:1. Participation in the Program shall not create nor expand any rights to retention or permanency as set forth in Educational Code Section 44929.21 pertaining to probationary employees.**

**18.2 Peer Assistance and Review Panel**

 * **18.2.1 The Program shall be governed by the PAR Panel composed of seven (7) members, a majority of whom shall be certificated teachers chosen by the Association. The remaining members of the Panel shall be certificated administrators selected to serve on the Panel by the Superintendent. A quorum for Panel meetings shall be two-thirds (2/3) of the membership. Decisions shall be made by consensus.**
 * **18.2.2 Panel members shall be selected by May of each year and serve staggered terms of two (2) years.**
 * **18.2.3 Qualifications for the teacher members of the Panel shall be no less than the qualifications for a consulting teacher.**
 * **18.2.4 If a member of the Panel leaves the Panel prior to the completion of his or her term, the vacant position shall be filled for the remainder of the term in the same manner by which the departed member was originally chosen or designated.**
 * **18.2.5 The PAR Panel shall be responsible for:**


 * **18.2.5.1 Establishing its own rules of operations;**
 * **18.2.5.2 Selecting its own chairperson;**
 * **18.2.5.3 Providing annual training for PAR Panel members;**
 * **18.2.5.4 Establishing a procedure for application and selection of consulting teachers and support providers;**
 * **18.2.5.5 Selecting consulting teachers and support providers;**
 * **18.2.5.6 Arranging appropriate training for consulting teachers;**
 * **18.2.5.7 Receiving referrals for permanent teacher peer assistance from principals or designated evaluators;**
 * **18.2.5.8 Accepting or rejecting voluntary requests for assistance from individual teachers;**
 * **18.2.5.9 Any decisions about eligibility for the Program;**
 * **18.2.5.10 Meeting at least two (2) times annually to review the work of the consulting teachers with their caseloads. Generally, the Panel shall meet within the Panel member's workday; however, work outside the contractual workday shall be compensated in the following manner: Extra Duty Hourly Rate of Pay;**
 * **18.2.5.11 Reviewing peer review reports prepared by consulting teachers;**
 * **18.2.5.12 Monitoring the progress of permanent teacher peer assistance, including making reports to the Board of Education regarding PAR Program participants, and informing the Board of the names of PAR participants. All reports pursuant to this provision shall be made to the Board at an appropriate contractual or legally required time during the school year in which the PAR program was utilized to assist a teacher;**
 * **18.2.5.13 Recommending a budget for the Program, subject to Board approval; and**
 * **18.2.5.14 Annually evaluating the impact of the Program in order to improve its effectiveness. The Program evaluation shall be presented to the Board of Education at a regular meeting no later than June of each school year.**


 * **18.2.6 A panel member shall neither participate in discussion nor vote on any matter in which he or she has a personal conflict of interest.**

**18.3 Consulting Teachers/Support Providers**

 * **18.3.1 The number of consulting teachers shall be determined by the number of eligible participants in the PAR Program and funding available from the state for the Program.**


 * **18.3.2 Consulting teachers shall have staggered terms. Approximately half of the consulting teachers shall have two-year terms and the remainder three-year terms. Consulting teachers have the option of renewing their terms.**
 * **18.3.2.1 All such terms are subject to annual evaluation by the Panel. The documentation of such evaluation shall not be made a part of the consulting teacher's personnel file, except upon the written request of the individual consulting teacher.**


 * **18.3.3 Consulting teachers must be selected by the PAR Panel to provide assistance for teachers in the areas of subject matter knowledge, teaching methodology, classroom organization and management, and teaching strategies.**


 * **18.3.4 In order to be selected as a consulting teacher/support provider, a teacher must possess the following requisite minimum qualifications:**


 * **18.3.4.1 A credentialed teacher with permanent status;**


 * **18.3.4.2 Five (5) years of recent classroom instruction;**


 * **18.3.4.3 Demonstrated exemplary teaching ability as provided by Education Code Section 44500 and reflected in the applicant's performance evaluations;**


