ARTICLE XXX:    YEAR-ROUND EDUCATION....................................................................................... 76

A.         Staffing of Existing School Site Being Converted to Year

Round Education............................................................................... 76

B.         Track Selection at YRE Site............................................................... 76

C.         Preferential Placement of Employees' Children..................................... 78

D.         Work Year for YRE Specialists........................................................... 78

E.         Scheduling of Pay Upon Termination of YRE Program........................... 79

 

ARTICLE XXXI:   MEDICARE............................................................................................................... 80

 

ARTICLE XXXII:  PROCEDURES FOR MODIFYING THIS AGREEMENT................................................. 81

 

ARTICLE XXXIII: COMPLETION OF MEETING AND NEGOTIATIONS..................................................... 82

 

SIGNATURE PAGE....................................................................................... 83

 

APPENDIX "A"  REQUEST FOR RECOGNITION FORM....................................................................... 84

 

APPENDIX "B"  MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT

YEARLY GOAL PLAN - 19      /19      ............................................................ 87

 

APPENDIX "C"  MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT

CERTIFICATED EVALUATION REPORT......................................................... 89

 

APPENDIX "D"  MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT

CLASSROOM OBSERVATION FORM............................................................ 92

 

APPENDIX "E" MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT

1999/2000 SALARY SCHEDULE.................................................................... 95

 

APPENDIX "F"   ADDITIONAL RESPONSIBILITY/SERVICES

SALARY SCHEDULE.................................................................................... 96

 

 

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ARTICLE I:                   THE AGREEMENT

 

This Agreement is made and entered into this 1^st  day of July, 1999, between the Marysville Joint Unified School District ("District") and the Marysville Unified Teachers Association/CTA/NEA ("Association") for the term July 1, 1999, through June 30, 2002.

 

ARTICLE II:                  REPRESENTATION

 

The Marysville Joint Unified School District (hereinafter referred to as "District") confirms its recognition of the Marysville Unified Teachers Association, (hereinafter referred to as "Association") as the exclusive representative for that unit of employees recognized by the District pursuant to its resolution dated May 4, 1976.  (See Exhibit "A").

ARTICLE III:                 THE ASSOCIATION

 

A.         Right of Access

 

Representatives of the Association representing certificated employees shall have the right of access at reasonable times to areas in which employees work. 

 

"Reasonable times" are defined as:

 

1.         Before the workday begins.

 

2.         The duty-free lunch period.

 

3.         At the end of the workday.

 

4.         During off-duty times.

 

The right to use a bulletin board, mailboxes, and other means of communication subject to reasonable regulation, and the right to use school facilities for the purpose of meetings pursuant to Government Code section 3544.1 or 3544.7 at such times when these meetings do not interfere with the operation of the educational programs of the schools.

 

B.         Right to Represent

 

Only that employee organization may represent that unit in their employment relations with the public school employer.  Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provision for dismissal of individuals from membership.  (Government Code section 3543.1.)

 

C.         Release Time

 

A reasonable number of representatives of the Association shall have the right to receive reasonable periods of release time without loss of compensation when meeting and negotiating and for the processing of grievances.  (Government Code section 3543.1.)

 

ARTICLE IV:                 LEAVES AND ABSENCES

 

A.         Illness or Injury

 

The basic Education Code provisions regarding the employees' leaves are found in Section 44978.  Every certificated employee covered by this Agreement employed five (5) days a week by the Marysville Joint Unified School District shall be entitled to eleven (11) days leave of absence for illness or injury and such additional days thereto as the Governing Board may allow for illness or injury, exclusive of all days he/she is not required to render services to the District, with full pay for a school year of service.

 

Every employee covered by this Agreement employed five (5) days a week and required to report for service twelve (12) months a year by this school district shall be entitled to 13.2 days leave of absence for illness or injury and such additional days in addition thereto as the Governing Board may allow for illness or injury, exclusive of all days he/she is not required to render service to the District, with full pay for a school year of service.  A certificated employee employed under contract for less than five (5) school days shall be entitled, for a school year of service, to that proportion of the leave of absence for illness or injury as the number of days he/she is employed per week bears to five (5) and is entitled to such additional days in addition thereto as the Governing Board may allow for illness or injury to certificated employees employed for less than five (5) school days per week.  Pay for any day of absence shall be the same as the pay which would have been received had the employee served during that day.

 

Certificated employees employed for more than ten (10) months service but less than twelve (12) months service shall be entitled to leave of absence for illness or injury that is a proportion of their months of service.  Employees employed for ten and one-half (10½) months service shall be entitled to 11.55 days of sick leave, eleven (11) months of service shall be entitled to 12.1 days of sick leave, etc.

 

Those members of the unit for which the Association is the exclusive representative, who are employed in the summer or the Adult Education Program in positions requiring certification, shall be entitled to that proportion of the leave of absence for illness/injury as is relative to the number of days and/or hours worked by the employee.

 

Credit for leave of absence for illness or injury need not be accrued prior to taking such leave by the employee and such leave of absence may be taken at any time during the school year.  If such employee does not take the full amount of leave allowed in any school year under this policy, the amount not taken shall be accumulated from year to year.

 

In case of official quarantine of the employee's place of residence, the employee will be allowed full pay during the period of enforced quarantine, even though this is greater than the employee's accumulated sick leave.

 

The District may require a physician's verification of illness.

 

B.         Association President Release Time Leavetc \l2 "B. Association President Release Time Leave

 

The District shall allow the Association president or his/her designated representative release time without pay deducted, in order to conduct pertinent business as the exclusive representative, provided the Association shall pay to the District the entire amount which is paid to his/her replacement.  Release time pursuant to this provision shall not exceed twenty-five (25) days release time for the president and ten (10) days for other designated representatives.  The total release days shall not exceed ninety-four (94) days.

 

Release time granted in this Article shall not include other release time provided, pursuant to Government Code section 3543.1 (b).  The president of the Association or designated representative shall give a five (5) day notice of his/her intent to use the provisions of this leave.

 

The District shall submit invoices to the Association monthly which shall be payable by the Association within ten (10) days.

 

C.         Health

 

The Board shall grant an employee, upon request, an unpaid leave for health reasons.  Such leave shall be for a minimum of one (1) semester and a maximum of one (1) school year.

 

1.         A statement by the employee's physician to the effect that the employee is entitled to such leave shall be furnished at the Board's request.

 

2.         The employee shall notify the Board of his/her intended return date at least two (2) weeks in advance.

3.         Health leave shall be granted if an employee is temporarily unable to perform his/her services because of illness or accident.

 

D.         Extended Illness

 

If an employee has utilized all of his/her accumulated sick leave and is still absent from his/her duties on account of illness or accident for a period of five (5) school months or less, then the amount of salary deducted in any month shall not exceed the sum which was actually paid a substitute or fifty percent (50%) of the salary due him/her during the period of absence, whichever is the lesser amount.  The five (5) months or less period during which the above deductions occur shall not begin until all other paid sick leave provisions for which he/she is eligible have been exhausted.

 

E.         Maternity

 

Under authority of the Education Code section 44965, the Governing Board of the Marysville Joint Unified School District shall provide for the leave of absence from duty for any certificated employee of the District who is required to be absent from duties because of disability caused or contributed to by pregnancy, miscarriage, childbirth, and recovery there from.  The length of the leave of absence, including the date on which the leave shall commence and the projected date on which the employee shall resume duties, shall be determined by the employee, and the employee's physician, subject to the approval of the District.

 

Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery there from are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by this School District under the conditions of Article IV.A. of this Agreement.

 

This Agreement shall be construed as requiring the Governing Board of this District to grant leave with pay only when it is necessary to do so in order that leaves of absence for disabilities caused or contributed to by pregnancy, miscarriage, or childbirth be treated the same as leaves for illness, injury, or disability.

 

Upon confirmation of pregnancy, the employee shall within a reasonable time notify her Principal and the Assistant Superintendent of Personnel in writing.  The beginning and projected ending dates of the sick leave shall be determined on the basis of the employee's physical condition as certified by her physician.  This physician's certification of physical disability shall be in writing and submitted to the Assistant Superintendent of Personnel.

 

The request for leave will be submitted to the Board of Trustees at the next regular meeting after receipt of the request.

 

Upon certification in writing by the physician that the physical disability due to the pregnancy, miscarriage, childbirth, has ended and the employee is physically able to return to work, on such date as certified by the physician, she would be expected to return to work and would be required to notify the Assistant Superintendent of Personnel in writing that she is able to return to her contractual assigned position.

 

In the event the certificated employee wishes to extend her maternity leave beyond the date that the physician has certified as the end of her recovery period, she must make the request to the Assistant Superintendent of Personnel in writing stating the reasons for the request and date when the extended leave will end.  Such extended maternity leave beyond the disability period will be without sick leave or other pay nor will she be paid for legal or local holidays.

 

At the end of the extended leave, she must submit a request in writing to the Director of Personnel that she be assigned a teaching position in the District.

 

F.         Leave for Legal Procedures of Child

 

All legal matters relating to the adoption of a child involving court appearances, shall be a judicial matter and therefore shall be considered within the scope of the Jury Leave Section of these rules and regulations.

 

G.         Absence for Jury Duty and Court

 

Employees may be absent from duty to service as jurors or court witnesses, without loss of pay.  Fees paid the employee for services as juror shall be payable to the School District.  A separate mileage fee, if provided, shall remain the properties of the employee.

 

H.         Legislative

 

An employee who is elected to any legislative public office shall be entitled to an unpaid leave of absence for the length of his/her term or terms in office, provided that the time does not exceed the number of months as specified in the Education Code section 44801.

 

An employee on such leave shall notify the Board of his/her intended return at least six (6) weeks in advance.

 

The employee on such leave shall be entitled to return to employment at the end of the leave.

 

I.          Bereavement Leave

 

Every teacher shall be granted a minimum of four (4) days leave with full pay in the event of death of any member of the immediate family or upon receiving official notice that a member of the immediate family is "missing in action."  This leave shall not be deducted from sick leave.  "Members of the immediate family" include the mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse of the employee; and the spouse, son, son-in-law, daughter, daughter-in-law, brother, sister, or any relative living in the immediate household of the employee.  A four (4) day bereavement leave shall be granted for each death described above even though more than one death occurs simultaneously; such leaves shall be consecutive.

 

An additional two (2) day paid leave shall be allowed for time required to travel any distance in excess of three hundred (300) miles or for out-of-state travel.  If the employee requests, he/she shall be granted up to an additional six (6) days of leave in any one (1) year for bereavement purposes which shall be charged to his/her accumulated sick leave.

 

One (1) day of bereavement leave shall be granted upon request in the event of death of brother-in-law  or sister-in-law; no out-of-state travel shall be included.

 

The District shall require the use of bereavement leave before personal necessity leave days are used.  Request for bereavement leave shall be made through the building principal to the Assistant Superintendent of Personnel.

 

J.          Leave of Absence - Child Care

 

Upon request, the District shall grant a teacher an unpaid leave of absence for child care purposes.  Such request shall be made four (4) weeks prior to beginning of said leave and shall remain in effect for the remainder of the semester during which the leave was taken.

 

The teacher shall be entitled to return to the same teaching assignment held prior to the leave.  The teacher shall be entitled to assume the cost of all economic fringe benefits covered in these rules and regulations while on leave; if the teacher does not exercise this right within two (2) weeks after the beginning of the leave, these fringe benefits shall cease.

 

Upon request, the District shall extend the teacher's leave of absence for a second semester.  At the end of the extended leave, the teacher must submit a request in writing that he/she be assigned a teaching position in the District.  The teacher taking the extended leave shall be entitled to assume the cost of all economic fringe benefits covered in this Agreement; if the teacher does not exercise this right within two (2) weeks after the beginning of the leave, these fringe benefits shall cease.

 

Upon request, the District may extend the teacher's leave for a maximum of one (1) year.  At the end of the extension such teacher shall not be entitled to return to the same position and shall not receive credit for a second annual salary increment.  The teacher shall be entitled to assume the cost of all economic fringe benefits; if the teacher does not exercise this right within two (2) weeks after the beginning of the leave, these fringe benefits shall cease.

 

A teacher shall be entitled to ten (10) days leave at difference pay for the purpose of caring for the child or the mother of the child.

 

The teacher shall receive credit for annual salary increments provided during the leave only if he/she has completed sixty percent (60%) of the total days of service for the school year.

 

K.         Industrial Accident and Illness Leave

 

Certificated employees shall be entitled to industrial accident or illness leaves of absence under the following provisions:

 

1.         Allowable leave shall be seventy-five (75) working days in any one (1) fiscal year for the same accident.  The employee shall furnish to the District notification from the employee's physician.

 

2.         Allowable leave shall not be accumulated from year to year.

 

3.         Industrial accident or illness leave shall commence on the first day of illness/accident and terminate upon release by the attending physician in writing.

 

4.         When a certificated employee is absent from his/her duties on account of industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.

 

5.         Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability award.

 

6.         When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him/her for the same illness or injury.

 

7.         Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Education Code sections 44977, 44978 and 44983, and for the purposes of each of these Sections, his/her absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that if the employee continues to receive temporary disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.

 

8.         During any paid leave of absence, the employee may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness.  (Reimbursement of expenses and settlements are not reported or endorsed to the District.)  The District shall issue the employee appropriate salary warrants for payment of the employee's regular salary and may deduct normal retirement, other authorized contributions, and amounts the employee received for indemnity benefits.  Credit shall be given to the employee's accumulated sick leave, vacation, or compensated time off in an amount of time proportionate to the compensated monies received when such leave has been charged.

 

9.         When all available paid leave of absences have been exhausted and if the employee is not medically able to return to work, the employee may use the difference pay leave as authorized in Education Code section 44977 and governed by regulations adopted by the Board of Trustees.

 

10.        Any employee receiving benefits as a result of these rules and regulations shall, during period of injury or illness, remain within the State of California unless the Governing Board authorizes travel outside the state.  (Education Code section 44984.)

 

L.         Sabbatical Leave Procedures

 

A sabbatical leave may be granted to employees in positions requiring certification by the District related to education for study, including study in another area of specialization, for travel, or for other reasons of value to the school system, subject to the following conditions:

 

1.         In case of travel, a written report shall be required to be submitted at the end of the sabbatical period.

 

2.         Requests for sabbatical leave must be received by the Superintendent in writing in such form as may be mutually agreed on by the Association and the Superintendent, not later than February 15th, and action must be taken on all such requests no later than April 15th, of the school year preceding the school year for which the sabbatical is requested.

