ARTICLE 9: PART-TIME EMPLOYMENT
A unit member will be considered a “part-time” unit member if he/she teaches one, two, three, or four periods per day (20%, 40%, 60%, or 80%)Part-time teachers will not be paid for preparation time and will be proportionally responsible for the duties at their school site identified in Article 14.A.3. and Article 14.B.
B. Part-Time Status
A unit member who has full-time status may request to reduce his/her work load to part-time status by submitting an application to the Human Resources Department by February 1st for consideration for the following school year. The District will not consider any applicants who apply after February 1st. The school site administration will confer with the unit member and will reasonably attempt to satisfy the unit member’s scheduling and duty requests. The District will provide the unit member with a final written decision either approving or rejecting the reduced workload request by May 15th. The parties understand and agree that the District is not precluded from offering to reverse a denial of a workload reduction request if circumstances change; however, the District shall not reverse the approval of a workload reduction request unless the unit member making the request agrees in writing. If the District decides to approve the request, the employee will sign a letter accepting the part-time assignment. Reduction to part-time status is a permanent reduction in status unless there is subsequent action by the Board.
C. Return to Full-Time Status
If a unit member, who was approved to become part-time under Article 9.B, wishes to change from part-time back to full-time status, he/she shall be allowed to apply to return to full-time status. The District may post for the position internally and externally simultaneously, but the District will give the unit member first consideration prior to outside applicants as long as such consideration does not impact staffing, staffing assignments, or the needs of the District.
D. Board Action
Final action to accept a unit member’s application for part-time employment shall be at the sole discretion of the Board. An applicant may revoke his/her application at any time prior to action being taken by the Board. However, once acted upon by the Board, reduction to part- time status shall not be reversible except by subsequent action of the Board upon an application of employment submitted by the unit member.
E. Part-Time Leave
A unit member who has full-time status may request a leave for a specified term not to exceed one year, with the right to request another year. Such request shall be submitted to the Human Resources Department by February 1st, unless the request is submitted in response to the District learning late in the school year of changes in staffing needs. The request will be subject to the same considerations as one for part-time status, but it ensures the unit member the right to return to full-time status at the end of the leave. Unit members on a part-time leave may not be employed in another K-12 public, charter, or private school while on leave unless approved by the Human Resources Department.
F. Shared Contract
In the event the District returns to a traditional bell/class schedule, i.e. where a student attends all of his/her classes each day of the school week, two unit members who wish to share a teaching assignment for the following school year must submit a written proposal to the Human Resources Department prior to March 1st. In the request, the unit members will describe in detail how they plan to fulfill the responsibilities of their teaching assignment (examples: one semester of teaching for each unit member, “3/2” periods taught first semester and “2/3” periods taught second semester, division of weekly teaching days, teaching alternate units, etc.) Unit members should further describe how they will share the responsibilities of activities, chaperoning, and other duties identified in the Hours provision of this Agreement. The Human Resources Department will inform the applicants of approval or denial of their request, and they will sign a letter accepting a shared assignment. Unit members with 50:50 shared contracts shall advance one step for every two years of shared contract service; others shall advance in accordance with Article 9.G.
1. A unit member classified as part-time on a percentage of a full teaching load shall be
compensated as follows:
a. Salary shall be 20% of the unit member’s full-time rate of pay per period taught.
b. Benefits according to the following schedule:
i. Less than 50% of a full-time teaching assignment = no benefit compensation.
ii. 50% or more of a full-time teaching assignment = right to pro-rata benefits.
H. Salary Schedule Advancement
Part-time unit members who are assigned as a 0.5 FTE or greater unit member and who work at least 75% of the unit member’s work year, will receive a step advancement on the salary schedule every school year. Part-time unit members who are assigned as less than a 0.5 FTE unit member and who work at least 75% of the unit member’s work year each school year, will receive a step advancement on the salary schedule every other school year.
