ARTICLE 13: TEACHER ADVISORS
A. Purpose: Both parties are continually striving to provide the highest possible quality of education. In order for students to succeed in learning, the teachers must succeed in teaching. Therefore, the parties agree to cooperate in the design and implementation of programs to improve the quality of instruction through expanded and improved professional and peer assistance. Referred teachers, voluntary participants and first or second year teachers are viewed as valuable professionals who deserve to have the best resources available provided to them in the interest of improving performance to a successful standard.
B. Joint Teacher Advisor Selection Committee
The Teacher Advisor Selection Committee (JTASC or Committee) shall consist of the CHSTA President/designee, a CHSTA appointee (a unit member with permanent status), the current Teacher Advisors, the Superintendent’s designee, and an option for a second District administrator.
The JTASC shall establish its own meeting schedule. The District shall provide reasonable release time for members of the JTASC for meeting and conducting its business. Short meetings may be held outside of the normal workday at the discretion of the Committee members.
The JTASC shall be responsible for selecting the Teacher Advisors. The JTASC shall determine the application procedure.
1. The JTASC shall assess the effectiveness of the Teacher Advisors on an ongoing basis. The JTASC shall reserve the right to rescind the appointment of a Teacher Advisor who does not meet the expectations.
2. All proceedings and materials related to evaluation, reports and other personnel matters shall be strictly confidential. Therefore, JTASC members and Teacher Advisors may disclose such information only as necessary to administer the Article.
3. Teachers who provide assistance and review, including JTASC members, shall have the same protection from liability and access to appropriate defense as other public school employees under the Government Tort Claim Act (Division 3.6 commencing with section 810 of Title 1 of the California Government Code).
C. Teacher Advisors
1. A Teacher Advisor is a teacher who provides assistance to new teachers or to a Participating Teacher who has been referred for help based on receipt of an unsatisfactory evaluation pursuant to the PAR Program. The following shall constitute minimum qualifications:
a. A credentialed classroom teacher with permanent status.
b. Substantial recent experience in classroom instruction.
c. Demonstration of exemplary teaching abilities, as indicated by, among other things, effective communication skills, subject matter knowledge, and mastery of a range of teaching strategies necessary to meet the needs of pupils in different contexts.
2. In applying for a position as a Teacher Advisor, each applicant is required to submit three
references from individuals with specific knowledge of his or her expertise.
a. A reference from a building principal or immediate supervisor.
b. A reference from another teacher in his/her department.
c. A reference from another classroom teacher.
All applications and references shall be treated with confidentiality.
3. The JTASC shall interview applicants. The Committee shall make every effort collaboratively to reach a consensus decision as to which applicant is selected. If no consensus is reached, the Committee may reach a consensus decision to seek more applicants; however, if there is no consensus, the Superintendent’s designee shall have the final decision.
4. A Teacher Advisor shall be scheduled with consecutive release periods or shall be fully released.
5. The yearly stipend will be $2,000, which shall be paid in two installments. The first installment will be in the December check and the second in the May check.
6. The normal term of a Teacher Advisor on a full time release shall be three (3) years. The Committee at its option may reappoint a full time release Teacher Advisor for an additional year. The term of a Teacher Advisor on part time release shall be three (3) years. The Committee may reappoint a part time release Teacher Advisor for an additional two years (at part time release). The terms of Teacher Advisors shall be staggered, and no Teacher Advisor shall serve longer than four (4) years, if on full time release, or five (5) years if on part time release. Nothing in this section shall restrict the Committee from fulfilling its responsibility stipulated in Article 12.B.4.
7. Functions performed pursuant to this Article by bargaining unit members shall not constitute management or supervisory functions. The Teacher Advisors shall continue all rights of bargaining unit members.
8. Teacher Advisor shall assist referred Participating Teachers by demonstrating, observing, conferencing, referring or by other activities, which, in their professional judgment, will assist the Participating Teacher. The Teacher Advisor shall consult with the evaluator in developing the assistance plan.
9. The Teacher Advisor will submit a report to the JTASC. A copy of the Teacher Advisor’s report shall be submitted to and discussed with the Referred Teacher to receive his/her input and signature before it is submitted to the JTASC. The Referred Teacher’s signing of the Report does not necessarily mean agreement, but rather that he/she has received a copy of the report. The Referred Teacher shall have the right to submit a written response, within twenty (20) days, and have it attached to the final report.
10. The Teacher Advisors will work together to plan and implement training for teachers who are new to the district and/or to teachers who are voluntary participants in the program.
11. A Teacher Advisor will be assigned by the JTASC to provide assistance to Voluntary
12. Teachers who provide assistance and review, including Committee members, shall have the same protection from liability and access to appropriate defense as other public school employees under the Government Tort Claims Act (Division 3.6 commencing with Section 810 of Title 1 of the California Government Code).
D. Participating Teachers
1. A Referred Teacher is a teacher with permanent status who receives assistance to improve his/her instructional skills, classroom management, knowledge of subject, and/or related aspects of his/her teaching performance as a result of an unsatisfactory final evaluation.
2. The purpose of voluntary participation in the Teacher Advisor Program is for peer assistance only and such participation shall not cause any written reports to be produced. Voluntary Participation in the Teacher Advisor program shall be confidential. The Volunteer teacher may terminate his/her participation in the Program at any time.
3. A Participating Teacher may request a particular Teacher Advisor. The Committee will make all reasonable attempts to honor this request. Referred Participating Teachers will have first priority; Voluntary Participating Teachers whose Evaluator recommended voluntary participation in the program will receive second priority. A different Teacher Advisor may be selected to work with the Participating Teacher at any time during the process when requested to do so by the Participating Teacher or the Teacher Advisor.
4. All Proceedings and materials related to evaluations, reports, and other personnel matters shall be strictly confidential. Therefore, JTASC members and Teacher Advisors may disclose such information only as necessary to administer this Article.
ARTICLE 14: HOURS AND WORK YEAR
A. The Association and the District agree that it is the intent of the parties to retain the status quo for regular teaching duties.
A teacher’s normal teaching schedule is not to exceed an average of 280 minutes per day/1,400 minutes per 5-day week.
b. Bell Schedule Changes
A single bell schedule shift of 10 minutes or less that does not alter the start or end time of a school day, does not change the average number of minutes as defined in Article 14.A.1.a, nor fundamentally changes the way a school site allocates its instructional minutes does not require a faculty vote, provided the school site administration consults with the teaching staff on site.
If a school site’s teaching staff, administration, or the District determines that a change from the currently utilized bell schedule is warranted, the following process shall be followed:
Prior to Voting:
Before any bell schedule vote is taken, a committee of at least 3 administrators including site administration, appointed by the District, and at least 3 local site teachers, appointed by CHSTA, shall be formed to evaluate options and develop the proposal for a new schedule. The committee shall meet at least twice within a four-week period. The committee will solicit input from the school community and inform the broader community of decisions that have been made.
