Negotiations

Negotiations Update as of May 22, 2018

Please note that the ** means that it is a counter proposal to the prior district proposal which is listed directly below.

**Southwest Teachers Association Counter Proposal to South Bay Union School District 

**May 22, 2018-Southwest Teachers Association Counter-Proposal to South Bay Union School District

ARTICLE 5

ASSOCIATION RIGHTS

5.1          General

Except as otherwise provided by law, unit members have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of employer-employee relations. Unit members also have the right to refuse to join or participate in the activities of employee organizations.

5.2          Visitations

5.2.1                       The Association shall provide the Board, or its designated representative, the names of Association representatives authorized to discuss organizational matters with unit members.  Accompanying such notification shall be a statement that all authorized representatives are aware of, and they shall agree to comply with the provisions of this Article.

5.2.2                       Authorized Association representatives shall, upon arriving at a school site, report initially to the principal or, in his/her absence, appropriate office personnel providing appropriate information regarding length, place, and general purpose of visit.  Such visits shall be scheduled so as not to cause interruption of unit members during duty hours.

5.2.3                       Advance arrangements will not be required for individual conferences between officers and officials of an organization.

5.2.4                       Association business may not be conducted during times where unit members are required to render service to the District.

5.3          Faculty or Staff Meetings

5.3.1                       The agenda of official faculty or staff meetings called for the purpose of carrying out school district business shall be limited to official District or school activities.

5.3.2                       In the event that the Association wishes to call a meeting, the Association meeting shall not be convened until after the adjournment of the faculty or staff meeting. The parties may mutually agree to hold the Association meeting before or during the staff meeting.

5.4          District Facilities and Services

5.4.1                       The Association may use school district materials or services for the promotion of their business or meetings only as specifically provided herein:

5.4.1.1                   Bulletin Boards

The Association shall be entitled to use a school bulletin board of reasonable size for official communications directed to members.

5.4.1.2                   School Newsletter

Space may be provided in the staff information portion of official school bulletins or newsletters for brief announcements of meetings of the Association.

5.4.1.3                   School Mail

5.4.1.3.1            The Association may use school mail for distributing official organization material to unit members.
5.4.1.3.2            Use of the school mail by the Association shall conform with the requirements of federal law relating to such use.
5.4.1.3.3            Official school district mail has first priority in the use of district mail service.
5.4.1.3.4            Neither the Association nor the District shall distribute labor relations materials to students.
5.4.1.3.5            Association materials being distributed through school mail shall be addressed to individual staff members by name and location.  If this procedure is not followed, a member of the Association must be responsible for distributing the materials within each school or department either by placing the materials in individual mail boxes or by personal delivery.
5.4.1.3.6            No member of the District staff shall be expected to assist in such distribution as a part of required duties.
5.4.1.3.7            E-Mail

The Association may use District e-mail for purposes of distribution of non-commercial official organizational material to unit members.

5.4.1.4                   Copying Service

Consistent with past practice regarding usage, the Association may use the District’s copying machines with prior approval of the Superintendent or his/her designee. Paper for such usage shall be provided by the Association.

5.4.2                       Use of School Facilities

5.4.2.1                   The Association, subjectto approval of the building principal, may use school facilities either before or following the unit members’ duty day.

5.4.2.2                   When possible, two (2) days advance request for use of District facilities must be made, in accordance with established District procedure, whenever the Association wishes to schedule a District facility to conduct organizational meetings and related activities.  No charge will be made for use of District facilities immediately before or after school duty hours.  After 5:00 p.m., any additional cost to the District of janitorial services shall be charged to the Association.

5.5          Consultation Rights

5.5.1                       The Association shall have the right to consult on the definition of educational objectives, the determination of the content of courses and curriculum, and the selection of textbooks to the extent such matters are within the discretion of the Board under the law.

5.5.2                       In addition to the foregoing, the Association shall have the right to consult regarding pre-school orientation meetings, professional growth days and District sponsored in-service meetings.

5.5.3                       The Association shall exercise its consultation rights at a meeting of the Association consultancy committee with the Superintendent or his/her designee.  Meetings shall be monthly or as scheduled through mutual agreement of the parties.  The following procedures shall be used in conducting meetings of the consultation committee:

5.5.3.1                   The parties shall jointly plan and facilitate the committee.

5.5.3.2                   The committee shall be composed of ten (10) members:  five (5) unit members and five (5) district members.

5.5.3.3                   Each party shall select their own committee members.

5.5.3.4                   The consultation committee shall prepare written minutes.

5.5.4                       Participation by the Association on consultation committees shall be limited to five (5) unit members.  The Association and the District may mutually agree to expand the number of unit members based upon the topic(s) under discussion.

5.5.5                       Upon request, the Association shall be provided with written materials regarding items under consultation and future plans subject to consultation.

5.6          Association Meeting Days

Except in situations involving special circumstances, as determined by the site administrator, no after school District or site meetings shall be held on the first and third Thursdays each month.  Such days shall be reserved so that the Association may conduct its business meetings.

5.7          Working Together

Working Together is a valued committee by both parties.  The committee shall meet at least three (3) times per year.  The purpose of the committee is to strengthen the relationship between the District and the Association; it is not inteneded to supplant the consultation or bargaining process.  The co-chairs shall develop meeting agendas. Members will be selected by each party and strive to represent the Executive Teams of both parties.

Over the term of this agreement,The parties agree to explore options whereby the working together model or other shared decision making models may canbe implemented at the school site level, and may make recommendations for consideration into the next agreement.

5.8          Meeting Between the Principal and Site Representative

The principal and the site representative will meet at leastsix times annually to discuss local school site topics and to enhance relationships between members and site leadership.

May 22, 2018-South Bay Union School District Proposal to Southwest Teachers Association

Article 7

HEALTH AND WELFARE BENEFITS

7.2.1.2                    Effective January 2019 the maximum annual District contribution for medical insurance premiums shall be $13,200 per eligible unit member.

Effective January 2020 the maximum annual District contribution for medical insurance premiums shall be $13,450 per eligible unit member.

 Effective January 2021 the maximum annual District contribution for medical insurance premiums shall be $13,700 per eligible unit member.

**May 22, 2018-Southwest Teachers Association Counter-Proposal to South Bay Union School District

ARTICLE 10

 SAFETY CONDITIONS OF EMPLOYMENT

 I0.1 The District and the Association agree the safety of all unit members and students is a priority. A copy of District rules and regulations governing student discipline and the rights and responsibilities of unit members relating thereto shall be posted at each school site.

10.1.1Each siteAnnually site principals, in concert with the staff, shall review, and update as necessary, the school wide positivestudent support behaviorplan, and protocols for responsiveness develop a student discipline plan, which at a minimum shall may include expectations and consequencesto ensure respectful, responsible, and safeforstudent behavior, andstaff responsibilities for implementation.,and aA plan for communication with parents/guardians regarding their partnership with the site/District in the support of their students may be discussed. parental responsibility and support.In the event the site plan includes a specific behavior strategymodel(PBIS, restorative practices, MTSS, etc.) appropriate training shall be provided. for all school staff, including classified, during the regular duty day. This plan shall be reviewed annually and may be updated as necessary.

10.1.2When students are referred to the office, after the unit member has followed the protocolsguidelines of the school wide positive student support behavior plan, the staff member referring, the principal and the appropriate staff will meet to discuss appropriate consequences and develop a plan for a successful student reentry into the classroom. the principal shall provide a response, in a timely manner, describing actions taken.either the principal or the unit member may request to meet to discuss appropriate consequences and develop a plan to address student behavior concerns.  If consequences issued solely by the principal there will be communication with the unit member either verbally or in writing is a timely manner.A unit member may refer a student to the principal, or his or her designee, for behavior issues including classroom disruption. The principal, or his or her designee, shall provide a response describing actions taken within ten (10) duty days.

10.1.2 In addition, when a unit member is concerned that a student may require additional behavior interventions, the unit member shall request an SST meeting. Every effort shall be made to schedule requested SST meetings in a timely manner.notify the principal or administrative designee in writing. Within 10 days the principal or designee will schedule a meeting of the appropriate staff to identify resources and/or support.

