CONTRACT

1.1 This agreement made and entered into this 1st day of September, 1977 between the Chico Unified School District, employer, (hereinafter referred to as the "District") and the Chico Unified Teachers Association (hereinafter referred to as "CUTA" or "Association"), on behalf of those unit members for which the CUTA was recognized pursuant to action by the District dated May 5, 1976, and as modified thereafter by negotiation.

1.2 The purpose of this Agreement is to enable both parties hereto to comply with provisions of Chapter 10.7, Division 4, Title I, of the Government Code of the State of California (Sections 3540 et. seq.).

ARTICLE 2

DEFINITIONS

2.1 "Member of Unit or Unit Member" refers to any certificated employee of the District for which the CUTA is recognized as the exclusive representative in this Agreement.

2.2 "Regular School Year" refers to all instructional programs other than Summer School and Adult Education conducted by the Chico Unified School District.

2.3 "Summer School" refers to the instructional programs conducted by the Chico Unified School District during the calendar period from June 15th through August 15th, other than Adult Education.

2.4 "Adult Education" refers to the instructional programs conducted by the Chico Unified School District specifically designed for the education of adults with special provisions for the instruction of minors.

2.5 "Discretion" refers to and at all times is to be construed as meaning "sole and absolute discretion."

2.6 "Transfer" refers to a move from a unit member's position at one school to a unit member's position at another school.

2.7 "District" means the Chico Unified School District by and through the Board of Education and its duly authorized agents acting within their delegated authority.

2.8 "Personnel File" means that file maintained for each unit member at the District Office containing all documents as prescribed by law.

2.9 "Association" means the CUTA.

ARTICLE 3

RECOGNITION

3.1 The District recognized the CUTA as the exclusive representative for those unit members for which the CUTA was recognized pursuant to action by the District dated May 5, 1976, and as modified thereafter by negotiation, specifically being a unit of all certificated employees holding the following positions: classroom teachers; counselors; nurses; librarians; reading and music specialists; school resource teachers; special education teachers; summer school teachers; and adult education teachers; provided, however, that specifically excluded from representation are substitutes, psychologists, home teachers, special consultants, as well as management employees, confidential employees, and supervisory employees as designated by the District. The only employees governed by this Contract are those included within the unit. The District agrees to meet and negotiate only with the duly-authorized representatives of the CUTA.

3.2 The CUTA recognizes the Board of Education of the District as the duly-elected representatives of the people, and agrees to negotiate only with the District or the representatives designated by the District to act in its behalf.

ARTICLE 4

ASSOCIATION RIGHTS

4.1 The Association shall have the right to post notices of activities and matters of Association concern on Association bulletin boards, at least one of which shall be provided in each school building in areas frequented by teachers. The Association may use the District mail service and teacher mailboxes for communications to teachers without interference, censorship, or examination of such communications by the Board. A representative of the Association may make short announcements at faculty meetings.

4.2 Authorized representatives of the Association shall be permitted to transact official Association business on school property at all reasonable times provided they do not interfere with Unit Member's working hours.

4.3 The Association shall have the right to represent any teacher in any actual or potential discipline or dismissal proceeding with the District.

4.4 Name, school addresses, home addresses and telephone numbers of all members of the bargaining unit shall be provided without cost to the Association preferably by November 1st of each school year, but no later than the end of the first semester.

4.5 The District shall provide the Association with two (2) copies of the complete Board of Education meeting agenda, except for materials that are for executive sessions.

ARTICLE 5

PAYROLL DEDUCTIONS

5.1 Any unit member who is a Member of the Association, or who has applied for membership, may sign and deliver to the District an assignment authorizing deduction of unified membership dues, (CUTA, CTA, NEA). Such authorization shall continue in effect from year to year unless revoked in writing between June 1 and September 1 of any year. Pursuant to such authorization, the District shall deduct one-tenth of such dues from the regular salary check of the unit member each month for ten months. Deductions for unit members who sign such authorization after the commencement of the school year shall be appropriately prorated to complete payments by the end of the school year.

5.2 With respect to all sums deducted by the District pursuant to authorization of the employee, whether for membership dues or equivalent fee, the District agrees promptly to remit such monies to the Association accompanied by an alphabetical list of teachers for whom such deductions have been made, categorizing them as to membership or non-membership in the Association, and indicating any changes in personnel from the list previously furnished.

5.3 Representation Fee

Any member who is not a member of the Association and who does not make application for membership within thirty (30) days from the date of commencement of teaching duties, shall become a member of the Association or pay to the Association a fee in an amount equal to unified membership dues payable to the Association; provided, however, that the unit member may authorize payroll deduction for such fee in the same manner as provided in paragraph 5.1. In the event that CUTA has notified the District that a unit member has not paid such fee directly to the Association or authorized payment through payroll deductions, as provided in Paragraph 5.1, the District shall immediately begin automatic payroll deductions as provided in Education Code Section 45061 and in 5.l above and the fee is an amount equal to unified membership dues. Any dispute between a non-member and the Association over the amount of the representation fee shall be resolved consistent with current law including any applicable regulations and decisions of the Public Employment Relations Board. There shall be no charge to the Association for such mandatory agency fee deductions.

5.3.1 Notwithstanding any other provision of this Article, any unit member who is a member of a religious body with traditional tenets or teachings which include objections to joining or financially supporting employee organizations shall not be required to join, maintain membership in, or financially support any employee organization as a condition of employment; except that such employee is required, in lieu of payment of a lawful representation fee to the Association, to pay an amount equal of the lawful representation fee to any nonreligious, non-labor organization, charitable funds exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code. Proof of payment to any fund shall be made on an annual basis to the Association. Any dispute over the eligibility of any unit member under this provision shall be resolved pursuant to the Voluntary Labor Arbitration Rules of the American Arbitration Association between the employee and the Association.

5.4 The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article.

5.5 The Association agrees to pay to the District all reasonable fees and legal costs incurred in defending against any court action and/or administrative action challenging the legality or constitutionality of the agency fee provisions of this Agreement or their implementation.

The Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to above shall or shall not be compromised, resisted, defended, tried or appealed.

ARTICLE 6

HOURS OF EMPLOYMENT

6.1 Hours of Employment for Unit Members Employed for the Regular School Year

The parties understand and agree that Chapter 498 of the Statutes of 1983 has amended Education Code Sections 46142, 46144, 46145, and 46147. The parties agree that the District is authorized to take action as necessary to meet the requirements of these Education Code sections.

The definition of instructional minutes under this provision will conform to law and will be within the discretion of the District.

6.1.1 Full-Time Classroom Teachers

6.1.1.A Total Work Days

The regular school year for classroom teachers shall consist of a total of 184 work days, with the 184th day being scheduled as a non-student minimum day. The regular school year for classroom teachers on a year-round schedule with one or two tracks shall consist of a total of 183 work days. The regular school year for classroom teachers on a year-round schedule with three or more tracks shall consist of a total of 180 work days.

6.1.1.A.1 All classroom teachers shall be required to be present as assigned by the District on each work day during the regular school year.

6.1.1.A.2 Of the total 184 work days during the regular school year, there shall be a total of 180 teaching work days. The remaining four (4) days of the total 184 work days during the regular traditional school work year shall be considered non-teaching work days. Of the total 180 work days for teachers on a year-round schedule with four tracks, there shall be a total of 177 teaching work days. *The remaining three (3) days of the total 180 work days during the year-round school work year shall be considered non-teaching work days. Of the total 183 work days for teachers on a year-round schedule with one track, there shall be a total of 180 teaching work days. The remaining three (3) days of the total 183 work days during the year-round school work year shall be considered non-teaching work days.

Added

1994/95 * Total teaching days for 1995-96 shall be reduced to 176 days for this school year only. The number of instructional minutes will be increased to offset this one-day reduction.

6.1.1.A.2.a.1) There will be two Initial Parent Conferencing Days for K-6 teachers.

6.1.1.A.2.a.2)At least one of the two Initial Parent Conferencing Days for K-6 teachers shall be a non-student day.

6.1.1.A.2.a.3) If an Initial Parent Conferencing Day is a student day, the district shall provide appropriate lesson plans for use by the substitute teacher.

6.1.1.A.2.a.4) If an Initial Parent Conferencing Day is a student day, the district shall provide an appropriate setting for the conferences.

6.1.1.A.2.a.5) The teacher may determine the date of the second conferencing day subject to scheduling of substitutes and facilities.