Schedule of Voting and Implementation
Sites may vote on proposed bell schedule changes no more than twice per semester (and a maximum of three times per school year). Any vote occurring during the second semester should occur prior to the end of the 12th week of the semester to allow adequate time to prepare the site and impacted communities for the approved changes. Any approved bell schedule change will be implemented during the Fall semester of the next school year.
The vote will be conducted by secret ballot administered by CHSTA site Representatives (or specific designees of the CHSTA Rep Council). Site administration may designate a representative to participate in the counting of the ballots. At the time of the election, all current teaching staff at that site shall have the opportunity to vote on the proposed change. An affirmative vote of at least 62% of those voting will approve the new schedule. Abstentions will not be counted. If the 62% threshold is not met, the site’s bell schedule will remain as is.
c. In the event a unit member volunteers for and is assigned an extra period of teaching, the District will continue its practice of compensating the unit member on a pro rata basis. Unit members will not be assigned to teach an extra period until possible alternatives are reviewed including, but not limited to, hiring additional staff for the school site, interns, part-time teachers, traveling teachers, retired teachers, etc. In the event that the District deems it advisable to assign an extra period of teaching to a unit member, the Assistant Superintendent, Human Resources will within five days invite the CHSTA President or his/her designee to review the situation and the alternatives.
d. The Chair of the WASC Committee of a school shall be granted a release period or a stipend equal to the amount paid to a Department Chairperson pro-rated per semester. Effective with the 2018-19 school year, the Chair will have the option of taking the release period by selecting on of the following options:
1. the complete school year preceding the WASC evaluation; or
2. the spring semester of the year preceding the WASC evaluation and the fall semester of the school year in which the WASC evaluation occurs; or
3. the complete school year coinciding with the WASC evaluation.
If the Chair selects a semester option, the semesters shall coincide with the full accreditation evaluation by WASC, not the midterm revisits. In addition to the release period, the District will pay the Chair the amount of $1,500.00 upon the District’s acceptance of all required elements of the WASC Report.
If the District is not able to provide a release period to the Chair due to staffing hardships, the Chair shall be compensated for serving as the Chair the same amount as paid to a Department Chairperson pro-rated per semester. The Chair also shall receive the amount of $1,500.00 upon the District’s acceptance of all required elements of the WASC Report.
e. Final Exam Schedule: If 62% of the staff at a site vote to have a 3-day final exam schedule, that site shall have 3 days for finals. Otherwise, the final exam schedule shall be 2 days.
f. If the District’s auditors make recommendations regarding instructional minutes or highlight a focus in the area of compliance needs, a joint task force involving representatives from the impacted sites including designated CHSTA representatives will convene within two (2) weeks to evaluate potential remedies.
g. Collaboration: In accordance with the District’s strategic and local educational plan initiatives, teachers and administrators will determine the topics for District and Site collaboration, based on the needs of staff and students at each site. As a District committed to Professional Learning Communities, all sites will engage in collegial, collaborative planning sessions.
Part-time teachers who are assigned to teach only on an A or B day schedule shall be responsible for attending collaboration on days they are scheduled to teach. Part-time teachers that are 0.8 FTE and teach everyday will attend 80% of the allotted collaboration time. A calendar for the proportional attendance will be discussed and tentatively agreed upon with the Department Chair and Site Administration at the beginning of the school year. Teachers, site, Departments, and/or content specific teams with District support will collaborate in accordance with the following:
a. In March of the preceding school year, the Assistant Superintendent of Educational Services may designate to the site Principals which topics are to be discussed in relation to District goals.
The planning for site-focused collaboration time will be determined by the site administration in coordination with the site’s Department Chairpersons. Prior to coordinating with site administration, the Department Chairperson will solicit input in writing for the collaboration time from the Department’s teachers. At or before the final site-focused or District focused collaboration session of the school year, the Departments will identify their goals and tentative schedule for the following school year.
b. By the end of April of the preceding school year, the site Principal and the Department Chairpersons will develop a tentative schedule – including the allocation of Teacher, District, and Site-Focused collaboration time – for the following year’s collaboration sessions. Once the calendar is approved by site administration with the Department Chairpersons, the calendar will be distributed to the individual teachers for planning purposes.
ii. Collaboration Time
a. Teacher-Focused Collaboration: At least 1/3 of the available collaboration time at any site will be teacher-focused. Teacher focused collaboration will be held on District sites. Exceptions to holding teacher focused collaboration on District sites must be approved in advance by the District Administration. Each teacher, working in conjunction with the other teacher(s) with whom the teacher is collaborating, will be able to determine the goals and content of teacher-focused collaboration time. Teacher-focused collaboration time, includes but is not limited to, working with colleagues to develop curriculum, and to share best practices with both inter- and intra-departmental colleagues. Within five days of a teacher-focused collaboration session, teachers will submit to the Principal or his/her designee agendas, meeting notes, and/or other work product from the session.
b. District-Focused Collaboration: Up to 1/3 of the available collaboration time at any site will be reserved for working on District-wide initiatives that are intended to promote the development of successful program, subject, and content specific strategies to improve student learning and instruction. District focused collaboration is intended to address the goals of the District’s initiatives, Site plans, and overall teachers’ needs to address those goals. The intent is that there be alignment in these areas. The planning for this time will be done by the District’s Department Chairpersons working in coordination with the Site Principal, and the Educational Services Department. Prior to coordinating with site administration, the Department Chairperson will solicit input from the Department’s teachers regarding collaboration time.
c. Site-Focused Collaboration: Up to 1/3 of the available collaboration time at any site will be reserved for working on site specific goals/initiatives. The planning for this site-focused collaboration time will be determined by the site administration in coordination with the site’s Department Chairpersons. Prior to coordinating with site administration, the Department Chairperson will solicit input from the Department’s teachers regarding collaboration time.
d. In WASC years, the majority of collaboration time may be devoted to WASC related work, at the discretion of the site Principal and WASC Coordinator. Any collaboration sessions not devoted to WASC related work will be allocated 50% Teacher-Focused and 50% District/Site-Focused.
iii. The parties recognize and agree that collaboration is designed to enhance the teaching and learning experience of both teachers and students and that collaboration can take on many different forms to best meet that objective. In the interests of providing flexibility to provide beneficial collaboration, the parties agree that Article 14.1.g.i-ii do not apply to sites where the teachers and site administration have agreed to a different allocation in the Teacher, District, and Site-Focused collaboration session time than specified in Article 14.1.g.ii, including the potential for blending of multiple types of collaboration sessions during one session. A site that agrees to a different allocation of collaboration time, must have that agreement approved by secret ballot in which 67% of CHSTA voting members approve the allocation. CHSTA site representatives will administer the vote. Site administration may designate a representative to participate in the counting of the ballots. The vote, counting of the ballots, and announcement of the results of the vote shall be completed by the third Friday of April of each preceding school year.