 

3.         Not more than one (1) such leave of absence shall be granted in each seven (7) year period.  (Education Code sections 44966 and 44967.)

 

4.         Should the time ever occur when there are more requests for sabbatical leave than can be met financially by the District, the requests shall be honored in order of seniority of service.

 

5.         Absence from the service of the District for a period of not more than one (1) year under a leave of absence, without pay, granted by the Governing Board of the District for service under a nationally recognized fellowship or foundation approved by the State Board of Education for research, teaching, or lecturing shall not be deemed a break in the continuity of service required by this section and shall be included as a year of service in computing the seven (7) consecutive years of service required by this section.

 

6.         At the expiration of the leave of absence of the employee, he/she shall, unless he/she otherwise agrees, be reinstated in the position held by him/her at the time of the granting of the leave of absence.  (Education Code sections 44969 and 44973.)

 

7.         The Governing Board shall be freed from any liability for the payment of any compensation or damages provided by law for the death or injury of any employee of the District employed in a position requiring certification qualifications when the death or injury occurs while the employee is on any leave of absence granted under the provisions of state law.  (Education Code section 44974.)

 

8.         Upon return from sabbatical leave, an employee shall be placed on the salary schedule at the level which he/she would have achieved had he/she remained actively employed in the system during the period of his/her absence.

 

9.         Sabbatical leave must be preceded by at least seven (7) consecutive years of service, all of which have been served as a regular full-time employee in the School District.  Service of at least seventy-five percent (75%) of the teaching days in each year counts as a full school year.  Any year in which the applicant has served some days, but fails to serve seventy-five percent (75%) of the days shall not be considered as an interruption in the seven (7) consecutive year period.  Sabbatical leaves beginning within four (4) years of the applicant's compulsory retirement date shall not be approved.

 

10.        The number of certificated employees absent on sabbatical leave at one time shall not exceed two percent (2%) of the total number of certificated employees.

 

11.        Sabbatical leave will be granted for no more than a total of one (1) year.

 

12.        Compensation while on sabbatical leave shall be in accordance with the provisions of the School District salary schedule in effect during the period of the leave.  The Board and teacher shall mutually agree on a pay schedule at least thirty (30) days before commencing such leave.

 

13.        Applicants may agree in writing not to receive compensation from the school district during the period of the leave.  (Education Code section 44968.5)

 

14.        The employee who is on sabbatical leave must notify the Assistant Superintendent of Personnel of his/her intention to return to duty three (3) months before resuming duties.

 

15.        At the expiration of the leave of absence of the employee, he/she shall, unless he/she otherwise agrees, be reinstated in the school position held by him/her at the time of the granting of the leave of absence.  (Education Code section 44973.)

 

16.        Employees requesting a sabbatical leave would be required to post a suitable bond paid for by the employee.  If the employee gives the District five (5) additional years of service, he/she will be released from the bond requirement.

 

17.        All monies paid to any employee would be reimbursed to District if that employee leaves the District before five (5) additional years of employment service.  (Education Code sections 44966 - 44975.)

 

M.        Military Leave

 

Any employee shall be entitled to any military leave provided by the law and shall retain all rights and privileges granted by law arising out of the exercise of military leave.  The District shall not adopt any policy or rule, written or unwritten, which requires any certificated employee to waive any part or all of any leave to which he/she may be entitled to have in accordance with this section.

 

After the receipt of orders the employee shall notify his/her immediate supervisor, on the next working day, and provide a copy of these military orders.  (Education Code 44960, 44963, 45059, 44800, Veterans Code 389 and 395.)

 

N.         Personal Necessity Leave

 

1.         All days of leave of absence for illness or injury allowed pursuant to Paragraph A of this Article may be used by the employee, at his/her election, in case of personal necessity.  The Governing Board of the District shall adopt rules and regulations requiring and prescribing the manner of proof of personal necessity for purposes of this section.  The employee shall not be required to secure advance permission for leave taken for any of the following reasons:

 

a.         Death or serious illness of a member of his/her immediate family.

 

b.         Accident involving his/her person or property or the person or property of a member of his/her immediate family.

 

2.         Up to seven (7) days of absence allowed pursuant to Paragraph A of this Article may be granted for other circumstances of personal necessity that (1) requires the immediate presence of the teacher to prevent serious economic loss or disruption of the teacher's personal life and (2) cannot be resolved outside the teacher work day.  Whenever possible, two (2) days advance notice should be provided.

 

3.         Personal necessity leave cannot be used for recreation, engaging in other employment or any illegal or concerted labor activities.

 

O.         Personal Necessity Leave at Difference Pay

 

Up to ten (10) days of leave of absence per year may be granted an employee at his/her election, in cases of personal necessity.  Such leave shall be on a difference pay basis with the employee receiving the difference between his/her salary and the amount paid the substitute at the current adopted substitute salary schedule.  The Governing Board of the school district shall adopt rules and regulations that prescribe the manner of proof of personal necessity for purposes of this section.

 

The employee shall not be required to secure advance permission for leave taken for any of the following reasons:

 

1.         Death or serious illness of a member of his/her immediate family.

 

2.         Accident involving his/her person or property or the person or property of a member of his/her immediate family.

 

No such accumulated leave in excess of the ten (10) days may be used in any school year for the purposes enumerated in this section.

 

P.         Catastrophic Leave Bank

 

1.         Creation and Purpose

 

a.         The Association and the District agree to create a Catastrophic Leave Bank ("Bank") effective July 1, 1994.

 

b.         The Bank will permit unit member employees of the District ("Unit Member") to donate eligible sick leave credits to a Unit Member through the Bank when that Unit Member or a member of his/her family suffers a catastrophic illness or injury.

 

c.         "Catastrophic illness or injury" is defined as an illness or injury that is expected to incapacitate the Unit Member for an extended period of time or that incapacitates a member of the Unit Member's family which incapacity requires the Unit Member to take time off from work for an extended period of time to care for that family member and taking extended time off work creates a financial hardship for the Unit Member because he/she has exhausted all his/her sick leave and other paid time off.

 

d.         "Unit Member's family" is defined as husband, wife, son, daughter, stepchildren or mother and father of the Unit Member.

 

e.         Days in the Bank shall accumulate from year to year.

 

f.          Days shall be contributed to the Bank and withdrawn from the Bank without regard to the daily rate of pay of the Bank participant.

 

g.         The Bank shall be administered by a Joint Committee ("Committee") of two (2) members appointed by the Association and one (1) member appointed by the District.

 

2.         Eligibility and Contributions

 

a.         All Unit Members on active duty with the District are eligible to contribute to the Bank.

 

b.         Participation is voluntary, but requires contribution to the Bank.  Only contributors will be permitted to withdraw from the Bank.

 

c.         Unit Members who elect not to join the Bank upon first becoming eligible must wait until the open enrollment period (July 1 - October 15) or the next date of assessed contribution.  (See below Section 2.h.), and then must contribute at least one (1) day of sick leave or the actual assessment.

 

d.         The contribution, on the appropriate form, must be authorized by the Unit Member.

 

e.         Cancellation occurs automatically whenever a Unit Member fails to make his/her contribution or assessment.  Cancellation, in writing, may be effected at any time and the Unit Member shall not be eligible to draw from the Bank as of the effective date of cancellation.  Sick leave previously authorized for contribution to the Bank shall not be returned regardless of circumstance.

 

f.          Contributions shall initially be made between July 1 and February 15 for the 1994/95 school year.  Unit Members returning from leave which included the enrollment period and new hirees will be permitted to contribute within thirty (30) calendar days of beginning work.  The District shall supply enrollment forms for the Bank to all new Unit Members and those Unit Members returning from leave.

 

g.         Unit Members wishing to participate in the Bank shall make an initial contribution of one (1) day of sick leave plus any other days assessed not to exceed two (2) days during the first year of participation.  Part-time employees will have their contribution prorated.

 

h.         The Committee may require, at any time, an additional day or days of assessed contribution of participants if the number of days in the Bank falls below one hundred (100) days.  Bank participants who are drawing from the Bank at the time of the assessment will not be required to contribute to remain eligible to draw from the Bank.  If a Bank participant has no remaining sick leave at the time of the assessment, he/she need not contribute the additional day(s) to remain a participant in the Bank.  However, he/she shall be required to repay the assessment the following year.

 

3.         Withdrawal From the Bank

 

a.         Bank participants whose sick leave and other paid time off, including differential pay if applicable, is exhausted may withdraw from the Bank for catastrophic illness or injury.

 

b.         Participants must use all sick time and other paid time off, including differential leave if applicable, available to them before becoming eligible to withdraw from the Bank.

 

c.         The first ten (10) duty days of illness or disability must be covered by the participant's own sick leave, differential leave, or leave without pay the first time the participant qualifies for a withdrawal draw from the Bank.  For subsequent withdrawals within twelve (12) consecutive months for any unrelated catastrophic illness, the first five (5) duty days of illness must be covered by the participant's own sick leave, differential leave, or leave without pay.

 

d.         If a participant is incapacitated, applications may be submitted to the Committee by the participant's agent or member of the participant's family.

 

e.         Withdrawals from the Bank shall be granted in units of no more than thirty (30) duty days.  Participants may submit requests for extensions of withdrawals as their prior grants expire.  In no event shall such requested withdrawal exceed 60 calendar days in any school year.

 

f.          Participants applying to withdraw or extend their withdrawal from the Bank will be required to submit a doctor's statement indicating the nature of the illness or injury and the probable length of absence from work.  Members of the Committee shall keep information regarding the nature of the illness confidential.

 

g.         If a participant has drawn thirty (30) Bank days and requests an extension, the Committee may require a medical review by a physician of the Committee's choice at the participant's expense.  The Committee shall choose only a physician who qualifies under the District-offered insurance policy.  Refusal to submit to the medical review will terminate the participant's continued withdrawal from the Bank.  The Committee may deny an extension of withdrawal from the Bank based upon the medical report.

 

h.         Leave from the Bank may not be used for illness or disability which qualify the participant for Workers' Compensation benefits unless the participant has exhausted all Workers' Compensation leave, his/her own sick leave and other paid time off, including differential pay if applicable, and provided further that the member signs over any Workers' Compensation checks for temporary benefits to the District.  If there are any Workers' Compensation checks signed over to the Board, the Bank will not be charged days, or if charged, will be reimbursed the number of days for which the Workers' Compensation payment is equivalent to a regular day of pay at the negotiated rate for the participant.  If the District challenges the Workers' Compensation claim, the participant may draw from the Bank, but upon settlement of the claim, the Bank shall be reimbursed the days by the District.

 

i.          If the Bank does not have sufficient days to fund a withdrawal request, the Committee is under no obligation to provide days and the District is under no obligation to pay the participant any funds whatsoever.  If the Committee denies a request for withdrawal, or an extension of withdrawal, because of insufficient days to fund the request, they shall notify the participant, in writing, of the reason for the denial.

 

j.          Withdrawals shall become effective immediately upon the exhaustion of sick leave and other paid time off, including differential pay if applicable, and the waiting period provided for in Section 3.c., whichever is greater.  For example, if a participant contributed when first eligible to contribute (Section 2.f.) and had ten (10) days of accumulated sick leave when the illness began (Section 3.c.), he/she shall begin withdrawing upon the eleventh (11th) duty day, if otherwise eligible.  If the participant had fifteen (15) days of sick leave at the beginning of the illness, he/she shall begin withdrawing days on the sixteenth (16th) duty day.  If the participant had five (5) days of sick leave at the beginning of the illness, he/she shall begin withdrawing days on the eleventh (11th) duty day.

 

4.         Administration of the Bank

 

a.         The Committee shall have the responsibility of maintaining the records of the Bank, receiving withdrawal requests, verifying the validity of requests, approving or denying the request, assessing the viability of the Bank, and communicating its decisions, in writing, to the participants.

 

b.         The Committee's authority shall be limited to administration of the Bank. The Committee shall approve all properly submitted requests complying with the terms of this Article.  Withdrawals may not be denied on the basis of the type of illness or disability.

 

c.         Applications shall be reviewed and decisions of the Committee reported to the applicant, in writing, within ten (10) duty days of receipt of the application.

 

d.         The Committee shall keep all records confidential and shall not disclose the nature of the illness except as is necessary to process the request for withdrawal and defend against any appeals of denials.

 

e.         By November 1 of each school year except for the 1994/95 school year, the District shall notify the Committee of the following:

 

1)         The total number of accumulated days in the Bank on June 30th of the previous school year.

 

2)         The number of days contributed by Unit Members for the current year.

 

3)         The names of participating Unit Members.

 

4)         The total number of days available in the Bank.

 

f.          By the tenth (10th) day of each calendar month, the District shall upon request, notify the Committee of the following:

 

1)         The names of any additional Unit Members who have joined in accordance with the Eligibility and Contributions section (Paragraph 2);

 

2)         The total number of days in the Bank at the beginning of the previous month;

 

3)         The total number of days remaining in the Bank on the last day of the month.

 

5.         Exempt From Grievance Article

 

This Catastrophic Leave Bank provision shall not be subject to the Grievance Procedure.

ARTICLE V:                  TRANSFERS AND REASSIGNMENTS

 

A.         Transfers

 

1.         Transfers Defined

 

A transfer is the movement of an employee from one school site to another school site.

 

a.         Voluntary Transfer - Employee-initiated request to be assigned to another school site.

 

b.         Involuntary Transfer - District-initiated assignment of an employee to another school site.

 

2.         Voluntary Transfer

 

a.                     (1)        An employee may request a voluntary transfer to be made during the school year or to be made at the beginning of the next school year.  In either event, the request shall be made on a "Request for Transfer Form" and sent to the Assistant Superintendent of Personnel.  The transfer is to be acknowledged within ten (10) working days of receipt of the request.

 

(2)        The employee request for transfer/ reassignment shall be kept on file for the calendar year in which the request is made unless the transfer is granted prior to the end of the calendar year.  All request for transfer forms shall become void upon the conclusion of the calendar year in which the forms were filed and a form must be refiled in order to be considered during the subsequent calendar year.

 

b.         When the request for transfer is to take effect at the beginning of the next school year, it shall be submitted to the Assistant Superintendent of Personnel no later than April 1st of the preceding year.

 

c.         All employees on leave, who are returning to work, shall be assigned before the announcement of a vacant position is made for employees who wish to transfer.

 

d.         All requests for transfer shall be considered according to the following criteria:

 

(1)        The employee requesting the transfer must have the credential to perform the required service, and the agreement of the principal of the proposed school site.