I0.2    A unit  member  may suspend, for good  cause, any pupil from his or her class for the day of the suspension and the day following. The unit member shall immediately report the suspension to the principal of the school and send the pupil to the principal for appropriate action. As soon as possible, the unit member shall ask the parent or guardian of the pupil to attend a parent-teacher conference regarding the suspension. A school administrator shall attend the conference if the unit member or the parent or guardian so requests. The pupil shall not be returned to the classroom from which he/she was suspended, during the period of the suspension, without the concurrence of the unit member and theprincipal. A pupil suspended from a class shall not be placed in another classroom during the period of suspension.

I0.3    In cases involving the possible exclusion or expulsion of a pupil by the  Board, the  affected school staff may submit written recommendations to the Board. Such recommendations shall be confidential in nature and shall be presented to the site principal for submission to the District Superintendent. Following a decision by the Board, the affected staff shall receive written notification of the Board’s decision.Such notification shall be confidential in nature and shall include a statement of reasons for the Board’s decision.

10.4       A unit member may use such reasonable force as is necessary to protect himself/herself from attack, to protect another person, to prevent damage to property, to quell a disturbance threatening physical injury to others, or to obtain possession of weapons or other dangerous objects upon the person or within the control of a pupil. Any time a unit member finds it necessary to use such force, he/she shall immediately report this incident to his/her immediate supervisor whether or not he/she considers this use of force as necessary to protect himself/herself or apupil.

  • Any abuse of school personnel, assault or battery upon school personnel or any threat of force or violence directed toward personnel at any time or place which is related to school activity or school attendance, shall be reported by employees to their immediate supervisor. Employees shall notify the District of any violations as described herein and shall complete required reports as soon aspracti
  • If a unit member becomes aware of a possible hazard to workplace safety/health, he/sheshall immediately notify the site administrator who shall take appropriate action. If necessary, the unit member may remove the pupils from the

In response to unit member concerns regarding safety based on student behavior the district agrees:

 When a unit member is concerned he or she does not have the necessary and appropriate support and/or equipment to provide a safe environment for the unit member and/or students because of the behavior of a particular student theunitmembershallnotifytheprincipal,orhisorheradministrativedesignee,of the behavior incident in writing. The unit member shall document the specific details describing the behavior incident. Within ten (10) duty days, the principal or his or her administrative designee shall respond with specific written recommendations and/or provide appropriate support.

**May 22, 2018-Southwest Teachers Association Counter-Proposal to South Bay Union School District

Article 11

Class Size

11.9 Whenever possible, the District will make every effort to ensure classes are balanced to +/-4 students. A process will be in place at each school siteto determine equitable student placement.

**May 22, 2018-Southwest Teachers Association Counter-Proposal to South Bay Union School District

Article 12

Evaluation Procedures

12.1    It is understood and agreed by the parties that the principal objectives of evaluation are to recognize strengths, to increase teacher effectiveness through a continual growth model, to demonstrate student learning gains, to assess the implementation of effective teaching strategies and programs, and to influence decisions about continued employment.

The process is intended to assist educators new to the profession in acquiring the skills necessary to be effective and to guide veteran educators in their career-long pursuit of excellence.  The parties expect educational professionals to engage in ongoing reflection and improvement throughout their careers and the District is committed to assist all certificated employees to improve their professional skills.

A committee composed of Association members (selected by the Association) and District administrators shall meet in the 2013-14 school year to review the teacher evaluation system and to recommend to the District and Association bargaining teams appropriate revisions.  The committee shall establish a time table for the completion of this process.

The California Standards for the Teaching Profession was the cornerstone document utilized in the development of the South Bay Integrated Professional Learning System for Educator Effectiveness and Evaluation (IPLS) which further define expectations for certificated employees in the evaluation of the performance of their duties.  The IPLS is a growth model for continuous reflection and development over time.  

A timeline with firm dates for completion of all evaluation steps shall be developed and agreed upon prior to the implementation of the IPLS.

For the term of this agreement, the parties agree to reopen Article 12, Evaluations, annually to review and possibly revise content.

12.2    For purposes of this Article, Year 1 – The professional practice cycle of the evaluation process will include goal setting based upon the CSTPs, informal walkthrough observations, at least one scheduled observation, at least one post observation conference, a mid-year conference, and summative conference.

12.3    Goal Setting includes:but is not limited to:

  1. Reviewing data gathered by both administrator and unit member to establish goal setting. The intent is that the administrator and unit member develop goals collaboratively; however, in the event of disagreement over goals, the unit member shall make the final decision regarding content, purpose, direction, and scope of the goals.
  2. The completion by the unit member of the required Educator Self-Reflection Tool outlined in the IPLS
  3. Selection of focus three (3) focus elements and development of specific, measurable, attainable, relevant and time-bound (SMART) goals for each.
  4. The completion by the unit member of the required Student Growth Planner outlined in the IPLS
  5. The completion by the administrator and unit member of the Professional Learning Plan as outlined in the IPLS
  6. Establishing a date for a Scheduled Observation and Conference (Pre and Post)
  7. Other goals as mutually agreed upon by unit member and principal

12.4    An Informal WalkthroughObservation is described as follows:

  1. It may be announced or unannounced
  2. It may or may not include a pre-observation conference
  3. There is no pre-observation form to be completed by the unit member.
  4. Informal Walkthrough Observations willIt may or may notbe followed by verbal or written communication from the administrator to the unit member.
  5. There will be at least five (5) Informal Walkthrough Observations spread equally per trimesteris no limit upon the number of informal observations; however, informal walkthroughobservations shall be reasonably related to the principal objectives stated in 12.1.

12.5    For purposes of the Article, a ScheduledformalObservation and Conferenceis described as follows:

  1. Components of the Scheduled Conference include a Pre-conference, scheduled observation and post-conference with the Administrator
  2. It is scheduled or announced in a timely manner to allow for adequate preparation.
  3. A pre-observation conference will be held between the unit member and administratorform is completed by the unit member.
  4. A pre-observation conference will be held upon the request of either party.
  5. The observation must last at least twenty (20) minutes.
  6. The observation will be followed by a written observation summary (required Scheduled Observation and Conference Tool as outlined in the IPLS)which will be presented at a post-observation conference which occurs within five (5) duty days ofa reasonable time afterthe observation.
  7. The post-observation conference includes, but is not limited to:
    1. The administrator and unit member discuss and review progress using the required Mid-Year Conference Report as outlined in the IPLS
    2. Reviewing student work/assessments based on Student Growth Planner
    3.  Modification of Professional Learning Plan
    4. Scheduling a Mid-Year Conference
  8. The observation shall not be scheduled within the last five days prior to Winter Break, Spring Break, or Summer Vacation, unless agreed upon by both unit member and administrator.

12.6    For the purpose of this article, a Mid-Year Reflection and Conference includes, but is not limited to:

  1. The administrator and unit member discuss and review progress using required Mid-Year Conference Report as outlined in the IPLS 
  2. Reviewing student work/assessments based on Student Growth Planner
  3. Modification of the Professional Learning Plan
  4. A Second Scheduled Observation if necessary
  5. Scheduling of Summative Conference

12.7   For the purpose of this article, a Summative Reflection and Conference is defined as, but not limited to:

  1. The administrator and unit member discuss and review progress using the required Summative Conference Report as outlined in the IPLS.
  2. Reviewing student work/assessments based on Student Growth Planner
  3. Reviewing and reflection of progress of the unit member’s Professional Learning Plan

12.8    Every probationary and temporary member of the unit shall be evaluated, by his/her principal, assistant principal or immediate supervisor.   in writing two (2) times each school year. After participating in the evaluation process intwo (2) full years of employment, unit members serving with an emergency basic credential shall be evaluated once a year, unless such unit member receives a less than satisfactory evaluation.  Each evaluation should be preceded by at least one scheduledformalobservation.  Each permanent unit member’s evaluation shall be based upon one (1) formal observationFollowing the Mid-Year Reflection and Conferenceobservation, should the site administrator contemplate that any area of the unit member’s evaluation will be rated “Emerging” or “Ineffective”“Requires Improvement” or “Unsatisfactory”,the site administrator shall schedule a second scheduled observation prior to finalizing the unit member’s Summative Conference Report (end of cycle formal evaluation).  Temporary and probationary members of the unit shall be evaluated on the document entitled “Teacher Developmental Report/Performance Standards” a copy of which is attached to this Agreement marked as Appendix “C”.  The first Scheduled Observationevaluationshall be conducted no sooner than the 30thday of instruction and no later than theNovember 1stWinter Break.  The second scheduled observationevaluationshall be conducted no later than March 1.  Unit members hired after January 1, shall be subject to one (1) Scheduled Observationperformance evaluationprior to March 1, if practical as determined by the evaluator and the Assistant Superintendent of Human Resources.  Unit members hired after March 1 shall be subject to one (1) scheduled observation and Summative Conferenceperformance evaluationby June 1stof the school year, if practical, as determined by the evaluator and the Assistant Superintendent of Human Resources.