If a site has approved an alternative allocation of collaboration session time as allowed by this Section, a vote may consist of: (a) maintaining the existing allocation of collaboration session time from that school year; (b) modifying the existing allocation of collaboration session time, but still utilizing an alternative allocation of collaboration session time as permitted by this Section; or (c) reverting back to the allocation of collaboration session time specified in Article 14.1.g.ii. For sites that have approved an alternative allocation of collaboration time, any vote for the subsequent school year’s allocation shall contain only two options for teachers to vote on, i.e. option (a) and (b) or option (a) and (c). If the vote involves option (a) and (b), the parties understand and agree that if option (b) is not approved, a second vote may be called involving option (a) and (c).
2. Preparation Periods:
a. Teachers shall not be required by the Principal to substitute during their preparation periods without the compensation herein provided. If a teacher substitutes during his/her preparation period at the Principal’s request, the teacher shall be compensated at 2/5th of the District-established substitute per diem rate for a full block or 1/5th of the District-established substitute per diem rate for a half a block. If the Principal knows of the need to cover the class at least 2 work days in advance, the Principal will first seek volunteers before requiring someone to cover the class. If the Principal must require a teacher to substitute during the prep period, the Principal/designee will distribute this substituting work on an equitable basis.
b. In the event the District is unable to secure a substitute when a unit member has followed the procedure for requesting substitute coverage, the Principal may require a unit member to substitute during his/her preparation period. On each occasion where the unit member is required to substitute during his/her preparation period, the unit member will be compensated at 2/5th of the District substitute per diem rate. Site administration will make a reasonable effort to distribute preparation period substitute duties equitably among unit members. No member shall be required to substitute during his/her preparation period more than twice per semester.
c. Unit members shall not be required to attend staff-wide administrative meetings during their preparation periods more often than three (3) times during a school year. This restriction does not apply to mutually scheduled meetings between an individual unit member and an administrator (e.g. grievance meetings, disciplinary meetings, or meetings to assist the unit member with instructional strategies). This restriction also does not apply to WASC accreditation meetings or staff-wide emergency training related to issues of school safety and security that arise unexpectedly during the school year.
d. The District and CHSTA have a shared interest in supporting students and teachers by providing a number of teaching preparations ("prep" or "preps") that attempts to balance students' ability to enroll in classes they are interested in and/or need to take, the District's interest in being able to provide course offerings to its students, and the teacher's interest in having a reasonable course load.
Effective with the 2018-2019 school year, the District agrees to make reasonable efforts to equitably limit the number of teaching preps a teacher is assigned to within the teacher's individual program or subject area. For purposes of this Section, a prep is a subject content area course taught by a unit member.
The District’s efforts will be to limit the preps assigned to a teacher to three (3) preps.
1. Advanced Placement and ELL classes will be considered as additional preps
2. The calculation of three preps will exclude Visual Arts, Performing Arts, World Language, CTE, and Special Education.
As part of the process of reasonably attempting to equitably limit the number of preps, the District will take into account factors such as:
1. teacher input and requests
3. student needs (course requests, graduation requirements, etc.)
4. class offerings
5. individualized educational programs
In the event that it is necessary to assign more than three preps to a teacher, an administrator will provide a rationale.
3. Teachers shall not be required to do chaperoning assignments more often than three (3) times during a school year. Such assignments are to be determined by lottery at each school. Chaperoning does include night football, but does not include athletic timing.
4. Every bargaining unit employee, on all school days, is required to be on the campus of his/her assignment and available to students 15 minutes before his/her first class or assignment, except for zero period. The parties agree and understand that a tutorial period is not considered to be a class.
5. Except as otherwise provided in this Section, unit members are responsible for completing, whether on campus or off campus, as applicable, the employee’s classroom duties (or, in the case of non-classroom teachers, scheduled duties) as well as related professional duties. Such professional duties include, the following: planning instruction; preparing lesson plans; preparing and selecting instructional materials; reviewing and evaluating the work of students; communicating and conferring with students, parents, staff and administrators; maintaining appropriate records; attending meetings and/or completing necessary paperwork relating to IEPs and 504 plans; complying with applicable duties as it relates to supervising pupils within the classroom; attendance at Back-to-School Night and at graduation (if requested); attending faculty and District committee assignments, and the activity obligation as set forth in Section B. Faculty attendance may be required at either Open House or 8th Grade Parent Night, but not both, at the discretion of the site principal.
6. Teachers shall consistently sign out if they leave campus during the instructional day, to include providing contact information in case it is necessary to contact that teacher while off campus.
B. The Association and the District agree that it is the intent of the parties to retain the current level of activities, and the school administration shall attempt, insofar as possible, to evenly distribute activity assignments consistent with the provisions of this Section. This Section shall not apply to teachers on split assignments within the same school day.
1. Teachers shall be assigned no more than one major activity or two minor activities or one activity in the added compensation classifications.
a. A major activity is an activity in which the teacher has limited control over the number of hours and responsibilities involved (e.g., athletic timing or ticket taking).
b. A minor activity is an activity in which the teacher has significant control over the number of hours and responsibilities.
c. Added Compensation Activities are listed in Appendix B. Added Compensation Activities are activities which meet regularly outside of the school day, may require attendance at several off-campus events, and require the direction of a coach, advisor, and/or assistants to function. The schedule of these activities may be influenced by a league competition calendar or school year deadlines.
d. This Section shall not apply to part-time teachers who teach half days throughout the year.
e. The unit member at the hosting site that is the point person for the Art Show or Drama Fest shall have that responsibility qualify as their major activity assignment and shall not have any other major/minor activities assigned to them while acting as the point person for the Art Show or Drama Fest.
2. BSTA advisors can consult with the Activities Director to determine appropriate activity assignments based on their prior experience and new teacher workload.
3. Teachers may volunteer for any additional activities or supervision they choose.
4. Recognizing that the nature of activity assignments may vary from school to school, the Association and the District agree that the Director of Student Activities and a committee of two teachers appointed by the Association at each school shall make the determination which are major activities and which are minor activities, such determination shall be subject to the approval of the Principal. Said determination, including the final review by the Principal, to be made annually by June 1.
5. Activities must be conducted at the home site to satisfy contact requirements. Teachers may, with approval of all impacted site Principals, take on additional activities at alternative sites.
6. Part-time teachers (not split site teachers): 0.6 FTEs shall do one activity and one chaperone assignment and 0.8 FTEs shall do two minor activities or one major activity and two chaperone assignments.
C. The school calendars for the school years covered by this Agreement are incorporated by
reference and attached in Appendix E.
D. Work Year: The work year for unit members is 182 days. There will be 180 student days and 2 teacher work days: one day before school starts reserved for staff meetings and teacher planning and one day at the end of the year to close the year. There will be one non-student, non-contract day at the end of the first semester unless mutually agreed otherwise.
1. The District may offer voluntary staff development days for classroom teachers outside of regular work hours. Classroom teachers who attend a full staff development session shall be compensated.
2. If a staff development session is funded from specifically earmarked revenue, the rate of compensation shall be that which is designated by the revenue sources.
