Substitute personnel may be employed on an on-call, day-to-day basis.

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1 Certificated Personnel AR 4121(a) TEMPORARY/SUBSTITUTE PERSONNEL Hiring The Governing Board may employ substitute certificated personnel to fill positions of regularly employed persons absent from service. (Education Code 44917) Substitute personnel may be employed on an on-call, day-to-day basis. In addition, after September 1 of any school year, the Board may employ substitute personnel for the remainder of the school year for positions for which no regular employee is available. The district shall first demonstrate to the Commission on Teacher Credentialing the inability to acquire the services of a qualified regular employee. (Education Code 44917) During the period of their preferred right to reappointment, permanent and probationary certificated employees who have been laid off due to a reduction in force shall be offered prior opportunity for substitute service. (Education Code 44955, 44956, 44957) Classification The Board may classify as a temporary employee a teacher who is employed at least one semester and up to one school year. Persons whose service begins in the second semester and before March 15 may be classified as temporary employees even if employed for less than a semester. The Board shall determine the number of persons who shall be so employed based on the absence of regular employees due to leaves or long-term illness. (Education Code 44920) The Board also shall classify as temporary employees those certificated persons, other than substitute employees, who are employed to: 1. Serve from day to day during the first three months of any semester to teach temporary classes which shall not exist after that time, or perform any other duties which do not last longer than the first three months of any semester (Education Code 44919) 2. Teach in special day and evening classes for adults or in schools of migratory population for not more than four months of any semester (Education Code 44919) 3. Serve in a limited assignment supervising student athletic activities provided such assignments have first been made available to teachers presently employed in the district (Education Code 44919)

2 AR 4121(b) TEMPORARY/SUBSTITUTE PERSONNEL (continued) 4. Serve in a position for a period not to exceed 20 working days in order to prevent the stoppage of district business during an emergency when persons are not immediately available for probationary classification (Education Code 44919) At the time of employment and each July thereafter, the Board shall classify substitute and temporary employees as such. (Education Code 44915, 44916) Each new substitute and temporary employee shall receive a written statement at the time of initial employment during each school year indicating his/her employment status and salary. This statement shall clearly indicate the temporary nature of employment and the length of time for which the person is being employed. (Education Code 44916) The Superintendent or designee shall ensure that substitute and temporary employees are appropriately trained, assigned, oriented and evaluated. Qualifications Any person employed on a substitute or temporary basis in a position requiring certification qualifications shall possess the appropriate credential or permit authorizing his/her employment in such positions and shall meet all other requirements of law for certificated positions. All persons employed on a substitute or temporary basis in a capacity designated in his/her credential shall be required to demonstrate basic skills proficiency in reading, writing and mathematics pursuant to Education Code , unless exempted by law. (Education Code 44830) Qualifications for Special Education A noncredentialed person shall not substitute for any special education certificated position. (Education Code 56060) A person holding a valid credential authorizing substitute teaching may serve as a substitute for a special education teacher for a period not to exceed 20 school days unless, upon application by the district, a 20-day extension is approved by the Superintendent of Public Instruction. In extraordinary circumstances the district may seek an extension longer than 20 days. (Education Code 56061)