Revised

1989/90 6.1.1.A.3 The scheduling of all work days, both teaching and non-teaching, during the regular school year shall be at the discretion of the District after prior consultation with CUTA.

6.1.1.A.4 In addition to the regular work year for the mentor teacher, he/she will work an additional fifteen (15) days. Any and all such extra work days, or any portion thereof, may be scheduled at the District's discretion either prior, subsequent or during the regular school year, or any combination thereof. Such extra work days shall be scheduled by the District office on days the District office is open. However, by mutual agreement between the mentor teacher and the District, work days may be scheduled at any other time. The hours for the additional work days will be eight (8) hours equivalent days and will be scheduled by the District.

6.1.1.A.5 The regular work year for unit members may be modified by mutual written agreement between the individual unit member and the District. The unit member will notify the Association of her/his intent to modify the work year. If written agreement is reached, such agreement shall be in effect for one (1) year.

6.1.1.A.6 Unit members may be eligible for exchange days subject to the following conditions:

6.1.1.A.6.a A teacher who is teaching in an on-track assignment may be permitted to exchange instructional days with a unit member who is credentialed to teach the on-track assignment.

6.1.1.A.6.b Exchange days are to be used only for occasions where the contract does not provide a leave for the desired purpose.

6.1.1.A.6.c A District exchange arrangement shall be agreed upon by the affected teachers and must be approved by the principal at least five (5) days prior to the exchange period. The District exchange agreement shall be signed by all parties prior to the exchange period.

6.1.1.A.6.d Pay back of exchange days is the responsibility of the involved unit members. The District bears no responsibility for the enforcement of private exchange day agreements between individual unit members nor shall the District be liable for the payment of additional compensation based upon any teacher working beyond his/her contracted work year due to unreimbursed exchange days.

6.1.1.A.6.e If an exchange is denied, the teacher shall be provided, upon request, written confirmation that the request has been considered, denied and the reasons therefore.

6.1.1.B Hours on Teaching Work Days

All classroom teachers shall be required to work the following hours on teaching work days as scheduled at the discretion of the District.

6.1.1.B.1 Student Day Time

6.1.1.B.1.a Teachers of Grades K-6

Revised

1993/94 6.1.1.B.1.a.1) In addition to the classroom preparation time specified in the Non-Student Day Time section of the Agreement, each K-6 teacher may request and will be released from regular teaching responsibilities the equivalent of fourteen one-half (1/2) days per year, to be taken in full or one-half (1/2) day increments, to perform class preparation work. This number will be increased to sixteen one-half (1/2) days per year effective July 1, 1993, and eighteen one-half (1/2) days per year effective July 1, 1994. In the event a teacher does not work a full year, the teacher preparation time shall be pro-rated to the time worked. Each part-time teacher will be released from regular teaching responsibilities on a pro rata basis.

The Elementary Prep Time Task Force will be reconvened on or before October 31, 1993.

Added

1995/96

6.1.1.B.1.a.1.1) A program improvement modification plan will be designed and implemented during the 1996-97 school year. Monies to provide this program enhancement are included in the expense portion of the salary formula to be included in Article 8 and are contingent upon the receipt of the funds from settlement of the CTA v. Gould suit Pending ratification of the settlement, the parties agree to meet monthly in a collaborative mode concerning program improvement, with the objective of implementing a plan by second semester of 1996-1997.

6.1.1.B.1.a.2) The teacher shall use the scheduled preparation time for classroom preparation work.

6.1.1.B.1.a.3) The scheduling of the days and hours for preparation time, the work location, and the class preparation work shall be at the discretion of the District.

6.1.1.B.1.a.4) The District may direct the teacher to perform other than class preparation duties during the preparation time provided such duties are limited to emergency situations as deemed necessary by the District.

* Equivalent Preparation time (fourteen [14] one-half days) as recommended by the "Joint Committee" to CUSD and the CUTA and subsequently approved by the Board of Education may be implemented by the Board of Education during the 1987-88 school year.

If Equivalent Preparation time is implemented by the Board of Education during the 1987-88 school year, the fourteen (14) one-half days of preparation time will be superseded by the Equivalent Preparation time plan that is approved and implemented by the Board of Education.

6.1.1.B.1.b Kindergarten Teachers

6.1.1.B.1.b.1) One (1) two hundred (200) minute teaching session as principal classroom teacher.

6.1.1.B.1.b.1)a) Not more than two hundred five-(205) minute teaching sessions as principal classroom teacher in year-round education schools.

6.1.1.B.1.b.2) Not more than an additional sixty (60) minutes during which time said teacher will, at District discretion, a) serve as an aide to another on-site kindergarten teacher, or b) serve as an aide to assist students in a first grade class with their developmental skills, or c) serve as an aide to assist students in a second or third grade class with their developmental skills (limited to teachers employed and/or voluntarily transferred into a kindergarten class after October 1, 1982), or d) perform preparatory work for said teacher's own classes.

6.1.1.B.1.c Teachers of Grades One (1) Through Three (3)

6.1.1.B.1.c.1) Not more than two hundred eighty (280) minutes of teaching plus recess supervision. Not more than two hundred eighty-six (286) minutes of teaching plus recess supervision in year-round-education schools

6.1.1.B.1.d Teachers of Grades Four (4) Through Six (6) and Elementary Music Teachers:

Revised

1986/87 6.1.1.B.1.d.1) Not more than three hundred (300) minutes of teaching plus recess supervision. Not more than three hundred seven (307) minutes of teaching plus recess supervision in year-round-education schools

6.1.1.B.1.e Teachers of Grades Seven (7) Through Twelve (12) as to All Schools Except Secondary Continuation School

6.1.1.B.1.e.1) Not more than two hundred eighty (280) minutes of teaching divided into not more than five (5) teaching periods. The teaching periods and the preparation period for any classroom teacher shall not extend beyond six (6) consecutive class periods unless mutually agreed to by the teacher and the District. If by mutual agreement, the teacher's teaching periods and preparation period extend beyond six (6) consecutive periods, the teacher's total student day time will remain unchanged. Such mutual agreement shall be in writing and a copy forwarded to the Association.

6.1.1.B.1.e.2) A full-time teacher may volunteer and may be appointed by the District to teach an "additional Sixth Class." The weekly class time for the Additional Sixth Class will be equivalent in length to the weekly class time for the other classes at the school. This extra class assignment may be terminated by the teacher at the end of the grading period (i.e., at the end of the quarter for a quarter class; at the end of a trimester for a trimester class; at the end of a semester for semester and year classes with a minimum of three [3] weeks' notice to the District prior to the end of the semester). The District reserves the right to terminate the class at its discretion. The teacher shall perform all additional work related to the Additional Sixth Class. The teacher's teaching periods and preparation period will extend beyond the regular six (6) consecutive periods. The class size provisions in Article 7, Class Size, of this Agreement are applicable to the Additional Sixth Class, with the exception of the maximum of 175 students assigned provision which may be increased to a maximum of 210 assigned students.

6.1.1.B.1.e.3) One preparation period equivalent in length of time to one of the teaching periods at the school will be assigned to teachers. The District may request a teacher to perform duties other than activities related to the teaching task during a preparation period, provided such is limited to assisting staff during emergency situations as deemed necessary by the District.

6.1.1.B.1.e.4) Advisory periods to a maximum of twelve (12) in a school year at the discretion of the District. These shall not be a teaching period within the meaning of subparagraph (2) immediately above. All teaching periods, the advisory period, and the preparation period shall, however, be held within the period of the day normally allotted to teaching periods and the preparation period.

6.1.1.B.1.f Teachers of Secondary Continuation School:

Not more than one (1) three hundred forty (340) minute teaching session.

6.1.1.B.2 Non-Student Day Time

6.1.1.B.2.a An additional fifteen (15) minutes on-site engaged in activities related to the teaching task, prior to the opening of the student day and an additional fifteen (15) minutes on site so engaged after the close of the student day.

6.1.1.B.2.b An additional fifteen (15) minutes on-site for a total of thirty (30) minutes, prior to the opening of the student day or after the close of the student day such as the District shall select, which total time may be assigned for the purpose of student supervision. Based on each unit member's full or part-time service, all supervision time will be assigned as equitably as possible to all unit members. Except at small rural schools, said thirty (30) minute period days shall not be in excess of five (5) in any one school calendar month for any one teacher.