3. For Professional Development offered by the District for which there is no special funding sources, the District shall provide compensation at an hourly rate of $35.00 per hour for unit members attending the session. In addition, for such day(s) the District shall:
a. compensate unit members who are present on the day(s) $75 per hour for the actual time spent presenting on the day(s). Such unit members shall receive $35.00 per hour for the actual time spent attending, but not presenting, at the day(s).
b. compensate the unit member for preparing new substantive content material for the presentation not less than $75 per hour for the actual time spent preparing the material. The amount of time spent preparing the material must be approved in writing in advance by the District.
4. The following provisions shall apply with respect to a bargaining unit employee’s application to attend a Professional Development event outside of the contractual work year that is related to a new course/program being taught within the District or where it would be the bargaining unit employee’s first time being assigned to that course/program:
a. No later than April 2nd of each respective school year, bargaining unit employees may apply to site administration to attend a Professional Development event outside of their respective work year. The application must be provided on a District created and approved application form. As long as the April 2nd deadline is met, the District will notify, in writing, the bargaining unit employee whether the request to attend the Professional Development has been approved or denied by May 1st. The District’s notice will also include information about the right for a unit member to be reimbursed for certain expenses related to the Professional Development event. The District will consider applications submitted after April 2nd on a case-by-case basis and its decision will be final and not subject to challenge. If the District approves a bargaining unit employee’s application submitted after April 2nd, the bargaining unit employee will be covered by the remaining provisions of this Agreement.
b. If the District approves attendance at the Professional Development event, it will reimburse the bargaining unit employee for the cost of travel and meal expenses within the limitations already in place and as set forth in the travel reimbursement claim form. In addition, as long as the District is able to directly pay the provider of the Professional Development event, it will pay the registration fees for the unit member attending the event. If, however, the provider of the Professional Development event is no longer accepting Purchase Orders or the District is not able to submit a Purchase Order in a timely manner, the bargaining unit member shall pay the registration fees and the District will reimburse the bargaining unit member. In order to receive the reimbursement, the bargaining unit employee must submit an expense reimbursement request, including original receipts, to the District within 30 days the bargaining unit member incurring expenses. Upon receipt of a fully completed reimbursement request, including original receipts, the District will reimburse the bargaining unit employee within 15 work days, which for purposes of this Section only, shall be defined as days the District Office is open.
c. If the bargaining unit employee has previously attended the Professional Development event, then the bargaining unit employee will not be eligible to receive any pay for attendance at the Professional Development event as set forth in Article 14.D.4.d, nor be eligible to have the fees and expenses as set forth in Article 14.D.4.b reimbursed by the District unless there has been a substantive change in the course curriculum or programing, resulting in the District determining, in its discretion, that: (a) the bargaining unit member’s attendance at the Professional Development would allow him/her to fully teach the course; or (b) or the Professional Development is a program requirement.
d. The District agrees to pay bargaining unit employees who attend an approved Professional Development event at the certificated hourly rate of $35.00/hour. The number of hours the District will pay is based upon the actual length of the Professional Development, e.g. if the Professional Development event is 2 hours in length an employee would receive pay for 2 hours. Bargaining unit employees will not receive pay for the time spent travelling to and from the Professional Development event. In addition to the other requirements set forth in this Agreement, bargaining unit employees will be required to submit a time card – identifying the hours of attendance at the Professional Development event – to the District.
e. Bargaining unit employees are required to sign in and sign out at Professional Development events in order to be paid for their time. If available, a copy of a certificate of attendance/successful completion of the Professional Development must be submitted by the bargaining unit employee, e.g. IB, AP, or AVID.
f. Bargaining unit employees are not eligible to receive pay or reimbursement set forth in Article 14.D.4.b and d until they have provided written documentation of attendance/successful completion of the Professional Development as well as the time card identified in Article 14.D.4.d.
g. Bargaining unit employees will neither be paid nor reimbursed for Professional Development as set forth in Article 14.D.4.b and d in the following circumstances:
i. If a bargaining unit employee chooses to use his/her attendance at the Professional Development event towards increasing his/her placement on the salary schedule and the units available for such advancement are embedded in the offering of the Professional Development event, i.e., the bargaining unit employee does not have to pay any additional amount to receive unit credit for attending the Professional Development event; or
ii. If the bargaining unit member is eligible to receive compensation/stipend for attending the Professional Development event through a source other than the District, e.g. an outside vendor or organization.
Nothing in this Section precludes a bargaining unit employee from using his/her attendance at a Professional Development event towards increasing his/her placement on the salary schedule if the bargaining unit employee must pay an amount in addition to the registration cost to the provider of the Professional
Development event to receive credit/units that can be applied towards advancing on the salary schedule.
In any situation where a bargaining unit employee is electing to use unit credit towards advancement on the salary schedule, the bargaining unit must submit the information required by Appendix A of the CBA between the District and CHSTA.
h. If a bargaining unit employee wishes to cancel his/her attendance at a Professional Development event, the bargaining unit employee must provide, in writing, notice to the District at least 23 days prior to the approved Professional Development event. The parties acknowledge and agree that if a bargaining unit member is approved to attend a Professional Development event, the bargaining unit member will be expected to attend the Professional Development event.
i. If a bargaining unit employee cancels or otherwise fails to attend/successfully complete a Professional Development event, CHSTA understands and acknowledges that such occurrences may: (a) impact the District’s ability to finalize an assignment or proposed change of assignment for a bargaining unit employee; or (b) require the implementation of further assignment changes to that bargaining unit employee and other bargaining unit employees. CHSTA agrees that notwithstanding anything to the contrary, the District has the exclusive discretion to make any necessary assignments in these scenarios, including Master Schedule changes.
5. If a group of bargaining unit employees or a Department requests to hold Professional Development on a weekend or any other non-contract day in lieu of during the workweek, the District will consider the request on a case-by-case basis contingent, among other factors, upon all bargaining unit employees being able to participate in the proposed Professional Development. If the Professional Development event is determined to be District required, the District will pay the attending bargaining unit employees the certificated hourly rate of $35.00/hour subject to the conditions set forth in Section D(4)(iv).
ARTICLE 15: SAFETY CONDITIONS
A. Safe Working Conditions
1. Teachers shall not be required to work in unsafe conditions or to perform tasks that endanger their health or safety.
2. Both the employer and all employees agree to have the responsibility to preserve a safe place of employment.
3. All unit members shall in the course of performing the duties associated with their employment be alert to unsafe conditions and report any condition which they believe to be unsafe to their immediate supervisor.
4. The District shall assess any reported unsafe condition in a timely manner. If the condition is determined by the District to be unsafe, the District shall take responsibility and timely steps to rectify the problem. The District shall communicate to both the complainant and CHSTA the results of the safety assessment and the steps being taken to rectify the problem if the assessment determines an unsafe condition exists. The District shall not require unit members to work under conditions that CAL-OSHA has determined to be unsafe.
