Article 9 - Miscellaneous Provisions

9.1            If any provisions of this Agreement or any application thereof to any unit member is held by a court of competent jurisdiction to be contrary to law, then such provision or application will be deemed invalid, to the extent required by such court decision, but all other provisions or applications shall continue in full force and effect.

9.2            Should a provision or application be deemed invalid, as described in 9.1 above, the Board shall reinstitute any benefit reduced or eliminated to the extent allowable under law.  Moreover, the parties shall meet no later than ten (10) days after such court decision to renegotiate the provision or provisions affected.

9.3            The provisions of this Agreement shall be interpreted and applied in a fair and impartial manner.

9.4            The District and the Association agree that all Education Code procedural requirements and provisions for layoff of unit members shall be observed if reduction in force is necessary.

9.5            As a minimum, each unit member shall be provided with specifically designated storage space.  Traveling classroom teachers shall be provided with secure storage space in each assignment classroom when such storage space is available.  If the unit member's classroom is to be used during summer school, adult education, or college classes, the storage space shall be made reasonably secure.

9.6            No later than the end of the first school month, the District shall provide each new unit member with a copy and explanation of the laws relating to the unit member's responsibilities of reporting child abuse and materials on how to recognize child abuse.

9.7            State regulations will be followed when a unit member is disciplined or discharged.

9.8            It is desirable for all District employees to treat one another in a professional manner.  Whenever possible, disciplinary conferences shall be held in private.

9.9            At the end of each certificated payroll period, the District shall forward to the Association by separate checks, unit members' designated contributions in up to 10 categories as established by the Association.  The Association will pay the District $200 per year for the performance of this service.

9.10          At a disciplinary conference a unit member will be given the opportunity for a witness if the conference could result in materials that could be placed in the unit member's personnel file.

9.11          Before any non-evaluation derogatory material can be placed in the bargaining unit member's personnel file, a meeting between the bargaining unit member and the administrator must be sought to discuss the material to be placed in the file.

9.12          In the event the bargaining unit member and the administrator cannot agree on the accuracy of the non-evaluation derogatory material, the Deputy Superintendent of Human Resources and/or his/her designee shall meet upon written request by the bargaining unit member with the administrator and the bargaining unit member to make a final decision as to the placement of the material.  The decision of the Deputy Superintendent, Human Resources or his/her designee, as to whether material will be included in the file, is final and is not subject to the grievance procedure contained in this Agreement.

9.13          Bargaining unit members at a school with a year-round schedule will have priority in placing their children on the same track as their teaching assignment.

9.14          Each elementary unit member shall receive a tentative notice from his/her principal of grade level assignments for the subsequent school year as soon as it becomes known.

9.15          The parties seek to educate young people in the democratic tradition, to inspire meaningful awareness of and respect for the Constitution and the Bill of Rights, to instill appreciation of the value of individual personality and to foster recognition of individual freedom and social responsibility.  It is recognized that these democratic values can best be transmitted in an atmosphere which is conducive to inquiry and learning and in which academic freedom for teacher and student is encouraged.

In accordance with approved State and District curriculum guidelines, academic freedom shall be guaranteed to teachers and they shall be encouraged to study, investigate, present and interpret objectively facts and ideas concerning man, society, and physical and biological work, and other branches of learning subject to established courses of study.

  9.16          (a)      To the extent possible, all classroom visitations shall be scheduled in advance through the site administrator.

                 (b)      Classroom visitations shall be scheduled to minimalize disruption to classroom activities whenever possible, taking into account the needs of the school, the teacher, the parent, and the students, per Board Policy No. 1210.

(c)      Whenever a teacher reasonably believes that a classroom visitation has been unduly disruptive, or in any other way is violative of Education Code

           Sections 44810 or 44811, the teacher shall report the disruption to the site administrator, who shall investigate the matter and take appropriate action.

9.17          (a)      Any written citizen or parent complaint about a unit member or his/her instructional program which may affect the member's evaluation or status within the District shall be reported within five (5) working days of the complaint to the unit member by the immediate supervisor or the manager receiving the complaint or charge

(b)      Charges against a unit member shall be kept confidential.

 (c)      Unit members shall have the right to file a response to any written charges.

                 (d)      Anonymous complaints, charges or complaints which are withdrawn or shown to be false shall not affect the unit member's evaluation or status within the District, and all documentation of such charges or complaints shall be purged from the unit member's file.

9.18          All schools will utilize computer generated report cards.  At all elementary and intermediate levels, report cards shall be issued on a trimester basis.  At the high schools, report cards will issued on a semester basis.

9.19          Taking into consideration space utilization at each site, to the extent practicable itinerant support staff will be provided an area at each work site, consistent with their work requirements, to complete their duties.

9.20          Any high school undergoing a full WASC accreditation will have the option of customizing their student schedule to incorporate up to five (5) student minimum days.  Any high school undergoing a mid-term (three-year) WASC accreditation review following a full, six (6) year accreditation may, upon request, customize their student schedule to incorporate up to three (3) student minimum days.  The instructional minutes of the remaining days will be increased to make up any student time lost as a result of the aforementioned minimum days.  The school site council will work with the principal to determine the number of days and the schedule of minimum days.  Such schedule will be submitted to the Deputy Superintendent no later than March 1st of the year preceding the review.

9.21          On a monthly basis one substitute will be available at each site for class coverage so that unit members can participate in IEPs or SSTs.

9.22          Certificated employee will be able to enroll their children at the school where they are employed or at the non-magnet school serving the site where they are employed.

                 Certificated employees living in the District may apply to enroll their children at any magnet school using the same procedure as designated for the public.  If accepted to the magnet school, track assignment shall be made as per the collective bargaining agreement.

                 Certificated Employees living outside of the District who work at a magnet school will be able to enroll their children on at that magnet school.  These magnet school employees may enroll their children at the non-magnet school serving the site where they are employed.

                 Except at magnet schools, students of certificated employees on T track shall be given track change priority for a track containing common summer vacation.

                 Students of T track employees who gain access to magnet schools using the same procedure as designated for the public shall have the same access for track assignments as any other student at the magnet school.