Ata 2016-2019 Draft Final

COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE
ARVIN UNION SCHOOL DISTRICT
AND THE
ARVIN TEACHERS ASSOCIATION
JULY 1, 2016 - JUNE 30, 2019

TABLE OF CONTENTS
ARTICLE Page
I INTRODUCTION ................................................................................................... 3
II RECOGNITION ..................................................................................................... 3
III SALARIES ............................................................................................................. 4

Bilingual and Language Development Stipends ............................... 5
Golden Handshake ........................................................................... 5
Attendance Incentive Program ......................................................... 6
IV HEALTH AND WELFARE BENEFITS ................................................................... 6
V TEACHING HOURS .............................................................................................. 9
VI LEAVES ............................................................................................................... 11
Sick Leave ...................................................................................... 11
Pregnancy Leave ........................................................................... 12
Industrial Accident Leave ............................................................... 12
Personal Necessity Leave .............................................................. 13
General Leave of Absence ............................................................. 13
Bereavement Leave ....................................................................... 13
Jury Duty Leave ............................................................................. 13
School Business Leave .................................................................. 14
Catastrophic Illness Leave ............................................................. 14
General Provisions ......................................................................... 15
VII TRANSFERS/REASSIGNMENTS ....................................................................... 16

General Provisions ......................................................................... 16
Vacancy and Posting ...................................................................... 16
Reassignment ................................................................................ 17
Transfer .......................................................................................... 19
VIII EMPLOYEE EVALUATION PROCEDURES ....................................................... 21
IX PERSONNEL FILES ............................................................................................ 23
X CLASS SIZE ........................................................................................................ 24
XI SAFETY CONDITIONS OF EMPLOYMENT ....................................................... 25
XII EXCLUSIVE REPRESENTATIVE'S RIGHTS ...................................................... 26
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Arvin TA 2013-2016 Revised October, 2014
XIII GRIEVANCE PROCEDURE ................................................................................ 28
Miscellaneous Provisions ............................................................... 28
Informal Level ................................................................................. 29
Level One ....................................................................................... 29
Level Two ....................................................................................... 29
Level Three .................................................................................... 30
XIV REPORTING OF CHILD ABUSE ......................................................................... 31
XV PEER ASSISTANCE AND REVIEW PROGRAM ................................................ 32

Joint Teacher Administrator Peer Assistance and Review Panel ... 32
Consulting Teacher Selection and Duties....................................... 35
Participating Teachers .................................................................... 37
Miscellaneous Provisions ............................................................... 38
Confidentiality of the Process ......................................................... 38
Records .......................................................................................... 38
Liability ........................................................................................... 38
Bargaining Unit Status .................................................................... 38
Reopening this Article .................................................................... 38
Termination of this Article ............................................................... 38
XVI CONCLUSION ..................................................................................................... 39

Completion of Negotiations ............................................................ 39
RECOMMENDED FOR RATIFICATION.............................................................. 41
RATIFIED AND ACCEPTED ............................................................................... 42
APPENDICES
A CERTIFICATED SALARY SCHEDULE ............................................................... 43
A-1 CHILDREN'S CENTER SALARY SCHEDULE .................................................... 44
A-2 SCHOOL NURSE SALARY SCHEDULE............................................................. 45
A-3 TEACHER ON SPECIAL ASSIGNMENT SALARY SCHEDULE ......................... 46
A-4 SPEECH PATHOLOGIST.................................................................................... 47
A-5 COACHES' SALARY SCHEDULE ....................................................................... 48
B SALARY SCHEDULE PLACEMENT RULES ...................................................... 49
C GENERAL PROVISIONS .................................................................................... 52
D CERTIFICATED TRANSFER REQUEST FORM ................................................. 54
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ARTICLE I
INTRODUCTION
A. This Article and the provisions contained herein constitute a bilateral and binding
agreement by and between the ARVIN UNION SCHOOL DISTRICT (hereinafter referred
to as "District" or "Employer") and the ARVIN TEACHERS ASSOCIATION/CTA/NEA
(hereinafter referred to as "Exclusive Representative" or "Association"), an employee
organization.
B. This Agreement is entered into pursuant to Sections 3540-3549 of the California

Government Code (hereinafter referred to as the "Act").
C. The District is an Affirmative Action/Equal Employment Opportunity Employer.
D. This Agreement shall remain in full force and effect from July 1, 2016 until June 30,
2019.
ARTICLE II
RECOGNITION
A. The District recognizes the Arvin Teachers Association/CTA/NEA, as the Exclusive

Representative of District's Certificated employees, including classroom teachers,
preschool teachers, Migrant Resource Teacher, Speech Therapist, District Nurse,
Teacher on Special Assignment, Technology Coordinator, Reading Specialist, Gear-up
Advisor, Intervention Teacher, Academic Coaches and temporary and part-time
employees; but, excluding all management, supervisory, and confidential employees, as
defined by PERB; and substitute teachers, as agreed upon by the parties concerned.
B. Positions in the unit shall be filled by employees authorized by law to render

certificated services.
1. Instructional aides or volunteer aides shall not perform bargaining unit work,
except as provided by statute and implementing rules and regulations of that
statute, unless they are under direct supervision, to the extent required by law, of a
certificated employee.
2. The District shall make an effort to allow the employee to work without an
aide if that desire has been expressed unless such action is in violation of applicable
law or is required by the specifications of the particular project.
3. The District will attempt to assign aide time on an equitable basis.
C. The parties agree that with respect to the terms and conditions of employment
enumerated herein, they will not discriminate against any bargaining unit member by virtue
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of race, color, creed, age, sex, sexual orientation, national origin, political affiliation, marital
status, physical handicap, religion, membership in an employee organization, or
participation in the activities permitted under the Act of an employee organization.
D. The District will continue its employment practice of not discriminating against
persons based upon their labor organization preferences.
ARTICLE III
SALARIES
A. The parties agree that for the 2016-17 school year, the certificated salary schedule
shall be adjusted as reflected in the attached Appendixes A, A-1, A-2, A-3 and A-4
respectively to represent a 2% on schedule increase to the unit effective July 1, 2016.
Additionally, for the 2016-17 school year bargaining unit members shall receive a one-
time, off schedule bonus of 2% payable on November 15, 2016.
B. General regulations pertaining to related economic issues are included in this

Agreement as Appendices B and C.
C. For the duration of this agreement, each teacher who did not reach the top step of
the salary schedule during the preceding school year shall be advanced one step for a
year's service plus any advancement for credits earned pursuant to appropriate
regulations.
1. Probationary employees must have performed services for 75% of the

school year to qualify for advancement on the salary schedule. This provision does
not relate to movement between columns on the salary schedule.
2. The Salary Schedule for Children's Center employees is included in this

Agreement as Appendix A-1.
3. The Salary Schedule for School Nurse is included in this Agreement as

Appendix A-2. Placement on the School Nurse Schedule shall be determined by
the appropriate credential.
D. A part-time certificated employee's salary shall be the amount which bears the
same ratio to the amount provided a full-time employee in the same assignment as the
time actually served by the part-time employee in the classroom bears to the time actually
served by the full-time employee in the classroom. The computation procedure for
determining part-time salaries is as follows:
PT Work Hours x PT Workdays x Regular Salary = PT Salary

FT Work Hours FT Workdays
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E. Employees who are required to work more than their contractually required number
of days shall be paid at their daily rate as defined in Appendix C or a pro rata share thereof.
F. Employees in grades 7 and 8 who are assigned, with the approval of the District, to
instruct another class during their planning period shall be compensated at the rate of
$40.00 for each planning period. Such assignments shall be made on a rotating basis.
Teachers in grades K-6 who are required to take additional students in their class due to
the District’s inability to hire a substitute for the day will be provided with a $40.00 stipend
for the day.
G. Migrant Resource Teacher, Technology Coordinator and Teacher on Special

Assignment, shall be compensated based upon their placement on the Teacher on Special
Assignment Certificated Salary Schedule.
H. Employees working on curriculum projects approved by the Superintendent shall

be compensated at the rate of $40.00 per hour.
Bilingual and Language Development Stipends
I. Employees teaching in a dual immersion class shall receive a stipend as follows:
Spanish Dual = $2,000

English Dual = $1,000
J. A $2,000 stipend shall be provided to employees who have obtained the specialist
credential in reading, curriculum, or special education after completing a college-approved
program. To qualify for this stipend, the person must be working in the field of his/her
specialist credential.
K. A basic stipend of $2,500 will be provided to all speech therapists. To qualify for
this stipend, the person must be working in the field of his/her specialist credential.
L. Golden Handshake
1. The District shall implement the provisions of the Golden Handshake, as

provided in the Education Code, for persons employed by the District for a minimum
of fifteen (15) years and as permitted by law.
2. Eligible employees retiring other than the month of June must submit his/her
written retirement/resignation to the District at least ninety (90) days prior to his/her
retirement so that the District may implement the Golden handshake procedures.
M. Certificated employees working more than 185 contractual days will be

compensated on a pro-rated daily basis for any additional contracted days. New teachers
will be assigned 187 workdays.
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N. Attendance Incentive Program
1. The District agrees to a no-fault attendance incentive program to improve

consistency and quality of instruction and reward employees who are at work every
day.
2. The program is not designed to encourage employees who are ill to be at

work.
3. Employees shall receive attendance rewards as specified below:
0 days missed in a trimester = $250

1 day missed in a trimester = $150
Employees may earn up to three (3) incentives in each school year.
4. A year is defined as the regular teacher contractual year, (185 or 187 days.)
5. Perfect attendance is defined as no absences with the exception of

absences protected by law (i.e., jury duty, workers compensation, bereavement),
and do not include school business. Any absence utilizing a teacher’s
discretionary leave entitlement, (sick leave, personal necessity, no reason), except
as described above, would be used to determine the award.
6. Incentives are considered income and, as such, subject to normal taxes.
7. All awards will be paid as soon as possible following the trimester in which
they are earned and employees will be recognized for their achievement at the
opening day ceremonies of the succeeding school year.
O. Combo Stipend
Teachers assigned a combination class shall receive an annual stipend of $1000.
ARTICLE IV
HEALTH AND WELFARE BENEFITS
A. For the 2016-17 benefit plan year, the District shall contribute the full premium cost
for the 90-C $30, Rx 9-35 Plan, either Delta Dental Plan, and the Vision Services Plan.
Employees who elect to remain on the 100-C Plan will pay the difference in cost between
the District contribution and the cost of the 100-C plan, the Delta Dental Plan and Visions
Services Plan.
1. Prudent Buyer Plan 100-C $20 co-pay Prescription Drug Plan 7-25 or
Prudent Buyer 90-C $30 co-pay with Prescription 9-35.
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2. Delta Dental $1,000.00 Incentive Plan or Delta Preferred Option (DPO) Plan
with a $3,000.00 Annual Maximum, $1,000 Maximum, 100% paid orthodontic and
a third cleaning.
3. California Vision Services Insurance Signature C, $20 deductible.
The Association recognizes that increases in premiums are additional liabilities to the
District budget and are therefore a part of the total compensation package.
a. Employees who terminate employment at the end of the school year

or through the summer months shall have the aforementioned insurance
programs paid by the District effective through the last day of August.
Employees who have been laid off pursuant to the provisions of Education
Code Section 44955 and who have not been returned to paid status by
September 1 of the year of layoff shall be provided with health and welfare
benefits until October 1 of the year of layoff or until September 1 if
employment in another district or occupation is attained.
b. Employees who are employed subsequent to the first day of the

school year shall have the aforementioned insurance programs commence
as soon as the carrier(s) allow.
B. The District agrees that it will maintain the above medical, dental, and vision
programs through the carriers contracted to provide these benefits for the duration of the
agreement. Any subsequent increase(s) in coverage and benefits that are of no additional
cost to the District shall be included automatically. The Association recognizes that the
District has no control over changes in coverage within any plan.
C. For employees who work half time or more the cost of benefits will be prorated.
D. Employees, initially employed prior to July 1, 1993, who have attained the age of
55 years and have served as regular certificated employees in the District for at least
seven and one-half consecutive years may retire from service with the District and receive,
with concurrence of the carrier(s), the fringe benefit package of medical, dental, and vision
insurance on the same basis as regular employees.
E. Employees, initially employed on or after July 1, 1993, who have attained the age
of 55 years and have served as regular certificated employees in the District for at least
fifteen consecutive years may retire from service with the District and receive, with
concurrence of the carrier(s), the fringe benefit package of medical, dental, and vision
insurance on the same basis as regular employees.
1. The 7½ or 15-year period shall be immediately preceding the attainment of

age 55 or age 52 as provided in Section F.
2. A medically documented leave of absence approved by the Board of

