22: Year-round Education

ARTICLE 22: YEAR-ROUND EDUCATION

Section 22.1 - Introduction. The Association shall be informed of the designation of year-round school sites or discontinuance thereof, including grade levels, within two (2) school days following the Board of Education meeting where such designation is made.

In addition, if the District decides to implement YRE schools at grade levels other than K-6, it will give prompt notice of such intent to the Association and will meet and negotiate regarding issues arising because of the implementation at the additional grade levels. The

District and the Association will continue to discuss implementation of YRE programs during the term of the Agreement.

Provisions of this Article apply to Year-Round schools only, if and when these schedules are implemented. Except for these provisions, members of the unit involved in Year-Round schools will be subject to all other provisions of the Agreement.

Section 22.2 - Track Selection. Unit members at a school site will have first selection of a track before any transfers are considered. School Site meetings shall be held at each YRE site during which unit members shall determine initial track selections among themselves based on staffing need with the approval of the site administrator.

Individual track openings may be filled at the end of the school year by on-site unit members as the openings occur.

If two employees at a school site determine that they wish to exchange track assignments for the following school year, they may make a proposal to that effect to the site administrator prior to April 15. The administrator shall respond no later than May 15. All responses shall be in writing. If disapproved, specific reasons shall be provided if requested in writing by the unit member.

Section 22.3 - Intersessions. Unit members teaching four (4) or less hour intersessions will be compensated at the summer school rate. Unit members teaching regular instructional day (See Article 8) intersession will receive per diem rates. Unit members shall accrue one day of sick leave per intersession.

The District will post openings for intersession assignments if it determines such sessions will be held. No unit member will be required to work longer than one hundred eighty-five (185) workdays, except as otherwise provided in this Agreement. The District may provide for additional workdays for some bargaining unit positions. Such positions shall be posted. Unit members who agree to work such additional days shall be compensated at appropriate rate of pay for the extended work year (as mentioned above).

Section 22.4 - Preparation Days. Prior to the beginning of each school year two (2) preparation days may be required. Preparation days during the school year may be scheduled at the discretion of the unit member with prior approval of the site administrator.

For unit members who report to duty on the teacher preparation days as indicated on the school calendar, the District will make every effort to provide duty-free days for the purpose of classroom preparation and scheduled on-track staff meetings. On the last prep day preceding the arrival of the unit member’s students, work hours may be flexible to allow unit members at least three and one-half (3½) hours to work in their assigned unencumbered classroom until no later than 7:30 p.m.

A unit member changing from the traditional school program to the Year-Round Education program shall have the option of selecting any two (2) preparation days on the Year-Round Education program calendar for the purpose of preparing for the beginning of the unit member work year. The unit member must receive approval from the site administrator prior to working these days.

Section 22.5 - Rovers. With the approval of the site administrator, unit members may elect to use rovers. Rovers shall be drawn from a pool of volunteers. Rovers will be given the option of a duty free work schedule or receive a ratio of 1.02 on the salary schedule.

Section 22.6 - Substitute Options. (See Article 8, Section 13)

Section 22.7 - Flexible Scheduling. A unit member teaching an on-track assignment will be permitted to exchange a maximum of ten (10) instructional days with an off-track unit member if approved by the site administrator.

The District shall be notified by the on-track unit member ten (10) days prior to the exchange period. All exchanges must be completed with one (1) fiscal year. Such arrangements shall not impact other leaves set forth elsewhere in the Agreement.

Section 22.8 - Working Conditions. It is the intent of the District that only air-conditioned schools will be designated as Year-Round Education program sites. The District will be responsible for providing adequate and secure storage for District-supplied materials and individually owned unit member supplies approved by the site administrator.

Adequate materials and supplies will be provided by the District for each instructional track.

Adequate desks, files, and related equipment will be provided by the District for each on-track unit member.

Section 22.9 - Miscellaneous. Each track may have one Open House per school year. It shall not be the regular policy of the District to assign students who are off-track to the classrooms of on-track unit members, on a temporary basis, for the purpose of making up instructional time.

Off-track unit members will not be required to attend any school functions unless they are employed under separate contract, i.e., intersession meetings.

