ARTICLE 5: NEGOTIATION PROCEDURES
A. At the regular meeting of the Board in February of the calendar year in which this Agreement expires, the Association and District shall submit their initial proposals for a successor Agreement to the Board, unless an alternative schedule is agreed upon by the Association and District. In addition, on a date mutually agreed to by the parties each year, which date shall be within ten days of the above-referenced Board meeting or the last day for submission of material for the Board meeting, the District and Association agree to provide each other with a copy of their respective initial proposals being submitted to the Board. The parties shall attempt to mutually agree on a manner to exchange the initial proposals on the above- referenced date and, if no agreement is reached, the parties agree that the exchange shall be accomplished by sending the proposals via e-mail to the Superintendent’s Administrative Assistant. The Administrative Assistant shall – after receiving both side’s initial proposals, but not before – email the initial proposals to the respective parties. At the regular Board meeting in the month following submission of the initial proposals, the Board will hold a hearing pursuant to Government Code section 3547.
B. The parties shall meet and negotiate in good faith as soon as possible on negotiable items for a successor Agreement after the completion of the public notice process described in the preceding Section.
1. Negotiating sessions will be held at times and places as mutually agreed upon by the parties.
2. The Association shall be allowed reasonable released time for up to six (6) of its members for the purpose of meeting and negotiating, at agreed upon meetings, with District representatives on all matters within the scope of representation pursuant to Government Code section 3543.2. Whenever representatives of the Association are mutually scheduled by the parties to participate during working hours in negotiation sessions, they shall suffer no loss in compensation for such times spent meeting and negotiating with the District representatives.
3. Both parties shall furnish each other, upon reasonable written request, a copy of documents pertinent to the issues under negotiation, which documents are not otherwise privileged by law.
4. Unless the parties agree to the contrary, when tentative agreement has been reached on an item, it shall be reduced to writing and initialed by the parties prior to adjournment of the session.
5. When final agreement has been reached on all items, the parties shall have the total
agreement ratified by the Employer and the Association.
6. The parties agree that they will make reasonable efforts to prepare and approve the Agreement within sixty (60) days of ratification of the Agreement by both parties. Within thirty (30) days of approval and final sign off on the Agreement by both parties, the District shall make available on the District website the Agreement.
ARTICLE 6: BOARD RIGHTS
The Board on its own behalf and on behalf of the electors of the District, hereby retains and reserves to itself without limitations, except as provided by this Agreement, all powers, rights, authority, duties, and responsibilities conferred upon and vested in it by laws and Constitutions of the United States and the State of California, including but without limiting the generality of the foregoing, the rights:
1. To determine and administer policy.
2. Subject to the provisions of the law and this Agreement, to hire all employees, to determine their qualifications and the conditions for their continued employment, or their dismissal, demotion, or promotion.
3. To delegate to the Superintendent and other legally-appointed officers, the operation of the schools, the executive management and administrative control of the school system, its properties and facilities, including but not limited to, innovative and experimental exploration in the field of education, and experimental and pilot investigation of new educational programs.
4. The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the Board, the adoption of policies, rules and regulations, and practice in furtherance thereof, and of the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement.
5. It is understood and agreed that wherever the Board exercises its discretion or is given authority to exercise its discretion in this Agreement, such discretion shall be limited only by the terms of this Agreement.
ARTICLE 7: ASSOCIATION RIGHTS
1. Right to Represent: The exclusive representative shall have the right to represent members of the unit in employment relations with the district.
2. Right to Associate: The Board and Association recognize the right of employees to form, join and participate in the activities of an employee organization and the equal alternative right of employees to refuse to form, join or participate in employee organization activities.
3. Rights of Access, Communication and Use of Facilities: The Association shall have the right of access at reasonable times to areas in which employees work, the right to use bulletin boards, mailboxes and other means of communication, subject to reasonable regulations, and the right to use district facilities at reasonable times for the purposes of meetings concerned with the rights guaranteed in the Act, provided that there is no conflict with a district-scheduled activity.
a. Access: Persons not members of the school staff who wish to come on the school site for Association matters during the school day shall first notify the principal’s office. Such visits shall be scheduled so as to not cause interruption to the school program.
b. Communication: The Association shall have the right to use unit member mailboxes for communications, consistent with the law, to unit members without interference with such communications by the employer. A copy of general distribution Association material shall be sent to the Superintendent and to the principal at the school where material is distributed at the same time as the general distribution. An Association representative shall be responsible for distribution of said material, and no cost shall be imposed on the district for such communication.
c. Bulletin Boards: The Association shall have the right to post notices of activities and matters of Association concern on bulletin board space designated for Association use. Such bulletin board space shall be provided at each school site in areas frequented by unit members.
d. Use of Facilities: The Association shall have the right to use school facilities during reasonable hours for meetings. “Reasonable hours” means before and after school, evenings, and lunch periods. General meetings shall be subject to approval by the principal after submission of the District form prior to the requested use. Such approval shall be granted unless such meetings conflict with previously scheduled use of such facilities. Such meetings shall not interfere with the service of the employee or the school program.