Trustees shall be considered as employment for purposes of meeting up to five
years of the service requirement.
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3. Payment by the District shall be from the time of early retirement to the time
when an employee becomes eligible for either state or federal programs--i.e.,
Medicare, Social Security, National Health Insurance, etc. Effective July 1, 1985,
retirees who accept employment with another school district shall have their health
and welfare benefits discontinued for the period of time the retiree is covered by
such benefits through the other district.
4. The term "eligible" shall mean the attainment of the age at which the retiree
may apply for such benefits.
F. Employees who have attained the age of fifty-two years and have served as regular
certificated employees in the District for at least thirty (30) consecutive years may retire
from service with the District and receive, with concurrence of the carrier(s) the Health and
Welfare benefit package of medical, dental and vision insurance on the same basis as
regular employees.
G. The District, with concurrence of the health and welfare carrier(s), will provide the
opportunity for all retirees and/or spouse to continue the fringe benefit package after age
65, with the retiree paying the appropriate contribution through the District business office
no later than the twenty-fifth of each month. Failure to transmit contributions by the twenty-
fifth of the month will result in the termination of said benefits.
1. Effective October 1, 2003, the District shall fully pay the premium for the
District's medical/hospitalization, PacifiCare and prescription programs for each
retiree over the age of 65 and eligible spouse, who are enrolled in both Medicare A
and B, or allow an equivalent credit towards the appropriate premium rate paid by
each retiree and eligible spouse of the employee who retires on or after July 1,
1986, who are enrolled in Medicare B only. Current retirees and eligible spouses
at time of retirement under the age of 65 who receive the District-paid fringe benefit
package shall be eligible for this benefit upon reaching the age of 65, if the
requirements of this subsection are met. The prescription card provided by this
section is the 7-25 co-pay plan.
2. Those persons initially employed on or after July 1, 1992, shall be entitled to

employee-only coverage under the terms of this section.
3. The provisions of Section G. 1 will not be available to persons initially

employed by the District on or after July 1, 1997.
H. No in-lieu payments or contributions to insurance carrier programs other than those

with which the District is under contract to provide the health and welfare benefits will be
made to or on behalf of employees who elect not to subscribe to benefits provided under
this Article.
I. Employees who are certified as disabled by the California State Teachers

Retirement System and who meet the service requirements of Paragraph D of this Article
at the time disability is certified shall be eligible for the benefit package in Paragraph D of
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this Article; provided that for the period of time prior to attainment of the age of 55 years
the employee shall maintain continuous coverage by paying the appropriate contribution
through the District business office no later than the twenty-fifth of the month for which the
appropriate contribution is due. Failure to transmit contributions in a timely manner will
result in termination of said benefits.
J. The District shall provide or pay for required tuberculosis examinations. If the
employee fails to utilize the District's TB examination arrangements, the employee shall
pay the full cost of the examination.
ARTICLE V
TEACHING HOURS
A. The length of the teacher workday, including preparation time, lunch, relief periods,
and time required before and after school, shall be seven (7) hours and 25 minutes. Work
hours regularly are from 7:45 a.m. until 3:10 p.m. Teachers shall be dismissed at 2:35
p.m. on Fridays. However, the District shall be entitled to require teachers to engage in
five (5) extracurricular duties which relate to the school's programs for which teachers shall
receive no additional compensation extending beyond the teacher workday. The District
and the Association agree to a Flex Time Meeting, to be held on a trimester basis, which
will be mandatory and for which the employee shall receive compensatory time off on a
minute-for-minute basis past the regular workday and which will end no later than 4:00
p.m. Bargaining unit members will be given at least seven (7) days advanced notice of
any Flex Time Meeting.
B. Teachers shall receive a duty-free lunch period of no less than thirty (30) minutes.
C. Returning employees shall be on duty for 185 workdays per school year (180
student days). New employees shall be on duty for 187 workdays per school year (180
student days). The last student day shall be a minimum day, providing that minimum legal
attendance requirements for students have been met. The last teacher day shall be a
shortened day for teachers with no students present. Each employee will be permitted to
depart as soon as his/her checkouts have been signed by the principal.
1. When a “Rainy Day Schedule” is declared by the District, employees shall

be allowed to leave after 2:35 p.m. The District shall retain some discretion in the
calling of Rainy Day Schedules; factors to be considered include, but are not limited
to: student safety, school site drainage problems, and amount of rainfall. The
Superintendent shall monitor any school site-based decision that may call for a
Rainy Day Schedule at one school but not another.
2. The contractual year for Nurse shall consist of up to 203 workdays per school
year.
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D. In the event weather conditions result in a shortened or canceled day for students,
an employee shall not, without good cause, be subject to discipline or reprimand if the
employee is delayed in arriving at the school at 8:00 a.m. In such event, the employee
shall advise the principal of the expected delay as soon as possible. When there is a
failure of normal communications (television, telephone, radio), an employee shall
exercise good judgment to evaluate the dangers of travel to work. If travel is impossible
or too dangerous, the employee shall inform the District of his or her difficulty as soon as
possible.
E. For at least three (3) days per week, preparation/self-selected planning time for
regular non-departmentalized teachers shall normally be the time between the end of the
student day and the end of the teacher workday; teachers shall be in their classroom or
assigned work area.
1. Classroom or assigned work areas include the work-room, if any, library,

curriculum center, lunchroom, and other areas as may be agreed to by the site
administrator.
2. Employees who are not classroom teachers shall receive the same amount
of lunch and relief time as regular teachers. Preparation time for these employees
shall be as appropriate to the individual's work duties.
3. Employees teaching departmentalized schedules shall work on the same

daily schedule and shall normally have five (5) preparation/academic counseling
periods per week. In situations where substitutes are not available or it is
impractical to employ a substitute, employees shall be required to accept
assignments on a rotating basis.
4. On minute banking days teachers will be provided with a minimum of 30

minutes of uninterrupted preparation time. Collaboration meeting will be from 1:45–
3:10 p.m. District directed collaboration meetings will be from 2:00 – 3:10 p.m. Early
Departure time will not be allowed on Collaboration days. Except for Flex Time Day
professional development, no activities or meeting other than Collaboration shall
be scheduled on any site or district administrator on these days other than
compliance items preapproved by the Superintendent or Assistant Superintendent.
F. Employees shall be allowed to depart from campus at 2:35 p.m. on the day prior to
a holiday. On the school days immediately preceding Fall Break, Thanksgiving,
Christmas, and Spring Break holiday, students will be dismissed at 12:30 p.m. and
employees shall be allowed to depart from campus at 12:35 p.m.
G. Time off from the regular teacher workday shall be charged to appropriate leave, if
available. If no such leave is available, then the employee's pay shall be reduced by an
appropriate amount. This leave shall be charged in one-half hour minimum increments,
and in multiples of five (5) minutes thereafter.
H. The school calendar shall be developed with consultation between the Association
President and the Superintendent.
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I. Employees shall be dismissed five (5) minutes after the last regularly scheduled
class at the school site when the employee's attendance at a District-approved
extracurricular activity is required. There shall be no additional compensation for those
activities. This provision does not apply to minimum days. However, compensation may
be applicable under the provisions of Appendix C, Paragraph E.
J. Employees returning to the District to participate in Graduation may depart at 12:35

p.m. on that day.
K. Staff and in-service meetings shall normally be held during the teacher workday,
but not on Fridays.
L. The total number of instruction minutes shall be provided in accordance with

Education Code Section 46201.
M. A 12:30 p.m. dismissal of students shall be carried out on the last student day if the
provisions of Paragraph L have been met. The last week of school shall be minimum days
unless the minimum minutes have not been met.
ARTICLE VI
LEAVES
Sick Leave
A. Each employee contracted to work one-half or more of a full-time assignment during

the term of this Agreement shall be entitled to 10 (ten) days of sick leave for each year of
employment on the basis of one (1) day per each month of employment at the employee's
daily rate of pay and shall be prorated to the employee’s work assignment. Unused sick
leave shall accrue from school year to school year. The District shall provide each
employee with a written statement of accumulated and credited sick leave for the current
school year prior to October 1 of each school year.
1. In addition, unit members employed through a special contract to teach in

summer school shall be entitled to one (1) day of paid sick leave at the daily rate of
summer school pay. Credit for allowable sick leave in summer school shall not be
accumulative.
B. The District may require a verification of illness.
C. If an employee has utilized all of his/her accumulated sick leave and is still absent
on account of illness or accident for a period of five (5) school months or less, then upon
verification of a physician or practitioner, the amount of salary deduction in any month shall
not exceed the sum which was actually paid a daily substitute, or, if no substitute was
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employed, the amount which would have been paid to a substitute if one had been
employed.
Pregnancy Leave
D. Each female employee shall be entitled to a leave of absence for the period of time
she is required to be absent by reason of physical incapacity due to pregnancy or
childbirth, or conditions related thereto. The employee shall be entitled to use
accumulated sick leave and benefits allowable under appropriate sections of the California
Education Code on the same basis as provided for any other illness or injury.
E. The period of leave, including the date upon which the leave shall begin, shall be
determined by the employee and her doctor. A statement from the employee's doctor as
to the beginning date of such leave shall be filed with the Superintendent. This date shall
be based upon the employee's ability to render service in her current position.
F. The date of the employee's return to service shall be based upon her doctor's
analysis and written statement of the employee's physical ability to render service and the
absence of physical limitations.
G. Leave will be provided to the extent required by Education Code Section 49977.5.
Industrial Accident Leave
H. An employee shall be entitled to industrial accident or illness leave for any job-
related injury or illness in the amount of 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 one fiscal year for the same accident. Such benefits are
in addition to other sick leave benefits provided by the District.
1. When entitlement to this leave has been exhausted, accumulated sick leave
shall be utilized.
2. During the time the employee is receiving industrial accident and illness
leave benefits, the employee will continue to earn sick leave benefits.
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Personal Necessity Leave
I. Up to seven (7) days of the ten (10) days of leave of absence for illness allowed
pursuant to this Agreement may be used by the employee for personal necessity reasons.
Personal necessity leave is deducted from sick leave. Leave allowed under this section
shall be deducted in one-half hour minimum increments. Any leave taken by an employee
in accordance with this paragraph shall not be for monetary gain to the employee. In
addition, personal necessity leave will not be granted for concerted activities. As a
professional courtesy, employees must give a reason for Personal Necessity leave. When
employees take two (2) or more consecutive days under this section, notice must be given
to the site administrator one (1) workday in advance. Failure to give advance notice within
this timeframe will result in substitute dock pay for the employee. Personal necessity leave
shall not be taken in more than five (5) consecutive-day increments.
1. Advance notice is appreciated, but not necessary, for Personal Necessity