ARTICLE 10: GRIEVANCE PROCEDURE
1. A “grievance” is a claim by the aggrieved that he or she has been adversely affected by a violation, misinterpretation or misapplication of this Agreement.
2. An “aggrieved” may be one or more members of the unit asserting a grievance, or the Association.
3. A “claim” is the written assertion of a grievance.
4. A “party in interest” is any person who might be required to take action or against whom action might be taken in order to resolve the claim.
5. “Working days” means days when the District Office is open.
6. “Immediate supervisor” is the management person having immediate jurisdiction over the aggrieved.
7. A “representative” shall be a person chosen by the Association to represent the aggrieved.
8. “Days” means days during which the employee is required to be in attendance.
The purpose of this procedure is to secure, at the lowest possible administrative level, solutions to grievances. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
C. Informal Level
Within thirty (30) days of the event or within thirty (30) days of when the aggrieved could reasonably be expected to know of the event which gives rise to the grievance, the aggrieved shall meet informally with his/her immediate supervisor. The aggrieved must, in writing, either in advance or during the meeting, specifically identify that the meeting constitutes the Informal Level grievance meeting. The aggrieved may, at his/her option, request that his/her representative be present. Any person(s) named in the grievance shall be notified and shall have the option of meeting with the aggrieved and the aggrieved’s supervisor. The immediate supervisor will attempt to resolve the matter after the Informal Level grievance meeting. If the immediate supervisor is not able to resolve the matter the immediate supervisor shall provide a written response to the grievance no later than ten (10) days after the Informal Level grievance meeting. If the grievant is not satisfied with the outcome of the informal grievance, he/she may appeal the grievance to Step 1 of the Formal Level.
D. Formal Level
1. Step 1 – Immediate Supervisor
If the grievance is not settled at the Informal Level, the aggrieved, within ten (10) days of receipt of the immediate supervisor’s decision, shall submit a formal written grievance to the immediate supervisor requesting a written answer. Within ten (10) days after receipt of the formal written grievance, the immediate supervisor shall respond in writing.
2. Step 2 – Superintendent
If the grievance is not settled in Step 1, the aggrieved, within ten (10) days after receipt of the immediate supervisor’s decision, may submit his/her grievance, in writing, to the Superintendent. The Superintendent or his/her designated representative shall have fifteen (15) days to give a written decision after receipt of the Step 2 grievance.
3. Step 3 – Arbitration
If the grievant is not satisfied with the disposition of the grievance at Step 2 within fifteen (15) days CHSTA may submit the grievance to arbitration. The parties shall request a list of seven (7) arbitrators from the California State Mediation and Conciliation Services within ten (10) days of the Association submitting the grievance to arbitration. A representative of the Association and the District’s representative shall select the arbitrator from the list by eliminating names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The parties shall make every good faith effort to strike names within ten (10) days of receipt of the list unless an extension of time has been agreed to in writing.
If any question arises as to the arbitrability of the grievance, such question will be heard by the arbitrator prior to proceeding to the merits.
The arbitrator shall have no authority to add to, subtract from, or modify the terms of this Agreement, and the arbitrator shall interpret this Agreement in accordance with accepted arbitral standards of contract interpretation.
If any party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the aggrieved.
Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator.
The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The arbitrator will be without power or authority to make a decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies the arbitrator judges to be proper. The award of the arbitrator will be final and binding on the parties and a copy will be submitted to the Superintendent, the aggrieved, and the Association.
All costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of any hearing room will be borne equally by the District and the aggrieved. All other costs will be borne by the party incurring them.
E. General Provisions
1. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered the maximum and every effort should be made to expedite the process. The time specified, however, may be extended by mutual consent in writing.
2. In the event a grievance is filed at such time that it cannot be processed through all levels of the procedure by the last working day of the school year, the time limits set forth herein will be reduced so that the procedure may be completed prior to the end of the school year, or as soon thereafter, as it is practicable.
