SEA AGREEMENT -2022-2025 FINAL

AGREEMENT

Between

SUNNYVALE SCHOOL DISTRICT

SUNNYVALE EDUCATION

ASSOCIATION (SEA)

July 1, 2022 - June 30, 2025

and

Table of Contents

Articles Page

Preamble ............................................................................................................................. 1

Article 1 – Recognition ....................................................................................................... 1

Article 2 – Non-Discrimination .......................................................................................... 2

Article 3 – Definitions ........................................................................................................ 3

Article 4 – Association and Employee Rights .................................................................... 5

Section 4.1 Rights of Association ............................................................................ 5

Section 4.2 Academic Freedom ............................................................................... 6

Section 4.3 Personal Rights ..................................................................................... 6

Article 5 – Management Rights .......................................................................................... 7

Article 6 – Professional Compensation ............................................................................... 8

Section 6.1 Salary .................................................................................................... 8

Section 6.2 Health and Welfare Benefits ............................................................... 10

Section 6.3 Miscellaneous Compensation ............................................................. 12

Section 6.4 Speech Language Pathologist (SLP) Compensation ........................... 13

Section 6.5 Social Worker Compensation ............................................................. 15

Section 6.6 Special Education Attract and Retain Salary Schedule Placement ..... 16

Section 6.7 Bilingual, Cross-Cultural, Language and Academic Development

Stipend for Dual-Language Immersion Program Teachers ................ 17

Article 7 – Grievance Procedure ....................................................................................... 19

Section 7.1 Purpose ................................................................................................ 19

Section 7.2 Definitions ........................................................................................... 19

Section 7.3 Procedure ............................................................................................ 20

Section 7.4 General Provisions .............................................................................. 22

Article 8 – Hours of Employment ..................................................................................... 24

Section 8.1 Teaching Hours ................................................................................... 24

Section 8.2 Job Sharing .......................................................................................... 29

Section 8.3 Work Year ........................................................................................... 32

Section 8.4 Teacher-in-Charge .............................................................................. 33

Article 9 – Class Size ........................................................................................................ 34

Section 9.1 Class Size Limits ................................................................................. 34

Section 9.2 Combination Classes ........................................................................... 36

Section 9.3 Social Worker Case Load ................................................................... 36

Articles Page

Article 10 – Leaves ........................................................................................................... 37

Section 10.1 Illness and Extended Illness Leave ..................................................... 37

Section 10.2 Catastrophic Sick Leave ..................................................................... 37

Section 10.3 Industrial Accident and/or Industrial Illness Leave ............................ 38

Section 10.4 Personal Necessity Leave (Deducted From Sick Leave) .................... 39

Section 10.5 Personal Business Leave (User Pays Substitute Cost) ........................ 40

Section 10.6 Bereavement Leave ............................................................................. 41

Section 10.7 Pregnancy Disability and Child Bonding Leaves ............................... 41

Section 10.8 Adoptive Leave ................................................................................... 43

Section 10.9 Infant Child Care Leave ...................................................................... 44

Section 10.10 Sabbatical Leave ................................................................................. 44

Section 10.11 Jury Duty or Witness Leave ................................................................ 46

Section 10.12 Legislative Leave ................................................................................ 47

Section 10.13 Association Leave ............................................................................... 47

Section 10.14 Conferences and Visitations ................................................................ 47

Section 10.15 Unpaid Leaves .................................................................................... 48

Section 10.16 Military Leave ..................................................................................... 49

Section 10.17 Disability Allowance ........................................................................... 49

Section 10.18 Employee Maintenance ....................................................................... 49

Article 11 – Transfer ......................................................................................................... 50

Section 11.1 Introduction ......................................................................................... 50

Section 11.2 Types of Transfers .............................................................................. 50

Section 11.3 Procedures For Employee – Initiated Transfer ................................... 50

Section 11.4 Procedures For Administrative – Initiated Transfer ........................... 51

Section 11.5 Reassignment ...................................................................................... 51

Section 11.6 Transfers to Exchange Positions ......................................................... 52

Article 12 – Certificated Employees Evaluation ............................................................... 53

Section 12.1 Evaluation Procedure .......................................................................... 53

Section 12.2 Permanent Members ........................................................................... 53

Section 12.3 Probationary Members ........................................................................ 56

Section 12.4 Temporary Members ........................................................................... 56

Section 12.5 Goals Conferences .............................................................................. 57

Section 12.6 Support Plans ...................................................................................... 57

Section 12.7 Personnel Files .................................................................................... 58

Section 12.8 Public Charges .................................................................................... 58

Article 13 – Safety Conditions of Employment ................................................................ 60

Section 13.1 Unsafe Conditions ............................................................................... 60

Section 13.2 Suspension .......................................................................................... 60

Section 13.3 Assault on Employees ......................................................................... 60

Section 13.4 Legal Defense of Unit Members ......................................................... 60

Section 13.5 Damage to Personal Property .............................................................. 61

Section 13.6 Rights and Duties of Employees ......................................................... 61

iii

Articles Page

Article 14 – Organizational Security ................................................................................ 62

Section 14.1 Maintenance of Membership .............................................................. 62

Section 14.2 Dues Deduction Authorization ........................................................... 62

Section 14.3 Payment of Monies ............................................................................. 62

Section 14.4 Deductions – Other Purposes .............................................................. 62

Section 14.5 Agency Fee (Fair Share) ..................................................................... 62

Article 15 – Negotiation Procedures ................................................................................. 64

Section 15.1 Negotiations – General ........................................................................ 64

Section 15.2 Outside Consultants ............................................................................ 64

Section 15.3 Representatives ................................................................................... 64

Section 15.4 Time and Place .................................................................................... 64

Section 15.5 Number of Representatives ................................................................. 64

Section 15.6 Reports ................................................................................................ 64

Section 15.7 Tentative Agreements ......................................................................... 64

Section 15.8 Final Approval .................................................................................... 64

Article 16 – Effect of Agreement ...................................................................................... 65

Section 16.1 Complete Understanding .................................................................... 65

Section 16.2 Individual Contracts ............................................................................ 65

Section 16.3 Savings ................................................................................................ 65

Section 16.4 Miscellaneous ..................................................................................... 65

Article 17 – No Strike, No Lockout .................................................................................. 66

Article 18 – State Pre-School Program ............................................................................. 67

Section 18.1 Compensation Guides ......................................................................... 67

Section 18.2 Hours of Employment ......................................................................... 69

Section 18.3 Seniority .............................................................................................. 69

Section 18.4 State Pre-School Program Staffing ..................................................... 69

Section 18.5 Class Size ............................................................................................ 70

Article 19 – Temporary and Probationary Teacher Rights ............................................... 71

Section 19.1 Employment Rights of Temporary Teachers to Vacancies

Occurring During the School Year ..................................................... 71

Section 19.2 Employment Rights of Temporary Teachers to Vacancies for the

Ensuing School Year ........................................................................... 71

Section 19.3 Probationary Teacher Dismissal ......................................................... 72

Article 20 – Inclusion ........................................................................................................ 73

Article 21 – Teacher on Special Assignment ................................................................... 74

Section 21.1 Purpose ................................................................................................ 74

Section 21.2 Beliefs and Values .............................................................................. 74

Articles Page

Section 21.3 Definition ........................................................................................... 74

Section 21.4 TOSA Classifications and Length of Service .................................... 74

Section 21.5 Appointment To and Exit From TOSA Positions ............................... 76

Section 21.6 Other Provisions .................................................................................. 76

Article 22 – Site Based Decision Making ......................................................................... 77

Section 22.1 Site Based Decision Making ............................................................... 77

Article 23 – Retirement ..................................................................................................... 78

Section 23.1 Early Retirement (Hire Date Prior to July 1, 2006) ............................ 78

Section 23.2 Early Retirement (Hire Date On or After July 1, 2006) ...................... 80

Section 23.3 Retirees Maintenance of Fringe Benefits ............................................ 82

Section 23.4 Part-Time Employment with Full Retirement Credit .......................... 82

Early Retirement Scenarios ................................................................. 84

Article 24 – Discipline ...................................................................................................... 88

Section 24.1 Just Cause/Due Process ....................................................................... 88

Section 24.2 Progressive Discipline ........................................................................ 88

Section 24.3 Notice of Suspension .......................................................................... 90

Section 24.4 Arbitration ........................................................................................... 90

Section 24.5 Confidentiality .................................................................................... 90

Section 24.6 Education Code ................................................................................... 90

Written Warning Timeline .................................................................. 91

Written Reprimand Timeline .............................................................. 92

Article 25 – Duration and Re-Openers .............................................................................. 93

Section 25.1 Duration .............................................................................................. 93

Section 25.2 Subsequent Contract Negotiations ...................................................... 93

Signature Page .................................................................................... 94

Appendices Page

Appendix A

Appendix A-1 Credentialed Teachers Salary Schedule (Effective 07/01/22) ............ 96

Appendix A-2 Permit Teachers Salary Schedule (Effective 07/01/22) ...................... 97

Appendix A-3 Credentialed Teachers Salary Schedule (Effective 07/01/23) ............ 98

Appendix A-4 Permit Teachers Salary Schedule (Effective 07/01/23) ...................... 99

Appendix A-5 Credentialed Teachers Salary Schedule (Effective 07/01/24) .......... 100

Appendix A-6 Permit Teachers Salary Schedule (Effective 07/01/24) .................... 101

Appendix A-7 Adjunct Duty Stipend Chart .............................................................. 102

Appendix A-8 Curriculum Related Committees ....................................................... 103

Appendix B – Fringe Benefits ........................................................................................ 104

Appendices Page

Appendix C

Appendix C-1 2022 – 2023 Teacher Work Year Calendar ...................................... 106

Appendix D

Appendix D-1 Individual Professional Goal Form ................................................... 107

Appendix D-2 Off-Cycle Goals Reflection Form ..................................................... 108

Appendix D-3 Pre-Observation Feedback Form ...................................................... 109

Appendix D-4 Post-Observation Feedback Form ..................................................... 110

Appendix D-5 Alternative Evaluation Plan Goal Form ............................................ 111

Appendix D-6 Alternative Option Signature Page Form .......................................... 113

Appendix D-7 Self-Reflection Summary Form ........................................................ 114

Appendix D-8 Traditional Formal Certificated Instructional Evaluation

Summary Form ................................................................................. 115

Appendix D-9 Extended Evaluation Off-Cycle Agreement Form ............................ 119

Appendix D-10 Teacher Support Plan Form ............................................................ 120

Appendix E – California State Law for Master Plan ...................................................... 121

Appendix F – Personal Necessity Leave Request Form ................................................. 122

Appendix G – Personal Business Leave Request Form .................................................. 123

Appendix H – Suspension ............................................................................................... 124

Appendix I – Contract Waiver for Restructuring ............................................................ 130

Appendix J

Appendix J-1 Request for Catastrophic Sick Leave Donation Form ....................... 134

Appendix J-2 Catastrophic Sick Leave Donor Form ............................................... 135

Appendix K

Appendix K-1 Grievance Statement Level 1 ............................................................ 136

Appendix K-2 Grievance Statement Level 2 ............................................................ 137

Appendix L – Guidelines of Best Practices: Meetings ................................................... 138

Appendix M – Suspension of PAR Program ................................................................. 140

SUNNYVALE SCHOOL DISTRICT

Sunnyvale, California

Board of Education

Bridget Watson President

Nancy Newkirk Vice President

Isabel Jubes-Flamerich Clerk

Jeffrey Arnett Member

Michelle Maginot Member

Michael Gallagher, Ed.D., Superintendent,

Secretary to the Board

Sunnyvale Education Association

Executive Board

Wendi Smith, President

Laura Smith, Vice President

Leslie Justis, Secretary

Heather Mumy, Treasurer

Elementary Directors

Kevin Davis

Karen Hoefer

Intermediate Directors

Sheila McKell

Jesse Weinstock

SUNNYVALE SCHOOL DISTRICT

Sunnyvale, California

Sunnyvale Education Association

Negotiation Team

Heather Mumy, Chair

Marianne Bouja

Leslie Justis

Julie Maddox

Nancy Messner

Don Pearson

Laura Smith

Wendi Smith

Sunnyvale School District

Board of Education Negotiation Team

Jeremy Nishihara, Chair

Mary Beth Allmann

Kathryn Armstrong

Rachelle Romander

Gregory J. Dannis, Esq.

Dannis Woliver Kelley

PREAMBLE

[Negotiated 1976, 2018]

The parties to this agreement share a core belief that the workplace must be imbued with respect for all

individuals whose common mission is to provide quality education for all students. As professionals and

role models for the students we serve, we believe that supporting each other intellectually, socially and

emotionally must be reflected in our words and our deeds.

In furtherance of these beliefs, the Board of Education of the Sunnyvale School District of Sunnyvale,

California, hereinafter referred to as the employer or Governing Board (Board), and the Sunnyvale

Education Association (SEA), an affiliate of the California Teachers Association and the National

Education Association, hereinafter referred to as the Association, agree as follows:

ARTICLE 1

RECOGNITION

[Negotiated 2022]

1.1 The Board hereby recognizes the Association as the exclusive representative for temporary,

probationary, and permanent certificated positions excluding positions designated as

management, supervisory, confidential, substitute, and summer school teachers.

1.2 The Board agrees not to meet and negotiate with any teachers’ organization other than the

Association for the duration of this Agreement; further, the Board agrees not to negotiate with any

member of the unit individually during the duration of this Agreement on matters subject to

meeting and negotiating.

1.3 The Association recognizes the Board as the duly elected representative of the people and agrees

to negotiate only with the Board or its duly authorized representatives designated by the Board to

act in its behalf. The Association agrees further that neither it nor any of its members or agents

will attempt to meet and negotiate privately or individually with any Board member or Board

representative.

1.4 The Association agrees that neither it, nor its members or agents, will attempt to represent in any

negotiations or grievances, pursuant to this Agreement, the interests of anyone other than members

of the unit.

ARTICLE 2

NON-DISCRIMINATION

[Negotiated 1976]

2.1 The Board agrees to consult with the Association on procedures for implementation of state and

federal regulations regarding non-discrimination. (For reference only; these procedures may be

found in Board Policy 4030 and Administrative Regulation 4030) [Negotiated 2007]

ARTICLE 3

DEFINITIONS

[Negotiated 2016]

3.1 The “Act” as used in this Agreement means Chapter 10.7, Sections 3540 through 3549.3, of

Division 4 of Title I of the Government Code of the State of California.

3.2 “Certificated Employee”, “Employee”, or “Teacher” as used in this Agreement is defined to mean

any person who is included in this bargaining unit and therefore covered by the terms and

provisions of this Agreement.

3.3 “The scope of representation” shall be limited to matters relating to wages, hours of employment,

and other terms and conditions of employment. “Terms and conditions of employment” mean

health and welfare benefits as defined by Section 53200, leave and transfer policies, safety

conditions of employment, class size, procedures to be used for the evaluation of employees,

organizational security pursuant to Section 3546, and procedures for processing grievances

pursuant to Sections 3548.5, 3548.6, 3548.7 and 3548.8 of the Government Code.

3.4 “Meeting and negotiating” means meeting, conferring, negotiating and discussing by the exclusive

representative and the public school employer in a good faith effort to reach an agreement on

matters within the scope of representation and the execution, if requested by either party, of a

written document incorporating any agreements reached, which document shall, when accepted by

the exclusive representative and the public school employer, become binding upon both parties

and, notwithstanding Government Code Section 3543.7 shall not be subject to subdivision 2 of

Section 1667 of the Civil Code. The agreement may be for a period not to exceed three (3) years.

3.5 “Superintendent” as used in this Agreement is defined to mean the Superintendent of the District

or the Superintendent’s designee.

3.6 “They”, “Them”, “Their” and “Themselves” are non-gender terms for he/she, him/her, his/her and

himself/herself respectively.

3.7 “Exclusive Representative” as used in this Agreement means the Sunnyvale Education

Association, an affiliate of the California Teachers Association and the National Education

Association.

3.8 “Administrator” is used in this Agreement to mean District employees in management and

supervisory positions.

3.9 “Principal” is defined to mean employees who are the chief executive officers for one or more

schools with total responsibility to manage all affairs of the school including general control and

supervision of all certificated, classified, and other employees as well as volunteers assigned to the

school.

3.10 “Management employee” is defined to mean any employee in a position having significant

responsibilities for formulating District policies or administering District programs. Management

positions shall be designated by the public-school employer subject to review by the Public

Employment Relations Board.

3.11 “Public School Employer” or “employer” or “Board” or “District” or “School District” as used in

this Agreement is defined to mean the Governing Board of the Sunnyvale School District.

3.12 “Immediate family” is defined to mean mother, father, grandmother, grandfather of the employee

or of the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law,

brother, brother-in-law, sister, sister-in-law, or grandchild of the employee or any person residing

in the immediate household of the employee. A person standing or who has stood in loco parentis

shall be considered a member of the immediate family.

3.13 “Days” means days members of the unit are required to render paid services to the District except

as set forth in Section 7.2.4 and Article 12.

3.14 “Seniority” shall be based on the first date of paid contractual and continuous service as a

certificated employee in the District. Such continuous service will include all granted leaves.

3.15 “Conferencing Days” as used herein shall mean 180 student contact minutes for grades TK-5.

3.16 “Minimum Day” as used herein shall mean 255 student contact minutes for grades TK-5 and self-

contained 6th, 7th and 8th.

3.17 “School year” shall mean July 1 through the following June 30.

3.18 “RIF” means Reduction in Force.

3.19 “Professional Growth seminar” shall mean a class, course, workshop, conference, or seminar

which is sponsored by the District after contract hours.

3.20 “Workshop” as applied to the Adjunct Duty Stipend Chart shall mean a course of study not

sponsored by the District and which takes place on a non-work day.

3.21 “Staggered Program” as used herein shall mean student contact minutes as set forth in Section

8.1.2.1 less 60 minutes for grades TK-3. (i.e., a part of each class would begin their day 60

minutes after the commencement of school and the other part of the class would be dismissed 60

minutes prior to the close of school for that grade level.)

3.22 “Standard Day” as used herein shall mean a day where students are in attendance for the full

school day.

3.23 “Teacher Prep Period Day” is a day when students are dismissed early for the purpose of

providing prep time for elementary teachers.

3.24 “Teacher Learning Day” is a day when students are dismissed early for the purpose of providing

time for teacher collaboration.

3.25 “Late Start Day” for Middle School is a day when students arrive at school later than the standard

day schedule for the purpose of providing time for teacher collaboration and parent meetings.

ARTICLE 4

ASSOCIATION AND EMPLOYEE RIGHTS

[Negotiated 1976]

4.1 Rights of the Association

4.1.1 Right to Represent – The exclusive representative shall have the right to represent members

of the unit in employment relations with the District.

4.1.2 Right to Associate – The Board and Association recognize the right of employees to form,

join and participate in the activities of an organization and the equal alternative right of

employees to refuse to form, join or participate in employee organization activities.

4.1.3 Legal Rights – The Board agrees not to impose or threaten to impose reprisals on

employees or the Association, discriminate against employees or otherwise interfere with,

restrain, or coerce employees because of their exercise of rights guaranteed by this

Agreement.

4.1.4 Rights of Access, Communication and Use of Facilities – The Association shall have the

right of access at reasonable times to areas in which employees work, the right to use staff

bulletin boards, mail boxes, e-mail and other means of communication subject to reasonable

regulations, and the right to use District facilities at reasonable times for the purposes of

meetings concerned with the rights guaranteed in the Act. [Negotiated 2000]

4.1.4.1 Access – Persons not members of the school staff who wish to come on the

school site for Association matters during the school day shall notify the site

administrator. Such visits shall be during non-teaching time.

4.1.4.2 Communication – The Association shall be entitled to post notices of

Association concern on a staff bulletin board in each school complex. The

Association shall be entitled to the use of regular inter-school delivery services,

e-mail and mail boxes for communication to certificated employees regarding

matters which involve the Association. An Association representative shall be

responsible for intra-school distribution of said communication. [Negotiated

2007]

4.1.4.3 Use of Facilities – The Association may use school facilities for meetings either

before or following employees’ daily period of services, subject to approval of

the principal. Such approval shall be granted unless such meetings conflict with

previously scheduled use of such facilities or the buildings are otherwise

unavailable for use. Such meetings shall not interfere with the service of the

employees or the school program. The principal assigned to a site, has full

responsibility during normal school hours for approving or rejecting requested

use of facilities, and for supervision and management of District property,

whether it is being used for school purposes or by non-school groups for Civic

purposes.

4.1.5 Employee Names – The Employer shall provide the Association with names and

assignments of all bargaining unit personnel no later than October 15 of each school year

and of all bargaining unit personnel employed after September 30 of each year within thirty

(30) days of employment.

4.1.6 The District will make every effort to schedule meetings so as not to conflict with

scheduled SEA Representative Council meetings. SEA will provide the District with its

meeting schedule in a timely manner to assist in this effort. In the event of an unforeseen

conflict, the District administrator responsible for scheduling the event will notify the SEA

President in advance of the event. [Negotiated 2007]

4.2 Academic Freedom

Academic freedom shall be guaranteed to teachers in the study, investigation, presentation, and

interpretation of facts and ideas concerning man, human society, the physical and biological

world, and other branches of learning subject to accepted standards of professional responsibility

with due regard to the maturity level of the student, District rules and policies, and the laws of the

State of California.

4.3 Personal Rights

No member of the unit shall be denied the rights of citizenship. The Board recognizes that the

personal life of an employee is not an appropriate concern of the District, except as it may affect

work performance.

ARTICLE 5

MANAGEMENT RIGHTS

[Negotiated 1976]

5.1 The Board on its own and on behalf of the electors of the District, hereby retains and reserves unto

itself, without limitations, except as provided by this Agreement, all powers, rights, authority,

duties, and responsibilities conferred upon and vested in it by the laws and Constitutions of the

United States and the State of California, including, but not without limiting the generality of the

foregoing, the rights:

5.1.1 To determine and administer policy.

5.1.2 Subject to the provisions of the law and this Agreement, to hire all employees, to determine

their qualifications and the conditions for their continued employment, transfer, or their

dismissal, demotion, or promotion.

5.1.3 To delegate to the Superintendent and other legally-appointed officers, the operation of the

schools, the executive management and administrative control of the school system, its

properties and facilities, including, but not limited to, innovative and experimental

exploration in the field of education, experimental and innovative use of District facilities,

and experimental and pilot investigation of new educational programs.

5.1.4 The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the

Board, the adoption of policies, rules and regulations, and practice in furtherance thereof,

and the use of judgment and discretion in connection therewith shall be limited only to the

specific and express terms of this Agreement.

5.1.5 It is understood and agreed that wherever the Board exercises its discretion, or is given

authority to exercise its discretion in this Agreement, such discretion or authority to

exercise discretion shall be limited only by the terms of this Agreement.

ARTICLE 6

PROFESSIONAL COMPENSATION

6.1 Salary

6.1.1 For 2022-2023: The parties agree to increase the 2021-2022 salary schedules by seven percent

(7%) effective July 1, 2022. [Negotiated 2022]

For 2023-2024: The parties agree to increase the 2022-2023 salary schedules by five percent

(5%) effective July 1, 2023. [Negotiated 2022]

For 2024-2025: The parties agree to increase the 2023-2024 salary schedules by three percent

(3%) effective July 1, 2024. [Negotiated 2022]

6.1.2 The salary schedule shall be implemented as follows:

6.1.2.1 Initial Placement – Initial placement on the appropriate salary schedule (See

Appendices A) is dependent upon four factors: (1) possession of a valid

credential; (2) completion of a Bachelor’s Degree; (3) the number of college or

university semester units completed after receipt of the Bachelor’s Degree; and

(4) the number of years of prior teaching experience.

6.1.2.1.1 In addition to the four factors in section 6.1.2.1, initial placement on

the appropriate salary schedule may also be determined by the

number of additional college or university semester units earned in

order to attain a credential, after having completed the number of

units necessary to earn a Bachelor’s Degree. These units are

considered to be “post-baccalaureate” units when earned pursuant to a

state approved undergraduate integrated teaching credential program

(commonly referred to as a “blended credential program”), as

authorized by Education Code section 44259.1 or out of state

equivalent. This section shall be effective prospectively for teachers

employed on or after July 1, 2018 in accordance with Education Code

section 45028(b)(1). [Negotiated 2018]

6.1.2.2 Training and Experience – Certificated personnel will be responsible for

furnishing the Human Resources Office sufficient evidence of training and

experience. Official transcripts from colleges and universities are required of all

certificated personnel.

6.1.2.2.1 Upon initial employment, beginning July 1, 2001, the Board of

Education will allow up to a maximum of fifteen (15) years of prior

teaching experience for placement on the salary schedule.

6.1.2.2.2 Upon initial employment, beginning July 1, 2017, the Board of

Education will allow all years of prior credentialed teaching

experience for placement on the salary schedule. Credit for

prior nonpublic school teaching experience (K-12) may be

granted by the Superintendent or designee. The prospective

member shall have held a valid teaching credential, and the

nonpublic school shall have been certified by the California

State Department of Education or its equivalent in other states.

[Negotiated 2022]

6.1.2.2.3 A year of experience shall consist of active service (paid status) for

at least 75% of the number of working days of each school year.

Fractional parts of different school years may not be added for the

purpose of counting a year of experience in placement on the salary

schedule. [Negotiated 2022]

6.1.2.3 Vertical Advancement – After initial employment, vertical advancement on the

salary schedule from one step to the next shall be allowed where the employee

has been in paid status for at least 75% of the number of working days

required by the terms of their annual contract of employment. Vertical

advancement will be made at the beginning of each school year. [Negotiated

2022]

6.1.2.4 Horizontal Advancement – Horizontal advancement from column to column on

the salary schedule will be made at the beginning or middle of each school year,

as defined below, upon verification by official college or university transcripts.

Units of work are in the terms of semester units. A maximum of seven (7)

credits for approved professional growth seminars may be used in moving from

one column to the next. [Negotiated 2022]

6.1.2.5 All course work taken after initial employment, must have prior approval by the

principal or immediate supervisor of the certificated person. In cases when prior

approval was not obtained by the employee, the principal or immediate

supervisor, at their option, may subsequently approve the course work.

6.1.2.5.1 Beginning of Year Salary Moves: Official transcripts verifying

additional units for course work must be submitted to the Human

Resources Department no later than October 1 in order for credit to be

given for additional units effective at the beginning of that school

year.

6.1.2.5.2 Middle of Year Salary Moves: Official transcripts verifying

additional units for course work completed by December 31 must be

submitted to the Human Resources Department no later than January

31 in order for credit to be given for additional units for a mid-year

salary move. The mid-year salary change for these units will be

effective as of February 1 and will be reflected in the February pay

warrant. [Negotiated 2015]

6.1.2.5.3 Verification for completion of Certificate of Clinical Competence

(CCC), California Language Acquisition and Development (CLAD),

and National Board Certification (NBC) shall be submitted upon

completion. [Negotiated 2007]

6.1.2.6 Scholarship – To encourage a high level of scholarship in the District’s

professional staff, the following conditions will prevail:

6.1.2.6.1 College or university course work, to be credited for salary

advancement, must be at the level of “C” grade or above, on a grading

scale represented by A, B, C, D, F. Grades D, F, and Incomplete are

not acceptable.

6.1.2.6.2 When institutions grade on a “pass-fail” or “plus-minus”, those units

receiving “pass” or “plus” shall be considered as qualifying units

though not included in averaging procedures. “Fail” or “minus” units

will not be credited.

6.1.2.7 Career Increments – Beyond Step 12

To advance beyond Step 12, an additional three (3) years of service is required

for each career increment. [Negotiated 2022]

6.1.2.8 The following stipends will be listed on the Teachers With Valid Credential

Salary Schedule (Appendix A-1): Masters Degree (MA), National Boards

Certification (NB Cert.), Certification of Clinical Competence (CCC), LCSW,

and Doctorate. Employees are eligible for only one stipend for an advanced

degree (MA, Doctorate) regardless of the number of degrees earned. Employees

are eligible to earn the NB, LCSW, and CCC stipends in addition to one

advanced degree stipend.

Effective July 1, 2016, social workers, as defined under 6.5.5, who possess a

valid California social worker license (LCSW) as defined by the California

Department of Consumer Affairs Board of Behavioral Sciences will receive a

stipend the same as the annual National Boards Certification (NB Cert.) stipend.

[Negotiated 2018]

6.2 Health and Welfare Benefits

Health and Welfare Benefits are set forth in Appendix “B” attached.

6.2.1 District and Unit Member Shared Contribution for Health Premiums.

[Negotiated 2016]

6.2.1.1 The District shall assume and pay for the cost of dental, vision and life insurance

benefits, for the employee only, provided in the Agreement through the 2020-

2021 school year.