Leave identified as either (a) the death or serious illness of a member of the unit member’s
immediate family when additional leave is required beyond statutory bereavement leave,
or (b) an accident which is unforeseen involving the unit member’s person or property, or
the person or property of a unit member’s immediate family, or appearance in any court or
as a litigant, party, or witness.
General Leave of Absence
J. The District may grant a leave for purposes other than those enumerated in this
Article. The leave shall be without pay.
Bereavement Leave
K. Every employee shall be entitled to five (5) days of paid leave of absence on
account of the death of any member of the employee's immediate family as such term is
defined in this Article. This leave shall not be deducted from sick leave. Bereavement
leave shall be used before personal necessity leave days are used for purposes allowed
pursuant to this paragraph. This leave shall not be cumulative.
Jury Duty Leave
L. Each employee shall be entitled to as many days of paid leave as are necessary
for jury duty. The employee shall sign over to the District any fees paid for jury duty, less
any allowance for expenses.
When an employee is served with a subpoena which compels the employee's presence
as a witness in court or before any other legal body, other than as a litigant, and which
relates directly to the students of the Arvin Union School District, the employee shall be
granted a leave of absence, with pay, at the discretion of the Superintendent. The
employee shall be subject to the aforementioned reimbursement requirements.
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School Business Leave
M. An employee may, at the discretion of the Superintendent, receive paid leave of

absence for the purpose of attending classes, workshops, conferences, or programs which
are designed exclusively for the purposes of assisting the employee in the performance of
assigned duties, introducing new concepts or procedures, or otherwise enhancing or
improving the performance of the employee involved. With the consent of the site
administrator, employees may depart from the work site at 3:00 p.m. in order to attend
District-approved college classes which are scheduled for the employee who could not
otherwise attend.
N. Catastrophic Illness Leave
1. An employee who is, or whose immediate family is, suffering from a

catastrophic illness or injury may request donations of accrued sick leave credits
under the catastrophic leave program.
2. “Catastrophic Illness” or “injury” means any serious or life threatening illness

or injury that is expected to incapacitate the employee for an extended period of
time, or that incapacitates a member of the employee’s family, which requires the
employee to take time off from work for an extended period of time to care for that
family member, and taking extended time off work creates a financial hardship for
the employee because he/she has exhausted all of his/her sick leave and other
paid time off. Members of the employee’s immediate family who are included in
this leave are defined in Article VI, Section O.
3. Requests for donations under this program, shall be accompanied by a

letter, dated and signed by the sick or injured person’s physician, indicating the
incapacitating nature and probable duration of the illness or injury.
4. The District shall determine that the employee has exhausted all accrued
paid leave and credits.
5. When the above verification and determinations are made, the District shall
approve the transfer of accrued sick leave credits.
6. The Superintendent or designee shall inform employees of the means by

which donations may be made in response to the employee’s request.
7. Any employee, upon written notice to the District, may donate no more than
five (5) accrued sick leave days to the requesting employee at a minimum of one
(1) day and full day increments thereafter. Donating employees must maintain at
least one (1) year’s sick leave accrual (ten days) in their individual sick leave
account. Donations of sick leave days shall be processed in the order in which the
District receives the donation forms. No donating employee shall have a second or
subsequent day deducted until all donating employees have been deducted. The
eligible day(s) donated shall not be deducted from the donating employee until they
are applied to the balance of the receiving employee. All transfers of eligible leave
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days shall be irrevocable once the donation is credited to the receiving employee’s
leave account.
8. Benefiting employees may use donated leave credits for up to a maximum

of the days donated for the specific catastrophic illness.
9. An employee who receives paid leave pursuant to this program shall use any
and all leave credits that he/she continues to accrue on a monthly basis before
receiving paid leave pursuant to this program.
10. The Superintendent or designee shall ensure that all donations are kept
confidential.
11. Donations requested shall not normally exceed the amount needed.
General Provisions
O. An employee absent under the provisions of Paragraphs A, C, D, or G of this Article

for seven (7) consecutive days, may be required to provide verification of ability to return
to work and render services to the District prior to returning to work. Notwithstanding the
provisions of this paragraph, an employee who is absent at any time for surgery shall be
required to furnish verification of ability to return to work and render service to the District
prior to such return.
P. Upon return from Industrial Accident and Illness, Pregnancy, Child Rearing,
Extended Illness, or any other paid or unpaid leave, an effort will be made to reinstate the
employee to the position held at the time the leave was granted if such placement is in the
best educational interests of the students.
Q. For the purposes of this Article, the employee's immediate family shall be defined
as the spouse, father, mother, grandfather, grandmother, brother, sister, brother-in-law,
sister-in-law, grandchild, son, daughter, stepmother, stepfather, father-in-law, mother-in-
law, son-in-law, daughter-in-law, or any relative residing in the immediate household of
the employee. Stepchildren or foster children are included in the definition of son and
daughter.
Pursuant to Family Code Sections 297 and 297.5(a) – (c), or successor statutes if
applicable, the term “spouse” includes a registered domestic partner. An employee who
claims any benefit pursuant to the terms of this Article or this Agreement must have proof
of the registered domestic partnership on file with the District.
R. Employees who are on paid leave status shall receive all fringe benefits on the
same basis as employees on regular paid status. Employees on unpaid leave status may,
with the concurrence of the insurance carrier(s), continue the fringe benefit package by
making the appropriate contribution through the District business office no later than the
twenty-fifth of the month prior to the month the benefits are to be in effect. Failure to
transmit contributions in a timely manner will result in the termination of said benefits.
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S. Employees shall have up to eight (8) hours of non-cumulative hours per school year
which may be utilized in the same manner as days of sick leave may be utilized for
personal reasons. The employee must notify the principal or designee prior to 10:00 a.m.
on the date of the intended leave, except in emergencies. All such leaves shall be charged
in one-quarter hour increments and shall be taken after the dismissal of the teacher's
students.
T. Catastrophic Leave Provision: When a catastrophic illness or injury incapacitates

an employee or a member of his/her family for an extended period of time, fellow
employees may donate accrued vacation and sick leave credits to that employee under
the specific requirements of the District’s catastrophic leave program. Donations made
under the catastrophic leave program shall be strictly voluntary. (Administrative
Regulations are included as Appendix E).
ARTICLE VII
TRANSFERS/REASSIGNMENTS
A. General Provisions
1. Vacancy: Vacancy is any position that does not have a unit member
assigned to it. This includes any vacated, promotional, or newly created position,
including positions created by reconfiguration or restructuring and any
supplemental instructional programs offered by the District.
2. Reassignment: Reassignment is the change of an employee’s instructional

assignment within the same school site to another grade level, or to another subject
matter or language designation.
3. Transfer: Transfer is the change of an employee’s instructional assignment

from one school to another school for all or part of a regular assignment.
4. For the purposes of this article, a Transitional Kindergarten teacher who is

transferred from Kindergarten shall retain their seniority in the Kindergarten level.
B. Vacancy and Posting
1. Upon determination that a vacancy shall be filled, the District shall post
notices in the following manner: The Association agrees that if the District
determines not to fill a position then it no longer constitutes a vacancy.
a. Notices shall be posted for at least five (5) workdays on the District
web site and via District e-mail to all bargaining unit members. No
permanent transfers to fill vacancies shall be made until after the closing
date. The provisions of this paragraph shall not apply to positions that are
first posted between July 1st and the first Friday in September of each school
year. Any positions filled by a transfer request or someone outside of the
current bargaining unit shall not be posted as a vacancy for the subsequent
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year. The Association President shall be advised of any such vacant position
as soon as possible.
b. The notice shall include the position description, location, grade level
or subject matter assignment, and specific items related to the criteria
described in Paragraph 2 of Section B of this Article.
c. Any assignment filled after the first Friday of September shall first be
posted as a temporary assignment and will be reposted for the following
school year if the District determines that a vacancy exists, unless a transfer
request was on file for that position.
2. Applications to fill a vacancy shall be considered and any decisions thereon

based only on the following criteria:
a. The specific requirements of the position as listed in the posting.
b. The specific and detailed needs of the instructional program as listed

in the posting.
c. Credential(s) held by the unit member.
d. Training/experience as it specifically relates to the posting.
e. Length of service with the District.
These factors shall be considered and used in a binary fashion and given equal
weight in the decision.
3. If an applicant for a vacancy is not awarded the position, the unit member
shall, upon request, be provided the reasons for the denial in writing. The unit
member must make his/her request within ten (10) days of the denial and the
District shall respond within ten (10) days of the request.
4. Unit member applicants shall be given preference in the filling of vacancies.
5. Upon the filling of a vacancy, the District shall submit the name of the person
filling the vacancy to the President of the Association.
C. Reassignment
1. Reassignment means the change of an employee’s instructional assignment

within the same school site to another grade level, or to another subject matter or
language designation. A teacher may be reassigned within a school to another
subject matter area or grade level assignment provided the reassigned position falls
within the scope of the employee's credential(s) and voluntary reassignment
requests are honored before making involuntary reassignments.
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a. Voluntary reassignments shall be those initiated by a teacher.
b. Involuntary reassignments shall be those initiated by the District.
2. A unit member may request a reassignment to take effect either during the
school year or at the beginning of the next school year. The request shall be made
by filling out the District “Certificated Transfer Request Form”. (Appendix D)
3. Reassignment shall not be made or denied for punitive, arbitrary, or

capricious reasons.
4. A unit member may be reassigned to a position he/she did not request as

long as the reassignment is based upon the following factors:
a. A decrease or increase in the number of students which requires a

decrease or increase in the number of unit members pursuant to Article X,
Class Size.
b. Elimination or addition of program(s) and/or funding.
c. Placement of personnel returning from leaves.
d. Certification adjustment if it is determined that there is a violation of

credential authorization.
e. Performance renewal: A teacher may be reassigned no more than

once every two (2) years in order to provide a reasonable opportunity
for improvement of performance. Reassignment for this reason shall
be preceded by evaluations, conferences, and assistance in
compliance with appropriate provisions of Article VIII - Unit Member
Evaluation Procedures.
f. The least senior employee's seniority.
5. All requests for reassignment and any decision thereon shall be based only
on the following criteria:

in the posting.
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These factors shall be considered and utilized in a binary fashion and given equal
6. Except where it conflicts with the exceptions of certification adjustment and