If the unit member agrees to complete an extra pay for extra duty assignment and is required by the District to fulfill this assignment during that member’s off-track time, (such as spelling bee, science fair, or other paid duty), the District shall compensate the unit member at the contractual hourly extra duty assignment rate. The District shall determine the appropriate number of hours to be compensated.

Section 22.10 - Special Services. In meeting instructional needs for students’ special services during the Year-Round Education program, unit members shall be given first consideration. Unit members who provide special services and are needed to fulfill federal, state, and/or District guidelines may apply to work an extended work year beyond their regular assignment at the unit member’s per diem rate of pay to include anniversary steps, stipends, and ratios. (See Appendix II, Section A for current work year.) Selection shall be on a voluntary basis if all positions can be filled by that method. Otherwise, assignments will be made by the District.

Specialists, including nurses, psychologists, counselors, speech therapists, adaptive physical education teachers, Curriculum Program Specialists, and resource specialists may service multiple tracks throughout the year by volunteering for additional work days beyond the contractual limits. YRE unit members, working a YRE contract shall be given a work schedule prior to April 15. If a unit member wishes to modify the schedule to better meet the needs of students, the unit member may submit change requests to the appropriate supervisor for approval. All requests for modification shall be submitted no later than May 1. The District shall notify the unit member no later than May 15 of the final approved work schedule for the following year. Once the work schedule is set for the year, no further changes shall be allowed.

No unit member will be required to work a four (4) day workweek; unless, the District has posted the position as such. A four (4) day workweek may be implemented when a reduced work year is requested by the Association.

Unit members providing services for special needs will be assigned no more than three (3) work sites if possible.

Section 22.11 - Evaluation. Observation and evaluation procedures and schedules shall be in accordance with Article 10.

Unit members shall have only one prime evaluator during a school year unless a change is requested by the unit member, or the prime evaluator with the permission of the Superintendent or his designee.

Section. 22.12 - Salary. Unit members shall have their salary adjusted retroactively to the beginning of their initial track upon submission of additional units prior to November 1.

Step changes will occur as per contract on July 1 for year-round. Anniversary increments will begin on July 1 for year-round unit members.

A unit member assigned to a YRE position shall be compensated on the same base salary schedule as a unit member assigned to a traditional calendar position. Advancement on the salary schedule shall be as provided in Appendix IB.

Unit members who work at the YRE sites shall not be adversely affected by the application of the standards of advancing on the salary schedule or obtaining years of service credit, as defined in Article 7 of the collective bargaining agreement.

If a unit member transfers into or out of a YRE site and in the process changes his/her pay cycle, the District will make every reasonable effort to accommodate the unit member’s pay cycle to minimize interruption of regular pay warrants. The District shall not be required to advance salary pay to unit members unless a bond acceptable to the District is provided by the unit member. Over and under payments that occur in any fiscal year will be handled as quickly and equitably as possible, but not later than the end of the school year. The beginning date for seniority will be determined by first day of paid service.

Unit members on YRE shall receive twelve (12) pay warrants per school year.

21: Discipline

ARTICLE 21: DISCIPLINE

Section 21.1 - No permanent or probationary unit member shall be disciplined without just cause. The District shall have the right to warn, reprimand, discipline, or suspend with or without pay, any unit member for just cause. “Just Cause” shall mean such cause as shall constitute sufficient reason to take an action to meet the needs of a given situation. The action must be appropriate and reasonable provided it is taken in reference to the given circumstances. The unit member must have fair notice, and action shall in no way affront due process. Furthermore, a unit member shall not be suspended based solely on hearsay.

Section 21.2 – In the administration of this Article, the District shall observe for similar or related offenses the following progressive remediation steps:

a. A verbal reprimand. This shall include written verification that the verbal reprimand has taken place.

b. A conference with the unit member, which is memorialized in a memorandum but not placed in the personnel file.

c. A written reprimand, which is placed in the personnel file. The content of oral or written communications in Steps a, b, and c shall not be subject to the grievance procedure.

d. Imposition of a first suspension not to exceed five (5) consecutive workdays. Any suspension shall be based upon the just cause, as defined in Section 1, and shall include, but not be limited to, insubordination, failure to perform assigned or expected duties, unprofessional conduct, excessive or inappropriate absenteeism or tardiness, or the causes set forth in Ed Code 44932.

e. Imposition of additional suspensions not to exceed ten (10) consecutive workdays. (Suspension procedure will be same as Section 21.2 d above)

f. In the event of major or serious infractions, failure to follow safety procedures as outlined in Article 14, or inappropriate behavior, defined in Board Policy 6640 and Ed Code 44932 and 44933, the District may impose discipline without following the progressive steps set forth above.

