11: Personnel Files

 

ARTICLE 11: PERSONNEL FILES

Section 11.1 - District Files. The District shall maintain the unit member’s personnel file at the District central office. Materials not accessible for inspection by the unit members include reports and records obtained by the District prior to the unit member’s employment, materials prepared by identifiable examination committee members or which were obtained in connection with a promotional examination.

Section 11.2 - Inspection of File. The unit member or, upon written authorization by that unit member, a representative of the Association, shall be permitted to examine and/or obtain copies of materials in such unit member’s personnel file. Copies of materials in the unit member’s file may be obtained for a nominal fee. (A minimum of three (3) days advance notice must be given to the Human Resources Office for copies of material in the unit member’s personnel file.)

Inspection of files shall take place during normal District business hours, and the unit member shall be released from duty for this purpose without salary reduction. However, the unit member must make an appointment, in advance, with the Human Resources Office to arrange, as soon as possible, a specific time for reviewing his/her personnel file.

Section 11.3 - Identification. Any person who prepares written material for placement in the unit member’s file, shall sign the material and indicate the date on which the material was prepared. Information of a derogatory nature, except material mentioned in Section 11.1 above, shall not be entered or filed unless, and until, the employee is given notice and an opportunity to review and comment thereon. If, after conferring with the unit member and the complaining party, the District is satisfied that the derogatory allegations are creditless and without merit, the material containing such allegations will be disregarded and shall not be placed in the unit member’s file.

Section 11.4 - Access. Access to personnel files shall be limited to members of the District and Management Team members. The Board of Education may request a review of a unit member’s personnel file at a Board of Education meeting. A form shall be attached to the front of each file whereon the person reviewing the file shall put his/her signature, the date, and purpose for reviewing the file each time the file is reviewed. The contents of all personnel files shall be kept in strictest confidence.

Section 11.5 - Exclusions. Neither the provisions on adding material nor on reviewing a file shall apply to members of the Human Resources Office when they are performing the regular functions of their jobs.

10: Evaluation Procedures

 

ARTICLE 10: EVALUATION PROCEDURES

Section 10.1 - General. The District is responsible for the evaluation assessment of the performance of each unit member, subject to the procedural requirements.

a. The time and number of scheduled observations and related conferences, for the purpose of evaluation, are determined by the following sections of this Article.

b. 1. Non permanent unit members shall be evaluated twice a year.

2. Unit members with permanent status shall be evaluated once every other year.

3. Unit members with permanent status who have been employed at least ten years with the school district, are highly qualified, or working in a position that is not required to be highly qualified as defined in 20 U.C.S. Sec. 7801 (ESEA), and whose previous evaluation rated the employee as satisfactory or exemplifies element, shall be evaluated every five years if the unit member and evaluator consent to this schedule. The certificated employee or the evaluator may withdraw consent and return to the evaluation cycle described below.

c. Within the first thirty (30) instructional days of the school work year, each unit member to be evaluated shall be given formal, written notification of that fact. This notification shall identify the prime evaluator. The administrator shall provide each unit member with the evaluation procedures and a copy of the instrument to be used. Furthermore, the evaluatee shall be provided copies of and time to review the following materials:

1. The California Standards for Teaching Profession – Element Descriptions and Descriptions of Practice including District Standard 7-Professional Duties and Responsibilities.

2. The evaluatee’s job description for:

a. Elementary assignment;

b. Middle or High School assignment; or

c. Non-teaching assignment.

3. Duties to be performed as an adjunct to the unit member’s regular assignment as listed under the Article on Hours of Employment (Article 8, Section 8.2a and 8.2b).

d. An initial conference shall be held prior to the end of forty (40) instructional days from the beginning of the unit member’s school year/initial track between the prime evaluator and evaluatee. The initial conference may include, but is not limited to the following:

1. Standards and elements as set forth in the California Standards for the Teaching Profession – Element Descriptions and Descriptions of Practice including District Standard 7-Professional Duties and Responsibilities.