6.1.1.B.2.c Such additional hours as the District shall designate, not to exceed 8 hours in any one school calendar month, or 60 hours in any one school year, for the purposes of meetings or activities authorized and directed by management personnel, as the District shall, in its discretion, deem necessary. The District shall schedule all faculty meetings to commence not earlier than 50 minutes prior to the start of the student day, nor later than 15 minutes after the close of the student day. Meetings prior to the start of the student day, however, shall not be held at a school site during a school year unless in that year 2/3 of the unit members assigned to the site have agreed to permit them.

6.1.1.B.2.d The classroom teacher shall also work such additional time as shall be necessary to complete the responsibilities enumerated in this section (d). The time frames for completing the responsibilities are:

Responsibilities to be completed at the discretion of the individual teacher within time frames as directed by the District:

6.1.1.B.2.d.1) completing classroom preparation, including but not limited to daily and long-range instructional planning, instructional materials selection and preparation, etc.

6.1.1.B.2.d.2) keeping of student reports and records on attendance, behavior, grades, performance, tests, citizenship, and other student reports and records

6.1.1.B.2.d.3) maintaining a proper and professional classroom environment

6.1.1.B.2.d.4) completing any further activities necessary to accomplish the teacher's professional responsibilities

Responsibilities to be completed as directed by the District:

6.1.1.B.2.d.5) participate in the evaluation of the teacher's performance and the improvement of her/his performance

6.1.1.B.2.d.6) participate in parent and/or student conferencing, advising and communications

6.1.1.B.2.d.7) participate in fire drills, civil defense preparation and other student safety, health and welfare requirements as shall be required by the District.

6.1.1.B.2.e All classroom teachers for grades one through six and Secondary Continuation School shall be provided two (2) ten (10) minutes unassigned relief periods each day, less student passing time as scheduled at the District's discretion.

6.1.1.B.2.f All classroom teachers shall each day be provided with one (1) duty-free, uninterrupted lunch period of thirty (30) minutes, or the length of the student lunch period at the site, if longer, provided, however, that to allow for student passing time, on inclement weather days or in emergency situations as deemed necessary by the District, said lunch period may be thirty (30) minutes even though the student lunch period at the site is longer than thirty (30) minutes.

6.1.1.C Hours on Non-Teaching Work Days

All classroom teachers shall work a total number of hours on each non-teaching work day equal to the hours required on teaching work days as scheduled at the discretion of the District. The hours of work on the first non-teaching work day of the Regular School Year shall conclude at or before three o'clock p.m.

6.1.2 Full-Time Counselors and Librarians

6.1.2.A Total Work Days

The regular school year for counselors and librarians shall consist of a total of 184 work days concurrent with the regular school year for classroom teachers. Such regular school year for any counselor or librarian may be extended to also include up to a maximum of ten (10) extra work days for extra pay at each person's daily rate of pay. Any and all such extra work days, or any portion thereof, may be scheduled at the District's discretion either prior, subsequent or during the regular school year, or any combination thereof. Such extra work days shall be scheduled only on days the District office is open.

6.1.2.A.1 All counselors and librarians shall be required to be present as assigned by the District on each work day during the regular school year

6.1.2.A.2 The scheduling of all of the work days, both regular and extra, shall be at the discretion of the District, provided, however, that such work days shall be scheduled only on days the District office is open.

6.1.2.B Hours on Work Days

All counselors and librarians shall be required to work the following hours on work days:

6.1.2.B.1 A total number of hours of work on each work day, at such times as shall be scheduled at the discretion of the District, equal to the total number of hours of work for classroom teachers of grades seven (7) through twelve (12) as set forth in paragraphs 6.1.1.B.1.e, 6.1.1.B.2.a, 6.1.1.B.2.b, 6.1.1.B.2.c, 6.1.1.B.2.e and 6.1.1.B.2.f of this Article. The hours set forth in paragraph 6.1.1.B.1.e.3) shall not be considered teaching periods or preparation periods, but shall be for the purpose of performing such work as is defined in the Certificated Position Descriptions for counselors and librarians.

6.1.2.B.2 The counselor or the librarian shall work such additional time as is necessary to accomplish in a professional manner the counselor's or librarian's duties and responsibilities as set forth in the Certificated Position Descriptions for counselors and librarians as adopted, amended or modified by the District in its discretion, provided, however, that the District shall adopt, amend or modify the Certificated Position Description for counselors and librarians only at the conclusion of a regular school year so as to then apply only to the subsequent regular school years.

6.1.2.B.3 Such additional time as shall be necessary for the evaluation of the counselor's or librarian's performance and the improvement of each such person's performance.

6.1.3 Full-Time Nurses

6.1.3.A Total Work Days

The regular school year for nurses shall consist of a total of 184 work days, concurrent with the regular school year for classroom teachers.

6.1.3.A.1 All nurses shall be required to be present as assigned by the District on each work day during the regular school year.

6.1.3.A.2 The scheduling of all of the work days during the regular school year shall be at the discretion of the District.

6.1.3.B Hours on Work Days

All nurses shall be required to work the following hours on work days:

6.1.3.B.1 A total number of hours of work on each work day, at such times as shall be scheduled at the discretion of the District, equal to the hours of work for classroom teachers of grades seven (7) through twelve (12) as set forth in paragraphs 6.1.1.B.1.e, 6.1.1.B.2.a, 6.1.1.B.2.b, 6.1.1.B.2.c, 6.1.1.B.2.e and 6.1.1.B.2.f of this Article. The hours set forth in paragraph 6.1.1.B.1.e.3) shall not be considered teaching periods or unassigned preparation periods, but shall be for the purpose of performing such work as shall be assigned by the District in its discretion.

6.1.3.B.2 The nurse shall work such additional time as is necessary to accomplish in a professional manner the nurse's duties and responsibilities as set forth in the Certificated Position Description for nurses as adopted, amended or modified by the District in its discretion, provided, however, that the District shall adopt, amend or modify the Certificated Position Descrip-tion for nurses only at the conclusion of a regular school year so as to then apply only to the subsequent regular school years.

6.1.3.B.3 Such additional time as shall be necessary for the evaluation of the nurse's performance and the improvement of each such nurse's performance.

6.1.4 Full-Time Reading Specialists and School Resource Teachers

6.1.4.A Total Work Days

The regular school year for reading specialists and school resource teachers shall consist of a total of 184 work days, concurrent with the regular school year for classroom teachers.

6.1.4.A.1 All reading specialists and school resource teachers shall be required to be present as assigned by the District on each work day during the regular school year.

6.1.4.B Hours on Work Days

All reading specialists and school resource teachers shall be required to work the following hours on work days:

6.1.4.B.1 A total number of hours of work on each day, at such times as shall be scheduled at the discretion of the District, equal to the hours of work for classroom teachers of grades four (4) through six (6) as set forth in paragraphs 6.1.1.B.1.d and 6.1.1.B.2.a through 6.1.1.B.2.f of this Article.

6.1.4.B.2 The reading specialists and school resource teachers shall work such additional time as is necessary to accomplish in a professional manner the reading specialist's and school resource teacher's duties and responsibilities as set forth in the Certificated Position Description for reading specialists and school resource teachers as adopted, amended or modified by the District in its discretion, provided, however, that the District shall adopt, amend or modify the Certificated Position Description for reading specialists and school resource teachers only at the conclusion of a regular school year so as to then apply only to subsequent regular school years.

6.1.4.B.3 Such additional time as shall be necessary for the evaluation of the reading specialist's and school resource teacher's performance and the improvement of each such reading specialist's and school resource teacher's performance.

Revised

1991/92 6.1.5 The regular school year for non-regular classroom teachers including but not limited to music specialists, fine arts specialists, ESL teachers, resource teachers, counselors, librarians, nurses, and reading specialists, who are assigned partially to a year-round school site, shall be as follows:

180 day work year when assigned at least 87.5% of the work year (157 days for full-time employee) to a YRE site.

181 day work year when assigned at least 62.5% but less than 87.5% of the work year (112 days but less than 157 days for a full-time employee) to a YRE site.

182 day work year when assigned at least 37.5% but less than 62.5% of the work year (67 days but less than 112 days for a full-time employee) to a YRE site.

183 day work year when assigned at least 12.5% but less than 37.5% of the work year (22 days but less than 67 days for a full-time employee) to a YRE site.