Section 21.3 - In the event of a suspension under the provisions of this Article, it is agreed that the following provisions shall be adhered to:

a. Prior to imposing a suspension without pay, the District shall provide the unit member with written notice thereof which shall include the cause or causes for disciplinary action in a specific statement of charges. A conference shall be held between the unit member and his/her immediate supervisor or other appropriate administrator, at which time the unit member shall have the opportunity to respond to the charges and to any written materials upon which the charges are based. The unit member may be represented by the Association during this conference.

b. After the conference, the immediate supervisor or other appropriate administrator shall decide whether or not to impose a suspension without pay and give the unit member written notice thereof. Except in cases of major or serious infractions, this suspension shall not be imposed until the time limit for appeal to arbitration has expired and in the event that the appeal to arbitration is timely filed, the suspension (except in cases of serious or major infractions) shall be held in abeyance until the decision of the arbitrator has been rendered.

c. Upon being served with written notice of suspension, the unit member may request the Association to ask for a hearing before an arbitrator who shall be chosen by mutual agreement of the District and the Association. If mutual agreement cannot be reached within five (5) calendar days after a request for hearing is received, the parties shall request a list of five (5) arbitrators from the State Conciliation Service. As soon as the list of five (5) potential arbitrators is received, the parties shall strike names and the remaining individual shall serve as the arbitrator.

d. The Association must file the request for hearing, under Section c above, with the Superintendent’s office no later than ten (10) calendar days (excluding winter and spring recesses) after receiving the notice of suspension. Failure to file a written appeal with the ten (10) calendar day period shall be deemed a waiver of any right to a hearing.

e. The arbitrator shall prepare written findings and a decision within twenty (20) calendar days after the close of the hearing. The decision shall be binding on all parties, but the arbitrator shall have authority only to affirm, modify, or revoke the suspension without pay. Any modification shall be limited to decreasing the number of suspension days, and if the suspension is reduced or revoked, the unit member shall be entitled to back pay for the number of suspension days rescinded.

//

Section 21.4

a. Steps a and b only of Section 21.2 shall not be carried more than twelve (12) calendar months beyond the last similar infraction.

b. If no further infraction of a similar nature occurs within thirty-six (36) calendar months of the written reprimand (Section 21.2c) the District shall begin again with Section 21.2a for any subsequent similar infraction.

Section 21.5 - The terms “discipline,” “disciplinary action,” and “suspension,” for purposes of this Article, mean suspensions without pay not to exceed ten (10) consecutive work days. The term “major or serious infractions” means “any act or acts committed that would be grounds for dismissal under the Education Code.”

Section 21.6 – The costs of an arbitrator shall be borne equally by the District and the Association. Each party shall bear its own costs of representation of the hearing.

Section 21.7 - Nothing contained in this Article shall be construed to limit or restrict the authority of the Governing Board to dismiss, suspend, or to take disciplinary action under the Education Code or other applicable law. Suspensions of ten (10) consecutive work days or less shall be subject to the due process procedure set forth in this Article, and the contractual grievance procedures shall not apply.

Section 21.8 - If, after having been disciplined, the unit member serves the District for forty-eight (48) months without the need for further disciplinary action, upon request, the District shall seal the written reprimand and/or suspension notice within the personnel file.

//

//

20: Shared Contract Employment

ARTICLE 20: SHARED CONTRACT EMPLOYMENT

Section 20.1 - Definition. A shared contract shall refer to two (2) permanent unit members sharing one (1) teaching assignment. Two unit members may share an assignment for a minimum of one (1) trimester/semester.

Section 20.2 - Eligibility. Shared contract positions for the following school year may be obtained by permanent unit members by filling an intent to share form. The form shall be filed with the District by February 15. Exceptions to this date will be considered in the event of unusual circumstances and request shall be subject to District needs and final Board approval.