6.2.1.2 The District shall assume and pay for the full cost of health (medical) insurance

benefits provided in the Agreement, together with employee automatic payroll

deductions as necessary, through December 31, 2021, for health insurance

premiums as follows:

6.2.1.2.1 The District shall assume and pay for the full cost of health (medical)

insurance benefits provided in the Agreement for the employee only,

prorated for part-time employees who work at least half-time.

6.2.1.2.2 The District shall assume and pay for seventy percent (70%) of the

full cost of health (medical) insurance benefits provided in the

Agreement for the employee’s dependents (i.e., one dependent or

family coverage). The employee shall contribute the remaining thirty

percent (30%) of the cost of dependent coverage through automatic

payroll deduction.

6.2.1.2.3 For eligible part-time employees (see section 6.2.1.2.1), the District’s

70% contribution level shall be prorated by the same percentage

representing the part-time employee’s full-time equivalency (FTE).

For example: For a half-time (.5 FTE or 50% employee), the District

would assume and pay for one-half the cost of the employee’s own

health premium and one-half of the 70% contribution for dependent

coverage (equal to 35% of the cost of dependent coverage). The

employee would contribute one-half their employee health premium,

and the remaining 65% of the premium for dependent coverage.

6.2.1.2.4 The parties agree that their common interest is to contain the overall

cost of health and welfare benefits while preserving a quality health

plan. Accordingly, the parties acknowledge and agree that, depending

on the demographics of the bargaining unit regarding health coverage

(employee only and dependent coverage), aggregate cost savings may

be achieved by changing the manner or design by which premiums

are assessed and paid to the insurance carriers, i.e., composite or

tiered rate structures. The parties agree it is in their mutual interest to

maximize cost savings in this manner. The District will collaborate

and consult with the Association through the Health and Welfare

Insurance Committee prior to deciding to implement changes in

premium design.

6.2.1.2.5 The parties agree to pursue aggressively changes in plan design, e.g.,

co-pays, deductibles, prescription co-pay configurations, etc., so as to

contain, mitigate and offset increases in health and welfare benefit

premiums. Such changes shall be explored through the Health and

Welfare Insurance Committee, which shall issue recommendations to

the District and bargaining units for consideration and potential

adoption.

6.2.2 Any member who works less than full time but at least half time, shall have their

benefits pro-rated.

6.2.3 Employees who have been RIF’d shall have their health and welfare benefits paid for by the

District until September 30 of the year in which they are RIF’d.

This provision expresses the full and complete understanding between the parties with

respect to the subject of the economic effect of a RIF of employees occurring during the

term of the Agreement.

6.3 Miscellaneous Compensation

6.3.1 Per Diem – “per diem” as used in this Agreement shall mean the unit member’s annual

salary divided by the total number of work days.

6.3.2 Unit members assigned additional work days shall be compensated on a per diem basis or

receive compensatory time. This decision shall be made in collaboration between the

teacher and the supervisor, with the supervisor making the final decision.

6.3.3 Transportation – Certificated employees using their personal automobiles to transport

students on field trips or who are assigned to more than one school per day shall be

reimbursed for all such travel at the rate currently allowed by IRS Regulations for all

driving done on such travel or between arrival at the first working assignment and the

departure from the last assignment.

6.3.4 Unit members who complete a professional growth seminar will be paid at the hourly rate

of .000375 of base salary (Base salary is the first/lowest step on the fully credentialed

teacher salary schedule, Appendix A-1), upon submitting to the District proof of completion

of such seminar. “Professional Growth Seminar” shall mean a class, course, workshop,

conference, or seminar which is sponsored by the District after contract hours. Unit

members must submit Form “F” (Professional Growth Stipend) to the Human Resources

Department on or before June 10 of the year in which the activity occurred. [Negotiated

2000]

Unit members who elect to be paid for completion of a professional growth seminar shall

not, simultaneously, utilize such seminar for purposes of receiving a career increment

pursuant to Section 6.1.2.7.

6.3.5 Extra Duty/Adjunct Compensation (After School Hours) [Negotiated 2003]

All adjunct hourly pay shall be .0009 of base salary. (Base salary is the first/lowest step on

the fully credentialed teacher salary schedule, Appendix A-1). This shall also be the

standard for reimbursement for teachers who substitute during their preparation period.

See Appendix A-7 for the Adjunct Duty Stipend Chart for 2018-2019. An updated

schedule will be distributed annually.

6.3.5.1 The parties acknowledge that unit members perform professional duties and

responsibilities that do not always fall within the regular work day as defined by

this Article.

6.3.5.2 The purpose of this section is to set forth compensation, either by stipend or

hourly pay (as set forth in Appendix A-7, Adjunct Duty Stipend Chart) for some

of these duties and responsibilities.

6.3.5.3 Participation in committees not required by law is voluntary. “Voluntary”

means the decision to participate on any committee is entirely at the initiative

and discretion of the teacher.

6.3.5.4 In order to allow teachers to participate in committee work for the District or

school site, committees are established on a District or school-wide basis.

Participation on District or site committees is voluntary as defined in this

Article.

6.3.5.5 In order to receive the stipend provided in Appendix A-1, A-3 and A-5, teachers

must attend at least 80% of all scheduled meetings of each committee for which

they volunteer, and remain in attendance for at least 80% of the schedules

duration of each meeting. Attendance records will be maintained.

6.3.5.6 Written prior approval by an administrator of assignment to a committee,

adjunct duty or other activity listed on Appendix A-7 and A-8 is necessary to

receive the stipend or hourly compensation for such activity. If it is a District

sponsored workshop, prior approval by a principal is not necessary.

6.3.5.7 The parties agree that we will annually review the aggregate cost of adjunct duty

compensation.

6.3.6 Teachers required to move from one classroom to another as a result of construction will be

provided two (2) days of compensation at a rate of $150 per day in order to pack and

unpack their materials and to prepare the new learning environment. The District shall

provide moving boxes and supplies and shall transport personal and professional materials

of the teacher from one work location to another. Teachers may explore with their

principals options to facilitate the move, minimize interruption of instruction, minimize the

impact on the teacher’s personal time, and focus on safety. Options may include providing

a substitute teacher in lieu of the $150 per day payment. [Negotiated 2016]

6.4 Speech Language Pathologist (SLP) Compensation [Negotiated 2011]

6.4.1 New SLPs shall initially be placed at least at Column D, Step 9 of the teacher salary

schedule (“schedule”) regardless of whether their actual years of experience and/or training

(units and degrees) are less than Step D-9 of the schedule indicates.

6.4.1.1 New SLPs shall thereafter progress on the schedule as follows:

Year 1 – D-9

2 – D-11

3 – D-11

4 – D-12

5 + According to schedule (after 3 years at D-12, move to D-15, etc.)

6.4.1.2 New and current SLPs whose actual years of experience and training (units and

degrees) are equal to or greater than Step D-10 of the schedule indicates shall

initially be placed and progress on the schedule based on their actual years of

experience and training (units and degrees) according to the requirements in

section 6.1.2. (Note: See section 6.4.6 for scenarios implementing section 6.4.1)

6.4.2 All SLPs shall continue to be eligible to receive the advanced degrees and certifications

stipends provide on the schedule in addition to their regular salary.

6.4.3 If for any reason a SLP is assigned to a classroom position and does not continue to provide

services as a SLP as defined in this section 6.4, their placement on the schedule shall be

changed as necessary to comply with the requirements of section 6.1.2.

6.4.4 Current SLPs who are at D-10 or greater, as of July 1, 2011, shall receive an annual stipend

of $5000 per FTE which shall be paid in the final pay warrant each school year.

6.4.5 As used in this section 6.4, a SLP is an individual assigned to this job title and performing

the responsibilities contained in the SLP job description. In addition, a SLP for purposes of

this section also includes the following:

6.4.5.1 A classroom teacher or audiologist with the requisite qualifications who is

performing the responsibilities contained in the SLP job description and is listed

as the SLP on appropriate official records and reports for a student such that a

SLP performing under that title is not also assigned to the same student, and that

student does not appear on a SLPs caseload.

6.4.5.2 A SLP as defined in section 6.4.5.1 shall receive the $5000 stipend per FTE as

set forth in section 6.4.4 if they provides SLP services to ten (10) or more

students during a school year. The stipend shall be $2500 per FTE if services

are provided to fewer than ten (10) students during a school year.

6.4.5.3 In no event shall a unit member qualify for or receive more than one (1) $5000

stipend as described in section 6.4.4.

6.4.6 The parties agree the following scenarios reflect their mutual intent and understanding

regarding implementation of this section 6.4.

6.4.6.1 New SLP with 0-8 years experience:

Year 1 – D-9

2 – D-11

3 – D-11

4 – D-12

5 + According to schedule (after 3 years at D-12, move to D-15, etc.)

6.4.6.2 New SLP with 9 years experience:

Year 1 – D-10

2 – D-11

3 – D-12

4 + According to schedule (after 3 years at D-12, move to D-15, etc.)

6.4.6.3 New SLP with 10 years experience:

Year 1 – D-11

2 – D-12

3 + According to schedule (after 3 years at D-12, move to D-15, etc.)

6.4.7 The parties acknowledge and agree that their express intent in enacting this section 6.4 is to

establish a salary schedule for SLPs based on criteria other than a uniform allowance for

years of training and experience pursuant to the Education Employment Relations Act,

Government Code section 3543.2, section (e). Specifically, the parties seek to provide a

distinct salary for SLPs based on the critical need for such services and to further the

District’s ability to attract and retain SLPs for the educational and economic benefit of the

District and the students it serves.

6.5 Social Worker Compensation [Negotiated 2018]

6.5.1 Social Workers shall initially be placed at least at Column D, Step 5 of the teacher salary

schedule (“schedule”) regardless of whether their actual years of experience and/or training

(units and degrees) are less than Step D-5 of the schedule indicates.

6.5.1.1 Social Workers shall thereafter progress on the schedule as follows:

Year 1 – D-5

2 – D-6

3 – D-7

4 – D-8

5 – D-9

6 – D-10

7 – D-11

8 – D-12

9 + According to schedule (after 3 years at D-12, move to D-15, etc.)

6.5.1.2 Social Workers whose actual years of experience and training (units and

degrees) are equal to or greater than Step D-5 of the schedule indicates shall

initially be placed and progress on the schedule based on their actual years of

experience and training (units and degrees) according to the requirements in

section 6.1.2. (Note: See section 6.5.6. for scenarios implementing section

6.5.1.)

6.5.2 Social Workers shall be eligible to receive the advanced degrees and certification stipends

provided on the schedule in addition to their regular salary.

6.5.3 If for any reason a Social Worker is assigned to a classroom position and does not continue

to provide services as a Social Worker as defined in section 6.5.5, their placement on the

schedule shall be changed as necessary to comply with the requirements of section 6.1.2.

6.5.4 Social Workers whose salary schedule placement was D-5 or greater on July 1, 2016 will

retain their salary placement for the 2016-17 school year and will advance through the

schedule according to 6.5.1.1. Social Workers who started prior to July 1, 2016 will be

placed on the salary schedule for the 2016-17 school year as if they started on D5 in their

initial year and will advance through the schedule according to 6.5.1.1.

6.5.5 As used in this section 6.5, a Social Worker is an individual assigned to this job title and

performing the responsibilities contained in the Social Worker job description.

6.5.6 The parties agree the following scenarios reflect their mutual intent and understanding

regarding implementation of this section 6.5.

6.5.6.1 Social Worker with 0-4 years experience:

Year 1 – D-5

2 – D-6

3 – D-7

4 – D-8

5 – D-9

6 – D-10

7 – D-11

8 – D-12

9 + According to schedule (after 3 years at D-12, move to D-15, etc.)

6.5.6.2 Social Worker with 5 years experience:

Year 1 – D-6

2 – D-7

3 – D-8

4 – D-9

5 – D-10

6 – D-11

7 – D-12

8 + According to schedule (after 3 years at D-12, move to D-15, etc.)

6.5.7 The parties acknowledge and agree that their express intent in enacting this section 6.5 is to

establish a salary schedule for Social Workers based on criteria other than a uniform

allowance for years of training and experience pursuant to the Education Employment

Relations Act, Government Code section 3543.2, section (e). Specifically, the parties seek

to provide a distinct salary for Social Workers based on the critical need for such services

and to further the District’s ability to attract and retain Social Workers for the educational

and economic benefit of the District and the students it serves.

6.6 Special Education Attract and Retain Salary Schedule Placement [Negotiated 2018]

6.6.1 The District and the Association share a mutual interest in attracting and retaining the

highest quality certificated employees. The parties have determined that special education

positions currently are particularly hard to fill. Therefore, in order to attract and retain

employees in these positions, effective with the 2018-2019 school year, unit members in

special education positions as defined in this section 6.6 shall be placed on the salary

schedule according to their eligible years of service plus one (1) additional year of credit in

recognition of their specialized credentials/authorizations and particularized services to

students.

6.6.2 Special Education Positions: As used in this section 6.6, special education positions are

defined as and shall apply to unit members who:

6.6.2.1 Are employed to provide service requiring an Education Specialist permit or

credential; and

6.6.2.2 Possess such permit or credential (including pre-interns and interns) for

Resource Specialist, Mild-Moderate, Moderate-Severe, and Orthopedically

Impaired.

6.6.2.3 The foregoing special education positions are referred to collectively as “special

education teachers” for purposes of this section 6.6.

6.6.3 Special education teachers initially employed for the 2018-2019 school year shall receive

year for year credit teaching experience pursuant to section 6.1.2.2.2 of this Agreement,

plus one (1) additional year of credit for placement on the schedule, effective with the

2019-2020 school year (in recognition for having received a hiring bonus for the 2018-2019

school year). For example, a special education teacher initially placed at Step 1 in 2018-

2019 will move to Step 3 in 2019-2020, assuming all other eligibility requirements are met.

6.6.4 Special education teachers employed prior to the 2018-2019 school year and continuing in

such employment shall receive one (1) additional year of credit for placement on the

schedule beginning in 2018-2019.

6.6.5 General education teachers who assume a special education teacher position after the 2018-

2019 school year shall receive one (1) additional year of credit for placement on the

schedule beginning in the school year the unit member begins service in the special

education teacher position.

6.6.6 Special education teachers employed prior to the 2018-2019 school year and continuing in

such employment who have reached the maximum step on the schedule (i.e., Column C,

Step 30 or Column D, Step 30) shall receive an ongoing, annual stipend equal to the

increment amount between steps ($2901 as of the 2018-2019 school year).

6.6.7 A special education teacher who is transferred, voluntarily or involuntarily to a position not

requiring a special education credential/authorization shall forego the one (1) additional

years’ service credit and revert to the appropriate step (or forego the stipend in section

(6.6.6 above if applicable) beginning in the school year the unit member begins service in

the general education teacher position.

6.6.8 The “Special Education Retention Stipend” reference on the 2017-2018 Teachers With

Valid Credential Salary Schedule shall be eliminated effective with the 2018-2019 school

year and replaced with the following language on such schedule:

Special Education Attract and Retain Salary Schedule Placement: Effective with the 2018-

2019 school year, Special Education Teachers shall receive one (1) additional year of credit

for placement on the schedule. Special Education Teachers on Column C, Step 30 or

Column D, Step 30 shall receive an ongoing, annual stipend equal to the increment amount

between steps ($2901 as of the 2018-2019 school year). (See section 6.6 of Agreement.)

6.6.9 The parties agree the foregoing is a negotiated agreement to a salary schedule based on

criteria other than a uniform allowance for years of training and years of experience

pursuant to Government Code section 3543.2 (e).

6.7 Bilingual, Cross-Cultural, Language and Academic Development (BCLAD) Stipend for

Dual-Language Immersion Program Teachers [Negotiated 2022]

6.7.1 The District and the Association share a mutual interest in attracting and retaining the

highest quality certificated employees. The parties have determined that unit members

possessing a BCLAD who are providing instruction and/or services to students in a

District Two-Way Language Immersion Program shall receive a stipend for

possessing and utilizing the expertise, effective with the 2022-2023 school year.

6.7.2 The BCLAD stipend shall be defined as an amount that is one-half of the Master’s

Stipend as listed on the Teachers With Valid Credential Salary Schedule (Appendix

A-1). [Negotiated 2022]

ARTICLE 7

7.1 Purpose

GRIEVANCE PROCEDURE

[Negotiated 1976]

7.1.1 The purpose of the grievance procedure is to process a claim of grievance and to secure, at

the administrative level closest to the aggrieved, solutions to problems which may from

time to time arise, affecting the welfare or working conditions of members of the unit. The

parties agree that confidentiality at any level should be maintained.

7.2 Definitions

7.2.1 A “grievance” is a claim by the aggrieved that there has been an alleged violation of a

specific article or section of this Agreement. A grievance shall not include and the

grievance procedure shall not apply to any of the following:

7.2.1.1 Any proceeding for the dismissal of a permanent or probationary member of the

unit.

7.2.1.2 Any proceeding for the layoff of a permanent or probationary member of the

unit.

7.2.1.3 Any attempt to alter or change the provisions of the Agreement by filing a

grievance.

7.2.1.4 The evaluation of members of the unit, except for the violation of procedural

matters.

7.2.2 Aggrieved – One or more members of the unit asserting a grievance, or the Association,

either on behalf of a member or members of the unit, or on its own, shall be referred to as

the aggrieved.

7.2.3 Party in Interest – Person or persons making the claim and any person who might be

required to take action or against whom action might be taken in order to resolve the claim.

7.2.4 Days – Days as used herein shall mean school working days.

7.2.5 Representative – Member of the unit, administrator, association representative, or legal

counsel who shall represent any party in interest at their election.

7.2.6 Association – Sunnyvale Education Association, exclusive representative, or designee

thereof.

7.2.7 Claim – The assertion of a grievance by one or more members of the unit or their

representative(s) or the Association pursuant to Section 7.4.5.

7.2.8 Individual Grievance – Any member of the unit may at any time present grievances to the

employer and have such grievances adjusted without the intervention of the exclusive

representative as long as the adjustment is reached prior to Level III (See Section 7.3.3) and

the adjustment is not inconsistent with the terms of this Agreement. The employer shall not

agree to a resolution of the grievance until the exclusive representative has received a copy

of the grievance and the proposed resolution and has been given the opportunity to file a

response.

7.3 Procedure

7.3.1 Level I – School Principal or Immediate Supervisor

7.3.1.1 A grievance will first be discussed with the Principal, or immediate supervisor

of the aggrieved, with the objective of resolving the matter informally. The

aggrieved and/or the immediate supervisor may have not more than two (2)

representatives present with them at this informal meeting.

7.3.1.2 In the event the aggrieved is not satisfied with the disposition of the grievance,

they may submit the claim as a formal grievance in writing to the Principal. If

the aggrieved has not filed a claim within the ten (10) days after speaking with

the Principal informally, the grievance will be deemed to have been waived. If a

formal grievance has been filed, the aggrieved may: (1) discuss the grievance

personally; (2) request that a representative(s) accompany them; or (3) request

that a representative(s) act(s) on their behalf. (See Section 7.4.7 regarding

forms).

7.3.1.3 Within ten (10) days after receipt of the written grievance by the Principal, the

Principal or their designee shall meet with the aggrieved and representative(s)

in an effort to resolve the matter and shall render a written decision to the

aggrieved and representative within ten (10) days after the Level I meeting.

Within ten (10) days after meeting with the aggrieved and their authorized

representative, if the aggrieved is not represented by the exclusive

representative, the Principal shall transmit a copy of the grievance and their

proposed resolution of it to the exclusive representative. Within ten (10) days

after receipt of a copy of the grievance and the Principal’s proposed resolution,

the exclusive representative shall transmit to the Principal its written response.

7.3.1.4 Such response shall indicate agreement or disagreement with the Principal’s

proposed resolution. Supporting written rationale shall accompany a position of

disagreement. Within ten (10) days after receipt of the exclusive

representative’s response to the grievance, the Principal shall render a written

decision to the aggrieved and send a copy to the exclusive representative.

7.3.2 Level II – Superintendent or Their Designee

7.3.2.1 If the aggrieved is not satisfied with the disposition of the grievance at Level I, or

if no decision has been rendered within ten (10) days after presentation of the

grievance in writing, the aggrieved or their representative may forward the

written grievance to the Superintendent within five (5) days after the decision at

Level I, or fifteen (15) days after the grievance was presented, whichever is later.

7.3.2.2 Within ten (10) days after receipt of the written grievance by the Superintendent,

the Superintendent or their designee shall meet with the aggrieved and

representative(s) in an effort to resolve the matter and shall render a written

decision to the aggrieved and the exclusive representative within ten (10) days

after the Level II meeting. Within ten (10) days after meeting with the

aggrieved and their authorized representative, if the aggrieved is not

represented by the exclusive representative, the Superintendent shall transmit

a copy of the grievance and their proposed resolution of it to the exclusive

representative. Within ten (10) days after receipt of a copy of the grievance

and the Superintendent’s proposed resolution, the exclusive representative

shall transmit to the Superintendent its written response. Such response shall

indicate agreement or disagreement with the Superintendent’s proposed

resolution. Supporting written rationale shall accompany a position of

disagreement. Within ten (10) days after receipt of the exclusive

representative’s response to the grievance, the Superintendent shall render a

written decision to the aggrieved and send a copy to the exclusive

representative.

7.3.3 Level III – Arbitration

7.3.3.1 If the aggrieved is not satisfied with the disposition of the grievance at Level II,

or if the time limits expire without issuance of the Superintendent’s written

reply, the aggrieved may request the Association to submit the grievance to

Arbitration. In such cases, the parties shall attempt to mutually agree on an

arbitrator within ten (10) days receipt by the District of the Association’s request

for Arbitration. In the absence of such agreement, the parties shall request a list

of arbitrators from the California State Mediation and Conciliation Service

(CSMCS). [Negotiated 2013]

7.3.3.2 No party in interest shall be permitted to assert any grounds or evidence before

the arbitrator which was not previously disclosed to the other party. The

arbitrator shall consider only those issues which have been carried through prior

steps as required by the provisions of this procedure.

7.3.3.3 The arbitrator shall not render any award which conflicts with or alters this

Agreement. It is understood, however, that the arbitrator shall interpret the

Agreement in accordance with the accepted rules of contract construction.

7.3.3.4 Each party shall bear the full cost for its representation in the arbitration. The

cost of arbitration shall be divided equally between the employer and the

aggrieved.

7.3.3.5 If any party requests a transcript of the proceedings, that party shall bear the full

cost for that transcript. If the parties request one (1) transcript, the total cost of

the transcript shall be divided equally between the employer and the aggrieved.

7.3.3.6 Absent mutual agreement (See Section 7.3.3.1) an arbitrator shall be selected by

the following procedures:

7.3.3.6.1 A representative of the Association or the aggrieved, if not

represented by the Association, and the employer’s representative

shall select the arbitrator from the CSMCS list by eliminating names

until one name remains. The first option of elimination shall

alternate. The one remaining name shall be the arbitrator. The

process of striking names shall occur within ten (10) days of receipt

of the list from CSMCS by both parties.

7.3.3.6.2 All grievances reaching the arbitration level shall be numbered. The

odd-numbered grievances will give the employer first elimination;

even-numbered grievances will give the other party first elimination.

7.3.3.7 Once the arbitrator has been selected, hearings shall commence at the

convenience of the arbitrator. Hearings shall be confined to working days.

7.3.3.8 Witnesses will be assured that their testimony will be kept confidential unless

they choose to make it public.

7.3.3.9 The arbitrator’s decision will be in writing and will set forth the arbitrator’s

findings of fact, reasoning and conclusions on the issues submitted. The

arbitrator will be without power or authority to make any decision which

requires the commission of an act prohibited by law or which is in violation of

the terms of this Agreement. However, it is agreed that the arbitrator is

empowered to include in any award such financial reimbursement or other

remedies the arbitrator judges to be proper. The award of the arbitrator will be

final and binding on the parties and a copy will be submitted to the

Superintendent, the aggrieved and the Association.

7.3.3.10 All costs for the service of the arbitrator, including but not limited to, per diem

expenses, the arbitrator’s travel and subsistence expenses, and the cost of any

hearing room will be borne equally by the employer and the aggrieved. All

other costs will be borne by the party incurring them.

7.4 General Provisions

7.4.1 Since it is important that grievances be processed as rapidly as possible, the number of days

indicated at each level should be considered as a maximum and every effort should be made

to expedite the process. The time specified, however, may be extended by mutual consent.

7.4.2 In the event a grievance is filed at such a time that it cannot be processed through all the

levels in this grievance procedure by the last working day of the school year, the time limits

set forth herein will be reduced so that the grievance procedure may be completed prior to

the end of the school year, or as soon thereafter as it is practical.

7.4.3 A member of the unit may be represented at all stages of the grievance procedure up to

arbitration by (1) themself, (2) legal counsel, and/or (3) a representative(s) of the

Association. The member of the unit may change counsel and/or representative(s) at any

level during the grievance process as long as the change is communicated in writing to the

other party within a reasonable time. Only the Association may represent a grievant at

arbitration.

7.4.4 When the aggrieved is not represented by the Association, the Association shall have the

right to be present and to state its view on the grievance at all stages of the grievance

procedure.

7.4.5 The Association shall have the right to file a grievance alleging a violation of any term or

condition of this Agreement, as well as a violation of its rights as contained in Article 4,

Association and Employee Rights, and Article 14, Organizational Security.

7.4.6 Aggrieved members of the unit not under the supervision of a principal or immediate

supervisor may start at Level II.

7.4.7 Forms for filing a grievance and other related documents have been developed jointly by

the Superintendent and the Association and are available at the District Office, each school,

and the Association Office. (See Appendix K-1 and K-2)

7.4.8 The parties in interest agree to make available to each other all pertinent information in

their possession or control which are relevant to the issues raised by the grievance, not

privileged under the law, or employer policies.

7.4.9 No grievance shall be processed unless it shall have been presented at the appropriate level

within ten (10) working days after the aggrieved person knew or should have known of the

act or condition and its aggrieving nature that formed the basis of the grievance; and if not

so presented, the grievance shall be considered as waived.

7.4.10 A decision rendered at any level shall be considered final unless an appeal is registered

within the time limit specified. If a decision is not given to the aggrieved within the time

limit, an appeal may be taken to the next level.

7.4.11 No party in interest shall take reprisals affecting employment status of any member of the

unit, party in interest, any Association representative, or any other participant in the

grievance procedure by reason of such participation.

7.4.12 Any record(s) pertaining to a grievance shall be kept in a grievance file separate from the

employee’s official District personnel file.

7.4.13 When it is necessary for a representative designated by the Association to process a

grievance or attend a grievance hearing during the day, the representative will, upon notice

to the representative’s principal or immediate supervisor by the President of the

Association, be released without loss of pay to participate in the foregoing activities. Any

member of the Unit who is requested to appear in such hearings as witness shall be

accorded the same right.

7.4.14 If the Association and the Superintendent, or the Superintendent’s designee, agree in

writing, the grievance may be brought directly to arbitration.

7.4.15 Grievances of a similar or like nature may be joined as a single grievance by mutual

agreement of the District and the Association.

ARTICLE 8

HOURS OF EMPLOYMENT

[Negotiated 2016]

8.1 Teaching Hours

8.1.1 Length of Day

8.1.1.1 The length of the certificated employees’ workday shall be 7.25 hours for grades

TK-5, 7.25 hours for grade 6 and 7.5 hours for grades 7-8 including a regular

30-minute duty-free lunch period as defined in section 8.1.4, relief periods, and

preparation periods. Teachers may use part of this time to travel to District

sponsored professional growth seminars.

8.1.1.2 When necessary, members of the unit shall be required to participate in

teaching-related duties which include, but are not limited to, staff meetings,

grade level or department level meetings, staff/parent meetings, PTA or school

association meetings, back-to-school night, open house, District or school in-

service. The District will make every attempt to keep these duties equitable and

reasonable.

a) The “Guidelines of Best Practices: Meetings” is attached to this Agreement

as Appendix L. [Negotiated 2014]

8.1.1.3 A schedule of staff meetings shall be established by the principal after

consulting with their staff. Special meetings may be called by the principal when

a situation requires deviation from the planned schedule.

8.1.1.4 Full time teachers shall be on duty and available for assignment at the site

designated by their principal or immediate supervisor on days teachers are to

report to work. The schedule for the workday shall be set by the principal after

consultation with the staff, or a committee selected by the staff, and shall

include the time necessary to meet the professional duties of the teachers at that

site and be consistent with Subsection 8.1.1.1 above. Such schedule will include

the provisions that all TK and kindergarten teachers must be on duty a minimum

of thirty (30) minutes before the time presented for commencing school and

thirty (30) minutes after the close of school. All 1-5 teachers must be on duty a

minimum of thirty (30) minutes before the time presented for commencing

school and twenty-five (25) minutes after the close of school. All 6th grade

teachers must be on duty a minimum of fifteen (15) minutes before the time

presented for commencing school and fifteen (15) minutes after the close of

school. All 7-8 teachers must be on duty a minimum of fifteen (15) minutes

before the opening of the first class period and thirty (30) minutes after the close

of school. [Negotiated 2003]

8.1.1.5 The workday for teachers employed less than full-time shall be based as nearly

as reasonably possible to an equivalent portion of the normal teaching day for

full-time teachers.