 * **18.3.4.4 Effective leadership skills.**


 * **18.3.5 Consulting Teachers/Support Providers shall be selected in the following manner:**


 * **18.3.5.1 Candidates must file an application with the Panel**


 * **18.3.5.2 The Panel may establish additional procedures for selecting candidates;**


 * **18.3.5.3 Selection of candidates shall be by consensus of the Panel.**


 * **18.3.6 Consulting teachers shall have responsibility for no more than two (2) teachers at any one time.**


 * **18.3.7 A teacher participating in the PAR Program voluntarily may select his or her consulting teacher from a list of consulting teacher provided by the PAR Panel. A teacher participating in the PAR program involuntarily shall be assigned his or her consulting teacher from a list of consulting teachers provided by the PAR panel.**


 * **18.3.8 The consulting teacher and participating teacher shall prepare an Individual Assistance Plan which outlines the assistance to be provided as well as timelines.**


 * **18.3.9 Teachers who function as a consulting teacher during their regular workday shall receive their regular salary. Teachers who function as a consulting teacher outside their regular workday shall be compensated in the following manner: Extra Duty Hourly Rate of Pay.**


 * **18.3.10 Teachers who function as a Support Provider shall receive an annual stipend in the amount of $2,200.00 per person in accordance with 18.1.3.**


 * 18.4 Permanent Teacher Peer Assistance Program**
 * **18.4.1 The purpose of this Program is to provide assistance, renew quality teaching and offer remediation to permanent teachers whose performance has been evaluated as "unsatisfactory" as defined in 18.1.1.1 by the Principal or designated evaluator. In addition, it shall be the obligation of the Panel to report the results of this intervention to the Board of Education of the District.**


 * **18.4.2 Assistance provided by the consulting teacher shall focus on the specific areas recommended for improvement by the participating teacher's evaluator based upon the unsatisfactory rating or ratings in the performance evaluation that resulted in the referral to the PAR Program.**


 * **18.4.3 Assistance and remedial efforts and activities shall be intense and multifaceted, and shall be preceded by a conference when the teacher receives the "unsatisfactory" evaluation. The conference shall involve the teacher being referred, the evaluator who evaluated the teacher, and consulting teacher, to begin the development of an Individual Assistance Plan. If the permanent teacher so desires, the Association shall provide representation in this meeting.**


 * **18.4.4 The assistance shall be provided by consulting teachers under this Article and shall be closely monitored by the PAR Panel.**


 * **18.4.5 The course of assistance shall include, but not be limited to, one or more of the following:**


 * **18.4.5.1 Multiple classroom observations by the consulting teacher for the purpose of assistance specific to the areas defined in 18.1.1.1 which have been evaluated to be "unsatisfactory" or other areas deemed in need of assistance by the consulting teacher during the period of assistance;**


 * **18.4.5.2 Opportunities for the teacher receiving assistance to observe exemplary practice, either by the consulting teacher or other exemplary teachers;**


 * **18.4.5.3 District-provided professional development opportunities;**


 * **18.4.5.4 Conference attendance or other staff development, often in the company of the consulting teacher, to facilitate reflection on how this experience fits into the Individual Assistance Plan;**


 * **18.4.5.5 Other forms of assistance which the consulting teacher and the Panel may provide; and**


 * **18.4.5.6 The parties understand that every possible subject matter competency may not be available within the corps of consulting teachers, and therefore, it shall occasionally be necessary to secure additional assistance to fully address identified deficiencies. In such cases, the consulting teacher shall maintain prime responsibility for the Individual Assistance Plan, but may function more like a case carrier who seeks the availability of appropriate resources.**


 * **18.4.6 Communication and consultation between the Consulting Teacher and principal/evaluator shall be ongoing.**