3 AR 4121(c) TEMPORARY/SUBSTITUTE PERSONNEL (continued) In placing substitute teachers in special education classrooms, the district shall give first priority to substitute teachers with the appropriate special education credential and second priority to substitute teachers with any other special education credential. If no substitute with a special education credential is available, the district shall use a substitute teacher with a regular teaching credential. (Education Code 56062) The Superintendent or designee shall recruit and maintain lists of appropriately credentialed substitute teachers. He/she shall contact institutes of higher education with approved special education programs for possible recommendations of appropriately credentialed special education personnel. (Education Code 56063) Salary/Benefits The Board shall adopt and make public a salary schedule setting the daily or pay period rate(s) for substitute employees for all categories or classes of certificated employees of the district. (Education Code 44977, 45030) If an employee who was previously laid off due to a reduction in force serves as a substitute employee for 21 days or more within a period of 60 school days, he/she shall receive compensation at a rate equal to or greater than the amount he/she would have received upon reappointment. (Education Code 44956) Release from Employment/Dismissal The Board may dismiss substitute employees at any time at its discretion. (Education Code 44953) The Board may release temporary employees at its discretion if such employees have served less than 75 percent of the school year. Temporary employees who have served 75 percent or more of the school year may be released as long as such employees are notified before the end of the school year of the district's decision not to reelect them for the following school year. (Education Code 44954) Reemployment Rights With the exception of on-call, day-to-day substitutes, a temporary or substitute employee who served at least 75 percent of the previous school year and who was not released pursuant to Education Code prior to the end of the school year shall be reemployed for the following school year to fill any vacant positions in the district. (Education Code 44918)

4 AR 4121(d) TEMPORARY/SUBSTITUTE PERSONNEL (continued) With the exception of on-call, day-to-day substitutes, temporary or substitute employees who were released pursuant to Education Code but who have nevertheless served for two consecutive years, for at least 75 percent of each year, shall receive first priority if the district fills a vacant position for the subsequent school year at the grade level at which the employee served during either year. In the case of a departmentalized program, the employee shall have taught the subject matter in which the vacant position occurs. (Education Code 44918) EDUCATION CODE State basic skills assessment required for certificated personnel Emergency teaching or specialist permits Employment of certificated persons; requirements of proficiency in basic skills Employment of retirant Criteria for reemployment preferences Substitute and probationary employment in computation for classification as permanent employee Classification of probationary employees Time of classification; statement of employment status Classification of substitute employees Substitute or temporary employee deemed probationary employee; reemployment rights Classification of temporary employees Employment of certain temporary employees; classifications Employment of temporary employees; reemployment rights (unified and high school districts) Dismissal of substitute employees Release of temporary employees Rights of laid-off permanent employees to substitute positions Rights of laid-off probationary employees to substitute positions Salary schedule for substitute employees Substitutes Computation of salary Alternative method of computation for less than one school year Compensation for employment beginning in the second semester Substitute teachers in special education CODE OF REGULATIONS, TITLE Filing of notice of physical examination for employment of retired person 5503 Physical examination for employment of retired persons Regulation approved: November 13, 2003

5 All Personnel BP TEMPORARY ATHLETIC TEAM COACHES 4327 The Governing Board recognizes the importance of hiring qualified temporary athletic team coaches for the district s sports program. The Superintendent or designee shall establish qualification criteria for all athletic coaches in accordance with law and with district standards and priorities. These criteria shall ensure that all temporary coaches possess an appropriate level of competence, knowledge and skill. Any certificated teacher employed by the district who applies for a position as a temporary athletic team coach and who satisfies the qualification criteria established for the position shall first be offered the position. (Education Code 44919) In addition, all coaches shall be subject to Board policy, administrative regulation and the codes of ethical conduct published by the state and the California Interscholastic Federation. Volunteer Coaches Volunteer athletic team coaches shall meet all the qualification criteria required of temporary athletic team coaches employed by the district. EDUCATION CODE Interscholastic athletic program and activities Sex offense Controlled substance offense Conviction of a crime Liability when students are not on school property Classification of temporary employees CODE OF REGULATIONS, TITLE Supervision of extracurricular activities of pupils Duties of temporary athletic team coaches COURT DECISIONS CTA v. Rialto Unified School District, (1997 )14 Cal. 4th 627 San Jose Teachers Association, CTA, NEA v. Barozzi, (1991) 230 Cal. App. 3d 1376, 281 Cal. Rptr. 724