8.1.1.6 Social Workers [Negotiated 2018]

Full time Social Workers, in collaboration with their supervisors, will establish a

“typical” professional duty day of 7.5 hours. This period of time shall be

scheduled between 7 a.m. and 5 p.m. The duty day shall include a duty-free

lunch of no fewer than thirty minutes.

The parties acknowledge that an integral aspect of social work is to respond to

emergencies and that the “typical” duty day may have to be extended beyond a

7.5 hour period. When this occurs, the social worker and the site supervisor will

meet to discuss near term modifications to the social worker’s schedule.

8.1.2 Student Contact

Certificated employee(s) shall have, as part of their assignment, the responsibility for not

more than the minutes of classroom instruction as specified below except in the 6-7-8

schools when agreed upon by the teacher and site administrator to meet the needs of special

programs.

Daily student contact minutes for teachers shall be as follows: [Negotiated 2003]

TK-Kinder:

Standard Day

Teacher Prep Period Day

Teacher Learning Day

Conferencing Day

Transition Period (5 weeks)

310 minutes

210 minutes

180 minutes

200 minutes

Grades 1-3:

Standard Day

Teacher Prep Period Day

Teacher Learning Day

Conferencing Day

315 minutes

210 minutes

180 minutes

Grades 4-5:

Standard Day

Teacher Learning Day

Conferencing Day

315 minutes

210 minutes

180 minutes

TK – 5:

Minimum Day

255 minutes

Grades 6-7-8:

Standard Day

Not less than

288 minutes

8.1.2.1 Transitional Kindergarten (TK) and Kindergarten Program [Negotiated 2016]

8.1.2.1.1 When there is insufficient space at school sites for all TK and

kindergarten teachers to have full day TK and kindergarten, decisions

about TK and kindergarten room assignments and program

configuration shall be determined through consensus among the TK

and kindergarten teachers and the site administration. In the event

consensus is not reached, the site administrator will make the

decision.

8.1.2.1.2 There will be a student assessment period of five (5) weeks at the

beginning of each school year. The schedule of this assessment

period will be determined through consensus among the TK and

kindergarten teachers and site administration. The student contact

during this assessment period would be no less than 200 minutes.

8.1.2.1.3 Individual children may be exempted from the requirement of full day

TK and kindergarten if requested by the parent or recommended by

the classroom teacher and approved by the site administrator.

The District recognizes that it is within the scope of the teacher’s

professional responsibility to make recommendations to parents

regarding the length of the TK and kindergarten day as it relates to the

needs of their child. [Negotiated 2003]

8.1.2.1.4 The District recognizes that teachers have professional discretion to

determine the daily schedule, within the requirements of the District

adopted curriculum and standards.

8.1.2.2 Teacher Learning Days [Negotiated 2015]

8.1.2.2.1 The Association and the District agree that there is a need for

ongoing, in depth site-based teacher collaboration time. Therefore, we

agree to implement Teacher Learning Days at the Elementary Level.

8.1.2.2.2 “Teacher Learning Days” (Section 3.24) are defined as days when

students are dismissed early for the purpose of providing time for

teacher collaboration. It is the intent of both parties that during this

time teachers engage in collaborative school, grade or department

level teams that focus on implementing each site school plan. This

time is not meant to be used as individual teacher planning time or

staff meeting time.

8.1.2.2.3 The content of each Teacher Learning Day shall be determined

through collaboration between the site administrator and the teachers

at that site. Collaboration means that the administrator and the

teachers at the site will meet together to come to a mutually agreed

upon decision. The expectation is that all teachers will have a voice.

The parties agree that through the collaborative process, the priority

for the Teacher Learning Days falling closest to the end of the

trimester 1 and 2 assessment windows and before the report card due

dates will be “collaborative scoring of assessments” including

Standards Based Report Cards (SBRC) rubrics.

Should the consensus of the staff and the principal be to use the

foregoing Teacher Learning Days for a purpose other than

“collaborative scoring of assessments” including Standards Based

Report Cards (SBRC) rubrics, then the staff and the principal will

collaboratively determine when during the windows between the

assessments and the report cards described above, this work will be

accomplished within the parameters of Article 8.

8.1.2.2.4 Grades 1-3 will add 5 minutes to each “standard day” (for a total of

315 instructional minutes) with the exception of their weekly prep

time early release day. Grades 4-5 will add 5 minutes to each

“standard day” (for a total of 315 instructional minutes), Monday

through Friday. The TK kindergarten instructional day will not

change. On the second Tuesday of each month (eight (8) times per

school year) all TK-5 students will be dismissed at 12:30 or 12:45,

dependent on site bell schedule. The afternoon of these days will be

used for site-based teacher learning time.

8.1.2.2.5 The time spent in teacher collaboration on Teacher Learning Days

shall be 90 minutes.

8.1.2.2.6 It is expected that all teachers will attend the trainings or meetings

specific to their level. In collaboration with the site administrator,

sub-groups of teachers, for example, Speech and Language

Specialists, Resource Teachers and Special Day Class Teachers, may

agree to meet in District wide grade level teams.

8.1.2.2.7 Each site will determine, through collaboration between the teachers

and site administrator, a method for maintaining records of the grade,

school or department level meetings held on Teacher Learning Days.

This should include, but not necessarily be limited to, a statement of

purpose, meeting norms, a brief summary of discussion or actions and

next steps. A copy of this record will be shared with the site

administrator following each Teacher Learning Day.

8.1.3 Preparation Time and Instructional Support

8.1.3.1 All before and after school time shall be set aside for school-wide and individual

preparation and planning, except that the employer shall require the building-

based certificated employee(s) to attend regularly scheduled faculty meetings.

Teachers may use after school time for District-approved in-service training.

[Negotiated 2003]

8.1.3.2 In addition to the before and after school time established for planning and

preparation, full-time certificated employee(s) shall have preparation time. This

time shall be set aside for school based and/or grade level planning. The

preparation time shall be as follows:

a) Grades TK-3 self-contained and subject area specialists, 1½ hours per week.

TK-1 combination classes, for purposes of this Article, are first grade classes;

b) For TK and kindergarten teachers, who are not in a full day program, such

preparation time shall be conducted apart from the student contact day, in

accordance with past practice;

c) Grades 4-5: 2 hours per week; [Negotiated 2001]

d) 6-7-8 on the average of one period a day;

e) In any week which has fewer than five (5) working days, if a teacher’s

regular preparation period is scheduled to occur on a non-working day, such

preparation period shall not be rescheduled;

f) If the District returns to a TK-6 elementary school configuration, the

preparation time for 6th grade teachers shall be the same as 4-5 teachers;

[Negotiated 1997]

g) The parties agree that there may be situations in which middle school

teachers voluntarily forego their preparation period to teach an additional

class in lieu of hiring additional staff. The parties also agree that this is not

precedent setting and is a disfavored method of staffing that the District will

make every reasonable effort to avoid. In any event, a teacher who

voluntarily foregoes their preparation period in these circumstances shall

receive per diem/hourly pay or the contractual hourly rate, whichever is

higher. [Negotiated 2007]

8.1.3.3 All regular education 4/5th grade teachers will be provided a minimum of ninety

(90) minutes per week of instructional aide time. The responsibilities of the aide

will be decided by the individual teacher and may include such things as

instructional support, clerical support, helping with paperwork, working with

individual or small groups of students. [Negotiated 2001]

8.1.3.4 All preparation time shall be conducted at the school unless otherwise approved

by the principal.

8.1.3.5 The District will make every effort to contain the number of individual teacher

preparations at the middle schools consistent with economic and staffing

necessities. [Negotiated 2003]

8.1.4 Lunch Period

8.1.4.1 All certificated employee(s) shall be entitled to a duty-free daily lunch period of

not less than thirty (30) minutes. [Negotiated 2003]

8.1.4.2 Any certificated employee(s) who travels from one school to another shall be

allowed a full lunch period of at least thirty (30) minutes plus travel time.

8.1.5 Parent Conferencing [Negotiated 2016]

Parent/teacher conferencing, at the TK-5 level, shall take place in a five (5) day conference

week during November. Conferencing days are 180 minutes of instruction each. Any

variance from this schedule (e.g., to move the November conference week and/or provide for a

spring conference period) is subject to agreement between the District and Association.

8.1.1 Other Minimum Days

Other minimum days may be established by the District Superintendent.

8.2 Job Sharing [Negotiated 2016]

The District and the Association support options for teachers such as job sharing because of the

following potential benefits for:

•

Students – Program options as a result of having two highly qualified teachers assigned to their

classroom.

•

Teachers – Time to participate in both personal and professional activities.

•

The District – The ability to retain highly qualified and competent teachers.

The decision to enter a job share should not be taken lightly. The coordination, collaboration, and team

effort require both time and energy from both partners in the job share program. Participants must

ascertain that they have compatible philosophies and teaching styles to assure continuity, consistency,

and success for students, as well as having a satisfying, professional experience.

The District and the Association may collaborate on activities designed to inform and educate all parties

concerned regarding the program.

8.2.1 Certificated employees, at their own option, may apply for a partial leave of absence to

participate in job sharing. Employees may use District email to search for potential job share

partners. Job sharing assignments shall be filled only by certificated employees who have jointly

requested to work together.

8.2.2 Applicants must submit a written proposal for job sharing to the Human Resources

Administrator by March 15. This deadline may be extended by the Human Resources

Administrator in extenuating circumstances. The proposed work schedule must include:

assignment, duties, and the advantages to the instructional program.

8.2.3 Employees shall be notified whether their written proposal has been accepted by April 15 or

within thirty (30) days of an extended submission date pursuant to section 8.2.2. Acceptance of

employees into the job sharing program shall be at the discretion of the Board of Education.

8.2.3.1 In order to be eligible to apply for an initial job share, employees must be permanent

employees or if returning from leave, have previously established permanent status in

the Sunnyvale School District. Also, initial applicants most recent Formal Evaluation

must have contained “proficient” ratings in all six (6) standards. If an employee was

on Alternative Formal Evaluation, the previous evaluation must be “satisfactory”.

8.2.4 Provided that the District approves of the job sharing plan and enters into a written job sharing

plan with the participants, participants in the job sharing plan will be placed appropriately on the

Teachers’ Salary Schedule and will receive a pro-rated salary based on the portion of the

teaching assignment they fulfill.

8.2.5 All participants in the job sharing plan will receive a pro-rated amount of the District-paid

fringe benefits provided full-time teachers and a pro-rated number of sick leave days based

on the percentage of the full-time regular teaching assignment they fulfill. Participants in

the job sharing plan who contract to work for at least fifty percent (50%) of a full year’s

assignment in one school year will receive one (1) full year’s step advancement on the

salary schedule provided that the requirements of Section 8.2.8 below are met. Participants

in the job sharing plan who are employed for less than fifty percent (50%) of a full year’s

assignment will receive one (1) year’s advancement on the salary schedule, at the end of

that school year during which their accumulated service over the preceding three (3) school

years has reached fifty percent (50%) or more of a full year’s assignment.

8.2.6 Participants shall be placed appropriately on the teachers’ salary schedule, receive one step

increment on that schedule as provided in Section 8.2.5 and 8.2.8, and be given appropriate

added increments for advance degrees, tenure, or longevity.

8.2.7 Job sharing participants will contribute to the State Teachers’ Retirement System and will

receive appropriate credit for service toward retirement.

8.2.8 A participating teacher who contracts for at least fifty percent (50%) of a full year’s service

will receive credit each year for one full year’s advancement on the salary schedule when

on duty for seventy-five percent (75%) of the total working days required by the terms of

their annual job sharing contract of employment.

8.2.9 Responsibilities of an assignment may be divided and/or allocated according to a plan

One of the participants shall be present at all faculty meetings and required staff

development activities (subject to section 8.2.10 below) and shall assume responsibility for

sharing pertinent information with the non-attending participant, who in turn shall assume

responsibility for implementing or applying the outcomes of the staff development to the

same degree expected of all teachers.

8.2.10 Unless otherwise directed by the immediate supervisor, participants will attend all regular

parent conferences pertaining to a particular student, if both participants have had

instructional contact with that student during the grading period in question.

8.2.10.1 Participants will attend all staff development activities that occur during the

portion of any day on which they render service according to the approved job

sharing plan.

8.2.10.2 All participants will attend Back-to School Night.

8.2.10.3 Participants will attend Open House activities that occur during the portion of

any day on which they render service according to the approved job sharing

plan.

8.2.11 Participants will be responsible for adequate planning with their partners and for short-and

long-range lesson plans.

8.2.12 If a job sharer leaves for illness, etc., the remaining partner will be encouraged to take over.

If the partner is not able to take over, the District will attempt to substitute with personnel

available within the District.

8.2.13 Participants in a job sharing plan shall sign annual agreements covering the portion of the

teaching assignment they elect to fulfill. Participants shall not lose the full-time tenure they

have accumulated in the District.

8.2.14 The District’s commitment to the teacher electing to work in job sharing will be for that

teacher’s percent of full-time employment in the future. However, with respect to any

certificated employee who has entered into a job sharing plan the following provisions shall

apply:

If one job sharing participant, either during the term of the job sharing plan or after its

termination date, dies, resigns, retires, or for any other reason permanently ceases to be a

participant, the other participant shall increase their hours/days of service from part-time

to full-time if the District is unable to obtain a replacement employee, satisfactory to the

District, for the employee who is no longer a participant.

The District shall give written notice to the remaining job sharing participant of the fact that

the District has not found a replacement, informing the participant that they are reassigned

to full-time status. The effective date of such reassignment, if made during the teaching

year, shall be twenty (20) working days following the date of such notice. If made during

the summer period, the effective date of such reassignment shall be thirty (30) calendar

days or twenty (20) working days following the date of such notice, whichever is greater.

8.2.15 If the job sharer wishes to increase from part-time to full-time, such increase will depend

upon the staffing needs of the District and the employee’s qualifications. In the event a job

sharer requests to return to a full-time teaching assignment, the District shall grant such a

request before hiring personnel from outside the District to fill a position for which the job

sharer is qualified and has requested. In the event that more than one job sharer requests

the same position, the criteria to be followed shall be that established in the administrator

initiated transfer. (See Section 11.2.2)

8.2.16 A request to return to a full-time assignment must be submitted to the Human Resources

Office on or before March 15 of the school year preceding the school year in which the full-

time assignment would take place.

8.2.17 Job sharers will be expected to be on duty full-time for three (3) of the first five (5) student

instructional days in order to meet with parents and formulate their yearly instructional

plan. Job sharers will also be on duty at the end of the school year on any day which they

render service according to the approved job sharing plan.

8.2.18 For members of the bargaining unit who elect to participate as a job sharer, the first year of

the job sharing shall be considered a trial period, with the option of returning to full-time

service guaranteed the following year. However, if a job sharer informs the District, in

writing, not later than May 1 of such job sharer’s first year of job sharing that they will not

have the same job sharing partner for the second year, then the first two years of job

sharing shall be considered a trial period, with the option of returning to full-time service

guaranteed following the second job sharing year. Those electing not to give notice would

no longer have the option of returning to full-time service upon request but would be

subject to the provisions of Sections 8.2.14, 8.2.15, and 8.2.16. Notice of an election by a

participant not to continue with the job sharing plan beyond the trial year shall be given to

the District no later than May 1.

The District shall have the option of terminating the job sharing plan, effective at the end of

the trial year. If the job sharer is denied after the trial year, within ten (10) days of the

denial the principal shall give a written statement of reasons regarding why the application

was not renewed. Any such denial shall be based solely on educational reasons and shall

not be discriminatory, punitive, or arbitrary in nature. In the event the District does so elect

to terminate the job sharing plan, the District shall have the right to reassign either or both

of the job sharing participants to full-time service for the following school year, upon

giving written notice to such participant(s) no later than May 1.

8.2.19 Renewal Procedures: If a current participant with more than three (3) school years in a job

share changes job share partners for any reason, they will be considered to be in a new job

share and therefore subject to the following provisions:

8.2.19.1 Job share participants shall be required to apply for renewal every three (3)

years. The three (3) years shall include the one (1) year trial period set forth in

section 8.2.18 above (trail year plus two years). However, if a participant

changes partners after the first year, the three (3) years shall include only the

second trial year pursuant to section 8.2.18 above (two trial years plus two

years). The application for renewal shall be for a one or two year period. If the

job share is denied, or offered for a shorter duration than requested, within ten

(10) days of the denial/offer the principal shall give a written statement of

reasons regarding why the application was not renewed as requested. Any denial

of the request shall be based solely on educational reasons and shall not be

discriminatory, punitive, or arbitrary in nature.

8.2.19.2 Applications for renewal of job shares shall be submitted to the Human

Resources Administrator no later than March 15 of the third year of the initial

job share or March 15 of any subsequent year in which a renewal is being

submitted. The application shall comply with the provisions of section 8.2.2

above.

8.2.19.3 The District will notify applicants in writing by April 15 of the third year of the

initial job share or April 15 of any subsequent year in which a renewal has been

submitted as to whether the application for renewal has been accepted or denied.

8.2.19.4 Decisions regarding acceptance into the program, including denials or renewals,

shall be subject to Article 7 – Grievance Procedure, through but not beyond

Level II (Superintendent/Designee). This shall not, however, preclude the

Association from pursuing a grievance to arbitration based on an allegation that

the District is denying all job shares as a matter of policy.

8.3 Work Year

8.3.1 The work year shall consist of 181 teaching days, three (3) duty days and three (3) staff

development days, for a total of 187 work days for all members of the unit. If the staff

development days are eliminated or reduced by State action, the days shall be removed

from the teachers’ duty year, and the salary schedule shall be reduced accordingly. (i.e.,

.5% per day) to reflect such elimination or reduction. [Negotiated 2000]

8.3.2 For sixth and seventh graders at the middle schools, the first instructional day shall be the

day prior to the first day that TK-5 and 8th grade students are scheduled to return to school.

This day shall be a minimum day. The last school day for sixth and seventh graders at the

middle schools shall be the day prior to the last day TK-5 and 8th grade students are

scheduled to be in attendance at school. The last day of school for TK-5 students shall be a

minimum day.

8.3.3 The calendar for the 2022-2023 school year is attached hereto as Appendix C.

8.3.4 For all work days in excess of 187, unit members shall be paid a per diem rate, using a

divisor of 187.

8.4 Teacher-in-Charge

When an employee is designated a teacher-in-charge for a period of half day or more, a substitute

teacher will be provided for their class. Notification shall be given to the teacher whenever

possible. (See Appendix A-7 and A-8 for Adjunct Duty Stipend Chart)

ARTICLE 9

CLASS SIZE

[Negotiated 2022]

9.1 Class Size Limits

NOTE: All references to “kindergarten” or “K” in this Article shall be deemed to include

“transitional kindergarten” or “TK” unless specifically provided otherwise.

9.1.1 The class size limits for any one class shall be set forth below. If a new class needs to be

established to meet class size requirements, it shall be established within twenty (20)

working days.

9.1.1.1 Grades TK-3 Class Size: Individual classes in grades TK through 3 shall not

exceed 24 students, except as provided in section 9.1.1.1.1 below, so long as the

Board elects to continue to align class sizes in these grades according to the

Local Control Funding Formula (LCFF). The negotiated agreement for this

class size arises from the joint interest and purpose of mitigating if not

precluding the need for laying off unit members by easing staffing restrictions in

grades TK-3.

9.1.1.1.1 To further meet the interest and purpose stated in section 9.1.1.1

above, class size may rise to 25 students, subject to the following

requirements:

a) All classes at the impacted grade level at the site shall already

have 24 students on the class roll.

b) All other options shall have been explored.

c) A teacher shall receive ten dollars ($10.00) for each day they

have 25 students on their class roll, provided that:

i. This payment shall not apply to the first twenty (20) days of

student instruction at the beginning of the school year.

ii. If a 25th student is on the class roll as of the twenty-first day

of student instruction, the teacher shall be entitled to this

payment retroactive to the first day on which there were 25

students on the class roll.

iii. Affected teachers shall receive this payment as soon as

practicable but not later than the end of the month following

the month in which entitlement to the payment occurred.

iv. The principal shall meet and consult with the appropriate

grade level team before deciding where to place a 25th

student.

9.1.1.1.2 If the Board determines to cease staffing any of grades TK-3 at a level

to continue to meet the foregoing class size maximum, it shall

promptly notify SEA and, upon written request, meet and negotiate

the impacts of such decision.

9.1.1.2 Fourth, Fifth Grades: 32 (i.e., combination classes shall have the cap of the

lower grade)

9.1.1.3 Sixth grade classes shall be staffed at 32:1 with an absolute maximum of 34.

The 6th grade PE class size average shall not exceed the average of the 7th and

8th grade PE classes. The average is calculated by totaling all 7th and 8th grade

PE students at the site and dividing that number by the total number of 7th and

8th grade PE classes at the site. If at any time an individual 6th grade PE class

size exceeds 38 students for a period of 30 or more school days then the parties

will meet to address methods of providing additional support or reducing class

size. [Negotiated 2000]

9.1.1.4 Seventh, Eighth Grades: 35 - Except for Spanish, French, Chorus, P.E., Band

and Orchestra, which may vary in the class size limit depending upon the

course, the facilities and the plans.

9.1.2 Special Education

Resource Specialists – (as specified by California State Law)

Special Day Classes – (as specified by California State Law)

Current class size limitations for Special Education may be found in Appendix E.

9.1.3 Class Size Adjustment Procedure (Grades 4-5) [Negotiated 2015]

9.1.3.1 Internal class size adjustments for grades 4 and 5 shall be made by the principal

within twenty (20) days.

9.1.3.2 It may be necessary to exceed the class limits during the school year although

class limits will always be kept within the legal limitations as established by the

Education Code.

9.1.3.3 A teacher in grades 4-5 shall receive ten dollars ($10.00) for each day they

have 33 or 34 students ($10.00 for the 33rd and an additional $10.00 for the

34th student) on their class roll or assigned to their class as an included

student defined in section 20.4, provided that:

9.1.3.3.1 This payment shall not apply to the first twenty (20) days of student

instruction at the beginning of the school year.

9.1.3.3.2 If a 33rd or 34th student is on the class roll as of the twenty-first day

of student instruction, the teacher shall be entitled to this payment

retroactive to the first day on which there were 33 or 34 students on

the class roll.

9.1.3.3.3 Affected teachers shall receive this payment as soon as practicable but

not later than the end of the month following the month in which

entitlement to the payment occurred.

9.1.3.3.4 The principal shall meet and consult with the appropriate grade level

team before deciding where to place a 33rd or 34th student.

9.2 Combination Classes [Negotiated 2014]

9.2.1 The purpose of this section is to set forth the parties’ agreement to provide accommodations

in working conditions for those certificated employees teaching combination classes, in

regular education, grades TK-5 or special education, grades TK-8.

9.2.2 The parties agree that as an accommodation, combination class teachers shall be permitted

four release days per year for the purpose of planning and preparation, not to be used in less

than one-half day increments.

9.2.3 These release days shall not accumulate from year to year. A release day must be used

throughout the school year. If not used, the District will pay the teacher the current

substitute rate for the full day not used in that year.

9.2.4 The release day will be scheduled per the regular administrative process used to schedule

substitutes.

9.2.5 Extra Work Agreements shall be set up for those who choose the substitute rate stipend. A

School Business Agreement shall be accessed for those choosing to use the substitute. All

stipend requests should be submitted prior to June 10 of each school year.

9.3 Social Worker Case Load

Social Workers and the Student Services administrator or evaluator will meet at least once per

trimester to discuss caseload and site responsibilities.

ARTICLE 10

LEAVES

[Negotiated 2016]

10.1 Illness and Extended Illness Leave

10.1.1 Paid leaves of absence for illness or accident shall be earned by full-time employees at

the rate of ten (10) days per school year for the ten-month employees and twelve (12)

days per school year for twelve-month employees. Unused days of illness leave shall be

accumulated without limit from year to year.

10.1.2 No additional days of illness leave shall be earned as a result of special summer

employment.

10.1.3 When all accumulated illness leave has been used, the employee shall be paid the

difference between their regular salary and the salary paid to their substitute or the

amount which would have been paid. During this differential pay period, the amount

withheld from the employee’s salary shall not exceed fifty percent (50%) of their per

diem. Such period shall not exceed 100 working days beginning with the first day of

absence due to illness or accident after complete use of accumulated illness leave. An

employee is entitled to this leave each and every year.

10.1.4 An employee new to the District may, upon request and verification, be credited for any

unused accumulated illness leave held by them in a California school district where they

were employed during the preceding school year providing such employment was for a

period of one year or more.

10.1.5 Employees absent due to illness or accident for a period of three (3) days or less may be

required by the District to submit a written declaration as to the cause of the absence

when there is a suspected misuse of sick leave. When the absence exceeds three (3) days,

the District may require, in addition to the declaration, the employee to submit a signed

statement by a physician as to the cause of the absence and the nature of the illness and

the expected date of return to work. The District, at its discretion, may require an

employee to submit a statement from his physician that the employee is well and able to

carry on the particular duties of his assignment.

10.1.6 Employees who have exhausted all Personal Necessity Leave may use accumulated sick

leave days for the purpose of caring for a seriously ill parent, child or spouse.

10.2 Catastrophic Sick Leave [Negotiated 2000]

10.2.1 Bargaining unit members may donate accrued sick leave in one-half day increments to

another bargaining unit member for use by that member as paid sick leave, pursuant to

the requirements of this section. (See forms in Appendix J) Subject to agreement by

CSEA and SCCAMP, any District employee may donate accrued sick leave to any other

District employee who is eligible for Catastrophic Sick Leave. [Negotiated 2007]

Eligibility For Using Donated Time

a) The member must be off work full-time or part-time (not actually rendering service to

the District) due to a personal serious health condition or for purposes of caring for a

member of the employee’s immediate family.

b) The member must have exhausted all accrued sick leave (under section 10.1.1).

c) As used in this section 10.2 and all subdivisions, “serious health condition” is defined

as one that necessitates inpatient treatment, or at least two doctor visits (or one visit

plus a continuing regimen of treatment) and incapacitates the employee for more than

three consecutive days. If the employee is unable to work for more than three (3)

days, they are considered “incapacitated.” Permanent, recurring conditions such as

Epilepsy also qualify. Thus, although the definition of a “serious health condition” is

much broader and more inclusive than the definition of “disability,” it does not

typically extend to common ailments such as a cold or the flu. [Negotiated 2007]

There is no minimum or maximum number of days that must be donated, received, or

used.

10.2.2 Procedure For Donation of Hours

10.2.2.1 SEA shall inform members on a case-by-case basis when the need for donated

time arises.

10.2.2.2 SEA shall be responsible for collecting donated time. Members shall

authorize donations in writing, signed, and dated.

10.2.2.3 SEA shall compile the list of donated time in order of donations received and

submit the list to the District along with supporting written authorizations.

10.2.2.3.1 Once the first-round list is received by the District, no more

donations will be added to the list. In the event that more

donations are needed, the process may be repeated.

10.2.2.4 The District will convert the donated days to dollar amounts, based on the pay

rate(s) of the donor member. Thereafter, the District will deduct sick leave

from the donor, according to the list, and credit it to the member on leave,

according to the pay rate of the member on leave.

10.2.2.5 Donor members on the list whose days were not used will have their original

authorization forms returned to them as a confirmation that their donated days

were not used.

10.3 Industrial Accident and/or Industrial Illness Leave

10.3.1 Industrial accidents and industrial illnesses must be reported immediately to the

employee’s supervisor. The following rules and regulations shall apply to all industrial

accident and industrial illness leaves of absence.

10.3.2 Allowable leave shall be for sixty (60) days during which the schools of the District are

required to be in session or when the employee would otherwise have been performing

work for the District in any fiscal year for the same accident.

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

10.3.4 Industrial accident or illness leave shall commence on the first day of absence.

10.3.5 When a person employed in a position requiring certification qualifications is absent from

their duties because of an industrial accident or illness, they shall be paid such portion of

the salary due them for any month in which the absence occurs as, when added to their

temporary disability indemnity under Division 4 or Division 4.5 of the Labor Code, will

result in a payment to them of not more than his full salary.

10.3.6 Industrial accident or illness leave shall be reduced by one day for each day of authorized

absence regardless of a temporary disability indemnity award.

10.3.7 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 them for the

same illness or injury.

10.3.8 Upon termination of the industrial accident or illness leave, the employee shall be entitled

to the benefits provided in the appropriate code, and for the purposes of each of these

sections, his 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, they may elect to take as much of their accumulated sick

leave which, when added to their temporary disability indemnity, will result in a payment

to them of not more than their full salary.