5. The District and the Association agree that the District Safety Committee needs to be reconstituted no later than the Fall semester 2001 as an ongoing mechanism to raise and discuss safety issues. The Association shall appoint two representatives to the Safety Committee. The District and Association agree that the Safety Committee shall meet no less than once each semester.
1. Unit members shall immediately report cases of assault and battery suffered by them in connection with their employment to their principal or other immediate supervisor who shall promptly report the same to the appropriate law enforcement authorities of the City or County in which the incident occurred. The District shall comply with any reasonable request from the unit member for information relating to the incident or the persons involved which is within the possession of the District and which would not violate any person’s privacy rights or be otherwise privileged. The District shall act in appropriate ways as liaison between the unit member, police and courts.
2. With respect to assault and battery on a teacher by a student, nothing contained herein shall preclude the rights of teachers to suspend the student from his or her class or classes for the class period(s) of the suspension and the period(s) on the following day for any conduct that causes, or attempts to cause, or threatens to cause physical injury to the unit member except in self-defense. The teacher shall immediately report the suspension to the Dean of Students or designee and send the pupil to said administrator for appropriate action.
3. As soon as possible, the principal or designee shall ask the parent or guardian of the suspended student to attend a conference with the teacher regarding the suspension. A school administrator or counselor shall attend the conference if requested by the teacher, parent or guardian, principal, or counselor.
4. A teacher who is injured as a result of an assault or battery suffered in the course of employment shall have the right to file a claim for workers’ compensation and/or disability under STRS.
C. The District shall notify unit members who have supervisory responsibility for a student who has a record of violent behavior, provided the district is in possession of said information. For the purpose of this section violent behavior shall be defined as, but not limited to, assault and battery, and illegal possession or use of a weapon. Bargaining unit members are required by law to keep this information confidential and face a fine up to $500 for violation of this confidentiality provision. (Section 827 Welfare Institutions Code).
D. Liability Coverage (field trips): A unit member shall obtain written permission on a form provided by the District to take students on a field trip and to transport such students in his/her personal automobile. Written permission shall mean that the trip is a school sponsored activity and that the teacher is covered by the District’s liability insurance.
E. General Liability: The District shall continue to provide general liability insurance which includes teachers liability through the term of the current policy, and the District shall make every reasonable effort to renew such coverage.
F. Examinations for tuberculosis will be required of unit members every four (4) years.
G. Student Suspension by Teacher: Under Section 48910 of the Education Code, a classroom teacher may suspend any pupil from his/her class for any of the causes enumerated in section 48900 for the day of the suspension and the following meeting of the same class. The teacher shall immediately report the suspension to the principal or designee and send the pupil to the principal or designee for appropriate action. As soon as possible the teacher shall ask the parent or guardian of the pupil to attend a parent-teacher conference regarding the suspension. The pupil shall not be returned to the class from which s/he was suspended during the period for the suspension without the concurrence of the teacher.
ARTICLE 16: LEAVES
A. Personal Illness and Injury Leave
1. Full-time unit members shall be entitled to ten (10) days of paid leave each school year for personal illness or injury (hereinafter referred to as “sick leave”). Part-time unit members will receive a pro rata amount of sick leave for each school year in proportion to the number of days he/she is assigned to work in a five-day workweek. However, if a unit member is not assigned to work a consistent number of days per week, the amount of sick leave he/she will receive will be based on the number of days the unit member is assigned to work over a two-week period. For example, if a unit member works 3 days in week one and 2 days in week two, the number of days he/she is assigned to work each week during the two-week period is 5 days, and therefore, the unit member will receive 5 days of sick leave per school year.
2. If a unit member does not use the full amount of leave authorized in Article 16.A.1 above in any school year, the amount not used shall be accumulated from year to year.
3. At the beginning of each school year, every teacher shall receive a sick leave allotment for the school year. A teacher may use his/her credited sick leave at any time during the school year.
4. In the event that the unit member has been absent for more than five consecutive days, the District may require a physician’s verification of the unit member’s ability to return to work. If the unit member has been absent on sick leave for illness (excluding Personal Necessity Leave) for 20 days in a semester, the District may send the unit member to a physician of the unit member’s choosing, and paid for by the District to provide an opinion on fitness for duty.
5. The District may require a physician’s verification of illness if there is reasonable suspicion of abuse.
6. The District shall provide each part-time teacher with a written statement of his/her sick leave entitlement for the upcoming school year. Such statement shall be provided on or about September 1st.
7. A unit member must follow the procedures given on the Substitute Information card that is supplied by the District when reporting an absence as soon as the need to be absent is known. In all but emergency situations, notification of absence should occur no later than one hour before the unit member’s first class is scheduled to begin. Verification of emergency situations may be required by the District. In case of an anticipated extended absence, the unit member shall notify the District as soon as the need is known.
8. Teachers are required to maintain lesson plans, roll books, and seating charts for all the assigned classes and to have these materials available in their assigned classroom(s) for the use of a substitute when they are absent, unless an emergency precludes this.
9. A unit member whose absence is authorized for three (3) or less hours shall have deducted one-half day from accumulated sick leave; if the absence exceeds three (3) hours, a full day shall be deducted from the accumulated sick leave.
10. Extended Sick Leave: Education Code Section 44977
a. After all earned sick leave days have been used, a unit member who is absent from his/her duties on account of illness or accident for a period of five (5) school months or less, whether or not the absence arises out of or in the course of the employment of the unit member, the amount deducted from the salary due him/her for any month in which the absence occurs shall not exceed the sum which is actually paid a substitute employee employed to fill his/her position during his/her absence or, if no substitute employee was employed, the amount which would have been paid to the substitute had he/she been employed. The amount deducted shall not exceed the regular long- term substitute rate even if the substitute employed is a retiree paid 150% of the applicable rate under the terms of Article 19. Regular sick leave, accumulated sick leave and the five (5) month extended sick leave period shall run consecutively. The five months of extended sick leave shall, however, run concurrently with the Federal Family and Medical Leave Act and/or the California Family Rights Act provisions.
b. An employee shall not be provided with more than one Education Code section 44977 five (5) month extended sick leave period per illness or accident. If a school year ends before the five (5) month period is exhausted, and the employee is still suffering from the same illness or injury, the employee shall be entitled to take the subsequent year’s sick leave allotment followed by the balance of the Section 44977 five (5) month extended sick leave, in a subsequent year.
c. Exhaustion of All Leaves: When a unit member has exhausted all available sick leave, including regular accumulated sick leave and the five (5) month period of extended sick leave, and the unit member is not medically able to resume the duties of his/her position, the unit member shall, if not placed in another position, be placed on a re-employment list for a period of twenty-four (24) months if the unit member is on probationary status, or a period of thirty-nine (39) months if the unit member is a permanent employee of the District. This twenty-four (24) or thirty-nine (39) month period begins at the end of the five (5) months of extended sick leave. When the employee is medically able, during the twenty-four (24) or thirty-nine (39) month period, the certificated employee shall be returned to employment in a position for which he/she is credentialed and qualified.