performance renewal, the District shall seek volunteers prior to making the
reassignment. If no volunteers can be found, the reassignment shall be based on
seniority, with the least senior teacher who holds the valid credential being
reassigned.
a. At the conclusion of the reassignment process at any site, vacancies

will be posted in accordance with Paragraph B of this Article.
7. After the notification of an involuntary reassignment or denial of a voluntary

reassignment, the unit member shall, upon request, be provided the reasons for the
reassignment in writing. The unit member must make his/her request within ten
(10) days of the notification of reassignment and the District shall respond within
ten (10) days of the request.
8. Unit members who are involuntarily reassigned shall be notified at least five
(5) days in advance of the effective date of the reassignment. Unit members shall
be allowed up to three (3) consecutive duty days of release time for purposes of
preparation and orientation to the new position.
D. Transfer
1. A transfer is defined as a change of an employee’s instructional assignment

from one school to another school for all or part of a regular assignment.
a. Voluntary transfers shall be those initiated by a teacher.
b. Involuntary transfers shall be those initiated by the District.
2. A unit member may be involuntarily transferred only for the following

reasons:
a. A decrease or increase in the number of students which requires a

decrease or increase in the number of unit members pursuant to Article X -
Class Size.
b. Elimination or addition of program(s) and/or funding.
c. Placement of personnel returning from leaves.
d. Certification adjustment if it is determined that there is a violation of

credential authorization.
e. Performance renewal: A teacher may be reassigned no more than

once every two (2) years in order to provide a reasonable opportunity for
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improvement of performance. Reassignment for this reason shall be
preceded by evaluations, conferences, and assistance in compliance with
appropriate provisions of Article VIII - Unit Member Evaluation Procedures.
f. School closure.
g. The least senior employee's seniority.
3. Except where it conflicts with the documented educational needs of students

or exceptions of certification adjustment, performance renewal, and school closure,
the District shall seek volunteers prior to making the transfer. If no volunteers can
be found, then transfers shall be based on seniority, with the least senior teacher
who holds the valid credential being transferred.
a. At the conclusion of the transfer process, vacancies will be posted in

accordance Paragraph B of this Article.
4. All requests for transfer and any decision thereon shall be based only on the
following criteria:

in the posting.
These factors shall be considered and used in a binary fashion and given equal
5. After the notification of an involuntary transfer or denial of a voluntary

transfer, the unit member shall, upon request, be provided the reasons for the
reassignment in writing. The unit member must make his/her request within ten
(10) days of the notification of reassignment and the District shall respond within
ten (10) days of the request.
6. Transfers shall not be made for punitive, arbitrary, or capricious reasons.
7. Unit members who are involuntarily transferred shall be notified at least five
(5) days in advance of the effective date of the transfer. Unit members shall be
allowed up to three (3) consecutive duty days of release time for purposes of
preparation and orientation to the new position.
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ARTICLE VIII
EMPLOYEE EVALUATION PROCEDURES
A. Instructional competencies and performance of employees shall be evaluated

pursuant to the provisions of this Article. Employees may be evaluated in employment
areas as defined by the California Standards for the Teaching Profession (adopted
January 1997). Management and ASSOCIATION agree that Standard VI will not be
evaluated (using the NA designation), until such time as agreement is reached on the
specific language and process for direct observation of this standard.
1. Each probationary employee shall be evaluated by the appropriate

supervisor, in writing, at least once each school year no later than February 1.
2. Each permanent employee shall be evaluated by the appropriate supervisor,

in writing, once every other school year no later than March 1. In the event that the
employee receives an unsatisfactory evaluation, he/she will be evaluated in
accordance with the provisions of Education Code Section 44664(a).
3. Evaluations shall be conducted by non-unit management and/or supervisory

employees. Normally, the site administrator(s) shall conduct the performance
evaluation process. The evaluator shall not base an evaluation of an employee on
any information which is not collected through the direct classroom observation of
such employee. Hearsay or unsubstantiated statements shall be excluded from
written evaluations and personnel files. Observations, observation forms and/or
notes by coaches shall not be used in the evaluation process and they shall not be
shared with anyone other than the member observed.
B. During the evaluation process leading to the initial written evaluation for the school
year, there shall be at least one (1) scheduled first-hand classroom observation by the
evaluator. A post-observation conference between the employee and evaluator shall
normally be held within five (5) workdays after the formal classroom observation.
C. In the written evaluation, the evaluator shall cite specific qualities, abilities, and
deficiencies. In the case of deficient instructional performance, the evaluator shall make
specific recommendations as to the areas of improvement in the employee's performance
and endeavor to assist in the implementation of the recommendations.
1. The evaluator may provide, or the employee may request, that the employee
visit and observe similar classes or pertinent work situations, and further continued
periodic observations and conferences.
a. Employee requests for such follow-up observations and conferences

for the purposes of improving instructional performance shall be limited to
one (1) per calendar month.
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b. If subsequent remedial actions on the part of the employee improve
the employee's performance and/or identified deficiencies, a notification to
that effect shall be attached to the written evaluation.
2. During the course of the evaluation period, the evaluator shall take into
account, among other things, class size, intellectual abilities of the learners, the
learning environment, and other pertinent factors, including availability of classroom
materials and supplies.
(NOTE: Those already on a five-year cycle shall remain on their current placement
in the cycle as long as both parties agree, until each member’s current five-year
cycle phases out and they join the every other year cycle.)
a. Employees shall not be required to participate in self-assessment or

peer evaluation as part of the evaluation process. Self-assessment may be
used in the process, but shall not be part of the formal evaluation.
b. Employees shall not be evaluated on whether or not an Individual

With Exceptional Needs (IWEN) meets the growth projected in his/her
Individual Education Program (IEP).
c. Cameras and other monitoring devices in the classroom will not be

utilized solely for the evaluation or discipline of employees. If improper
employee activity is recorded or detected, the information may be used in
disciplinary action(s) of the employee.
D. Prior to placing the written evaluation(s) in the employee's personnel file, the
employee and evaluator shall review the written evaluation. Following the review, the
employee shall sign the written evaluation to indicate that it has been reviewed and that
the employee has received a copy. The employee's signature does not necessarily signify
agreement with the written evaluation.
1. The employee may initiate a written response or rebuttal to the written

evaluation within ten (10) workdays of the review. Such response or rebuttal shall
become a permanent attachment to the written evaluation in the employee's
personnel file.
2. The District shall not take adverse action against an employee for an
unsatisfactory employee performance evaluation based upon evaluation materials
which are not contained in an employee's personnel file.
E. While a grievance may be filed alleging a violation of the procedural steps of this
Article, no grievance may be filed over the contents of a written performance evaluation.
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ARTICLE IX
PERSONNEL FILES
A. Any material, except as specifically excluded herein, relative to an employee's

employment relationship, shall be contained in the employee's personnel file.
B. Material in personnel files of employees which may serve as a basis for affecting
the status of their employment shall be made available by the District for inspection by the
employee or by a representative designated in writing by the employee. Such materials
are 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.
1. Every employee or designated representative shall have the right to inspect

material, except as excluded above, in the personnel files upon request, provided
that the request and inspection is made at the time when such employee is not
actually required to render service to the Employer.
2. Information of a derogatory nature, except as expressly excluded in

Paragraph B of this Article, shall not be entered or filed unless and until the
Employer has conducted a thorough investigation to substantiate the allegations,
the employee is given notice of such filing, and an opportunity to review and
comment thereon. An employee shall have the right to enter, and have attached to
any such derogatory statement, the employee's comments thereon. Such review
shall take place during normal business hours. The employee shall be released
from duty for this purpose without salary deduction.
3. The District shall not take any adverse action against an employee based
upon material which is contained in the employee's personnel file unless the
material is placed in the file within a reasonable time after the incident giving rise to
the development of such material and unless the employee is notified at such time
that such material is being placed in the file.
C. Material placed in the personnel files of employees shall be kept in the strictest
confidence in keeping with appropriate provisions of the California Education and
Government Codes. The District shall provide a form, to be included in each file, indicating
by whom and on what date the file was inspected.
D. Complaints by students, parents, teachers, or citizens shall be in writing and may

not be placed in personnel files unless the employee has been given the opportunity to (1)
receive written notice of the complaint within fifteen (15) workdays after the event which
gave rise to the complaint; (2) request a conference with the complainant(s) and the
administration within fifteen (15) workdays following written notice to the employee of the
complaint. The Administration will notify the complainant in writing of the need for a
conference and will send a copy of this notice to the employee; (3) respond orally or in
writing within fifteen (15) workdays to any accusation; and (4) be represented at all
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meetings by an Association representative. If these procedural rights are denied, the
complaint(s) or the document(s) cannot then be used for placement in personnel files or
in a manner which would result in adverse action against an employee.
1. Complaints or charges that are withdrawn shall be removed from the

personnel file.
2. Upon written request to the Superintendent, complaints or charges that have

been proved to be false and/or unsubstantiated shall be removed from the
personnel file.
ARTICLE X
CLASS SIZE
A. The District agrees to implement a TK/K-3 class size of 24 or less in accordance

with the timeline and requirements outlined in the implementation of the LCFF. The
District’s goal is to maintain a maximum class size enrollment of thirty (30) or less pupils
per class in grades 4-6 and an average goal of 32 or less pupils per class in grades 7-8 in
order to maintain an environment conducive to good learning. The maximum class size
for Junior High physical education classes shall be 45. When the number of pupils
exceeds aforementioned limits, the District shall attempt to alleviate the problem through
one of the following plans:
1. Transfer of students from one classroom to another.
2. Hire additional teachers.
3. For junior high physical education classes only, the district may provide a
remedy of adding an aide for any overage period.
B. Remedies under Paragraph A of this Article shall be undertaken as soon as

possible, but not later than twenty (20) school days. Teachers who have students over
the class size maximums shall be compensated for each day/period students are enrolled
as follows (junior high physical education teachers shall not be compensated unless the
adult to student ratios, including the aide, of 45 is exceeded):
1. Compensation will begin after the twentieth (20th) day of enrollment over the
maximums established in Paragraph A of this Article.
2. Compensation will be $5 per day per student for TK/K-6 over the maximum.
3. Compensation will be $5 per period per student per day for 7-8 over the
maximum.
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C. Special Education class sizes shall be as determined by applicable state and
federal laws and regulations.
D. The term "class size" used in Paragraph A is intended to cover regular classroom
teachers and does not include resource teachers, special education teachers, reading
specialists, psychologists, nurses, and elective teachers.
E. The District agrees to assign pupils in such a manner as to equalize, as nearly as

possible, the teaching load within grade levels or subject discipline areas.
ARTICLE XI
SAFETY CONDITIONS OF EMPLOYMENT
A. The District and its employees shall be safety conscious in their conduct and actions
and shall cooperate in the implementation of the District's safety program.
B. Employees shall report any unsafe or unhealthy conditions directly to their