2. The evaluation procedures and District forms that will be used.

e. A unit member shall not be required to complete or submit additional documentation, including portfolios or notebooks, as evidence of how they intend to, or have met each standard. Unit members may choose to provide additional documentation of evidence of meeting the elements of the standard.

f. The evaluation process may be conducted by an administrator to whom the unit member is directly responsible or, upon mutual agreement, by another District Administrator. If mutual agreement is not reached, the ACE President and the Director of Human Resources shall make the decision. By mutual consent, the evaluative procedure may be delegated from the prime evaluator. The newly delegated evaluator is ultimately responsible for the final written evaluation summary, which must bear that person’s signature. The newly delegated evaluator may consult with the site administrator prior to completing the final evaluation summary.

g. A unit member shall not be required to participate in the evaluation of other unit members.

h. For purposes of this Article the unit member shall determine the lesson plan format. Lesson plans shall include objectives/concepts, activities, and a method of checking for student understanding.

i. Non-permanent unit members may be required to turn in lesson plans on a weekly basis. The unit member shall determine the day on which they shall submit their plans. Permanent unit members shall only be required to have current weekly lesson plans available in their classroom.

Section 10.2 - Evaluation Criteria.

a. Teaching Unit Members

1. The District shall evaluate and assess teaching unit members’ competency as it relates to the California Standards for the Teaching Profession - Element Descriptions and Descriptions of Practice including District Standard 7- Professional Duties and Responsibilities.

2. The evaluation and assessment of certificated employee performance pursuant to this section shall not include the use of publishers’ norms established by standardized tests (In accordance with Ed Code 44662 e).

3. Nothing in this section shall be construed as in any way limiting the authority of school district governing boards to develop and adopt additional evaluation and assessment guidelines or criteria. (In accordance with Ed Code 44662 f).

b. Non-Teaching Unit Members – All non-teaching unit members shall be evaluated pursuant to this Article by their immediate supervisor, or by a District Administrator pursuant to provisions of Section 10.1.f of this Article.

Section 10.3 - Specific Evaluation Procedures.

a. Formal Observations - The evaluation of a unit member shall be based on the direct observation of a unit member's work. No unit members' evaluation will be based on hearsay information.

1. The prime evaluator will notify the unit member at least two (2) days in advance of the day the observation is to be made. Unit members with probationary status and the prime evaluator will each determine one of the subject(s)/areas/classes in which the evaluation will take place. The prime evaluator and the permanent unit member will mutually determine the subject(s)/areas/classes in which the evaluation will take place. Resolution of mutual agreement will be decided as in Section 10.1.f. The unit member will prepare “The Formal Observation Form”. The form will be given to the prime evaluator at least one (1) day in advance.

2. Unit members with permanent status shall have one formal observation of not less than twenty (20) minutes.

3. Unit members with probationary status shall have two formal observations of not less than twenty (20) minutes each.

b. Formal Observation Conference

1. Should the prime evaluator find that two (2) or more elements of the California Standards for the Teaching Profession - Element Descriptions and Descriptions of Practice including District Standard 7- Professional Duties and Responsibilities are deemed “unsatisfactory”, the prime evaluator shall schedule a conference with the unit member within ten (10) work days of the observation. The prime evaluator and the unit member shall develop in this meeting an Assistance Plan as described in Section 10.4.

2. If the prime evaluator deems that the unit member needs more observation than provided in Section 10.3.a.2 or Section 10.3.a.3, the prime evaluator shall schedule subsequent classroom visitations to determine progress. The evaluatee shall be kept informed of the progress made and the results of any such interim visitations.

3. Nothing in this section shall preclude the prime evaluator from conducting informal classroom visitations.

c. Formal Evaluation:

1. There shall be one (1) formal evaluation summary given to the unit member, no later than thirty (30) work days prior to the end of the unit member’s last track and/or school year, produced by the unit member's prime evaluator.

2. Unit members with probationary status shall have two (2) written formal evaluation summaries produced by the unit member’s prime evaluator. The first of these must be produced, presented and given to the unit member prior to December 15. The final summary evaluation shall be completed, presented and given to the unit member no later than thirty (30) work days prior to the end of the unit member’s last track and/or school year.

3. The prime evaluator shall provide the unit member with written copies of all formal materials used in preparing the evaluation summary. The prime evaluator and the unit member will discuss areas of agreement and disagreement.

4. The unit member’s signature on the evaluation summary does not indicate agreement with the prime evaluator's assessment, but indicates that the unit member has read it. The unit member has the right to prepare a written response, which shall be given to the prime evaluator and attached to the summary evaluation to become a permanent part of the record.