6 Certificated Personnel BP 4131(a) STAFF DEVELOPMENT The Governing Board believes that in order to maximize student learning certificated staff members must be continuously learning and improving their skills. The Superintendent or designee shall develop a program of ongoing professional development which includes opportunities for teachers and certificated teaching assistants to enhance their instructional and classroom management skills and increase their knowledge of academic content in the core curriculum. The program may include but is not limited to: 1. Mastery of discipline-based knowledge, including the state-adopted standards, and effective subject-specific pedagogical skills 2. Teaching methods and strategies, including the use of technologies to enhance instruction 3. Sensitivity to the needs of diverse student populations, including minorities, students with disabilities, English language learners and economically disadvantaged students, and ability to meet those needs 4. Understanding of how academic and vocational instruction can be integrated and implemented to increase student learning; skill in evaluating and combining available instructional resources; opportunities to collaborate with other staff members in the alignment of academic and vocational curricula 5. Knowledge of strategies that enable parents/guardians to participate fully and effectively in their children's education 6. Ways to teach the whole child 7. Effective classroom management skills, ability to relate to students, understand their various stages of growth and development, and motivate them to learn 8. Training related to student health, safety and welfare The district's staff development program shall provide maximum opportunities for staff participation without impacting the number of instructional days offered to students as required by law. The Superintendent or designee shall ensure that the district meets its obligations related to the professional growth of individual probationary and permanent teachers. (see next page)

7 BP 4131(b) STAFF DEVELOPMENT (continued) EDUCATION CODE Travel expense payment Standards for preparation for all students Professional growth requirements for maintaining valid credentials Beginning Teacher Support and Assessment Program (BTSA) Inservice preparation in ethnic backgrounds Inservice training - personnel, secondary education Instructional Time and Staff Development Reform Program Inservice training - personnel, elementary teachers Professional Development and Program Improvement Act of Administrator training and evaluation Classroom teacher instructional improvement program Inservice training in reading instruction, grades K-3 and Notification of parents/guardians: schedule of minimum days Courses of study for grades Courses of study for grades Legislative intent for staff development on the Great Irish Famine School-Based Program Coordination Act School-Based Pupil Motivation and Maintenance Program Staff development; service to persons with disabilities GOVERNMENT CODE Scope of representation of employee organization CODE OF REGULATIONS, TITLE Instructional time and staff development reform program Professional development and program improvement programs UNITED STATES CODE, TITLE School-to-Work Opportunities Act of Dwight D. Eisenhower Professional Development Program PUBLIC EMPLOYMENT RELATIONS BOARD DECISIONS San Mateo City School District, (1984) PERB Dec. No. 375, 8 PERC Jefferson School Districts, (1980) PERB Dec. No. 133, 4 PERC Management Resources: CTC PUBLICATIONS California Standards for the Teaching Profession: A Description of Professional Practice for California Teachers, 1997 LABOR LAW REPORTER Public Sector Labor Relations, Matthew Bender & Co., Inc. Rel. 2-5/91, Pub. 176, Section 11.05[14] WEB SITES CDE:

8 Certificated Personnel AR 4131 STAFF DEVELOPMENT The Superintendent or designee shall ensure that certificated staff members have opportunities to learn both from outside sources and from each other. These opportunities may include release time, leaves of absence or use of noninstructional time for: 1. Visits to other classrooms and other schools 2. Attendance at professional education conferences or committee meetings 3. Participation in professional development networks that promote inquiry and allow staff to analyze and evaluate each other's work 4. Peer conferences and/or joint staff preparation time 5. Discussions with representatives of business and community agencies for the purpose of identifying the skills, knowledge and aptitudes necessary for specific career paths and developing meaningful career-related, work-based learning experiences 6. Internships in industry and community agencies where teachers can learn how academic skills are used in the workplace 7. Travel, study and research in subject matter content and effective educational practices 8. Training classes and workshops offered by the district, county office of education or state projects 9. Training in institutions of higher education, including credit courses conducted in or near the district whenever possible 10. Follow-up activities that help staff to implement newly acquired skills The Superintendent or designee shall provide an up-to-date professional library for use by staff. Regulation approved: November 13, 2003