B. Unpaid Medical Leave
The unit member may, upon application to the Board of Trustees, be granted unpaid medical leave for up to one year. The request must be accompanied by a health care provider’s recommendation. Such medical leave may be extended thereafter in case of extended illness, and, prior to return to service, the District may require medical verification of the unit member’s ability to serve.
C. Pregnancy Disability Leave
1. Any unit member who is disabled by pregnancy, childbirth, or a related medical condition is eligible for a Pregnancy Disability Leave of Absence. There is no length of service requirement.
2. For purposes of this Section, a unit member is disabled when, in the opinion of the unit member’s healthcare provider, she cannot work at all or is unable to perform any one or more of the essential functions of the unit member’s job, or to perform them without undue risk to herself, the successful completion of her pregnancy, or to other persons as determined by a health care provider. This term also applies to certain pregnancy-related conditions, such as severe morning sickness or if a unit member needs to take time off for prenatal or postnatal care, bed rest, post-partum depression, and the loss or end of pregnancy (among other pregnancy-related conditions that are considered to be disabling).
3. Reasonable Accommodation for Pregnancy-Related Disabilities
a. Any unit member who is affected by pregnancy may also be eligible for a temporary transfer or another accommodation. There is no length of service requirement. A unit member is affected by pregnancy if she is pregnant or has a related medical condition, and because of pregnancy, the unit member’s health care provider has certified that it is medically advisable for her to temporarily transfer or to receive some other accommodation.
b. The District will provide a temporary transfer to a less strenuous or hazardous position or duties or other accommodation to a unit member affected by pregnancy if: she requests a transfer or other accommodation; the request is based upon the certification of her health care provider as “medically advisable”; and the transfer or other requested accommodation can be reasonably accommodated pursuant to applicable law.
c. As part of this accommodation process, no additional position will be created and the District will not discharge another unit member, transfer another unit member with more seniority, or promote or transfer any unit member who is not qualified to perform the new job.
4. Advance Notice and Medical Certification
To be approved for a pregnancy disability leave of absence, a temporary transfer or other reasonable accommodation, a unit member must:
a. Provide 30 days’ advance notice before the leave of absence, transfer or reasonable accommodation is to begin, if the need is foreseeable;
b. Provide as much notice as is practicable before the leave, transfer or reasonable accommodation when 30 days’ notice is not foreseeable; and
c. Provide a signed medical certification from the unit member’s health care provider that states that the unit member is disabled due to pregnancy or that it is medically advisable for the unit member to be temporarily transferred or to receive some other requested accommodation.
The District may require a unit member provide a new certification if she requests an extension of time for the leave, transfer or other requested accommodation.
a. The District will provide a unit member with a Pregnancy Disability Leave of Absence for the duration of her pregnancy-related disability for up to four (4) months. This leave may be taken intermittently or on a continuous basis, as certified by her healthcare provider. The four months of leave available to a unit member due to her pregnancy related disability is defined as the number of days (and hours) the unit member would normally work within four calendar months or 17.33 workweeks.
b. Any temporary transfer or other reasonable accommodation provided to a unit member affected by pregnancy will not reduce the amount of Pregnancy Disability Leave time the unit member has available to her unless the temporary transfer or other reasonable accommodation involves a reduced work schedule or intermittent absences from work.
a. If the unit member and the District have agreed upon a definite date of return from her leave of absence or transfer, she will be reinstated on that date if she notifies the District that she is able to return on that date. If the length of the leave of absence or transfer has not been established, or if it differs from the original agreement, she will be returned to work within two (2) business days, where feasible, after she notifies the District of her readiness to return.
b. Before a unit member will be allowed to return to work in her regular job following a leave of absence or transfer, she must provide the Human Resources Director with a certification from her healthcare provider that she can perform safely all of the essential duties of her position, with or without reasonable accommodation. If she does not provide such a release prior to or upon reporting for work, she will be sent home until a release is provided. Any time a unit member is not allowed to work due to not having provided the required release will be unpaid.
c. A unit member will be returned to the same or a comparable position upon the conclusion of her leave of absence or transfer. If the same position is not available on the unit member’s scheduled return date, the District will provide her a comparable position on her scheduled return date or within 60 calendar days of that return date. However, the unit member will not be entitled to any greater right to reinstatement than if she had not taken the leave. For example, if a unit member would have been laid off had she not gone on leave, or if the unit member’s position has been eliminated during the leave, then the unit member will not be entitled to reinstatement.
d. Failure to return to work at the conclusion of the leave of absence may result in termination of employment, unless a unit member is taking additional leave provided by law or District policy or the District has otherwise approved the unit member to take additional time off.
7. Pay While On Leave
Pregnancy disability leaves of absence and accommodations that require a unit member to work a reduced work schedule or to take time off from work intermittently are unpaid. A unit member will be required to use accrued sick leave and extended sick leave benefits during the unpaid leave of absence. However, use of paid time off will not extend the available leave of absence time. Sick leave hours will not accrue during any unpaid portion of the leave of absence, and a unit member will not receive pay for official holidays that are observed during her leave of absence except during those periods when the unit member is substituting sick leave or extended sick leave for unpaid leave.
a. The District will maintain a unit member’s health insurance benefits during a unit member’s Pregnancy Disability Leave for a period of up to four months, as defined above, on the same terms as they were provided prior to the leave time. If a unit member takes additional time off following a Pregnancy Disability Leave that qualifies as California Family Rights Act (“CFRA”) leave, the District will continue the unit member’s health insurance benefits for up to a maximum of 12 workweeks in a 12-month period.
EXAMPLE: A unit member takes 17.33 workweeks off due to a pregnancy disability. Assuming the unit member is eligible for FMLA and CFRA leave, her Pregnancy Disability Leave will also be concurrently covered by FMLA and her group health insurance coverage would continue for the entire 17.33 workweek period. If, after the unit member’s pregnancy disability leave and FMLA Leave, has been completed, she wishes to take 12 additional weeks off
from work to bond with a new baby under CFRA, the District will continue her health insurance benefits for the 12 workweek period.
b. In some instances, the District may recover premiums it paid to maintain health insurance benefits if a unit member fails to return to work following her pregnancy disability leave for reasons other than taking additional leave afforded by law or District policy or not returning due to circumstances beyond her control.
9. To the extent the leave for disabilities caused by pregnancy, miscarriage, childbirth, and recovery therefrom, in the opinion of the unit member’s health care provider, needs to extend beyond the period provided above, the dates of such leave shall be determined by the unit member and the unit member’s health care provider.
D. Unpaid FMLA/CFRA Leave
1. Employees who have completed one (1) year of service and who are employed at least 1,250 hours per year have the right to request unpaid leave of absence for up to 12 work weeks (60 work days) within a rolling 12 month period for the purpose of caring for a new baby, a newly adopted baby, or a newly placed foster child or for a child, spouse, domestic partner or parent with a serious health condition. This leave may also be taken for the purposes of the employee’s own illness; however, it runs concurrently with extended sick leave or industrial illness leave. Family care and medical leave shall not run concurrently with pregnancy disability leave or sick leave or extended sick leave used for pregnancy disability.