Section 10.4 – Assistance Plan.

a. An Assistance Plan shall not be used for disciplinary purposes. Discipline: refer to Article 21.

b. During a formal evaluation year, if the prime evaluator has identified 2 or more elements in the California Standards for Teaching Profession–Element Descriptions and Descriptions of Practice, including District Standard 7–Professional Duties and Responsibilities, which are unsatisfactory, an Assistance Plan shall be developed. The evaluator shall set a specific time period for improvement of not less than 30 work days unless the serious nature of the problem necessitates a shorter time line.

c. A written copy of the Assistance Plan incorporating the areas below, shall be given to the unit member within ten (10) work days after the conference in which the Assistance Plan is reviewed and discussed with the unit member.

d. The Assistance Plan shall include the following for each element:

1. Activity(ies) the teacher will complete to show growth or competency of the element(s).

2. The assistance to be provided.

3. The expected evidence that will document the completion or accomplishment of the activity(ies).

e. There shall be a follow-up conference and written assessment at the conclusion of the Assistance Plan at which time the evaluator shall inform the employee as to whether or not the goals of the Assistance Plan have been satisfactorily achieved. An additional Assistance Plan may be developed if the goals of the Assistance Plan have not been achieved.

Section 10.5 – Performance that is Unsatisfactory. Should the final summary evaluation show that a permanent unit member is unsatisfactory in any combination of three elements of Standards 1, 3 and 4, Article 19 (Peer Assistance and Review) shall apply. The final evaluation summary is the only document, which mandates a unit member to Peer Assistance and Review program.

Section 10.6 - District Rights. While evaluation procedures may, in many cases, be related for evidentiary purposes to disciplinary and discharge proceedings, discipline and discharge procedures may, in appropriate cases, be undertaken independently of the evaluation procedures of this Article.

09: Class Size

ARTICLE 9: CLASS SIZE

Section 9.1 - Planning Class Size. Class size for each school of the District is premised on an enrollment for the school as estimated by the Superintendent. The District will adhere to the standards of the Class Size Reduction Program (CSRP) contingent upon the State’s continuance of financial support.

a. Year Round Education:

It is the desire of the District to staff Year Round Education schools on a one unit member per twenty-six (26) student ratio, subject to space availability and funding of Year Round Education programs by the state. Class size maximums and averages in Year Round Education programs will be same as the class sizes for traditional schools as in this Agreement. The District shall make every reasonable effort to restrict the number of combination classes on each track. Should combination classes become necessary, they shall normally not include more than two (2) contiguous grade levels.

b. Class Size Incentive

Should the District receive additional funds from the legislature or initiative sources during the term of this Agreement designated for the purpose of reducing class size, the parties shall convene at the request of either part to negotiate those issues appropriately subject to the collective bargaining process.

c. The District shall make every reasonable effort to restrict the number of combination classes, and combination classes shall not normally include more than two (2) contiguous grade levels.

d. A regular education class, which has seventeen (17) or more, identified ELL students shall have the lower class size of ELL Levels 1 and 2 applied.

e. All non-classroom personnel, nurses, librarians, Curriculum Program Specialists (CPS), special education teachers, counselors, psychologists, speech therapists, and full time athletic director shall not be included in class planning size ratio.

Section 9.2 - Adjustments. Within thirty (30) student attendance days after the beginning of the school year, additional staff will be assigned or transferred as needed to comply with the staffing maximum and averages as established in Section 9.3. Transfers shall be done in accordance with involuntary transfer provisions of Article 12 of this Agreement.

Section 9.3 - Class Size Maximums and Averages. The District will attempt wherever possible to balance class sizes for the same grade level at the same elementary site, and to balance class sizes for the same content area and subject at the same middle school and high school site. By no later than the end of the twentieth (20th) student attendance day at all schools, and by no later than the tenth (10th) student attendance day of the second semester in grades 7-12, the following class maximums shall not be exceeded for more than ten (10) consecutive student attendance days. Class counts shall exclude TA's (student teaching assistants).

The District will adhere to the standards of the Class Size Reduction Program to create an average of 20, contingent upon the State’s continuance of financial support (grades K-3), not to exceed 23 students at any one time. Class sizes and averages are outlined in the table below for all CJUSD school sites.