Section 20.3 - Selection of Position and Applications. Unit members requesting shared contract positions will meet with the administrator(s) from the worksite where such a shared position may exist in order to develop suitable combinations. The final determination of shared positions and the selection of applicants, shall be made by the District.

Section 20.4 - Procedures.

a. By March 1 the District will make available at the Human Resources Office to each applicant a list of other applicants interested in a shared contract.

b. By April 1 each shared contract pair must submit their names to the District.

c. By April 15 the District shall approve or deny the requests and notify, in writing, the applicants of its decision.

d. By May 1 shared contract pairs shall submit their calendars to the principal.

e. By May 15 the principal shall notify the shared contract pairs of the approved calendar.

Section 20.5 - Shared Contracts.

a. Unit members sharing a contract must accept the responsibility of assuring that compatible classroom management will exist.

b. Shared contracts will be issued reflecting all pertinent information concerning the assignments (i.e., dates, including duration of the assignment, description of subject/grade level, location, salary, and benefits). The shared contract will incorporate the provisions of this Agreement and will include a statement: “If you wish to renew this shared position for the next school year, you must notify the District on or before February 15 of the school year in which this contract applies.”

Section 20.6 - Compensation. A participant in the shared contract program shall receive the proportionate amount of the regular annual salary paid in equal monthly installments, or as otherwise mutually agreed upon by the unit member and the District. Participants shall be eligible for a proration of the District contribution toward the fringe benefit program applied in the same manner as salary. For every two (2) years of continuous, completed shared contract service in the Colton Joint Unified School District, unit members will advance one (1) step on the salary schedule.

Section 20.7 - Time Requirements.

a. The time requirements for a shared contract position shall be proportionate to the regular workday.

b. Unit members in shared contract positions will be required to attend “Back to School Night”, “Open House” and parent conferences. Faculty meetings shall be attended by the teacher on duty.

c. The specific time requirements of participating unit members shall be mutually agreed upon by the District and the unit member prior to entering into a shared contract.

Section 20.8 Return to Full-Time Position.

a. Full-time unit members opting for reduction in time may, at their option, return to full-time employment in a comparable position the following year. The District and the unit member may agree on a definite return date as part of the shared contract agreement.

b. Unit members intending to return to full-time status must notify the District of their intent to do so by February 15 of the year prior to their return.

c. Unit members returning to full-time status will be entitled to the same rights as any other unit member on a paid leave status (except as noted in Section 20.6).

//

//

//

19: Peer Assistance and Peer Review (PAR)

ARTICLE 19: PEER ASSISTANCE AND PEER REVIEW (PAR)

Purpose:

The Association of Colton Educators and the Colton Joint Unified School District are continuously striving to provide the highest possible quality of education. In order for students to succeed in learning, teachers must succeed in teaching. Teachers are viewed as valuable professionals who deserve to have the best resources available provided to them in the interest of achieving and maintaining successful performance. Therefore, the parties agree to cooperate in the design and implementation of programs to improve the quality of instruction through expanded and improved professional development and peer assistance for probationary and permanent teachers.

Section 19.1 Participating Teachers (PT). Participating Teachers are unit members who receive assistance and coaching to improve instructional skills, classroom management, knowledge of subject, and related aspects of teaching performance. There are three (3) categories of Participating Teachers, two of which are related to the PAR program, one of which is related to the BTSA program.

Definitions

Section 19.2 Consulting Teachers (CT) – are exemplary teachers meeting the requirements of section 19.6 who are selected by the Joint Committee to provide peer assistance to a Participating Teacher in the Peer Assistance and Review Program (PAR).

Section 19.3 Support Providers (SP) – are exemplary teachers meeting the requirements of section 19.6 who are selected by the Joint Committee to provide peer assistance to a beginning teacher in the BTSA Program, or other beginning teachers as authorized by the Joint Committee.

Section 19.4 Evaluator – is an administrator appointed by the District to evaluate a certificated teacher.

Section 19.5 BTSA Program Components (BTSA)

a. Beginning Teacher Participants – any unit member having probationary status in the District. BTSA eligible teachers in 1. (below) must be served prior to serving teachers in 2. through 5. The PAR program design for beginning unit members will follow the Beginning Teacher Support and Assessment (BTSA) Program model.