 * **18.4.7 Nothing in this Article precludes the principal/evaluator or District from doing observations nor from notifying the teacher verbally and/or in writing regarding incidents or events related to the teacher's fulfillment of his or her professional obligations.**


 * **18.4.8 Written peer review reports will be submitted to the Panel by the consulting teacher in time for regularly scheduled panel meetings during the PAR period of planned assistance. The consulting teacher will share all written and verbal evaluation reports during a conference with the teacher, prior to submission to the Panel. A copy of the written reports will be provided to the principal/ evaluator.**


 * **18.4.9 The consulting teacher shall submit an oral and written final report regarding the teacher's participation in PAR to the Panel at the conclusion of the period of assistance. This report shall describe the measures of assistance provided to the teacher and describe the results of the assistance in the area or areas recommended for improvement. The final report shall become a part of the permanent teacher's personnel file. The teacher shall have the opportunity to attach his or her comments.**


 * **18.4.9.1 The teacher and principal/evaluator may be present for the consulting teacher's presentation and will be given an opportunity to respond to the report.**


 * **18.4.10 The panel shall deliberate and report to the Board whether:**
 * **18.4.10.1 The teacher is now performing satisfactorily in the areas evaluated, or**
 * **18.4.10.2 The Panel and consulting teacher do not consider that further assistance and remediation will be successful with reasons in support of this conclusion.**
 * **18.4.10.3 Notwithstanding the above, and while the term of the Individual Assistance Panel may vary, if the Panel believes progress is being made, the IAP may be modified and/or extended for not more than one (1) additional evaluative cycle.**


 * **18.4.11 The deliberations of the Panel shall be closed and confidential. Panel decisions shall be based on the information provided by the consulting teacher, the principal/evaluator, in conference with the Superintendent or designee.**
 * **18.4.11.1 The decision of the Panel shall be reported to the teacher, the Association representative, if requested by the teacher, the consulting teacher, and the principal/ evaluator, in conference with the Superintendent or designee.**
 * **18.4.11.2 The Panel shall report their findings to the Board of Education in closed session.**

**18.5 Permanent Teacher Due Process**

 * **18.5.1 The permanent teacher shall be entitled to review all reports generated by the consulting teacher prior to their submission to the Panel and to affix thereto his or her comments. To effectuate these rights, the consulting teacher shall provide the permanent teacher being reviewed with copies of such reports at least five (5) working days prior to any such meeting.**
 * **18.5.2 The permanent teacher shall have a right to be represented by the Association in any meetings of the Panel to which the permanent teacher's attendance is requested, and shall be given a reasonable opportunity to present his or her view concerning any report being made.**
 * **18.5.3 The permanent teacher shall have the right to timely progress reports from his or her consulting teacher.**
 * **18.5.4 The permanent teacher shall have the right to present reasons why a specific consulting teacher should be replaced and another consulting teacher substituted, and to have those reasons considered.**
 * **18.5.5 A permanent teacher shall not have access to the grievance process to challenge the content of reports, or decisions by the Panel, but may file responses within five (5) working days which shall become part of the official record of the intervention. The permanent teacher shall not lose access to the grievance process outside this Article of the contract.**
 * **18.5.6 This Program in no manner diminishes the legal rights of bargaining unit members as provided in the Education Code with regards to dismissal.**

**18.6 Voluntary Permanent Teacher Peer Assistance Program**

 * **18.6.1 A permanent teacher may volunteer for the peer assistance program. Voluntary participation does not exempt a permanent teacher from being assigned into the program under Section 18.1.1. The PAR Panel will determine whether the teacher may participate in the Program. All participants referred to the PAR Program based on an unsatisfactory evaluation will be served prior to accepting any voluntary participants.**
 * **18.6.2 The consulting teacher and teacher will meet to determine the volunteer teacher's needs and jointly develop an Individual Assistance Plan. This Plan will draw from the course of assistance that is available through the PAR Program enumerated in 18.4.5 and include timelines.**
 * **18.6.3 Consulting teachers will provide oral and written feedback documentation to the volunteer teacher. Communication between a voluntary participant and his or her consulting teacher concerning participation in the Program shall remain confidential from the principal/ evaluator and PAR Panel.**
 * **18.6.4 Documentation will not be placed in personnel file only so long as participation continues to be on a voluntary basis.**
 * **18.6.5 The volunteer teacher may terminate his or her participation in the Program at any time.**