10.3.9 During any paid leave of absence, the employee shall endorse to the District the

temporary disability indemnity checks received on account of their industrial accident

or illness. The District, in turn, shall issue the employee appropriate salary warrants

for payment of the employee’s salary and shall deduct normal retirement and other

authorized contributions.

10.3.10 Any employee receiving benefits as a result of this section shall, during periods of injury

or illness, remain within the State of California unless the Governing Board authorizes

travel outside the state.

10.4 Personal Necessity Leave (Deducted From Sick Leave)

10.4.1 Personal Necessity Leave shall be limited to circumstances serious in nature which the

employee can not reasonably be expected to disregard.

10.4.2 Personal Necessity Leave may be used for the following reasons:

10.4.2.1 Death or serious illness of a member of the employee’s immediate family;

10.4.2.2 Accident, involving the employee’s person or property, or the person or

property of a member of his immediate family;

10.4.2.3 Appearance in court as a litigant; or as a witness under an official order;

10.4.2.4 Professional or personal matters that conform to the definition of Personal

Necessity included in these regulations described below:

10.4.2.4.1 An action or activity that is serious and compelling in nature; that

cannot be disregarded; that admits no choice of conduct; and

requires immediate attention;

10.4.2.4.2 An action or activity that cannot be accomplished except during

working hours;

10.4.2.4.3 An action or activity characterized by presenting an unavoidable

choice as compared with a weighing of advantages which would

be characteristic of a personal convenience.

10.4.3 Personal Necessity Leave may not be taken to extend vacation or holiday periods. The

Human Resources Department may in its discretion grant exceptions to this rule on a case

by case basis in extremely compelling circumstances. A normal two (2) day weekend

does not constitute a vacation or holiday. [Negotiated 2011]

10.4.4 Written notice of personal necessity leave shall be submitted on forms prepared by the

Human Resources Department (see Appendix F). Such notice shall be filed with the

employee’s principal or immediate supervisor, for forwarding to the Human Resources

Administrator, at least three (3) working days in advance of the effective date of the

leave, or as soon in advance as possible, given the nature of the leave.

10.4.4.1 Requests shall be submitted as early as possible and not later than three (3)

working days following the employee’s return to duty.

10.4.5 The District, within ten (10) days after the date on which the employee has taken personal

necessity leave, may request that the employee state in writing the factual basis for such

leave.

10.4.5.1 Within five (5) days following such request, the employee shall furnish the

District with a written statement of the factual basis for such leave.

10.4.5.2 If the District finds that such factual basis is not true or is not a reason for

personal necessity leave as defined in section 10.4.2, the employee shall not

be entitled to a paid leave for the day in question. If the employee has already

been paid for such day, such payment constitutes an erroneous over-payment

of the employee, and the District shall be entitled to recover the over-payment

by payroll deduction from the employee’s next succeeding pay warrant.

10.4.5.3 In case of such recovery of over-payment, the District shall restore to the

employee the day of sick leave previously used.

10.4.6 Personal Necessity Leave shall be deducted from the employee’s accumulated illness

leave and limited to ten (10) days per school year. A maximum of ten (10) of these days

may be used under Sections 10.4.2.1, 10.4.2.2, 10.4.2.3 or 10.4.2.4. [Negotiated 1994]

10.4.7 The initial option to reduce illness leave accumulation for purposes of personal necessity

leave is that of the employee, and his submittal of a personal necessity leave request shall

be considered adequate evidence that reduction of illness leave is of their choice.

10.4.8 A Personal Necessity Leave Form is attached as Appendix F.

10.5 Personal Business Leave (User Pays Substitute Cost)

10.5.1 The Board of Education shall grant annually up to two (2) days leave of absence to a

teacher for professional or personal reasons without loss of any sick leave benefits

provided that the District will deduct from the employee’s salary the amount actually

paid for a substitute or the amount that would have been paid had a substitute been

employed.

10.5.2 Professional or personal matters that conform to the definition of Personal Business

included in these regulations are described below:

10.5.2.1 An action or activity that is serious and compelling in nature; that cannot be

disregarded; that admits no choice of conduct; and requires immediate

attention.

10.5.2.2 An action or activity that cannot be accomplished except during working

hours.

10.5.2.3 An action or activity characterized by presenting an unavoidable choice as

compared with a weighing of advantages which would be characteristic of a

personal convenience.

10.5.2.4 Personal Business Leave may not be taken to extend vacation or holiday

periods. A normal two (2) day weekend does not constitute a vacation or

holiday. [Negotiated 1984]

10.5.3 A Personal Business Leave form has been agreed to by the parties and is attached to and

becomes part of the contract as Appendix G.

10.6 Bereavement Leave

10.6.1 Each certificated employee shall be allowed up to five (5) days of absence without loss of

pay for the death of any member of their immediate family as defined in section 3.12 of

this Agreement.

10.7 Pregnancy Disability and Child Bonding Leaves [Negotiated 2022]

10.7.1 Pregnancy Disability Leave: The Board of Education shall grant a pregnancy disability

leave of absence as provided by law to a female unit member who will be absent from

their duties due to pregnancy, miscarriage, childbirth and recovery therefrom (hereafter

referred to collectively as “pregnancy” for purposes of sections 10.7.1 through 10.7.6).

10.7.1.1 Disabilities caused or contributed to by pregnancy, miscarriage, childbirth,

and recovery therefrom 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 the District.

10.7.1.2 Accumulated sick leave shall be utilized by a unit member for absences due to

pregnancy disability when a statement from the individual’s physician

indicated that the unit member is unable to work.

10.7.2 A written statement from the employee shall be filed in the Human Resources

Department no later than one (1) month prior to the date when leave is desired, stating the

approximate date the leave shall begin and the approximate date the employee expects to

resume their duties.

10.7.2.1 The employee shall be responsible for having their physician send a letter to

the Human Resources Department stating the beginning date of disability and

the length of the leave of absence, including the date on which the employee

shall resume duties, all of which shall be determined by the employee and the

employee’s physician.

10.7.2.2 When the disability ceases, the employee shall have their physician send a

letter to the Human Resources Department stating the disability termination

date and that the employee is able to resume all duties associated with their

position.

10.7.2.3 Should the requested leave of absence begin prior to the beginning date of

disability and extend beyond the disability termination date, these periods of

time shall not be eligible for sick leave benefits, subject to section 10.7.7.

10.7.2.4 During absences necessitated by pregnancy the unit member’s sick leave

benefits shall be utilized as provided in Education Code 44965.

10.7.3 The District will pay its prorated amount of employee benefits during the period of the

disability consistent with Article 6, section 6.2 of this Agreement.

10.7.4 Written notification shall be given by the employee to the Human Resources Department

at least five (5) days prior to the resumption of duties. Prior to the termination of the

pregnancy disability leave, the employee may request Child Bonding and/or Infant Child

Care Leave.

10.7.5 Advancement on the salary schedule shall be in accordance with Article 6.

10.7.6 Child Bonding Leave: Unit members may elect to utilize up to 12 weeks of child

bonding leave occasioned by the birth of the unit member’s child, or the placement of a

child with a unit member in connection with the unit member’s adoption or foster care of

the child as provided by the California Family Rights Act (CFRA).

The minimum duration of the leave shall be two weeks. However, the District shall grant

a request for a CFRA leave of less than two weeks' duration on any two occasions. Such

leave runs concurrently with the 12 week leave period provided by the CFRA. For detail

on how to count the 12 weeks of leave, see section 12.7.8 below.

10.7.6.1 For mothers, the 12 week child bonding leave shall commence at the

conclusion of (but need not be taken immediately following) any pregnancy

disability leave.

10.7.6.2 For non-birthing parents, the 12 week child bonding leave shall commence on

the first day of such leave.

10.7.6.3 Pursuant to Education Code section 44977.5, if a unit member exhausts their

accumulated sick leave prior to expiration of the 12-week child bonding

leave, they shall be entitled to differential pay as defined in section 10.1.3

above for the balance of the 12-week period.

10.7.6.4 The District must be provided with at least thirty (30) days prior notice of

intent to take a child bonding leave, except in the case of emergency.

10.7.6.5 Any child bonding leave(s) taken shall be concluded within one year of the

birth or placement of a child with the employee in connection with the

adoption or foster care of the child by the employee.

10.7.6.6 The 12-week child bonding period provided by Education Code section

44977.5 is separate and distinct from extended sick leave provided by

Education Code section 44977 (as provided in section 10.1.3 of this

Agreement).

10.7.6.7 Pursuant to Education Code section 44977.5, in order to qualify for child

bonding leave, employees must have completed one year (twelve months of

service) for the District, but are not required to have at least 1,250 hours of

service during the previous one year (twelve months) period.

10.7.7 Counting the 12 Week Period: The 12-week child bonding period is 60 days, based on

the employee’s normally scheduled work weeks, subject to the following (these

provisions are a summary of the regulation governing CFRA bonding leave [California

Code of Regulations, title 2, section 11090]):

10.7.7.1 If an employee takes leave in less than a one week increment and a holiday

falls within that week, the holiday does not count against the 60 days.

10.7.7.2 If an employee takes leave in an increment of one week or more and a

holiday falls within that period of leave, the week is nevertheless counted

against the 60 days of CFRA leave as a full week of CFRA leave (i.e., 5

days).

10.7.7.3 If an employee is not expected to report to work during a break or recess of

one or more weeks during which District operations are wholly or partially

shut down, leave days taken during these periods do not count towards the 60

days of CFRA leave. These periods of time are: Holiday Recess

(December/January), Winter Recess (February), Spring Recess (April), and

Summer Break.

10.8 Adoptive Leave: This leave is separate and distinct from Child Bonding Leave as provided in

section 10.7.7.

10.8.1 The Adoptive Leave of Absence shall not begin more than one (1) month prior to the date

of adoption. The leave shall not extend beyond the end of the semester in which the first

anniversary date of adoption falls. The leave of absence may be for a shorter period of

time when requested by the employee.

10.8.2 The employee will give the Human Resources Department five (5) day notice prior to the

starting date of the leave.

10.8.3 No compensation shall be paid to the employee while on adoptive leave. The District

will not make contributions toward employee benefits for teachers on adoptive leave

except as required by law. The employee may elect to continue his benefits at their

own expense. Arrangements for this should be made through the Human Resources

Department.

10.8.4 Advancement on the salary schedule shall be in accordance with Article 6.

10.9 Infant Child Care Leave: This leave is separate and distinct from Child Bonding Leave as

provided in section 10.7.7.

10.9.1 The Board of Education shall grant an Infant Child Care Leave of Absence when

requested by the unit member.

10.9.2 Upon the request of the unit member, the District shall grant an Infant Child Care Leave

for the balance of the semester in which the child is born. At the request of the employee,

the District will extend the child care leave of absence for the following semester and the

next succeeding semester. An Infant Child Care Leave of Absence may not terminate

during a semester except at the discretion of the District. The District will not pay any

employee benefits during the leave of absence for child care except as required by law.

The employee may elect to continue his benefits at their own expense. Arrangements for

this should be made through the Human Resources Department.

10.9.3 Advancement on the salary schedule shall be in accordance with Article 6.

10.10 Sabbatical Leave

10.10.1 General provisions applicable to both one- and two- semester sabbatical leaves are:

10.10.1.1 A detailed outline of the purpose and plans for the leave must accompany the

application.

10.10.1.2 The employee may be required to perform such services during the leave as

the Governing Board and the employee may agree upon in writing.

10.10.1.3 Upon approval of the leave, the employee shall sign an agreement to render

service in the District for a period of time equal to twice the period of the

leave.

10.10.1.4 In case of injury to, or illness of, the employee during the sabbatical leave

which prevents his completing the purpose of the leave, the sabbatical leave

will be terminated and all provisions for sick leave will apply. If death or

physical or mental disability prevents the employee from fulfilling his

agreement to return to service in the District, no repayment of salary will be

required. 1

10.10.1.5 Retirement, income tax, and other authorized deductions will be withheld

from the employee’s compensation while on leave.

10.10.1.6 The District may reduce the salary by the amount the employee earns over the

regular annual salary they would have received had they not been on leave.

Grants and scholarships shall not be considered income. The employee shall

provide the District with a written statement of all salaries earned while on

leave.

10.10.1.7 Should the employee fail to complete the required period of service in the

District upon completion of the leave, they shall repay to the District a

portion of the salary paid while on leave equal to the ratio that the

incomplete time bears to the full required period of time.

10.10.1.8 No travel credits shall be granted for salary schedule purposes.

10.10.1.9 College units of credit earned while on leave will be recognized for salary

schedule purposes.

10.10.1.10 Full credit for time on leave will be allowed for salary schedule purposes.

10.10.1.11 Should the employee request a leave of absence to be effective prior to

completing the required period of service, they shall post a performance

bond equal to the amount required in Section 10.10.1.7 above.

10.10.1.12 This Agreement is limited to applications for a full-year’s sabbatical leave at

one-half (1/2) their annual rate of pay.

10.10.1.13 The Sabbatical Leave Committee shall make recommendations to the

Superintendent and shall rank the priority of such recommendations when

requested.

10.10.2 Criteria for approval of a full-year sabbatical leave at one-half (1/2) pay:

10.10.2.1 The applicant must have completed seven (7) years of satisfactory service in

the Sunnyvale School District on a regular credential before the effective date

of the leave.

10.10.2.2 The application must be submitted on or before February 1 of the school year

preceding the school year in which the sabbatical leave is taken.

10.10.2.3 The proposed activity must be related to the applicant’s present or future

service in the District.

10.10.2.4 The applicant plans a graduate study program of not less than sixteen (16)

semester units towards one of the following objectives:

10.10.2.4.1 An advanced degree;

10.10.2.4.2 A California credential;

10.10.2.4.3 To update the knowledge and skills for the position currently held.

10.10.2.5 At least six (6) semester units must be taken during a single semester with the

balance taken during the other semester.

10.10.2.6 When the leave is for a graduate study program, the applicant must submit an

official transcript of credits within ninety (90) calendar days after completion

of leave.

10.10.2.7 Travel

10.10.2.7.1 A tentative itinerary must accompany the application.

10.10.2.7.2 A statement of how the teacher and students will benefit from the

travel must accompany the application.

10.10.2.7.3 The applicant must be in travel status for at least twelve (12)

weeks during each semester while on leave.

10.10.2.7.4 The applicant must submit a satisfactory written report within

ninety (90) calendar days after completion of the leave.

10.10.2.8 When a leave is for a combination of graduate study and travel, the required

number of semester units and the required number of weeks in travel status

may be prorated.

10.10.3 Criteria for approval of one semester sabbatical leave at full pay:

10.10.3.1 The applicant must have completed seven (7) years of satisfactory service in

the Sunnyvale School District on a regular credential before the effective date

of leave.

10.10.3.2 The application must be submitted on or before February 1 of the school year

in which the sabbatical leave is taken.

10.10.3.3 The proposed activity must be related to the applicant’s present or future

service in the District.

10.10.3.4 The applicant plans a graduate study program of not less than twelve (12)

semester units towards one of the following objectives:

10.10.3.4.1 An advanced degree;

10.10.3.4.2 A California credential of value to an elementary school district;

10.10.3.4.3 A very special pre-approved program to update the knowledge

and skills for the position currently held.

10.10.3.5 The applicant must submit an official transcript of credits within ninety (90)

calendar days after completion of the leave.

10.11 Jury Duty or Witness Leave

10.11.1 An employee shall be granted paid leave for jury duty or for any court appearance under

an official order in which they are not a litigant. All compensation received by the

employee for such an appearance, however, shall be deposited to the credit of the

District. If the employee does not deposit such compensation, the absence shall constitute

leave without pay.

10.11.2 When appearance in court as a litigant is necessary, the employee may exercise his rights

as provided in the Personal Necessity Leave provision.

10.12 Legislative Leave

10.12.1 Every person employed by the District as a permanent employee in a position requiring

certification qualifications who is elected to the Legislature shall be granted a leave of

absence from their duties as an employee of the District by the Governing Board of the

District.

10.12.2 During the term of such leave of absence, the employee may be employed by the District

to perform such less than full-time service requiring certification qualifications for such

compensation and upon such terms and conditions as may be mutually agreed upon.

10.12.3 Such absence shall not affect in any way the classification of such employee.

10.12.4 Within six (6) months after the term of office of such employee expires, they shall be

entitled to return to the position held by them at the time of their election, at the salary

to which they would have been entitled had they not been absent themselves from the

service of the District under this section.

10.12.5 Notwithstanding any provision of this code to the contrary, a person employed to take the

place of any such employee shall not have any right to such a position following the

return of such employee to the position.

10.12.6 This section shall apply to any permanent certificated District employee who held the

office of Member of the Assembly or State Senator on or after January 4, 1965.

(Education Code 44801)

10.13 Association Leave

10.13.1 An unpaid leave of absence of up to two (2) years shall be granted to any member of the

unit, upon application, for the purpose of serving as an officer of the California Teachers

Association or the National Education Association. Such leave shall be for at least one

(1) semester.

10.13.2 Leave shall be granted upon request by the Association for absences at no expense to the

District, for officers and/or representatives of the Association, not to exceed twenty (20)

days per school year, to attend to organizational business.

10.13.3 The Association President and the Superintendent shall meet at the request of either party

for the equivalent of four (4) school days per year for purposes of discussing matters of

mutual concern. There shall be no salary deduction for said meetings. [Negotiated 2007]

10.14 Conferences and Visitations

10.14.1 The Board of Education will provide for attendance of certificated employees at

conferences and workshops which will benefit the District and which will contribute to

the professional growth and competency of the employee. The Superintendent may

authorize leaves for conferences and workshops to be held within the state. Such leaves

may be with or without loss of salary, and/or with or without reimbursement of necessary

expenses by the District. This may include officers and duly appointed delegates of

professional associations. Determination as to the payment of salary and/or expenses will

be made at the time the leave is granted.

10.14.2 The Superintendent, at their discretion, may grant permission for an employee to be

absent without loss of pay for the purpose of visitation.

10.15 Unpaid Leaves [Negotiated 2012]

10.15.1 One year’s leave of absence, without pay, will be granted to teachers with at least one (1)

year of service in the District as a permanent employee under the following conditions:

10.15.2 Leave for Full or Half Subsequent School Year: Requests for leave must be in writing

and received by the District by April 15 of the school year prior to the school year of the

proposed leave. No reasons are required to be stated on timely leave requests for the full

or half subsequent school year. (“School year” is defined in section 3.17 of this

Agreement)

10.15.3 Late Requests for Leave: Leave requests under section 10.15.1 submitted after April 15

will be considered on a case by case basis and may be granted at the discretion of the

District based on written information provided by the teacher that the requested leave is

related to:

10.15.3.1 An action or activity that is serious and compelling in nature; that cannot be

disregarded; that admits no choice of conduct; and requires immediate

attention;

10.15.3.2 An action or activity that cannot be accomplished except during working

hours;

10.15.3.3 An action or activity characterized by presenting an unavoidable choice as

compared with a weighing of advantages which would be characteristic of a

personal convenience.

10.15.4 Requests for Leave Other Than Full or Half Subsequent School Year: Requests for leave

other than the full or half subsequent school year, even if received by April 15, will be

considered in the same manner set forth in sections 10.15.2 through 10.15.2.3.

10.15.5 Requests for Mid-Year Leave: Requests for leave to occur during the current school

year will be considered in the same manner set forth in sections 10.15.2 through

10.15.2.3.

10.15.6 Renewal of Leave: It is intended that unpaid leaves under this section 10.15 are granted

only once. Requests for renewal of such leaves, however, must be received by the

District within the time lines in section 10.15.6 and will be considered in the same

manner as set forth in sections 10.15.2 through 10.15.2.3.

10.15.7 Notice of Intent to Return From Leave: Teachers on unpaid leave must notify the District

of their intent to return as follows:

10.15.7.1 One-half (1/2) or more school year leave: notification by four (4) months prior

to the end of leave.

10.15.7.2 Less than one-half (1/2) school year leave: notification by two (2) months

prior to the end of leave.

10.16 Military Leave

10.16.1 Employees who are members of any reserve corps of the Armed Forces of the United

States or of the National Guard, or who are inducted, enlisted, or are otherwise ordered to

active military duty, shall be granted such leave and military leave pay as is provided by

law.

10.16.2 Employees on military leave shall retain those rights and privileges as required by law.

10.16.3 Voluntary requested Reserve Corps and National Guard military training periods must be

taken at times when school is not in session unless that training is offered only during

periods when school is in session.

10.17 Disability Allowance

10.17.1 A member of the unit who has applied for a disability allowance under STRS shall be

granted an unpaid leave of absence for up to 39 months.

10.18 Employee Maintenance

10.18.1 When an employee is on leave but wishes to continue fringe benefits at their expense,

the employee’s quarterly contribution must be made in advance. Failure to make

payments in advance will result in termination of coverage.

10.18.2 The District will notify the Association of unit members who are becoming delinquent

before termination of coverage.

ARTICLE 11

TRANSFER

[Negotiated 2000]

11.1 Introduction

Transfer pertains to the movement of the members of the unit from one school site or facility to

another school site or facility, but does not apply to a change in assignment at a particular school

site or facility nor to the assignment of a member of the unit to a particular classroom, grade level,

or subject area. Changes in assignment for teachers who are assigned to two or more school sites

or facilities shall not be considered a transfer providing they are still performing the same duties

within the position.

11.2 Types of Transfers

The two types of transfers are: employee-initiated and administrator-initiated.

11.2.1 Employee-initiated transfers require that a member of the unit request, in writing, to the

Human Resources Administrator, a transfer from one school site or facility to another.

Such a request must state the specific reasons for the request and may specify the school

site or facility desired.

11.2.2 Administrator-initiated transfers shall be at the discretion of the Superintendent. The

Superintendent, or his designee, in a private conference, shall inform unit members who

are administratively transferred of this action as early as possible. These transfers shall be

in the best interests of the District’s educational program and shall not be punitive nor

disciplinary in nature.

11.3 Procedures For Employee-Initiated Transfer [Negotiated 2022]

11.3.1 Employee may request a transfer by applying for a posted vacancy via the District digital

application process

11.3.2 The principal assigned to the specified school where the vacancy exists will review all

employee-initiated applications. The principal will forward a list of all interviewees to the

Human Resources Department along with a recommendation concerning the vacancy. The

Human Resources Department will notify all interviewees of their status.

11.3.3 Within ten (10) days, if requested, the Superintendent, or his designee, shall give the

employee a written statement of reasons regarding why the employee’s request for transfer

was not granted.

11.3.4 When a school closes, teachers at the school shall have the first opportunity to fill

vacancies for which they are qualified at the school(s) where students from the closed

school are transferred.

11.3.5 The Human Resources Department shall notify unit members of all vacancies via email

posting. A list of vacancies will be maintained as a link on the District Website on the

Human Resources page.

11.3.6 All open positions shall be posted on the Santa Clara County Office of Education’s

recruiting website: www.edjoin.org.

11.3.7 All positions shall be posted as they occur.

11.3.8 Once the school year begins, any member of the unit subject to an employee-initiated

transfer shall be entitled to up to two (2) days of release time for the purpose of effecting

the transfer, moving materials to a new site, becoming familiar with pupil records, site

orientation and curriculum planning. A unit member may waive any portion of the above

described two (2) days.

11.4 Procedures For Administrative-Initiated Transfer

11.4.1 If requested, the Superintendent, or his designee, shall give the certificated employee a

written statement of reasons for the administrative transfer. Certificated employees who are

administratively transferred shall have the right to indicate preference from a list of

vacancies.

11.4.2 When an administrative-initiated transfer results from a reduction in enrollment, service, or

an increase in class size, the following criteria will be taken into consideration in

determining who will be transferred:

The employee’s credentials, staffing needs of the school, District staffing needs,

experience, desire of the teacher, seniority, and professional preparation. All other factors

being equal, seniority shall govern.

11.4.3 The District will make every effort not to give an administrator-initiated transfer to an

employee for a minimum of three (3) years following such a transfer. In any event, any

certificated employee given an administrator-initiated transfer shall not be given another

administrative-initiated transfer for a minimum of two (2) years without the consent of the

employee, or unless the employee requests a transfer, or as mandated by the closure of

schools, or the elimination of a position. [Negotiated 2007]

11.4.4 Once the school year begins, any member of the unit subject to an administrative-initiated

transfer shall be entitled to up to two (2) days of release time for the purpose of effecting

the transfer, moving materials to a new site, becoming familiar with pupil records, site

orientation and curriculum planning. A unit member may waive any portion of the above

described two (2) days.

11.5 Reassignment

Reassignment is the movement of a unit member from one subject area to another subject area,

from one grade level to another grade level, or from one configuration to another, such as team

teaching, restructuring, or other reconfiguration within the same site. Each spring the site

administrator shall make such assignments with the interests of the school program and the needs

of the students in mind.

11.5.1 The District will make every effort not to reassign an employee for a minimum of three (3)

years following a reassignment. In any event, any certificated employee given a

reassignment shall not be given another reassignment for a minimum of two (2) years

without the consent of the employee, or unless the employee requests a reassignment, or as

mandated by the closure of schools, or the elimination of a position. [Modified 2007]

11.5.2 Once the school year begins, any member of the unit subject to a reassignment shall be

entitled to up to two (2) days of release time for the purpose of effecting the transfer,

moving materials to a new classroom, becoming familiar with pupil records, and

curriculum planning. A unit member may waive any portion of the above described two

(2) days.

11.5.3 Within ten (10) days, if requested, the Superintendent, or his designee, shall give the

employee a written statement of reasons for the reassignment.

11.6 Transfers to Exchange Positions

Any two certificated employees may choose to exchange positions for a period of one (1) year,

with the consent of the Superintendent, or his designee. Any certificated employee may enter into

such an exchange not more than once every four (4) years. The exchange teachers shall remain in

their position for the entire school year.

ARTICLE 12

CERTIFICATED EMPLOYEES EVALUATION

[Negotiated 2015]

12.1 Evaluation Procedure

12.1.1 Purpose – The purpose of the Sunnyvale School District’s evaluation system is to promote

professionalism and collaboration; support professional growth over the developmental

stages of a teaching career; and to ensure excellence and individual accountability for

student achievement.

12.1.1.1 The site supervisor/principal will provide an in-service at the beginning of each

school year to acquaint new teachers with the evaluation process.

12.1.1.2 Members of the unit assigned to more than one building shall be assigned one

supervisor. These members shall be evaluated by this supervisor with input

from site administrator(s). Copies of any observations and comments may be

sent to the immediate supervisor with a copy given to the unit member.

12.1.1.3 Members of the unit, including PAR and BTSA Mentors, shall not be required

to formally evaluate other members of the unit.

12.1.1.4 Members of the unit shall have the right to initiate a written reaction or response

to the evaluation. Such response shall be limited to and must relate to the

content of the evaluation. Such response shall become a permanent attachment

to the employee’s personnel file.

12.1.1.5 The evaluation of members of the unit, except for the alleged violation of

procedural matters, shall not be subject to the Grievance Procedure.

12.1.1.6 For social workers, all references to “observation” in this article refer to

consultations and clinical supervision. In addition, the use of any observation-

related forms shall not be required, nor is there any required frequency or length

of observations.

12.2 Permanent Members

12.2.1 Permanent unit members must be formally evaluated once every other year except as

provided for in 12.2.2 and 12.2.3.7. Two (2) formal evaluation methods are available to

every permanent unit member: Traditional Formal or Alternative Formal. Permanent

members who are not being formally evaluated by one of these methods shall be

considered Off Cycle for that year.

12.2.1.1 The evaluator, in collaboration with the permanent unit member, shall make a

decision as to whether the unit member is to be formally evaluated or considered

Off Cycle for the subsequent year, with the evaluator making the final decision.

If the evaluator and the unit member disagree on this final decision, the

evaluator shall provide a written explanation to the unit member for their

decision. This shall be done prior to the last day of school.

Unless the permanent unit member is required by the evaluator to be on

Traditional Formal, the decision as to which formal option (Traditional or

Alternative) can be made as early as May of the current year, but no later than

the fall goal conference. The intent of this section is to make the decision as

early as practical.

12.2.2 Extended Evaluation Off Cycle: Permanent unit members who meet the following

criteria may be evaluated every fourth year. This means if an employee is evaluated in

“year 1,” they would next be evaluated in “year 5” or sooner according to section

12.1.1.3 below. [Negotiated 2022]

12.2.2.1 Permanent unit members who have been employed at least ten (10) years with

the Sunnyvale School District; and

12.2.2.2 Whose previous overall rating on a Traditional Formal Evaluation was

proficient, or whose previous rating on an Alternative Formal Evaluation was

satisfactory.

12.2.2.3 If the above criteria are met, the unit member and evaluator may agree to

participate in the to four year cycle. The Four Year Evaluation Off Cycle

Form (Appendix D-8) shall be submitted with the Formal Evaluation

(Traditional or Alternative). The unit member or the evaluator may withdraw

consent at any time. The evaluator’s decision to place the employee on, or

withdraw the employee from the four year cycle shall not be subject to Article

7 (Grievance Procedure).