9 Certificated and Classified Personnel BP (a) PROFESSIONAL GROWTH Intent San Carlos School District encourages all certificated and classified personnel to keep current in their respective disciplines. The district shares responsibility for the identification of district needs and individual needs for personal/professional growth. The provision of opportunities for inservice training are cooperatively planned and reviewed with employees and post-secondary systems. The intent of this policy is to establish basic principles and regulations by which certificated and classified employees may be guided in the attainment of further professional growth and effectiveness through the acquisition of Professional Growth Units. All teachers with clear teaching credentials issued after August 31, 1995 shall obtain 150 clock hours every five years as planned with a Professional Growth Advisor, and certified by the Superintendent or designee that the program meets Education Code Persons failing to meet these requirements shall remain on the experience step for which they last qualified and shall advance from that step when the requirement of this section is met. The unit/hour equivalency herein established shall be applicable to change of classification on the salary schedule as well as for meeting the requirement above. The administration shall develop rules and regulations to implement this policy. Such rules and regulations shall provide for a Professional Growth Committee composed of teachers, classified staff, and administrators who shall process professional growth request. Definitions PGU: Professional Growth Unit. One PGU is equivalent to 15 district approved hours. PGC: Professional Growth Committee a committee whose function shall be to assess (process) professional growth proposals as needed. The membership of the PGC shall consist of: 1. One middle school principal or vice-principal 2. Two elementary school principals or district administration 3. One middle school teacher 4. Two elementary school teachers 5. Three classified employees

10 BP (b) PROFESSIONAL GROWTH (continued) The administrative members shall be appointed by the Superintendent. Teacher membership shall be selected by the San Carlos Teachers Association. Classified members shall be selected by the California School Employees Association. Members shall serve for three years and shall not succeed themselves. The PGC will meet a minimum of once a month. It shall be the responsibility of the committee to elect a chairperson and recorder, develop operating procedures and procedures to ensure for adequate dissemination of information. Members of the Professional Growth Committee shall receive one PGU for each year of service predicated upon a minimum of 15 hours of attendance. Qualifications Professional Growth Units for salary advancement must be goal directed and related to the Mission/Vision and curriculum of the San Carlos School District. 1. To earn hours toward Professional Growth Units, an inservice training, workshop or conference must have as one of its purposes, the professional growth of the teacher resulting in improved practice related to his/her present or anticipated school responsibility. 2. An inservice training, workshop or conference must be equivalent to content and requirements for upper division courses as taught in teacher-training institutions and involve, on the part of the participant, activities other than listening and taking notes. 3. District initiated inservice training or workshops (often arranged with a cooperating post-secondary institution which supplies the instruction) outside of the normal workday at which attendance is voluntary, may receive district professional growth hours for salary advancement. College university credit may be available by arrangement with the teaching institution with costs borne by the participant. 4. Professional growth hours for salary advancement may be earned through participation in selected committee work within the district. A maximum of 30 hours may be obtained from committee work in a school year and the committees that award PGU hours will be noted as a request for committee participation. 5. Pre-approved participation in staff designed Curriculum/Collaborative Partnership Projects related to the applicant s job responsibilities developed during non-work hours:

11 BP (c) PROFESSIONAL GROWTH (continued) a. Curriculum/Collaborative Partnership Projects: A petition made by two or more staff members preparing a curricular projects related to their areas of responsibility. The petition will include a description of the project s purposes, the product(s) to be developed and PGU hours requested in order to complete the project. The maximum PGU hours available for any project is 30 hours or two PGU s. Staff members may acquire up to four PGU s per year through Curriculum/Collaborative Partnership Projects. The petition is sent to the Professional Growth Committee for pre-post approval. b. Pre-approved participation in an audit capacity of a university course related to the teaching area of the employee when participation is undertaken at the expense of the employee and during non-working hours. 6. Professional growth hours for salary advancement may be earned through participation in courses known as Educational Seminar or Selected Topic Seminar. A maximum of 30 hours may be obtained from this type of course in each school year. Regulations No credit will be offered for lectures, seminars or workshops provided by the district during work time or occasionally after student hours in lieu of or as part of a faculty meeting at which attendance may be either mandatory or voluntary. When specific categorical programs require funds to be utilized for staff training, tuition payments and location will be governed by the conditions of the project and/or by approval of the Superintendent. Professional growth hours or units earned in other districts will not be considered in the placement of staff on the salary schedule of the San Carlos School District. Committee projects or activities should represent some tangible result or benefit in terms of improved practices, e.g., a course of study, a unit of work, etc. Curriculum/Collaborative Partnership Projects shall have, as one of their purposes, the professional growth of the staff member, resulting in improved practices related to his/her present or anticipated assignment, e.g., a brief, an abstract, a unit of work or a course of study. Only continuous, developmentally planned projects approved in advance may be counted for hours when they are carried over from one school year to the next.