12.9    Except as otherwise provided in this Agreement, every permanent member of the unit shall beparticipate in the Integrated Professional Learning System (IPLS) – Professional Practice Cycle one (1) time during a three (3) year period.  The evaluation will be in collaboration withby his/her principal, assistant principal or immediate supervisor. in writing one (1) time during two (2) consecutive school years.  Each permanent unit member evaluation shall be based upon at least one (1) formal classroom observation, which shall be scheduled during the school year in which the evaluation takes place.  The professional practice phase of the evaluation process will include goal setting, informal walkthrough observations, at least one scheduled observation, at least one post observation conference, a mid-year reflection, summative reflection and conference (12.2).   

Unit members will enter a three (3) year evaluation cycle.  One yearYear oneunit member will participate in the Professional Practice Cycle of the IPLS.  Unit members not in the Professional Practice Cycle of the IPLS will participate in a reflection conference at least once a year in the remaining two years.

12.10  During the evaluation cycle, if a unit member’s performance declines from the  satisfactory“Emerging” or “Effective” rating to Ineffective rating,as evidenced by written documentation related to established goals that establishes a pattern of deficiency,during  level during a school year in which the teacher is not scheduled to participate in the Professional Practice Phase, he/she will be afforded up to a twenty (20) to thirty (30) day educator support period.  If after the twenty (20) to thirty (30) day educator support period there is no evidence of improvement, the unit member may be referred to Advisory.  an evaluation is not scheduled  additional formal observations and an evaluation may be scheduled.  Permanent unit members whose performance meets or exceed District standards shall be evaluated on the document entitled “Permanent Certificated Evaluation Report”, a copy of which is attached to this Agreement marked at Appendix “D”.  Such evaluation shall be completed and a copy thereof provided to the unit member no later than twenty (20) 30 days prior to the end of the school year and by June 1 for Specialists.

12.11 For the purpose of the Article the twenty (20) to thirty (30) day educator support period includes, but is not limited to:

  1. Multiple informal walkthrough observations with feedback
  2. One (1) scheduled observation
  3. One reflective conference between administrator and unit member discussing possible strategies and support
  4. Other support as reasonably related to established goals 

The educator support period will be based on the instructional day calendar.

12.12  Unit members who change assignments (grade level or school) may be subject to an evaluation during the year in which the change becomes effective only if a performance problem is evident.  Should a principal determine that such evaluation is necessary, the unit member shall be notified in writing by the end of the first trimester of the school year.

12.13  Any unit member who believes that a formal scheduledobservation has taken place which does not accurately reflect the unit member’s day-to-day classroom performance may request and shall be entitled to one additional scheduled observation/conferencesubsequent observationto take place prior to the written evaluation.  The request for such subsequent observation shall be made within five (5) duty days of the first scheduledobservation conference.

12.14  Informal Walkthroughobservations may be conducted in the yearsin which a formal evaluationthe unit member is not scheduled to participate in the Professional Practice Phase.is not scheduled.

12.15  Evaluations shall include recommendations for a, if necessarytwenty (20) to thirty (30) day period, as to areas of improvement in the performance of the unit member.  In the event a unit member is not performing his or her duties in an “Emerging” or “Effective” level,satisfactory manner, according to standards prescribed by the Board, the evaluator shall notify the unit member in writing of such fact and describe such unsatisfactory performance.  The evaluator shall thereafter confer with the unit member making specific recommendations as to areas of improvement in the unit member’s performance and endeavor to assist the unit member in such performance.  Plans for improvement shall be reasonably related to identified deficiencies.

12.16.1Any evaluation which contains a “Requires Improvement” “Emerging” or “Unsatisfactorytwo or more“Ineffective” ratings of a unit member’s performance as related to the established goals outlined in 12.2 based upon in any one of the CSTP Standards : engaging and supporting all student in learning, creating and maintaining effective environments for student learning, understanding and organizing subject matter for student learning, planning instruction and designing learning experiences for all students, assessing students for learning, development as a professional educator areas of student progress, instructional strategies, curricular objectives, learning environment, or professional responsibilities may include the requirement that the unit member shall, as determined necessary by the evaluator, participate in an assistance plan as designated onthe Advisory process of the system designed to support teachers in enhancing their practice.Employee Assistance Plan formThe assistance plan individual support plan shall be designed to improve appropriate areas of the unit member’s performance and to further pupil achievement in the instructional objectives of the District.  After a twenty (20) to thirty (30) day educator support periodthe evaluator shall meet with the unit member for the purpose of providing the unit member with an opportunity for input prior to the recommendation to Advisory.finalization of an assistance plan A copy of this document is attached to this Agreement marked as Appendix “H”

12.16.2 Permanent unit members who receive an unsatisfactory“Emerging” ortwo or more“Ineffective” ratings as related to the established goals outlined in 12.2 shall be considered in need of intensive intervention.of “Ineffective”evaluation in any one of the areas CSTP Standards: engaging and supporting all student in learning, creating and maintaining effective environments for student learning, understanding and organizing subject matter for student learning, planning instruction and designing learning experiences for all students, assessing students for learning, development as a professional educator. ,student progress, instructional strategies, curricular objectives, learning environment or professional responsibilities During intensive intervention, the teacher shall be evaluated at least two (2) times each school year using the document entitled “Summative Conference Report” outlined in the IPLS Teacher Developmental Report/Performance Standards,oruntil the deficiencies are remedied., or until the unit member ceases to be employed by the District.  A copy of this document is attached to this Agreement marked as Appendix “C”.

12.17  A teacher who has received an overall unsatisfactory“Ineffective”rating shall be referred to PAR Program the IPLS Council(Article 19 in this Agreement).

12.18  The personal activities of a unit member shall not be a subject of the evaluation procedure unless such personal activities directly affect the ability of the unit member to competently perform his/her duties.

12.18  The unit member shall be provided with a copy of all forms filled out by the administrator.the written evaluation report.  A unit member has a right to include a written addendum to any written report orevaluation Summative Conference Report.  On the written evaluation report Summative ConferenceReport,  the unit member and the evaluator shall have the opportunity to describe those factors which may affect the performance of the unit member.

12.19  With the exception of alleged violations of the express provisions of this Article, the evaluationlPLS processshall not be subject to the grievance procedure.

12.20  Prior to the end of the first trimester, unit members with split assignments shall be notified of the principal, assistant principal or supervisor responsible for their IPLS  process.evaluation..

12.21  Electronic monitoring, without the knowledge and permission of the unit member, is prohibited.

12.22  The results of videotaping, peer review, or non-mandatory use of a consulting teacher or support provider shall be a voluntary aspect of the evaluation process.  These activities may be utilized onlyas part of an identified assistance plan with the unit member’s consent.

12.23  The evaluation of unit members shall not include the use of publishers’ norms established by standardized tests.

12.24  Unit members shall receive prior written notice of all persons having a role in their evaluation.  The District shall not utilize school site or district-wide surveys of parents or students for the purpose of obtaining information regarding individual unit member evaluations; however, the unit member may elect to use information contained in surveys to demonstrate growth or for reflective purposes.

12.25  Unit member and administrator shall agree on the use of survey data as outlined in the IPLS. Unit members with permanent status who have been employed with the district for at least ten years and whose previous evaluation has been rated as effective or innovative  may, upon agreement with immediate supervisor, elect to skip one evaluation cycle. Unit members shall be evaluated at least once every six years.

12.26 The District shall provide an in-service for unit members, during duty hours or during breaks(for out of contract pay) prior to implementation of any new written evaluation systemprocedure.