12.2.3 Permanent members of the unit who are being formally evaluated shall be evaluated using

one of the following two (2) methods: Traditional Formal or Alternative Formal.

12.2.3.1 Those unit members on Traditional Formal shall receive at least two (2)

observations prior to May. Prior to each observation, the unit member and the

evaluator shall meet to discuss the observation using the Pre-Observation

Conference Guide (Appendix D-2). This meeting shall take place within five

(5) days of the observation. Following each observation, the unit member and

evaluator shall meet to discuss the observation, using the Post-Observation

Feedback Form (Appendix D-3). One (1) written evaluation using the

Traditional Formal Certificated Instructional Evaluation Summary (Appendix

D-7), shall be transmitted to the member no later than thirty (30) calendar days

before the last day of school.

12.2.3.2 Each Traditional Formal evaluation shall be based upon the California Standards

for the Teaching Profession (teachers), National Evaluation Framework for

School Social Work Practice (social workers), Performance Assessment of

Contributions and Effectiveness of SLPs (SLPs) and at least two (2)

observations of thirty (30) minutes or more.

12.2.3.3 There shall be a post-observation conference which shall occur within five (5)

working days following each observation. The Post Observation Form

(Appendix D-3) shall be provided to the unit member within ten (10) working

days following the conference; however, failure to meet this preferred timeline

shall not be a violation of this Article. Use of the completed form is mandatory.

The deadline may be extended by mutual agreement of the administrator and the

teacher, but in any event, the completed form shall be delivered in a timely

manner.

12.2.3.4 If any member of the unit on Traditional Formal Cycle receives a “Needs

Improvement” or “Unsatisfactory” on the Post Observation Feedback Form

(Appendix D-3), the evaluator or the teacher may request one additional

observation using the same form and procedure. Either the evaluator or the

permanent teacher may request an alternate observer selected by the Human

Resources Administrator to conduct the additional observation. The evaluator

shall provide on said form a specific written explanation for such rating and

shall include specific written recommendation(s) for improvement.

12.2.3.5 The evaluator(s) of the member of the unit shall take action to assist in

correcting any “Needs Improvement” or “Unsatisfactory” on any standard of the

Traditional Formal Certificated Instructional Evaluation Summary Form. Such

action shall include specific written recommendations for improvement and

assistance in implementing such recommendations (See Appendix D-9 –

Teacher Support Plan). It may also include but not be limited to peer assistance

and/or possible requirements that the member of the unit shall, as determined

necessary by the evaluator, participate in a program designed, in collaboration

with the member, to improve the appropriate area(s) of performance.

12.2.3.6 In addition to mandated Support Plans (see 12.2.3.5) either the unit member or

evaluator may request support for professional growth aligned with the

California Standards for the Teaching Profession (teachers), National Evaluation

Framework for School Social Work Practice (social workers), Performance

Assessment of Contributions and Effectiveness of SLPs (SLPs). To accomplish

this intent, plans of support may be developed jointly by the evaluator and the

unit member. These plans of support can be informal or formal/written.

12.2.3.7 The evaluator shall annually evaluate the member using a Traditional Formal

method until there are no longer any standards that are rated Unsatisfactory or

Needs Improvement on the Traditional Formal Certificated Instructional

Evaluation Summary.

12.2.4 Unit members on Alternative Formal will devise, in conjunction with their immediate

supervisor, a project or practice for focus that will positively impact student learning.

[Negotiated 2022]

12.2.4.1 Unit members must submit the Alternative Plan Goals Form (Appendix D-4)

within the first 12 weeks of the unit member’s work year.

12.2.4.2 A minimum of two Progress Review Meetings will be held between November

1st and April 1st of the year in which the member is on the Alternative

Evaluation Plan.

12.2.4.3 The Alternative Option Signature Page (Appendix D-5) and the Self

Reflection Summary (Appendix D-6) shall be discussed and signed by the

member and their evaluator not later than thirty (30) calendar days before the

last school (student instructional) day scheduled on the school calendar.

12.2.5 Any permanent member of the unit may be placed on Off Cycle for the year following a

formal evaluation cycle. This decision is made in collaboration between the evaluator and

the unit member, with the evaluator making the final decision. The requirement for those

members in Off Cycle includes a Goals Reflection Conference (Appendix D-1) in the fall

and a follow- up Goal’s Reflection Conference in the spring (Appendix D-2).

A unit member in their first year of service in permanent status shall be Off-Cycle subject

to section 12.2.6 (the administrator may place, or the unit member may request to be

placed, on a Traditional Formal evaluation cycle). [Negotiated 2022]

12.2.6 If a member is on Alternative Formal or Off Cycle, and the administrator has adequately

supported written documentation of a concern about the member’s job performance, the

administrator may place, or the member may request to be placed, on a Traditional Formal

evaluation cycle. Adequate supported written documentation may include, but is not

limited to, observations and/or classroom visitations. Such Formal evaluation shall remain

in effect for the rest of the school year or until such time that the employee receives a

proficient evaluation or is separated from the District. If a change in evaluation procedures

occurs at the initiation of the evaluator, the affected member shall be notified in writing of

such change.

12.3 Probationary Members

12.3.1 All probationary members shall be evaluated every year using the Traditional Formal

evaluation method.

12.3.1.1 Probationary members of the unit shall be observed at least two (2) times prior

to December 15 and at least one (1) more time prior to March 15. Prior to each

observation, the unit member and the evaluator shall meet to discuss the

observation using the Pre-Observation Conference Guide (Appendix D-2). This

meeting shall take place within five (5) days of the observation. Following each

observation, the unit member and evaluator shall meet to discuss the observation

using the Post-Observation Feedback Form (Appendix D-3). One (1) written

evaluation using the Traditional Formal Certificated Instructional Evaluation

Summary (Appendix D-7), shall be transmitted to the member no later than

thirty (30) calendar days before the last day of school.

12.3.1.2 There shall be a post-observation conference which shall occur within five (5)

working days following each observation. The Post Observation Feedback

Form (Appendix D-3) shall be provided to the unit member within ten (10)

working days following the conference; however, failure to meet this preferred

timeline shall not be a violation of this Article. Use of the completed form is

mandatory. The deadline may be extended by mutual agreement of the

administrator and the teacher, but in any event, the completed form shall be

delivered in a timely manner.

12.4 Temporary Members

12.4.1 Whenever practical, temporary members of the unit shall be evaluated using the

procedures and timelines outlined in 12.2 or 12.3. When the timeline outlined in 12.3 does

not allow, temporary members of the unit shall be observed at least once within the first six

(6) weeks of service. Prior to each observation, the unit member and the evaluator shall

(7) meet to discuss the observation using the Pre-Observation Conference Guide

(Appendix D- 2). This meeting shall take place within five (5) days of the observation.

Following each observation, the unit member and evaluator shall meet to discuss the

observation using the Post-Observation Feedback Form (Appendix D-3). One (1) written

evaluation using the Traditional Formal Certificated Instructional Evaluation Summary

(Appendix D-7A), shall be transmitted to the member no later than thirty (30) calendar

days before the last day of school.

12.4.2 There shall be a post-observation conference which shall occur within five (5) working

days following the observation. The Post Observation Feedback Form (Appendix D-3)

shall be provided to the unit member within ten (10) working days following the

conference; however, failure to meet this preferred timeline shall not be a violation of this

Article. Use of the completed form is mandatory. The deadline may be extended by

mutual agreement of the administrator and the teacher, but in any event, the completed

form shall be delivered in a timely manner.

12.5 Goals Conferences [Negotiated 2014]

12.5.1 Each unit member shall participate in an annual Professional Goals Conference with

their evaluator.

12.5.2 Professional Goals Conferences shall occur within the first eight weeks of the unit member

work year. Conferences for unit members beginning their service after the first four weeks

of the work year shall occur within four weeks of service.

12.5.3 The individual Professional Goals form (Appendix D-1) will guide the conversation

between the unit member and evaluator with focus on continuous improvement. The

teacher and the evaluator will collaborate and agree on the two standards for focus.

12.5.4 The Social Worker and the Student Services administrator will collaborate to establish a

plan of support for social workers new to the profession. Whenever feasible and

appropriate, professional development support, which may include clinical supervision,

will be provided.

12.6 Support Plans

12.6.1 This section applies to Permanent, Probationary, and Temporary unit members. The

District and SEA support professional growth aligned with the California Standards for the

Teaching Profession (“CSTP”), (teachers), National Evaluation Framework for School

Social Work Practice (social workers), Performance Assessment of Contributions and

Effectiveness of SLPs (SLPs). This support may focus on academic, social-emotional,

and/or behavioral needs and growth of students. Support for professional growth of unit

members can be initiated by unit member request, by principal request and/or referral or as

a result of an Unsatisfactory or Needs Improvement rating as specified in section 12.6.2.

12.6.2 The evaluator(s) of unit member(s) on Traditional Formal Evaluation shall take action to

assist in correcting any “Needs Improvement” or “Unsatisfactory” rating on any standard

of the Traditional Formal Certificated Instructional Evaluation Summary Form. Such

action shall include specific written recommendations for improvement and assistance in

implementing such recommendations (Appendix D-9, Teacher Support Plan). It may also

include but not be limited to peer assistance and/or requirements that the unit member

shall, as determined necessary by the evaluator, participate in a program designed, in

collaboration with the unit member, to improve the appropriate area(s) of performance.

12.6.3 A unit member off-cycle or on an alternative evaluation may be placed on a Support Plan

if, in the judgment of the evaluator, the unit member’s performance falls below

expectations for “Satisfactory” on any standard of the CSTP’s. This judgment will be

based on documented evidence. Such action shall include specific written

recommendations for improvement and assistance in implementing such recommendations

(Appendix D-9, Teacher Support Plan). It may also include but not be limited to peer

assistance and/or requirements that the unit member shall, as determined necessary by the

evaluator, participate in a program designed, in collaboration with the unit member, to

improve the appropriate area(s) of performance.

12.6.4 In addition to evaluator initiated Support Plans (See 12.6.2 and 12.6.3) the unit member

may request support for professional growth aligned with the CSTP’s (teachers), National

Evaluation Framework for School Social Work Practice (social workers), Performance

Assessment of Contributions and Effectiveness of SLPs (SLPs). This support may focus

on academic, social-emotional, and/or behavioral needs and growth of students. To

accomplish this intent, plans of support may be developed jointly by the evaluator and the

unit member. These plans of support may be informal or formal/written.

12.7 Personnel Files

12.7.1 The Human Resources Department shall establish and maintain file(s) for each certificated

employee. The file(s) shall be the official District repository for the end of the year

summary evaluation form. A working file to contain observation and evaluation records

shall also be kept in the building administrator’s office. The same provisions pertaining to

the official file in the Human Resources Department shall apply.

12.7.2 Materials in personnel files of employees which may serve as a basis for affecting the

status of their employment are to be made available for the inspection of the person

involved.

12.7.3 Such material is not to include ratings, reports, or records which (1) were obtained prior to

the employment of the person involved, (2) were prepared by identifiable examination

committee members, or (3) were obtained in connection with a promotional examination.

12.7.4 Every employee shall have the right to inspect such materials outside contract hours upon

request.

12.7.5 Information of a derogatory nature shall not be entered or filed unless, and until, the

employee is given notice and an opportunity to review and comment thereon. An

employee shall have the right to enter, and have attached to any such derogatory statement,

his own comments thereon. Such review shall take place during normal business hours,

and the employee shall be released from duty for this purpose without salary reduction.

12.8 Public Charges

A complaint regarding a member of the unit made to any member of administration by any parent,

student, or other person which does, or may, influence the evaluation of a member of the unit shall

be discussed with that member. The principal may schedule a meeting to include themselves, the

complainant and the teacher. The teacher, upon request, will be afforded a representative by the

Association.

ARTICLE 13

SAFETY CONDITIONS OF EMPLOYMENT

[Negotiated 1976, 2015]

13.1 Unsafe Conditions

13.1.1 Employees shall not be required to work under unsafe or hazardous conditions or to

perform tasks which endanger their health, safety, or well-being.

13.1.2 The District and its employees shall comply with the provisions of the California

Occupational Safety and Health Act (CAL/OSHA) and compliance or non-compliance

with its provisions shall be determined in accordance with investigatory and adjudicatory

procedures provided for in CAL/OSHA.

13.1.3 Neither the employer nor employee shall knowingly violate the provisions of the

California Fire Code.

13.2 Suspension

13.2.1 Teachers Right to Suspend – A teacher may suspend a student from their class in

accordance with the provisions of the law. A copy of current applicable laws, including

the causes for suspension (Education Code section 48900) and the teacher’s right to

suspend as described in this section (Education Code section 48910) are presented in

Appendix H. If changes occur during the life of this Agreement, notification of such

changes shall be distributed to the Association.

13.3 Assault on Employees

13.3.1 Every parent, guardian, or other person who upbraids or abuses any teacher of the public

school, in the presence or hearing of a pupil, is guilty of a misdemeanor, which is

punishable by law.

13.3.2 Any parent, guardian, or other person who insults or abuses any teacher in the presence of

other personnel or pupils, and at a place which is on school premises or public sidewalks,

streets, or other public ways adjacent to school premises or at some other place, if the

teacher is required to be at such other place in connection with assigned school activities, is

guilty of a misdemeanor, which is punishable by law.

13.3.3 Certificated employee(s) shall immediately report threats or assaults suffered by them in

connection with their employment to their principal or other immediate superior who shall

immediately report the incident to the police.

13.4 Legal Defense of Unit Members

The District will indemnify and defend any unit member, pursuant to state law, if legal action is

brought against the unit member as a result of performing duties within the course and scope of

their employment.

13.5 Damage to Personal Property

Upon the request of a unit member whose property has been damaged by the misconduct of a

pupil which occurs during the unit member's course and scope of employment, the District shall

investigate, and in meritorious cases, arrange for restitution/reimbursement.

13.6 Rights and Duties of Employees

Bargaining unit members who are assigned to work with students with identified behavioral

differences will comply with student Behavior Support Plans and will be provided, at no cost to

the unit members, appropriate trainings designed to support students. Unit members are

encouraged to voluntarily participate in such trainings.

ARTICLE 14

ORGANIZATIONAL SECURITY

[Negotiated 1976]

14.1 Maintenance of Membership

14.1.1 Employees shall have the absolute right to form, join, or participate in the organization(s)

of their choice. Employees shall not be required as a condition of employment to become

a member of any organization.

14.1.2 Employees who are dues paying members of the unit at the outset of the Agreement shall

be required to maintain membership until the expiration of this Agreement. Nothing

contained in this Agreement, however, shall deprive the employee of the right to terminate

his obligation to the employee organization within a period of thirty (30) days following

the expiration of this Agreement.

14.2 Dues Deduction Authorization

Any certificated employee who is a member or agency fee payer of the Association, or who has

applied for membership, may sign and deliver to the Employer an assignment authorizing

deduction of unified membership dues, initiation fees, and general assessments in the Association.

Such authorization shall continue in effect from year to year unless revoked in writing pursuant to

the maintenance of membership provision. Pursuant to such authorization, the Employer shall

deduct one-tenth (1/10) of such dues from the regular salary check of certificated employee(s)

each month for ten (10) months. Deductions for employees who sign such authorization after the

commencement of the school year shall be appropriately prorated to complete payments by the

end of the school year. Dues deductions shall be without cost to the employee or the Association.

14.3 Payment of Monies

With respect to all sums deducted by the District to Sections 14.2 and 14.5.1 herein, whether for

membership dues or agency fee, the District agrees promptly to remit such monies to the

Association accompanied by any alphabetical list of unit members for whom such deductions have

been made, categorizing them as to membership or non-membership in the Association, and

indicating any changes in personnel from the list previously furnished.

14.4 Deductions – Other Purposes

Upon written authorization from a member of the unit, the Employer shall deduct the appropriate

amount from the salary of any member of the unit and make appropriate remittance for annuities,

credit union, savings bonds, charitable donations, or any other plans or programs for which such

deductions are permitted by law.

The Association agrees to furnish the necessary information needed by the employer to fulfill the

provisions of this Article.

14.5 Agency Fee (Fair Share) Effective July 1, 1991

14.5.1 Any unit member who is not a member of the Association, or who does not apply for

membership within thirty (30) days from the date of commencement of assigned duties

within the bargaining unit, shall become a member of the Association or pay to the

Association a fee in an amount equal to unified membership dues, initiation fees and

general assessments, payable to the Association in one lump sum cash payment in the same

manner as required for the payment of membership dues, provided, however, that the unit

member may authorize payroll deduction for such fee in the same manner as provided in

Section 14.2 of this Article. In the event that unit members shall not pay such fee directly

to the Association, or authorize payment through payroll deduction as provided in Section

14.2, 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 Section 14.2 of this Article. There shall be no charge to the

Association for such mandatory agency fee deductions.

14.5.2 Any unit member who is a member of a religious body whose traditional tenets or

teachings include objections to joining or financially supporting employee organizations

shall not be required to join or financially support the Association as a condition of

employment; except that such unit member shall pay, in lieu of a service fee, sums equal to

such service 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:

14.5.2.1 Foundation to Assist California Teachers

14.5.2.2 United Way of Silicon Valley

14.5.2.3 Social Advocates for Youth

Such payment shall be made on or before October 1 of each school year.

14.5.3 Proof of payment and a written statement of objection along with verifiable evidence of

membership in a religious body whose traditional tenets or teachings object to joining or

financially supporting employee organizations, pursuant to Section 14.5.2 above, shall be

made on an annual basis to the Association and District as a condition of continued

exemption from the provisions of Sections 14.2 and 14.5.1 above. Proof of payment shall

be in the form of receipts and/or canceled checks indicating the amount paid, date of

payment, and to whom payment in lieu of the service fee has been made. Such proof shall

be presented on or before October 1 of each school year.

14.5.4 All matters pertaining to the amount of the agency fee payment, claims or arbitration’s

concerning such amount or concerning requests for refund of any such amount, shall be

subject procedurally to PERB Rules and Regulations and to applicable federal and state

laws. The District shall be under no obligation to respond to, process, or in any way

participate in such matters.

14.5.5 Commencing July 1, 1991, the agency fee arrangement shall apply to all unit members,

regardless of date of hire.

14.5.6 The agency fee arrangement as described herein is effective as of February 15, 1990, the

date of approval by the Board of Education.

ARTICLE 15

NEGOTIATION PROCEDURES

[Negotiated 1976]

15.1 Negotiations – General

No later than 100 calendar days prior to the expiration of this Agreement, the Association and the

Board shall exchange in writing all new proposals being offered for inclusion in the successor

Agreement. The Board then shall schedule a public meeting within twenty-one (21) calendar days

to present such proposals in accordance with the provisions of the Government Code Section

3547. Thereafter, the parties shall meet and negotiate regarding matters within the scope of

representation.

15.2 Outside Consultants

The negotiating sessions shall be private; however, either party may utilize the services of outside

consultants to assist in or be present at negotiations.

15.3 Representatives

The employer and the Association may be represented in negotiation sessions by authorized

officers, individual representatives, or committees.

15.4 Time and Place

Negotiating sessions will be held at times and places as mutually agreed upon by the parties.

15.5 Number of Representatives

The Association shall be allowed released time for up to five (5) of its members for the purpose of

meeting and negotiating, at agreed upon meetings, with District representatives on all matters

within the scope of representation pursuant to Government Code Section 3543.2.

Whenever representatives of the Association are mutually scheduled by the parties to participate

during working hours in negotiation sessions, they shall suffer no loss in compensation for such

time spent meeting and negotiating with District representatives.

15.6 Reports

Both parties shall furnish each other, upon reasonable written request, a copy of District

documents pertinent to the issues under negotiation, not otherwise privileged at law.

15.7 Tentative Agreements

Unless the parties agree to the contrary, when a tentative agreement has been reached on an item, it

shall be reduced to writing and initialed by both parties prior to adjournment of the session.

15.8 Final Approval

When a final agreement has been reached on all items, the parties shall have the total agreement

ratified by the employer and the membership of the Association.

ARTICLE 16

EFFECT OF AGREEMENT

[Negotiated 1976]

16.1 Complete Understanding

The terms and conditions set forth in this Agreement represent the full and complete

understanding between the parties hereto. The terms and conditions may be altered, changed,

added to, deleted from, or modified only through the voluntary, mutual consent of the parties in a

written amendment executed according to the provisions of this Agreement. This Agreement

terminates and supersedes those past practices, agreements, procedures, traditions, and rules or

regulations inconsistent with any matters covered herein. However, existing policies, rules,

regulations, practices, and procedures which are consistent with this Agreement are not modified.

The parties agree that during the negotiations which culminated in this Agreement, each party

enjoyed and exercised without restraint, coercion, intimidation, or other limitation, the right and

opportunity to make demands and proposals or counterproposals with respect to any matter not

reserved by policy or law from compromise through negotiations, and that the understandings and

agreements arrived at after the exercise of that right and opportunity are set forth herein.

16.2 Individual Contracts

Any individual contract between the Board and an individual member shall be subject to and

consistent with the terms and conditions of this Agreement. If an individual contract contains any

language inconsistent with this Agreement, this Agreement, during its duration, shall be

controlling.

16.3 Savings

Should any article, section, or clause of this Agreement be declared illegal by a court of competent

jurisdiction, said article, section, or clause, as the case may be, shall be automatically deleted from

this Agreement to the extent that it violated the law. The remaining unaffected articles, sections,

and clauses shall remain in full force and effect for the duration of this Agreement.

16.4 Miscellaneous

16.4.1 The Association agrees that it will not take any reprisal against any management employee

or Board member regarding the administration of this Agreement, or any grievance filed

hereunder.

16.4.2 There shall be two (2) signed copies of the final Agreement for record keeping purposes.

One shall be retained by the District and one by the Association.

16.4.3 The Board and the Association agree to share equally the costs of printing this Agreement.

16.4.4 A copy of this Agreement will be given to each employee. New employees will receive

the Agreement as part of their initial new employee processing package.

ARTICLE 17

NO STRIKE, NO LOCKOUT

[Negotiated 1976]

17.1 The Association and the Board agree that differences between the parties hereto shall be settled by

peaceful means as provided in this Agreement. During the term of this Agreement, the

Association, in consideration of the terms and conditions of this Agreement, will not engage in,

instigate, or condone any strike, work stoppage, or any concerted refusal to perform work duties as

required in this Agreement, and will undertake to exert its best efforts to discourage any such acts

by any employees in the bargaining unit. During the term of this Agreement, the Board, in

consideration of the terms and conditions of this Agreement, will not authorize or permit any

lockout of Association members or other persons covered by this Agreement.

ARTICLE 18

STATE PRE-SCHOOL PROGRAM

[Negotiated 2001]

The District shall provide for State Pre-School Program Teachers such rights and privileges related to the

certificated bargaining unit with the exceptions of salary, workday, vacation, optional leave, and as

otherwise excepted in this Agreement.

18.1 Compensation Guides

18.1.1 Salary Schedule

18.1.1.1 A salary schedule adopted by the Board shall be published and made available

to all State Pre-School Program certificated personnel.

18.1.1.2 To compute hourly rates of pay, a thirty-five (35) hour week is equivalent to

151.66 hours per month.

18.1.1.3 The salary schedule for the State Pre-School Program Teachers for the 2016-

2017 school year and every year thereafter shall be set forth in Appendix A-2.

18.1.2 Error in Compensation

18.1.2.1 Whenever it is determined that an error has been made in the calculation or

reporting of any State Pre-School Program certificated employee’s salary, the

District shall, within five (5) working days following such determination,

provide the employee with a statement of correction.

18.1.3 Initial Placement

18.1.3.1 The salary schedule shall be implemented as follows:

18.1.3.1.1 Initial placement – Initial placement on the salary schedule is

dependent upon four factors: (1) possession of a valid State Pre-

School Program Instructional Permit; (2) completion of a Bachelor’s

Degree; (3) the number of college or university semester units

completed after receipt of the Bachelor’s Degree; and (4) the number

of years of prior teaching experience. Their placement on this salary

schedule will conform to the following guidelines:

a) Vertical placement will be consistent with their current longevity

status.

b) Horizontal placement will be made pursuant to receipt of

verification of State Pre-School Program Instructional Permit,

verification of Bachelor’s Degree if applicable, and receipt of

official transcripts verifying post Bachelor’s Degree units if

applicable.

18.1.3.2 Training and experience – State Pre-School permit holders will be responsible

for furnishing the Human Resources Office sufficient evidence of training and

experience. Official transcripts from colleges and universities are required.

Upon initial employment, beginning June 1, 2001, the Board of Education will

allow up to a maximum of eleven (11) years, and increasing to fifteen (15) years

by 2005, of prior teaching experience for placement on the salary schedule. A

year of experience shall consist of continuous active service for 75% or more of

each fiscal year. Fractional parts of different school years may not be added for

the purpose of counting a year of experience in placement on the salary

schedule.

18.1.3.3 Vertical advancement – After initial employment, vertical advancement of the

salary schedule from one step to the next shall be allowed where the employee

has worked 75% of the number of working days required by the terms of his

annual contract of employment. Vertical advancement will be made at the hire

date anniversary.

18.1.3.4 Horizontal advancement – Horizontal advancement from column to column on

the salary schedule will be made at the beginning of each school year upon

verification by official college or university transcripts or by official grade

cards. Units of work are in the terms of semester units. A maximum of seven

(8) credits for short courses and other approved professional growth seminars

may be used in moving from one column to the next.

18.1.3.5 All post BA course work taken after initial employment, must have PRIOR

approval by the principal or immediate supervisor of the permit holder. In cases

when prior approval was not obtained by the employee, the principal or

immediate supervisor, at his option, may subsequently approve the course work.

October 1 is the deadline for receipt in the Human Resources Office of the

official transcripts of credit or official grade cards for salary schedule placement.

18.1.3.6 Scholarship – to encourage a high level of scholarship in the School District’s

professional staff, the following conditions will prevail:

18.1.3.6.1 College or university course work, to be credited for salary

advancement, must be at the level of “C” grade or above, on a

grading scale represented by A, B, C, D, and F. Grades D, F and

“Incomplete” are not acceptable.

18.1.3.6.2 When institutions grade on a “pass-fail” or “plus-minus”, those units

receiving “pass” or “plus” shall be considered as qualifying units

though not included in averaging procedures. “Fail” or “minus”

units will not be credited.

18.1.4 Extra Hours/Miscellaneous Compensation

18.1.4.1 State Pre-School Program teachers may request to work extra hours past their

regular workday on a temporary basis. Such extra hour assignments shall be

based upon mutual consent and shall require the approval of the Administrator

of the State Pre-School Program. Approved extra hour assignments shall be

paid at the teacher’s regular hourly rate of pay for any day or fraction of a day.

18.1.4.2 State Pre-School Program teachers working past 4:00 p.m. for the purpose of

waiting for a late parent shall receive their regular hourly rate of pay for any

hour or fraction of an hour past the regular workday.

18.1.4.3 Unit members who complete a professional growth seminar will be paid at the

rate of .000375 of Cell A-1 of regular teacher salary schedule, upon submitting

to the District proof of completion of such seminar. “Professional Growth

Seminar” shall mean a class, course, workshop, conference, or seminar which is

sponsored by the District after contract hours.

Unit members who elect to be paid for completion of a professional growth

seminar shall not, simultaneously, utilize such seminar for purposes of receiving

a career increment pursuant to Section 6.1.2.4.

18.2 Hours of Employment

18.2.1 Workday

18.2.1.1 Full-time State Pre-School Program teachers work a seven (7) hour workday,

exclusive of their regular 30-minute, duty-free lunch period, but including relief

periods.

18.2.1.2 State Pre-School Program teachers shall have one (1) hour of student-free time

per day to work on program needs, except on days of planned staff or teachers’

meetings.

18.2.2 Work Year

18.2.2.1 The State Pre-School Program work year calendar is the same as the Districts’

regular teacher work year calendar. (See Appendix C).

18.2.2.2 The work year shall consist of 181 teaching days, three (3) Staff Development

days and three (3) Teacher Duty days, for a total of 187 work days for all

members of the unit.

18.2.2.3 For all work days in excess of 187, unit members shall be paid a per diem rate,

using a divisor of 187.

18.3 Seniority

Seniority in the District shall be from the first day of paid service as a probationary State Pre-

School Program teacher.

18.4 State Pre-School Program Staffing

Teachers serving in less than seven (7) hour positions shall be covered by all conditions and terms

of employment provided other members of the bargaining unit.

18.5 Class Size

Class size will reflect the guidelines of both the State Child Care Center Manual of Policies and

Procedures, Section 18290 of Title 5 and the posted individual site facility license which is

calculated on room square footage per child.