184 day work year when assigned less than 12.5% of the work year (22 days for a full-time employee) to a YRE site.

6.1.6 "Rovers"

6.1.6.A A "roving" teacher is not assigned any classroom and therefore changes classrooms every time a given track goes off track.

6.1.6.B A teacher may volunteer only to be a "rover" and will be assigned to the position if approved by the principal.

6.1.7 "Track-In/Out" Days

The District agrees to provide "track-in" days, which do not reduce the annual number of student instructional days. When a track-in day is not provided for by the District following an off-track period of time of at least three weeks, the District will compensate the returning teacher for additional time spent in classroom preparations using the following guidelines:

6.1.7.A One full day's pay for a teacher who is returning to a different classroom.

6.1.7.B One-half day's pay for a teacher who is returning to the same classroom that was previously occupied by that teacher, but was used by another teacher/program during the off-track period of time in such a manner that the classroom must be re-established as determined by the District.

This section does not apply to teachers concurrently (excluding track breaks) assigned to the same room.

The District will schedule each track-out day as a minimum day for students.

Implementation of these track-in/out practices will commence with the first day of the 1992-93 YRE school year.

6.1.8 Additional Time for Extra-Pay "Assignments"

Revised

1989/90 The District may assign additional responsibilities to an employee that are in addition to those responsibilities as defined in Sections 6.1.1, 6.1.2, 6.1.3, and 6.1.4. Although these additional responsibilities are a consequence of an employee's regular assignment, the employee shall receive an extra-pay stipend (See Extra-Pay "Assignments" listed on schedule W-EPM, W-EPSA) since these additional responsibilities will require additional time beyond those defined in Articles 6.1.1, 6.1.2, 6.1.3 and 6.1.4. An employee shall work such additional time as shall be required to complete the additional responsibilities in a professional manner.

6.1.9 Additional Time for Extra-Pay "Positions"

6.1.9.A Each unit member who has served satisfactorily, as determined by the District, in an extra-pay position during the current school year and expresses a willingness to be appointed to the same extra-pay position for the following year will be notified by June 1, of his/her reappointment for the next school year (reappointment provisions do not apply to teacher-in-charge or mentor teacher positions). Unit member appointment/reappointment to teacher-in-charge and mentor teacher extra pay positions will be made annually at the discretion of the District in compliance with the provisions of this Agreement.

The appointment will be contingent on the program being offered by the District in that school for the following year.

6.1.9.B An extra-pay position that is not filled via the reappointment process will be declared an open position. When a position is declared open, the District will publicize the open position by posting a notice of the open position at each school. The notice will include a list of qualifications for the position. All unit members who are interested in being considered for the position (see Extra-Pay "Positions" listed on Schedules W-EPM, W-EPSA and W-EPA) may submit an application to the District Personnel Office.

6.1.9.C The District will first consider unit member applications for the open position. If a unit member candidate is properly qualified, as determined by the District, he/she will be appointed to the position. In the event that no unit member is appointed to the position, other applicants will be considered. Appointments to all extra-pay positions will be based on District timelines and contingent on the program being offered in the school for the following year.

6.1.9.D Each unit member who is appointed to an extra-pay position will work such additional time as necessary to complete the responsibilities in a professional manner as set forth in the District-adopted job description. The District may amend or modify job descriptions at the conclusion of each school year to be applicable to the subsequent year.

6.1.10 Part-Time Employment

Unit members employed part-time shall work those minutes as are set forth herein as required for unit members employed full-time in accordance with that proportion of their part-time employment as is compared to the applicable full-time position described in this Article. Paragraph 6.1.1.A.4 shall apply to these unit members.

6.2 Hours of Employment for Unit Members Employed for Summer School

6.2.1 Total Work Days

Revised

1989/90 The summer school work year for unit members shall begin at the discretion of the District, and shall consist of the following work days:

6.2.1.A A minimum of nineteen (19) work days and a maximum of twenty-nine (29) work days for the regular Summer School session, plus such additional days as shall be required for special Summer School programs. The number of said work days shall be determined at the discretion of the District.

6.2.1.B All unit members shall be required to be present as assigned by the District on each work day during the summer school.

6.2.1.C The scheduling of all work days during the summer school shall be at the discretion of the District.

6.2.2 Hours on Work Days

All unit members shall be required to work the following hours on work days as scheduled at the discretion of the District:

6.2.2.A One (1) two hundred forty (240) minutes teaching session plus recess supervision for elementary summer school. One (1) two hundred fifty (250) minutes teaching session plus recess supervision for secondary summer school.

6.2.2.B An additional fifteen (15) minutes on-site engaged in activities related to the teaching task, prior to the opening of the student day and an additional fifteen (15) minutes on-site so engaged after the close of the student day.

6.2.2.C Any and all additional hours required as set forth in the job description as determined by the District.

6.2.2.D Such additional hours as the District shall designate, not to exceed five (5) hours during the summer sessions covered by the Contract, for the purpose of faculty meeting, grade-level meetings and planning sessions.

6.2.2.E Recognizing that additional time is required, the unit member shall complete additional responsibilities within the following timelines:

Responsibilities to be completed at the discretion of the individual teacher within time frames as directed by the District.

6.2.2.E.1 completing classroom preparation, including but not limited to daily and long-range instructional planning, instructional materials selection and preparation, etc.

6.2.2.E.2 keeping of student reports and records on attendance, behavior, grades, performance, tests, citizenship and other student reports and records

6.2.2.E.3 maintaining a proper and professional classroom environment

6.2.2.E.4 completing any further activities necessary to accomplish the teacher's professional responsibilities

6.2.2.E.5 participate in the evaluation of the teacher's performance and the improvement of her/his performance

6.2.2.E.6 participate in parent and/or student conferencing, advising and communications

6.2.2.E.7 participate in fire drills, civil defense preparation and other student safety, health and welfare requirements as shall be required by the District.

6.3 Extra Work

6.3.1 Payments for Extra Work

Revised

1989/90 The District will pay for extra work initiated by the District to which a unit member consents in writing as follows:

6.3.1.A Work performed outside the 184-day contract work day shall be paid at the hourly rate of 1/8 of 1/184 of such unit member's salary on the regular salary schedule per hour worked. For unit members at a year-round school site on a year-round schedule, work performed outside the 180-day contract work year shall be paid at the hourly rate of 1/8 of 1/184 equivalent days of such unit member's salary on the regular salary schedule per hour worked.

6.3.1.B Work performed during a teaching work day on release time during the contract work day shall be paid at the rate of 1/3 of the rate provided in Section 6.3.1.A (Not applicable to mentor teacher.)

6.3.2 Exceptions

Exceptions to the above extra work-extra pay arrangements include the following work:

6.3.2.A The District may require work during release time from a teaching work day without extra pay for inservice activities approved by the District after consultation with CUTA. Further, the District may require work during release time from a teaching work day without extra pay for reactive problem solving conferences, for individual problems deemed essential by the site administrator, for evaluations of interim and terminal graduation competency requirement assessments, for parent conferencing, for instructional planning and articulation, and inservice activities at the school site(s).

6.3.2.B Any work voluntarily performed without written agreement.

ARTICLE 7

CLASS SIZE

7.1 Class Size for Unit Members Employed for the Regular School Year

The District shall have discretion to determine class size for all unit members employed for the Traditional/Year-Round Education School Year, subject to the following limitations:

7.1.1 The District-wide staffing ratio of pupils to F.T.E adults shall be not in excess of 160/1 for grades 7-12 and 30/1 for grades 1-6.

7.1.2 Class size during the first semester and first trimester for 90% of the classroom teachers employed for the regular school year beginning with the 21st teaching day, and 100% of the classroom teachers employed for the regular school year beginning with the 31st teaching day, shall not exceed the indicated maximum students per class or students assigned per classroom teacher for the grades listed in paragraph 7.1.4.

7.1.3 Class size during the second semester and second and third trimester for 90% of the classroom teachers employed for the regular school year beginning with the third teaching day, and 100% of the classroom teachers employed for the regular school year beginning with the fifth (5th) teaching day, shall not exceed the indicated maximum students per class or students assigned per classroom teacher for the grades listed in paragraph 7.1.4.

7.1.4A Kindergarten-3 30 students/class provided that up to 15% of the classes may at the District discretion have as many as 33 students per class in K, and 32 students per class in grades 1-3.