**May 22, 2018-Southwest Teachers Association Counter-Proposal to South Bay Union School District

Memorandum of Understanding

It is hereby agreed by the Southwest Teachers Association (“SWTA”) and the South Bay Union District (“District”), collectively referred to as the “Parties,” that the Parties met and reached an agreement on the following:

  1. A District E-3 Lead (teacher) will be paid an annual stipend of $3000 to oversee the implementation of the Integrated Professional Learning System being available to Site Lead Teachers to guidesupportthem as they guide teachers through the process of implementing the evaluation system.
  2. The District E-3 Lead (teacher) must have participated in the E-3 pilot program or served on the E-3 Committee. Interested teachers shall submit their names for consideration on or before seven (7) days after the position is posted to those who qualify.The E-3 committee shall make a recommendation for the District E-3 Lead Teacher position. Two teachers, selected by the SWTA President, will collaborate with the Asisstant Superintendent of Human Resources and one administrative member of the E-3 Committee to recommend hiring of the District Lead Teacher.
  3. This will be for the 2018-19, 2019-20 and 2020-2021 school years.
  4. The District Lead will hold three meetings with E-3 Site Leads per year and be available to answer questions as needed.
  5. The District Lead will develop and disseminate three surveys per year to all participants in the evaluation cycle.
  6. There will be an E-3 Site Lead Teacher for each school site including VIP.
  7. Each Site Lead Teacher will be paid an annual stipend of $1200 to support teachers in the implementation of the Integrated Professional Learning (Evaluation) System during the 2018-19, 19-20 and 20-21 school years.
  8. The E-3 Site Lead Teachers must have participated in the pilot program during the 2017-18 school year. Interested teachers shall submit their names for considerationon or before ______.7 days after the position is posted.
  9. The duties will include three district meetings per year, site meetings as necessitated by need with pilot teachers to review the pilot process and communicate with site leadership regarding the process of the evaluation implementation at each site.This position will not evaluate peers, but be available to clarify questions throughout the school year for those going through the process for the first time.
  10. This Memorandum of Understanding is effective the start of the school year 2018 and ends the close of the school year 2021.It is a three year program.
  11. Should the E-3 Lead decide not to complete their duties the stipend will be prorated and another candidate will be considered.

Negotiations Update as of May 9, 2018

Please note that the ** means that it is a counter proposal to the prior district proposal which is listed directly below.

**Southwest Teachers Association Counter Proposal to South Bay Union School District 

May 9, 2018

ARTICLE 5

ASSOCIATION RIGHTS 5.1           General

Except as otherwise provided by law, unit members have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of employer-employee relations. Unit members also have the right to refuse to join or participate in the activities of employee organizations.

5.2           Visitations

  • The Association shall provide the Board, or its designated representative, the names of Association representatives authorized to discuss organizational matters with unit members. Accompanying such notification shall be a statement that all authorized representatives are aware of, and they shall agree to comply with the provisions of this Article.
  • Authorized Association representatives shall, upon arriving at a school site, report initially to the principal or, in his/her absence, appropriate office personnel providing appropriate information regarding length, place, and general purpose of visit. Such visits shall be scheduled so as not to cause interruption of unit members during duty hours.
  • Advance arrangements will not be required for individual conferences between officers and officials of an organization.
  • Association business may not be conducted during times where unit members are required to render service to the District.

5.3           Faculty or Staff Meetings

  • The agenda of official faculty or staff meetings called for the purpose of carrying out school district business shall be limited to official District or school activities.
  • In the event that the Association wishes to call a meeting, the Association meeting shall not be convened until after the adjournment of the faculty or staff meeting. The parties may mutually agree to hold the Association meeting before or during the staff meeting.

5.4           District Facilities and Services

  • The Association may use school district materials or services for the promotion of their business or meetings only as specifically provided herein:

5.4.1.1                    Bulletin Boards

The Association shall be entitled to use a school bulletin board of reasonable size for official communications directed to members.

5.4.1.2                    School Newsletter

Space may be provided in the staff information portion of official school bulletins or newsletters for brief announcements of meetings of the Association.

5.4.1.3                    School Mail

5.4.1.3.1             The Association may use school mail for distributing official organization material to unit members.

5.4.1.3.2             Use of the school mail by the Association shall conform with the requirements of federal law relating to such use.

5.4.1.3.3             Official school district mail has first priority in the use of district mail service.

5.4.1.3.4             Neither the Association nor the District shall distribute labor relations materials to students.

5.4.1.3.5             Association materials being distributed through school mail shall be addressed to individual staff members by name and location. If this procedure is not followed, a member of the Association must be responsible for distributing the materials within each school or department either by placing the materials in individual mail boxes or by personal delivery.

5.4.1.3.6             No member of the District staff shall be expected to assist in such distribution as a part of required duties.

5.4.1.3.7             E-Mail

The Association may use District e-mail for purposes of distribution of non-commercial official organizational material to unit members.

5.4.1.4                    Copying Service

Consistent with past practice regarding usage, the Association may use the District’s copying machines with prior approval of the Superintendent or his/her designee. Paper for such usage shall be provided by the Association.

5.4.2                        Use of School Facilities

  • The Association, subject to approval of the building principal, may use school facilities either before or following the unit members’ duty day.
  • When possible, two (2) days advance request for use of District facilities must be made, in accordance with established District procedure, whenever the Association wishes to schedule a District facility to conduct organizational meetings and related activities. No charge will be made for use of District facilities immediately before or after school duty hours. After 5:00 p.m., any additional cost to the District of janitorial services shall be charged to the Association.

5.5           Consultation Rights

  • The Association shall have the right to consult on the definition of educational objectives, the determination of the content of courses and curriculum, and the selection of textbooks to the extent such matters are within the discretion of the Board under the law.
  • In addition to the foregoing, the Association shall have the right to consult regarding pre-school orientation meetings, professional growth days and District sponsored in-service meetings.
  • The Association shall exercise its consultation rights at a meeting of the Association consultancy committee with the Superintendent or his/her designee. Meetings shall be monthly or as scheduled through mutual agreement of the parties. The following procedures shall be used in conducting meetings of the consultation committee:

5.5.3.1                    The parties shall jointly plan and facilitate the committee.

5.5.3.2                    The committee shall be composed of ten (10) members: five (5) unit members and five (5) district members.

5.5.3.3                    Each party shall select their own committee members.

5.5.3.4                    The consultation committee shall prepare written minutes.

  • Participation by the Association on consultation committees shall be limited to five (5) unit members. The Association and the District may mutually agree to expand the number of unit members based upon the topic(s) under discussion.
  • Upon request, the Association shall be provided with written materials regarding items under consultation and future plans subject to consultation.

5.6           Association Meeting Days

Except in situations involving special circumstances, as determined by the site administrator, no after school District or site meetings shall be held on the first and third Thursdays each month. Such days shall be reserved so that the Association may conduct its business meetings.

5.7           Working Together

Working Together is a valued committee by both parties. The committee shall meet at least three (3) times per year. The purpose of the committee is to strengthen the relationship between the District and the Association; it is not inteneded to supplant the consultation or bargaining process. The co-chairs shall develop meeting agendas. Members will be selected by each party and strive to represent the Executive Teams of both parties.

Over the term of this agreement, the parties agree to explore options whereby the working together model can be implemented at the school site level, and may make recommendations for consideration into the next agreement.

5.8           Meeting Between the Principal and Site Representative

The principal and the site representative will meet at least six times annually to discuss local school site topics and to enhance relationships between members and site leadership.

5.6.1 Definition:

The Faculty Advisory Committee (FAC) is a committee of the Faculty, chaired by the Principal, for discussion of curriculum, instruction and other school site issues as deemed necessary by any member of the committee.

5.6.2 Purpose:

The purpose of the committee is to discuss curriculum and instruction issues which directly affect the school including the development of the master schedule, curriculum development, school instructional site budget, open house and other topics specifically related to curriculum and instruction as determined by the Faculty and members of the committee.

5.6.3 Composition of the Faculty Advisory Committee (FAC):

  1. The FAC will be composed of the Faculty, who will be the chairperson, and representatives who have been elected by their respective groups:
  2. Lower grades, Tk-2
  3. Upper grades, 3-6
  4. Middle grades, 7-8 (where applicable)
  5. Special Education, may include specialists or SPED teachers
  6. The Association selected site representative shall serve as a regular member of this committee

 5.6.4 Selection of Committee Members:

The FAC will be selected by the end of the third week of semester I of each year. The Faculty working with the site representative of the Association shall conduct the election. The committee members will be democratically elected by their respective groups as listed in Section 5.6.3 Committee members cannot serve as a representative without being duly elected. Committee members begin to serve at the FAC meeting immediately following their election.

If a vacancy develops after the initial election, the FAC shall have a special election to fill the vacant seat or seats. The same election procedures as outlined above will be followed.

5.6.5 Compensation:

Members of the FAC shall be eligible for out of contract pay for any meetings attended.