Section 18290 of Title 5 states:

Preschool (36 months to enrollment in TK)

1:8 adult – child ratio

1:24 teacher – child ratio

ARTICLE 19

TEMPORARY AND PROBATIONARY TEACHER RIGHTS

[Negotiated 2014]

19.1 Employment Rights of Temporary Teachers to Vacancies Occurring During the School Year

19.1.1 A temporary certificated unit member who is offered employment as a probationary

employee, when a vacancy occurs for which, such teacher is qualified and certificated,

shall be offered such employment as soon as practicable pursuant to the provisions of

Article 5 of this Agreement.

19.1.2 A vacancy shall mean a position for which the employee is qualified to serve and which is

not filled by a permanent or probationary employee.

19.1.2.1 A vacancy shall not include a position which would have been filled by a

permanent or probationary employee, except for the fact that such an employee

is on leave.

19.1.3 The following criteria will be taken into consideration in determining whether or not

employment will be offered to temporary members: Credential(s), staffing needs of the

school, District staffing needs, experience, desire of the teacher, seniority and professional

preparation.

19.1.3.1 For purposes of this Article only, seniority as temporary certificated members

shall be determined by the aggregate length of service as a temporary employee

in the District.

19.2 Employment Rights of Temporary Teachers to Vacancies for the Ensuing School Year

19.2.1 A temporary unit member shall be afforded all rights under Education Code Section

44918, 44920, 44921 and 44954. Any offer of employment made pursuant to such

Sections shall be made as soon as practicable, but no later than twenty (20) days after a

vacancy is identified. Such offer shall be made pursuant to Article 5 of this Agreement.

19.2.2 A vacancy shall mean a position for which the employee is qualified to serve and which is

not filled by a permanent or probationary employee.

19.2.2.1 A vacancy shall not include a position which would have been filled by a

permanent or probationary employee, except for the fact that such an employee

is on leave.

19.2.3 The following criteria will be taken into consideration in determining whether or not

employment will be offered to temporary members: Credential(s), staffing needs of the

school, District staffing needs, experience, desire of the teacher, seniority and professional

preparation.

19.2.3.1 For purposes of this Article only, seniority as temporary certificated members

shall be determined by the aggregate length of service as a temporary employee

in the District.

19.2.4 The number of temporary certificated members shall not exceed the number of unit

members on leave except as permitted by Education Code Sections 44919 and 44921.

19.3 Probationary Teacher Dismissal

19.3.1 Probationary employees may be dismissed only for unsatisfactory performance determined

pursuant to Article 11 (commencing with Section 44660) of Chapter 3, of the Education

Code or for cause pursuant to Section 44932 of the Code. Any dismissal pursuant to these

codes shall be in accordance with all of the following procedures:

19.3.1.1 A thirty-day written notice of dismissal shall be provided no later than March 15

of the second probationary year.

19.3.1.2 The notice shall include a statement of the reasons for the dismissal and notice

of the opportunity to appeal.

19.3.1.3 In the event of a dismissal for unsatisfactory performance, a copy of the

evaluation conducted pursuant to Section 44664 shall accompany the written

notice.

19.3.1.4 The employee shall have fifteen (15) days from receipt of the notice of dismissal

to request a hearing. Such request shall be in writing and delivered to the

Superintendent’s office by 5:00 p.m. of the fifteenth day.

19.3.1.5 Upon receipt of such a written request for a hearing, the Superintendent shall

submit the matter to arbitration pursuant to the arbitration provisions of this

Agreement, and in accordance with Education Code Section 44948.3, meaning

that the arbitration decision is advisory to the Governing Board.

ARTICLE 20

INCLUSION

[Negotiated 2022]

20.1 All educators in the District are committed to providing all students in grades Preschool through

, including those with learning, social-emotional, and behavioral differences, with the same

quality education programs.

20.2 In recognition of the efforts made by general education teachers to meet the commitment set

forth in section 20.1 above, the District will provide support as follows:

20.2.1 Provide professional development opportunities designed to assist the general education

teacher in meeting the educational, social- emotional, and behavioral needs of a

mainstreamed student, including goals set forth in the Individualized Education Program

(IEP) and/or Behavior Support Plan.

20.2.2 Facilitate consultation opportunities among certificated personnel serving the same

student.

20.2.3 Ensure the availability of appropriate and sufficient curricular, behavioral, and social-

emotional support materials.

20.2.4 Upon the request of the unit member or principal, hold “support meetings" to discuss

other options for supporting the general education teacher.

20.3 Assignment of included students will be allotted equitably across unit members within grade

levels.

20.4 Included students as defined in this section shall be counted in class sizes in grades TK-5:

20.4.1 A student assigned to a special day class who is receiving instruction in a general

education classroom every day in at least two of the four core subject areas (social

studies, science, language arts, and math), one of which must be language arts or math.

As used in this section, “every day” means receiving the described instruction to the

same extent as is provided to general education students.

20.4.2 A student with identified academic, social-emotional, and/or behavioral differences who

is assigned to a general education class (i.e., not on an SDC teacher’s class roll).

ARTICLE 21

TEACHER ON SPECIAL ASSIGNMENT

[Negotiated 2022]

The Sunnyvale Education Association (SEA) and the Sunnyvale School District (District) strive to

provide the highest possible quality education to enhance excellence and the joy of teaching in a

collaborative culture of continual learning.

21.1 Purpose

A Teacher on Special Assignment (TOSA) is a teacher who has been released full time from

their regular classroom position on a temporary basis for the period of time described below. A

TOSA is a teacher who has been identified for excellence in their job responsibilities and who

performs a specific support role within a school or District community. The purpose of the

TOSA classification is to create an opportunity for the District to leverage the talents of its most

capable teachers for specific roles as defined below, without requiring these individuals to

permanently leave the classroom.

21.2 Beliefs and Values

21.2.1 The Sunnyvale School District BTSA Program is founded upon the following:

• Teaching is a craft requiring a lifetime of learning.

• Improved teaching increases student learning.

• Teachers are committed to improving the quality of instruction.

• Peer coaching increases teacher effectiveness.

• Programs are based on mutual respect and trust.

• Programs are focused on self-assessment.

• A successful program is a collaborative effort.

• Professional development, peer coaching and other forms of support are significant

components of an effective program.

• Integrity and honest interaction are at the core of the professional process.

21.3 Definition

Unit members with a minimum of five years of teaching experience may apply to be in a

position of support. These positions of support may be for student enhancement or staff

enhancement. These TOSA classifications may include, but are not limited to, site Instructional

Coach, Programmatic Coach, Induction Mentor, Direct Student Support, etc.

21.4 TOSA Classification and Length of Service

21.4.1 TOSA – Induction Mentor

Induction Mentors support new teachers (as defined by state guidelines) in successfully

completing the induction process to clear their credential.

21.4.1.1 Length of Service: An Induction Mentor shall be appointed and agree to accept

a three (3) year term, subject to funding and satisfactory performance on their

Alternative Formal Evaluation. After the first three (3) year term, the

incumbent may apply to serve one additional term of three (3) years.

21.4.2 TOSA – Programmatic Coach

Programmatic Coaches support the adoption and implementation of curricula and

programs through professional development, coaching, and other support services.

21.4.2.1 Length of Service: A Programmatic Coach shall be appointed and agree to accept

a three (3) year term, subject to funding and satisfactory performance on their

Alternative Formal Evaluation. After the first three (3) year term, the incumbent

may apply to serve one additional term of up to four (4) years in alignment with

District curricular needs and initiatives.

21.4.3 TOSA – Instructional Coach

Instructional Coaches support teachers and paraeducators in developing and reflecting

on their instructional practices to support student outcomes.

21.4.3.1 Length of Service: A Site Instructional Coach shall be appointed and agree

to accept a three (3) year term, subject to funding and satisfactory

performance on their Alternative Formal Evaluation. After the first three (3)

year term, the incumbent may apply to serve one additional term of three (3)

years.

21.4.4 TOSA – Direct Student Support

Direct Student Support TOSAs proved direct services to students.

21.4.4.1 Length of Service: Direct Student Support TOSAs shall be appointed and

agree to accept a three (3) year term, subject to funding and satisfactory

performance on their Alternative Formal Evaluation. After the first three (3)

year term, the incumbent may apply to serve one additional term of three (3)

years.

21.4.5 Extension of Maximum Length of Service: If a TOSA has completed the maximum

length of service as defined above, the following shall apply:

21.4.5.1 The TOSA position will be opened for applications from internal candidates.

21.4.5.2 If the District determines that new applicants are not qualified to meet the

District’s needs for the TOSA position, the incumbent TOSA may be

selected to fill the position for a one year term. This process can be repeated

if necessary.

21.4.5.3 TOSAs who have completed the maximum length of service as defined

above may not reapply for a TOSA position until having served at least one

year in a classroom teaching position.

21.4.5.4 Nothing in this Article shall be construed or implemented in a manner which

would prevent the District from meeting its legal obligations (e.g., providing

Induction Mentors).

21.5 Appointment to and Exit From TOSA Positions

21.5.1 Application and selection procedures for filling TOSA positions shall be according to Article

11, section 11.3 (Procedures for Employee-Initiated Transfer).

21.5.2 When a TOSA has completed the maximum length of service as defined above, the District

will attempt to return the unit member to a position similar to the one they held within the

District prior to assuming the TOSA position.

21.5.3 If multiple TOSAs with prior teaching experience in the District are returning to the classroom

at the same time, the criteria for making such assignments shall be as follows:

The employee’s credentials, staffing needs of the school, District staffing needs, experience,

desire of the teacher, seniority, and professional preparation. All other factors being equal,

seniority shall govern.

21.5.4 TOSAs who were hired externally will be assigned to a classroom teaching position according

to the established contractual procedures.

21.6 Other Provisions

21.6.1 TOSAs are not responsible for teacher evaluations.

21.6.2 Unit members who perform functions as TOSAs shall have the same protection from liability

and access to appropriate defense as other public school employees, pursuant to Division 3.6

(commencing with Section 810) of Title 1 of the California Government Code.

21.6.3 All records related to TOSA programs will be treated as confidential and will not be disclosed

except as required by law.

ARTICLE 22

SITE BASED DECISION MAKING

[Negotiated June 2003]

22.1 Site Based Decision Making

22.1.1 The District and the Association endorse the practice of Site Based Decision Making

(“SBDM”), as defined in this Article, as a means for promoting collaboration and

meaningful input by all interested stakeholders in decisions affecting their work

environment at the school site. The parties also acknowledge and agree that under this

collaborative model, the principal remains ultimately responsible and accountable for final

decisions.

22.1.2 The purpose of SBDM is to provide a framework for consultation between the parties. For

purposes of this Article, “consultation” means participation in identifying and analyzing

solutions to problems for the purpose of influencing decision-making.

22.1.3 The parties acknowledge that different issues and/or problems will dictate the use of

different levels of SBDM to be determined by the principal. These levels are:

a) Consultation is for the purpose of soliciting input to influence the Principal’s ultimate

decision; or

b) Consultation is for the purpose of soliciting input and to participate in shaping the final

decision with the Principal; or

c) Consultation does not occur, in which case the Principal should communicate the

decision to affected stakeholders.

22.1.4 The parties agree that each school site will develop and adapt its own form or system of

SBDM to best meet the needs of the site, including the manner in which the parties will

communicate which level of consultation applies to particular decisions (See Section

22.1.3)

22.1.5 Nothing herein shall negate or modify any other provisions of this agreement that set forth

a method or form of collaborative decision-making.

ARTICLE 23

RETIREMENT

[Negotiated 2007]

23.1 Early Retirement

The following Early Retirement provisions specifically apply only to unit members whose first

day of contracted paid service was prior to July 1, 2006.

23.1.1 Eligibility: To be eligible for Early Retirement Benefits, the employee must meet all the

requirements set forth in the following sections:

23.1.1.1 The employee must be at least sixty (60) years old at the date of retirement.

23.1.1.2 The employee must have served a minimum of fifteen (15) years of cumulative

service in the Sunnyvale School District in a position requiring certification.

23.1.1.2.1 A year of service is defined as working at least seventy five percent

(75%) of the number of days required by the employee’s contract of

employment.

23.1.2 Whether an eligible employee’s retirement benefits are fully or partially paid for by the

District will depend on the full-time or part-time service of the employee, and what level

of service was performed within the three (3) years immediately prior to the date of

retirement. Specifically:

23.1.2.1 Fully Paid Retiree Benefits: All of the following conditions must be met in

order for an otherwise eligible employee to receive the retiree benefits described

in Section 23.1.5 below, fully paid for by the District:

a) The employee must have rendered at least fifteen (15) years of cumulative

service as defined above.

b) Service during all of those fifteen (15) years must have been on a full-time

basis. Full-time service is defined as the full work year as provided in

Section 8.3 and for the full workday as provided in Section 8.1.1.

c) At least one (1) year of full-time service must have been within the three (3)

years immediately preceding the date of retirement.

If the employee meets conditions a) and b), but not c) above, they must return to

and render full-time service for the year immediately preceding the date of

retirement in order to receive full benefits. In this circumstance, this means that

the employee would have to render more than fifteen (15) years of cumulative

service in order to qualify for fully paid retiree benefits.

It is understood and agreed to by the parties that if the employee is on a job

share contract pursuant to Section 8.2, such full-time employment shall be

granted by the District if the employee notifies the District in a timely fashion.

It is understood and agreed to by the parties that if the employee is in a part-time

employment status which is not the result of a job share contract, the District has

no obligation to increase the percentage of such employment status.

23.1.2.2 Partially Paid Retiree Benefits: If any of the fifteen (15) years cumulative

service as defined above are less than full-time as defined above, the retiree

benefits provided pursuant to Section 23.1.5 below shall be paid on a percentage

that is equivalent to the employee’s smallest percentage contract during the

fifteen (15) year period.

For example, if an otherwise eligible employee worked eight (8) cumulative

years of a full-time basis, and seven (7) additional cumulative years on a half-

time basis, the District would pay fifty percent (50%) of the cost of the benefit

provided in Section 23.1.5 below. If an otherwise eligible employee worked

eight (8) cumulative years on a full-time basis, followed by four (4) cumulative

years a seventy-five percent (75%), followed by three (3) cumulative years at

fifty percent (50%), the District would pay fifty percent (50%) of the cost of the

benefits provided in Section 23.1.5 below. If the otherwise eligible employee

worked fourteen (14) cumulative years on a full-time basis and an additional

cumulative year at half-time, the District would pay fifty percent (50%) of the

cost of the benefits provided in Section 23.1.5 below.

23.1.3 The parties to this contract agree that the Early Retirement Scenarios A-E provided

herein accurately reflect the meaning of this Section 23.1 and all subdivisions.

23.1.4 The District will provide to an eligible employee, to age sixty-five (65), the benefits

provided under the health and dental care programs in which the employee was enrolled

in the year prior to retirement. “Programs” as used in this section refers to the type of

insurance program in which the employee was enrolled, i.e. HMO or the percentage of

premiums paid for by the District, since this matter is covered by Section 23.1.2.2 above.

If the District changes its health or dental insurance carrier, participants in the early

retirement plan will automatically be changed to the new carrier.

23.1.5 Retiree Benefits Provided: The District will provide to an eligible employee the benefits

set forth in Sections 23.1 through and including 23.1.4 above provided, however, that in

no case shall the District assume or pay for the full cost of retiree benefit coverage.

Instead, the District shall assume and pay for the cost of retiree benefit coverage (health,

dental, and vision as described in Section 23.1.4) at the same level it pays for current

employee benefit coverage, effective January 1, 2004. Specifically:

23.1.5.1 The District shall fully or partially (as set forth in 23.1.5 above) pay the cost of

the retiree’s dental care program.

23.1.5.2 The District shall fully or partially (as set forth in 23.1.5 above) pay the cost of

the retiree’s health (medical) care program for the employee only.

23.1.5.3 The District shall fully or partially (as set forth in 23.1.5 above) pay seventy

percent (70%) of the cost of the retiree’s health (medical) care program for the

employee’s dependents (i.e., one dependent or family coverage). The employee

shall contribute the remaining thirty percent (30%) of the cost of dependent

coverage through direct payment to the District in a manner and frequency to be

determined by the District.

23.1.5.4 For eligible employees who qualify for partially paid retiree benefits, the

District’s 70% contribution level shall be prorated by the same percentage that is

equivalent to the employee’s smallest percentage contract during the fifteen (15)

year period, as set forth in Section 23.1.5.3 above. For example: For an

otherwise eligible employee whose smallest percentage contract during the

fifteen (15) year period was half-time (.5 FTE or 50% employee), the District

would assume and pay for one-half the cost of the employee’s own health

premium and one-half of the 70% contribution for dependent coverage (equal to

35% of the cost of dependent coverage). The employee would contribute one-

half their employee health premium, and the remaining 65% of the premium for

dependent coverage.

23.2 Early Retirement [Negotiated 2006]

The following Early Retirement provisions, specifically apply only to unit members whose first

day of contracted paid service is on or after July 2006.

23.2.1 Eligibility: To be eligible for Early Retirement Benefits, the employee must meet all the

requirements set forth in the following sections:

23.2.1.1 The employee must be at least sixty (60) years old at the date of retirement.

23.2.1.2 The employee must have served a minimum of twenty (20) years of cumulative

service in the Sunnyvale School District in a position requiring certification.

23.2.1.2.1 A year of service is defined as working at least seventy five percent

(75%) of the number of days required by the employee's contract of

employment.

23.2.2 Whether an eligible employee's retirement benefits are fully or partially paid for by the

District will depend on the full-time or part-time service of the employee, and what level

of service was performed within the three (3) years immediately prior to the date of

retirement. Specifically:

23.2.2.1 Fully Paid Retiree Benefits: All of the following conditions must be met in order

for an otherwise eligible employee to receive the retiree benefits described in

Section 23.1.5 above, paid for by the District:

a) The employee must have rendered at least twenty (20) years of cumulative

service as defined above.

b) Service during all of those twenty (20) years must have been on a full-time

basis. Full-time service is defined as the full work year as provided in

Section 8.3 and for the full workday as provided in Section 8.1.1.

c) At least one (1) year of full-time service must have been within the three (3)

years immediately preceding the date of retirement.

If the employee meets conditions a) and b), but not c) above, they must return

to and render full-time service for the year immediately preceding the date of

retirement in order to receive full benefits. In this circumstance, this means that

the employee would have to render more than twenty (20) years of cumulative

service in order to qualify for fully paid retiree benefits.

It is understood and agreed to by the parties that if the employee is on a job

share contract pursuant to Section 8.2, such full-time employment shall be

granted by the District if the employee notifies the District in a timely fashion. It

is understood and agreed to by the parties that if the employee is in a part-time

employment status which is not the result of a job share contract, the District has

no obligation to increase the percentage of such employment status.

23.2.2.2 Partially Paid Retiree Benefits: If any of the twenty (20) years of cumulative

service as defined above are less than full-time as defined above, the retiree

benefits provided pursuant to Section 23.1.5 above shall be paid on a percentage

that is equivalent to the employee's smallest percentage contract during the

twenty (20) year period.

For example, if an otherwise eligible employee worked seventeen (17)

cumulative years of a full-time basis, and three (3) additional cumulative years

on a half-time basis, the District would pay fifty percent (50%) of the cost of the

benefit provided in Section 23.2.5 below. If an otherwise eligible employee

worked nine (9) cumulative years on a full-time basis, followed by seven (7)

cumulative years at seventy-five percent (75%), followed by four (4) cumulative

years at fifty percent (50%), the District would pay fifty percent (50%) of the

cost of the benefits provided in Section 23.1.5 above. If the otherwise eligible

employee worked nineteen (19) cumulative years on a full-time basis and an

additional cumulative year at half-time, the District would pay fifty percent

(50%) of the cost of the benefits provided in Section 23.2.5 below.

23.2.3 The parties to this contract agree that the Early Retirement Scenarios F-J provided herein

accurately reflect the meaning of this Section 23.2 and all subdivisions.

23.2.4 The District will provide to an eligible employee, to age sixty-five (65), the benefits

provided under the health and dental care programs in which the employee was enrolled

in the year prior to retirement. "Programs" as used in this section refers to the type of

insurance program in which the employee was enrolled, i.e. HMO or the percentage of

premiums paid for by the District, since this matter is covered by Section 23.2.2.2 above.

If the District changes its health or dental insurance carrier, participants in the early

retirement plan will automatically be changed to the new carrier.

23.2.5 Retiree Benefits Provided: The District shall fully or partially (as set forth in 23.2.2

above) provide to an eligible employee 100% of premiums for employee only, up to a

maximum annual contribution of $10,000 for all benefits (medical, dental, and vision).

23.2.6 The District and the Association are authorized to negotiate changes, including increases,

in the amount of employee contributions for retiree benefits. Such changes may be

prospective and/or retroactive (i.e. applicable to employees who have already retired),

according to the negotiated agreement between the parties.

23.2.7 Applications for participation in these early retirement programs must be made through

the Human Resources Office ninety (90) calendar days prior to the effective date of

retirement.

23.3 Retirees Maintenance of Fringe Benefits

Employees who retire may elect to retain membership in existing insurance plans at their own

expense. Group Life Insurance coverage shall continue to be available to unit members, at such

face value as may be determined by the life insurance company.

23.4 Part-Time Employment with Full Retirement Credit

The Board of Education may enter into an annual contract with the eligible instructional personnel

for less than a full-time teaching assignment. Certificated employees, at their own option, may

elect to reduce their workload from full-time to part-time and receive full credit toward retirement

under the following conditions:

23.4.1 Has been a continuous full-time employee in the Sunnyvale School District for at least

ten (10) years.

23.4.2 Will have reached the age of fifty-five (55) by September 1 of the school year during

which the agreement is in effect.

23.4.3 Application for the less than full-time teaching assignment must be made to the Human

Resources Office on or before February 15 to be effective during the ensuing school year.

23.4.4 Must submit a proposal for the less than full-time assignment to the Human Resources

Administrator listing the proposed work schedule, assignment duties, and the advantages

to the instructional program.

23.4.5 The minimum part-time employment shall be equal to one-half of the daily assignment or

one semester of the year in which the leave is effective.

23.4.6 Employee may not participate after age sixty-five (65). An employee reaching age sixty-

five (65) during the school year may continue through the year.

23.4.7 The STRS member and the employing district must submit retirement contributions

based on the amount employee would have earned working on a full-time basis.

23.4.8 The part-time status must be based on the calendar in effect during the school year in

which the less than full-time teaching assignment occurs. If the assignment is for part-

time during the entire school year, salary payments shall be on a monthly basis for ten

(10) months. When the assignment is for one full-time semester’s work, payment of

salary shall be made on a regular monthly basis for the semester. The employee must sign

an authorization for double retirement deductions.

23.4.9 Assignment of part-time employees shall be made by the District.

23.4.10 Acceptance of employees into the Part-Time Employment with Full Retirement Credit

Plan shall be at the discretion of the Board of Education.

23.4.11 Contracts executed for the less than full-time teaching plan shall be for one (1) year.

23.4.12 The employee participating in the program shall be limited to five (5) years or to age

sixty-five (65), whichever comes first. A contract to participate in the program may be

revoked during its term upon the mutual agreement of the District and the employee.

23.4.13 Personnel accepted into the less than full-time teaching program shall apply to the

District Human Resources Office by February 15 for continuation in the program for the

ensuing school year.

23.4.14 The Board of Education will review the less than full-time teaching plan within a two (2)

year period

EARLY RETIREMENT SCENARIOS BEGINNING WITH 1ST YEAR OF

SERVICE AND ENDING WITH THE LAST YEAR OF SERVICE

(Refers to Early Retirement Sections 23.3 through 23.3.5.4 –

Bargaining Unit Members whose First Day of Contracted Paid Services was Prior to July 1, 2006)

Scenario A

Full Time

Unpaid Leave

Full Time

12 years

1 year

3 years

(Consecutive or Cumulative)

(Immediately preceding retirement)

Total Cumulative Service: 15 years

Total Cumulative Full Time Service: 15 years

Teacher “A” would qualify for 100% paid benefits in early retirement benefits because 1) they have fifteen

(15) years of cumulative service, 2) they have fifteen (15) years of cumulative full time service, and 3)

they have full time service within the three (3) years immediately preceding retirement.

Scenario B

Full Time

6 years

(Consecutive or Cumulative)

Job Share

11 year (50%)

(Consecutive or Cumulative)

Full Time

9 years

(Consecutive or Cumulative with at least

one (1) of which is within three (3) years immediately preceding retirement.)

Total Cumulative Service: 26 years

Total Cumulative Full Time Service: 15 years

Teacher “B” would qualify for 100% paid benefits in early retirement benefits because 1) they have more

than fifteen (15) years of cumulative service, 2) they have fifteen (15) years of cumulative full time

service, and 3) they have full time service within the three (3) years immediately preceding retirement.

Scenario C

Full Time

17 years

(Consecutive or Cumulative)

Job Share

5 years (50%)

(Immediately prior to retirement)

Total Cumulative Service: 22 years

Total Cumulative Full Time Service: 17 years

Teacher “C” would have to work one (1) year at full-time service within three (3) years immediately prior

to his retirement in order to qualify for 100% paid benefits. Right now, teacher “C” would qualify for

50% paid benefits since they have at least 15 years of 50% cumulative service.

Scenario D

Full Time

3 years

(Consecutive or Cumulative)

Job Share

20 years (50%)

(Consecutive or Cumulative)

Total Cumulative Service: 23 years

Total Cumulative Full Time Service: 3 years

Teacher “D” would qualify for 50% paid benefits because they have at least fifteen (15) cumulative

years of 50% service, but they do not have fifteen (15) years of (consecutive or cumulative) full time

service. (Nor do they have full time service in the three (3) years immediately preceding retirement.)

Scenario E

Full Time

15 years or more

(Consecutive or Cumulative)

Job Share

2 years (50%)

(Consecutive or Cumulative)

Total Cumulative Service: 17 years or more

Total Cumulative Full Time Service: 15 years or more

Teacher “E” would qualify for 100% paid benefits in early retirement benefits because 1) they have fifteen

(15) or more years of cumulative service, 2) they have at least fifteen (15) years of cumulative full

time service, and 3) they have full time service within the three (3) years immediately preceding

retirement.

EARLY RETIREMENT SCENARIOS BEGINNING WITH 1ST YEAR

OF SERVICE AND ENDING WITH THE LAST YEAR OF SERVICE

(Refers to Early Retirement Sections 23.4 through 23.4.5 –

Bargaining Unit Members whose First Day of Contracted Paid Services was

On or After July 1, 2006)

Scenario F

Full Time

Unpaid Leave

Full Time

17 years

1 year

3 years

(Consecutive or Cumulative)

(Immediately preceding retirement)

Total Cumulative Service: 20 years

Total Cumulative Full Time Service: 20 years

Teacher “F” would qualify for 100% paid benefits (up to $10,000) in early retirement benefits because 1)

they have twenty (20) years of cumulative service, 2) they have twenty (20) years of cumulative full time

service, and 3) they have full time service within the three (3) years immediately preceding retirement.

Scenario G

Full Time

11 years

(Consecutive or Cumulative)

Job Share

11 year (50%)

(Consecutive or Cumulative)

Full Time

9 years

(Consecutive or Cumulative with at least

one (1) of which is within three (3) years

immediately preceding retirement.)

Total Cumulative Service: 31 years

Total Cumulative Full Time Service: 20 years

Teacher “G” would qualify for 100% paid benefits (up to $10,000) in early retirement benefits because 1)

they have more than twenty (20) years of cumulative service, 2) they have twenty (20) years of

cumulative full time service, and 3) they have full time service within the three (3) years immediately

preceding retirement.

Scenario H

Full Time

20 years

(Consecutive or Cumulative)

Job Share

5 years (50%)

(Immediately prior to retirement)

Total Cumulative Service: 25 years

Total Cumulative Full Time Service: 20 years

Teacher “H” would have to work one (1) year at full-time service within three (3) years immediately prior

to his retirement in order to qualify for 100% paid benefits (up to $10,000). Right now, teacher “H”

would qualify for 50% paid benefits (i.e., up to $5,000) since they have at least 20 years of 50%

cumulative service.

Scenario I

Full Time

5 years

(Consecutive or Cumulative)

Job Share

20 years (50%)

(Consecutive or Cumulative)

Total Cumulative Service: 25 years

Total Cumulative Full Time Service: 5 years

Teacher “I” would qualify for 50% paid benefits (i.e., up to $5,000) because they have at least twenty

(20) cumulative years of 50% service, but they do not have twenty (20) years of (consecutive or

cumulative) full time service. (Nor do they have full time service in the three (3) years immediately

preceding retirement.)

Scenario J

Full Time

20 years or more

(Consecutive or Cumulative)

Job Share

2 years (50%)

(Consecutive or Cumulative)

Total Cumulative Service: 22 years or more

Total Cumulative Full Time Service: 20 years or more

Teacher “J” would qualify for 100% paid benefits (up to $10,000) in early retirement benefits because 1)

they have twenty (20) or more years of cumulative service, 2) they have at least twenty (20) years of

cumulative full time service, and 3) they have full time service within the three (3) years immediately

preceding retirement.