7.1.4 B Grades 4-6 33 students per class provided that up to 15% of the classes may at the District's discretion have as many as 35 students per class.

7.1.4C Grades 7-12 40 students per class and 175 students assigned per classroom teacher in any one teaching day plus a group of 30 students per advisory period, provided that up to 15% of the advisory groups may at the District's discretion have as many as 35 students per group.

7.1.5 Class sizes may exceed the maximums set forth in paragraph 7.1.4C of this Article by mutual consent of the individual unit member and the District, executed in writing and filed with the CUTA and the District.

7.1.6 A student shall not be counted as a member of a class until he or she has been in it for more than 15 days.

7.1.7 Grades kindergarten through sixth students attending a regular class, regardless of the amount of class time involved, shall count as one full student in calculating the size of the regular class.

7.2 Class Size for Unit Members Employed for Adult Education and Summer School

The District shall have discretion to determine class size for all unit members employed for Adult Education or Summer School.

7.3 Student to Counselor Ratio

The Student to Counselor Ratio shall not exceed 400 students to one full-time equivalent counselor.

Back to CUTA or CUSD

ARTICLE 8

WAGES

8.1 Wages for Unit Members will be Paid in Accordance with the Following Schedules:

Revised

1997/98 "CUSD/CUTA Unit Member Salary Effective 1/1/98

Schedule for the Regular School

Year - Schedule W - 1997-98"

"Unit Members Employed for Effective for the 1998

Summer School - Schedule W-SS" Summer Sessions

For 1998-1999: All unit members employed during the 1998-99 school year shall receive a payment of 2.5% of their 1998-99 step and column placement on the 1997-98 uniform salary schedule.

For 1999-2000: All unit members shall be placed on salary schedule W. This shall be retroactive to July 1, 1999. It is understood that the members occupying the following step and column placements shall be moved to the next greater salary schedule step. These shall be permanent advancements and shall count towards longevity steps:

Step and column placements: Class I step 15, Class II step 15, Class III step 15

For 2000-2001: All unit members shall receive a raise, relative to enrollment. The enrollment will be measured on the last working day of the fourth week of traditional school, 1999 compared to the same day in the next year 2000.

If the enrollment on the last working day of the fourth week of traditional school, 1999 compared to the same day in the next year 2000 is + or - 25 students, the uniform salary schedule increase shall be 3%.

If the enrollment on the last working day of the fourth week of traditional school, 1999 compared to the same day in the next year 2000 is +26-50, the uniform salary schedule increase shall be 3.25%.

If the enrollment on the last working day of the fourth week of traditional school, 1999 compared to the same day in the next year 2000 increases by 51 or more, the uniform salary schedule increase shall be 3.50%.

If the enrollment the last working day of the fourth week of traditional school, 1999 compared to the same day in the next year 2000, is - (down) 26-50 students the uniform salary schedule increase shall be 2.75%.

If the enrollment the last working day of the fourth week of traditional school , 1999 compared to the same day in the next year 2000 is - (down) 51 or more students the uniform salary schedule increase shall be 2.5%.

8.1.1 Unit Members Employed Full Time for the Regular School Year

8.1.1.A Wages for all of the work days performed by unit members employed full time during the regular school year, except the extra work described in paragraph 8.1.2, and the extra work days for counselors and librarians described in paragraph 8.1.3, shall be at an annual rate, payable in either twelve (12) equal monthly installments or ten (10) equal monthly installments, at the unit member's option, the first payment commencing on September 30, of the current year, as set forth on Schedule W (current year) CUSD/CUTA Unit Member Salary Schedule for the Regular School Year.

8.1.2

Formerly

8.1.1.B

Revised

5/98 Wages for the extra work performed by unit members as prescribed in the job descriptions for the extra pay positions are set forth on the Extra Pay Schedules (W-EPM, W-EPSA, W-EPA). Only upon mutual agreement on a year-to-year basis between the association and the District, the District may split any extra pay position, with the compensation being prorated. Wages for the extra pay positions referenced in this section are payable as follows:

8.1.2.A Extra Pay Wages Schedules

(Schedule W-EPM)/Wages Extra Pay Monthly - Payable on a monthly basis.

(Schedule W-EPSA)/Wages Extra Pay Semiannual - Payable at the end of each semester.

(Schedule W-EPA)/Wages Extra Pay Annual - Payable upon completion of the assignment.

8.1.2.B Extra Pay Wages Calculations

Annual Wages Rate - Annual wages for these positions will be specified as flat dollar amounts.

Daily Wages Rate - Daily wages will be computed by dividing the unit member's annual wage (placement on the current "Unit Member Salary Schedule for the Regular School Year") by the number of work days (currently 184 days--or 184 equivalent days for Y.R.E. members.)

Hourly Wages Rate - Hourly wages will be computed by determining the unit member's daily rate, then dividing the daily rate by 8.

Wage Rate for Extra Work for Extra Pay Factors - If more than one "Unit Member Salary Schedule for the Regular School Year" is in effect during the school year that the extra-pay services are being delivered, the extra-pay factor will be multiplied by the unit member's extra-pay placement on the Annual Wages Table for that year.

The unit member's extra-pay placement on the salary schedule shall be made commensurate with the member's academic preparation (class placement) and paid experience (step placement) for each extra-work for extra-pay category. Once established, the unit member will retain her/his extra pay placement on the salary schedule. The unit member's extra-pay placement for each extra-work for extra-pay category shall progress on the salary schedule from step to step for each year of paid experience after completion of all responsibilities (excludes step progression for less than full service).

Extra work for extra-pay categories are:

Academic Decathlon Advisor Position

Middle School/Junior & Senior High Activities Advisor Assignment

Senior High Agricultural Program Assignment

Driver Training Coordinator Position (Summer)

Senior High Athletic Director Position

Middle School/Junior & Senior High Instrumental Band Assignment

Middle School/Junior & Senior High Choral Assignment

Middle School/Junior & Senior High Drama Assignment

Middle School/Junior & Senior High Yearbook Assignment

Middle School/Junior & Senior High Newspaper Assignment

Revised 1997/98 Senior High Cheerleader Position (Fall)

Revised 1997/98 Assistant Cheerleader Position (Fall)

Revised 1997/98 Senior High Cheerleader Position (Spring)

Revised 1997/98 Assistant Cheerleader Position (Spring)

Added 5/98 Senior High Dance Advisor

Added 5/98 Senior High Literary Magazine Advisor

Teacher-in-Charge Position

Elementary Honor Band and Choral Position

Secondary Department Chairman Position

Driver Training Coordinator/Department Chair Position

Intramural Sports Head & Assistant Director Position

Coaching Positions in a Given Sport (i.e., Head Varsity, Head Junior Varsity, Head Freshmen and Assistants in a Given Sport)

Added 1994/95 Outdoor Education Teacher (Environmental Camp Teacher)

Revised 1994/96 8.1.2.C The District shall provide a substitute teacher for Teacher-in-Charge when site administrator(s) is(are) off campus more than four hours

Former 8.1.1.B.3 8.1.2.D Extra Pay Warrants

Separate warrants shall be provided for extra pay positions listed on Schedule W-EPSA, Schedule W-EPA and those positions on Schedule W-EPM identified with an asterisk.

Sections

renumbered

1995/96 8.1.3 Wages for the extra work days for counselors and librarians described in Article 6 shall be at the rate of 1/184th of said individual counselor's or librarian's annual salary for each such extra work day performed at the District's request.

8.1.4 Unit Members Employed Part Time for the Regular School Year

Wages for all of the work days performed by unit members employed part time during the regular school year shall be based upon the wages applicable to the full-time position involved in accordance with the proportion of the applicable full-time position being worked part time by the unit member; provided, however, that the non-teaching time described in paragraphs 6.1.1.B.2.c, 6.1.1.B.2.d and 6.1.1.C of Article 6 shall not be considered in determining the basis for wages for unit members working part time during the regular school year. For purposes of this paragraph, the teaching time for unit members employed full time in grades seven (7) through twelve (12) shall be based on five (5) teaching periods.

8.1.5 Provisions Governing Placement on "CUSD/CUTA Unit Member Salary Schedule for the Regular School Year - Schedule W"

8.1.5.A All scheduled units (scheduled units are based on semester credit) earned prior to earning the Bachelor's Degree shall be considered as included within the Bachelor's Degree.