**18.7 Miscellaneous Provisions**

 * **18.7.1 Expenditures for the Program shall not exceed revenues received from the state for the PAR Program.**
 * **18.7.2 Funds shall be set aside to allow for release days and/or conferences as developmental tools for all program participants.**
 * **18.7.3 It is the intent of the District and the Association that this Article remain in effect for as long as specific state funding for the California Peer Assistance and Review Program for Teachers is received by the District. If state funding for the PAR Program is eliminated, this Article shall expire and have no force and effect without the need for further action by either the District or the Association. The District shall notify the Association in writing that the PAR Program has been eliminated.**
 * **18.7.4 The District and Association agree that this Article shall be reopened if either the Education Code Section 44500 et. seq. or the State's implementation guidelines or regulations are modified in any manner that adversely impacts a term of the Article. The parties further agree that this Article may be reopened at any time by mutual agreement.**

**18.8 Governing Board Review of Recommendations by Panel**

 * Nothing herein shall preclude the Board from examining information which it is entitled by law to review in connection with the evaluation of and/or decision to retain in employment permanent, probationary or temporary certificated employees.**

**18.9 Retention of Education Code Rights**

 * Nothing herein shall modify or in any manner affect the rights of the Governing Board/District or teacher under provisions of the Education Code relating to employment, classification, retention or non-reelection of certificated staff.**
 * **18.9.1 Nothing herein shall modify or affect the District's right to issue notices of unsatisfactory performance and/or unprofessional conduct pursuant to Education Code Section 44938.**

**18.10 Hold Harmless**

 * The District agrees to indemnify and provide a defense for any member of the PAR Panel and the consulting teachers for any liability arising out of their participation in this Program as provided by Education Code Section 44503(c). All legal costs for the above will be borne by the District.**

**18.11 Confidentiality**

 * All proceedings and materials related to the administration of this Program shall be strictly confidential. Therefore, Panel members and consulting teachers may disclose such information only as necessary to administer the Program.**

**18.12 Records**

 * Documents and writings relating to an employee's participation in the PAR Program are regarded as personnel matters and shall be subject to the personnel record exemption of the Public Records Act (Government Code Section 6250 et. seq.).**

**18.13 Non-Management/Supervisory Status**

 * Functions performed by teacher Panel members and/or consulting teachers pursuant to the Program shall not constitute either management or supervisory functions as defined by subdivisions (g) and (m) of Section 3540.1 of the Government Code.**

**18.14 Association Representation**

 * A participating teacher has the right to be represented by the Association throughout any procedures involving the Administration.**

=__ARTICLE 19: JOB SHARE__=


 * 19.1 __Job Share__ One full-time teaching assignment may be shared by two (2) permanent teachers in a shared arrangement (job share) with approval from the administration and the Superintendent. The details of the job share will be outlined in written format and signed by the teachers, site administrator, and the Superintendent.

19.2 Job share contracts issued after May 10, 1999, will be issued at fifty percent (50%) (1/2 time), with salary schedule advancement, salary related benefits, and other benefits pro-rated accordingly. Job share assignments will be reviewed and must be reapproved by March 1st of each year for the subsequent year. Should a job share dissolve for any reason after this approval, the continuation of the job share shall be at the discretion of the administration and the Superintendent.

19.3 Each job share member must meet all the credential and job description requirements for the position, and must have an overall rating of “meets district standard” on their most recent evaluation of instructional performance.