ARTICLE 24

DISCIPLINE

[Negotiated 2009]

24.1 Just Cause/Due Process

24.1.1 The District may discipline a unit member only for just cause. Discipline shall conform to

the principles and procedures of progressive discipline.

24.1.2 This Article is intended, for the purpose of suspension, to replace the provisions of

Education Code Section 44944, but shall not apply to suspensions pursuant to Education

Code Sections 44939, 44940 or 44942. Discipline under this Article shall not include

dismissal or suspensions for more than fifteen (15) working days.

24.2 Progressive Discipline

The principles and procedures of progressive discipline will be applied except where the serious

nature of the offense requires bypassing progressive steps. Whether the serious nature of the

offense required bypassing progressive discipline steps may be submitted to the grievance

procedure under Article 7 as described herein. If the recommended disciplinary action is

suspension, then section 24.3.5 shall apply (appeal directly to arbitration). Progressive Discipline

steps will include the following:

24.2.1 Verbal Warning: This is a conversation between the administrator and unit member

separate from ongoing work place dialogue, where the nature of the conversation would be

understood by a reasonable person to be a warning to the unit member. The administrator

may, but is not required to, inform the unit member prior to or during this conversation that

a verbal warning is being given.

24.2.2 Written Warning

24.2.2.1 The administrator shall deliver the written warning personally to the unit

member. The unit member will sign the written warning to acknowledge

receipt; however this shall not constitute any admission of or agreement to the

matters set forth in the written warning. The unit member shall be afforded the

opportunity to review and discuss the written warning with the issuing

administrator at the time of delivery or with seven (7) workdays thereafter.

Thereafter, the administrator shall decide with five (5) workdays,

Whether to finalize the written warning and whether to copy of the finalized

document will be placed in the unit member’s school file. This decision shall be

communicated to the unit member within the same five workday time frame.

The unit member may file a written rebuttal for attachment to the finalized

written warning within ten (10) workdays of receipt of the finalized written

warning or the conference with the administrator, whichever is later.

24.2.2.2 If it has been decided that the written warning will be finalized, and the verbal

warning step has been bypassed, a unit member may request a conference with

the Human Resources Administrator’s decision unless the timeline is unable to

be met by the Human Resources Administrator. The Human Resources

Administrator’s decision regarding deposition of the written warning shall be

made within five (5) days of the conference and shall be final.

24.2.3 Written Reprimand

24.2.3.1 The administrator shall deliver the written reprimand personally to the unit

member. The unit member will sign the written reprimand to acknowledge

receipt; however, this shall not constitute any admission of or agreement to the

matters set forth in the written reprimand. The unit member shall be afforded

the opportunity to review and discuss the written reprimand with the issuing

administrator at the time of delivery or within seven (7) workdays thereafter.

Thereafter, the administrator shall decide within five (5) workdays whether to

finalize the written reprimand. A copy of the finalized document shall be placed

in the unit member’s personnel file (subject to section 24.2.3.2). This decision

shall be communicated to the unit member within the same five (5) workday

time frame. The unit member may file a written rebuttal for attachment to the

finalized written reprimand if done within ten (10) workdays of receipt of the

finalized written reprimand or the conference with the administrator, whichever

is later. This timeline shall be extended to be ten (10) workdays after the Human

Resources Administrator’s decision if section 24.2.3.2 is revoked.

24.2.3.2 If it has been decided that the written reprimand will be issued, a unit member

may request a conference with the Human Resources Administrator. This

conference shall take place within seven (7) workdays of the issuing

administrator’s decision, unless the timeline is unable to be met by the Human

Resources Administrator. The Human Resources Administrator’s decision

regarding disposition of the written reprimand shall be made with five (5) days

of the conference and shall be final, unless 1) the written reprimand was the first

disciplinary step and 2) the unit member chooses to challenge the bypassing of

the progressive disciplines steps as specified above. In such case, the unit

member may file, within seven (7) workdays of the Human Resources

Administrator’s decision, an appeal directly to the Superintendent, which shall

be considered a Level II grievance under Article 7, section 7.3.2.

24.2.4 Suspension

24.2.4.1 In all instances the length of a suspension shall not exceed fifteen (15)

workdays.

24.2.4.2 Notice of suspension will be made in writing and served in person upon the unit

member by the Superintendent or designee. A copy will be concurrently

provided to the union President; however, inadvertent failure to comply with this

requirement shall not constitute reason to affect ultimate disciplinary action, if

any.

24.3 Notice of Suspension

The notice shall contain:

24.3.1 A statement of the specific act(s), infraction(s) or omission(s) upon which the action is

based;

24.3.2 Where applicable, the Education Code section, policy, rule, regulation, or directive

violated;

24.3.3 The penalty proposed and effective date;

24.3.4 Copies of the documentary evidence upon which the recommendation is based; and

24.3.5 A statement of the unit member’s right to challenge the proposed suspension by requesting

a hearing within fifteen (15) workdays from the date the notice is served, pursuant to

arbitration procedures of Article 7, Grievance Procedure, of this Agreement subject to

section 24.4.1 below.

24.4 Arbitration

24.4.1 Verbal warnings, written warnings and written reprimands may not be submitted to

arbitration other than within the context of a suspension hearing or regarding whether the

serious nature of the offense required bypassing progressive discipline steps directly to a

written reprimand as described herein. Suspensions may be appealed directly to final and

binding arbitration under the grievance procedure in Article 7, Grievance Procedure, of

the Agreement commencing with section 7.3.3. The suspension will not be imposed until

the arbitrator’s decision is rendered, except for just cause necessitating the immediate

removal of the unit member from the worksite, in which case the unit member shall be

placed on administrative leave with pay pending the outcome of the arbitration.

24.4.2 A unit member who has received a Notice of Suspension may request a conference with

the Superintendent, or his designee, prior to the suspension hearing, with the intent of

seeking resolution other than suspension. The conference shall take place within ten (10)

workdays of the unit member’s request.

24.5 Confidentiality

All information or proceedings regarding any actions or proposed actions pursuant to this Article

will be kept confidential by the parties to the extent permitted by law.

24.6 Education Code

24.6.1 This Article shall not reduce the rights of permanent bargaining unit members contained in

Education Code Section 44932 (Grounds for dismissal of permanent employees) and

Section 44944 (Conduct of hearing; decision; expenses and costs).

24.6.2 Nothing in this Article precludes or in any manner affects or reduces the District’s right to

initiate and pursue dismissal proceedings under the Education Code.

Written Warning Timeline

↓

!" #

↓

Written Reprimand Timeline

↓

!" #

↓

ARTICLE 25

DURATION AND RE-OPENERS

[Negotiated 2022]

25.1 Duration

This Agreement shall be effective when ratified by the parties and shall continue in

full force and effect until June 30, 2025.

25.2 Subsequent Contract Negotiations

25.2.1 Both parties expressly and knowingly waive their right to reopen

negotiations for the term of this Agreement and will commence negotiations

for a successor Agreement in the spring of 2025.

25.2.2 The parties will continue to utilize the collaborative process for problem-

solving during the term of the Agreement.

In Witness whereof, the Sunnyvale Education Association has caused this Agreement to be

signed by its President and bargaining committee members and the Sunnyvale School

District Board of Education has caused this Agreement to be signed by its bargaining team.

Tentative Agreement Between

Sunnyvale School District and

Sunnyvale Education Association

For the 2022-2023 through 2024-2025 School Years

The provisions of the 2018-2021 negotiated Agreement between the Association and the District shall

remain in full force and effect except as specifically provided below in this Tentative Agreement. The

individual tentative agreements listed below have been signed and executed on the date set forth in each

document and are attached hereto and incorporated into this Tentative Agreement by reference.

Article I – Recognition

Article VI – Professional Compensation

• Section 6.1 – Salary

• Section 6.7 – Bilingual, Cross-Cultural, Language and Academic Development (BCLAD)

Stipend for Dual-Language Immersion Program Teachers

Article IX – Class Size

• Section 9.1.3 Inclusion

• Section 9.1.4 Class Size Adjustment Procedure (Grades 4-5)

• Section 9.1.5 – 9.1.7 (References non-existent subcommittee)

• Section 9.2 – Combination Classes

Article X – Leaves

• Section 10.7 Pregnancy Disability and Child Bonding Leaves

Article XI – Transfer

• Section 11.3 Procedures for Employee -Initiated Transfer

Article XII – Certificated Employee Evaluation

• Section 12.2.2 – Extended Evaluation Off Cycle

• Section 12.2.4 – Alternative Evaluation

• Section 12.2.5 – 1

Year Permanent Teacher Off Cycle

• Appendix D-2 – Off-Cycle Goals Reflection Form

• Appendix D-5 – Alternative Evaluation Form

• Appendix D-6 – Alternative Option Signature Page

• Appendix D-7 – Self-Reflection Summary

• Appendix D-8 – Traditional Formal Certificated Instructional Evaluation Summary

• Appendix D-9 – Extended Evaluation Off Cycle Agreement

Article XX – Inclusion

Article XXI – Teacher on Special Assignment (TOSA)

• Section 21.1 – Purpose

• Section 21.3 – Definition

• Section 21.4 – TOSA Classifications and Length of Service

• Section 21.6 – Other Provisions

Article XXV – Duration and Reopeners

• Section 25.1 – Duration

• Section 25.2 – Subsequent Contract Negotiations

Appendix C – Included 2022-2023 School Year Calendar

Appendix H – Updated Education Code Sections 48900 and 48910

Appendix J-2 – Catastrophic Leave Donor Form Corrected

Appendix M – Suspension of PAR Program [Suspended 2012]

For SEA:

APPENDIX A-1

SUNNYVALE SCHOOL DISTRICT SALARY SCHEDULE

TEACHERS WITH VALID CALIFORNIA CREDENTIAL (187 Days)

2022-2023

A B C D

STEPS REG. CRED. REG. CRED. REG. CRED. REG. CRED.

B.A. THRU B.A. PLUS B.A. PLUS B.A. PLUS

44 SEM. HRS. 45 SEM HRS. 60 SEM. HRS. 75 SEM. HRS.

1 74,245 74,246 77,037 81,813

2 74,246 75,649 80,428 85,204

3 74,262 79,040 83,818 88,595

4 77,653 82,431 87,209 91,986

5 81,044 85,821 90,600 95,377

6 84,435 89,212 93,991 98,767

7 87,826 92,603 97,382 102,158

8 91,216 95,994 100,773 105,549

9 94,607 99,385 104,163 108,940

10 97,998 102,776 107,554 112,331

11 101,389 106,166 110,945 115,722

12 109,557 114,336 119,112

15 117,727 122,503

18 121,118 125,894

21 124,508 129,285

24 127,899 132,676

27 131,290 136,067

30 134,681 139,457

*M.A. 2,846 MAXIMUM HORIZONTAL INCREMENT 4,776

*DOCTORATE 5,659

NBCERT/CCC/

LCSW

4,306 MAXIMUM VERTICAL INCREMENT 3,391

CE SEV 3,391

**BCLAD 1,423

Special Education Attract and Retain Salary Schedule Placement: effective with

the 2018-2019 school year, Special Education Teachers shall receive one (1)

additional year of credit for placement on the schedule. Special Education

Teachers on Column C, step 30 or Column D, Step 30 shall receive an ongoing,

annual stipend equal to the increment amount

*Note: Employees are eligible for only one stipend for an advanced degree

regardless of the number of degrees earned.

**Note: Employees possessing a BCLAD certificate and providing instruction

or services in a District Two-Way Language Immersion Program are eligible.

Percentage Increase 107.0%

APPENDIX A-2

APPENDIX A-3

APPENDIX A-4

100

APPENDIX A-5

101

APPENDIX A-6

102

APPENDIX A-7

SUNNYVALE SCHOOL DISTRICT

SEA NEGOTIATED CERTIFICATED ADJUNCT DUTY STIPEND CHART

For Work Outside of the Teacher Workday

2022-23

Site Codes will vary

Task / Project LEVEL Site or District___Payment Schedule

ELEMENTARY and MIDDLE SCHOOL

Perm. Mem. of School Site Council (3-4 only) 1 District End of Year

PTO/PTA Representative (1 only) 1 District End of Year

PBIS / District Climate and Culture Lead (up to 2 per school) 2 District End of Year

School Performance/Event Coordinator 1 Site End of Year

Perm. Member SST/MTSS (no more than 4 per school 2 District End of Year

or equivalent)

MTSS Co-Coordinator / SST Lead (up to 2 per school) 3 District End of Year

Program of Choice Leadership Team (up to 6) 1.5 Site End of Year

Note: if a site position is 2+, work to represent a range of grade levels

ELEMENTARY ONLY

Science Camp

(If fewer than 4 nights, prorated) 1.5 District End of Service

School Newspaper 1 Site End of Year

Grade Level / PLC Lead 2 Site End of Year

Yearbook 1 Site End of Year

Student Council Advisor 2 Site End of Year

MIDDLE SCHOOL ONLY

Sound or Lighting Coordinator (SMS) 1 Site End of Service

Grade Level Lead 2 Site End of Year

Dept. Lead / PLC Lead 2 Site End of Year

Music Performances 2 Site End of Service

Drama Performances 2 Site End of Service

Chemical Safety Review 1 District End of Year

WEB Orientation Support - (2 per site) 2 Site Semi-Annually

Student Council Advisor 3 Site End of Year

WEB Orientation Lead - (1 per site) 6 Site Semi-Annually

Athletic Director 7 Site Semi-Annually

District Sister City Liaison 3 District Annually

District AVID Coordinator 2 District Annually

Preschool Only

Preschool Site Supervisor 2 District End of Year

District Office

Safe Routes to School Coordinator 3 District End of Year

Instructional Coach 7 District Semi-Annually

Induction Mentor 7 District Semi Annually

Speech Language Pathologist Lead 7 District Semi Annually

Social Worker Lead 7 District Semi Annually

103

SUNNYVALE SCHOOL DISTRICT

CURRICULUM RELATED COMMITTEES

The following is a list of committees that are currently active. However, a situation may arise that a committee will need

to be formed. A determination will be made by the Human Resources administrator and one representative of the

negotiating team as to the level of stipend the committee will be assigned. Factors for consideration will include: number

of meetings held and level of responsibility of the attending members. For example:

Level 1

Attend meetings, provide input and report out to sites

Level 2

Attend meetings, provide input, perform tasks and facilitate communication and collaboration at the site level

Level 3

Coordinate a committee or program (component including meeting facilitation).

Meeting attendance is an expectation of all leadership teams and committees in order to receive the stipend,

however extenuating circumstances will be considered.

COMMITTEES ____LEVEL________________RESPONSIBILITY_____Payment Schedule

Health and Wellness Leadership Team 2 District End of Service

ELAT in schools 2 District End of Service

STEM Committee 2 District End of Service

Yearlong Curriculum Pilot 1 District End of Service

Committee Facilitator 3 District End of Service

Middle School ELA Leadership Team 2 District End of Service

District Grade Level Leadership Team 2 District End of Service

Department Chair - Leadership Team 2 District End of Service

The stipend level is calculated by multiplying the base salary (defined as Step A-1 per section 6.3.5 of the

Agreement between the Sunnyvale School District and the Sunnyvale Education Association) by the

corresponding Level percentages. For example, if base salary Step A-1 is $69,388 hence:

Level .5 $371 Level 4 $2,970

Level 1 $743 Level 5 $3,712

Level 1.5 $1,114 Level 6 $4,454

Level 2 $1,485 Level 7 $5,197

Level 3 $2,228

HOURLY RATE

The hourly rate for the 2022-23 school year is $66.82. The hourly rate will be paid for services performed with

prior approval by the principal. Listed below are some examples of activities that may qualify for the hourly

rate. Site codes will vary in these cases. However, it is an 1190 account.

• Before and After School Tutoring

• Science Fair Coordinator

• Family Life presenter

• Ad Hoc Committee Meeting Facilitator

Note: Rate of pay for workshop or ad hoc committee attendance is $27.84.

Attendance at district sponsored workshops and seminars follow the provisions of the SEA contract.

Revised 8/23/2022

104

FRINGE BENEFITS APPENDIX B(a)

The Board of Education shall provide the following plans of employee benefits for members of the unit:

A. Term Life Insurance

Trustmark Insurance Company. Fifty thousand dollars ($50,000) with the employer paying one

hundred percent (100%) of the premium for members of the unit employed full time. This will

be prorated for unit members working less than full time.

B. Dental Insurance

1. Effective July 1, 2017, the Delta Dental “premium” (Group #7102-00101), “high” (Group

#7102-00103), and “low” (Group #7102-00105) plans offered by the SCCISG.

2. Pursuant to section 6.2.2.1 of the Agreement, the District shall assume and pay 100% of the

premium cost of the “high” (Group #7102-00103) dental plan for the employee only for

members of the unit employed full-time. This will be prorated for unit members working less

than full time and there will be no employer contribution for dependents.

3. The cap on dental benefits shall be the annual dollar amount for the cost of premiums for

coverage as set forth in section (B)(2) of this Appendix through the 2018-2019 school year,

plus the District contribution set forth in section (B)(4) of this Appendix, if applicable.

4. Effective July 1, 2017, the District will contribute an additional $25.00 per month toward the

premium of employees choosing to cover “families” (employee plus two or more

dependents) in the “high” (Group #7102-00103) and “premium” (Group #7102-00101) plans.

5. Employees will continue to have the option to cover dependents at their own cost, and the

option to choose the “low” (Group #7102-00105) or “premium” (Group #7102-00101) plans.

6. Employees choosing the “premium” (Group #7102-00101) plan will pay the cost difference

between the employee only “high” (Group #7102-00103) plan and their selected plan

(employee, employee plus one, or family).

Employees choosing the “low” (Group #7102-00105) plan will pay the cost difference between

the employee only “high” (Group #7102-00103) plan and their selected plan (employee plus one,

or family). [Negotiated 2018]

C. Health Insurance

1. Anthem Blue Cross, Group #175208H218 or Group #175208H227. The employer will

pay one hundred percent (100%) of the premium for members of the unit employed full

time. The District will pay seventy percent (70%) of premiums for dependents. This will

be prorated for unit members working less than full time.

Kaiser Foundation Health Plan, Group #38160-0015. The employer will pay one

hundred percent (100%) of the premium for the member of the unit employed full time.

Prescription service is included. The District will pay seventy percent (70%) of

premiums for dependents. This will be prorated for unit members working less than full

time.

2. Vision Service Plan (VSP). The employer will pay ninety-two percent (92%) of the

premium for the member of the unit employed full time and his dependents. The member

of the unit will pay eight percent (8%) of the premium. This will be prorated for unit

members working less than full time.

105

D. Section 125 Flexible Fringe Benefit Plan

APPENDIX B(b)

The IRS Section 125 Flexible Fringe Benefit Plan is available as a voluntary benefit option by

means of a salary reduction agreement between the employee and the Sunnyvale School District.

[Negotiated 1999]

106

APPENDIX C

Intent: This form guides the conversation between the teacher and evaluator focusing on the teacher’s continuous improvement.

Temp

Prob 1

Prob 2

APPENDIX D-1

Perm

Individual Professional Goals

Based on California Standards for the Teaching Profession

Traditional

Alternative

Off Cycle

Name: Principal: _ School: _ Date: _

Adapted from Santa Cruz/Silicon Valley New Teacher Project BTSA May 5, 2011

CSTP 1: Engaging and Supporting All

Students in Learning

Supporting Goal:

Plan/Action Steps:

Evidence:

CSTP 2: Creating and Maintaining Effective

Environments for Student Learning

Supporting Goal:

Plan/Action Steps:

Evidence:

CSTP 3: Understanding and Organizing Subject

Matter for Student Learning

Supporting Goal:

Plan/Action Steps:

Evidence:

CSTP 4: Planning Instruction and Designing

Learning Experiences for All Students

Supporting Goal:

CSTP 5: Assessing Students for Learning

Supporting Goal:

CSTP 6: Developing as a Professional Educator

Supporting Goal:

Plan/Action Steps:

Evidence:

Content Area Focus:

Overarching Professional Goal:

Impact on Student Learning:

The teacher and the evaluator will agree on two of the six standards

(below) for focus. All teachers complete two of the boxes below annually.

Teachers participating in BTSA: While developing your Individual Learning Plan,

think about how you can integrate these goals with your induction work.

107

108

APPENDIX D-2

Sunnyvale School District

Off-Cycle Goals Reflection Form

Employee Name: Date:

1. What were your goals for this school year?

2. Briefly describe actions taken towards this goal.

3. How did your goals/actions impact student learning?

4. What might your next steps be towards this goal?

Signatures:

Employee Name: Date:

Supervisor Name: Date:

109

APPENDIX D-3

Intent: This form guides the conversation between the teacher and evaluator prior to a formal observation.

FORMATIVE ASSESSMENT TOOL

Pre-Observation Conference Guide

Name: Date of Pre-Conference:

Assignment:

Status: Temporary Intern Probationary 1 Probationary 2 Permanent

Focus of the Observation will be on Standard(s)

1. Tell me about this lesson and its context. What has led up to this lesson? How is it building on previous

lessons? How does it meet students’ needs? Where does it fit in the curriculum? Which content standard(s)

does this meet?

2. What do you want the students to learn through this lesson? How will you know they are successful? How will

your students know your expectations?

3. How will the instructional strategies and resources you are using during the lesson promote student learning?

How will you scaffold or differentiate instruction or expectations for special needs students?

4. What specifically do you want me, as the evaluator, to observe?

5. What evidence would you hope I would see?

Observation Date: Post Conference Date:

Evaluator: Date: Evaluatee Date:

Adapted from Santa Cruz/Silicon Valley New Teacher Project BTSA May 5, 2011

110

APPENDIX D-4

Intent: This form provides specific, meaningful feedback to the teacher re: an observed lesson and overall performance

following a formal observation

FORMATIVE ASSESSMENT TOOL

Post-Observation Feedback Form

Name: Evaluator:

Grade Level / Subject Area: Date:

Lesson Topic: Content Standard:

Observation Focus:

A. What students are learning and the context of the lesson

o Evidence of understanding and organizing subject matter for student learning.

o Evidence of planning instruction and designing learning experiences for all students.

B. Learning activities and classroom environment

o Evidence of creating and maintaining effective environments for student learning.

o Evidence of engaging and supporting all students in learning

C. Student outcomes

o Evidence of assessing students for learning

Other Evaluator Comments Regarding this Lesson

D. Strengths and commendations

E. Areas for focus, growth, and reflection

Other Comments regarding the teacher’s overall performance this year

F. Strengths and commendations

G. Areas for focus, growth, and reflection

The following rating is a benchmark assessment of the teacher’s overall performance this year.

□ Unsatisfactory □ Needs Improvement □ Approaching Proficient □ Proficient

Observation Date: Post Conference Date:

Evaluator: Date: Evaluatee: Date:

Note: Evaluatee has the option to write a response that will be attached to this form.

Adapted from Santa Cruz/Silicon Valley New Teacher Project BTSA May 5, 2011

111

Intent: For those teachers on “alternative formal,” this form describes the project.

APPENDIX D-5

Sunnyvale School District

Alternative Evaluation Plan

Goal Form

Name: _______________________________ Date: ___________

(Employee)

I. Goal-Setting (please check the Teacher Performance Standard(s) your project/practice will focus on)

1. _____ Engaging and Supporting All Students in Learning

2. _____ Creating and Maintaining Effective Environments For Student Learning

3. _____ Understanding and Organizing Subject Matter For Student Learning

4. _____ Planning Instruction and Designing Learning Experiences For All

Students

5. _____ Assessing Students for Learning

6. _____ Developing as A Professional Educator

II. Alternative Evaluation Option (please check one)

A. _____ Individual growth activity

B. _____ Educational team growth activity

C. _____ Education research

III. Briefly describe your project or practice.

IV: Describe how your project or practice will positively impact student learning.

V: What evidence will you collect to determine if your project or practice is successful?

VI. Timeline: Please indicate key steps in your project or practice along with goal dates for completion of these

steps. All projects/practices are evaluated no later than 30 days before the last school (student instructional) day

scheduled on the school calendar.

Date: (Step 1)

Date: (Step 2)

Date: (Step 3)

Date Project completion and Self Reflection due 30 days prior to the last school (student

instructional) day:

112

VII: Progress review meetings, tentatively scheduled between November 1st and April 1st (minimum of 2 required).

Date: ________________

VIII. (Optional) Describe the administrative support necessary for completion of your project/practice.

Signatures:

Teacher: ______________________________ Date: _________________

Principal: _____________________________ Date: _________________

Note: All participants in the alternative evaluation option will be encouraged to share the

progress and results of their alternative individual or educational team activities

with colleagues.

Signature: ________________________________ Date: ____________

(Assistant Superintendent of HR)

113

APPENDIX D-6

Intent: For those teachers on “alternative formal,” this form confirms the resolution of their project/practice.

ALTERNATIVE OPTION SIGNATURE PAGE

Sunnyvale School District

_____________________________________ was on the alternative evaluation program for their formal

evaluation cycle during the ___________ school year.

Project Resolution: Next Evaluation Due:

______ Satisfactory Comments:

______ Unsatisfactory Support Plan

Extended Evaluation Off Cycle

_________________ _______ _________________ _______

Principal Date Employee Date

*The one-page Self-Reflection Summary shall be attached and placed in the personnel file with a copy to the site

file.

114

APPENDIX D-7

Intent: For those teachers on “alternative formal,” this form is a final summary of the

project/practice for the year.

Self-Reflection Summary

Sunnyvale School District

Name: Site: School Year:

1. Please indicate which of the six California Standards for the Teaching Profession was the

focus of your project/practice.

2. Briefly describe your project. What was the goal of the project? How was it meant

to improve student learning? What did your project entail?

3. Describe the results of your project. Be sure to include evidence that you successfully

completed your project/practice. Did you achieve the goal you set out to achieve? Why

or why not?

Principal’s Comments:

Principal Date Employee Date

Note: This form is due 30 days before the last school (student instructional) day scheduled on the school calendar.

115

APPENDIX D-8

Intent: For those teachers on “traditional formal” this form is a final summary of overall performance for the year.

Sunnyvale School District

TRADITIONAL FORMAL CERTIFICATED INSTRUCTIONAL EVALUATION SUMMARY

Employee: Position: School:

Evaluator: Position: School Year: Status:

Temporary Intern Probationary I Probationary II Permanent

Dates of Observations, Visitations, Conferences

Rating: U=Unsatisfactory NI=Needs Improvement AP= Approaching Proficient P=Proficient

STANDARD I: Engaging and Supporting All

Students In Learning

Rating

Commendations/Recommendations/

Evidence Related to this Standard

1.1 Using knowledge of students to engage

them in learning

1.2 Connecting learning to students’ prior

knowledge, backgrounds, life experiences, and

interests

1.3 Connecting subject matter to meaningful,

real-life contexts

1.4 Using a variety of instructional strategies,

resources, and technologies to meet students’

diverse learning needs

1.5 Promoting critical thinking through

inquiry, problem solving, and reflection

1.6 Monitoring student learning and

adjusting instruction while teaching

STANDARD II: Creating and Maintaining

Effective Environments For Student Learning

Rating

Commendations/Recommendations/

Evidence Related to this Standard

2.1 Promoting social development and

responsibility within a caring community where

each student is treated fairly and respectfully

2.2 Creating physical or virtual learning

environments that promote student learning,

reflect diversity, and encourage constructive and

productive interactions among students

2.3 Establishing and maintaining learning

environments that are physically, intellectually,

and emotionally safe

2.4 Creating a rigorous learning environment

with high expectations and appropriate

support for all students

2.5 Developing, communicating, and

maintaining high standards for individual and

group behavior

2.6 Employing classroom routines, procedures,

norms, and supports for positive behavior to

ensure a climate in which all students can learn

2.7 Using instructional time to optimize learning

May 5, 2011

116

APPENDIX D-8

Intent: For those teachers on “traditional formal” this form is a final summary of overall performance for the year.

Certificated Personnel Evaluation Employee:

Page 2 School Year:

STANDARD III: Understanding and

Organizing Subject Matter For Student

Learning

Rating

Commendations/Recommendations/

Evidence Related to this Standard

3.1 Demonstrating knowledge of subject

matter, academic content standards, and

curriculum frameworks

3.2 Applying knowledge of student development

and proficiencies to ensure student understanding

of subject matter

3.3 Organizing curriculum to facilitate

student understanding of the subject matter

3.4 Utilizing instructional strategies that are

appropriate to the subject matter

3.5 Using and adapting resources, technologies,

and standards- aligned instructional materials,

including adopted materials, to make subject

matter accessible to all students

3.6 Addressing the needs of English learners and

students with special needs to provide equitable

access to the content

STANDARD IV: Planning Instruction and

Designing Learning Experiences For

All Students

Rating

Commendations/Recommendations/

Evidence Related to this Standard

4.1 Using knowledge of students’ academic

readiness, language proficiency, cultural

background, and individual development to plan

instruction

4.2 Establishing and articulating goals for

student learning

4.3 Developing and sequencing long-term and

short- term instructional plans to support student

learning

4.4 Planning instruction that incorporates

appropriate strategies to meet the learning needs

of all students

4.5 Adapting instructional plans and curricular

materials to meet the assessed learning needs

of all students

117

APPENDIX D-7

Intent: For those teachers on “traditional formal” this form is a final summary of overall performance for the year.