Grade Level:	Class Size Maximum		Class Size Average		Notes:
Kindergarten	32	23 CSR	32	20.44 CSR
Grades 1 – 3 Gr. 1-3 Combination	32 31	23 CSR 23 CSR	32 31	20.44 CSR 20.44 CSR
Grades 4 – 6 Gr. 4 – 6 Combination	34 33		30 29
Grades 7 – 12	36		32		The average class size per teacher at each school shall not exceed for more than twenty student attendance days.
Nurses	1 per 5,000
Adaptive Physical Education	55 (caseload)
Speech Therapist	55 (caseload)

 

Grade Level:	Class Size Maximum	Class Size Average	Notes:
Resource Specialist (RSP)	28 (caseload)		208 day work year, 33 caseload; not to exceed 28 at any one track
Special Day Class (LH and SH)	18		Per class period
Home Economics, Industrial Arts, Drafting, Art, Shop Classes, Typing, Computer Labs, and Science Labs	Limited to number of work stations as per Education Code 49320
Physical Education	50
SEI/ELL Levels 1,2,3 (Grades 7 –12)	30
Counselors (Grades 7 –12)	425		With 10% allowance during 30 day adjustment period
Home Choice (Grades K-8)	36 (Caseload)
Independent Study (Grades 9-12)	36 (Caseload)
Opportunity Program	25 (Full Day)		Maximum of 15 per period for double Session.
Continuation School	25		Maximum per teacher

Section 9.4 - Legal Requirements. When applicable legal requirements impose class size limits, the maximum class size should be either the legal limit or the Agreement limit, whichever is lower. The above class sizes may exceed the maximum stated by mutual agreement of the teacher involved and the site administrator.

08: Hours of Employment

 

ARTICLE 8: HOURS OF EMPLOYMENT

Section 8.1 - Workday.

a. The regular workday for all unit members represented by the ACE/CTA/NEA bargaining unit shall be seven and one quarter (7¼) hours unless shown differently in this Article or in Appendix II. All unit members who are assigned to a full teaching schedule on a daily basis shall have: a. planning time, b. a duty-free lunch break of not less than thirty (30) minutes, and c. scheduled recess times included within their regular workday shall be made on a fair and equitable basis. All other unit members shall have a duty-free lunch period of not less than thirty (30) minutes, and will schedule their work time, including breaks, in order to effectively complete their assigned duties.

b. For purposes of this contract, a half time assignment is considered four (4) hours at elementary, four (4) periods at middle school, and three (3) periods at high school.

Section 8.2 - Duty Hours, Assignments. During the workday, unit members shall be at their assigned work location and responsible for instructional and other assigned duties unless specifically excused by the site administrator. Specific duty hours and schedule of assignments of unit members will be established by the site administrator or immediate supervisor.

a. In addition to the above seven and one quarter (7¼) hours minimum time, unit members shall be responsible for an additional four (4) hours per month, as may be required by the Administration, for the purpose of holding faculty meetings and in-service. Said meetings shall not exceed more than sixty (60) minutes beyond the normal seven and one quarter (7¼) hours duty day. Meetings shall be scheduled five days in advance unless an emergency exists that precludes the notice. Absent an emergency, the principal shall not schedule a staff meeting after the duty day on Open House or Back to School nights.

b. On days when unit members are scheduled to work, but students are not scheduled to be present and specific duty hours and/or schedule of assignments are altered (i.e. staff, curricular, in-service meetings), the workday shall not be extended beyond the 7 ¼ hours inclusive of a one (1) hour lunch.

c. In addition to the above, each unit member, within the workday, will be responsible for other professional obligations and instructional duties which include: planning, selecting, and preparing materials for instruction; receiving and evaluating work of pupils; conferring and counseling with pupils, parents, staff, and administrators; keeping records; supervising aides as assigned; attending departmental and grade level meetings; participating in approved professional activities relating to the unit member’s assignment; and assuming responsibility for the proper use and control of District property, materials, supplies, and equipment; supervising pupils; serving on committees providing advice and service to the District; and participating in approved staff development programs.