4. Right to Information
a. Board Agendas and Minutes: The District shall provide to the Association one copy of the Board agenda in advance of each Board meeting. The Association president shall be mailed (one day later than the board) all non-confidential, non-privileged attachments to the Board agenda. Minutes of the previous meeting shall be made available to the Association at the next regularly scheduled Board meeting.
b. Employee Names: The District shall give the Association the names and addresses of all bargaining unit personnel no later than October 1 of each school year and of all bargaining unit personnel employed after September 30 of each school year within thirty (30) days of employment. These lists shall indicate the employee’s assigned worksite. The District shall provide the Association with a preliminary list of unit members and their work sites by September 15.
5. Appointment to Committees
When the District forms committees relating to matters within the scope of representation, the Association shall have the right to appoint the number of unit member representatives requested. If the Association fails to appoint said representatives by the time set for the Committee to begin work, the District may make the necessary appointments
ARTICLE 8: CLASS SIZE
The District and CHSTA have a shared interest in maintaining appropriate class size targets for the benefit of student learning. Both parties acknowledge that the development of a school site's master schedule is a complex process that incorporates a number of factors, including student course request, class size capacity, teacher credentials, etc.
The District and CHSTA are committed to ensuring that both class size targets and overall student contact targets are considered throughout the staffing process and will regularly review data over the course of the school year to analyze the effectiveness of the District's efforts to maintain class size targets. District and CHSTA representatives will meet mid-year and at the end of the school year to review the data on overages in an ongoing effort to improve and fine tune the provisions in this Section.
The provisions in this Section do not apply to Special Education teachers or Speech and Language Pathologists (SLP) as they are covered by the provisions set forth in Article 29.
1. Class Size and Student Contact Targets
a. Total student contact targets shall be 160 by the end of the first 6-week grading period except in the following areas: Physical Education; Performing Arts classes, including but not limited to, Band, Orchestra, Choir, Drama and Dance; Tutorial; Continuation School classes; and Speech Therapists. In P.E., the total student contact targets shall be 210 by the end of the first six-week grading period.
Student Assistants are not included in the calculation for the total student targets. Any class size programs funded by the State or Federal governments are excluded from this calculation. All calculations in this provision will be based on a teacher teaching five sections. If a teacher is not a 1.0 FTE, the calculations shall be on a prorated basis.
If the parcel tax is not renewed, the total student contacts shall be 162 instead of 160.
b. Class Size Target
i. Individual class size targets shall be 32 students, except for those classes that are individual offerings at a school site and those specified in Article 8.1.a, by the end of the first 6-week grading period in all subject areas, unless otherwise specified within this Article.
ii. In P.E., individual class size targets shall be 42 students.
iii. For the Continuation School, the individual class size target will be 20 students.
c. For purposes of Article 8, student contacts will be defined as follows:
i. Student Contact (exclusive of Study Hall/Tutorial/Advisory/Plus Period contact (hereinafter “Tutorial”)) – a teacher’s interaction with a single student which involves recording the student’s attendance for an assigned period; preparing daily lessons appropriate to the course being taught; and providing grade and assessment feedback to students and parents.
ii. Tutorial contacts will not be counted as a part of the “total student contact targets” as described in Article 8.1.a or the “class size targets” as described in 8.1.b.i, nor will they be counted for purposes of additional compensation as described in Article 8.2. In addition, tutorial period as defined is not considered to be a class and is not to be incorporated as part of the evaluation process as defined in Article 12.
For each 6-week grading period after the first grading period, teachers who are teaching classes set forth in Article 8.1.b.i are eligible for overage compensation of $3.00 per day for every student over 32 in any class if they meet the following criteria:
a. They have 144 or more total student contacts; and
b. They have not waived the additional compensation in writing (as set forth in Article 8.3).
For each 6-week grading period after the first grading period, teachers who are teaching classes set forth in Article 8.1.b.ii are eligible for overage compensation of $3.00 per day for every student over 42 in any class if they meet the following criteria:
a. They have 189 or more total student contacts; and
b. They have not waived the additional compensation in writing (as set forth in Article 8.3).
The above total student contact numbers shall be prorated for part-time teachers.
Payment shall be made in February for either or both of the second and third grading periods and in June for exceeding the total student contacts at the beginning of any 6-week grading period in the second semester.
Nothing in this Agreement shall preclude a teacher from agreeing to waive the overage compensation, as long as he/she consults with a CHSTA representative prior to such waiver. Such consultation will be documented on the Waiver Form with the appropriate signatures.
4. Class Size Management
Site Administration will strive to maintain class sizes at or below 32 students, or 42 or fewer students for P.E., both during spring programming and fall balancing. The number of students in any single class shall not create an unsafe teaching or learning environment.
By the beginning of the third week of the Fall Semester the Principal or designee will consult with each Department Chair or designee to review class size data in order to balance classes and correct any problems.
5. Data Analysis
The District agrees to furnish the President of the Association with a written report showing the number of each teacher’s student contacts and class sizes within ten (10) business date of receiving a request from CHSTA.