2. There is no carryover of unused family leave from one 12-month period to the next 12- month period.
3. “Parent” means a biological, foster or adoptive parent, a stepparent, or a legal guardian. “Child” means a biological, adopted or foster child, a stepchild, a legal ward under 18 years of age or an adult dependent child who is incapable of self-care because of a mental or physical disability.
4. If both parents of a child who are entitled to family care leave under section Article 16.D.1 are employees of the District, the Board shall not be required to grant leave in connection with the birth, adoption, or foster care of a child that would allow the parents family care leave totaling more than the 12 weeks specified in Article 16.D.1. The two employee parents or domestic partners shall share the allowable 12 weeks of leave.
5. The employee shall provide reasonable advance notice to his/her immediate supervisor of the need for family care leave, the date the leave will begin, and the estimated duration of the leave. If the need for a leave becomes known more than thirty (30) days before the date a leave is to begin, the employee must provide at least thirty (30) days written advance notice.
6. The supervisor may require the employee to verify the health condition of the child, spouse, domestic partner or parent. The medical verification shall be provided by the treating health professional. When leave is taken for the employee’s own illness, the District may send the employee to a physician selected by the District at the District’s expense.
7. Family care leave is an unpaid leave of absence.
8. The District shall continue to pay its usual contributions toward the employee’s health benefits for up to twelve work weeks during a 12-month period for an employee on family care leave.
9. The District shall grant military exigency leave and service member leave in accord with federal law.
E. Use of Sick Leave/Extended Sick Leave On Maternity/Paternity Leave (Baby Bonding
1. Effective January 1, 2016, during each school year, if an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his/her duties on account of maternity or paternity leave taken pursuant to the CFRA/FMLA as set forth in Article 16.D for a period of up to 12 school weeks, whether or not the absence arises out of or in the course of the employment of the employee, the employee shall receive the difference between his/her salary and that of a substitute, whether or not a substitute has been employed.
2. The 12-week period referenced in Article 16.A.10.a.1 shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of maternity or paternity leave taken pursuant to the CFRA/FMLA as set forth in Article 16.DF.
3. An employee shall not be provided more than one 12-week period per maternity or paternity leave. However, if a school year terminates before the 12-week period is exhausted, the employee may take the balance of the 12-week period in the subsequent school year.
4. For purposes of this Section, “maternity or paternity leave” is defined as leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee.
F. Leave Without Pay for Child Rearing
1. If a unit member exhausts his/her entitlement to FMLA Leave as referenced in Article 16.D, the District may grant leave without pay or other benefits to a unit member for child rearing (hereinafter referred to as “parental leave”).
2. The unit member shall request such leave as soon as practical, and, barring an emergency, not less than ninety (90) work days prior to the date on which the leave is to begin. Such request shall be in writing and shall include a statement as to the dates the employee wishes to begin and end the leave without pay.
3. The determination as to the date on which the leave shall begin and the duration of such leave shall be subject to the approval of the Superintendent or designee when considering the scheduling and replacement problems of the District.
4. The duration of such leave shall consist of no more than twelve (12) consecutive months and shall automatically terminate on June 30th in the school year in which such leave is granted. An extension of leave may be granted, not to exceed an additional twelve (12) months.
5. The unit member is not entitled to the use of any accrued sick leave or other paid leave
while the member is on parental leave.
6. There shall not be a diminution of employment status for leave taken under this Section except that no person shall be entitled to compensation or increment, nor shall the time taken on parental leave count toward credit for probationary teachers in earning tenure status.
7. If a teacher is on parental leave and in the event of the death of the child subsequent to childbirth, the unit member may request to return to work. Whenever possible, the District shall place the teacher in the same or a comparable position.
8. In the event of a parental leave that is scheduled to end prior to the conclusion of a school year, the unit member shall notify the District no later than sixty (60) calendar days prior to the termination date of the leave concerning the unit member’s intent to return to service in the District at the end of the leave. In the event of a parental leave that is scheduled to end at the conclusion of a school year, the unit member shall notify the District no later than April 1st of the unit member’s intent to return to service in the District at the end of the leave.
G. Bereavement Leave
1. A unit member shall be entitled to a maximum of three (3) days leave of absence, or five (5) days of absence if out-of-state travel is required, without loss of salary on account of the death of any member of his or her immediate family.
2. For purposes of this provision, an immediate family member shall be limited to the mother, father, grandmother, grandfather, or a grandchild of the unit member or of the spouse or registered domestic partner of the unit member, and the spouse or registered domestic partner, son, son-in-law, daughter, daughter-in-law, brother-in-law, sister-in- law, brother or sister of the unit member, or any relative living in the immediate household of the employee, and such others as the Superintendent or his/her designee may approve in writing in individual cases.
3. If additional absence is required for such purpose, personal necessity leave may be granted by the District.
H. Personal Necessity Leave
1. Each unit member may use a maximum of ten (10) days of his or her accumulated sick leave during each school year for purposes of personal necessity. In all cases, the unit member must follow the District’s absence procedure.
2. For purposes of this provision, personal necessity shall be limited to:
a. Death or serious illness of a member of the unit member’s immediate family as defined under Bereavement Leave.
b. An accident which is unforeseen involving the unit member’s person or property, or the person or property of the unit member’s immediate family.
c. Five of the ten personal necessity leave days may be used by the unit member without explanation. These five “non-explanation days” may not be used the day before or the day after a school holiday. The unit member shall give prior notice to the Superintendent/designee by calling the sub line at least the day before the absence.
d. Other personal necessity leaves may be granted at the discretion of the Superintendent/designee. The criteria for such “other personal necessities” shall include, but not be limited to, those circumstances which the unit member has no control in scheduling. The District may require reasonable verification. These “other personal necessities” shall typically not be granted for purposes of extending vacations, running outside business interests, or matters that can be taken care of outside the unit member’s hours of work. Decisions made at the site level regarding personal necessity leaves may be appealed to the Assistant Superintendent, Human Resources or his/her designee.
e. Personal necessity shall also include days a unit member participates at his/ or her child’s school or daycare in activities sponsored, supervised, or approved by the school or daycare. A unit member may not use more than a total of five (5) personal necessity days per school year for this purpose.
3. A unit member must obtain prior approval from the Superintendent/designee for any personal necessity leave request with the exception of those leaves outlined above in Article 16.H.2.
4. When the approval of the Principal is sought after the absence, consistent with the requirements for absences under Article 16.H.2, the District-supplied form applying for such approval must be submitted no later than the end of the first day the unit member returns to work following the personal necessity leave of absence being requested, unless circumstances beyond the unit member’s control require that it be submitted within a reasonable time thereafter. Failure by a unit member to either apply for approval in advance, consistent with the requirements for absences under Article 16.H.2, or to timely apply after return to work in the case of all absences under Article 16.H.2 will result in a deduction in pay for the time missed.