8.1.5.B All upper division and graduate units earned after receiving the Bachelor's Degree shall count in excess of that degree. Under special circumstances, as recommended by the Certificated Professional Growth Committee, other lower division units earned after receipt of the Bachelor's Degree may, as approved by the District, count in excess of the degree.

Effective August 6, 1985, but not in any event prior to that date, all graduate units approved as excess units by the college or university which were earned prior to receiving the Bachelor's Degree and did not count towards the Bachelor's Degree, shall count as excess units. Credit for these excess units shall be granted at the time of initial employment only.

8.1.5.C Prior teaching experience outside the District, as verified by the District, shall earn one step per year to a maximum of eleven (11) years. Effective with the 1993-94 school year, credit for prior teaching experience shall be increased by one (1) additional year per year for each subsequent year of service to a maximum of fourteen (14) years prior credit. The increased years of service shall be paid from the date of their implementation, not retroactively. Credit shall be allowed for fractional parts of a year if the prior teaching experience occurred on a full-time basis for seventy-five percent (75%) of the total work days of the year. Kindergarten and above or private school (of more than thirty students), college or U.S. Service School full-time teaching experience, while holding a Bachelor's Degree and appropriate teaching credential, shall count on equal basis with public school teaching experience.

8.1.5.D When, at the time of employment, an individual qualified for, holds a Vocational Credential, granted on the basis of vocational experience and expertise, for purposes of salary schedule placement, a maximum credit of eight (8) years may be allowed for a combination of vocational and/or teaching experience, if any. A maximum credit of eight (8) years may be allowed for a combination of vocational and/or teaching experience, if any. Effective with the 1991-92 school year, credit for prior experience may be increased by one (1) additional year per year for each subsequent year of service, to a maximum of fourteen (14) years prior credit. The increased years of service shall be paid from the date of their implementation, not retroactively.

8.1.5.D.1 When an individual in the District is required to hold a Vocational Credential to participate in a vocational program authorized by the District, credit of a maximum of eight (8) years for that individual's vocational experience may be granted for step advancement on the salary schedule. Effective with the 1991-92 school year, credit for prior experience may be increased by one (1) additional year per year for each subsequent year of service, to amaximum of fourteen (14) years prior credit. The increased years of service shall be paid from the date oftheir implementation, not retroactively.

8.1.5.E Step-to-step progression of unit members on the salary schedule will be based on a full year of experience and will be made at the beginning of each regular school year.

A "full year of experience" will be earned by a unit member who actively delivers no less than four-fifths (4/5) F.T.E. daily service to the District, including in-District R.O.P. classroom instruction, and/or is on a selected leave(s) as per Article 10, Leave Policies, of this Agreement for at least seventy-five percent (75%) of the working days in the regular school year.

A "full year of experience" will also be earned by a unit member who has earned two different one-half years of experience. One-half year of experience will be earned by:

8.1.5.E.1 actively delivers no less than four-fifths (4/5) F.T.E. daily service to the District and/or is on a selected leave(s) as per Article 10, Leave Policies, of this Agreement for at least seventy-five percent (75%) of the working days in one-half of the regular school year; or

8.1.5.E.2 actively delivers no less than one-fifth (1/5), two-fifths (2/5), one-half (1/2) or three-fifths (3/5) FTE daily service and/or is on a selected leave(s) as per Article 10, Leave Policies, of this Agreement for at least 75% of the working days in the regular school year.

Experience credit shall not be accrued in other than full year or one-half year increments.

8.1.5.E.3 Unit members on leave from the District under the following leave provisions will not earn experience for progression on the salary schedule.

8.1.5.E.3.a Substitute Pay-Section 10.1.8

8.1.5.E.3.b Maternity Leave-Section 10.1.11

8.1.5.E.3.c Child Care Leave-Section 10.1.12

8.1.5.E.3.d Differential Pay Leave-Section 10.1.15A

8.1.5.E.3.e Legislative Leave-Section 10.1.16

8.1.5.E.3.f Personal Leave in Excess of One Semester-Section10.1.17

8.1.5.F Recognition for a Master's Degree from an accredited institution in the amount of $698 ($712 effective January 1, 1994) will be applied to the base salary schedule. After 1982-83, any percentage increase applied to the "CUSD/CUTA Unit Member Salary Schedule for the Regular School Year" will be applied to the Master's Degree.

8.1.5.G The provisions of the District Policy 4520 entitled, "Professional Growth," as revised April 1990, are hereby incorporated by reference.

8.1.6 Driver Training Provisions

Extra Pay for unit members teaching driver training at Pleasant Valley and Chico High Schools shall be as follows:

8.1.6.A Salary for driver training during the regular school year beforeand after regular school hours for the years 1993-94 and1994-95 shall be $21.29 per hour ($21.72 effective January 1, 1994) up to X hours per year and $42.90 per hour ($43.44 effective January 1, 1994) for hours in excess of X hours per year.

X shall be recalculated based on the total Chico and Pleasant Valley High School enrollment as of October 1 of each school year in accordance with the following formula:

X=6 (Enrollment) 490

( 3 )

Provided, however, that X shall be reduced or increased only in increments of 12. Thus, for example, if the formula reduces X less than 12, X shall remain at 1280. If the formula reduces X by at least 12, but less than 24, X shall be 1268, and so on.

8.1.6.B Subject to modification by the Driver Training Coordinator and the On-Site Administrator, requests made to unit members to teach driver training before and/or after regular school sessions will be made in accordance with a three-tier priority system:

8.1.6.B.1 Teachers currently teaching driver training.

8.1.6.B.2 Teachers who have taught driver training in the past.

8.1.6.B.3 Teachers who are credentialed but have never taught in the driver training program.

8.1.6.C In cases in which the Driver Training Coordinator and the On-Site Administrator disagree, the On-Site Administrator shall make the final decision.

8.1.7 Payroll Errors Provisions

8.1.7.A Whenever it is determined that an error has been made in the wages of an employee, the party identifying the error shall apprise the other party as soon as possible. Following such notification, the error will be corrected within a reasonable period of time.

8.1.7.B In the event of an underpayment to the employee, the District will provide the employee with a statement of the correction and a supplemental pay warrant within 30 days.

8.1.7.C In the event of an overpayment to the employee, the employee will be given a reasonable opportunity to meet with the District representatives to discuss the error. In the event that the District and the employee do not mutually agree to a repayment schedule, the District will deduct a portion of the employee's wages (not to exceed 10% of the monthly net salary) in subsequent months until the District is fully reimbursed. An exception to the 10% deduction restriction shall be made when the employee's employment in the District is in the process of or has been terminated.

8.1.8 Supervising Teachers

8.1.8.A Each supervising teacher/unit member who volunteers and is appointed by the District to supervise the training of a student teacher and who completes his/her supervision of said student teacher, under the guidelines of the Student Teaching Agreement between the State of California through California State University, Chico, and the Chico Unified School District, shall receive an honorarium or payment as provided for in the CUSD/CSUC Student Teaching Agreement of $25.00 per semester unit of credit, or portion thereof, granted to the student as provided for in the CUSD/CSUC Student Teaching Agreement. This honorarium or payment shall not exceed the amount stipulated in the Student Teaching Agreement. In the event that the sum received by the District from the University is not sufficient to pay the full amount to each supervising teacher/unit member, the District will pay a pro rata amount to the supervising teacher/unit member, as determined by the District. When two or more supervising teachers/unit members supervise the training of the same student teacher, the District will pay a pro rata amount to each of the unit members, as determined by the District.

8.1.9.B The District retains all rights, powers, and authority to govern the student teaching program within the District.

8.1.9.C A copy of the Student Teaching Agreement shall be forwarded to the CUTA each year after it has been signed. Additionally, a copy of the invoice submitted to California State University, Chico, for payment shall be forwarded to the CUTA.