Certificated Personnel Evaluation Employee:

Page 3 School Year:

STANDARD V: Assessing Students for

Learning

Rating

Commendations/Recommendations/

Evidence Related to this Standard

5.1 Applying knowledge of the purposes,

characteristics, and uses of different types of

assessments

5.2 Collecting and analyzing assessment data

from a variety of sources to inform instruction

5.3 Reviewing data, both individually and with

colleagues, to monitor student learning

5.4 Using assessment data to establish learning

goals and to plan, differentiate, and modify

instruction

5.5 Involving all students in self-assessment,

goal setting, and monitoring progress

5.6 Using available technologies to assist in

assessment, analysis, and communication of

student learning

5.7 Using assessment information to share

timely and comprehensible feedback with

students and their families

STANDARD VI: Developing As A

Professional Educator

Rating

Commendations/Recommendations/

Evidence Related to this Standard

6.1 Reflecting on teaching practice in support

of student learning

6.2 Establishing professional goals and

engaging in continuous and purposeful

professional growth and development

6.3 Collaborating with colleagues and the

broader professional community to support

teacher and student learning

6.4 Working with families to support student

learning

6.5 Engaging local communities in support of

the instructional program

6.6 Managing professional responsibilities to

maintain motivation and commitment to all

students

6.7 Demonstrating professional responsibility,

integrity, and ethical conduct

118

APPENDIX D-7 (d)

Intent: For those teachers on “traditional formal” this form is a final summary of overall performance for the year.

Certificated Personnel Evaluation Employee:

Page 4 School Year:

Evaluator’s Assessment of the Teacher’s Achievement Individual Professional Goals

Identified strengths and commendations, based on the CSTPs above

Identified areas for focus, growth, and reflection based on the CSTPs above

(If a support plan will be provided, it will be attached)

Additional Comments/Employee (Additional pages may be used)

Next Evaluation Due:

Comments:

£ Support Plan

£ Extended Evaluation Off-Cycle

Overall Rating:

NI=Needs Improvement

AP= Approaching Proficient

P=Proficient

Employee Signature Date Evaluator Signature Date

119

APPENDIX D-9

Intent: This form is the official record of the teacher’s evaluation cycle for those who are on the extended evaluation

cycle.

Sunnyvale School District

Extended Evaluation Off Cycle Agreement

Employee’s Name: _

(Please Print)

School/Site: Date of Hire:

Qualifying Criteria (Section 12.2.2 –SEA Agreement)

Permanent unit member who has been employed with the

Sunnyvale School District for at least ten (10) years;

Highly qualified under state and federal law; and

Previous evaluation was proficient (traditional) or satisfactory

(alternative).

School year in which up to Extended Evaluation Off Cycle will begin:

School year for the next formal Evaluation Cycle:

Signature:

(Unit member)

Signature:

(Evaluator)

Signature:

( Deputy Superintendent of HR)

Date:

Under Article 12.2.2 – Certificated Employees Evaluation - Permanent unit members

who meet all the below criteria may be evaluated every fourth year. This means if an

employee is evaluated in “year 1,” they would next be evaluated in “year 5,” or sooner

according to section 12.1.1.3. If the above criteria are met, the unit member and

evaluator may agree to participate in the Extended Evaluation off cycle. The unit

member or the evaluator may withdraw consent at any time. The evaluator’s decision

to place the employee on, or withdraw the employee from, the extended evaluation off

cycle shall not be subject to Article VII – Grievance Procedure.

120

APPENDIX D-10

Intent: This form is to be completed by the supervisor when deficiencies, problem areas, or areas for assistance

consistent with “continuous improvement” have been identified. This form can also be used for teacher initiated

support.

Sunnyvale School District

TEACHER SUPPORT PLAN

TEACHER: SUPERVISOR:

DATE: LOCATION:

(Up to three areas of needed improvement or focus can be described with any one form.)

FIRST AREA OF NEEDED IMPROVEMENT OR FOCUS:

CSTP:

DOCUMENTED EVIDENCE:

RECOMMENDATIONS AND ASSISTANCE (may include evidence of completion):

ADDITIONAL DIRECTIVE(S):

*************************************************************

SECOND AREA OF NEEDED IMPROVEMENT OR FOCUS (if necessary):

CSTP:

DOCUMENTED EVIDENCE:

RECOMMENDATIONS AND ASSISTANCE (may include evidence of completion):

ADDITIONAL DIRECTIVE(S):

*************************************************************

COMMENTS:

*************************************************************

Evaluator's Signature Date Evaluatee's Signature Date

(Indicates receipt of Support Plan, not

necessarily agreement).

Date for follow-up meeting:

121

APPENDIX E

CALIFORNIA STATE LAW FOR MASTER PLAN

Senate Bill No. 1870

Article 4. Implementation

56362. (c) Caseloads for resource specialists shall be stated in the local policies

developed pursuant to Section 56221 and in accordance with regulations established by

the Board. The average caseload for resource specialists shall be no more than 24 pupils,

and no resource specialist shall have a caseload which exceeds 28 pupils.

Local Plan for Special Education: Special Education Services Region II:

Implementation Resource Specialist Program

The resource specialist program is one of the placement alternatives of the IEP Team.

The program provides instruction to students who spend a majority of the school day in

the regular classroom. The resource specialist program is to be staffed with a resource

specialist and at least one aide who is supervised by the resource specialist. The caseload

of the resource specialist is to average 24 pupils and not to exceed 28 pupils.

Senate Bill No. 1870

Article 4. Implementation

56364. Special classes and centers which enroll pupils with similar and more intensive

education needs shall be available. Such classes and centers shall enroll such pupils

when the nature or severity of the disability precludes their participation in the

regular school program for a majority of a school day. Special classes and centers

and other removal of the individuals with educational needs from the regular

education environment shall occur only when the nature or severity of the handicap

is such that education and regular classes with the use of supplementary aids and

services cannot be achieved satisfactorily.

In providing or arranging for the provision of nonacademic and extracurricular

services and activities, including meals and recess periods, each public agency shall

ensure that each individual with exceptional needs participates in those services

and activities with non-handicapped pupils to maximum extent appropriate to the

needs of the individual with exceptional needs. Special classes and centers shall

meet standards adopted by the Board.

Local Plan for Special Education: Special Education Service Region II:

Special Classes and Centers

All special classes must average an enrollment of ten (10) students per class in a regional

average. (EC 56364)

122

APPENDIX F

CERTIFICATED

Sunnyvale School District

Sunnyvale, California

PERSONAL NECESSITY LEAVE FORM

(Deducted from Sick Leave)

[Revised March, 1998]

NAME DATE

SCHOOL

Directions: Please read the definition below, complete this form and give it to your immediate supervisor for

forwarding to the Human Resources Office at least three (3) working days prior to the effective dates of the leave. If

the reason for the leave is beyond prediction, it should be reported in the same manner as an illness leave and this

form submitted within three (3) days of your return.

Check the reason for the leave: A statement of reason must be given for A, B, and C. A statement of reason must

be given for ‘D’ when the day(s) immediately precede(s) or follow(s) a holiday, recess or vacation period.

A. Death or serious illness of a member of the employee’s immediate family.

B. Accident, involving the employee’s person or property, or the person or property of a

member of his immediate family.

C. Appearance in court as a litigant, or a witness under an official order.

D. Professional or personal matters that conform to the definition of Personal Necessity as

defined below:

1. An action or activity that is serious and compelling in nature, that cannot be disregarded; that admits

no choice of conduct; and requires immediate attention.

2. An action or activity that cannot be accomplished except during working hours.

3. An action or activity characterized by presenting an unavoidable choice as compared with a weighing

of advantages which would be characteristic of a personal convenience.

4. May not be taken to extend vacation or holiday periods. A normal two (2) day weekend does not

constitute a vacation or holiday.

DATES FOR THE LEAVE:

STATEMENT OF REASON, IF ANY:

I certify that this Personal Necessity Leave conforms to the information printed above.

Signature

Date: Signature of Supervisor:

Complies with contract:

123

APPENDIX G

CERTIFICATED

Sunnyvale School District

Sunnyvale, California

PERSONAL BUSINESS LEAVE FORM

(User Pays Substitute Cost)

[Revised March, 1998]

NAME DATE

SCHOOL

Directions: Please read the definition below, complete this form and give it to your immediate supervisor for

forwarding to the Human Resources Office at least three (3) working days prior to the effective dates of the leave. If

the reason for the leave is beyond prediction, it should be reported in the same manner as an illness leave and this

form submitted within three (3) days of your return.

DEFINITION: Personal Business is defined as:

a. An action or activity that is serious and compelling in nature, that cannot be disregarded; that admits no choice

of conduct; and requires immediate attention.

b. An action or activity that cannot be accomplished except during working hours.

c. An action or activity characterized by presenting an unavoidable choice as compared with a weighing of

advantages which would be characteristic of a personal convenience.

d. By definition Personal Business may not be taken to extend vacation or holiday periods. A normal two (2) day

weekend does not constitute a vacation or holiday.

A statement of reason must be given for Personal Business Leave.

REASON FOR THE LEAVE REQUESTED:

DATES FOR THE LEAVE REQUESTED

COMMENTS, IF ANY:

I certify that this Personal Business Leave conforms to the definition printed above.

Signature

Date: Signature of Supervisor:

For Human Resources Office Use Only

Approved:

Disapproved:

124

APPENDIX H(a)

SUSPENSION

[Current as of January 1, 2020]

Suspension and Expulsion

EDUCATION CODE SECTION 48900

A pupil shall not be suspended from school or recommended for expulsion, unless the

superintendent of the school district or the principal of the school in which the pupil is enrolled

determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to

(r), inclusive:

(a) 1. Caused, attempted to cause, or threatened to cause physical injury to another person.

2. Willfully used force or violence upon the person of another, except in self-defense.

(b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous

object, unless, in the case of possession of an object of this type, the pupil had obtained

written permission to possess the item from a certificated school employee, which is

concurred in by the principal or the designee of the principal.

a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division

10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.

(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in

Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety

Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or

otherwise furnished to a person another liquid, substance, or material and represented the

liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.

(e) Committed or attempted to commit robbery or extortion.

(f) Caused or attempted to cause damage to school property or private property.

(g) Stole or attempted to steal school property or private property.

(h) Possessed or used tobacco, or products containing tobacco or nicotine products,

including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes,

smokeless tobacco, snuff, chew packets, and betel. However, this section does not

prohibit use or possession by a pupil of their own prescription products.

(i) Committed an obscene act or engaged in habitual profanity or vulgarity.

125

APPENDIX H(b)

(j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug

paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.

(k) (1) Disrupted school activities or otherwise willfully defied the valid authority of

supervisors, teachers, administrators, school officials, or other school personnel engaged

in the performance of their duties.

(2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of

grades 1 to 3, inclusive, shall not be suspended for any of the acts enumerated in

paragraph (1), and those acts shall not constitute grounds for a pupil enrolled in

kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. This

paragraph is inoperative on July 1, 2020.

(3) Except as provided in Section 48910, commencing July 1, 2020, a pupil enrolled in

kindergarten or any of grade 1 to 5, inclusive, shall not be suspended for any of the acts

specified in paragraph (1), and those acts shall not constitute grounds for a pupil

enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for

expulsion.

(4) Except as provided in Section 48910, commencing July 1, 2020, a pupil enrolled in

any grades 6 to 8, inclusive, shall not be suspended for any of the acts specified in

paragraph (1). This paragraph in inoperative on July 1, 2025.

(l) Knowingly received stolen school property or private property.

(m) Possessed an imitation firearm. As used in this section, "imitation firearm" means a

replica of a firearm that is so substantially similar in physical properties to an existing

firearm as to lead a reasonable person to conclude that the replica is a firearm.

(n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286

287, 288, or 289 of or former Section 288a of, the Penal Code or committed a sexual

battery as defined in Section 243.4 of the Penal Code.

(o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in

a school disciplinary proceeding for purposes of either preventing that pupil from being a

witness or retaliating against that pupil for being a witness, or both.

(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug

Soma.

(q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, "hazing"

means a method of initiation or preinitiation into a pupil organization or body, whether or

not the organization or body is officially recognized by an educational institution, that is

likely to cause serious bodily injury or personal degradation or disgrace resulting in

physical or mental harm to a former, current, or prospective pupil. For purposes of this

subdivision, "hazing" does not include athletic events or school-sanctioned events.

126

APPENDIX H(c)

(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have

the following meanings:

(1) "Bullying" means any severe or pervasive physical or verbal act or conduct, including

communications made in writing or by means of an electronic act, and including one or

more acts committed by a pupil or group of pupils as defined in Section 48900.2,

48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably

predicted to have the effect of one or more of the following:

(A) Placing a reasonable pupil or pupils in fear of harm to that pupil's or those pupils'

person or property.

(B) Causing a reasonable pupil to experience a substantially detrimental effect on

the pupil’s physical or mental health.

pupil’s academic performance.

(D) Causing a reasonable pupil to experience substantial interference with the

pupil’s ability to participate in or benefit from the services, activities, or privileges

provided by a school.

(2) (A) "Electronic act" means the creation and transmission originated on or off the

school site, by means of an electronic device, including, but not limited to, a

telephone, wireless telephone, or other wireless communication device, computer, or

pager, of a communication, including, but not limited to, any of the following:

(i) A message, text, sound, video, or image.

(ii) A post on a social network internet website, including, but not limited to:

(I) Posting to or creating a burn page. "Burn page" means an internet

website created for the purpose of having one or more of the effects listed

in paragraph (1).

(II) Creating a credible impersonation of another actual pupil for the

purpose of having one or more of the effects listed in paragraph (1).

"Credible impersonation" means to knowingly and without consent

impersonate a pupil for the purpose of bullying the pupil and such that

another pupil would reasonably believe, or has reasonably believed, that

the pupil was or is the pupil who was impersonated.

(III) Creating a false profile for the purpose of having one or more of the

effects listed in paragraph (1). "False profile" means a profile of a

fictitious pupil or a profile using the likeness or attributes of an actual

pupil other than the pupil who created the false profile.

(iii)

(I) An act of cyber sexual bulling.

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APPENDIX H(d)

(II) For purposes of this clause, “cyber sexual bulling” means the

dissemination of, or the solicitation or incitement to disseminate, a

photograph or other visual recording by a pupil to another pupil or to

school personnel by means of an electronic act that has or can be

reasonably predicted to have one or more of the effects described in

subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or

other visual recording, as described in this subclause, shall include the

depiction of a nude, semi-nude, or sexually explicit photograph or other

visual recording of a minor where the minor is identifiable from the

photograph visual recording, or other electronic act.

(III) For purposes of this clause, “cyber sexual bulling” does not include a

depiction, portrayal, or image that has any serious literary, artistic,

educational, political, or scientific value or that involves athletic events or

school-sanctioned activities.

(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not

constitute pervasive conduct solely on the basis that it has been transmitted on the

internet or is currently posted on the internet.

(3) "Reasonable pupil" means a pupil, including, but not limited to, a pupil with

exceptional needs, who exercises average care, skill, and judgment in conduct for a

person of that age, or for a person of that age with their pupil’s exceptional needs.

(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section

unless the act is related to a school activity or school attendance occurring within a

school under the jurisdiction of the superintendent of the school district or principal or

occurring within any other school district. A pupil may be suspended or expelled for acts

that are enumerated in this section and related to a school activity or school attendance

that occur at any time, including, but not limited to, any of the following:

(1) While on school grounds.

(2) While going to or coming from school.

(3) During the lunch period whether on or off the campus.

(4) During, or while going to or coming from, a school-sponsored activity.

(t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or

attempted infliction of physical injury to another person may be subject to suspension,

but not expulsion, pursuant to this section, except that a pupil who has been adjudged by

a juvenile court to have committed, as an aider and abettor, a crime of physical violence

in which the victim suffered great bodily injury or serious bodily injury shall be subject

to discipline pursuant to subdivision (a).

(u) As used in this section, "school property" includes, but is not limited to, electronic files

and databases.

(v) For a pupil subject to discipline under this section, a superintendent of the school district

or principal is encouraged to provide alternatives to suspension or expulsion, using a

research-based framework with strategies that improve behavioral and academic

outcomes, that are age appropriate and designed to address and correct the pupil's

specific misbehavior as specified in Section 48900.5.

128

(w)

(1) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed

against a pupil who is truant, tardy, or otherwise absent from school activities.

(2) It is further the intent of the Legislature that the Multi-Tiered System of Supports,

which includes restorative justice practices, trauma-informed practices, social and

emotional learning, and schoolwide positive behavior interventions and support to help

transform trauma-related responses, understand the impact of their actions, and

develop meaningful methods for repairing harm to the school community

129

APPENDIX H(e)

Teacher’s Right to Suspend Student From Class

EDUCATION CODE SECTION 48910

(a) A teacher may suspend any pupil from class, for any of the acts enumerated in Section

48900, for the day of the suspension and the day following. The teacher shall

immediately report the suspension to the principal of the school and send the pupil to the

principal or the designee of the principal for appropriate action. If that action requires the

continued presence of the pupil at the schoolsite, the pupil shall be under appropriate

supervision, as defined in policies and related regulations adopted by the governing board

of the school district. As soon as possible, the teacher shall ask the parent or guardian of

the pupil to attend a parent-teacher conference regarding the suspension. If practicable, a

school counselor or a school psychologist may attend the conference. A school

administrator shall attend the conference if the teacher or the parent or guardian so

requests. The pupil shall not be returned to the class from which he or she was suspended,

during the period of the suspension, without the concurrence of the teacher of the class

and the principal.

(b) A pupil suspended from a class shall not be placed in another regular class during the

period of suspension. However, if the pupil is assigned to more than one class per day

this subdivision shall apply only to other regular classes scheduled at the same time as the

class from which the pupil was suspended.

principal or the designee of the principal for consideration of a suspension from the

school.

130

APPENDIX I(a)

CONTRACT WAIVER FOR RESTRUCTURING

Purpose:

This Agreement is designed to encourage initiative and innovation at the work site through

restructuring. It is recognized that proposals for restructuring may contain provisions, which

conflict with the Collective Bargaining Agreement (CBA). The following process is intended to

provide the necessary flexibility for restructuring and at the same time protect the CBA.

Submission Process:

Since contract violations may not be apparent, originators are strongly advised to submit any

restructuring proposal for review by the Sunnyvale School District and the Sunnyvale Education

Association. In the event a conflict is identified, a waiver of the applicable section(s) of the

CBA is required. Any restructuring proposal/project which violates the CBA may be grieved for

failure to submit a waiver application.

Including the following information in the proposal will assist in reviewing the proposal for

contract violations and the need for a waiver:

Purpose and description of the restructuring project.

Specific site and/or department(s).

Site support and the method used to demonstrate site support. Either the District or SEA

may require additional evidence of site support.

Possible options for showing evidence of site support:

A petition of commitment signed by percent of affected staff and of all

staff. (Percent should demonstrate credible support.)

Secret ballot of affected staff and/or all staff which ensures anonymity.

Statements of support.

Report of minority opinion.

Other.

131

APPENDIX I(b)

Specific timelines for:

Project implementation.

Projection completion.

Evaluation process.

CBA language to be waived, if known.

District/SEA Approval Process

Within fifteen (15) duty days of submission of the proposal to SEA and the District for review,

the originators will be notified of the status of their proposal.

In the event that the District and/or SEA identifies the need for a waiver, the two parties will

meet to address differences, if any, and to possibly develop waiver language specific to the

proposal. Either the District or SEA may request additional information about the proposal.

It is the goal to complete this process within forty-five (45) duty days of submission or as soon

thereafter as practicable.

The District and SEA shall give written notice to the originators of a restructuring proposal and

the site principal regarding whether a waiver has been approved.

Renewal

A waiver for a restructuring proposal may be renewed for an additional period of time by

submitting a petition by the date established in the original waiver.

A petition for renewal must include:

Rationale for continuance of the project.

Specific site and/or department(s).

Results of the project evaluation process.

Site support and method used to demonstrate site support. Either the District or SEA may

require additional evidence of site support.

Possible options for showing evidence of site support:

132

APPENDIX I(c)

A petition of commitment signed by percent of affected staff and of all staff.

(Percent should demonstrate credible support.)

Secret ballot of affected staff and/or all staff which ensures anonymity.

Statements of support.

Report of minority opinion.

Other.

Specific timelines for:

Project continuance.

Project completion.

Evaluation process for the project during the extension of the waiver.

CBA language to be waived, if known.

Waiver Termination or Modification

Waiver termination or modification occurs upon any of the following events:

By the terms of the waiver itself.

By any predetermined event or condition to terminate the waiver as set forth in the

restructuring proposal or by mutual agreement of SEA and the District.

By mutual determination of the SEA and District upon consideration of a petition by the

originators of the proposal and/or any affected member to request a modification or

discontinuance of the waiver. The petition shall include rationale and evidence of support.

Grievability

The following shall be grievable under the Collective Bargaining Agreement:

The waiver application process.

A misapplication of waiver provisions of specific CBA language is grievable.

133

APPENDIX I(d)

The failure of SEA or the District to identify a restructuring proposal as requiring a waiver shall

not preclude the filing of a grievance for an alleged violation of the contract.

Implementation of the restructuring project terms and conditions not within the scope of the

contract and which did not require CBA language to be waived shall not be grievable.

Impact on Collective Bargaining Agreement

It is understood that approved waivers are not precedent setting nor do they establish a status

quo. The waiver is applicable only to the specific site for which the waiver is granted and only

for the specified time, thereby preserving the language for all other sites. Upon expiration of the

waiver, the CBA language which was waived once again applies to that site and/or department.

Review

The parties shall review the waiver process annually between March 1 and April 1 by

considering whether the waiver process as implemented has satisfactorily met the interests of

both parties. If either or both parties believe the process should be modified, the parties will

attempt to mutually agree to an amended process. No new waivers shall be granted after April 1

unless and until such time as the parties mutually agree to the amended process.

134

APPENDIX J-1

REQUEST FOR CATASTROPHIC SICK LEAVE DONATIONS

Form A

Date:

Name of member:

School:

School Phone:

Home Address:

Home Phone:

Verification by physician attached:

Yes No.

Number of sick leave days you have left

as of (date)

Anticipated length of sick leave needed:

days

unable to determine at this point

Check here if you would like your name to be kept confidential

Additional info if desired:

Received by Catastrophic Sick Leave Committee on

Approved

Not approved

Signature of Committee Chairperson:

Date:

White copy for Employee

Yellow Copy for SEA

135

APPENDIX J-2

REQUEST FOR CATASTROPHIC SICK LEAVE DONATIONS

Form B

Donor Name:

School:

Home Phone:

Home Address:

Number of Sick Leave Days to be Donated (minimum half-day):

Employee Designated to Receive Donations:

I understand that days are used in the order in which they are received, and that should these

days be unused by the end of the current school year, this form will be returned to me. If the

day is used, it will be permanently deducted from my accumulated personal sick leave days.

Donor Signature:

Date:

Date received by Catastrophic Sick Leave Committee:

Time received by Catastrophic Sick Leave Committee:

White copy for Employee

Yellow Copy for SEA

Employee Signature

and/or

Association Representative Signature

136

APPENDIX K-1

Sunnyvale Elementary School District

Grievance Statement

Level 1

TO:

Imm

Loca

FROM:

Employee

Classification

DATE:

GRIEVANCE #

AGREEMENT PROVISIONS INCLUDED IN GRIEVANCE:

1. Article

3. Article

5. Article

Section

2. Article

4. Article

6. Other

Section

STATEMENT OF GRIEVANCE:

REMEDY OR CORRECTION REQUESTED:

Employee Signature

and/or

Association Representative Signature

137

APPENDIX K-2

Sunnyvale Elementary School District

Grievance Statement

Level 2

TO:

Imm

Loca

FROM:

Employee

Classification

DATE:

GRIEVANCE #

AGREEMENT PROVISIONS INCLUDED IN GRIEVANCE:

1. Article

3. Article

Section

2. Article

Article

Section

Article Section

Other

STATEMENT OF GRIEVANCE:

REMEDY OR CORRECTION REQUESTED:

Guidelines of Best Practices: Meetings

APPENDIX L-1

Site Meetings (K-8)

Teacher Learning Day (Day) K-5

Prep Time-- K-8

Other/Committees

Purpose/ Intent

All teachers attend.

2. Primary purpose is

collaboration focused on

improving student learning.

Some time for "business."

1. Collaborative, site-based.

2. Intent is for teacher

collaboration.

3. Focus on improving

student learning.

4. Not for individual planning

or staff meetings.

1. Provide individual time to

plan and to develop

curriculum and materials.

2. Grade level planning (by

consensus of the team).

Department or subject

planning (by consensus of the

team).

1. Accomplish tasks

including school or

district business that

cannot be accomplished

within time parameters

of other meeting

categories.

Typical:

Number/

Frequency/

Length

1. One meeting per week.

Typically 60-75 min/week

3. The length, frequency, and

start and end times of

meetings are determined

collaboratively between the

principal and teacher leaders.

1. Eight per year.

2. 90 minutes for TLD.

K-3: 90 min./per week on

Friday afternoons.

4-5: 2 hours per week

throughout the week.

6-8: Average of one period

per day.

1. Varies (see adjunct

duty schedule).

2. Reasonable notice of

meetings is expected.

3. Typically, but not

always, outside of the

duty day.

Examples

1. Grade Level Meetings

(curriculum planning, etc.).

2. Whole Staff Meetings.

3. Department Meetings.

4. Professional Learning

Community (PLC)/Data Team,

etc.

1. Whole staff is trained on a

particular topic, strategy, etc.

2. Grade level PLC.

3. Grade Level curriculum

planning.

4. Collaborative scoring of

assessments including

Standards Based Report

Cards (SBRC) rubrics.

(Priority for November and

March.)

Teacher corrects papers,

prepares materials, plans

lessons, contacts parents, etc.

2. Teachers work together to

plan and develop lessons,

score assessments, etc.

3. PLC.

4. See attached list of activities

in MOU dated April 7, 2011.

School based: SSC, PLC

Leads, PSIS Leads, SST,

Department Chairs, etc.

District based: SBRC,

Lang. Arts, ELAT, etc.

3.IEPs.

Other

A schedule (length, frequency,

start and end times) should be

established early in the year

with reasonable notice of any

A TLD and a staff meeting can

occur during the same week.

Two whole staff meetings

should not occur in the same

1. Teams can decide to meet

through consensus.

2. Mandatory meetings only in

an emergency.

1. Many of these are on

the Adjunct Duty

Schedule.

2. Participation is

changes.

week.

voluntary except as

---

required by law.

Revised

Spring 2015

138

APPENDIX L-2

Guidelines of Best Practices: Meetings

Preparation Time- General

The intent of preparation time (both internal and external to student day) is for teachers to

determine and

accomplish professional tasks and responsibilities, which may include such things as:

i. Planning, preparing and developing lessons and support materials ii.

Preparing assessments

ii. Scoring and grading

iii.

Parent contact

iv.

Classroom preparation for an engaging environment vi.

PLC or other collaborative type meetings

Meeting/conferring with grade level colleagues

vi.

Meetings with the Principal on a voluntary basis (teacher and principal will agree on a time)

b. The parties agree there may be occasional or infrequent times when principals may need to meet with teachers

(individually or in grade level groups). Whenever possible, teachers will be allowed to choose when to

meet, i.e.,

during internal or external preparation time(s) (see section 4 below for definitions).

Preparation Times - Definitions

a. External preparation time: Before and after school

(8.1.3.1). K-5: 30 minutes before and 25 minutes

after school

6: 15 minutes before and

minutes after school

7-8: 15 minutes before and

30 minutes after school

Internal preparation time: During the student day

(8.1.3.2).

K-3: 90 minutes per week

4-5: 2 hours per week

6-8: average of 1period per day.

139

Appendix M – Suspension of PAR Program

For reference, the partied negotiated the following:

ARTICLE 20

PEER ASSISTANCE AND REVIEW (PAR)

[Suspended 2012]

As a result of 2012-2013 negotiations, the District and the Association agreed to suspend

this Article indefinitely. The parties also agreed they continue to value the role of peer

assistance in improving and enhancing performance. Therefore, the District and the

Association will meet to develop guidelines and procedures, etc., to enable teachers and

evaluators to seek the assistance of qualified peers to assist teachers.

The suspended PAR language can be found in the 2010-2013 negotiated Agreement.

140