 

(2)        Provided all criteria as stated in d.1) are met, applicants from within the District shall be given an opportunity to interview and be considered for vacancies along with out-of-district applicants.

 

(3)        If all finalist applicants are District employees and all criteria stated in d.1) are equal, the final selection shall be based on District-wide seniority.

 

e.         Any employee requesting a voluntary transfer in a school where reduction in number of employees is planned, shall be given priority, based on credentials held or specialized training, in lieu of other employees being involuntarily transferred.

 

f.          The employee shall not be subject to any pressure to request a voluntary transfer.

 

g.         If a voluntary transfer is denied and upon employee written request, the specific reasons shall be provided to the employee for the denial of the request in writing within ten (10) working days.

 

h.         All known vacancies for the following school year shall be filled by June 30th of the preceding year from the list of employees requesting a voluntary transfer, provided the criteria stated herein are met.

 

i.          Any employee who is on leave, summer break, or off track, who has requested notification of a specific job vacancy and who has provided a self-addressed, stamped envelope to the Assistant Superintendent of Personnel will be mailed a notice of such vacancy.

 

j.          Upon termination of any special program to which an employee has voluntarily/involuntarily transferred, if there is an opening, the employee has the option to return to his/her prior school or to remain at that special program school.  If there is no opening at either site, the employee shall be allowed to choose from a list of available openings according to credential and District-wide seniority.

 

3.         Involuntary Transfer

 

a.         The transfer shall not be punitive or disciplinary in nature.

 

b.         The transfer must be based on educational related needs of the District, e.g., credentials held or specialized training, with consideration being given to District- wide seniority.

 

c.         The employee to be involuntarily transferred shall have the right to indicate a preference from a list of vacancies. 

 

d.         The employee to be involuntarily transferred shall be given priority for placement before voluntary transfers are made or new staff members are hired, unless the voluntary transfer should remove the need for the involuntary transfer.

 

e.         For involuntary transfers resulting from reduction in services or programs at a site, the District shall grant an employee's indicated preference based on proper credentials, specialized training, and his/her District seniority. 

 

f.          The employee to be involuntarily transferred shall be given the reasons in writing for the impending transfer ten (10) working days before the end of the school year.  Exceptions may be made if there are changes in District enrollment, staffing patterns, or budgetary changes, or other District needs as determined by the administration.  When these exceptions arise a rationale shall be provided to the employee.

 

g.         The involuntary transfer shall not result in a loss of pay for equal service, loss of seniority, or fringe benefits to the employee.

 

h.         If an employee has been involuntarily transferred based upon a reduction in services or programs at that site, and a vacancy subsequently occurs at that site during the immediately following summer break or off-track period, the employee shall be notified in writing by certified mail and shall have the option to return to his/her original school site.  The employee shall notify the Assistant Superintendent of Personnel by certified mail of his/her decision to return to his/her original school site within ten (10) working days of receiving such notification.

 

B.         Reassignments

 

1.         Reassignments Defined

 

A reassignment is the movement of an employee to another subject area or grade level at the same school site.

 

a.         Voluntary Reassignment - Employee-initiated request to be reassigned to another grade or subject area within the same school.

 

b.         Involuntary Reassignment - District-initiated reassignment of an employee to another grade or subject area within the same school site.

 

2.         Voluntary Reassignment

 

a.         Requests for voluntary reassignment shall be made to the site principal on a request for transfer/reassignment form.

 

b.         Consideration of voluntary reassignments requests shall be based upon the educational related needs of the District, e.g., credentials held or specialized training.

 

c.         If a voluntary reassignment request is denied and upon employee written request, the specific reasons shall be provided to the employee for the denial of the request in writing within ten (10) working days.

 

3.         Involuntary Reassignment

 

a.         The reassignment shall not be punitive or disciplinary in nature.  The reassignment must be based on educational related needs of the District.

 

b.         The involuntary reassignment of the employee shall be made on the basis of credentials.

 

c.         The employee to be involuntarily reassigned shall be given the reasons in writing for the impending reassignment ten (10) working days before the end of the school year.  Exceptions to this time line may be made if there are changes or other District needs as determined by the administration.

 

d.         The involuntary reassignment shall not result in a loss of pay for equal service, loss of seniority, or fringe benefits to the employee.

 

e.         If a vacancy occurs from which an employee has been involuntarily reassigned, the employee shall be notified in writing by certified mail and shall have the option to return to his/her original assignment at the beginning of the next school year.  The employee shall notify by certified mail to the site administrator his/her decision within ten (10) days of receipt.

 

4.         Upon termination of any special program to which an employee has been voluntarily/involuntarily reassigned at a site, the subsequent assignment of the employee at the site shall be based upon credential and District-wide seniority.  If such placement results in overstaffing at the site, the least senior employee at the site will be involuntarily transferred according to the provisions of Article V.B.3. (Involuntary Transfer).

ARTICLE VI:                 EVALUATION PROCEDURES

 

Evaluations of certificated employees will be according to the requirements of Education Code sections 44660 - 44664 and amendments thereof, known as the Stull Act which may include Effective Teaching Procedures.  "Yearly Goal Plan" and "Certificated Evaluation Report" attached as Exhibits "B" and "C," respectively, are to be standard. 

 

A.         All probationary and temporary employees are to be formally evaluated in writing twice each school year, in the first semester and in the second semester.

 

B.         All permanent employees are to be formally evaluated at least every other year and may be evaluated each year.  These evaluations must be completed no later than May 1st.

 

C.         Evaluation of employees shall be based on the direct observation of the evaluator, not hearsay, of the performance of the employee and the achievement of the students under the employee's control and other elements of the evaluation.  The evaluator may work jointly with the department chairperson and/or other administrators observing and making recommendations for the evaluation.  The formal written evaluation shall be made only by the Administrator.

 

D.         At all school levels, the site administrators shall be responsible for the evaluation of employees.

 

E.         Each employee shall formulate specific objectives appropriate to his/her class assignment and consistent with District goals and resources available.  The employee shall also indicate how these objectives shall be measured.  These objectives shall be submitted to the evaluator no later than the beginning of the sixth week after the commencement of the instructional year, provided proper forms are submitted to the employee for such purpose.

 

1.         The employee and the evaluator will meet and attempt to reach mutual agreement on the employee's goals and objectives.  Such meetings will include, upon request of the employee, discussions of constraints identified by the employee which may inhibit his/her ability to meet the goals and objectives.  Examples of such constraints may include class size, abilities of the learners, availability of support personnel, the learning environment, and other pertinent factors.

 

2.         Failure to reach agreement on the elements of evaluation shall necessitate that the evaluator and the employee choose a mutually agreeable District-level Administrator (the Superintendent, Assistant Superintendent of Personnel, Director of Instruction, or the Director of Federal and Special Projects) and a mutually agreeable certificated employee of the Marysville Joint Unified School District, who shall attempt to reach agreement.  If the teacher and the evaluator do not reach agreement on the District-level Administrator and Association member, the evaluator shall present the teacher with a list of two (2) acceptable District-level Administrators above and the teacher shall present the evaluator with a list of two acceptable District Association certified employees.  Each shall strike one (1) name from the other's list prior to the end of the sixth week and the remaining two (2) people shall attempt to reach agreement with the teacher and the evaluator prior to the end of the seventh week of classes.

 

3.         If an agreeable resolution of the objectives is not reached prior to the end of the seventh week of classes, the designated administrator shall have the final decision regarding the employee's objectives.

 

F.         During the school year, mitigating circumstances may arise which may require modification of the elements of evaluation.  The necessity for review of the evaluation elements shall be determined by the employee and the evaluator.  Modification of the goals and objectives of the evaluation shall be arrived at in accordance with Section E of this Article with the sixth week deadline.  A period shall be allowed for revisions not to exceed fifteen (15) school days.

 

G.         Each evaluation shall be based upon a minimum of two (2) observations using the Stull Act, which may include, by mutual agreement, Effective Teaching Procedures, of fifteen (15) to forty-five (45) minutes, but of sufficient duration to make a judgement of the employee's performance.  The agreed-upon method of evaluation will be noted on all evaluation/observation forms.  A pre-observation conference and a post-observation conference may be requested by the employee or the evaluator.  The pre-observation conference would have as its purpose to plan the observation.  The post-observation conference would have as its purpose the analysis of the lesson observed.

 

H.         Any employee who receives a negative evaluation shall, upon request, be entitled to a subsequent observation, written evaluation, and conference all made by an administrative certificated evaluator.

 

I.          The evaluation shall include, if necessary, specific recommendations and available resources to improve the performances of the employee.

 

J.          No employee shall be held accountable for any aspect of an educational program over which he/she has no control.

 

K.         Employees shall receive a copy of all written/formal observations.

 

L.         The grievance procedure which is a part of these rules and regulations may be utilized for processing any disputes where these evaluation procedures have not been followed as specified in this Article dealing with certificated employee evaluation and observation.

ARTICLE VII:                CALENDAR

 

The Calendar shall be one hundred eighty-one and one-half (181½) teacher work days consisting of one hundred eighty (180) instructional days and one and one-half (1½) additional teacher work days.  The District shall have the discretion to schedule the additional teacher work days so long as these days are not scheduled in less than half (½) day increments.

 

ARTICLE VIII:               HOURS OF EMPLOYMENT

 

A.         The work day of all classroom teachers shall begin thirty (30) minutes before the time at which his/her regular classes at the assigned school are scheduled to begin in the morning.

 

B.         The work day for counselors and nurses shall begin thirty (30) minutes prior to the first regularly scheduled class at his/her base school.

 

C.                     1.         It is recognized by both the District and the Association that the job of teaching varies from day-to-day and that in addition to teaching during the regular instructional day, teachers are also required to perform other duties during their professional work day.  By way of illustration, these other professional duties include all activities required by law as well as those duties historically performed within the District.  These professional duties include, but are not limited to, the following:

 

2.         Faculty meetings, department meetings, curriculum meetings, program-project or District meetings, parent conferences (at home or school), back-to-school night, open house, athletic and social events, field trips, school committee meetings, the supervision of organized student groups, the supervision of students immediately prior to and after the students' day and yard duty.

 

2.         Professional duties set forth in C.1. will be equitably assigned by the school administrator according to the needs of the school.

 

D.         Every certificated employee shall be entitled to one (1) duty-free lunch break of no less than thirty (30) minutes each day.  Staff and principal shall work together to arrive at a mutually agreeable method of providing relief periods for teachers both morning and afternoon.

 

E.         Faculty meetings at each school shall not exceed sixty (60) minutes per calendar month.

 

F.         Workday for the Kindergarten teachers shall be the same as the workday for the first grade teachers in his/her building and shall be governed by California Education Code section 46118.

 

G.         The length of the day varies at the various schools but, in any event, the workday for teachers in the unit shall not exceed 7.5 hours each day except for the staff meetings previously specified here in this Article and in Article X - INSERVICE AND STAFF DEVELOPMENT, and the performance of other professional duties.

 

H.         Upon notification of school office personnel, any bargaining unit member may leave immediately at the end of the regular school day after required duties and professional duties have been performed.  The staff and site and site administrator will mutually agree in methods of notification.

 

I.          At the discretion of the Superintendent, minimum days will be implemented when heat becomes excessive.

 

ARTICLE IX:                 INSTRUCTIONAL DAYtc \l1 "ARTICLE IX: INSTRUCTIONAL DAY

 

Instructional time for the purposes of this contract is defined as that period between the time scheduled classes begin each day and extends to the time scheduled classes at the school end for the day, exclusive of lunch periods and recess periods.

 

 

ARTICLE X:                  INSERVICE, STAFF DEVELOPMENT AND CURRICULUM FACILITATION

 

A.         Inservice and Staff Development

 

1.         The District shall provide an inservice staff development program for certificated employees for the improvement of instruction (with a wide range of inservice options).  The staff will be trained in the Success Connections.

 

2.         a.         The school site inservice and staff development programs shall be mutually agreed upon by the School Staff Development Committee and the Site Administrator, with input from the School Site Council and the entire staff.

 

b.         Each employee may be required to spend not more than eight (8) hours annually in inservice and staff development programs.  All hours in excess of eight (8) hours per year shall count toward salary or stipend credit (as specified in Article XVI).

 

B.         Curriculum Facilitation

 

1.         A curriculum facilitator is defined as - a non-management certificated employee who had additional annual responsibilities in a specific content area at the school and district level.

 

2.         For purposes of this article, compensation for curriculum facilitators will be in effect when any three of the following factors are present:

 

a.         a textbook/instructional materials adoption process is occurring specific to the content area

 

b.         at district-level direction the facilitator is required to spend six or more hours of additional time

 

c.         there is a requirement that the teacher is responsible for distributing and collecting data, developing a report or implementation plan

 

d.         the teacher is required to provide staff development at the district or school level to include but not limited to: technology support and coordination, individualized/group preparation, instruction and coordination.

 

(Remuneration for curriculum facilitators who met the above criteria will be $1,000 annually effective July 1, 1999 - to be included in Appendix F - Additional Responsibility/Services Salary Schedule, this reference will not be included in final Article X.)

 

                                                3.           A chief curriculum facilitator may be a non-management certificated employee who has accepted the responsibilities of annually

                                                             coordinating the staff development/curriculum meetings for a specific content area, including the activities enumerated above.

 

(For purposes of this article, compensation for a chief curriculum facilitator will be $3,000 annually effective July 1, 1999 - to be included in Appendix F - Additional Responsibility/Services Salary Schedule, this reference will not be included in final Article X).

 

ARTICLE XI:                 SAFETY CONDITIONS OF EMPLOYMENT

 

A.         Any abuse of school personnel of any type, assault or battery upon school personnel, or any threat of force or violence directed toward school personnel at any time or place which is related to school activities or school attendance shall be reported by employees to their immediate supervisor.  The employees shall complete reports required by the District relating to the violations described herein in writing within twenty-four (24) hours of the occurrence.

 

B.         Employees shall be provided coverage under the terms and conditions of the District's Workers' Compensation program and illness leave provisions for any injury, illness or death arising out of or in the course of their employment.

 

C.         The District shall maintain liability insurance with a reputable insurance company.  Such insurance shall provide each employee with not less than One Hundred Thousand Dollars ($100,000.00) of personal liability per occurrence for civil actions arising out of the employee performing his/her duties related to school activities.

 

D.         Employees shall call to the attention, in writing, of their immediate supervisor any conditions which would create or cause to be a hazard to the safety of pupils and employees.