1. For the purposes of this article the unit member shall determine the lesson plan format. Lesson plans shall include:

a) Evidence of Content Standard(s)

b) Learning Activities

c) A method of checking for student understanding

2. All unit members shall have lesson plans visible and readily available. Non-permanent unit members may be required to turn in lesson plans on a weekly basis. The unit member shall determine the day on which they shall submit their plans.

d. If a time conflict exists between two or more scheduled meetings, the site administrator shall designate the meeting the unit member is to attend. All campus supervision duties shall be assigned on a fair and equitable basis.

e. The on-site administrator may allow the unit member to conduct off-campus school-related activities when indicated by teacher instructional needs and when not in contact with students for instructional purposes.

a. Unit member’s service on site and district level committees shall be on a voluntary basis. If no volunteers are found then assignments will be made from the rest of the certificated staff on a fair, equitable basis.

b. Supervision:

1. The principal or designee of a site may assign a unit member to classroom supervision duties for one or more periods during duty day.

2. Prior to making such assignment, volunteers will be encouraged. If no volunteers are found, the principal will assign one supervision to those teachers who have two or more conference periods in a day. Then assignments will be made from the rest of the certificated staff on a fair, equitable basis. A written record will be maintained and made available, when requested by a unit member, of each assignment, indicating those who volunteer. All sites shall attempt to maintain a volunteer list.

3. Each unit member assigned to take another unit member’s duties must complete a time sheet for each assignment. Said time sheet will be the authorization for payment for the duty.

4. Payment for the assigned supervision will be at the rate of 1/5 of substitute teacher’s pay listed in Section 8.13.

5. When a unit member is absent for less than an entire class period, the amount paid the unit member to substitute is to be prorated.

6. If elementary unit members are required to take students assigned to other unit members because the District cannot provide a substitute teacher, the site administrator shall make every effort to assign these students amongst the teachers closest to that grade level. Those teachers shall be compensated based on the substitute teacher’s pay listed in Section 8.13. The formula is as follows: Substitute rate divided by number of teachers assigned extra students.

Section 8.3 - Evening Activities. Evening and/or afternoon activities shall be voluntary except for Open House or Back to School night and one (1) additional activity. If there are not sufficient numbers of volunteers, the administration shall make required assignments. All activities beyond those cited above shall be considered supervisory and paid at the rate of Appendix III, Section A.6.

The site administrator shall meet with his/her staff, or with staff representatives for the purpose of consultation on the number and type of extracurricular events to occur during the year unless an emergency precludes such notification, any change in the event calendar shall be made thirty (30) days in advance of the event. The site administrator will then determine the number of persons necessary to supervise each event.

Section 8.4 - Ending Times. Unless regularly scheduled duties are assigned, unit members shall be released at the end of the student day or at the end of their preparation period, whichever is later (K - 8 unit members may leave at the end of the student day) under the following circumstances:

a. When they are to attend school-related activities in a non-pay status.

b. On days preceding a holiday as designated on the District calendar.

c. On Fridays.

d. On days when a faculty meeting was held prior to the beginning of the school day.

e. On days of early release, kindergarten and primary teachers will maintain the same hours as intermediate teachers (grades 4 - 6).

Section 8.5 - Minimum Days. On days of an emergency release of pupils or on minimum days, the workday shall be that which is set forth in the above sections unless directed differently by the Superintendent or designee.

Section 8.6 - Planning Time. All unit members who are assigned a full teaching schedule on a daily basis, shall have not less than forty-five (45) minutes continuous duty-free period for preparation and professional obligations on regular scheduled days, directly within the seven and one quarter (7¼) hour day. It is recognized that other unit members can schedule their work time in order to effectively complete the assigned duties.

At the intermediate and senior highs, the preparation period shall be equivalent of one class period with specific times for planning purposes designated by the on-site administrator on an equitable basis. If needed, parent requests for consultation with teachers shall be scheduled during a teacher’s preparation period with prior notification.

Section 8.7 - Contact Time. The District shall maintain its current practice in assigning instructional minutes on an annual basis to unit members. The District shall provide to students the following minimum instructional time annually by grade as described below (In accordance with Ed Code 46201) The Association will be notified of any increase in annual instructional minutes after the first day of the school year:

Kindergarten: 36,000

Grades 1 – 3: 50,400

Grades 4 – 6: 54,100

Grades 7 – 8: 54,000

Grades 9 – 12: 64,800

Washington School: Six (6) hours per day (30 hours per week)

Student/teacher contact time, for purposes of this Section, shall not include passing time, break time, recess, or student lunchtime. The above hours are to be distributed over five (5) days per week. The District reserves the right to assign less student/teacher contact time than specified above as it deems appropriate.

