OEA Sunshine Proposal for a New Contract
OEA Sunshine Proposal January 2008
Article 4 Non-Discrimination
Section 4.1.6 K-12 unit member salaries shall be considered as a district-wide expense and shall be allocated from a district-wide pool.
Article 9 Academic Freedom
New Section 9.3 Course Pacing Guides
Teachers shall be responsible for sequencing and pacing of material for any and all courses they teach.
Course pacing guides, where they exist, shall be recommended and optional guides, not mandatory timelines.
To allow teacher initiative and flexibility in sequencing and pacing, pacing guides will not be tightly coupled to mid-semester benchmark examinations. In particular:
District-wide formative assessments will be constructed modularly, so that teachers using alternative sequences may administer modules appropriately corresponding to their sequence.
There will be a maximum of one district-wide benchmark assessment per course per semester, and any such examination would come at the end of a semester.
Article 10 Hours of Work (note: For ECE hours of work, see Article 22)
Reduced length of school day for Kindergarten
Adult Education preparation time. Of the 1098 hours assigned to a full-time adult education teacher, 21 hours shall be planning and preparation time.
Add social workers to this section on the psychologist work year.
10.2.4 Add speech and language pathologists and social workers to this section detailing the psychologists’ work day. (8:30 to 4:30, including lunch.)
10.2.8 Hours Beyond the Duty Day
Delete paragraphs 1,2, and 5 and replace with:
Unit members other than TSA’s shall set aside two hours per month beyond their regular workday as appropriate for parent-student teacher contract. Other hours beyond the regular workday shall be both voluntary and compensated.
The union and the District will agree on a list of which additional duties are professional in nature and should be compensated at the per diem rate, and which are “extra duty” and should be compensated at the extra duty rate.
New Subsection 10.4.510.4.5 Collaboration time
Collaboration time (by grade level, subject, or equivalent) beyond the monthly department or circuit meeting shall either be during the school day (without taking away preparation or conference time) or be voluntary and paid per diem.
Section 10.5 Preparation Periods for Elementary Teachers
10.5.1 For the duration of this contract, the Employer shall provide each teacher with two (2) 50-minute preparation periods per week which shall be staffed to provide intervention and enhancement opportunities as provided herein. Both Elementary Prep Periods should be staffed prep, funded through the EEIP program.
New subsections in Section 10.6 Testing paperwork and procedures.
Additional hours required for added testing paperwork shall be carried out during the school day by providing substitute coverage for those hours.
Teachers shall not be required to alter testing indications made by students or to use procedures not specifically prescribed in the testing manual.
10.9 Academic Programs Outside the Normal School Day (new section)
10.9.1 Any and all academic programs in secondary schools occurring outside of the normal school day as specified in section 10.2 (for example, “after-school programs”) and not part of the Early Childhood Education Program shall adhere to the model established in 10.2.2 for secondary “A” and “B” periods. Academic programs shall be defined in secondary schools as courses for which students receive credit. In particular:
10.9.1.1 Teacher participation in such programs shall be voluntary.
10.9.1.2 Compensation shall be at the pro-rated per diem rate for any and all additional work time resulting from teacher participation in academic programs.
10.9.2 In elementary schools, assignment in such after-school programs not part of ECE shall be offered first to teachers at that site. Such assignments shall be voluntary.
Article 11 Leaves
11.16.1 Change “may be granted by the Superintendent” to “shall be granted by the Superintendent or designee.” .
Add: Such leaves may be extended beyond one day only with the consent in advance of the principal or other supervisor.
Article 12 Assignment/Transfer/Vacancy/Consolidation Policy
12.4.2.1(new) “No other procedures or factors, including budgeting factors or procedures, will contradict or circumvent this provision.” (regarding seniority in transfers in 12.4.2)
12.11 Change the Adult Education selection policy (in several places in Section 12.11) to give priority to current Adult Education unit members.