ARTICLE XII:                DEDUCTION FOR ASSOCIATION DUES OR FEES AND PAYROLL DEDUCTIONS (Subject to P.E.R.B. Election)

 

A.         Dues

 

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

 

B.         Fair Share Feetc \l2 "B. Fair Share Fee

 

Any teacher who is not a member of the Association or who does not make application for membership at the effective date of this agreement or within thirty (30) days from the date of commencement of teaching duties shall, as a condition of continued employment, become a member of the Association or pay to the Association a fee in the amount equal to unified membership dues, initiation fees and general assessments, payable to the Association; however, the teacher may authorize payroll deduction for such fee in the same manner as provided in Paragraph A. of this Article.  In the event that a teacher shall not pay such fee directly to the Association or authorize payment through payroll deduction, as provided in Paragraph A., the Association shall so inform the District, and the District shall immediately begin automatic payroll deductions as provided in Education Code section 45061 and in the same manner as set forth in Paragraph A. of this Article.  There shall be no charge to the Association for such mandatory fair share fee deduction.

 

C.         Religious Beliefs and Reasons of Conscience

 

1.         Any employee who is a member of a religious body whose traditional tenets or teaching include objections to joining or financially supporting employee organizations, or who objects for reasons of conscience, shall not be required to join or financially support the Association as a condition of employment; except that such employee shall pay, in lieu of a fair share fee, sums equal to such fair share fee to one of the following non-religious, non-labor organizations, charitable funds exempt from taxation under Section 501/c(3) of Title 26 of the Internal Revenue Code:

 

*           United Way

*           Special Olympics

*           MUTA/MJUSD Scholarship Fund

 

Such payment shall be made on or before October 15 of each school year.

 

2.         A teacher may pay such fee directly to the charitable organization on at least a pro-rated monthly basis or authorize such payment through District payroll deductions in the same manner as provided in Paragraph A. of this Article.

 

3.         Proof of payment pursuant to Paragraph C.1. above shall be made on a monthly basis to the Treasurer of the Association as a condition of continued exemption from the provisions of Paragraph B. of this Article.  Such proof shall be in the form of receipts and/or cancelled checks indicating the amount paid, date of payment, and to whom payment in lieu of the fair share fee has been made.  Teachers making payment pursuant to authorized District payroll deductions are exempt from establishing proof of payment to the Association pursuant to this paragraph.

 

4.         In the event the teacher fails to provide proof of payment to the Association pursuant to Paragraph C.3., upon written request by the Association, the District shall commence payroll deductions in accordance with Paragraph B. of this Article - Fair Share Fee.

 

5.         Any employee making payments pursuant to this Paragraph C. and who requests that the grievance or arbitration provisions of this Agreement be used in his or her behalf, shall be responsible for paying the reasonable cost of using said grievance or arbitration procedures.

 

D.         Association Responsibilities

 

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

 

E.         Indemnification and Hold Harmless

 

1.         Association agrees to pay to the District all reasonable legal fees and legal costs incurred by the District in defending against any court action and/or administrative action before the Public Employment Relations Board challenging the legality provisions of this Agreement or their implementation.  The Association agrees that payments under this provision shall be made on a semi-annual basis.

 

2.         Association agrees to indemnify and hold the District harmless from any award or judgment which may result from a court action or administrative action referenced in E.1. above.

 

3.         The Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to in Section E.1 or E.2 shall or shall not be compromised, resisted, defended, tried or appealed.

ARTICLE XIII:               CLASS SIZE

 

A.         Elementary Schools - Except Small Elementary Schools in B.

 

1.         Kindergarten - The school average for kindergarten class enrollment shall not exceed thirty-two (32) students.  No single class enrollment shall exceed thirty-two (32) students.

 

2.         Primary Classes - The school average for primary class enrollment shall not exceed thirty-two (32) students.  No single class enrollment shall exceed thirty-two (32) students.

 

3.         Grades 4th and 5th - The school average for 4th and 5th grades shall not exceed thirty-three (33) students.  No single class enrollment shall exceed thirty-four (34) students.

 

4.         Combination Classes - No combination class is to exceed thirty-two (32) students.

 

B.         Small Schools - Small elementary schools are Loma Rica, Browns Valley, Dobbins, Arboga, and Yuba Feather - may not exceed any maximum class size by more than two (2) students in any single class.  No class, however, may exceed State mandated class maximum.

 

C.         Intermediate Schools - Grades 6th through 8th.  The school average enrollment for 6th, 7th and 8th grade shall not exceed thirty-three (33) students.  No single class enrollment shall exceed 34 students.  Band, choral music, physical education classes, and special education classes shall be exempt from these provisions.

 

D.         High Schools - The school average for all regular academic classrooms shall not exceed an average of thirty-three (33) students.  No single regular academic class shall exceed thirty-six (36) students.  Physical education, drill team, band, choral music, special education, vocation, drama, and ROP classes are exempt from these provisions.

 

ARTICLE XIV:               HEALTH AND WELFARE FRINGE BENEFITS

 

A.         During the term of this Agreement, each employee (3/5 time or more) shall be provided with benefits as set forth below.  In the event the monthly cost of an employee's choice of benefit plans exceeds the District's monthly  obligation as set forth below, the District is authorized to make whatever payroll deductions that may be necessary in order to assure continuance of coverage for the employee. 

 

B.         The District will pay up to Four Hundred Ten ($410.00) per month toward the cost of a medical benefit plan provided through the Central Valley Trust ("CVT").  This Four Hundred Ten Dollars ($410.00) is an amount sufficient to fully fund the 1993/94 cost of CVT Prudent Buyer Plan "D."

 

1.         For the 1994/95 school year, in the event of an imminent Central Valley Trust increase, the District shall provide written notice of such to the Association which shall include a request to negotiate.  No such premium increase shall be passed through to unit members until at least sixty (60) calendar days have elapsed since the District's request to negotiate was provided to the Association.

 

C.         During the term of this Agreement each employee (3/5 time or more) shall have fully paid dental insurance coverage.  The coverage shall be a Delta Dental Plan (No. 7901-0990) and shall be administered through the Central Valley Schools Health and Welfare Trust ("CVT").

 

D.         The District shall provide for each employee (3/5 time or more,) a group Vision Service Plan (No. 0106257A-S) and shall be administered through CVT.

 

E.         The District shall provide $16.63 per month per full-time unit member for purposes of purchasing an income protection plan provided by the Provident Life Accident Insurance Company.

 

F.         Any change in the insurance carrier for the plans specified above shall be negotiated by the District and Association before the change is made.

 

G.         The parties agree to continue the present insurance benefit committee subject to the following:

 

1.         The purpose of the committee continues to be to insure that the District and its employees get the best buy per dollar spent for employee benefits, which shall include the following:

 

a.         Recommending whether the present administrator of the current program shall be replaced and if so, by whom.

 

b.         Acting as an oversight committee to monitor the administration of the plan including hearing employee complaints after employee exhaustion of any other complaint procedure available to the employee pursuant to the plan.

 

2.         Any change recommended by the committee shall be returned to the bargaining table for disposition between the District and the Association.

 

H.         The District will implement an Internal Revenue Code section 125 plan which will provide tax benefits to unit members under specific conditions.

ARTICLE XV:                SALARY

 

Salary Schedule

 

The most recently negotiated Salary Schedule is attached as Appendix “E”.

 

 

 

ARTICLE XVI:               SALARY SCHEDULE PLACEMENT, ADVANCEMENT AND PROFESSIONAL GROWTH

 

A.         New Teachers

 

1.         Experience credit is granted on the basis of one (1) step for each year of properly verified certificated teaching experience with a limitation of seven (7) years.  After the seventh (7th) year of such experience, one (1) year of credit is granted for each two (2) years of experience.

 

2.         Up to five (5) years of experience for vocational or commercial experience may be granted for that vocational or commercial experience that exceeds the experience requirements necessary to obtain the credential.  Such additional vocational or commercial experience, in order to be deemed acceptable, must conform to the type of work experience appropriately related to the teaching subjects, as determined and held acceptable by the credential commission.  Vocational or commercial experience for salary placement will be granted only to holders of credentials with a specialization in vocational trade and technical teaching and only if the employee is teaching in those subject areas, as required by the District, and that are authorized by the credential.

 

3.         To qualify for a year of experience for salary schedule placement purposes, a teacher must have served according to any of the following:

 

a.         At least seventy-five percent (75%) of the number of days the regular schools of the District or Community College were maintained in which the teacher had previously been employed.

 

b.         At least fifty percent (50%) of the number of days the regular school of the Marysville Joint Unified School District were maintained during any time the teacher had previously been an employee of the District prior to the teacher's termination of employment with the District.

 

4.         Government service shall be credited when such service has been classroom teaching on a full-time basis comparable in nature to teaching in a public school district.

B.         Continuing Teachers

 

1.         To qualify for a year of experience for salary schedule movement purposes, a teacher must have served the equivalent of fifty percent (50%) of the number of hours and the number of work days the regular schools are in session.

 

2.         Persons who are employees in part-time positions who render service for less than the equivalent of fifty percent (50%) of the number of hours and the number of work days the regular schools are in session, who first rendered paid service to the District;

 

a.         prior to July 1, 1994, shall move yearly on the salary schedule.  In the event the part-time teacher becomes full time, resigns, or otherwise voluntarily interrupts his/her part-time service, and who subsequently is reemployed as a less than fifty percent (50%) part-time teacher shall be governed by Section E.1.b. below.

 

b.         on or after July 1, 1994, shall be credited with one (1) year of experience for salary schedule movement purposes the year subsequent to the year in which the teacher accumulates the equivalent of at least fifty percent (50%) of the number of hours and the number of work days the regular schools are in session.

 

3.         Only years of service credited by the District for salary purposes shall count toward the career increments.

 

C.         Professional Growth

 

1.         Certificated employees are monetarily awarded for semester units or the equivalent quarter hours taken after the Bachelor's Degree or the Vocational Teaching Credential.  Units must satisfy any one of the following criteria in conjunction with adopted state and district standards:

 

a.         Courses which develop increased competence in the assigned area.

 

b.         Courses which prepare personnel for changing grade levels, subject areas, or a new career assignment in the field of public education.

c.         Courses which develop competency in an additional curriculum area.

 

2.         Transcripts or grade cards of college units or hours will be used for verification of and subsequent placement on the salary schedule.  One (1) quarter = two-thirds (2/3) of a semester unit.

 

3.         The prospective employee, upon selection, shall file with the Director of  Personnel, official transcripts of all college credit within one (1) month of employment or by October 1st of the first year of employment, whichever is later.

 

4.         For salary purposes, a maximum of seventy-five (75) semester units above the Bachelor's Degree or a Vocational Teaching Credential shall be allowed under this Agreement.

 

5.         Units earned during the school year or during the summer shall apply for salary purposes for the subsequent year, provided that the units meet the criteria as stated in 1(a) through (d) of this Article.  Transcripts or grade cards shall be submitted to the Assistant Superintendent of Personnel for acceptance or rejection upon completion of the coursework but no later than October 1st.  Acceptance shall be automatic unless written notice of rejection is received within ten (10) days after submission.

 

6.         By June 1st, a letter of intent form should be filed with the Assistant Superintendent of Personnel by any certificated employee who intends to advance to the next column.

 

D.         Education Travel Units

 

1.         Education travel shall be preplanned with and approved by the building principal and subject to the final approval of the Assistant Superintendent of Personnel Services.  Letters of intent shall be filed with the building principal by May 1st.  The applicant shall include with his/her letter of intent a comprehensive report of the expected educational outcome of the trip, an outline map, and an itinerary of the trip. Rules for granting units of credit for educational travel are as follows:

 

a.         Travel shall be considered acceptable for fulfilling requirements for the attainment of predetermined educational or cultural objectives.

b.         The trip shall result in the development of instructional materials, language skills, cultural understandings or in the personal development of the teacher.

 

c.         Four (4) weeks of travel time shall be the minimum for which units will be allowed.  One (1) unit of credit for each two (2) weeks of educational travel may be allowed with a maximum of three (3) units of credit for any one (1) summer.

 

d.         Of the seventy-five (75) units beyond the B.A. or the Vocational Teaching Credential, fifteen (15) units may be earned by educational travel.

 

e.         The approved applicant shall, when requested to do so by the Board of Trustees or the Superintendent, make such other reports (written or oral) for the benefit of pupils, the District, and/or the community.

 

2.         Prior approval is required if credit for units is to be granted.

 

E.         Lower Division Units

 

1.         Lower division units other than those required for the Vocational Teacher Credential, or the B.A. Degree, shall be preplanned with and approved by the building principal and subject to the final approval of the Assistant Superintendent of Personnel Services.  Letters of Intent shall be filed with the building principal prior to enrollment in the class.

 

2.         Of the seventy-five (75) units allowed beyond the B.A. Degree or the Vocational Teaching Credential, a maximum of twelve (12) units may be lower division units.

 

F.         Criteria for Placement Above the Maximum - Career Increments

 

1.         Placement above the maximum in the form of a career increment is granted the effective teacher who has reached the maximum salary; i.e., seventy-five (75) semester units and 13 experience increments, two (2) years previously in the Marysville Joint Unified School District.

 

2.         Future career increments shall be granted automatically at two (2) year intervals.

ARTICLE XVII:              PROCEDURES FOR PROCESSING GRIEVANCES

 

A.         Definitions

 

1.         A grievance is an alleged violation, misapplication, or misinterpretation of terms and conditions of this Agreement.

 

2.         A "grievant" is an employee in the bargaining unit who files a grievance.

 

3.         A "day" is any day which is defined by PERB as a work day.

 

4.         The "immediate supervisor" at the school site is the principal; at other than the school site, the administrator designated by the Superintendent.

 

5.         The "parties" are the Association and the District.

 

B.         Procedures

 

Any Grievant may present a grievance relating to a contract dispute to his/her employer and have such grievance adjusted without the intervention of the Association, as long as the adjustment is not inconsistent with the terms of this Agreement.  The District shall not decide the adjustment or resolution of the grievance until the Association has received a copy of the grievance and proposed resolution and has been given the opportunity to file a response, regardless of the level.  Such response shall be filed by the Association with the District within ten (10) days of the receipt of the grievance and the proposed resolution.  Resolution of a grievance shall be uniformly enforced.

 

The grievant has the right to have a representative present at any step of the grievance procedure.  The grievant shall be present at each level of grievance procedure.