3. An employee may be represented at all stages of this procedure by himself/herself and/or at the member’s option by legal counsel and/or by representatives of the Association.
4. Forms for filing grievances will be mutually agreed upon by the Superintendent or
designee and the Association annually. These forms shall include:
a. The signature of the aggrieved.
b. A clear, concise statement of the specific circumstances giving rise to the alleged grievance.
c. The date of the informal conference held with the immediate supervisor.
d. The date of the alleged violation or indication of a continuing violation.
e. The article and section of the Agreement which is alleged to have been violated.
f. The relief requested.
g. Grievant’s or Grievants’ name and work site, unless CHSTA is serving as the grievant pursuant to Article 10.E.13.
h. Place for signature of grievance chair.
5. The parties in interest agree to make available to each other all pertinent information not privileged under law in its possession or control and which is relevant to the issues raised by the grievance.
6. If a grievance is not initiated within the timelines and/or consistent with the procedures set forth in this Article, the grievant will be required to initiate the grievance at the appropriate step. The District’s processing of such a grievance does not impact its ability to assert during the processing of the grievance and/or at an arbitration hearing that the grievance is not arbitrable. A decision rendered at any level shall be considered final unless an appeal is registered within the time limit specified. If a decision is not given to the aggrieved within the time limit, an appeal may be taken to the next level within ten (10) days of when the decision was due.
7. When the aggrieved is not represented by the Association, the Association shall be informed of the decision and have the right to present in writing its views on the grievance at all steps of the procedure.
8. No party in interest shall take reprisals affecting employment status of any member of the unit, party in interest, any Association representative, or any other participant in the procedure by reason of such participation.
9. Any record(s) pertaining to a grievance shall be kept in a file separate from the aggrieved’s official District personnel file.
10. When it is necessary for a representative designated by the Association to process a grievance or attend a hearing during the day, the representative will, upon notice to the representative’s principal or immediate supervisor by the president of the Association, be released without loss of pay to participate in the foregoing activities. A reasonable number of witnesses from the bargaining unit may be released if requested by the Association to appear at such hearing.
11. If the Association and the Superintendent or the Superintendent’s designee agree in writing the grievance may be brought directly to arbitration.
12. Grievances of a similar or like nature may be joined as a single grievance by mutual agreement of the District and the Association.
13. The Association, either on its own behalf or on behalf of more than one affected unit member, may initiate a grievance at the Informal Level. In these cases, the grievance process shall start at the Informal Level with the Superintendent’s designee holding the meeting. If the grievance is not resolved at the Informal Level, the Association may appeal the decision to Step 2 and all other steps of the grievance process shall be followed in accordance with the requirements of this Article.
14. If a grievance arises from action or inaction of the District at a level above the Principal or immediate supervisor, the grievant shall submit such grievance in writing directly to the Superintendent and the grievance process shall start at the Informal Level with the Superintendent’s designee holding the meeting. If the grievance is not resolved at the Informal Level, the aggrieved may appeal the decision to Step 2 and all other steps of the grievance process shall be followed in accordance with the requirements of this Article.
ARTICLE 11: ORGANIZATIONAL SECURITY
1. The District and the Association recognizes the right of employees to form, join and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join, participate in or in any manner support employee organization activities, except as provided by this Article.
2. Any newly hired bargaining unit member who is not a member of the Association, or who does not make application for membership within thirty (30) days from the commencement of assigned duties within the bargaining unit, shall become a member of the Association or pay to the Association an agency fee in an amount determined by the Association, not to exceed the unified membership dues, initiation fees and general assessments, payable to the Association in the same manner as required for the payment of membership dues, provided, however, that the unit member may authorize payroll deduction for such an agency fee in the same manner as provided in 11.5 of this Article. In the event that a unit member does not pay such an agency fee directly to the Association or authorize payment through payroll deduction, the Association shall so inform the District, and the District shall immediately begin automatic payroll deduction as provided in California Education Code section 45061. There shall be no charge to the Association for such mandatory agency fee deductions.