12 BP (d) PROFESSIONAL GROWTH (continued) A maximum of six PGUs may be earned during any school year or a maximum of nine PGUs for any calendar year (July 1 June 30) Procedures Certificated personnel must submit all professional growth proposals to the Professional Growth Committee by May 15 of each school year for the purpose of receiving Professional Growth Units (PGU). Classified personnel may submit a proposal at anytime throughout the year. All professional growth hours must be completed by September 1 and verification of completion submitted to the Professional Growth Committee by September 15. Approval by the Professional Growth Committee must be received by the Personnel Department no later than October 15 in order that credit may be given for that school year. For proposal requesting Professional Growth Units, submit Form A to the Professional Growth Committee for consideration. Approval must be obtained prior to commencement of activity. Committee and Curriculum Projects Each individual on the committee requesting Professional Growth Units or a Curriculum/Collaborative Partnership Project will fill out Form A which will be submitted to the Professional Growth Committee and should include the following: 1. Performance outcomes 2. Products developed 3. PGU hours requests When work is completed the applicant will submit a copy of the above work (signed by the chairperson and/or administrator in charge) to the Professional Growth Committee, including dates, length of meetings and work accomplished. The Professional Growth Committee will approve or deny hours and notify the Personnel Office if approved. (see next page)

13 BP (e) PROFESSIONAL GROWTH (continued) EDUCATION CODE Requirements for professional growth CALIFORNIA CODE OF REGULATIONS, TITLE Generally, especially: Professional growth requirements definitions Specific renewal requirements Elements of professional growth plan and professional growth record Professional growth advisors, and employing agencies; roles and responsibilities Definition of professional growth activities Professional service requirements Management Resources: CTC PUBLICATIONS California Professional Growth Manual, second revision (1990)

14 Certificated Personnel AR PROFESSIONAL GROWTH When selecting professional growth advisors, the Superintendent or designee shall consider: (5 CCR 80556) 1. Subject matter compatibility, interest in special topics, and interactive skills 2. Proximity to the work location of the teacher and reasonable workload for the advisor The professional growth advisor shall: 1. Advise teachers of school district and state professional growth requirements. 2. Identify growth needs of the district. 3. Assist in defining the teacher's goals and objectives for professional growth. 4. Approve all plans prior to their implementation and upon completion. The Superintendent or designee shall provide all teachers with the names and work locations of the district's designated professional growth advisors. (5 CCR 80556) Regulation approved: November 13, 2003