 

The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems arising out of this Agreement which may affect the welfare or working conditions of employees in the bargaining unit as specified in this Agreement.  Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

 

The filing of a grievance shall not be construed as reflecting unfavorable upon an employee's or the immediate supervisor's good standing, performance, and loyalty.  Employees, employee representatives, and all other persons involved in the presentation of a grievance shall be free from restraint, interference, coercion, discrimination, or reprisal.

 

C.         Deadlines

 

The District shall notify the Association that a grievance has been filed and state the article or articles of the Agreement which are the basis of the grievance.  Unless otherwise specified by the employee, the Association shall be provided a copy of the grievance within three (3) days of filing.  Failure by the administration to adhere to decision deadlines shall give the grievant the right to appeal automatically to the next higher level.  Failure of the employee to adhere to the submission deadlines or failure to request extension of deadlines shall mean the employee is satisfied with the latest decision.  The Association shall be notified that the grievant has not continued with the grievance.  Nothing prevents the parties from extending the deadline by mutual agreement.  Circumstances beyond the control of the employee such as illness shall provide an automatic extension such as illness shall provide an automatic extension equal to the number of days of absence of the employee.

 

D.         Informal Level

 

Any employee who believes he/she has a grievance shall present the grievance in writing to the immediate supervisor within ten (10) days after the grievant knew or reasonably should have known of the circumstances which form the basis for the grievance.  The administrator shall hold a conference with the grievant in an attempt to resolve the matter within three (3) days after the presentation of the grievance.

 

E.         Formal Level

 

Level 1

 

a.         Within six (6) days after the occurrence of the informal conference with no resolution having been reached, the grievant must present the grievance in writing to the immediate supervisor.

 

b.         This statement of the grievance shall state the specific provisions of this contract which are alleged to have been violated which is the basis of the grievance, the circumstance involved, the decision rendered, if any, at the informal conference, and the specific remedy sought.

 

c.         The ad­mini­strator shall communi­cate the decisi­on, includ­ing the ration­ale, to the employee and the Association in writing within six (6) days after receiving the grievance.

 

Level 2

 

a.         If the grievance is not satisfied with the decision at Level 1, or if no decision is reached, he/she may within six (6) days appeal in writing to the Assistant Superintendent of Personnel.

 

b.         This statement shall include (a) request for appeal;  (b) a copy of the original grievance; (c) the decision rendered, if any, and the reasons for the appeal.

 

c.         The Assistant Superintendent of Personnel shall communicate in writing a decision within ten (10) days after receiving this appeal.

 

Level 3

 

a.         If the grievant is not satisfied with the decision at Level 2, or if no decision is rendered, he/she may within six (6) days appeal in writing to the Superintendent of Schools.

 

b.         This statement shall include (a) request for appeal;  (b) a copy of the original grievance;  (c) the decision rendered, if any, and the reasons for the appeal.

 

c.         The Superintendent of Schools shall communicate a decision within ten (10) days after receiving the appeal.

 

Level 4

 

a.         If the grievance is not resolved at Level 3, the Association may, if mutually agreed to by the parties, within seven (7) days of receiving the Superintendent's written decision, contact the State Conciliation Service and request the services of a mediator to assist in the resolution of the alleged grievance.

 

b.         The parties shall meet with the mediator at times that are mutually convenient.

 

                                                c.         The parties may develop the "ground rules" for this process themselves, or develop the "ground rules" with the mediator, or permit the mediator to establish his/her own "ground rules."

 

d.         A mutually acceptable mediated settlement shall be binding on both parties.

 

Level 5

 

a.         If the grievant is not satisfied with the decision at Level 4 if used, or Level 3, or if no decision is received, he/she may within five (5) days submit to the Association a request in writing to pursue arbitration.  The Association only, at its sole discretion, may submit the request within ten (10) days to the Superintendent to submit the matter to arbitration.

 

b.         The Grievant and the District shall attempt to mutually agree upon an arbitration.  If no agreement can be reached within ten (10) days, they shall request the State Conciliation Service supply a list of five (5) names of persons experienced in hearing grievances in public schools.  Each party shall alternately strike a name until only name remains.  The order of striking shall be determined by lots.

 

c.         The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association.  All other expenses shall be borne by the party incurring them.

 

d.         The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted.  If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievances and the answers thereto at each step.  However, any and all evidence shall be made available to both parties prior to the hearing.  Neither party shall be permitted to assert any grounds  or evidence which was not previously disclosed to the other party.

 

e.         The arbitrator will have no power to add to, subtract from, or modify the terms of these rules and regulations.

 

f.          After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit his/her decision in writing to all parties which shall be final and binding. 

 

g.         Both the employee and the administrator may be represented by a person(s) of his/her choice.

 

h.         The decision of the arbitrator concerning any alleged violation, misapplication, or misinterpretation of Article XXI - TEACHER DISCIPLINE, shall be final and binding on the parties and the decision of the arbitrator concerning any other article shall be final and binding on the parties unless either the Superintendent or the grievant files a request with the Governing Board to undertake a review of the decision within ten (10) working days of its issuance.  If a timely request for review is filed with the Board, the Board shall undertake a review of the matter including the record and briefs.  The Board shall permit oral arguments by representatives but only in the presence of each party.  Within fifteen (15) days the Board shall render a decision on the matter which becomes final and binding on the parties.  Any action to overturn the arbitrator's decision by the Board shall require a 7 - 0 (absolute) vote by the Board.  The grievant and the Association may seek enforcement of the arbitrator's award in a court of competent jurisdiction.  In such cases the Board shall not assert as a defense that the Association's utilization of the grievance procedure was the only proper remedy for resolution of the grievance.

ARTICLE XVIII:             MAINSTREAMING

 

Under PL94-142, any child identified as handicapped is guaranteed education with non handicapped children "to the maximum extent appropriate."  (121a.550)  It further requires placement in the "Least Restricted Environment" which has been interpreted to mean classes and programs with peers, in as many non-handicapped situations as appropriate.  The term "mainstreaming" has come to mean "providing educational opportunities with non-handicapped" peers.

 

For the purposes of the Marysville Joint Unified School District, the term "Mainstreaming" also includes placement of any student outside their regular class schedule in order to meet the individual educational needs of the student.

 

A.         A "mainstreamed student" is a student who attends more than thirty (30) minutes but less than half of his/her regularly scheduled day in a classroom (in which he/she is not enrolled).  A mainstreamed student may be sent to other rooms only for a specific instructional purpose as determined by the teachers involved.

 

B.         The maximum for mainstreaming students from special education day classes into any single class shall be two (2) students per class period at the elementary level (K-6) except by agreement between the I.E.P. Committee and the receiving teacher, who shall be in attendance at the meeting.

 

C.         The actual number of students, including mainstreamed students, assigned to a classroom for instructional purposes shall not exceed the class size maximum provided by Article XIII except by agreement between the I.E.P. Committee and the receiving teacher, who shall be in attendance at the meeting.

 

D.         The receiving teacher of a mainstreamed student may request a school level review of the placement of the student as soon as practical.  The two (2) teachers, the principal, and parent shall be involved in the school review.  If a change in special education placement is suggested, the review as required by law shall be held after giving such legal notices as required.  Those in attendance shall be those as required by the law.

ARTICLE XIX:               PERSONNEL FILES

 

A.         Personnel Files

 

A personnel file for each employee shall be established and maintained at the District Office.  These files shall not be made public.  Materials not found in the employee's personnel file or in the process of being placed there, shall not be utilized against the employee.  That is, the material will not be utilized unless the incident that would have led to the placement of materials in the file is of such a nature that is not appropriate to first place it in the file and then discipline the employee.  After the disciplining has been completed, documentation shall be submitted within a ten (10) day period of time.  Other materials related to the evaluation of the employee held by the administrator who is the immediate supervisor shall be submitted for the employee's personnel file within ten (10) days after the evaluation has been completed.

 

B.         Derogatory Materials

 

Materials which are to be placed in personnel files of employees and which are considered derogatory and may serve as a basis for affecting the status of employment are to be made available for inspection of the person involved.

 

Such material is not to include ratings, reports, or records which:

 

1.         were obtained prior to the employment of the person involved; or

 

2.         were prepared by identifiable interview committee members; or

 

3.         were obtained in connection with a promotional examination.  Every employee shall have the right to inspect such materials upon request, provided that the request is made at a time when such person is not actually required to render service to the employing District.

 

Information of a derogatory nature, except material mentioned in Numbers 1, 2, and 3 above in this section, shall not be entered or filed unless and until the employee is given notice and a ten (10) day period of time to review and comment thereon.  Any employee shall have the right to enter and have attached to any such derogatory statement, his/her own comments thereon, which shall become a part of the permanent personnel file.

 

An employee may present in person to the Superintendent or Assistant Superintendent of Personnel, a written authorization for a representative to have access to such material in the employee's personnel file.  This authorization must state the length of time allowed for access to the file.  The District shall keep a log of dates and requests by the authorized representative to review the employee's file.

 

Derogatory information pertaining to any District employee may be initiated by the administrator who is his/her immediate supervisor, and shall be placed in the personnel file only with the consent of the Assistant Superintendent of Personnel.  Derogatory material pertaining to an employee not regularly assigned to a specific school or to a specific building principal, may be initiated by the immediate supervisor, then authorized, and placed in the file by the Assistant Superintendent of Personnel.

 

The Administrator who is the immediate supervisor who drafts materials for the employee's personnel file shall initial and date the material before it is submitted for the file.

 

Any written derogatory material which is to be placed in an employee's personnel file resulting from an individual's complaint shall identify the complaining individual together with his/her complaint.

 

C.         Access to Personnel Files

 

Access to an employee's personnel file shall be limited to a "need-to-know" basis.  Access authorization must be obtained from either the Superintendent or Assistant Superintendent of Personnel.  The contents of all personnel files shall be kept in strictest confidence.  The District shall keep a log indicating the persons who have reviewed the file as well as the dates such review was made.  The original of such log shall be available upon request for examination by the employee or his/her authorized Association representative.  A copy of the original shall become a part of the personnel file after each examination.

ARTICLE XX:                RETIREMENT INCENTIVE

 

The District shall provide for an early retirement incentive program for those teachers who qualify and are interested in participating.

 

A.         Eligibility

 

1.         Any employee who will be fifty-five (55) years of age before the start of the next school year but has not attained the age of sixty-five (65) years;

 

2.         The employee must have been employed in the Marysville Joint Unified School District for at least fifteen (15) years;

 

3.         The employee must submit a letter of retirement to the Assistant Superintendent of Personnel by May 1st prior to the year he/she wishes to participate in the retirement incentive program.

 

B.         Program

 

After the retirement letter has been accepted by the District, the employee will continue to receive a fully paid major medical insurance coverage for the employee and any dependents included in the employee's medical coverage during the last year of employment before retirement.  This medical insurance coverage will be continued until the employee is sixty-five (65) years of age, which is the eligible age for Medicare.  For all employees who retired prior to the 1992/93 school year, if the employee's health allows, the retired employee shall be available with reasonable notice for fifteen (15) days service related to his/her teaching role (not as a regular teacher or regular substitute) each school year until he/she reaches the age of sixty-five (65).

 

Commencing with the 1992/93 school year, the retiree may be called upon to provide fifteen (15) days substitute teaching service without further compensation.  In the event a retiree does not want to provide such substitute teaching service, he/she must so inform the District's Assistant Superintendent of Personnel or his/her designee prior to the commencement of each succeeding school year and alternative service; e.g., consultant, shall be agreed to.

 

In the event the employee, after retirement, resides outside the immediate area (over 50 miles distance), the District and the employee shall arrive at a method of covering the employee's actual expenses if the employee is to be used to perform services for the District.

 

Each retired employee participating in this program shall keep the Assistant Superintendent of Personnel informed of his/her current permanent home address.  Should the retiree in the employment of any school district(s) earn more than the maximum allowed by STRS in any one (1) year, he/she shall no longer be eligible to participate in this program.

ARTICLE XXI:               TEACHER DISCIPLINE

 

A.         Disciplinary action, as used in this Article means suspensions without pay for up to fifteen (15) days.  This Article shall not limit the District's right to evaluate or to reprimand orally or in writing or to counsel employees.  Nor shall anything in Article VI - EVALUATION PROCEDURES, limit the District's right to discipline employees pursuant to this Article.

 

B.         The District may issue oral or written reprimands and warnings.  The employee may submit a response or rebuttal to the written reprimand or warning which will be retained in the records along with the reprimand.

 

C.         The District may suspend employees without pay for up to fifteen (15) working days, pursuant to the following provisions:

 

1.         The suspension shall be based upon just cause, including but not limited to:

 

a.         Unauthorized absences;

 

b.         Repeated unauthorized tardiness;

 

c.         repeated failure to perform regular or other assigned duties;

 

d.         Commission of an act involving moral turpitude;

 

e.         Insubordination;

 

f.          Consumption of alcoholic beverages during regular duty hours;

 

g.         Knowingly providing verbal or written confidential student information to non-district individuals not legally entitled to such information;

 

h.         Failure to comply with or abuse any section or Article of this contract;

 

1)         Any cause set forth in Section 44932 of the California Education Code;

 

2.         The Superintendent or his/her designee shall give written notice to the employee of the District's intent to suspend the employee.  Notification to an employee of proposed disciplinary action shall be deemed sufficient when it is delivered in person to the employee or when it is deposited in the U.S. Certified Mail, postage prepaid, and addressed to the last known address of the employee.  The notification shall contain the following:

 

a.         A statement of the specific acts and omissions upon which the disciplinary action is based;

 

b.         A statement of the cause or causes, for the action taken;

 

c.         If it is claimed that the employee has violated a rule or regulation of the District, a statement of the rule or regulation;

 

d.         A statement of the suspension proposed, including beginning and ending date(s);

 

e.         A statement that the employee has a right to discuss informally the proposed suspension with the Superintendent or his/her designee prior to the suspension and a proposed date, time and place for such pre-suspension discussion;

 

f.          A statement that the employee may appeal the proposed suspension by filing a grievance directly with the Superintendent or his/her designee within five (5) school days from the date of the notice of suspension;

 

g.         A statement that the employee shall have five (5) working days in which to respond to the notice of suspension.  If the employee does not respond, the District will schedule the suspension and provide notice thereof to the employee.  The pre-suspension discussion, unless waived, shall take place within seven (7) school days from the date of the notice.

 

3.         The pre-suspension discussion shall be informal.  The employee shall be given the opportunity to present facts and arguments regarding the proposed suspension.

4.         The Superintendent or his/her designee shall inform the employee of the decision to suspend or not to suspend within three (3) working days from the date of the pre-suspension discussion or after five (5) days from the date of the notice of suspension if the employee did not respond.