Schedule W

CHICO UNIFIED SCHOOL DISTRICT

CUSD/CUTA Unit Member Salary Schedule

Effective July 1, 1999

DAILY WAGE

CLASS III

CLASS I 184- 180- CLASS II 184- 180- AB + 60 184- 180-

AB + 0-44 DAY DAY AB + 45-59 DAY DAY and above DAY DAY

ANNUAL DAILY DAILY ANNUAL DAILY DAILY ANNUAL DAILY DAILY

STEP WAGE WAGE WAGE WAGE WAGE WAGE WAGE WAGE WAGE

1 $32,000 $173.91 $177.78 $32,000 $173.91 $177.78 $32,000 $173.91 $177.98

2 $32,604 $177.20 $181.13 $32,604 $177.20 $181.13 $33,423 $181.65 $185.68

3 $33,214 $180.51 $184.52 $33,214 $180.51 $184.52 $34,846 $189.38 $193.59

4 $33,810 $183.75 $187.83 $34,846 $189.38 $193.59 $35,913 $195.18 $199.52

5 $34,846 $189.38 $193.59 $35,913 $195.18 $199.52 $37,013 $201.16 $205.63

6 $35,913 $195.18 $199.52 $37,013 $201.16 $205.63 $38,147 $207.32 $211.93

7 $37,013 $201.16 $205.63 $38,147 $207.32 $211.93 $39,315 $213.67 $218.42

8 $38,147 $207.32 $211.93 $39,315 $213.67 $218.42 $40,519 $220.21 $225.11

9 $39,315 $213.67 $218.42 $40,519 $220.21 $225.11 $41,760 $226.96 $232.00

10 $40,519 $220.21 $225.11 $41,760 $226.96 $232.00 $43,040 $233.91 $239.11

11 $41,760 $226.96 $232.00 $43,040 $233.91 $239.11 $44,358 $241.08 $246.43

12 $43,040 $233.91 $239.11 $44,358 $241.08 $246.43 $45,716 $248.46 $253.98

13 $44,358 $241.08 $246.43 $45,716 $248.46 $253.98 $47,117 $256.07 $261.76

14 $45,716 $248.46 $253.98 $47,117 $256.07 $261.76 $48,560 $263.91 $269.78

15 $47,117 $256.07 $261.76 $48,560 $263.91 $269.78 $50,047 $271.99 $278.04

16 $50,047 $271.99 $278.04 $51,580 $280.33 $286.56

17 17-24 $51,580 $280.33 $286.56 $53,160 $288.91 $295.33

18 $54,789 $297.77 $304.38

19-20 $56,467 $306.89 $313.71

25-29 $48,560 $263.91 $258.97 $53,160 $288.91 $295.33 $58,196 $316.28 $323.31

30 $50,047 $271.99 $266.28 $54,789 $297.77 $304.38 $60,012 $326.15 $333.40

Master's Degree = $844

Additional Sixth Class = .20 or portion thereof of the unit members regular salary.

*Wage divided by 184 = Daily wage (traditional)

*Wage divided by 180 = Daily wage (YRE multi-track)

Schedule W-EPM

EXTRA WORK FOR EXTRA PAY "ASSIGNMENTS" AND "POSITIONS"

Wages for the assignments and positions listed on this schedule are: (1) based on the factors specified below which will be applied to the salary schedule as per Section 8.1.2 of this Article, or (2) based on wages per hour, wages per day, or wages per year as specified below. The wages for the following assignments and positions: (1) will be added to the unit member's regular monthly warrant except that (2) the wages for the positions specified below with an asterisk will be paid by a separate warrant.

Wages Added to Regular Monthly Warrant Factor or Wage

Mentor Teacher Position $4,312/year or portion thereof

Revised

1997/98 Senior High Student Activities

Advisor assignment .20 per year + two realease periods and up to 5 days at District discretion

Revised

1997/98 Middle School Activities

Advisor Assignment .034 per year + two realease periods

Senior Agricultural Program

Assignment .20 of the unit member's salary on the Regular Salary Schedule (not limited to Class V Step 13 provision)

Extra Work Days for Counselor's Assignment

See Section 8.1.3

Extra Work Days for Librarian's Assignment

See Section 8.1.3

Wages Paid by Extra Warrant Factor or Wage

*Driver Training Coordinator Position (Summer)

.02 per year

Revised

1997/98 *Driver Training Position (before and after school hours)

$22.75 per hour

Revised

1997/98 *Paid Volunteer Position $16.70 per hour

*Extra Work Position (as per written agreement) See Section 6.3, Extra Work

Schedule W-EPSA

EXTRA WORK FOR EXTRA PAY "ASSIGNMENTS" AND "POSITIONS"

Wage factors for the assignments and positions listed on this schedule will be applied to the salary schedule as per Section 8.1.2 of this Article. The wages for those assignments and positions which require services to be performed during one semester only will be paid on a separate warrant at the end of the semester in which the services are performed. The wages for those assignments and positions which require services to be performed over the entire year will be paid on separate warrants with one-half of the payment at the end of the first semester and one-half of the payment at the end of the second semester.

Position Factor

Academic Decathlon Advisor .040 per year

Revised

1995/96 Senior High Athletic Director .10 per year + two release periods

Senior High Instrumental Band Assignment .050 per year

Middle School/Junior High Instrumental Band Assignment .027 per year

Senior High Choral Assignment .047 per year

Middle School/Junior High Choral Assignment .027 per year

Revised

1997/98 Senior High Dance Production Advisor .030 per year

Revised

1997/98 Senior High Drama Assignment .047 per year

Middle School/Junior High Drama Assignment .030 per year

Senior High Yearbook .052 per year

Middle School/Junior High Yearbook Assignment .027 per year

Added

1997/98 Senior High Literary Magazine Advisor .025 per year

Senior High Newspaper .040 per year

Middle School/Junior High Newspaper .027 per year

Teacher-in-Charge .050 per year

Elementary Honor Band Position .020 per year

Elementary Honor Choral Position .020 per year

Secondary Department Chair Position .029 per year

Driver Training Coordinator/Department Chair .040 per year

Intramural Sports Position - Head Director .053 per year

Intramural Sports Position Assistant Director .040 per year

Middle School Intramural Sports Position - Head Director .090 per year

Middle School Intramural Assistant Director (2) .080 per year

Added

1994/95 Outdoor Education Teacher (Environmental Camp Teacher) .016 per year + mileage

SCHEDULE W-EPA

EXTRA WORK FOR EXTRA PAY "POSITIONS"

Wage factors for the positions listed on this schedule will be applied to the salary schedule as per Section 8.1.1.B.2 of this Article. The wages for the following positions will be paid on a separate warrant in one annual payment upon completion of the extra assignment.

Coaching Positions Factor

Baseball Positions

Head Varsity .093

Head Jr. Varsity .073

Basketball Positions

Head Varsity .093

Head Jr. Varsity .073

Head Freshman .067

Cheerleading Positions

Revised Senior High Cheerleader Head Advisor Fall .045

1997/98 Senior High Cheerleader Assistant Advisor Fall .023

Senior High Cheerleader Head Advisor Spring .045

Senior High Cheerleader Assistant Advisor Spring .023

Cross Country Positions

Head Varsity .093

Assistant Varsity .056

Head Junior Varsity .063

Assistant Junior Varsity .053

Football Positions

Head Varsity .100

Assistant Varsity .079

Head Jr. Varsity .079

Assistant Jr. Varsity .063

Head Freshman .077

Assistant Freshman .057

Golf Position

Head Varsity .063

Hockey Positions

Head Varsity .079

Head Jr. Varsity .063

SCHEDULE W-EPA

Extra Work for Extra Pay "Positions" (continued)

Coaching Positions Factor

Skiing Position

Head Varsity .063

Soccer Positions

Head Varsity .063

Head Freshman .063

Assistant Freshman .053

Softball Positions

Head Varsity .093

Head Jr. Varsity .073

Swimming Position

Head Varsity .063

Assistant Varsity .053

Tennis Position

Head Varsity .063

Track/Field Positions

Head Varsity .093

Assistant Varsity .063

Head Jr. Varsity .073

Assistant Jr. Varsity .058

Head Freshman .063

Assistant Freshman .053

Volleyball Positions

Head Varsity .067

Head Jr. Varsity .065

Head Freshman .063

Wrestling Positions

Head Varsity .093

Head Jr. Varsity .073

Head Freshman .063

Schedule W-SS

UNIT MEMBERS EMPLOYED FOR SUMMER SCHOOL

Revised 5/98 Effective July 1, 1998, wages for unit members employed for summer school shall be at the rate of $81.76 for each work day. In addition, unit members employed during the week on which the holiday designated for the 4th of July occurs shall receive an additional day's pay.