1. BTSA eligible teachers (as defined by the State)

2. Intern teachers

3. Teachers with Emergency Permits

4. Provisional Teachers (Teachers who are new to the District with a basic credential and are not BTSA eligible)

5. Experienced teachers who are new to the District

b. A Part Time Support Provider may be assigned to no more than three (3) beginning teachers, in categories 1. through 5. (above), to provide assistance or training.

c. The Support Providers shall provide assistance to the beginning teacher in accordance with the BTSA program.

d. The Support Provider and the Evaluator(s) shall have a cooperative relationship and shall coordinate the assistance provided to the beginning teachers.

e. Neither the Support Providers nor the Joint Committee will make written reports regarding individual beginning teachers, nor forward to the Governing Board the names of individual beginning teachers who participated in the Program.

f. All communication between the Support Provider and a Beginning Teacher shall be confidential. A Support Provider shall not participate in the evaluation of the Beginning Teacher.

g. These programs shall not waive the Governing Board’s legal right to make a non-reelection decision.

Section 19.6 PAR Program Components (PAR)

a. Referred Participating Teacher (PAR) - a classroom teacher with permanent status who has received an unsatisfactory final evaluation in the areas of teaching methods and instruction.

1. A Referred Participating Teacher shall have input on the selection of his or her Consulting Teacher. A Referred Participating Teacher may request a change at any time. The Joint Committee shall make final decisions on assignment of Consulting Teachers.

2. All communication between the Consulting Teacher and the Referred Participating Teacher shall be confidential to the extent required by law and without written consent of the Referred Participating Teacher, shall not be shared with any others, except the Joint Committee.

3. The Referred Participating Teacher has the right to be represented at any Joint Committee meeting throughout these procedures by an Association representative.

b. Volunteer Participating Teacher (PAR) – a classroom teacher with permanent status who voluntarily seeks to improve his/her teaching performance through peer assistance. Participation is for peer assistance only and the Consulting Teacher shall not document and/or participate in any performance review of the Volunteer Participating Teacher. The Volunteer Participating Teacher may terminate participation in the PAR Program at any time. A teacher who has entered the program voluntarily may be involuntarily placed in the program in the event the teacher receives an unsatisfactory final evaluation as described above.

1. A Volunteer Participating Teacher shall select their Consulting Teacher from the panel of Consulting Teachers provided by the Joint Committee. A Volunteer Participating Teacher may request a change at any time.

2. All communication between the Consulting Teacher and a Volunteer Participating Teacher shall be confidential, and without the written consent of the Volunteer shall not be shared with others, including the site principal, evaluator or the Joint Committee.

Section 19.7 Joint Committee (JC)

a. The Joint Committee shall consist of seven (7) members, four (4) bargaining unit members and three (3) administrators. Bargaining unit members shall be appointed by the association to staggered two and three-year terms initially. Subsequent appointments shall be for three-year terms.

b. The Joint Committee shall establish its own meeting schedule and shall meet outside the regular school day, on the dates to be determined by the Joint Committee. Five members, the majority of which shall be teachers, shall constitute a quorum; actions of the joint committee shall require an affirmative vote of at least four (4) members. Meetings and other PAR related business which cannot be accomplished after the workday may take place during the regular teacher workday, and substitutes shall be provided to release Association members from their other duties.

c. The Joint Committee oversees/coordinates the implementation of the PAR and BTSA programs both to beginning teachers (BTSA) and permanent teachers (PAR).

d. The duties of the Joint Committee shall be as follows:

1. Select and recommend for Governing Board approval the trainers and/or training providers for Joint Committee Members, Consulting Teachers, and Support Providers.

2. Schedule and attend annual training.

3. Establish its own rules and procedures, including the method for the selection of a Chairperson by majority vote.

4. Select and recommend the panel of Consulting Teachers and Support Providers to the Governing Board for approval.

5. Make available initial and ongoing training for Consulting Teachers prior to the Consulting Teachers’ participation in the program.

6. Make available release time for training of Support Providers as provided by the BTSA Program.

7. Send written notification of participation in the PAR program to the Referred Participating Teacher, the Consulting Teacher, and the site principal.