12.6 Voluntary Transfer Language including language for Special Education teachers
Consolidation Process
12.10.2 Secondary Preparations
12.10.2.1.4 and 12.10.2.1.5 Delete
12.10.2.2 Replace “a unit member shall be paid for more than two preparations as follows:” with “a unit member assigned more than two preparations will receive:”
12.10.2 .2.1 Replace with: “For one additional preparation the teacher shall be assigned a second conference period.”
12.10.2.2.3 Delete
Adult Education
12.11Change adult Education selection procedure (12.11.1.1, 12.11.7.1, 12.11.8) to require priority for current Adult Education unit members.
(new) Possible remedies for the problem of split shifts.
12.11.10 Remove this section.
The minimum number of Adult Education contracted FTE’s who are classroom teachers shall be 70.
Article 15 Class Size and Caseloads
15.4.1 The maximum class size in elementary schools shall be 20.
15.4.1 Kindergarten classes which exceed 15 students shall have an aide assigned.
15.6 Maximum student contacts per day for secondary teachers shall be 20 per period except for Music and Physical Education which shall be 40 per period. In Business Education and Music classes, the number of students shall not exceed available equipment.
Combination Classes at Elementary Schools
Replace current section with “Combination classes in elementary schools shall be prohibited.”
New Section in Article 15: Class size maximums in decile 1 and 2 schools
In decile 1 and 2 schools, class size maximums shall be reduced to 15 for elementary schools and maximum student contacts to 15 per period for secondary schools..
New Section in Article 15: Special Education – Maximum Class Sizes
Special Education classes and/or specialist caseloads shall not exceed the following maximums which apply to all pupils for whom ongoing direct services or consultation is provided. No changes shall be made in Special Education job descriptions or job titles without negotiation with the OEA and input from affected teachers.
Special Day Classes – Class Sizes and Teacher Caseloads
Pre-school:
Intensive – 8 pupils
Non-intensive – 10 pupils
K-12:
Severely handicapped – 8 pupils
Language disordered – 10-12 pupils
Mild to Moderate/Non-severely handicapped- 10 -12 pupils
Emotionally Disturbed – 8 pupils
Hearing Impaired- 8 pupils
Non-categorical mixed – 8 pupils
Visually impaired – 8 -10 pupils
Autistic – 6 pupils
Inclusion—8-10 pupils
Resource Specialist
Resource Specialist Caseload- 20 pupils
Resource Specialist Class size- 12 pupils
(Replace Article 21.14.4 – RSP Caseload Limits)
Designated Instructional Services (DIS)
Language and Speech- 45 pupils
Adaptive PE – 55 pupils
Article 17 Safety and Security Conditions New language is needed to cover:
Medical procedures performed by bargaining unit members
Standard District policy for rug cleaning/shampooing in Kindergarten and primary grades.
Availability of keys for all staff.
Article 21 – Special Services and Specialized Assignments
Section 21.2.1 – Counselors
Revise second sentence to read: The secondary site allocation for counselors shall be based upon a District-wide ratio of 350:1. Add: Each secondary school shall have at least one counselor.
Section 21.8 All schools shall have a library and a librarian.
Section 21.9 - Nurses
The maximum caseload of a nurse shall not exceed 1:750 for the general population of students and shall be further reduced for populations requiring more intensive medical care.
(Delete current first sentence of this section)
Nurses will be permitted sufficient time within their workday when they are not seeing students so that they can complete their reports, evaluations, paperwork and preparation.
Section 21.10 Psychologists
Keep current 21.10 as 21.10.1
Move current 10.1.6 to here.
New Subsection 21.10.2 Psychologists shall be provided with adequate, stable work space established by the District and/or school principal to conduct student assessments, provide therapeutic support, and, if needed, to hold IEP meetings. Such work space shall include a phone, desk, chairs, and a locking door and locking file cabinet because confidential documents must be stored.
New Subsection 21.10.3 Psychologists shall be provided with a laptop computer so that confidential records need not be left on unsecured school computers.