supervisor. The District shall conduct investigations of employee reports and take
appropriate measures as soon as possible. The employee shall be informed by the
principal or designee of the results of the investigation and whatever action is to be taken.
Employees shall not be required to work under unsafe conditions or to perform tasks which
endanger their health and safety. Resolution of disputes on non-emergency items will be
submitted to the District Safety Committee. The Association President or designee shall
be a member of this Committee.
C. Employees shall receive applicable insurance and leave benefits for any injury
incurred under the provisions of this Article. When absence from duty arises out of an
assault, the employee shall receive the benefits for any such absence in accordance with
the provisions of Industrial Accident Leave in Article VI.
D. An employee shall report, as soon as possible, any verbal or physical assault to the
immediate supervisor who shall immediately report the incident to the proper authorities.
E. An employee may exercise the same degree of physical control over a pupil that a
parent would be legally privileged to exercise, but which in no event shall exceed the
amount of physical control reasonably necessary to maintain order, protect property, or
protect the health and safety of students in accordance with Education Code Section
44807 (Appendix D). As long as these guidelines have been followed, the District shall
support the employee's position.
F. A written description of the rights and duties of unit members with respect to student
discipline and the rights of suspended students shall be presented to each teacher in
writing on the first day of each school year.
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G. A teacher may suspend a student from the classroom for the day of the suspension
and the day following pursuant to Education Code Sections 48910, et seq.
H. A teacher may withhold recess privileges from a student in accordance with the
provisions of Education Code Section 44807.5, which shall be implemented by the District.
ARTICLE XII
EXCLUSIVE REPRESENTATIVE'S RIGHTS
A. The Exclusive Representative shall have the right to use designated bulletin
boards, the intra-District mail system, employee mailboxes (only if copy of said material is
provided concurrently to the Superintendent), and meeting rooms at reasonable times.
Any material distributed by the Association shall be signed by the Association President
or designee. The approval of the Superintendent shall be required, after the request has
been approved by the building administrator, for the use of school facilities. The
Association President or designee may use the following District equipment by prior
arrangement: Typewriters, photocopier, spirit duplicator, and audio visual equipment. The
Association shall be responsible for the cost of supplies.
B. The President of the Exclusive Representative, or other person designated in

writing in advance by the organization, shall make all requests for use of facilities at least
ten (10) days in advance.
C. Agents of the Exclusive Representative shall have access to employees at times

which do not interfere with the efficient operation of employee performance as determined
by the District.
1. Employees who are officers, agents, or representatives shall notify the site
administrator of their presence when they are on a site other than their regularly
assigned site.
2. Non-employee officers, agents, or representatives shall check in at the site

office and request clearance to contact employees. Clearance shall be granted
unless contact would violate Paragraph C of this Article.
3. Contacts with employees by the Association President and/or designee shall

be permitted during breaks, lunch, and after school.
D. Any member of the Exclusive Representative may sign and deliver to the District
an assignment authorizing deduction of membership dues, initiation fees, and general
assessments for the Exclusive Representative. Such authorization shall continue in effect
during the term of this Agreement. Upon receipt of such authorization, the District shall
deduct one-tenth of such dues from the regular salary check of the employee each month
for ten (10) months and shall promptly remit sums deducted to the Exclusive
Representative.
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E. Current employees will be provided with a copy of this Agreement within thirty (30)
days following final ratification by the parties. New employees will be provided with a copy
of this Agreement when initially employed by the District.
F. Upon written authorization of an employee, the District shall make deductions from
the employee's salary for any of the following: Credit union, annuities, cancer insurance,
life and income protection insurance, and any other deductions necessary to keep medical,
dental, and vision insurance in effect and other deductions as agreed to by the District and
the Exclusive Representative.
G. Consultation shall take place between the District and the Association on the
definition of educational objectives, the determination of the content of courses and
curriculum, and the selection of textbooks to the extent that such matters are within the
discretion of the District under the law. The District shall notify the Association, in writing,
of its intent to consider such matters prior to making any changes. The purpose of such
consultation shall be to receive the Association's opinions and/or recommendations in the
areas above. The District shall, upon the Association's request, meet with the Association
representative(s) within five (5) workdays.
H. The Exclusive Representative shall be entitled to hold one meeting per school
month in the District beginning at 2:30 p.m. on dates mutually agreed to by the Association
President and the Superintendent. Employees who choose to attend these meetings are
released to the appropriate site at 2:30 p.m. All employees are required to remain within
the District for the full workday whether or not they choose to attend these meetings.
I. The Exclusive Representative shall be allowed up to thirty (30) minutes following

the annual teacher's orientation program for Association business.
J. The parties shall provide each other with adequate copies of any collective
bargaining agreement proposals or any communications for their consideration.
K. The District shall provide the Association President a complete agenda and minutes
for regular and special meetings of the Board of Trustees, excluding closed sessions.
L. Names and addresses of all bargaining unit members shall be provided to the
Association President once each year as soon as practicable.
M. The District shall allow the Association two (2) days of paid leave for Association
Business.
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ARTICLE XIII
GRIEVANCE PROCEDURE
Miscellaneous Provisions
A. A grievance shall mean an allegation that there has been a violation,

misinterpretation, or misapplication of the specific terms of this Agreement. A grievant
shall be an employee covered by this Agreement or the Association.
B. Any employee may present grievances to the District and have such grievances
adjusted without the intervention of the Exclusive Representative as long as the
adjustment is not inconsistent with the terms of this Agreement; provided, however, that
the District 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 an opportunity to file a response.
C. Once a grievance has been initiated, all matters of dispute relating to it which occur
during the processing of the grievance shall become a part of and be resolved in the
grievance proceeding. Once a grievance has been resolved or a final decision rendered,
a grievant shall not be entitled to initiate a new grievance on any matter or occurrence
which properly could have been included in the first grievance.
D. At all formal levels of the grievance procedure, the grievant shall provide the
Exclusive Representative with all details and copies of correspondence relative to the
grievance.
E. Representatives of the Exclusive Representative participating in the grievance shall

suffer no loss in pay if meetings or appointments are mutually scheduled by the District
and the Exclusive Representative.
F. All material pertinent to a grievance shall be kept in a file separate from the
employee's personnel file. This file shall be available to the employee.
G. No reprisal of any kind will be taken by the District against any grievant or participant
in the grievance procedure by virtue of such participation.
H. Failure of the grievant or the grievant's representative to adhere to the time limits
of this Article shall constitute waiver of the grievance and acceptance of the District's action
or decision at the appropriate level. Failure of the District or its representative to adhere
to the time limits of this Article shall constitute waiver of the grievance and acceptance of
the remedy sought by the grievant.
I. Time limits may be extended or shortened by mutual agreement of the grievant and
the District.
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J. All time limits suggested are days when the District office is normally open for
business.
Informal Level
K. Each formal grievance shall be preceded by an informal attempt by the employee

to settle whatever problem exists at the appropriate level prior to the filing of the formal
grievance.
Level One
L. Within fifteen (15) workdays of the occurrence of the alleged violation,

misinterpretation, or misapplication of the Agreement, the grievant must present the
grievance in writing to the immediate supervisor. The grievance shall contain a clear,
concise statement of the problem and the circumstances involved, reference to the specific
contract article and paragraph, summarize the informal conference, and list the specific
remedies sought by the grievant. Within fifteen (15) days of receipt of the grievance by
the supervisor, the supervisor shall communicate a clear and concise decision and the
reasons for such decision to the grievant in writing.
Level Two
M. In the event that the grievant is not satisfied with the decision at Level One, a written
appeal to the Superintendent or designated representative shall be filed within ten (10)
days of the issuance of the Level One decision or the deadline within which such decision
was to be made.
1. The appeal shall contain all material utilized in the first level, including the
decision rendered, if any, and a specific and precise statement of the reason for the
appeal.
2. The Superintendent or designated representative shall meet with the

grievant and the representative, if the grievant so desires, within ten (10) days of
the receipt of the appeal.
a. Either party, on written notice to the other party, within five (5)
workdays of the filing of the Level Two appeal, may request conciliation
through the California State Conciliation Service, in lieu of the meeting
specified herein.
b. If a conciliator is not available within a time acceptable to the grievant,

the meeting specified in Paragraph 2 above shall be held.
c. The conciliator shall not issue any public statement of fact or opinion
on the matter in question.
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d. The conciliation or settlement positions of either party shall neither be
made public nor be introduced into any other grievance level by the other
party.
3. Within fifteen (15) days of receipt of the appeal, within fifteen (15) days of
the meeting of the Superintendent and the grievant, or within fifteen (15) days of
the conciliation meeting, a written decision shall be transmitted to the grievant. If
there is no written decision within the specified time limit, the grievant may proceed
to the next level.
Level Three
N. If the grievant is not satisfied with the decision at Level Two, the Exclusive
Representative may, within ten (10) days, submit the grievance to binding arbitration under
the provisions of the Voluntary Labor Arbitration Rules of the American Arbitration
Association. If the grievant is satisfied with the result at Level Two, or any prior level, the
Exclusive Representative is barred from instituting the arbitration procedure.
O. The arbitration shall be limited solely to the interpretation and application of this
Agreement to the precise issue(s) submitted for arbitration. The arbitration shall not
determine any other issue(s).
P. The arbitrator shall have no power or authority to hear cases challenging any of the
following:
1. The termination of services or failure to reemploy a probationary employee.
2. The placement of a newly-hired employee on probationary status.
3. The termination of services or failure to reemploy an employee in a position

for which extra compensation is received.
4. The content of the employee's evaluation.
5. The District's right to promulgate rules, policies, or procedures for the

implementation of this Agreement, unless such rules are violative of this
Agreement.
Q. The arbitrator's decision shall set forth findings of fact, reasoning, and conclusions
on the precise issue(s) submitted. In rendering the decision, the arbitrator shall be limited
as follows:
1. Where the District has made a judgment involving the exercise of discretion,
the arbitrator shall review such decision solely to determine whether the decision
has violated the Agreement. The arbitrator's judgment shall not be substituted for
the judgment of the District.
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2. The arbitrator shall not issue statements of opinion or conclusions not
essential to the determination of the issue(s) submitted.
3. The arbitrator's decision may include restitution, financial reimbursement, or

other proper remedy, but shall not include penalties, damages, fines, or interest
payments.
4. The arbitrator shall not add to, subtract from, amend, modify, or alter any
provisions or procedures in this Agreement.
R. The decision of the arbitrator shall be submitted to the Board of Trustees and the
Association for implementation.
S. The parties shall share the cost of the AAA administration fee and the fees of the
arbitrator. Each party shall bear all costs of preparing and presenting its own case.
T. Until final disposition of the grievance takes place, the grievant is required to
conform to the original decision of the supervisor.
U. With the mutual agreement of the District and the Association, the arbitration may
be held under the Expedited Rules of the American Arbitration Association.
ARTICLE XIV
REPORTING OF CHILD ABUSE
A. The District shall provide during the regular workday in-service training as
required by the "Maxine Waters Child Abuse Prevention Training Act of 1984."
B. No later than the end of the first week of school, the District shall provide
each employee with a copy and explanation of the laws regarding the employee's
responsibilities of reporting child abuse and materials on how to recognize child abuse.
C. The employee shall notify his/her immediate supervisor within 24 hours of

the reporting of a case of child abuse. The supervisor shall provide immediate and positive
assistance to that teacher in his/her fulfillment of legal responsibilities. Such assistance
shall include, but not be limited to, providing copies of the official report forms, agency
addresses or telephone numbers, a quiet and private place to complete the forms, friendly
and courteous assistance in completion of the forms, and release time for the completion
of the forms.
D. The District shall respect and maintain the confidentiality of all information
on child abuse which a teacher reports to the appropriate authorities.
E. The District shall provide all necessary assistance to protect an employee

from attempted harassment or intimidation as a result of his/her having completed and
submitted the necessary forms on child abuse.
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ARTICLE XV
PEER ASSISTANCE AND REVIEW PROGRAM
The California Peer Assistance and Review Program for Teachers (“PAR”) provides a
mechanism by which exemplary classroom teachers assist other classroom teachers in
the areas of subject matter knowledge, teaching methods, and teaching strategies.
Peer assistance activities are provided by “Consulting Teachers” to “Participating