15 All Personnel BP PUBLICATION OR CREATION OF MATERIALS 4332 The Governing Board recognizes that district employees may create copyrightable materials at work, at home, or both at work and at home. The development of copyrightable materials during, or in part during, the work day shall be approved by the Superintendent or designee. However, the Superintendent or designee's approval or lack of approval shall not affect the district's ownership of copyrights for materials developed during work hours. Materials written or developed by an employee during the normal school day are considered district property. (Education Code 60076, 17 USC 201) Materials developed during both school and leisure hours are owned jointly by the employee and the district. In such cases, the Superintendent or designee shall ensure that a contractual agreement is made, clarifying the joint ownership. A partnership entity may be created to hold the copyright on behalf of both parties. The Board may secure copyrights in the name of the district for all copyrightable works developed by the district. All royalties or revenues from these copyrights shall be used for the benefit of the district. (Education Code 35170) The Board may market or license any noneducational mainframe electronic software developed by the district. Proceeds from this marketing or licensing shall be used exclusively for educational purposes. (Education Code 35182) EDUCATION CODE Copyrights; use of funds Copyrights; use of employee work time Authority to secure copyrights Marketing or licensing noneducational mainframe electronic data-processing software Royalties or other compensation LABOR CODE Inventions made by an employee UNITED STATES CODE, TITLE Copyright Law 201(a) Copyright Law

16 All Personnel BP SOLICITING AND SELLING 4335 Employees shall not solicit district, students or their families with the intent to sell general merchandise, books, equipment or services. Staff shall not distribute promotional, political, controversial or other noninstructional materials unless approved by the Superintendent or designee. Staff members shall not use their status as district employees to secure information such as names, addresses and telephone numbers for use in profit-making ventures. Educational tours may be promoted on school premises only if they are sponsored by the district. Employees engaged in planning, organizing or leading tours as a private business shall make it clear that they do not represent the school or district. All activities related to such tours must be carried on outside of school hours and off school premises. Any classroom activity requiring students to bring money to school for any purpose must have the principal's approval. Staff participation in "flower funds," "sickness and bereavement funds," "anniversary funds" and the like shall be a matter of individual discretion. EDUCATION CODE Prohibited solicitations on school premises

17 All Personnel BP NONSCHOOL EMPLOYMENT 4336 The Governing Board recognizes that district employees may receive compensation for outside activities as long as these activities are not inconsistent, incompatible, in conflict with or inimical to the employee's duties or to the duties, functions or responsibilities of the district. Outside paid activities are incompatible with district employment if they require time periods that interfere with the proper, efficient discharge of the employee's duties, if they entail compensation from an outside source for activities which are part of the employee's regular duties, or if they involve using for private gain the district's name, prestige, time, facilities, equipment or supplies. District employees shall not perform, without prior Board approval, any outside paid service which will be wholly or in part subject to the approval or control of another district employee or a district officer. Upon determining that an employee's outside job is incompatible with district employment, the Superintendent or designee shall so inform the employee. An employee who continues to pursue an incompatible activity may be subject to disciplinary action. Appeals shall be addressed in accordance with law, Board policy and administrative regulations. EDUCATION CODE Authority of governing boards Broad authority of school districts Prohibited solicitation on school premises GOVERNMENT CODE 1126 Incompatible activities of employees

18 Certificated Personnel BP 4137 TUTORING The Governing Board expects teachers and other members of the instructional staff to make every effort to resolve students' learning problems at school before recommending that parents/guardians engage a tutor or other professional help. By maintaining a competent, dedicated staff and adequate instructional resources, the Board seeks to minimize the need for individual tutoring. To preclude conflicts of interest, teachers may not accept any kind of remuneration for tutoring a student enrolled in any of their classes. Teachers who tutor other students must make their own arrangements with parents/guardians for the fees to be charged. GOVERNMENT CODE 1126 Incompatible activities of employees

19 Certificated Personnel BP 4139 PEER ASSISTANCE AND REVIEW In order to assist teachers who may need additional development in subject matter knowledge and/or teaching strategies, the Governing Board shall work with the local teachers organization to establish and maintain a program of peer assistance and review linking participating teachers with exemplary teachers serving as consulting teachers. Consulting teachers shall provide sustained, intensive support including, but not limited to, multiple classroom observations, recommendations for staff development and regular meetings with participating teachers. The Superintendent or designee shall establish in accordance with law a joint teacheradministrator peer review panel to manage the program. Board decisions regarding the continued employment of an individual participating teacher shall include consideration of the results of the individual s participation in the peer assistance and review program and the recommendations of the consulting teacher and review panel. The Board shall coordinate policies and procedures related to the district s peer assistance and review program with other district activities for staff development, teacher support and staff evaluation. EDUCATION CODE Beginning teacher support and assessment Pre-internship teaching program District intern program Mentor teacher program Peer assistance and review program Evaluation of certificated employees Evaluation Management Resources: WEB SITES CSBA: CDE: California Commission on Teacher Credentialing: California Teachers Association: California Federation of Teachers:

20 Certificated and Classified Personnel BP BARGAINING UNITS The Governing Board recognizes the right of public school employees to form bargaining units, select an employee organization as the exclusive representative of their unit, and be represented by that organization in their employment relationship with the district. The Board is committed to negotiating in good faith and respecting the rights of employees and employee organizations. As required by law, the Board shall negotiate only with the exclusive representative of each bargaining unit. Employees shall not be intimidated, restrained, coerced or discriminated against, either by the district or by employee organizations, because of their membership or nonmembership in an employee organization. GOVERNMENT CODE Educational Employment Relations Act

21 Certificated and Classified Personnel BP COLLECTIVE BARGAINING AGREEMENT The Governing Board recognizes that collective bargaining agreements are legally binding, bilateral agreements. The Board is committed to carrying out the provisions of each agreement and expects the agreements to be consistently and uniformly administered. In order to help prepare for future negotiations, the Superintendent or designee shall identify any portions of the agreement that hinder the district's efforts to meet district goals. EDUCATION CODE Authority of governing boards Broad authority of school districts GOVERNMENT CODE Educational Employment Relations Act CODE OF REGULATIONS, TITLE Regulations of employee relations boards

22 Certificated and Classified Personnel CONCERTED ACTION/WORK STOPPAGE BP (a) The Governing Board recognizes the importance of maintaining positive relations with employees, employee organizations, parents/guardians and community members throughout the collective bargaining process. In the event of an impasse in negotiations, the Board shall make a good faith effort to reach an agreement with the employee organization through participation in state mediation and factfinding procedures. During any threatened or actual withholding of services, the Board shall keep parents/guardians and community informed about the status of district negotiations, the educational program and safety measures that have been taken by the district. When feasible, the Board desires to keep schools operating during any work stoppage. The Superintendent or designee shall take steps necessary in order to help ensure the safety of students, staff and district property during a work stoppage. Such steps shall be reported to the Board as soon as possible. The Board recognizes that preparation is necessary to reduce disruption during a work stoppage and to ensure that students receive the education to which they are entitled. The Superintendent or designee shall develop a written plan which shall delineate actions to be taken in the event of a strike or threatened strike. The plan shall include specific responsibilities of the Board and district staff, plans to maintain district operations, appropriate student instruction and supervision, as well as communication and safety issues. The Board believes that employees shall be held accountable for their behavior during any labor dispute. The district may take disciplinary action against employees, taking into account the seriousness of the behavior and the district s efforts to rebuild relations following the withholding of services by employees. (see next page)

23 BP (b) CONCERTED ACTION/WORK STOPPAGE (continued) EDUCATION CODE Contract with attorney in private practice Contract for legal services Instructional days GOVERNMENT CODE Educational Employment Relations Act, especially: Unfair labor practices Impasse procedures INSURANCE CODE Employee continuation of insurance coverage UNITED STATES CODE, TITLE Continuation coverage and additional standards for group health plan PUBLIC EMPLOYMENT RELATIONS BOARD DECISIONS Fresno Unified School District, 1982, PERB Dec. No. 208, 6 PERC Konocti Unified School District, 1982, PERB Dec. No. 217, 6 PERC Management Resources: CSBA PUBLICATIONS Before the Strike: Planning Ahead in Difficult Negotiations, 1996