New Subsection 21.10.4 In classrooms in which a psychologist or social worker is assigned along with a teacher, and when that teacher is absent and no substitute is provided for that teacher, the psychologist or social worker shall have the option to work additional hours at their per diem rate to complete IEP’s, reimbursement forms, assessments, etc.
New Section 21.13.12 - Special Day Class Teachers shall be provided with coverage by the District to conduct student assessments and hold IEP meetings.
New Section 21.13.14 - The District shall equally distribute the number of medically fragile students with unstable and poorly controlled health conditions (such as seizure disorders, severe asthma and diabetes) assigned to Severely Handicapped, Special Day Class, Inclusion, or other appropriate special education classrooms across the District. For student safety reasons, there shall be no more than three students in wheelchairs assigned to any one special education classroom.
Section 21.18 Substitute Teachers
21.18.5 Substitutes shall be eligible to purchase health care after the first day if they worked 45 days last year. Substitutes who work a specified number of days shall have their medical insurance premium paid.
21.18.9.4 Re-adjust rates for long-term assignments.
21.18.9.4.1 Substitutes who have worked enough days in the previous year should start the new year at the higher rates. The requirement for training should be removed. The exclusion of STIP participants from this clause should be removed.
21.18.11 Changes in Eligibility and Selection for STIP program participants.
New section in 21.18 Due Process rights for substitute teachers
New sections in Article 21:
Driver’s Education: Driver’s Education shall be offered at each high school and at least one summer school site.
Special Education Classrooms and Services – General Provisions (after current 12.9)
The OUSD recognizes that provision of necessary and legally mandated services to students with special needs is essential to its mission of providing quality education to all Oakland students.
The District shall provide not less than one full-time IA/AHC to assist each unit member assigned to a special education class.
Each unit member assigned to a Special Education classroom or program shall be paid a yearly stipend of up to $1000 to cover the cost of documented purchase of classroom materials.
Possible incentives to attract and retain credentialed Special Education teachers.
Local Plan Development:
When developing and/or updating a special education local plan (SELP), the District shall notify the Association of its intent to do so and shall inform the Association of the number of regular and special education teachers that need to be selected for the Special Education Local Plan Area (SELPA) Committee. The selection process for these unit members shall be conducted by the Association. Bargaining unit members shall be released from their regular duties without loss of compensation or compensated at their per diem rate of pay for purposes of serving on the SELPA committee.
When developing and/or updating a SELP, the SELPA Committee shall survey unit members whose duties would be impacted by the plan in order to determine their recommendations.
Unit members shall serve on the District’s Community Advisory Committee (CAC). The selection process for these unit members shall be conducted by the Association. Bargaining unit members shall be released from their regular duties without loss of compensation or compensated at their per diem rate of pay for purposes of serving on the Community Advisory Committee.
Social Workers: (after current section 21.10)
Social workers shall be placed on the Psychologist’s Salary and Work Year Schedules.
(Add … Social Workers… to Articles 10.1.6 and 10.2.4 and 24.7.3 and to Psychologist’s Salary Schedule)
Social Worker intern hours shall be counted toward placement on the salary scale.
The District shall provide each social worker with a laptop computer for work related purposes.
The District shall provide each social worker with office space similar to that proposed in 21.10.2 above.
Article 22 Early Childhood Education Centers
Remove current language and replace with: "Unit members shall not be required to do work belonging to other bargaining units.
22.4 New subsection: A Special Education teacher shall be assigned any time there are Special Education students included in an ECE after-school program.
22.12. Unit Member Assignment
22.12.1 Unit member shall be given written notice of center assignment when the center program is completed in June for the ensuing year. The unit members shall be so informed in writing, and upon request, the center administrator shall have a conference with the unit member. The unit members shall be consulted regarding any change in the unit member assignment due to unanticipated circumstances after the initial assignment, and shall be so informed in writing. Unit members whose hours of work are modified and/or required to provide split-shift services for the district shall be informed of the mileage reimbursement if applicable and provided other accommodations where the assignment has interfered with life plans that had been made prior to the abrupt change in working conditions.