Teachers.” Consulting Teachers are selected and designated by the Joint Teacher-
Administrator Peer Assistance and Review Panel (“Joint Panel”). A Participating Teacher
is a permanent classroom teacher who is referred to and required to participate in the PAR
program as a result of an unsatisfactory rating of the employee’s performance in the area
of teaching methods or instruction as provided by Education Code Section 44664(b). The
Participating Teacher has the right of one refusal of the assigned Consulting Teacher
before the consulting process begins. A classroom teacher may request assistance
through the PAR process as a “Voluntary Participant” subject to the provisions of the law
and the agreement of the Joint Panel. All bargaining unit members who participate in the
District’s PAR program shall be granted due process.
Joint Teacher Administrator Peer Assistance and Review Panel
A. Oversight and guidance of the PAR program is provided through the Joint Panel.
The majority of the Joint Panel shall be certificated classroom teachers who have been
chosen by other certificated classroom teachers. Certificated administrator members of
the Joint Panel shall be designated by the District.
1. The Joint Panel shall be composed of five (5) members, three (3) classroom
teachers, and two (2) administrators. The term of a Joint Panel member who is a
classroom teacher shall be three (3) years, except that the first terms of the teacher
members shall be one (1) one-year term, one (1) two-year term, and one (1) three-
year term.
a. Qualifications for the classroom teacher members of the Joint Panel

shall be the same as the qualifications for a consulting teacher.
b. All members of the Joint Panel shall receive an annual stipend of

$1,000 as compensation for Joint Panel activities that take place outside of
the panel member’s regular workday.
c. In accordance with procedures for elected members to the

Association, teacher members of the Joint Panel may be subject to recall as
outlined in the Bylaws of the Association.
d. If a member of the Joint Panel leaves the Panel prior to the completion
of his or her term, the vacant position shall be filled for the remainder of the
term in the same manner by which the departed member was originally
32
chosen or designated. For a classroom teacher, the annual stipend shall be
prorated on the basis of the number of months served.
2. Classroom teacher membership on the Joint Panel shall be determined by

the Association according to the bylaws of the Association.
3. The Joint Panel shall elect a chair who shall serve for a two-year term.
4. The Joint Panel shall meet as it deems necessary to perform its functions.
To the extent practicable, meetings shall be held during the regular workday for
certificated classroom teachers. Classroom teacher members shall be released
from other assigned duties in order to attend Joint Panel meetings. A quorum for
Joint Panel meetings shall be three (3) Panel members with a majority being
teachers.
5. The Joint Panel will endeavor to make decisions by consensus. If the

attempt to achieve consensus is unsuccessful, decisions of the committee shall be
made by a majority vote.
6. Pursuant to Education Code Sections 44502(a) and 44506(b), the Joint

Panel shall:
a. Select Consulting Teachers whose responsibility shall include

assisting Participating Teachers, assisting new teachers and interns through
the BTSA and Pre-Intern/Intern Program, professional development, or other
new teacher support activities.
b. Review peer review reports prepared by consulting teachers.
c. Make reports and recommendations to the Board of Trustees

regarding PAR program participants, including informing the Board of the
names of PAR participants who the Joint Panel determines have not
demonstrated “satisfactory improvement” after receiving “sustained
assistance” from a Consulting Teacher and PAR participants who have been
removed from the program because of satisfactory performance. The Joint
Panel may also recommend other alternatives such as:
i. Reassignment
ii. Change Consulting Teacher (including outside Consulting

Teacher in case of single subject teachers)
iii. Additional training, including coaching
iv. Change of grade level
v. Use of outside resources
33
All reports pursuant to this provision shall be made to the Board not later
than thirty (30) days after the receipt of the final report from a Consulting
Teacher.
d. Make an annual evaluation of the impact of the PAR program in order

to improve the program and provide a Financial Report to the Board of
Trustees. The program evaluation shall be presented to the Board of
Trustees at a regular meeting not later than June 1 of each school year.
7. In the process of carrying out its obligations, the Joint Panel shall:
a. Establish its internal procedures.
b. Establish a procedure for application as a Consulting Teacher.
c. Provide appropriate training opportunities for Consulting Teachers

including the selection of trainers and training.
d. Oversee Consulting Teachers in (1) the developing of performance

goals for Participating Teachers; (2) determining appropriate observation
scheduling and practices; (3) establishing and maintaining a cooperative
relationship with a Participating Teacher’s Principal; (4) assessing staff
development activities that may assist in improving a Participating Teacher’s
skills and knowledge; and (5) writing peer review reports.
e. Provide appropriate training opportunities for Joint Panel members in

areas related to the Panel’s statutory responsibility.
f. Be able to remove a Consulting Teacher from the program for cause

by majority vote.
g. Develop the budget for monies received by the District as a result of

the District’s participation in PAR which shall include allocation to the
District’s BTSA and Intern Program with a stipend to the Consulting Teacher
of $2,000 for each new teacher or Participating Teacher served, and a
provision for miscellaneous expenses such as substitutes, materials,
conferences. In the event that the Board does not adopt the budget from the
Joint Panel, the budget will be referred back to the Joint Panel for
modifications and resubmission to the Board.
8. Pursuant to Education Code Sections 44500(b)(7) and 44662(d), the results

of a Participating Teacher’s participation in the PAR program (including responses,
if any) shall be made available in the personnel file for consideration as part of the
evaluation and assessment of employee performance.
9. At the end of each school year, the Joint Panel shall forward all documents
and records relating to an employee’s participation in the PAR program to the
District Office for filing as provided in Paragraph E of this Article.
34
Consulting Teacher Selection and Duties
B. A Consulting Teacher is a classroom teacher who applies for that designation. If

selected by the Joint Panel, the Consulting Teacher is assigned to assist another teacher
who is in need of development of teaching methods or instruction and other duties as
specified in Section A.6.a.
1. In order to be selected as a Consulting Teacher, the classroom teacher must

possess the requisite minimum qualifications and must file an application with the
Joint Panel. The minimum qualifications are:
a. Credentialed classroom teacher with permanent status.
b. Five (5) years of classroom teaching experience or currently hired in

an academic coaching position.
c. Demonstrated exemplary teaching ability as provided by Education

Code Section 44501(c) and reflected in the applicant’s performance
evaluations.
d. Demonstrated ability to work cooperatively and effectively with other

teachers and administrators.
e. Effective leadership skills.
2. An application for selection as a Consulting Teacher shall include three (3)

references from individuals who have knowledge of the candidate’s ability to satisfy
the minimum qualifications. At least one (1) reference shall be from a Principal who
has evaluated the applicant at least once in the last three (3) years or other District
manager or supervisor. One other reference shall be from another classroom
teacher. A reference may be submitted from an Association representative who is
acting in an official capacity. The process shall include provisions for one or more
Panel members to observe each candidate’s classroom teaching performance. A
written report of the observations shall be made to the Joint Panel prior to any vote
to select a Consulting Teacher or Teachers. Consulting Teachers who work with
PAR teachers and become administrators will not be assigned to evaluate that
former Participating Teacher for two (2) years.
Annual training for Consulting Teachers could include:
a. Developmental Stages of Teachers

b. Characteristics of Consulting Teachers
c. Formal Case Study Presentations
d. Systemic Observation Techniques
e. Dealing with Difficult Clients
f. Adult Learning Theory
35
g. Conferencing Strategies
h. The “Language” of Report Writing
i. Developing a Supportive Collegial Atmosphere
j. Evaluation Standards
k. Due Process
l. Mentoring and Coaching Skills
m. Conflict Resolution
n. Intervention Strategies
o. Classroom Management
p. Different Assessment Techniques
q. Multiple Intelligence and Multiple Modalities
3. The assistance provided by a Consulting Teacher shall not involve the

participation in, or the conducting of, the evaluation and assessment of
performance of the Participating Teacher that is set forth in Article XVI of this
Agreement and Education Code Section 44660 et seq. The assistance provided
by the Consulting teacher shall focus on the specific areas recommended for
improvement by the Participating Teacher’s Principal (or designated evaluator)
based upon the unsatisfactory rating or ratings in the performance evaluation that
resulted in the referral to the PAR program.
4. As soon as possible following the assignment of a Consulting Teacher by

the Joint Panel, the Consulting Teacher, Principal (or evaluator) of the Participating
Teacher, and the Participating Teacher shall meet and discuss the areas
recommended for improvement. Thereafter, the Consulting Teacher shall
independently prepare a Plan of Consultative Assistance and time-line which is
consistent with the provisions of this Article and Education Code Sections
44500(b)(2), (3), (5), (6), and (7) and completed by the end of that school year.
The Plan shall:
a. Outline scheduled observations by the Consulting Teacher and any

release time requirements for the Consulting Teacher’s activities related to
implementing the Plan.
b. Include: (i) performance goals for Participating Teachers; (ii) staff

development activities that may assist in improving a Participating Teacher’s
skills and knowledge; and (iii) time-line for communicating with Participating
Teacher’s Principal.
c. Provide for written peer review reports to be submitted to the Joint

Panel at least every six (6) weeks. A copy of each report shall be provided
to the Participating Teacher at the time of submission to the Joint Panel. As
a part of the monitoring process, the Consulting Teacher may be required to
meet with the Panel to discuss the progress of the Participating Teacher.
d. Be submitted to the Joint Panel for approval.
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5. The Consulting Teacher’s final report regarding a Participating Teacher’s
participation in the PAR program for the school year shall be submitted to the Joint
Panel not later than May 15. The report shall describe the measures of assistance
provided to the Participating Teacher and shall describe the results of the
assistance in the area or areas recommended for improvement. A copy of the
report shall be provided to the Participating Teacher at least ten (10) days before
the report is made to the Joint Panel. A Participating Teacher can attach a rebuttal
to the report that is submitted to the Joint Panel.
6. With regard to a teacher who has been accepted as a Voluntary Participant,

the Assistance Plan set forth in Paragraph 4 of this section shall focus on the area
or areas identified by the teacher. Unless requested by the Voluntary Participant,
the Consulting Teacher shall neither submit peer review reports nor a final report of
participation to the Joint Panel.
7. A Consulting Teacher shall receive an annual stipend of $2,000 per each

new teacher or Participating Teacher for PAR and BTSA activities and functions
performed outside of the Consulting Teacher’s regular workday. This stipend shall
not be counted as salary or wages for purposes of calculating Employer contribution
rates or employee benefits under STRS.
8. The Stipend will be based upon a maximum of 180 hours of work beyond
the workday/workweek.
Participating Teachers
C. A Participating Teacher is a classroom teacher who has been referred to the PAR
program as a result of an unsatisfactory rating of the employee’s performance in the area
of teaching methods or instruction. Referral to and participation in the PAR program is
mandatory.
1. If there is a sufficient number of designated Consulting Teachers, a