24 Certificated and Classified Personnel BP NEGOTIATIONS/CONSULTATION The Governing Board is legally responsible for negotiating in good faith with exclusive employee representatives on wages, hours of employment, and other terms and conditions of employment identified in law as being within the scope of representation. (Government Code ) The Board recognizes its responsibility to represent the public's interests in the collective bargaining process. The Board and/or Superintendent shall keep the public informed about the progress of negotiations and the ways in which negotiations affect district goals. In reaching agreements on employee contracts, the Board shall pursue the priorities of the district in order to provide students with a high-quality instructional program based on a sound, realistic budget. Consultation The exclusive representative of certificated staff may consult with the Board on the definition of educational objectives, the determination of the content of courses and curriculum and the selection of textbooks. GOVERNMENT CODE Educational Employment Relations Act

25 Certificated and Classified Personnel BP (a) PUBLIC NOTICE - PERSONNEL NEGOTIATIONS Because the Governing Board has a responsibility to represent the public s interest in negotiations with employee organizations, the Board is committed to keeping the public informed about issues being negotiated, providing members of the public an opportunity to express their views, and disclosing the positions of Board members. Public Notice All initial contract proposals of the Board and an employee organization which relate to matters within the scope of representation shall be presented at a public meeting and shall thereafter be public records. (Government Code 3547) Meeting and negotiating between district and employee organization representatives shall not take place on these initial proposals until a reasonable time has elapsed after the submission of these proposals to enable the public to become informed and to express itself regarding the proposals at a public meeting. (Government Code 3547) After the public has had an opportunity to provide input, the Board shall adopt its initial proposal at a public meeting. (Government Code 3547) New subjects of meeting and negotiating arising after the presentation of initial proposals shall be made public within 24 hours. If a vote is taken on any such subject by the Board, each member's vote also shall be made public within 24 hours. (Government Code 3547) Public Disclosure Before entering into a written agreement covering matters within the scope of representation, the Board shall disclose, at a public meeting, the major provisions of the agreement, including but not limited to the costs that would be incurred by the district under the agreement for the current and subsequent fiscal years. (Government Code ) (see next page)

26 BP (b) PUBLIC NOTICE - PERSONNEL NEGOTIATIONS (continued) GOVERNMENT CODE 3547 Proposals relating to representation; informing public, adoption of proposals; new subjects; regulations Major provisions of agreement with exclusive representative CODE OF REGULATIONS, TITLE PERB regional office defined EERA and HEERA public notice: requirements for governing boards to adopt policy Filing of EERA or HEERA complaint Management Resources: CDE MANAGEMENT ADVISORIES Public Disclosure of Collective Bargaining Agreements, CSBA PUBLICATIONS Public Notice and Disclosure, Resource Guide for Employment Relations, December 1996 Maximizing School Board Leadership: Collective Bargaining, 1996

27 All Personnel BP COMPLAINTS 4344 The Governing Board recognizes the need for providing employees with a complaint process. The Board expects that employees and supervisors will make every effort to resolve employee complaints and disagreements informally before resorting to formal complaint procedures. The Superintendent or designee shall establish complaint procedures which allow employees to appeal to the Board. GOVERNMENT CODE 3543 Public school employees' rights Rights of employee organizations Definitions Filing complaint Reprisals Violations; punishment

28 All Personnel BP EMPLOYEE COMPENSATION 4351 In order to secure and hold staff committed to student learning, the Governing Board recognizes the importance of an attractive compensation package which includes salaries, health benefits and other amenities. The Board shall adopt separate salary schedules for certificated, classified, and management/supervisory/confidential personnel. These schedules shall comply with law and negotiated agreements and shall be printed and made available for inspection at the district office. Salary schedules for staff who are not a part of a bargaining unit shall be determined by the Board at the recommendation of the Superintendent or designee. EDUCATION CODE Mentor teacher stipends Salary deductions during absence Salaries, especially: Availability of salary schedule Salary schedule for certificated employees Salary schedule for substitutes Power of governing board to increase salaries Salaries for classified employees Salary schedule for classified service in merit system districts GOVERNMENT CODE Meeting and negotiating, especially: Scope of representation Duty to meet and negotiate in good faith

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