19.4 The teaching calendar and other arrangements will be approved by the site administrator, insuring that each teacher works 50% of the teacher work year. The job share request must include an attached proposed work schedule acceptable to the site administrator and the District. Options for such schedule include, but are not necessarily limited to: 1) M-T, W-Th, alternative Fridays; 2) M-W, T-Th, alternative Fridays; 3) every other day; 4) every other week; 5) every other quarter; 6) every other semester.

19.5 Class instruction will be team planned with approval at the site level, insuring that the students are taught the grade level standards and adopted curriculum.

19.6 In order to be approved, the request must first receive a positive recommendation from the site administrator. The request for job share must also be approved by the Superintendent or his/her designee. The decision to approve or disapprove a request is solely within the discretion of the District and is not subject to the grievance/arbitration clause of this Agreement. If a job share proposal is denied, the teachers, upon request, may receive a written statement of the educational reasons for denying the request.

19.7 Job share teachers will, whenever possible, substitute for each other in the event of illness or other absence to help insure continuity of the program, except in the cases of unplanned, consecutive absences in excess of ten (10) scheduled workdays. In such cases the site administrator shall make appropriate arrangements.

19.8 Each job share team member shall attend all required meetings as well as fulfill all professional responsibilities normally assigned to full-time employees. Unless excused from the responsibility by the District, each team member is required to attend Open House, Back-to-School Night, District orientation days, parent conference week, and staff meetings or conferences as mutually agreed by the teachers and the principal.

19.9 Teachers entering and exiting job share arrangements have the option of applying for full-time teaching positions in accordance with Article 13: Transfers.

19.10 In terms of seniority of the job share team, add the years taught in the District by both teachers in the job-share position and divide by two (2).**

=__ARTICLE 20: COMMITTEES FOR PROBLEM RESOLUTION__**=

20.1The major purpose of the Committees - The District shall offer to discuss with teachers on matters related to:
 * A. Educational Objectives.
 * B. Determination of the Content of Courses and Curriculum or Selection of Textbooks.
 * C. Administration of School Discipline.
 * D. School Safety Concerns.
 * E. Teacher Professional Rights and Concerns.
 * F. Committees are NOT intended for Information Dissemination.

20.2 Composition and Process of Committees:

Site Committee for Problem Resolution (SCPR)
 * A. One committee per school site composed of one teacher per fifteen site teachers or portion thereof with not less than two teachers per site plus one school site DTA building representative and Principal or Designee.
 * B. Agenda items brought forth by any committee member to discuss/resolve from total staff, small group, or individual concerns as noted in 20.1 above.
 * C. The committee will be available to consider suggestions and innovative ideas to improve site operations.
 * D. Record of action taken.
 * E. Meetings may be held a minimum of once a month, if needed, after school (without pay lasting no more than one hour after normal teacher contract time).
 * F. Selection of Teachers for the committee to be held before June 1 of each year with each site in charge of school’s election

District wide Committee for Problem Resolution (DCPR)
 * A. Committee comprised of the Superintendent or designee, One Assistant Superintendent, One Elementary Principal, One Secondary Principal, the DTA President, a Primary Teacher, an Intermediate Grade Elementary Level Teacher, an Intermediate School Teacher, and an High School Teacher.
 * B. Agenda items brought forth by any committee member to discuss/resolve will be concerns not resolved in SCPR and will include what attempts have been made to resolve the concern in SCPR.
 * C. Committee will consider suggestions and innovative ideas to improve site operations.
 * D. A record of any action taken will be made.
 * E. Meetings are to be held a minimum of once a month, if needed, after school (without pay and to last no more than one hour after the regular school day).
 * F. Teacher representatives shall be selected by a District wide election to be completed before June 1st of each year.

Grievance: A. Failure to resolve a resolution to any contractual issue that has gone through DCPR may result in a grievance being filed.