Participating Teacher may inform the Joint Panel of any preference prior to the
Panel’s assignment of a Consulting Teacher. A Participating Teacher has the right
to one refusal of an assigned Consulting Teacher before the consulting process
begins.
2. The Participating Teacher may request a change in an assigned Consulting

Teacher. Depending on the availability of another appropriate Consulting Teacher,
one request for a change shall be granted.
3. A Participating Teacher may respond to a Consulting Teacher’s final report

either by an appearance before the Joint Panel or by a written submission or both.
If a Participating Teacher desires to file a written response and/or to request to
appear before the Joint Panel, the response/request must be made in writing within
five (5) workdays of the date of the final report.
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Miscellaneous Provisions
D. Confidentiality of the Process. Discussion related to an employee’s participation in

the PAR program shall be kept in strict confidence by Joint Panel members, Consulting
Teachers, and the Principal (or designated evaluator) of a Participating Teacher.
E. Records. Documents and writings relating to an employee’s participation in the

PAR program are regarded as personnel matters and shall be subject to the personnel
record exemption of the Public Records Act (Government Code Section 6250 et seq.).
Except for a Consulting Teacher’s final report regarding an employee’s participation in the
PAR program pursuant to Education Code Section 44500(b)(7), the Joint Panel’s
recommendation to the Board of Trustees regarding PAR program participants pursuant
to Education Code Section 44502(a), and any management follow up evaluation and
assessment of performance by the employee’s Principal or designated evaluator, all other
documents relating to participation in the PAR program shall be maintained in a separate
file.
F. Liability. As provided by Education Code Section 44503(d), a certificated

bargaining unit employee who performs functions pursuant to this Article as a Joint Panel
member or as a Consulting Teacher or who was directly involved in the negotiation and
acceptance of the PAR program on behalf of the Arvin Union School District 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
Government Code. Pursuant to the terms of the District’s liability insurance policy, the
employee shall be indemnified and held harmless against any claims, causes of action,
damages, grievances, administrative proceedings or any other litigation arising from
participation in the PAR program.
G. Bargaining Unit Status. A certificated bargaining unit employee who implements

any PAR program functions is not a management or supervisory employee for purposes
of the Educational Employment Relations Act.
H. Reopening This Article. The parties agree that this Article shall be reopened if
either Education Code Section 44500 et seq. or the State’s implementation guidelines or
regulations are modified in any manner that adversely impacts a term of this Article. The
parties further agree that this Article may be reopened at any time by either party. Finally,
the parties agree that reopening this Article does not reopen the Collective Bargaining
Agreement. If there is no agreement on the reopened provisions, then those provisions
remain status quo.
I. Termination of This Article. If State funding for the PAR program is eliminated, this
Article shall expire and have no force or effect without the need for further action by either
the District or the Association. The District shall notify the Association in writing that the
PAR program funding has been eliminated.
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ARTICLE XVI
CONCLUSION
Completion of Negotiations
A. This Agreement represents complete collective bargaining and full agreement by

the parties with respect to wages, hours of employment, and other terms and conditions
of employment which shall prevail during the term or terms hereof. Any matter or subject
not herein covered has been satisfactorily adjusted, compromised, or waived by the parties
for the life of this Agreement.
B. The parties understand and agree that, as to all matters not covered by this
Agreement, there shall be no duty on the part of the parties to meet and negotiate further
during the term of this Agreement unless the parties mutually agree to negotiate on a
subject.
C. The District is not bound by any past practices or understandings unless the same
are specifically set forth herein.
1. The specific provisions of this Agreement shall prevail over any District past
practice or procedure.
2. In the absence of a specific provision in this Agreement, any past practice or

procedure is hereby declared to be discretionary on the part of the District.
3. When references are made to statute (e.g., Education Code), such

references are for information only and do not subject the provision of such statutes
to the grievance processes of this Agreement.
D. The Exclusive Representative understands and agrees that consistent with the laws
of the State of California, the right, power, prerogative, and authority to manage, control,
and direct the operations and affairs of the District and to take whatever actions necessary
to maintain the operations in situations of emergency, are reserved exclusively to the
District and the Board of Trustees, except as those or any other theretofore unspecified
rights, powers, and prerogatives, and authorities are by this Agreement expressly and
specifically limited, abridged, or modified by this Agreement in the manner and to the
extent authorized by law.
E. In the event that any portion of this Agreement is found to be unlawful by any
competent agency or court, the rest of the Agreement shall remain in full force and effect.
F. In the event provisions of this Agreement are modified by law, the parties shall, on
appropriate notice, meet to negotiate over the modifications.
G. One copy of the rules and regulations, policies, and amendments shall be
maintained on an up-to-date basis in the library of each school on a check-out basis. One
39
copy of the rules and regulations, policies, and amendments shall be provided to the
ASSOCIATION president.
H. The Exclusive Representative understands and agrees that, except during the
negotiations of reopener provisions, there will be no strike, work stoppage, slow-down,
picketing in furtherance or support of a strike, work stoppage, or slow-down, or other
interference with the operations of the District by the Exclusive Representative or by its
officers, agents, members, or representatives during the term of this Agreement, including
any request to or compliance with the request of other organization(s) to engage in such
activity. In the event of a strike, work stoppage, slow-down, or other interference with the
operation of the District by employees who are represented by the Exclusive
Representative, the Exclusive Representative agrees in good faith to take all necessary
steps to cause those employees to cease such action. Furthermore, employees may not
use personal necessity leave for the activities listed above.
I. The parties agree to reopen negotiations on Article III (Salaries) and Article IV
(Health and Welfare Benefits) and up to two (2) other unspecified articles for each party
for the 2017-18 and 2018-19 school years. This agreement shall remain in effect until June
30, 2019.
40
RECOMMENDED FOR RATIFICATION
FOR THE DISTRICT: FOR THE ASSOCIATION:
GEORGIA RHETT DIANA ANTHONY

Assistant Superintendent Bargaining Team Chair
Dated: Dated:
41
RATIFIED AND ACCEPTED
By his/her signature below, each representative certifies that he/she is the

authorized representative of his/her principal, that all actions necessary for the principal to
ratify and accept this document as a binding and bilateral Agreement have been completed
in the manner required by that party and by law, and that the Agreement is hereby entered
into without the need for further ratification and acceptance.
For the District: For the Association:
_____________________/___________ _____________________/___________
GEORGIA RHETT Date DIANA ANTHONY Date
Assistant Superintendent Bargaining Chair
_____________________/___________ _____________________/___________
CHRISTOPHER DAVIS Date PENNY ROBERTS Date
Chief Business Official Bargaining Team Member
_____________________/___________ _____________________/___________
EMMA PEREIDA-MARTINEZ Date ELIZABETH AGUILAR Date
Director of Human Resources Bargaining Team Member
_____________________/___________ _____________________/___________
KATHIE KOUKLIS Date KIM PAINTON Date
Director of Student Services Bargaining Team Member
_____________________/___________
JOHN BULLARD Date
Bargaining Team Member
42
APPENDIX A

737 Bear Mountain Blvd
Arvin, California 93202
CERTIFICATED SALARY SCHEDULE 2015-16
43
APPENDIX A-1

CHILDREN'S CENTER SALARY SCHEDULE 2015-16
44
APPENDIX A-2

SCHOOL NURSE SALARY SCHEDULE 2015-16
203 Days Per Year
45
APPENDIX A-3

TEACHER ON SPECIAL ASSIGNMENT SALARY SCHEDULE 2015-16
205 Days Per Year
46
APPENDIX A-4

SPEECH PATHOLOGIST
185 Days Per Year
47
APPENDIX A-5
COACHES’ SALARY SCHEDULE
SPORT ANNUAL RATE
7th/8th Grade Football $ 2,000.00

7th/8th Grade Volleyball $ 2,000.00
7th/8th Grade Girls Basketball $ 2,000.00
7th/8th Grade Boys Basketball $ 2,000.00
7th/8th Grade Boys Soccer $ 2,000.00
7th/8th Grade Girls Soccer $ 2,000.00
4th - 6th Grade Girls Football or Volleyball $ 700.00
4th - 6th Grade Boys Football or Volleyball $ 700.00
4th - 6th Grade Girls Basketball $ 700.00
4th - 6th Grade Boys Basketball $ 700.00
4th - 6th Grade Girls Soccer $ 700.00
4th - 6th Grade Boys Soccer $ 700.00
4th - 6th CO-ED Softball Team $ 700.00
6th - 8th Grade Softball $ 600.00
Cross Country $ 500.00
Track $ 500.00
4th through 6th grade coaches will be required to have a minimum of 20 hours of contact a
season with their athletes. This breaks down to four (4) hours a week for five (5) weeks
based on three (3) days per week. EX. Day 1: Practice 1 hour, Day 2: Practice 1 hour,
Day 3: Practice/Game 2 hours.
7th and 8th grade coaches will be required to have a minimum of six (6) hours of contact
for eight (8) weeks during the regular season, inclusive of league competitions and travel.
All District approved qualifying competitions outside of the regular season shall be
compensated at $40.00 per hour.
48
APPENDIX B
SALARY SCHEDULE PLACEMENT RULES
A. Classifications:
Class A - Teacher serving under a regular California credential.
Class A-1 - B.A. plus 12 semester hours or 18 quarter hours.
Class A-2 - B.A. plus 24 semester hours or 36 quarter hours.
Class B - B.A. plus 36 semester hours or 54 quarter hours of M.A.
Class C - B.A. plus 48 semester hours or 72 quarter hours of M.A., plus 12

semester or 18 quarter hours.
Class D - B.A. plus 60 semester hours or 90 quarter hours or M.A. plus 24

semester hours or 36 quarter hours.
B. Credentials:
1. Regular credential shall be classified as the credential used on

assignment level or position the employee is employed to fill.
2. Credential shall be earned and applied for by September 1.
3. The District shall bear the cost of any emergency credential for
employees who are assigned teaching duties outside of their current
credential. This proviso applies only to those persons who are employed by
the Board and subsequently have their assignment changed and must obtain
an emergency credential in order to work in that assignment.
4. Effective July 1, 2001, employees new to the District with “emergency

permits” will remain in Column A of the Certificated Salary Schedule,
irrespective of units earned beyond the Bachelor’s degree, until the beginning
of the school year in which they provide a “credential” from the State.
Teachers employed in the 2000-2001 school year who are working under an
“emergency permit” in subsequent school years will not be allowed to move
beyond their 2000-2001 column placement on the Certificated Salary
49
Schedule until the beginning of the school year in which they provide a
“credential” from the State.
C. Unit Increment:
1. The annual stipend for a Master's Degree is $1,500. The annual

stipend for teachers who have achieved National Board Certification is
$2,500.
2. Unit increment shall be units received after regular credential (or

equivalent) and degree.
3. Intent to gain college or university credits beyond regular credential