 

5.         Any dispute arising out of the application of this Article shall, upon request of the grievant and at the discretion of the Association, be submitted to final and binding arbitration as provided for in this Agreement.  In the event a dispute is final and binding arbitration, the suspension shall be deferred pending the outcome of the arbitration.  The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the grievant.  All other expenses shall be borne by the parties incurring them.

 

6.         In emergency situations requiring immediate suspension, the District may suspend with pay the employee without scheduling a pre-suspension discussion.  In such emergency situations, the Superintendent or his/her designee shall schedule an informal discussion with the employee and provide the employee with written notice thereof as soon as possible after the suspension has commenced.

 

a.         Nothing in this Article shall limit the District's right to institute dismissal and immediate suspension and mandatory leave of absence proceedings as set forth in the California Education Code, nor shall discipline under this Article be regarded as a pre-condition to any proceedings under the California Education Code.

 

b.         Suspensions pursuant to this Article shall not reduce or deprive the employee of seniority or health benefits.

 

c.         The employee may request the presence of an association representative at any meeting scheduled by an administrator where disciplinary action is contemplated.

 

ARTICLE XXII:              MENTOR TEACHER PROGRAM

 

A.         In General

 

1.         Purpose of the Program

 

The purpose of the Mentor Teacher Program is to improve and enhance the learning environment of the students of the Marysville Joint Unified School District.

 

2.         Goals of the Program

 

To improve the instruction in all skills.  To provide assistance and guidance for new teachers and other teachers in classroom control, curriculum strategies, and alternative methodology.

 

3.         The Function of the Mentor Teachers

 

Persons designated as mentor teachers pursuant to this Article shall be assigned duties and responsibilities in accordance with the following:

 

a.         The primary function of a mentor teacher shall be to provide assistance and guidance to new teachers.  A mentor teacher may also provide assistance and guidance to experienced teachers upon the request of such teachers.

 

b.         Mentor teachers may provide staff development for teachers and may develop special curriculum.

 

c.         A mentor teacher shall not participate in the evaluation of teachers or documentation thereof or be involved in the legal process involving any other teacher involved in this program.

 

d.         A standard term shall be for three (3) years.  A teacher may apply for a one (1), two (2) or three (3) year term.

 

B.         Selection of Mentor Teacher

 

The Board of Trustees in closed session shall consider the qualifications of the mentor teacher nominees recommended to the Board by the District Mentor Teacher Nominating Committee.  Appointment of the nominees as mentor teachers shall be made in open session.

 

C.         Mentor Teacher Nominating Committee

 

1.         The Mentor Teacher Nominating Committee shall be composed of nine (9) committee members, of which five (5) shall be classroom teachers representing various grade levels.  The Marysville Unified Teachers Association will assume the responsibility to select and elect these five (5) teacher members of the committee in accordance with the Education Code provisions.  Four (4) administrators shall also be members of this committee, representing various grade levels.  The District will select, as one of the four, a District administrator who is a curriculum specialist.  The committee shall elect a chairman who shall have a vote on the committee.  The committee shall make a careful assessment of all classroom teachers applying for nomination as mentor teacher to assure that each has met the criteria for the program.  This assessment may include an interview with any or all teachers applying for nomination.

 

2.         The nominating committee should recommend a sufficient number of applicant nominees and alternates to the Board of Trustees to assure that the District will have the authorized number of mentor teachers, including at least two (2) alternates who will serve for a one (1) year term.

 

D.         Credentialing

 

No administrative or pupil personnel services credential shall be required of any mentor teacher.  Each mentor teacher shall spend on the average not less than sixty percent (60%) of his or her time in the direct instruction of pupils.

 

E.         Criteria for Mentor Teacher Nominations

 

The legislated provisions require that a nominee:

 

1.         Be a credentialed classroom teacher with permanent full-time status;

 

2.         Has been a regular classroom teacher for the past consecutive five (5) years;

 

3.         Has demonstrated exemplary teaching ability, 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 context;

 

4.         Demonstrates knowledge and commitment to:

 

a.         Subject matter expertise;

 

b.         Ability to convey enthusiasm for the subject to students.

 

5.         Demonstrates belief in student ability to succeed:

 

a.         Commitment to setting high  expectations for students;

 

b.         Competence to teach at various student ability levels;

 

c.         Willingness to give special attention to students requiring assistance;

 

d.         Success in motivating student academic growth.

 

6.         Gives evidence of professional stature:

 

a.         Leadership, e.g., in organizing projects in his or her own initiative;

 

b.         Recognition by those in the same profession;

 

c.         Respect of his or her colleagues;

 

d.         Recent professional developmental training in teaching strategies and curriculum.

 

F.         Application Process

 

Written application for participation in the mentor teacher program shall be submitted to the Teacher Selection Committee by the individual teachers prior to a reasonable deadline established  by the Governing Board.  In any event, selections shall be completed for the coming year by February 1.

 

1.         By Teacher Without Mentor Teacher Experience

 

Any classroom teacher, including elected members of the nominating committee, who has met the criteria specified in the law and in these guidelines is encouraged to make application as a mentor teacher.  To apply to be a mentor teacher, he/she must complete a written application provided by the District.  The application must also include the letter of reference from his/her site administrator, referenced in Paragraph "G" below.

 

2.         After serving a term as a mentor teacher, a teacher may reapply for an additional term as a mentor teacher.  The criteria for selection for additional mentor teacher terms shall include the teacher's past performance as a mentor teacher.

 

3.         The application process requires that the teacher authorize the release to the nominating committee and the Board of Trustees, and such application shall be considered appropriate authorization for the release, of information limited to:

 

a.         Verification of credential;

 

b.         Verification of experience and permanent status.

 

G.         Site Administrator Participation

 

In recognition of the exemplary teacher in meeting the stated criteria, the site administrator shall demonstrate this recognition by a letter supporting the teacher's nomination as a mentor teacher.  This reference letter should include the characteristics of the classroom teacher; such as, their strengths in the classroom, their adaptability, their effective communication skills, their mastery of a wide range of teacher strategies and their understanding and ability to meet the individual needs of the students.  This letter of reference shall also include as an attachment the most recently completed classroom observation form of the applicant's classroom performance whether or not it was completed by the referring administrator.

 

H.         Funding of the Mentor Teacher Program

 

For the purposes of determining administrator-teacher ratios, mentors shall be considered full-time teachers.

 

No monies from the District general fund shall be used to finance the Mentor Teacher Program.

 

The stipend received by the mentor teacher is intended to be regarded as additional pay for additional responsibilities, not merit pay.

 

The mentor teacher's duties shall not be administrative.

 

I.          Continuance of Mentor During Term of Service

 

1.         On or before May 1st of any school year during the mentor teacher's service, the mentor  teacher coordinator may recommend to the Deputy Superintendent of Educational Services, that he/she recommend to the Board of Trustees that it terminate the teacher's service as a mentor teacher at the end of that school year.  Any such recommendation shall include reasons upon which such recommendation is based.  Unless the mentor teacher files an appeal as set forth under I.2. below, the Deputy Superintendent of Educational Services shall convey the mentor teacher coordinator's recommendation to the Board of Trustees for whatever action is deemed appropriate.

 

2.         The mentor teacher may appeal the mentor teacher coordinator's recommendation that he/she be removed prior to this/her regularly scheduled termination date to the Deputy Superintendent of Educational Services.  The appeal must be filed by the mentor teacher within ten (10) working days of his/her being notified of such action.  After meeting with the mentor teacher and hearing the mentor teacher's explanation of why the mentor teacher should not be removed as a mentor teacher, the Deputy Superintendent of Educational Services shall:

 

a.         If he finds in the mentor teacher's favor, take no further action with respect to the mentor coordinator's recommendation.

 

b.         If he does not find in the mentor teacher's favor, convey the mentor teacher coordinator's recommendation to the Board of Trustees for action.

 

J.          Evaluation of Mentor Teacher

 

The mentor teacher's official evaluation under the Stull Act shall be based only on his/her primary assignment as a classroom teacher.

ARTICLE XXIII:             MARYSVILLE INSTRUCTIONAL CURRICULUM ACADEMY ("MICA")

 

For teachers who choose to and are approved for participation in the MICA shall have the choice of receiving either:

 

•           seventy-five dollar ($75.00) stipend; or

 

•           equivalent of one upper division college semester unit.

 

ARTICLE XXIV:             CALIFORNIA TEACHER INSTRUCTIONAL IMPROVEMENT PROGRAM ("CTIIP")

 

A.         Teacher Eligibility for Grants

 

Teachers eligible for CTIIP grants are required to be permanent full-time tenured teachers or mentor teachers whose primary duty is classroom instruction.  Adult education teachers, child care development program teachers, or regional occupational center or program teachers are not eligible for these grants.

 

B.         Grant Awards

 

A grant proposal may be awarded to either a single teacher or each teacher member of a group proposal for an amount not to exceed two thousand dollars ($2,000.00) per fiscal year.

 

Grant money shall be distributed to each teacher or teachers upon grant approval.  The teacher or teachers shall be responsible for the purchase of materials for their grants.  All materials purchased from grant money, software and hardware, shall be available, on a first-priority basis, to teacher or teachers writing and implementing grants, so long as the teacher or teachers remain employees of the District.

 

C.         Application Process

 

Any classroom teacher, including elected members of the committee who has met the criteria specified in the law and in these guidelines, is encouraged to make application for CTIIP funds.  To apply for CTIIP finds, a teacher must complete a written application provided by the committee.

 

A timeline for each fiscal years' grant proposal shall be established by the committee.

ARTICLE XXV:              LOST AND DAMAGED PROPERTY

 

A.         The District shall reimburse employees for personal property lost or damaged, through no fault to the employee, which has been brought by the employee to the school site as part of the performance of his/her duties, when such loss or damage has occurred due to a natural disaster, such as a fire or a storm, or which has occurred due to vandalism, theft or battery.

 

B.         The District may reimburse the employee up to five hundred dollars ($500.00) in any one school year per employee for unregistered instructional supplies.  Reimbursement for registered items will be at fair market value as determined by the employee and the principal.  Failure to reach agreement on the value of the item(s) shall necessitate that the principal and the employee choose a mutually agreeable district-level administrator (the Superintendent, Business Manager, Director of Instruction) and a mutually agreeable member of the union representing the employee, who is a regular employee of the Marysville Joint Unified School District, who shall attempt to reach agreement.  In the event these two individuals are unable to reach agreement on the value of the property, they shall select an expert who shall set the value with the Association and the District sharing equally in the cost of the expert.

 

C.         In order to qualify for any such reimbursement, the employee must have previously submitted to the school principal or his/her designee a list of all personal property valued at fifty dollars ($50.00) or more per item.  The principal or his/her designee must agree that the personal property is appropriate for use by the employee in the performance of his/her duty.  No reimbursement shall be provided for personal property not so listed.

 

D.         Any single item of personal property worth in excess of fifty dollars ($50.00) shall be removed from the school site during the summer months (i.e, the period commencing three (3) calendar days after the last school year instructional day and the first teacher workday of the subsequent school year.)

 

E.         The District may require proof of such lost or damaged property, which could include the employee being required to file a report, as it deems necessary and appropriate.

 

ARTICLE XXVI:             FIVE YEAR REQUIRED PROFESSIONAL GROWTH PLAN

(Professional Credential Holder)

 

A.         Introduction

 

The parties to this Agreement reaffirm the belief that effective professional growth must continue throughout the career of all teachers, in order that teachers remain informed of changes in pedagogy, subject matter and students needs.  Therefore, all teachers - regardless of whether they are subject to the provisions of Education Code section 44277, are encouraged  to participate in professional growth as set forth in this Article.

 

B.         Commencement and Application

 

Commencing September 1, 1985, and in addition to any other requirements for salary schedule advancement, all teachers who are subject to the provisions of Education Code section 44277 must successfully complete within each five (5) year period an individual program of professional growth.

 

C.         Professional Growth Advisors

 

1.         The District shall designate administrators, specialists, mentor teachers, and other teachers to serve as Professional Growth Advisors, hereafter "Advisor."  Three promising groups of potential advisors are:

 

a.         certificated persons who have retired from service as teachers or administrators;

 

b.         college or university personnel who hold teaching credentials; and

 

c.         staff members in Teacher Education and computer centers and other regional service organizations in education.  All Advisors must hold valid, clear California Teaching or Services Credentials and a baccalaureate degree from an accredited institution of postsecondary education.

 

2.         A list of Advisors, including work location and a brief biography on the experience of the Advisor, will be provided by the District prior to October 15th of the school year calendar.  The credential holder has a right to choose his/her own professional growth advisor from the list.

 

3.         The responsibility of the Advisor shall be to determine whether an employee, hereafter referred to as "Credential Holder," complies with pertinent Education Code sections including Section 44277, hereafter "Law"; Title V, California Administrative Code sections 80550 - 80565, hereafter "Regulations," and the California Professional Growth Manual.

 

4.         A Credential Holder's evaluating administrator shall normally not act as that candidate's advisor unless specifically agreed to by the Credential Holder.

 

D.         Individual Program of Professional Growth

 

1.         An Individual Program of Professional Growth shall consist of a minimum of one hundred fifty (150) clock hours of participation in activities which contribute to the competence, performance, or effectiveness in the profession of education.  A "clock hour" shall be the actual time spent in the activity including preparation time if the Credential Holder is a presenter of a course.  College, university or equivalent courses shall be credited as at least fifteen (15) clock hours for each semester unit, ten (10) clock hours for each quarter unit, thirteen (13) clock hours for each trimester unit, or the actual number of class/lab hours required, whichever is greater.  Professional growth timekeeping shall otherwise be in accordance with Regulation 80562.

 

2.         Besides including all activities deemed "acceptable" by law or regulation, for purposes of this section acceptable activities also include:

 

a.         Activities relating to the subject or subjects the Credential Holder teaches;

 

b.         Activities relating to the field of specialization in which the Credential Holder serves;

 

c.         Activities relating to concepts, principles and methods of effective teaching, curriculum and evaluation;

 

d.         Activities relating to concepts and principles of physical, intellectual, social and emotional development among children and youth;

 

e.         Activities relating to concepts and principles of human communication, learning, motivation and individuality;

 

f.          Concepts relating to languages and cultural backgrounds;

 

g.         Activities relating to concepts and principles of effective relationships among schools, families and communities;

 

h.         Activities relating to roles, organization, and operation of public education.