3. Bargaining unit members hired before October 22, 1995 shall not be required as a condition of employment to pay fees and dues to any organization that they have not freely and voluntarily joined.
4. Religious Exemption: Any bargaining unit member, to whom the financial obligation described above in 11.2 of this Article applies, 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 Association as a condition of employment. That unit member shall be required to pay, in lieu of an agency fee, the sum equal to the agency fee to one or more non-religious, non-labor organizations, charitable fund exempt from taxation under section 501 (c) (3) of Title 26 the Internal Revenue Code.
a. Proof of payment with a written statement of objection along with verifiable evidence of membership in a religious body whose traditional tenets or teachings object to joining or financially supporting employee organizations shall be made on an annual basis to the Association and the District as a condition of continued exemption on or before October 1 of each year.
b. Any unit member making contributions in lieu of agency fee payments as set forth above, and who requests that the grievance or the arbitration provisions of this agreement be used in his/her behalf, shall be responsible for paying the reasonable cost of using such grievance or arbitration procedures.
5. Dues Deduction
a. The right of payroll deduction for payment of organizational dues and/or agency fees shall be accorded to the Association. Association members who currently have authorization cards on file for the above purposes need not be resolicited. Association dues and/or agency fees, upon formal written request from the Association to the District, shall be increased or decreased without resolicitation and authorization from unit members.
b. Pursuant to authorization by the unit member, the District shall deduct one-tenth (1/10) of the Association dues and/or agency fees from the regular salary check each month. Deductions for unit members who sign such authorization after commencement of the school year shall be appropriately prorated.
c. With respect to all sums deducted by the District pursuant to authorization of the unit member, for membership dues and/or agency fees, the District agrees to promptly remit such monies to the Association along with an alphabetical list of unit members for whom such deductions have been made and any changes that may have occurred since the previous list.
6. The Association agrees to pay to the District all reasonable legal costs incurred in defending against any court action and/or administrative action challenging the legality of constitutionality of the agency fee provisions of this Agreement or their implementation. The Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to above shall not be compromised, resisted, defended, tried or appealed.
7. The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article.
ARTICLE 12: EVALUATION PROCEDURES
It is understood and agreed by both parties to this Agreement that the principal objective of evaluation is to maintain or improve the quality of education in the District and provide for the performance accountability of unit members. The fundamental basis for evaluation and the foundation for summary evaluation is the 2009 California Standards for the Teaching Profession (CSTP), including the Continuum of Teaching Practice. The parties further agree to review subsequent CSTPs as they are released and upon mutual agreement, adopt the most recent version for use in evaluations.
A. Frequency of evaluation
1. Permanent unit members shall be evaluated:
a. At least once every two (2) years, or
b. If the unit member and evaluator agree, every 5 years for employees who have been employed at least 10 years with the District, and whose previous evaluation overall rating was satisfactory. If at any time the evaluator or unit member deem it necessary, either may initiate the evaluation process during the five year cycle.
2. In the event that a permanent teacher receives a “Needs to Improve” or “Unsatisfactory” at the end of an evaluation cycle, he/she will be placed on an Improvement Plan and will be evaluated again the following year.
a. Satisfactory completion of the Improvement Plan will exempt the permanent teacher from another evaluation for one (1) year.
b. Unsatisfactory completion of the Improvement Plan will lead to a full evaluation in the succeeding year. The unit member shall be evaluated annually until the unit member achieves a positive evaluation or is separated from the District.
3. Temporary, probationary, provisional unit members shall be evaluated annually.
B. Determination of the evaluator
1. The evaluator shall be the unit member’s immediate supervisor and/or any other certificated administrator designated by District management.
2. The unit member may be evaluated by the same evaluator in two (2) consecutive evaluation cycles, unless either the unit member or evaluator objects.