Section 8.8 - Psychologists’ Work Hours. Psychologists’ work hours shall be eight (8) hours inclusive of a 30-minute duty free lunch period.

Section 8.9 - Scheduled Work Days. The number of scheduled workdays for unit members shall be as follows:

Regular Classroom Teachers 185

Curriculum Program Specialist 197

Full-time Adult Ed Teachers 185

Librarians 185

Special Education Teachers (SDC, DIS, RSP) 185

YRE Special Education Resource Specialist 208

High School Counselors 197

Middle School Counselors 190

Elementary Counselors 185

Psychologists 197

Speech Therapists 185

Vocational Educational Teacher (Agriculture) 185

Athletics and Activity Directors 194

Independent Study Teacher 185

Teacher/Counselor - Vocational Education 185

Nurses 197

YRE Psychologists 208

YRE Speech Therapists 197

Teacher on Assignment (TOA) 185

Section 8.10 - Calendar. The District has primary responsibility in developing a calendar. The District recognizes the Association’s right to negotiate the total number and distribution of workdays, including starting and ending dates, vacation periods, and holidays prior to presentation to the Board of Education for adoption.

a. Unit members are allowed to check out and leave the work site beginning at 10:00 a.m. on the last teacher work day provided students are not in attendance and they have met all District requirements for check out. District site in-service days (not including site staff meetings) shall not be scheduled on any unit member’s last duty day of the school year.

Section 8.11 - Work Year - (Emergency Language). In case of an emergency, which would result in failure to comply with State minimums required by Education Code Section 46201, the District will apply for a waiver. If the waiver is denied, the District has the right to require sufficient additional workdays at no additional cost to the District to meet minimum State requirements. If possible, the first day used for emergency would be the second semester conference day. The second choice would be the last certificated duty day.

Section 8.12 - Itinerant Unit Members.

a. Unit members required to travel to more than one school during a day shall be allowed adequate time between the end of one assignment and the beginning of the next assignment at a different site.

b. Psychologists, counselors, nurses and speech therapists shall be assigned to no more than three (3) school sites whenever possible.

c. Unit members who are psychologists, nurses, speech and hearing therapists and counselors, shall be provided a work space that is private, quiet, well lit and has proper ventilation, heating and cooling. They shall also be provided with a secure file cabinet, storage space for materials and access to a private telephone.

Section 8.13 - Substitute Options. Unit members, not scheduled to work at the time, will be permitted but not required to substitute for other unit members. Substitutes will be called from a list constructed by the District giving priority to unit members not scheduled to work expressing a desire to be included on the list. The District will attempt to assign year-

round school off-track unit members as substitutes to the site where they are currently assigned at a rate of $145.00.

The salary for all unit members substituting elsewhere shall be at $135.00.

Section 8.14 - Dress Code During Hours of Employment. A unit member in the Colton Joint Unified School District shall exhibit reasonable attire to maintain and direct the physical control of students. They shall wear clothing that reflects their professional position, is appropriate for their assignment, and reflects their position as a role model for students. Their grooming and professional cleanliness shall set a positive image for fellow staff members, students, and general public. Clothing should display modesty and professionalism. Head covering should not be worn in classrooms except on “theme days”. Reasonable accommodation in variance to these requirements should be made through the site administrator and/or district administration for review.

Section 8.15 - Parent Conferences: An alternative to the calendared parent conference schedule may be developed at each site through consensus of the staff and administration. Any unit member may choose not to participate in the alternative parent conference schedule. Such unit member shall work the regular conference day schedule, and shall notify parents and site administration at least 5 workdays in advance of his/her conference schedule, unless an emergency precludes such notification. Each site will provide facility space to unit members for conferencing.

Section 8.16 – Unit Members Traveling from Classroom to Classroom Daily

Unit members required to travel from classroom to classroom at the same site may request a cart for transporting their material.

Section 8.17 – Preparation Days – Prior to the Beginning of the School Year

Prior to the beginning of each school year, the District and/or site administrators will hold no more than four (4) hours total of meetings over the preparation days (non-student attendance days) for schools with two (2) beginning of the school year teacher preparation days; and six (6) hours total of meetings over the preparation days (non-student attendance days) for schools with three (3) beginning of the school year teacher preparation days. A non-student attendance day is a day where no students are present on site for instructional purposes.