22.12. 2 Unit members who have been assigned positions where they are the only unit member at a site shall not be bound by requirements listed in Articles 22.13.1 or 22.13.1.1. Unit members who are the sole unit member at the site to which they have been assigned shall be able to take their non-scheduled days as needed as long the days have been mutually agreed with by the site administrator.
22.12.3 Unit members who are assigned as the only unit members at a site and have been assigned both an opening and a closing responsibility, shall be provided substitutes when they must be off for reasons listed in Article 11.
22.12.5 Unit members who are laid off shall be granted substitute opportunities where their services are requested. To help ensure that the laid off unit member gets the substitute opportunities, the ECE administration shall provide a list of all laid off and rehired staff to the OEA President.
22.13.3.1 Increased compensation for unit members in ECE working without an assistant.
22.13.6.1 Unit members who are required to drive from one site to another because of providing split-shift services to the district, or because of being assigned to more than one site, shall be granted a monthly mileage reimbursement.
Article 23 Summer School
New Section on Educational Facilities and Equipment
Summer School teachers shall have access to basic educational tools such as a copier, overhead projector, TV/VCR, lab facilities for science, etc. Classes and teachers shall have access to library facilities.
Add to 23.4 All written evaluations in the summer require a pre and post conference with rebuttal opportunity.
Add to 23.5 When teachers are assigned additional duties beyond those of teaching the summer school class(es), these shall be voluntary and shall be compensated at their per-diem rate.
New section: Consolidation of Summer School Teachers
Article 24 Compensation
24.1 A 20% increase on all rates and schedules, in line with the increased K-12 per-pupil reimbursement from the state of California since 2001.
Reduction of the number of years required to reach the top of the salary schedule to ten.
24.1.3 Use the same salary schedule for Adult Education as for K-12. (Currently they are identical but separate.)
24.1.5 Change basic rate for K-12 substitutes to $150/day, ECE to $130/day, and corresponding increases in long-term rates.
24.2.5 A unit member with fully verified non-certificated previous non-teaching experience in a field directly related to his/her certificated assignment shall be granted salary schedule credit. Credit will be granted on the basis of one (1) step for each two (2) years of acceptable experience, up to a maximum of five (5) years on the salary schedule. Application for such credit may be made upon application for initial employment, or at any time during the unit member’s employment.
*24.6.1 Add to the end of this section “in lieu of 45 units beyond the Bachelors”
24.7.3 Add social workers to this section regarding the psychologist’s work year.
24.8, 24.9, 24.10, 24.14, 24.16 and others. Health Benefits. If proposals on these sections are submitted through the Health Benefits Improvement Committee, those will be deemed to be OEA’s proposals for these sections. If no proposals are submitted through the HBIC, the following are the OEA’s proposals.
24.8.1.11 Unit members shall not pay any portion of the health insurance premium
24.10.2 Dental Plan maximum per enrollee shall be $3000 annually
Article 28 School Site Interventions
Add provisions from the proposed OEA/OUSD Memorandum of Understanding regarding schools participating in the Quality Education Investment Act to this article.
Also note proposed new section 15.8 requiring 15:1 in decile 1 and 2 schools.
Housekeeping Items
2.1.10 & 2.1.13 “Head teachers” in K-12 only, not EC. Language change only
Article 3 Definition of “per diem” is needed
10.1 & 10.1.2 Eliminate and/or change “Buy Back Days” to “Professional Development Days”
10.1.2.1 Insert at end “ECE unit members’ participation in these days is voluntary.”
23.4 Remove “The Summer School programs and”
24.4 Add to first sentence “as shown on the salary schedules.” Remove the second sentence requiring notification.
Article 24.20 Programs for Personal Growth. New subsection
24.7 Any application of this section is suspended if the State Commission on Teacher Credentialing does not currently require professional growth hours.