3. Once an evaluator is designated, a unit member may request the school principal to change evaluators. If this request is not granted, the unit member may appeal this decision to the Superintendent or designee with the understanding that the Superintendent/designee’s decision shall be final.
4. The evaluator may consult or involve other certificated personnel deemed appropriate to assist in the evaluation process.
C. Methods of evaluations.
Unit members may be evaluated by one of two processes
1. The standard evaluation process.
2. The optional evaluation process – permanent unit members who have been with the District at least 6 years may use the optional evaluation process if they have received a satisfactory evaluation during their previous evaluation cycle with no disciplinary documentation subsequent to that evaluation.
D. The Standard Evaluation Process and time-lines.
1. By the end of instructional week 4 of the first semester.
Written notification is provided to unit member with the name of his/her evaluator. It is recommended that returning unit members be notified prior to the start of school.
2. By the end of the week 7 in the first semester.
Unit members will complete the District supplied pre-evaluation form and submit it to the evaluator. The form allows for the unit member to propose a plan for his/her own professional improvement.
3. By the end of week 9 in the first semester.
a. The evaluator and the unit member will meet to review the pre-evaluation form/plan. Upon mutual agreement, the form will be signed by both parties. Should the unit member not agree with the plan, he/she may attach a statement of disagreement, recognizing that the evaluator’s plan will be followed.
b. For all non-permanent unit members, there shall be at least two informal classroom observations, each a minimum of 10 minutes, to focus on CSTP 2: Creating and Maintaining Effective Environments for Student Learning. The classroom observation form will be completed after each observation and a follow-up conference shall be held ten (10) teacher work days (as defined in Article 10) following the second observation.
4. By the end of the second week after the winter break.
There will be at least one formal classroom observation of at least 30 minutes duration. The first observation will be announced by the evaluator at least one day prior to the observation. A follow up formal (with written report) or informal (no written report) conference shall be made within ten (10) teacher work (as defined in Article 10) days of the observation.
5. By the end of week 9 in the second semester.
A second observation and follow up conference shall be completed for temporary, probationary and provisional unit members.
6. Thirty (30) calendar days prior to the last teaching contract day
The evaluation process begins the first day of the school year and shall continue until the final summary evaluation conference is concluded in the spring. The basic sequence of events in the standard evaluation of a unit member shall be as follows:
a. Pre-observation conference(s) (optional)
c. Written observation report(s) given to unit member
d. Post observation conference(s)
e. Written summary evaluation/conference
f. Summary evaluation report
A written copy of the unit member’s Final Summary Evaluation is provided to the unit member for their signature. A follow up conference may be scheduled by the unit member within 10 days of receiving his/her final Summary Evaluation.
E. The Optional Evaluation Process and Timelines
1. By the end of instructional week 4 of first semester.
Written notification is provided to permanent unit member with the name of his/her evaluator and the eligibility criteria for the optional evaluation process. It is recommended that returning unit members be notified prior to the start of school. The eligible unit member and evaluator will meet to discuss the Optional Process as part of the goal setting process. This meeting will provide the parties the opportunity to consider both the optional and the traditional processes.
2. By the end of week 7 in the first semester.
The unit member will present his or her plan for the optional evaluation project based upon the goal setting discussion. The unit member should present the measurable objectives and intended outcomes to be achieved for the evaluation process. The Optional Evaluation Process will be collaboratively designed and mutually agreed upon by the unit member and evaluator. In the absence of an agreement between the unit member and the evaluator, the Standard Evaluation Process shall be used.
3. By the end of week 9 in the first semester.
The unit member and evaluator shall meet to agree on the timeline for the unit member to present his/her report, project, or portfolio.
4. By the end of week 7 in the second semester
The unit member and evaluator shall meet to review the Midyear Review and Reflection Form.