 

3.         Upon request of the Credential Holder or Advisor, the President of the Association shall provide verification of participation or completion in any Association activity deemed "acceptable" by law, regulation or the above.

 

E.         Professional Growth Plan

 

1.         A Credential Holder shall write a Professional Growth Plan, which shall include activities in two (2) or more categories of activities set forth in Paragraph C, which shall identify his or her professional growth goals, and the professional growth activities he or she proposes to pursue.

 

2.         A Credential Holder may amend a Professional Growth Plan by adding, deleting or changing any of the original or previously amended goals or proposed activities.

 

3.         A Professional Growth Advisor shall sign a Professional Growth Plan and shall initial an amendment to the Professional Growth Plan that complies with this Article.

 

4.         A Professional Growth Advisor may require a Credential Holder to provide reasonable verification that the elements of the Professional Growth Record are accurate.

5.         An Advisor shall complete and return to the Credential Holder certification of the initial plan, initialing any revisions or verification of completion within ten (10) work days of submission to the Advisor.  If an Advisor finds that he/she cannot certify an initial plan, initial a modification or verify completion, the Advisor shall notify the Credential Holder of the reason(s) in writing within ten (10) work days of submission.

 

6.         All conferences between Credential Holders and Professional Growth Advisors shall be on District paid release time.

 

F.         Professional Growth Panel

 

1.         The Advisors appointed for each school year shall constitute the Professional Growth Plan, hereafter "Panel."  The Panel shall act as an appeal body to resolve disputes between Credential Holders and individual Advisors.

 

2.         In the event of a dispute between a Credential Holder and his/her Advisor, the Credential Holder may appeal to the Panel.  If the Panel is unable to resolve the subject matter of the appeal to the satisfaction of the Credential Holder, the Credential Holder may appeal the matter to the Executive Secretary of the Commission on Teacher Credentialing if the dispute otherwise constitutes an "adverse action" as that term is defined in Education Code section 44278.

 

3.         In addition to being an appeal panel, the Panel shall provide inservice training on paid release time for a Credential Holder no later than October 15th of each school year.  This meeting shall be mandatory for all Credential Holders who are new to the District.

 

ARTICLE XXVII:            EXCHANGE DAYS

 

A.         Bargaining unit members may voluntarily exchange instructional days with an "off-track" teacher.

 

B.         Unit members are responsible for arranging exchanges with other teachers.

 

C.         1.         An exchange agreement between two (2) unit members shall normally be completed and signed by the teachers at least five (5) workdays in advance of the exchange.  The District shall have no responsibility for the enforcement of exchange arrangements between unit members.

 

2.         This agreement shall include names of each unit member, the dates of the exchange, and the tentative dates of the payback.

 

3.         The site principal(s) shall also sign the agreement in advance, if they approve the exchange.

 

4.         Such approval shall not be unreasonably withheld.

 

5.         The site principal(s) may waive 1., 2. and 3. above for unforeseen circumstances.

 

D.         Payback of the exchange shall be completed within the same fiscal (July 1- August 31) year.

ARTICLE XXVIII:           EMPLOYEE REGULAR PAYCHECK DIRECT DEPOSIT

 

A.         District shall provide optional direct deposit of employee paychecks.

 

B.         Employees are required to opt for direct deposit during the month of April of each school year or within one (1) month of initial employment.

 

C.         Except for a change in banking affiliations, once an employee has opted for direct deposit, he/she is bound by his/her choice in bank institutions for the school year in which the option is exercised.

 

D.         Direct deposit option shall be available to all bargaining unit members.

ARTICLE XXIX:             SUBSTITUTE TEACHING

 

A.         A teacher may elect to serve as a substitute teacher on his/her non-scheduled work day(s).  The rate of pay shall be the appropriate District substitute rate.  A teacher who substitutes at his/her own site shall receive the substitute rate plus twenty-five dollars ($25.00).

 

B.         1.         In a non-emergency situation, a teacher who voluntarily teaches during his/her preparation period shall receive an additional one (1) hour compensation in accordance with appendix “F”, paragraph F.1. - NON ENUMERATED ADDITIONAL RESPONSIBILITY AND SERVICES of the master agreement between the parties.

 

2.         In an emergency situation, a teacher may be required to teach during his/her preparation period for which he/she shall receive additional compensation as set forth in 1 above.

 

 

 

ARTICLE XXX:              YEAR-ROUND EDUCATION

 

A.         Staffing of Existing School Site Being Converted to Year Round Education

 

1.         Existing site level teacher shall be given priority in initial staffing; i.e., remaining at such site.

 

2.         Any teacher requesting transfer from such site shall be given first consideration for any vacancy for which he/she applies.  If two or more teachers request transfer to the same vacancy, the most senior District teacher at such site shall be given first consideration in filling such vacancy.

 

3.         Teachers at other sites who volunteer for any vacancies at the YRE site subsequent to A.1 above shall be given first consideration in filling such vacancies.

 

4.         If there are vacancies at the YRE site for which no volunteers have applied, the District may involuntarily transfer or reassign teachers who meet credential requirements to these vacancies in accordance with Article V., Paragraph A.3, and Article V, Paragraph B.3, respectively.  The District shall be limited, however, to selecting a teacher from a pool of three (3) regular classroom teachers, based upon inverse District seniority.  For purposes of this subsection only, full-time temporary teachers shall be considered a part of this pool; i.e., pool may exceed three, providing District Budget and staffing projections indicate possible retention of such temporary teachers for the following school year.

 

5.         Once a YRE site has been initially staffed in accordance with Paragraph A above, all subsequent vacancies shall be filled in accordance with Article V - TRANSFERS AND REASSIGNMENTS, or Subparagraph B.3. of this Article.

 

B.         Track Selection at YRE Site

 

1.         The Site Administrator will meet with the faculty to discuss the educational program needs of the school, tracks, grade levels, and subject areas.

 

2.         Once the educational needs of the school have been identified, the following process will be utilized for determining the assignment of a site teacher to a track.

a.         Teachers will meet by grade level or department and attempt to mutually agree to their individual track assignments, within a time frame specified by the Site Administrator.               

 

b.         If mutual agreement cannot be reached and more than one (1) person has requested the same position on a track, the following criteria shall be applied by the Site Administrator before making the final recommendations for placement to Personnel Director or his/her designee:

 

1)         Grades Preschool/K-6

 

a)         Credentials held

b)         Special Training and/or Certification (e.g., BC or LDS)

 

2)         Grades 7-12 School

 

a)         Credentials held

b)         Major(s) and Minor(s)

c)         Special Training and/or Certification (e.g., BC or LDS)

d)         Recent in-District experience in subject to be taught

 

3)         District seniority shall be considered if all the above factors are judged to be equal.

 

c.         Final determination as to who receives the position shall be made by the Assistant Superintendent of Personnel or his/her designee.

 

3.         For midyear track vacancies, the District may administratively fill the position for the remainder of the school year at which time the position shall be filled in accordance with Article V - TRANSFERS AND REASSIGNMENTS, or by a new teacher hired from the outside.

 

C.         Preferential Placement of Employees' Children

 

Any teacher who is assigned a track at a year round school site, who has a child or children attending school within the District, will have his/her child or children assigned, when possible, to a like track at the same year round school site where the teacher is assigned, space permitting, unless such a student assignment will adversely affect the identified instructional needs of the child or children.  In any event, the child or children shall be assigned to a like track to that taught by the teacher/parent at another year round school site within the District on a space available basis.

 

D.         Work Year for YRE Specialists

 

1.         A "specialist" shall include such classifications as psychologists, counselors, nurses, resource specialists, and other similar classifications performing specialist type services.

 

2.         A specialist shall work the same work year, including assignment to a track, as that worked by a regular YRE classroom teacher unless he/she and his/her principal agree otherwise.

 

3.         a.         The work year of the specialist may, with the specialist's agreement, be extended by the District and the specialist shall be paid his/her regular daily per diem rate for each additional duty day.  The specialist's regular contact of employment shall be modified to reflect the work year agreed to between the District and the specialist.

 

b.         Any offer of extended duty shall first be offered to the specialist who would normally perform the same type service during his/her regular work year at his/her rate.

 

c.         Any specialist who is not agreeable to having his/her work year extended, shall notify the District in writing no later than April 1 of each school year.  For such District needs, the District will seek other means to provide such specialist services.

 

4.         Any specialist hired after the 1992/93 school year may be required to work an extended work year.

E.         Scheduling of Pay Upon Termination of YRE Program

 

1.         If a site is converted from a year round education (YRE) work calendar to a traditional work calendar, any affected teacher shall remain on the YRE pay plan for the remainder of the year in which YRE is operated.

 

2.         Commencing July 1 of the first full year YRE is not in operation, the teacher may remain on the YRE pay plan with normal deductions for retirement and withholding taxes.  Should a teacher elect to have funds withheld for the next summer, the teacher shall file a voluntary payroll deduction authorization for 16_% from their gross pay for each of the twelve (12) monthly payroll periods.  The teacher may elect to have the District hold this amount to be paid on July 31 and August 31 of the next summer or may have the deduction made to a credit union.  Such authorization shall be filed with the District by June 30 of the year YRE terminates.  Once an employee has elected to use these provisions, such election shall not be revocable or altered.

 

In the event a teacher departs District employment at a time he/she has received advanced salary payment, he/she shall reimburse the District for all such advanced salary payments for which he/she has not rendered services.

 

.                       3.         During the subsequent year, the teacher shall convert to one of the following options, notifying the Personnel Office by August 20 of that school year.

 

a.         Twelve (12) month pay plan, September through August;

b.         Twelve (12) month pay plan, September through June with three (3) warrants in June;

c.         Ten (10) month pay plan, September through June.

ARTICLE XXXI: MEDICARE

 

A.         The District agrees to allow bargaining unit members to elect individually whether they shall become eligible for Medicare coverage as provided for by AB 265 (1989), and Government Code section 22009.03, et seq.  The election shall be conducted pursuant to the rules and regulations promulgated by the Public Employee Retirement System (PERS).

 

B.         All bargaining unit members who are members of STRS and who were hired on or before March 31, 1986, shall be eligible to participate in the individual election.

 

C.         The Association shall be provided a copy of the list of the bargaining unit members eligible to participate in the individual election and their anticipated total wages for the current fiscal year.

 

D.         The effective date of coverage shall be December 1, 1992.

 

E.         Bargaining unit members electing to participate in Medicare coverage shall be permitted to authorize payroll  deduction of 1.45% of total wages for the period of time from the effective date of coverage until the PERS process of entering Medicare is completed.  Such funds shall be placed in an Escrow Account to be used for the individual's retroactive payment to Medicare.  Any remaining monies and interest earned during this time shall be returned to the individual.

 

ARTICLE XXXII:            PROCEDURES FOR MODIFYING THIS AGREEMENT

 

A.         For the remaining school years of this contract,  the parties agree to negotiate:

 

1.         Article XIV:  HEALTH & WELFARE FRINGE BENEFITS, and Article XV:  SALARY, plus two (2) unspecified Articles per party;

 

2.         Any other Article(s) determined to be of mutual interest to the parties; and

 

3.         Placement of the required one hundred eighty-one and one-half (181½) teacher work days on the school calendar.

 

B.         Negotiations for a successor Agreement shall commence no later than May 15 of the last school year in which this Agreement is in effect.

 

ARTICLE XXXIII:           COMPLETION OF MEETING AND NEGOTIATIONS

 

A.         The articles and provisions contained herein constitute the entire bilateral and binding Agreement by and between the Board of Trustees of the Marysville Joint Unified School District and the Marysville Unified Teachers Association which concludes the meet and negotiate process and supersedes and cancels all previous agreements, verbal and or written, and shall supersede any rules, regulations, or practices of the District which shall be contrary to or inconsistent with the terms of their Agreement.

 

B.         During the term of this Agreement, the Association expressly waives the right to meet and negotiate and agrees that the District  shall not be obligated to meet and negotiate with respect to any subject or matter, whether referred to or covered in this Agreement or not, even though such subject matter may not have been within the knowledge or contemplation of the parties, either the District or the Association, at the time they met and negotiated on and executed this Agreement.  Any meet and negotiate sessions to amend, modify, or change this Agreement shall take place only as contained in Article XXXII - PROCEDURES FOR MODIFYING THIS AGREEMENT. 

 

C.         The District shall adopt no other policies which alter or circumvent any term or condition of these rules and regulations which are stated herein in this Agreement.

 

 

 

                                                                SIGNATURE PAGE

 

 

Ratified for Marysville Unified Teachers Association by:      ____________________________________ By:       JUANITA WELLS, President MARYSVILLE UNIFIED TEACHERS ASSOCIATION     Date:    ______________________________       ____________________________________ By:       BARBARA ALVES Negotiating Team Member MARYSVILLE UNIFIED TEACHERS ASSOCIATION   Date:    ______________________________		Ratified for Marysville Unified School District by:       ____________________________________ By:       ROLAND D’ARCY, President GOVERNING BOARD OF THE MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT   Date:    ______________________________       ____________________________________ By:      DAVID FAVRO, Assistant Superintendent of Personnel MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT   Date:    ______________________________

 

---

 

                                                                   APPENDIX "A"

 

                                                  REQUEST FOR RECOGNITION FORM

N - E - A                                                             MUTA                                                             C - T - A

                                                           Marysville, California 95901901901

 

 

 

 

Board of Trustees

Marysville Joint Unified School District

504 "J" Street

Marysville, CA  95901

 

Attention:  Dr. Lewis J. Ferrari:

 

Pursuant to Chapter 961, California Statues 1975, the Marysville Unified Teachers Association/California Teachers Association/National Education Association hereby requests recognition as the exclusive representative for a unit of all certificated employees comprising the following:  (1) Classroom Teachers including resource teachers, reading specialists, department heads, and teachers in charge; and (2) Supportive Personnel including, teacher coordinator - Work Experience, counselors, and nurses.  Said unit excludes:  Superintendent of Schools, Assistant Superintendents, Coordinator of Vocational Education, Coordinator of Pupil Services, Coordinator of Federal Projects, Coordinator of Placement Services, Director of Summer Instruction, Director of Reading-Learning Center, Director of Migrant Education, School Principals, Assistant Principals, High School Deans, District Psychologist, District Librarian, School Psychologist, Psychometrist, District Evaluator, Head Counselor-High School, Preschool Supervisor, Accounting Supervisor, Supervisor of Transportation, Maintenance and Operations Supervisor, Food Services Supervisor, Fiscal Technician, Data Processing Operations Supervisor, Purchasing Agent, Program Director-Senior Citizens Nutrition Program, Developmental Examiners, and ROP Coordinators.  The unit comprises approximately three hundred seventy-five (375) employees of the District, a majority of whom wish to be represented by this organization.