5.6.5.1 Meetings/Procedures:

  1. Meetings will be held at least once a month and by mutual agreement as often as deemed necessary. Meetings shall last no more than one hour unless the committee decides otherwise. The agenda(s) will be mutually developed by the Faculty and the members of the FAC. During the first and last meeting of the year, the FAC shall discuss the site’s budget, including grade level allocations. The Faculty and/or members of the committee may invite resource people to attend meetings of the committee from time to time as
  2. Minutes of the FAC meetings shall be recorded by a person mutually selected by the committee and the Faculty. Published minutes shall be distributed to all staff members as soon as possible following the completion of the meeting. The minutes shall reflect the mutual concurrence of the Faculty and the committee members relative to the content of the

____  The above was the counter to the following:

**South Bay Union School District Proposal to Southwest Teachers Association

May 9, 2018

ARTICLE 5

ASSOCIATION RIGHTS

5.1           General

Except as otherwise provided by law, unit members have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of employer-employee relations. Unit members also have the right to refuse to join or participate in the activities of employee organizations.

5.2           Visitations

  • The Association shall provide the Board, or its designated representative, the names of Association representatives authorized to discuss organizational matters with unit members. Accompanying such notification shall be a statement that all authorized representatives are aware of, and they shall agree to comply with the provisions of this Article.
  • Authorized Association representatives shall, upon arriving at a school site, report initially to the principal or, in his/her absence, appropriate office personnel providing appropriate information regarding length, place, and general purpose of visit. Such visits shall be scheduled so as not to cause interruption of unit members during duty hours.
  • Advance arrangements will not be required for individual conferences between officers and officials of an organization.
  • Association business may not be conducted during times where unit members are required to render service to the District.

5.3           Faculty or Staff Meetings

  • The agenda of official faculty or staff meetings called for the purpose of carrying out school district business shall be limited to official District or school activities.
  • In the event that the Association wishes to call a meeting, the Association meeting shall not be convened until after the adjournment of the faculty or staff meeting. The parties may mutually agree to hold the Association meeting before or during the staff meeting.

5.4           District Facilities and Services

  • The Association may use school district materials or services for the promotion of their business or meetings only as specifically provided herein:

5.4.1.1                    Bulletin Boards

The Association shall be entitled to use a school bulletin board of reasonable size for official communications directed to members.

5.4.1.2                    School Newsletter

Space may be provided in the staff information portion of official school bulletins or newsletters for brief announcements of meetings of the Association.

5.4.1.3                    School Mail

5.4.1.3.1             The Association may use school mail for distributing official organization material to unit members.

5.4.1.3.2             Use of the school mail by the Association shall conform with the requirements of federal law relating to such use.

5.4.1.3.3             Official school district mail has first priority in the use of district mail service.

5.4.1.3.4             Neither the Association nor the District shall distribute labor relations materials to students.

5.4.1.3.5             Association materials being distributed through school mail shall be addressed to individual staff members by name and location. If this procedure is not followed, a member of the Association must be responsible for distributing the materials within each school or department either by placing the materials in individual mail boxes or by personal delivery.

5.4.1.3.6             No member of the District staff shall be expected to assist in such distribution as a part of required duties.

5.4.1.3.7             E-Mail

The Association may use District e-mail for purposes of distribution of non-commercial official organizational material to unit members.

5.4.1.4                    Copying Service

Consistent with past practice regarding usage, the Association may use the District’s copying machines with prior approval of the Superintendent or his/her designee. Paper for such usage shall be provided by the Association.

5.4.2                        Use of School Facilities

  • The Association, subject to approval of the building principal, may use school facilities either before or following the unit members’ duty day.
  • When possible, two (2) days advance request for use of District facilities must be made, in accordance with established District procedure, whenever the Association wishes to schedule a District facility to conduct organizational meetings and related activities. No charge will be made for use of District facilities immediately before or after school duty hours. After 5:00 p.m., any additional cost to the District of janitorial services shall be charged to the Association.

5.5           Consultation Rights

  • The Association shall have the right to consult on the definition of educational objectives, the determination of the content of courses and curriculum, and the selection of textbooks to the extent such matters are within the discretion of the Board under the law.
  • In addition to the foregoing, the Association shall have the right to consult regarding pre-school orientation meetings, professional growth days and District sponsored in-service meetings.
  • The Association shall exercise its consultation rights at a meeting of the Association consultancy committee with the Superintendent or his/her designee. Meetings shall be monthly or as scheduled through mutual agreement of the parties. The following procedures shall be used in conducting meetings of the consultation committer.

5.5.3.1                    The parties shall jointly plan and facilitate the committee.

5.5.3.2                    The committee shall be composed of ten (10) members: five (5) unit members and five (5) district members.

5.5.3.3                    Each party shall select their own committee members.

5.5.3.4                    The consultation committee shall prepare written minutes.

  • Participation by the Association on consultation committees shall be limited to five (5) unit members. The Association and the District may mutually agree to expand the number of unit members based upon the topic(s) under discussion.
  • Upon request, the Association shall be provided with written materials regarding items under consultation and future plans subject to consultation.

5.6           Association Meeting Days

Except in situations involving special circumstances, as determined by the site administrator, no after school District or site meetings shall be held on the first and third Thursdays each month. Such days shall be reserved so that the Association may conduct its business meetings.

5.7           Working Together

Working Together is a valued committee by both parties. The committee shall meet at least three (3) times per year. The purpose of the committee is to strengthen the relationship between the District and the Association; it is not inteneded to supplant the consultation or bargaining process. The co-chairs shall develop meeting agendas. Members will be selected by each party and strive to represent the Executive Teams of both parties.

5.8           Meeting Between the Principal and Site Representative

The principal and the site representative will meet six times annually to discuss local school site topics and to enhance relationships between members and site leadership.


**Southwest Teachers Association Counter Proposal to South Bay Union School District  

May 9, 2018

ARTICLE 6 HOURS OF EMPLOYMENT

  • Unit Member Work Year

Effective July 1, 2013, the unit member work year shall be 185 187 days. The work year shall include 177 180 student days; two teacher preparation days free from workshops, in­ services, student/parent visits and other site or District meetings; one parent conference day; and five two work days devoted to professional development, site-based meetings, and collaboration team meetings. Two full non student days will be dedicated to the following: One day will be dedicated to Personal Planning, one day will be dedicated to half day PLC and half day to Site/District led Professional Development. Any increase in the teacher work year above the 2012-2013 work year shall be accompanied by a pro rata increase in annual compensation. In the event legislation is enacted that requires 180 student days for each school year, three professional development days shall become student days.

  • The first duty day of each school year shall be devoted to on-site preparation. Unit members may be required by their immediate supervisor to attend an on-site faculty meeting. Unit members may be required to attend a District wide program on a designated early release day and one day during the first week of duty.
  • Four (4) Three (3) early release days shall be designated as professional growth days for purposes of District wide professional
  • There will be eight (8) consecutive minimum days located on the calendar for fall parent-teacher
  • All schools will implement an early release day which shall be the same throughout the District. Students will be dismissed one (I) hour earlier on the early release day. For the remaining days of the week students will attend the number of instructional minutes necessary to maintain the total number of instructional minutes as specified in Section 3.
  • Unit Member On-Site Work Day
    • Each unit member shall be required to report to duty thirty (30) minutes before the commencement of the first assigned class at the school, or thirty

(30) minutes before the beginning of the school day if not assigned to teaching duties. This thirty (30) minutes shall be for planning and preparation. Unit members shall use their professional judgment in how their preparation time is used unless otherwise stated herein. Each school site shall develop procedures which ensure a brief break period for unit members standing recess duty. Except as provided for in Section 6.2.2, and for minimum days designated as parent conferences, each unit member shall be required to remain on duty fifteen (15) minutes after the last regular class at the school is dismissed, including days designated as Early Release Days per Section 6.1.4 (Wednesdays). The scheduling of minimum days for students shall not affect the length of work day for unit members.

  • Members of the unit may be required by their immediate supervisor to perform teacher-related duties which include: parent conferences, educational field trips, student guidance assistance, Coordinated Compliance Review, one open house, SST team meetings, and Program Quality Review assignments. These duties may occur during the thirty 30 minute preparation time if the unit member agrees. The total number of hours assigned to these duties shall be governed by the past practice in the
  • The following duties shall be limited to a maximum of fifty-four

(54) hours per school year: staff meetings, curriculum development and professional growth.