5. Thirty (30) calendar days prior to the last teaching contract day.
A report regarding the level of success attained by the unit member as a result of the Optional Evaluation Process shall be prepared by the evaluator as the Final Summary Evaluation and signed by the evaluator and the unit member. A follow up conference may be scheduled by the unit member within 10 business days of receiving his/her Final Summary Evaluation.
F. The Final Summary Evaluation
1. Unit members will receive a final summary evaluation detailing their progress in six (6)
California Standards for the Teaching Profession:
a. Engaging & Supporting all Students in Learning
b. Creating & Maintaining Effective Environments for Student Learning
c. Understanding & Organizing Subject Matter for Student Learning
d. Planning Instruction & Designing Learning Experiences for All Students
e. Assessing Student Learning
f. Developing as a Professional Educator
In addition to written comments, the unit member will receive an overall rating of Satisfactory, Needs to Improve, or Unsatisfactory, consistent with the standards/indicators in the California Standards for the Teaching Profession.
2. A unit member shall not receive a “Needs to Improve” or “Unsatisfactory” summary
a. There have been at least three (3) classroom observations of at least 30 minutes each.
b. For each of the above observations there has been a written observation report and formal conference within ten (10) days of the observation.
c. One of these observations shall be conducted by an administrator other than the assigned evaluator if requested by either the unit member or the evaluator.
G. The Improvement Plan
1. The evaluator will meet with the unit member to discuss and develop an Improvement Plan.
2. The Improvement Plan is a prescriptive document which delineates specific recommendations for improvement of cited deficiencies and is limited to a specific time line.
3. The Improvement Plan may be prescribed by the evaluator.
a. If the evaluator perceives, after two (2) observations and formal conferences, difficulties in the unit member’s teaching methods, or
b. If the evaluator indicates on the Final Summary Evaluation, a “Needs to Improve” rating on any of the six (6) CSTP.
4. The evaluator shall take positive steps to assist the unit member in correcting the cited deficiencies and the Improvement Plan will make specific recommendations for improvement, which may include a peer assistance component.
5. The unit member shall also take positive steps to correct cited deficiencies as prescribed in the Improvement Plan.
6. If a unit member is on an Improvement Plan, in no event, will an “Unsatisfactory” rating be given to a unit member on the Final Summary Evaluation unless the unit member fails to meet or exceed the improvements outlined in the Improvement Plan.
H. Evaluation of non-classroom duties
1. The evaluator may observe the unit member in the classroom and/or in the exercise of the unit member’s non-instructional duties.
2. The evaluator may seek input from other certificated management personnel as they relate to the unit member’s overall instructional and non-instructional duties.
3. The Final Summary Evaluation of the unit member’s non-instructional duties shall focus on the unit member’s meeting his/her assignment, not on the unit member’s expertise or prior experience. The evaluation of a unit member’s performance of non-instructional duties shall be consistent with the standards/indicators of CSTP.
4. The evaluator shall take positive steps to assist the unit member in correcting potential deficiencies in the performance of his/her non-instructional duties.
I. Grievance Procedure
Evaluation procedures are grievable; however, the content of the evaluation shall not be subject to the Grievance Procedure, Article 10.
J. Board Rights
It is the intent of both parties that nothing in this article shall be construed as a waiver or limitation of the right of the Board to dismiss unit members for cause or not to renew a contract to a probationary, temporary, or provisional unit member as specified by the California Education Code.
K. Personnel Files
1. Unit members shall have access to their personnel file upon request during the business day, (except for those contents that are restricted by law) provided that the request is made for a time when the unit member is not required to render service.
2. When information of a derogatory nature is to be placed in a unit member’s personnel file, the member shall be given notice and an opportunity to review the information and attach a written rebuttal. Any such material shall be dated and signed by the author.
3. Examination of the file shall take place in the presence of the Assistant Superintendent of
Human Resources or designee. The parties agree to reopen this Article if there are legislative changes affecting evaluation.