shall be filed in the administration office on or before March 1, to apply on the
following year's contract, and work must be completed by September 1.
4. Effective July 1, 2001, all units submitted for salary increase shall be
verified by an official transcript of all credits (or documentation acceptable to
the District such as an original grade card or a signed statement from the
instructor) submitted to the District office by August 10 of each school year
in order to immediately implement salary increases on an “eleven pay” basis.
For employees who submit verification from August 11 through September
10, the salary increases will be retroactive and will distributed over the ten
(10) remaining checks on a pro-rata basis.
5. The District shall provide each employee a yearly statement of the

number of units that the District has on file for the employee.
D. Experience:
1. Effective July 1, 1990, previous experience outside the District and

outside the state is recognized on a year-for-year basis up to a maximum of
eight years (Step 9). The eight years of previous experience must have
occurred within the last ten school years. Up to two years of prior experience
shall be granted to employees with previous experience outside the District
and outside the State, hired before July 1, 1985.
2. Effective July 1, 1999, teachers on half-year assignment will be given

one-half years' service credit on the salary schedule. Teachers that were
employed half-year during the 1998-99 school year and taught half-time
during the 1999-2000 school year will be given an additional year of service
credit effective July 1, 1999.
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E. Military:
1. Teachers returning to the teaching profession from military service

shall receive a full increment step for each year spent in actual service draft
to a maximum of three years.
2. The teacher shall be employed in the District at the time of induction.
3. Teachers shall return to the District at the end of induction service or

at the beginning of the next school year after termination of induction to
qualify for term one of this paragraph.
F. Anniversary Increment:
Anniversary increments shall be paid to employees who qualify for placement on

the Salary Schedules for Preschool Teachers, and Nurse, as provided in
Appendices A-1 and A-2 respectively. Migrant Resource Teacher, Technology
Coordinator, and Teacher on Special Assignment, shall be compensated as
provided in Paragraph G of Article III, Salaries.
G. Longevity Stipend
1. An annual longevity stipend of $1,500 will be provided to teachers at the

beginning of their twenty-fifth year of service to the Arvin Union School District and
shall continue each year thereafter. Up to 12 (twelve) years of service outside of
the District shall be credited toward the longevity stipend service eligibility.
2. An additional annual longevity stipend of $1,500 will be provided to teachers

at the beginning of their thirtieth year of service to the Arvin Union School District
and shall continue each year thereafter. Up to 12 (twelve) years of service outside
of the District shall be credited toward the longevity stipend service eligibility.
3. Using $1500.00 as the base amount, (2005-2006), the longevity increments

at 25 and 30 years of service to the Arvin Union School District shall be increased,
beginning with the 2006-2007 school year, by the percentage of the on-schedule,
across-the-board salary increase for this and subsequent school years. Up to 12
(twelve) years of service outside of the District shall be credited toward the longevity
stipend service eligibility.
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APPENDIX C
GENERAL PROVISIONS
A. Employees who use their own automobiles on District business, including travel on
assignment between schools, shall be reimbursed at the rate approved by the Board of
Trustees. If an employee has need to use a District vehicle for school purposes, the
employee must submit a request for use of the District vehicle to the immediate supervisor.
Request must be submitted at least two weeks prior to the date of intended use. Forms
shall be made available by the District.
B. Employees on District-approved trips shall be reimbursed according to the United

States GSA guidelines or Board Policy, whichever is greater.
C. Employees attending District approved trainings outside of their regular workday

shall be compensated at the rate of $250.00 per day.
D. Daily rate of pay shall be computed on the following basis:
1. Returning employees:
Daily rate of pay = Annual Contract Salary
185
2. New employees:
Daily rate of pay = Annual Contract Salary
187
E. The hourly rate of pay for student/teacher instructional time including home
teaching, migrant extended day, after school intervention program, migrant Saturday
school (Teacher participation in the District supplemental educational services pursuant to
Education Code Section 37252.5 shall be voluntary), migrant summer school resource
teacher, winter academy and summer school shall be $50.00.
F. The hourly rate of pay for the extra-duty categories listed below shall be at the rate
of $40.00.
Student Leadership Magic Mountain Trip

Honor Society Camp KEEP
Science Fair Technology Assistants
Choir Program - 2 nights
Drama - 1 night/2 employees
Band Activities
AVID Activities
52
These extra-pay duties require the prior approval of the Superintendent or designee and
are available up to a maximum of four hours following a regular school day and up to a
maximum of eight hours on other than regular school days. Pay shall be in one-half hour
increments and shall not be overlapping with regular pay.
G. Coaching compensation per sport is specified in Appendix A-3 which is attached to

this Agreement. The extra-pay duties require the prior approval of the Superintendent or
his/her designee.
H. The Band Director shall be provided an annual stipend of $2,500 to teach a zero
period class on a daily basis.
I. The following stipends shall be paid as specified:
1. The Oral Language Facilitator $500

2. Headliner Facilitator (one teacher) $400
3. History Day Facilitator (one teacher) $600
4. Math Field Days Facilitator (one teacher) $800
5. AVID Facilitator $500
6. Academic Pentathlon (one teacher) $400
7. SST Coordinator $700
8. Intern Coach $800 Per Intern
9. Yearbook Coordinator $1200
10. Intramural Coordinator $1200 Per Season
11. PAR Facilitator $2000
12. BTSA Facilitator $2000
13. Spelling Bee Facilitator $500
14. FNL Facilitator $800
15. Athletic Director $2000
16. Common Core Liaison Teacher $600
17. Battle of the Books Coordinator $500
J. All stipend positions in Appendix A-3 and C to be funded will be posted each year.
53
APPENDIX D
CERTIFICATED TRANSFER REQUEST FORM

ARTICLE VII, ATA Voluntary Unit Member Transfer Request
This request is valid from July 1st through October 1st of the following school year and must be
filed directly with Personnel Services by the person making the request. This request will be
kept confidential if you check here: 
UNIT MEMBER FULL NAME:

UNIT MEMBER SIGNATURE:
UNIT MEMBER ADDRESS: ZIP:
UNIT MEMBER PHONE: UNIT MEMBER SUMMER PHONE:
PRESENT SCHOOL OR DEPARTMENT:
GRADE/SUBJECT:
Do you have any relatives currently working for the Arvin Union School District? If so,
please provide complete information below for all relatives currently working for our District.
Attach additional page if necessary.
Relative's Name School/Department Relationship
Date of request:
My last voluntary transfer was on

from to .
(Date, School Site & Subject/Grade Level)
I will accept a combination of the grade or subject chosen.

I will not accept a combination of the grade or subject chosen.
All voluntary transferees need to complete the following information:
*************************************************************************************
I voluntarily request, and will accept the following voluntary transfer per Article VII. Any changes
to this request must be initialed by unit member or representative in writing and received prior to
the transfer assignment process. Only specific requests will be considered; however, some
assignments may be a combination of grades or subjects. Personnel Services will notify unit member
of their assignment as soon as they can be contacted.
Voluntary transfers may be processed anytime throughout the school year; however, the actual move
of the staff member will be at the beginning of the school year only, unless a vacancy opens up for
which the member has a valid transfer request currently on file.
Specific School (1a, 2a, 3a) and Grade or Subject (1b, 2b, 3b), in order of preference:
1a.
1b.
2a.
2b.
3a.
3b.
Transfer request received and on file:

_____________
Date: Secretary, Personnel Services
DISPOSITION OF REQUEST
Transfer assignment granted to:
A signed copy will be returned to the employee
54

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COLLECTIVE BARGAINING AGREEMENT

ARVIN UNION SCHOOL DISTRICT

ARVIN TEACHERS ASSOCIATION

JULY 1, 2016 - JUNE 30, 2019

III SALARIES ............................................................................................................. 4

IV HEALTH AND WELFARE BENEFITS ................................................................... 6

V TEACHING HOURS .............................................................................................. 9

VII TRANSFERS/REASSIGNMENTS ....................................................................... 16

VIII EMPLOYEE EVALUATION PROCEDURES ....................................................... 21

IX PERSONNEL FILES ............................................................................................ 23

X CLASS SIZE ........................................................................................................ 24

XI SAFETY CONDITIONS OF EMPLOYMENT ....................................................... 25

XII EXCLUSIVE REPRESENTATIVE'S RIGHTS ...................................................... 26

XIV REPORTING OF CHILD ABUSE ......................................................................... 31

XV PEER ASSISTANCE AND REVIEW PROGRAM ................................................ 32

XVI CONCLUSION ..................................................................................................... 39

RECOMMENDED FOR RATIFICATION.............................................................. 41

RATIFIED AND ACCEPTED ............................................................................... 42

A CERTIFICATED SALARY SCHEDULE ............................................................... 43

A-1 CHILDREN'S CENTER SALARY SCHEDULE .................................................... 44

A-2 SCHOOL NURSE SALARY SCHEDULE............................................................. 45

A-3 TEACHER ON SPECIAL ASSIGNMENT SALARY SCHEDULE ......................... 46

A-4 SPEECH PATHOLOGIST.................................................................................... 47

A-5 COACHES' SALARY SCHEDULE ....................................................................... 48

B SALARY SCHEDULE PLACEMENT RULES ...................................................... 49

C GENERAL PROVISIONS .................................................................................... 52

D CERTIFICATED TRANSFER REQUEST FORM ................................................. 54

B. This Agreement is entered into pursuant to Sections 3540-3549 of the California

C. The District is an Affirmative Action/Equal Employment Opportunity Employer.

A. The District recognizes the Arvin Teachers Association/CTA/NEA, as the Exclusive

B. Positions in the unit shall be filled by employees authorized by law to render

3. The District will attempt to assign aide time on an equitable basis.

B. General regulations pertaining to related economic issues are included in this

1. Probationary employees must have performed services for 75% of the

2. The Salary Schedule for Children's Center employees is included in this

3. The Salary Schedule for School Nurse is included in this Agreement as

PT Work Hours x PT Workdays x Regular Salary = PT Salary

G. Migrant Resource Teacher, Technology Coordinator and Teacher on Special

H. Employees working on curriculum projects approved by the Superintendent shall

Bilingual and Language Development Stipends

I. Employees teaching in a dual immersion class shall receive a stipend as follows:

Spanish Dual = $2,000

1. The District shall implement the provisions of the Golden Handshake, as

M. Certificated employees working more than 185 contractual days will be

1. The District agrees to a no-fault attendance incentive program to improve

2. The program is not designed to encourage employees who are ill to be at

3. Employees shall receive attendance rewards as specified below:

0 days missed in a trimester = $250

Employees may earn up to three (3) incentives in each school year.

5. Perfect attendance is defined as no absences with the exception of

6. Incentives are considered income and, as such, subject to normal taxes.

3. California Vision Services Insurance Signature C, $20 deductible.

a. Employees who terminate employment at the end of the school year

b. Employees who are employed subsequent to the first day of the

1. The 7½ or 15-year period shall be immediately preceding the attainment of

2. A medically documented leave of absence approved by the Board of

2. Those persons initially employed on or after July 1, 1992, shall be entitled to

3. The provisions of Section G. 1 will not be available to persons initially

H. No in-lieu payments or contributions to insurance carrier programs other than those

I. Employees who are certified as disabled by the California State Teachers

1. When a “Rainy Day Schedule” is declared by the District, employees shall

1. Classroom or assigned work areas include the work-room, if any, library,

3. Employees teaching departmentalized schedules shall work on the same