I. Kin Care Leave
Each school year, full-time unit members shall be entitled to use up to six (6) days of leave authorized by Article 16.A.1 or 16.A.2 above for the purpose of caring for an ill child, spouse, registered domestic partner or parent.
J. Jury Duty
Unit members shall be granted an authorized absence not to be charged against sick leave, when serving on jury duty in the manner provided by law. A unit member, while serving jury duty, shall receive his/her regular salary less any amount received as jury fees, exclusive of reimbursement for travel or other expense.
K. Industrial Accident Leave
1. Unit members will be entitled to industrial accident leave according to the provision in the California Education Code for personal injury which has qualified for worker’s compensation under the provisions of the State Workers’ Compensation Insurance Program.
2. Such leave shall not exceed sixty (60) days during which the schools of the District are required to be in session or when the employee would otherwise have been performing work for the District in any one fiscal year for the same industrial accident. When the industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused leave due the member for the same illness or injury. Such leave shall not be accumulated from year to year and shall be subject to all governing laws and regulations of the State of California.
3. The District has the right to have the unit member examined by a District-designated physician who is a specialist in the particular area to assist in determining the length of time during which the unit member will be temporarily unable to perform assigned duties and the degree to which a disability is attributable to the injury involved.
4. For any days of absence from duty as a result of the same industrial accident, the unit member shall endorse to the District any wage loss benefit check under the State Workers’ Compensation Insurance program which would make the total compensation from both sources exceed 100 percent (100%) of the amount the unit member would have received as salary had there been no industrial accident or illness.
5. If the unit member fails to endorse to the District any wage loss disability, indemnity check received on account of the industrial accident or illness as provided above, the District shall deduct from the unit member’s salary warrant, the amount of such disability indemnity actually paid to and retained by the unit member.
6. Upon expiration of this leave, the unit member shall be assigned to the position held previous to the accident/illness, or if the position no longer exists, or if the program would be seriously disrupted, the unit member shall be assigned to a comparable position.
L. Leave for Educational Improvement
1. Unit members may be granted a leave of absence by the Board for the purpose of
educational improvement, subject to the following conditions:
a. Before requesting leave from the Board, the applicant shall submit a proposed program for his/her educational improvement to the Superintendent for approval.
This proposed program may include college or university study. It may also include appropriate work experience in the applicant’s teaching field or proposed teaching field.
b. Such leaves are granted for one year and may be subject to renewal as per the original conditions stated in (1) above.
c. Such leaves are granted without pay.
2. Applications must be submitted to the District’s Human Resources Department and the applicant will be notified of the decision of the Board within five (5) working days after that decision has been made.
3. Notification should be made to the District no later than May 1 concerning the decision of the member to return to the District the subsequent school year.
4. Upon return, the unit member shall submit a report to the Superintendent summarizing the outcome of his/her program.
M. Sabbatical Leave
The Board may upon the recommendation of the Superintendent grant a sabbatical leave according to the following:
1. Sabbatical leaves are granted for the purpose of permitting unit members to complete further study at a college or university for the benefit of the educational program and the pupils of the District.
2. Before requesting leave from the Board, the unit member shall submit a planned program of study for the review of the principal of the school in which the member is serving. The principal shall submit such application, together with his/her recommendations, to the Superintendent or designee.
3. The application must include a clear definition of the purpose(s) and statement of specific
objectives to be obtained from the leave.
4. The unit member must clearly indicate in the written proposal how the achievements from the leave would or could be made available for enrichment of the program taught by the unit member, or one contemplated by the District.
5. The unit member on sabbatical leave shall complete a minimum of 18 semester units of work during the sabbatical year, not less than 8 semester units of which shall be completed during each semester while on leave. Correspondence courses may not be included in this total.
6. A unit member is eligible to apply for sabbatical leave who has served the District for seven consecutive years and is not, at the time of application or when sabbatical leave would be scheduled to commence, on a Performance Improvement Plan. No more than 1% of the unit members will be granted a sabbatical leave in any one year. The Board has discretion not to grant any sabbaticals for a year in which there is no COLA from the state or for a school year immediately following a no-COLA year.
7. Unit members whose request for sabbatical leave has been granted by the Board receive one-half of their yearly salary for the year that they are on leave, plus the current health and dental insurance coverage. Sabbatical leaves are granted for a full school year only.
8. The unit member who has taken sabbatical leave will file with the Superintendent a detailed report within twenty (20) school days after the return, giving evidence that the agreed-upon program has been completed.
9. A year of sabbatical leave shall be counted as a year of experience on the salary schedule. College credits earned during sabbatical leave may be utilized to meet the requirements for professional growth on the salary schedule, and/or for change of classification.
10. It will be the responsibility of the unit member requesting leave to post a bond with a bonding company to insure compliance with these rules and regulations. No salary payments will be made by the District to the member on leave unless such a bond is posted.
11. Applications must be submitted to the District’s Human Resources Department no later than January 15th of the year preceding the school year for which the leave is requested, and the applicant will be notified of the decision of the Board within five (5) working days after that decision has been made, with notification being completed by March l5th.
N. Association Leaves
1. The Association, for purposes other than grievance representation and negotiating, shall have a maximum total of ten (10) days of paid leave subject to the condition that the cost of substitutes will be borne by the Association.
2. Names and Association representatives, by office held, shall be submitted in writing to the Office of the Superintendent no later than November 1 of each year, and again by February 1.
3. Upon five (5) days advance written notice to the Office of the Superintendent by the Association president, any officer named in this list submitted pursuant to Section 2 above shall be excused from school duties within the limits and under the conditions set by this provision.
4. The District will pay for one full release period (one-fifth or 0.2 FTE) for the Association President. The District agrees that CHSTA may choose to offer a second release period (one-fifth or 0.2 FTE) for a CHSTA representative provided that CHSTA pays the full cost of the release period upon being invoiced by the District. The District will invoice CHSTA twice annually – in January and June – each invoice for specific periods of the current fiscal year. If the District issues the June invoice to CHSTA on or before May 1st, then CHSTA will pay the invoice no later than June 30th. If the June invoice is issued after May 1st, then CHSTA will pay the invoice no later than September 30th. Both release periods may be offered to the Association President. CHSTA acknowledges that it is preferred that the second release period not be assigned to a unit member at the same site as the President. If CHSTA wishes to assign the release period to a second member at the President’s site, the Association agrees to meet with the Assistant Superintendent, Human Resources within five days to review the situation and staffing alternatives.
O. Unpaid Leave
A unit member may apply to the Board for up to one (1) year of unpaid leave and the Board has the sole discretion to grant said leave. For the leave to be considered by the Board, the unit member must request the leave a minimum of three (3) months prior to the beginning date of the proposed leave, the District must be able to find an acceptable replacement and the leave may not be coupled with any other leave. Additionally, the leave will normally not be granted if the unit member has fewer than 12 years of District service, is subject to an improvement plan or is contracted to teach in another school district during his/her leave.