8. Make available the list of Consulting Teachers for selection by the Volunteer Participating Teacher.

9. Make available the list of Consulting Teachers for input by the Referred Participating Teacher.

10. Adopt Rules and Procedures to effect the provisions of this Article. Develop forms necessary for Rules and Procedures. Adopted rules and procedures shall be consistent with the terms of this article. To the extent that there is an inconsistency, the terms of the Collective Bargaining Agreement shall prevail.

11. Distribute at the beginning of each school year, a copy of the adopted Rules and Procedures to all bargaining unit members.

12. Establish and implement a procedure for application, selection, and monitoring the effectiveness of a Consulting Teacher.

13. Determine the number of Consulting Teachers and Support Providers in any school year, and the amount of release time provided to Consulting Teachers, and Support Providers based upon participation in the PAR/ BTSA program, the budget and other relevant considerations.

14. Review the final report prepared by the Consulting Teacher and make recommendations to the Superintendent/Governing Board regarding the Referred Participating Teacher’s progress in the PAR program.

15. Approve PAR support assistance plans developed by Consulting Teachers and Support Providers before implementation.

16. Accept or reject voluntary requests for assistance from bargaining unit members based on criteria developed by the Joint Committee.

17. Make assignments of Consulting Teacher, Support Providers, and other trainers for staff development needs as the budget allows, with input from the Curriculum and Instruction Department.

18. Develop an appeal process in regard to the application of this article. The Joint Committee’s decision shall be final.

19. Evaluate the impact of the PAR program in order to make changes to improve the program annually.

20. No duties of the Joint Committee shall supercede the legal requirements of the Colton Joint Unified School District’s participation in the RIMS-BTSA Consortium.

Section 19.8 Consulting Teachers / Support Providers Requirements

a. A Consulting Teacher is a teacher who provides assistance to a Participating Teacher pursuant to the PAR program.

b. A Support Provider is a teacher who provides assistance to a Beginning Teacher in accordance with the BTSA program.

c. The qualifications for the Consulting Teacher/ Support Provider shall be set forth in the Rules and Procedures, with the following minimum qualifications:

1. Credentialed bargaining unit member with permanent status.

2. Most recent experience has been as a full time classroom fully credentialed teacher for the last (4) four years.

3. Shall demonstrate exemplary teaching ability, as indicated by, among other things, effective communication skills, subject matter knowledge, and mastery of a range of teaching strategies necessary to meet the needs of pupils in different contexts.

d. In applying for a position of Consulting Teacher/ Support Provider, each applicant is required to submit three confidential references from individuals with specific knowledge of his or her expertise, as follows:

1. A reference from a site principal or other administrator.

2. A character reference from an Association representative.

3. A reference from another bargaining member.

e. Consulting Teachers/ Support Providers shall be selected and submitted for approval to the Governing Board by a majority vote of the Joint Committee following classroom observations by at least one (1) Association member and one (1) administrator. Observations shall be at least 30 minutes in length in the classroom.

f. The term of the Consulting Teacher/ Support Provider shall be three (3) years, and may reapply for additional terms. The District agrees a Consulting Teacher / Support Provider who becomes an administrator shall not be a primary evaluator for any of their previously assigned teachers until their assigned teacher(s) reaches permanent status.

g. Consulting Teachers/Support Providers shall receive a one time stipend up to $2,500 for the completion of training during their off-track/summer period.

h. Functions performed pursuant to this Article by bargaining unit employees shall not constitute either management or supervisory functions. The Consulting Teacher/Support Provider shall continue to have all rights of bargaining unit members.

i. Consulting Teachers shall have the responsibility for no more than two (2) Participating Teachers. In addition to the regular salary, a Consulting Teacher shall receive a stipend of $3,000 per Participating Teacher served.

j. Part-time Support Providers shall assist no more than three (3) beginning teachers. In addition to the regular salary, a Support Provider shall receive a stipend of $2,000 per Beginning Teacher served.

k. Consulting Teachers/Support Providers shall assist Participating Teachers/Beginning Teachers by demonstrating, observing, coaching, conferencing, referring or by other activities, which, in their professional judgment, will assist the Participating Teacher/Beginning Teacher.

l. A Consulting Teacher shall be provided release time as needed:

1. The Consulting Teacher shall meet with the Referred Participating Teacher’s site administrator to discuss the nature of the assistance being provided and the PAR Program. The Referred Participating Teacher may attend any meeting between the site administrator and Consulting Teacher.