  • The Board and Association agree to the positive value of participation in PTA meetings, however, participation at PTA meetings shall not be mandatory.
  • Nothing within this Article is intended to preclude a supervisor from requesting unit member participation in District or school site sponsored activities.
  • Unit members may be released from other duties following the dismissal of children on early release days or will be granted reasonable release time when required to complete five (5) or more independent study contracts for reasons other than late enrollment.
  • At least 10 eighteen (18) 29 minimum days per year will be allocated for planning and preparation for unit members PLC (Professional Learning Communities)(distribution shall be determined by the calendar committee in advance of the school year one time per month). On these days, unit members shall adhere to the contract work day. (Effective July 1, 2016.)

There shall be fifty-one (51) minimum days in each school year allocated as follows:

  • Twenty-four (24) early release days for grade level Professional Learning Communities
  • Seven (7) early release days for staff meetings/professional development
  • Four (4) District Professional Development Network
  • Eight (8) consecutive minimum days for parent-teacher conferences
  • Four (4) after each extended break for teacher preparation
  • Two (2) before each break for teacher planning and preparation
  • The last two (2) days of the end of the school year for preparation and planning
  • Fifty percent (50%) of Collaboration Time/PLC is team directed time. (Effective July l, 2016.)
  • Teachers in Grades TK through 8 shall receive four release days. One release day shall occur on or about each trimester and there shall be one release day throughout the year requested by the teacher for the purpose of summative and formative assessments and grade level reporting. If a substitute is unavailable to cover a teacher’s class on one of the four release days, the teacher shall receive a stipend of $125. A teacher has the option to forego the use of the four release days and receive a stipend of $500.00. All stipends will be paid in June of each year. (Effective   July 1, 2016.)

 In addition to planning time noted in Article 6, each unit member shall receive a 60 (sixty) minutes preparation and planning period each week to be used at his/her discretion. a week will be dedicated to personal planning time per unit member during the contract day. Schedules will be developed in collaboration with site principals. On these days unit member shall adhere to the contract day.

  • Three Collaboration/PLC times shall be dedicated to summative and formative assessments and grade level reporting. (Effective July l , )
  • Faculty meetings shall be limited to one and one-half (1 1/2) hours except by mutual consent of the building principal and the school
  • With the permission of the building principal, a unit member may be released from duty following the completion of the instructional
  • A unit member assigned on a permanent basis to the Outdoor Education Program may select the option of working a four (4) day forty (40) hour week providing this option receives written approval from the camp school
  • Unit members who serve more than one school during a duty day shall be allowed transfer time of fifteen (15) minutes for travel between work
  • Instructional Minutes

The number of instructional minutes per school year shall be as follows:

Kindergarten Grades 1 through 6

54,900 50,400minutes

54,900 minutes

  • Full Day Kindergarten

Teachers will meet with principals to collaborate on classroom curriculum to develop a full day schedule in accordance with District guidelines. These guidelines will be monitored through the consultation committee.

  • School Calendar Committee

A joint Association/District school calendar committee composed of an equal number of representatives shall be formed. The purpose of this committee shall be to review the school calendar and to develop recommendations. Such recommendations shall be submitted to the Association and District prior to the beginning of contract negotiations.

____ The above was a counter to the following:

**South Bay Union School District Proposal to Southwest Teachers Association 

May 9, 2018

ARTICLE 6 HOURS OF EMPLOYMENT

  • Unit Member Work Year

Effective July 1, 2013, the unit member work year shall be 185 187 days. The work year shall include 177 180 student days; two teacher preparation days free from workshops, in­ services, student/parent visits and other site or District meetings; one parent conference day; and five two work days devoted to professional development, site-based meetings, and collaboration team meetings. Two full non student days will be dedicated to the following: One day will be dedicated to Personal Planning, one day will be dedicated to half day PLC and half day to Site/District led Professional Development. Any increase in the teacher work year above the 2012-2013 work year shall be accompanied by a pro rata increase in annual compensation. In the event legislation is enacted that requires 180 student days for each school year, three professional development days shall become student days.

  • The first duty day of each school year shall be devoted to on-site preparation. Unit members may be required by their immediate supervisor to attend an on-site faculty meeting. Unit members may be required to attend a District wide program on a designated early release day and one day during the first week of duty.
  • Four (4) Three (3) early release days shall be designated as professional growth days for purposes of District wide professional
  • There will be eight (8) consecutive minimum days located on the calendar for fall parent-teacher
  • All schools will implement an early release day which shall be the same throughout the District. Students will be dismissed one (I) hour earlier on the early release day. For the remaining days of the week students will attend the number of instructional minutes necessary to maintain the total number of instructional minutes as specified in Section 3.
  • Unit Member On-Site Work Day
    • Each unit member shall be required to report to duty thirty (30) minutes before the commencement of the first assigned class at the school, or thirty

(30) minutes before the beginning of the school day if not assigned to teaching duties. This thirty (30) minutes shall be for planning and preparation. Unit members shall use their professional judgment in how their preparation time is used unless otherwise stated herein. Each school site shall develop procedures which ensure a brief break period for unit members standing recess duty. Except as provided for in Section 6.2.2, and for minimum days designated as parent conferences, each unit member shall be required to remain on duty fifteen (15) minutes after the last regular class at the school is dismissed, including days designated as Early Release Days per Section 6.1.4 (Wednesdays). The scheduling of minimum days for students shall not affect the length of work day for unit members.

  • Members of the unit may be required by their immediate supervisor to perform teacher-related duties which include: parent conferences, educational field trips, student guidance assistance, Coordinated Compliance Review, one open house, SST team meetings, and Program Quality Review assignments. These duties may occur during the thirty 30 minute preparation time. if the unit member agrees. The total number of hours assigned to these duties shall be governed by the past practice in the
  • The following duties shall be limited to a maximum of fifty-four

(54) hours per school year: staff meetings, curriculum development and professional growth.

  • The Board and Association agree to the positive value of participation in PTA meetings, however, participation at PTA meetings shall not be mandatory.
  • Nothing within this Article is intended to preclude a supervisor from requesting unit member participation in District or school site sponsored activities.
  • Unit members may be released from other duties following the dismissal of children on early release days or will be granted reasonable release time when required to complete five (5) or more independent study contracts for reasons other than late
  • At least 10 eighteen (18) 29 minimum days per year will be allocated for planning and preparation for unit members PLC (Professional Learning Communities)(distribution shall be determined by the calendar committee in advance of the school year one time per month). On these days, unit members shall adhere to the contract work day. (Effective July 1, 2016.)
  • Fifty percent (50%) of Collaboration Time/PLC is team directed time. (Effective July l, 2016.)
  • Teachers in Grades TK through 8 shall receive four release days. One release day shall occur on or about each trimester and there shall be one release day throughout the year requested by the teacher for the purpose of summative and formative assessments and grade level reporting. If a substitute is unavailable to cover a teacher’s class on one of the four release days, the teacher shall receive a stipend of $125. A teacher has the option to forego the use of the four release days and receive a stipend of $500.00. All stipends will be paid in June of each year. (Effective   July 1, 2016.)

60 (sixty) minutes a week will be dedicated to personal planning time per unit member during the contract day. Schedules will be developed in collaboration with site principals. On these days umit member shall adhere to the contract day.

  • Three Collaboration/PLC times shall be dedicated to summative and formative assessments and grade level reporting. (Effective July l , )
  • Faculty meetings shall be limited to one and one-half (1 1/2) hours except by mutual consent of the building principal and the school
  • With the permission of the building principal, a unit member may be released from duty following the completion of the instructional
  • A unit member assigned on a permanent basis to the Outdoor Education Program may select the option of working a four (4) day forty (40) hour week providing this option receives written approval from the camp school
  • Unit members who serve more than one school during a duty day shall be allowed transfer time of fifteen (15) minutes for travel between work
  • Instructional Minutes

The number of instructional minutes per school year shall be as follows:

Kindergarten Grades 1 through 6

54,900 50,400minutes

54,900 minutes

  • Full Day Kindergarten

Teachers will meet with principals to collaborate on classroom curriculum to develop a full day schedule in accordance with District guidelines. These guidelines will be monitored through the consultation committee.

  • School Calendar Committee

A joint Association/District school calendar committee composed of an equal number of representatives shall be formed. The purpose of this committee shall be to review the school calendar and to develop recommendations. Such recommendations shall be submitted to the Association and District prior to the beginning of contract negotiations.