 

Proofs of support of a majority of said employees in the form of (1) notarized membership lists and (2) authorization cards are herewith submitted.

 

No other employee organization is known to have been recognized or to have demanded recognition as exclusive representative for any of the employees in the above described unit.

 

There is no known or written agreement between another employee organization and the District covering any of the employees in the above described unit.

 

A copy of this petition is being mailed to the Education Employment Relations Board.

 

 

Yours,

 

 

 

_______________________________, President

Marysville Unified Teachers Association CTA/NEA

440 Palora Avenue

Yuba City, California  673-5756     

 

 

Marysville Joint Unified School District and Marysville Unified Teachers Association/CTA/NEA, hereby agree to the above described unit and further, both parties agree that they will not appeal the appropriateness of this unit to the EERB or any court.

 

 

_________________________________, President

MUTA/CTA/NEA

 

 

 

__________________________________________

Leonard E. Larson

Assistant Superintendent, Personnel Services

Marysville Joint Unified School District

 

 

                                                                   APPENDIX "B"

 

                                        MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT                                       

                                                     YEARLY GOAL PLAN - 19      /19     

 

TEACHER				SCHOOL
ASSIGNMENT			Permanent		Probationary		Temporary

 

 

Teacher Goals	What is Needed for Achievement	Supervisor Agreement

 

 

 

                                                                            T-1

 

Distribution:     Original:  Teacher          Yellow:  Personnel          Pink:  School

MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT

YEARLY GOAL PLAN

 

Measurement of Achievement	Self Assessment	Supervisor Agreement

 

 

 

                                                                            T-2

 

 

Distribution:     Original:  Teacher          Yellow:  Personnel          Pink:  School

                                                                   APPENDIX "C"

 

                                        MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT

                                                 CERTIFICATED EVALUATION REPORT

Teacher: ____________________________________ Date of Evaluation: ___________________________		Evaluator: ___________________________________

 

PROFESSIONALISM:          SEQ 2_0 \* Arabic \r 11.   Relates positively to co-workers.          SEQ 2_0 \* Arabic \n2.   Shares ideas and techniques with co-workers willingly.          SEQ 2_0 \* Arabic \n3.   Engages in peer support/collaborative activities to improve teaching skills.          SEQ 2_0 \* Arabic \n4.   Participates in District-approved staff development activities.          SEQ 2_0 \* Arabic \n5.   Accepts and utilizes construction suggestions.          SEQ 2_0 \* Arabic \n6.   Assumes an equitable share of responsibility for team grade-level department, or site-level curriculum planning.		SEQ 2_0 \* Arabic \n7.    Proposes and initiates courses of action intended to be beneficial to students, faculty and school community.         SEQ 2_0 \* Arabic \n8.    Follows proper steps for communication within the school system.         SEQ 2_0 \* Arabic \n9.    Assumes responsibility for the timely reporting of pupil progress to parents.         SEQ 2_0 \* Arabic \n10.  Assumes responsibility for adopting the District curriculum.         SEQ 2_0 \* Arabic \n11.  Responds promptly to parental concerns.         SEQ 2_0 \* Arabic \n12.  Uses discretion in discussing school affairs.

STUDENT PROGRESS TOWARD STANDARDS OF EXPECTED PUPIL ACHIEVEMENT:

       1.   Provides evidence of satisfactory student progress toward, or achievement of, District performance outcomes as outlined in the Success Connections Project as specified in the Yearly Goal Plan.

 

 

Written Assessment By Supervisor -- Summary:

 

 

 

 

 

 

 

 

 

 

 

                                                                            T-3

 

Distribution:     Original:  Teacher          Yellow:  Personnel          Pink:  School

MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT

CERTIFICATED EVALUATION REPORT

 

 

Written Assessment By Supervisor -- Summary, Continued:

 

 

 

 

 

 

 

 

 

 

 

Areas To Be Addressed in Next Year's Goal Plan:

 

 

 

 

 

 

 

 

 

                                           OVERALL EVALUATION FOR 19_____/19_____

 

 

 

 

                      A RATING OF NEEDS IMPROVEMENT OR UNSATISFACTORY REQUIRES

                        THAT A WRITTEN IMPROVEMENT PLAN BE MUTUALLY DEVELOPED.

 

 

 

____________________________________________ Signature of Supervisor		____________________________________________ Signature of Teacher
____________________________________________ Date		____________________________________________ Date

Your signature does not necessarily denote agreement with the contents, only that it has been reviewed with you.  * You may have attached additional written comments prior to this evaluation being placed in your personnel file.  You have ten (10) days from the date of receipt of this evaluation to submit a response.

 

 

 

 

 

 

 

 

 

 

                                                                            T-4

 

Distribution:     Original:  Teacher          Yellow:  Personnel          Pink:  School

MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT

CERTIFICATED EVALUATION REPORT

 

 

Written Response By Teacher (Optional):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

____________________________________________ Signature of Teacher		____________________________________________ Date

 

 

 

 

                                                                            T-5

 

Distribution:     Original:  Teacher          Yellow:  Personnel          Pink:  School

                                                                   APPENDIX "D"

 

                                        MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT

                                                  CLASSROOM OBSERVATION FORM

Teacher:                                                   Date of Observation:                                  No. of Students in Class:

Observer:                                                Grade Level(s)/Subject(s):                            Time:           a.m./p.m. to              a.m./p.m.

 

1.    CONTENT DECISIONS         1.    Teaches to develop student competencies of essential learnings         2.    Analyzes task elements and sequences instruction accordingly         3.    Subject matter is appropriate for class         4.    Selects a variety of materials to challenge and stimulate student growth         5.    Subject matter is made relevant to real life         6.    Students are acquiring skills for lifelong learning   2.    DIAGNOSTIC DECISIONS:         1.    Uses a system of evaluation to determine student needs         2.    Organizes and interprets evaluation data objectively         3.    Assesses students' strengths and weaknesses		Comments:

Classroom Observation Form - continued/page two         Teacher's Name: ________________________

 

 

3.    PRESCRIPTIVE DECISIONS:         1.    Creates opportunities for all students to experience success         2.    Shows knowledge of students' ability levels as it relates to course standards and grade level expectancies         3.    Integrates and relates subject matter to the ability level of students   4.    INSTRUCTIONAL DECISIONS:         1.    Shows evidence of good lesson preparation and use of materials with emphasis on competency rather than coverage         2.    Presents materials in a logical, well-organized manner         3.    Uses varied teaching and learning strategies         4.    Adjusts lesson to meet student differences         5.    Understands and practices teaching activities that motivate students to learn         6.    Teaches to higher levels of thinking         7.    Provides opportunities for students to communicate and solve problems   5.    LEARNING TIME:         1.    Teaches to objectives         2.    Checks periodically for understanding during the lesson         3.    Maintains a high degree of time on task

Comments:

Classroom Observation Form - continued/page three          Teacher's Name:                                             

5.    LEARNING TIME, cont.         4.    Provides for both guided and independent practice         5.    Provides prompt feedback to his/her students   6.    SUITABLE LEARNING        ENVIRONMENT:         1.    Establishes a classroom climate conducive to learning         2.    Maintains an effective level of freedom and security in the classroom         3.    Has a classroom arrangement that is functional for different activities         4.    Students learn respect for each other and the world around them         5.    Classroom activities promote student self-esteem         6.    Evidence of clear rules, routines, directions and consistency

Comments:

 

SUPERVISOR'S COMMENTS:

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        TEACHER'S RESPONSE:

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        _____________________________________                                                          _______________________________________

*Teacher's Signature                Date                            Signature                                    Date

 

Your signature does not necessarily denote agreement with the contents, only that it has been reviewed with you.  *You may have attached additional written comments prior to this observation being placed in your personnel file.  You have ten (10) days from the date of receipt of this observation to submit a response.

 

Distribution:     Original:  Teacher          Yellow:  Personnel          Pink:  School                                    4/92

                                                                            APPENDIX "E"

 

                                                 MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT

                                                                             

ARTICLE XVI APPENDIX E

MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT TEACHER SALARY SCHEDULE FOR 2000/2001

7.29% Effective 7/1/00 Includes New Teacher Funding Contract Days: 184.5

 

 

Career increment                  1,217

M.A.                                       1,316

PH.D & ED.D                        2,645

 

Advanced Degrees - Computation shall be based on the highest degree earned.

                                                                                                                                                                Revised 6/20/00

       

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                                                            APPENDIX "F"

 

                                              ADDITIONAL RESPONSIBILITY/SERVICES

                                                               SALARY SCHEDULE

 

 

                                        MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT

                                                              Effective July 1, 1999

 

 

 

Additional Responsibility - Certificated Salary

 

 

A.         Definition of Extra-Time Ratio for Positions Other Than Teaching:

 

1.00 = 10          month contract = 181.5 working days

 

1.05 = 10.5        month contract = 191.5 working days

 

1.10 = 11          month contract = 201.5 working days

 

1.15 = 11.5        month contract = 211.5 working days

 

1.20 = 12          month contract = 221.5 working days

 

 

B.         Additional Responsibility:                                            1st year            3rd year           5th year

 

1.         Department Chairperson (secondary)                      1,005             1,202                1,453

 

2.         Director - Athletics                                                1,005             1,202                1,453

 

3.         Director - Choral Music (secondary)                        1,005             1,202                1,453

 

4.         Director - Choral Music (intermediate)                     705                1,005                1,153

 

5.         Director - Band (secondary)                                   1,005             1,202                1,453

 

6.         Director - Band (intermediate)                                 705                1,005                1,153

 

7.         Director - Drama                                                   705                1,005                1,153

 

8.         Director - Debate                                                   705                1,005                1,153

 

9.         Director - High School Yearbook                             705                1,005                1,153

 

10.        Director - High School Newspaper                          705                1,005                1,153

 

C.         Additional Services:                                                    1st year            3rd year           5th year

 

1.         Teacher-in-Charge                      (no steps)

 

With a full-time principal -           658

With a 2/3 time principal -           773

With a 1/3 time principal -           887

 

 

2.         Track Team Leader (YRE)

 

D.         Athletics -  High School:

 

1.         Football

a.  Head Varsity Coach                                       1,707                1,887               2,154

b.  Assistant Varsity Coach                                1,504                1,707               1,957

c.  Head JV Coach                                             1,504                1,707               1,957

d.  Assistant JV Coach                                       1,404                1,605               1,856

e.  Head Frosh Coach                                         1,404                1,605               1,856

f.  Assistant Frosh Coach                                   1,257                1,451               1,707

 

2          Cross Country                                                    1,404                1,605               1,856

 

3          Soccer

a.  Varsity Coach                                               1,504                1,707               1,957

b.  JV Coach                                                      1,257                1,451               1,707

 

4          Volleyball

a.  Varsity Coach                                               1,707                1,887               2,154

b.  JV Coach                                                      1,504                1,707               1,957

 

5          Basketball

a.  Varsity Coach                                               1,707                1,957               2,154

b.  JV Coach                                                      1,504                1,707               1,957

c.  Frosh Coach                                                 1,257                1,451               1,707

 

6          Wrestling

a.  Head Coach                                                  1,504                1,707               1,957

b.  Assistant Coach                                            1,257                1,451               1,707

 

7          Gymnastics

a.  Varsity Coach                                               1,504                1,707               1,957

b.  JV Coach                                                      1,404                1,605               1,856

 

8          Baseball

a.  Varsity Coach                                               1,707                1,957               2,154

b.  JV Coach                                                      1,504                1,707               1,957

c.  Frosh Coach                                                 1,257                1,451               1,707

 

9          Track

a.  Head Coach                                                  1,707                1,957               2,154

b.  Assistant Coach                                            1,504                1,707               1,957

D.         Athletics -  High School, continued                              1st year            3rd year          5th year

 

10.        Golf                                                                   1,404                1,605               1,856

 

11.        Swimming                                                         1,404                1,605               1,856

 

12.        Tennis                                                               1,404                1,605               1,856

 

13.        Softball

a.  Varsity Coach                                               1,707                1,957               2,154

b.  JV Coach                                                      1,504                1,707               1,957

 

14         Intramural/Activities Director                                1,504                1,707               1,957

High School

 

15         Pep Squad                                                           705                904 1,153

 

16         Drill Team Coach                                                   705                904 1,153

 

 

E.         Athletics - Intermediate:

 

1.         Coach                                                                  705                904 1,153

 

2.         Student Activities Director                                      705                904 1,153

 

 

F.         Non-Enumerated Additional Responsibility and Services:

 

1.         Extra pay for extra duty will be the amount determined by taking the salary amount at Range I, Step 3, divided by the maximum number of contract days (daily rate) divided by 7.5 hours (Article VIII G) for all non-enumerated extra duties.

 

2.         Bargaining unit members who perform home and hospital instructional service will be compensated at the same rate of pay.

 

3.         Teachers providing service to the sixth-grade Woodleaf program shall receive a stipend.  The stipend is based upon the expectation that a teacher performing Woodleaf service will work four (4) hours beyond his/her regular work day.  The stipend is determined by multiplying this additional four (4) hour per day period for each day the teacher is present by the extra pay for extra duty hourly rate set forth in F.1. above.  This stipend represents full compensation for Woodleaf service regardless of whether the teacher actually works more or less than the additional daily expectation.

 

 

G.         Mileage Reimbursement:

 

1.         Bargaining unit members who are required to drive their private vehicles in connection with the discharge of their regular teaching duties, shall be reimbursed for such mileage at the July 1 IRS maximum allowable rate.

 

2.         The "July 1 IRS maximum allowable rate" shall be the IRS maximum allowable rate in effect on July 1 of the school year in which the mileage is driven.

 

3.         This provision shall not alter the District's past practice with respect to computation of actual mileage eligible for reimbursement.

H.         Curriculum Facilitators

 

1.         Remuneration for curriculum facilitators who meet the criteria set forth in ARTICLE X, INSERVICE, STAFF DEVELOPMENT AND CURRICULUM FACILITATION, Paragraphs B.2.a. through B.2.d., is $1,000 annually, effective July 1, 1999.

 

2.         Compensation for a chief curriculum facilitator (see ARTICLE X, INSERVICE, STAFF DEVELOPMENT AND CURRICULUM FACILITATION, Paragraph B.3.) Is $3,000 annually, effective July 1, 1999.

 

 

 

 

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