2. The Consulting Teacher shall meet with the Referred Participating Teacher to discuss the PAR Program, to establish mutually agreed upon performance goals, develop their PAR support plan and develop a process for determining successful completion of the PAR Program. Such support plans must be approved by the Joint Committee.

3. The Consulting Teacher shall conduct multiple observations of the Referred Participating Teacher’s performance with students, and meet with the Participating Teacher to review and discuss observations.

4. The Consulting Teacher shall monitor the progress of the Referred Participating Teacher and shall provide periodic written reports to the Referred Participating Teacher for discussion and review prior to sending periodic written reports to the committee.

5. At the end of the time period specified in the PAR support plan, the Consulting Teacher shall complete a written report describing the teacher’s participation in the Program. This report shall consist of (1) a description of the assistance provided by the Consulting Teacher; and (2) a description of the RPT’s participation in the Program. A copy of the Consulting Teacher’s report shall be submitted to and discussed with the Referred Participating Teacher to receive his or her signature before it is submitted to the Joint Committee. The Participating Teacher’s signing of the report does not necessarily indicate agreement, but rather that he or she has merely received a copy of the report. The Consulting Teacher shall submit a final report to the Joint Committee.

6. The Referred Participating Teacher shall have the right to submit a written response, and have it attached to the final report. The Referred Participating Teacher shall also have the right to request a meeting with the Joint Committee.

i. The results of the Referred Participating Teacher’s participation in the PAR Program shall be made available for placement in his or her personnel file, and shall not be used in the formal evaluation by the site administrator of the Referred Participating Teacher.

Section 19.9 Budget Priorities and Considerations

a. The District shall not be required to allocate funds for the programs as set forth in this Article in addition to those funds provided by the Legislature for implementation of PAR and the BTSA Program.

b. The Joint Committee shall annually recommend to the Governing Board a budget to fund the direct program and administrative expenses of Peer Assistance and Review, BTSA and other staff development programs. The Joint Committee will provide a preliminary budget by March 30^th and a revised budget by October 30^th of each year. The Curriculum and Instruction Department will be provided a budget of $50,000 of the PAR funds for staff development. Up to an additional $50,000 may be allocated by the Joint Committee based on needs of the Curriculum and Instruction Department and budget constraints of the Joint Committee. The Curriculum and Instruction Department shall provide an annual budget report to the Joint Committee on the expenditure of these funds. Any unused funds must be reverted back to the Joint Committee.

c. Funds may also be budgeted to provide training to permanent teachers who do not otherwise qualify for PAR who volunteer to receive assistance, including workshops, trainings, release time for observations and related costs.

d. Funds will also be budgeted to support on-going Professional Development for new teachers.

e. The Joint Committee shall budget funds so that Participating Teachers may receive services, attend workshops and trainings in order to receive peer assistance as described in this Article.

f. The Program plan/budget will be focused on planning and training. The stipend for the bargaining unit members of the Joint Committee shall be $4,000.

Section 19.10 Other Provisions

a. Unit Members who function as Joint Committee, Consulting Teachers or Support Providers under this document shall not be considered either management or supervisory employees as defined by Government Code Section 3540.1(g) and (m).

b. The District shall defend and hold harmless individual Joint Committee members and Consulting Teachers from any lawsuit or claim arising out of performance of their duties under this PAR program as provided by the California Tort Claims Act. The Association retains the right to participate in the litigation.

c. All proceedings and materials related to PAR evaluations, reports and other personnel matters shall be strictly confidential. Therefore, Joint Committee members and Consulting Teachers may disclose such information only as necessary to administer this Article.

d. The programs described in this article and the District’s evaluation functions shall operate independently of each other; however a cooperative relationship between the principal and the Consulting Teacher is encouraged with respect to the process of peer assistance and review. Nothing within this agreement or within the program shall prohibit or limit the District and Governing Board from exercising its legal or contractual rights regardless of the participation of a teacher within the programs. Such rights include, but are not limited to, the issuance of a notice of unsatisfactory performance, issuance of a notice of intention to dismiss from employment, administrative transfers, involuntary reassignment, and evaluation independently of the programs. Decisions and actions within the programs are not binding on the District nor the Governing Board.

e. This Article may be reopened at any time by mutual consent of the parties as needed.