South Bay Union School District (Counter) Proposal to Southwest Teachers Association

May 9, 2018

Article 7

HEALTH AND WELFARE BENEFITS

7.2.1.2                    Effective January 2019 the maximum annual District contribution for medical insurance premiums shall be $13,200 per eligible unit member.

                                    Effective January 2020 the maximum annual District Contribution for medical insurance premiums shall be $13,450 per eligible unit member.

                                    Effective Jamuary 2021 the maximum annual District Contribution for medical insurance premiums shall be $13,700 per eligible unit member.


**Southwest Teachers Association Counter Proposal to South Bay Union School District

May 9th, 2018

ARTICLE 10 – SAFETY CONDITIONS OF EMPLOYMENT

I0.1 The District and the Association agree the safety of all unit members and students is a priority. A copy of District rules and regulations governing student discipline and the rights and responsibilities of unit members relating thereto shall be posted at each school site.

10.1.1 Each site Annually site principals, in concert with the staff, shall review, and update as necessary, the positive student behavior plan, and protocols for responsiveness develop a student discipline plan, which at a minimum shall include expectations and consequences for student behavior, staff responsibilities for implementation, and a plan for communication with parents regarding their partnership with the site/District in the support of their students. parental responsibility and support. In the event the site plan includes a specific behavior strategy model (PBIS, restorative practices, MTSS, etc.) appropriate training shall be provided. for all school staff, including classified, during the regular duty day. This plan shall be reviewed annually and may be updated as necessary.

 10.1.2 When students are referred to the office, after the unit member has followed the guidelines of the positive student behavior plan, the staff member referring, the principal and the appropriate staff will meet to discuss appropriate consequences and develop a plan for a successful student reentry into the classroom. the principal shall provide a response, in a timely manner, describing actions taken. Either the principal or the unit member may request to meet to discuss appropriate consequences and develop a plan to address student behavior concerns. A unit member may refer a student to the principal, or his or her designee, for behavior issues including classroom disruption. The principal, or his or her designee, shall provide a response describing actions taken within ten (10) duty days.

 10.1.2 In addition, when a unit member is concerned that a student may require additional behavior interventions, the unit member shall notify the principal or administrative designee in writing. Within 10 days the principal or designee will schedule a meeting of the appropriate staff to identify resources and/or support.

I0.2   A unit member may suspend, for good cause, any pupil from his or her class for the day of the suspension and the day following. The unit member shall immediately report the suspension to the principal of the school and send the pupil to the principal for appropriate action. As soon as possible, the unit member shall ask the parent or guardian of the pupil to attend a parent-teacher conference regarding the suspension. A school administrator shall attend the conference if the unit member or the parent or guardian so requests. The pupil shall not be returned to the classroom from which he/she was suspended, during the period of the suspension, without the concurrence of the unit member and the principal. A pupil suspended from a class shall not be placed in another classroom during the period of suspension.

I0.3    In cases involving the possible exclusion or expulsion of a pupil by the Board, the affected school staff may submit written recommendations to the Board. Such recommendations shall be confidential in nature and shall be presented to the site principal for submission to the District Superintendent. Following a decision by the Board, the affected staff shall receive written notification of the Board’s decision. Such notification shall be confidential in nature and shall include a statement of reasons for the Board’s decision.

  • A unit member may use such reasonable force as is necessary to protect himself/herself from attack, to protect another person, to prevent damage to property, to quell a disturbance threatening physical injury to others, or to obtain possession of weapons or other dangerous objects upon the person or within the control of a pupil. Any time a unit member finds it necessary to use such force, he/she shall immediately report this incident to his/her immediate supervisor whether or not he/she considers this use of force as necessary to protect himself/herself or a
  • Any abuse of school personnel, assault or battery upon school personnel or any threat of force or violence directed toward personnel at any time or place which is related to school activity or school attendance, shall be reported by employees to their immediate supervisor. Employees shall notify the District of any violations as described herein and shall complete required reports as soon as practi
  • If a unit member becomes aware of a possible hazard to workplace safety/health, he/she shall immediately notify the site administrator who shall take appropriate action. If necessary, the unit member may remove the pupils from the

In response to unit member concerns regarding safety based on student behavior the district agrees:

When a unit member is concerned he or she does not have the necessary and appropriate support and/or equipment to provide a safe environment for the unit member and/or students because of the behavior of a particular student the unit member shall notify the principal, or his or her administrative designee, of the behavior incident in writing. The unit member shall document the specific details describing the behavior incident. Within ten (10) duty days, the principal or his or her administrative designee shall respond with specific written recommendations and/or provide appropriate support.

_____ The above is the counter to the following:

South Bay Union School District Proposal to Southwest Teachers Association

May 9, 2018

ARTICLE 10 

SAFETY CONDITIONS OF EMPLOYMENT 

I0.1 A copy of District rules and regulations governing student discipline and the rights and responsibilities of unit members relating thereto shall be posted at each school site.

10.1.1 Each site Annually site principals in concert with the staff shall review the develop a student discipline plan positive student behavior plan, and protocols for responsiveness, which at a minimum shall include expectations and consequences for student behavior, staff responsibilities for implementation, and a plan for communication with parents regarding their partnership with the site/District in the support of their students. parental responsibility and support. In the event the site plan includes a specific behavior strategies (PBIS, restorative practices, MTSS, etc.) appropriate training shall be provided for all school staff., including classified, during the regular duty day. This plan shall be reviewed annually and may be updated as necessary.

10.1.2 A unit member may refer a student to the principal, or his or her designee, for behavior issues including classroom disruption. The principal, or his or her designee, shall provide a response describing actions taken within ten (10) duty days. When students are referred to the office after following the guidelines of the positive student behavior plan the staff member referring, the principal and the appropriate staff will meet to discuss appropriate consequences and develop a plan for a successful student reentry into the classroom. In addition, when a unit member is concerned that a student may require additional behavior interventions the unit member shall notify the principal or administrative designee in writing. Within 10 days the principal or designee will schedule a meeting of the appropriate staff to identify resources and or support.

I0.2   A unit member may suspend, for good cause, any pupil from his or her class for the day of the suspension and the day following. The unit member shall immediately report the suspension to the principal of the school and send the pupil to the principal for appropriate action. As soon as possible, the unit member shall ask the parent or guardian of the pupil to attend a parent-teacher conference regarding the suspension. A school administrator shall attend the conference if the unit member or the parent or guardian so requests. The pupil shall not be returned to the classroom from which he/she was suspended, during the period of the suspension, without the concurrence of the unit member and the principal. A pupil suspended from a class shall not be placed in another classroom during the period of suspension.

I0.3    In cases involving the possible exclusion or expulsion of a pupil by the Board, the affected school staff may submit written recommendations to the Board. Such recommendations shall be confidential in nature and shall be presented to the site principal for submission to the District Superintendent. Following a decision by the Board, the affected staff shall receive written notification of the Board’s decision. Such notification shall be confidential in nature and shall include a statement of reasons for the Board’s decision.

  • A unit member may use such reasonable force as is necessary to protect himself/herself from attack, to protect another person, to prevent damage to property, to quell a disturbance threatening physical injury to others, or to obtain possession of weapons or other dangerous objects upon the person or within the control of a pupil. Any time a unit member finds it necessary to use such force, he/she shall immediately report this incident to his/her immediate supervisor whether or not he/she considers this use of force as necessary to protect himself/herself or a
  • Any abuse of school personnel, assault or battery upon school personnel or any threat of force or violence directed toward personnel at any time or place which is related to school activity or school attendance, shall be reported by employees to their immediate supervisor. Employees shall notify the District of any violations as described herein and shall complete required reports as soon as practi
  • If a unit member becomes aware of a possible hazard to workplace safety/health, he/she shall immediately notify the site administrator who shall take appropriate action. If necessary, the unit member may remove the pupils from the

The District and the Association agree the safety of all unit members and students is a priority.


**Southwest Teachers Association Counter Proposal to South Bay Union School District

May 9th 2018

Article 11 – Class Size

11.9 Whenever possible, the District shall make reasonable will make every effort to ensure classes are balanced to +/-4 students. equitable classes within each grade level based on program. The intent of this language is not to create additional combination classes, but to ensure, whenever possible, classes are balanced to +/- 3 students. A process will be in place at each site to determine will be in place at each school site for equitable student placement.

___  The above is the counter to the following:

**South Bay Union School District Counter Proposal to Southwest Teachers Association

May 9, 2018

Article 11. – Class Size

 11.9   Whenever possible, the District will make every effort to ensure classes are balanced to +/- 4 students. A process will be in place at each school site for student placement.

 


South Bay Union School District Proposal to Southwest Teachers Association

 May 9, 2018

Article 18. – Wages

18.1 Salary

18.1.1   Effective July 1, 2018 the salary schedule for members of the unit shall be increased by 4%.

18.1.2   Effective July 1, 2019 the salary schedule for members of the unit shall be increased by 2%.

18.1.3   Effective July 1, 2020 the salary schedule for members of the unit shall be increased by 2%.

18.1.4   The above salary schedules for members of the unit are attached to this Agreement as   Appendix A and A-1.


Southwest Teachers Association Proposal to South Bay Union School District

May 9th, 2018

Article 25 – NEW ARTICLE – Special Education

25.1 Definitions:

Caseload: refers to the number of students with IEP’s for whom the special education teacher is assigned, and each student is counted as “one” no matter the needs or severity.

Education Specialist: see Article 22

Co-teaching: Having two teachers in the classroom is used in the District to provide an inclusive setting for students with IEPs while ensuring that they are in the least restrictive environment as recommended by their IEP team. A co-teaching classroom typically contains a general education teacher and a special education teacher in the classroom. Paraprofessionals and others may also work in this setting to provide additional support. This includes the learning center model, service delivery model, or any other model in which the general education teacher and the special education teacher share students.

25.2 Co-teaching

25.2.1 Any school site considering or implementing a co-teaching model shall convene a team (consisting of the principal, a specialist, a general education teacher, and the psychologist) to regularly discuss the impacts and effects of co-teaching at the school site. The team shall reach consensus regarding all site-based co-teaching decisions.

25.2.2 Unit members shall not be required to accept co-teaching assignments.

25.2.3 Any unit member who will be impacted by co-teaching shall be provided reasonable advance notification.

25.2.4 The District shall not deny any unit member assigned to a co-teaching position the right to be re-assigned or transfer to a vacant position for which the unit member is qualified.

25.2.5 When co-teaching, the general education teacher and the special education teacher shall share students (all students will be placed on the general education roster and the SPED students will be placed on the SPED teacher’s caseload). Co-teaching class size shall be capped as determined in Article 11. The general education teacher and SPED teacher will typically collaborate on IEP goals and report cards.

25.2.6 Whenever the ratio of students with IEPs in a general education classroom exceeds 20% of the overall class size, the site administration will meet with the general education teacher, within ten (10) duty days of the request for such a

meeting, to develop a class support plan. Such supports may include, but not be limited to, smaller class size and/or a redistribution of site Special Education staff. When site resources are available, these supports must be provided.

25.2.7 Unit members impacted by co-teaching shall be provided specialized training at the unit member’s request, and shall be provided with release time or compensation at the unit member’s per diem rate.

25.2.8 Unit members who co-teach together shall be provided at least 7 hours additional collaboration time each month within the regularly contracted day. The unit members and principal shall mutually agree upon scheduling the collaboration time.

25.2.9 The District shall provide at least one instructional aide to assist in a co-teaching class during instructional time with 20% SPED students present. In the absence of the regular aide, a substitute aid shall be assigned.

25.2.9 Co-teaching issues and concerns shall be discussed at regularly scheduled Special Education committee meetings held pursuant to Article 22.8.

25.2.10 Any unit member assigned to a co-teaching position shall not be evaluated based on his or her ability to successfully implement the co-teaching model.

 25.3 Class Caps

Mild-Moderate classes shall be capped at 12:1.

Moderate-Severe classes shall be capped at 10:1.

Emotionally disturbed classes shall be capped at 8:1.

 25.4 Case managers shall be provided 9 release days for the purpose of working on IEPs, testing, or consultation. Case managers may do this work off-site.


**Memorandum of Understanding Counter Proposal Between Southwest Teachers Association & South Bay Union School District

May 9, 2018

It is hereby agreed by the Southwest Teachers Association (“SWTA”) and the South Bay Union District (“District”), collectively referred to as the “Parties,” that the Parties met and reached an agreement on the following:

  1. A District E-3 Lead (teacher) will be paid an annual stipend of $3000 to oversee the implementation of the Integrated Professional Learning System being available to Site Lead Teachers to guide support them as they guide teachers through the process of implementing the evaluation system.
  2. The District E-3 Lead (teacher) must have participated in the E-3 pilot program or served on the E-3 Committee. Interested teachers shall submit their names for consideration on or before ______.The E-3 committee shall make a recommendation for the District E-3 Lead Teacher position.
  3. This will be for the 2018-19, 2019-20 and 2010-21 school years.
  4. The District Lead will hold three meetings with E-3 Site Leads per year and be available to answer questions as needed.
  5. The District Lead will develop and disseminate three surveys per year to all participants in the evaluation cycle.
  6. There will be an E-3 Site Lead Teacher for each school site including VIP.
  7. Each Site Lead Teacher will be paid an annual stipend of $1200 to support teachers in the implementation of the Integrated Professional Learning (Evaluation) System during the 2018-19, 19-20 and 20-21 school years.
  8. The E-3 Site Lead Teachers must have participated in the pilot program during the 2017-18 school year. Interested teachers shall submit their names for consideration on or before ______.
  9. The duties will include three district meetings per year, site meetings as necessitated by need with pilot teachers to review the pilot process and communicate with site leadership regarding the process of the evaluation implementation at each site. This position will not evaluate peers, but be available to clarify questions throughout the school year for those going through the process for the first time.
  10. This Memorandum of Understanding is effective the start of the school year 2018 and ends the close of the school year 2021. It is a three year program.
  11. Should the E-3 Lead decide not to complete their duties the stipend will be prorated and another candidate will be considered.

____ The above is the counter to the following:

**Memorandum of Understanding Between South Bay Union School District

And Southwest Teachers Association

May 9, 2018

It is hereby agreed by the Southwest Teachers Association (“SWTA”) and the South Bay Union District (“District”), collectively referred to as the “Parties,” that the Parties met and reached an agreement on the following:

  1. A District E-3 Lead (teacher) will be paid an annual stipend of $3000 to oversee the implementation of the Integrated Professional Learning System being available to Site Lead Teachers to guide them as they guide teachers through the process of implementing the evaluation system.
  2. The District E-3 Lead (teacher) must have participated in the E-3 pilot program or served on the E-3 Committee.
  3. This will be for the 2018-19, 2019-20 and 2010-21 school years.
  4. The District Lead will hold three meetings with E-3 Site Leads per year and be available to answer questions as needed.
  5. The District Lead will develop and disseminate three surveys per year to all participants in the evaluation cycle.
  6. There will be an E-3 Site Lead Teacher for each school site including VIP.
  7. Each Site Lead Teacher will be paid an annual stipend of $1200 to support teachers in the implementation of the Integrated Professional Learning (Evaluation) System during the 2018-19, 19-20 and 20-21 school years.
  8. The E-3 Site Lead Teachers must have participated in the pilot program during the 2017-18 school year.
  9. The duties will include three district meetings per year, site meetings as necessitated by need with pilot teachers to review the pilot process and communicate with site leadership regarding the process of the evaluation implementation at each site. This position will not evaluate peers, but be available to clarify questions throughout the school year for those going through the process for the first time.
  10. This Memorandum of Understanding is effective the start of the school year 2018 and ends the close of the school year 2021. It is a three year program.
  11. Should the E-3 Lead decide not to complete their duties the stipend will be prorated and another candidate will be considered.

Memorandum of Understanding Between South Bay Union School District

And Southwest Teachers Association

 Regarding Preschool 

May 9, 2018

It is hereby agreed by the Southwest Teachers Association (“SWTA”) and the South Bay Union District (“District”), collectively referred to as the “Parties,” that the Parties met and reached an agreement on the following:

  1. The District will increase each Pre School Teacher Hours to 6.5 per day.
  2. This will be for the 2018-19 school year only.
  3. The attached schedule will allow for 30 minutes daily planning and 40 minute duty free lunch, the same as in 2017-18.
  4. The preschool committee will continue to meet to review funding for the future of preschool and the reciprocity model will be reviewed by the Executive Team and Preschool Collaboration Committee in January 2019 to discuss 2019-20 funding and possibilities for the Preschool to be self-funded and not encroach on the district general fund.

 



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