ARTICLE 9

HEALTH AND WELFARE BENEFITS

9.1 Coverage

Revised

1994/95 All unit members employed full or part time for the regular school year, along with eligible dependents, will be eligible for medical and such other coverages as are established and available through a jointly established employer-employee trust to be known as the Chico Unified School District/Chico Unified Teachers Association Benefit Trust or such other name or names under which said trust operates (hereinafter referred to as Employer/ Employee Trust), or a self-insured plan administered by Delta Benefits, more commonly referred to as the Delta Plan (a copy of which is attached hereto as Exhibit A). CUTA and District desire that the aforementioned Employer/Employee Trust be established prior to July 1, 1995. However, in the event said Employer/Employee Trust is not so established as of said date, it is agreed that coverage pursuant to the Delta Plan shall be implemented as of July 1, 1995 until such Employer/Employee Trust is established.

Revised 1994/95

9.1.1 For full-time regular school employees the District shall pay the actual cost of the Delta Dental Plan (including a claim limit to $2,000 per person per year and including orthodontics for children only to a $1,500 limit with 50/50 co-pay), the actual cost of the Vision Service Plan and the actual cost of the Provident Life and Accident Insurance Company life insurance plan.

Revised 1994/95 9.1.1.A The maximum District contribution for full-time employees for the medical benefits or other coverages as provided pursuant to Section 9.1 above shall be the amount of $519.00 per full time unit member.

Revised 1994/95

9.1.2 Fifty percent (50%) of any cost for the coverages referred to in 9.1 above in excess of the maximum District contribution as referred to in 9.1.1.A above shall be and hereby are authorized to be paid by participating unit members through payroll deduction. The remaining fifty percent (50%) of any such cost shall be paid by the District.

9.1.3 A unit member employed part-time for the school year will, by agreeing to pay a pro rata share of the premium, be provided with medical, dental, vision and life insurance (see pro rata premium rates in Section 9.1.4).

Revised 1994/95 9.1.4 Pro-rata percentage of employees' monthly premium contribution rates for part-time unit members for the regular school year shall be based up District's maximum contribution established pursuant to Section 9.1.1.A above.1

1 (As an example, if the actual contribution rate were $700.00, a part-time employee teaching one (1) period would be entitled to payment as follows: $103.80 (based upon 20% of the District's maximum contribution of $519.00) plus $18.10 (based upon 20% of the District's 50% contribution for the amount in excess of $519.00).

Teaching Periods

Per Day Percentage of

Employee Premium

Contribution Percentage of

District Premium Contribution

5 or more -0- 100

4 20 80

3 40 60

2 60 40

1 80 20

50% 50% 50%

Revised 1994/95 9.1.5 CUSD/CUTA Unit Members Salary Schedule for the Regular SchoolYear, Schedule W - 1994-95, shall be uniformly increased by a total amount that is equal in dollars to fifty-two percent (52%) of the difference in the actual unit member monthly contribution rate for medical coverage for 1995-1996, which amount for the purposes of this section shall be no less than $390.00 and a unit member's monthly contribution rate of $519.00. Effective date of this increase shall be July 1, 1995.

The remaining forty-eight percent (48%) of said difference referred to in the paragraph above will be allocated to the employer/employee trust for the 1995/96 year.

For the 1996/1997 and 1997/1998 school years, the actual unit member monthly contribution rate shall be subtracted from the figure of $519.00 and the difference (if any) shall be paid to the employer/ employee trust monthly to strengthen reserves and offset future rate increases.

Revised 1994/95 9.1.6 District agrees to apply any and all reserves returned by the Butte County Self Funded Medical Benefits Joint Powers Authority (JPA) attributed to the CUTA bargaining unit to CUTA to be applied at the discretion of CUTA between self-insured plan reserves and/or salary bonus based upon sound reserving principles. In said regard, District makes no representation as to the amount of said reserves (if any) that will be returned or as to the date upon which said reserves (if any) will be returned.

Formerly 9.18 (Original 9.1.7 deleted 94/95) 9.1.7 The District shall implement the provisions of AB 265 so that employees who so elect may participate in the Medicare program at her/his own expense of 1.45%. Medicare may be implemented retroactive to November 1, 1990, or at such later time as designated by the Association in accordance with State procedures.

9.2 Duration of Benefits

The benefits provided in this Article shall remain in effect during the term of this Agreement.

9.2.1 A unit member on paid leave from the District will be allowed to continue her/his existing level of medical, dental, vision and life insurance coverage as in Section 9.1 of this Article at the pro rata premium rates provided in this Article.

9.2.2 A unit member on unpaid leave from the District will be allowed to continue her/his existing level of medical, dental, vision and life insurance coverage as in Section 9.1 of this Article at the employee's expense. The premiums will be paid annually in advance or by monthly post-dated checks filed with the District.

9.2.3 If an employee's employment is terminated following the last working day of the regular school year, but before the first working day of the next school year, the employee will be entitled to have her/his existing level of medical, dental and vision coverage continue through the month of August. If the employee's employment is terminated at any other time, her/his existing level of medical, dental and vision coverage may be continued through the month of August at the employee's expense. The premiums will be paid annually in advance or by monthly post-dated checks filed with the District.

9.3 Medical Coverage for Long Term Illness

Unit members who are absent on account of illness and who have exhausted their accumulated sick leave shall receive the same medical insurance protection they received prior to the onset of illness, for a period not to exceed twelve (12) months from the date of exhaustion of the accumulated sick leave, or until the unit member qualifies for State Disability, whichever comes first.

9.4 Coverage for Retired Between 50 and 55

Any certificated employee who has served in the District as an employee for a minimum of five years and who retires between the ages of 50 and 55 may continue to receive medical, dental and/or vision insurance in effect by paying the premiums to the District until he or she reaches the age of 55, at which time the Chico Unified School District would pay the premiums for the medical insurance as per 9.4.1.

9.4.1 To be eligible for retiree medical benefits, the retiree must:

9.4.1.A Have served in the District as an employee for a minimum of five (5) years;

9.4.1.B Be at least 55 years of age at the time of resignation;

9.4.1.C Be actively serving as an employee or be on approved leave during the year prior to retirement;

9.4.1.D Be currently enrolled in the CUSD medical plan in order to apply for extended medical coverage prior to the end of employment;

9.4.1.E Qualify and be in the process of receiving retirement benefits under the State Teachers Retirement System (STRS) and/or the Public Employees Retirement System (PERS) for the year that she/he retires;

9.4.1.F Be under 65 years of age in order to receive District-paid medical benefits.

If all of the above conditions are satisfied, the District shall pay the total cost of the medical insurance premium for the District group plan appropriate for the retiree and eligible dependent(s).

Exception to District payment shall be in cases of those retirees and eligible dependent(s) who have comparable medical insurance coverage or who qualify for Medicare. The intent of this benefit is to provide coverage until Medicare or some similar plan provides for it.

District-paid medical benefits for part-time employees who elect to continue medical insurance coverage upon retirement shall be paid on a basis equal to the proportional amount paid for the medical insurance during the last year of employment in the District. However, if the employee had served a minimum of five (5) years as a full-time employee prior to becoming a part-time employee, all of the insurance premium shall be paid by the District.

9.5 Optional Coverage for Retired Over 55

Any certificated employee who has served in the District as an employee for a minimum of five years and who retires between the ages of 55 and 65 may continue to receive dental and or vision insurance in effect by paying the premiums to the District.

9.6 Coverage for Retired Over 65

9.6 renumbered & revised 1997/98 9.6.1 Retired unit members over the age of 65 who have eligible dependents under 65 shall be entitled to medical and dental insurance protection in accordance with the plans in effect from time to time during this Agreement. The premiums for said plans shall be fully paid by the retired unit member annually in advance or by twelve monthly post-dated checks furnished annually in advance to the District.

9.6.2 Unit members retiring effective June 30, 1988, during the 1988-89 school year and subsequent years who do not have Medicare plans. The Districts maximum contribution shall be $2400 per year.

9.6.3 When a retiree reaches 65 years of age, the District shall contribute a maximum of $200.00 per month on a dollar for dollar match for Medicare Plans A and B or successor Medicare plans. The Districts maximum contribution shall be $2400 per year.

New 1997/98 9.6.4 Beginning in the 1998-1999 school year (July 1, 1998-June 30, 1999), the District annually will allocate the amount of money specified below toward the purchase of the retiree health benefits described below. The parties expressly reserve the right to modify or terminate this program as it applies to any retiree or spouse, through the collective bargaining process.

9.6.5 The District will allocate to a special reserve fund an amount equal to the following percentages of the bargaining unit payroll for the preceding school year (July 1-June 30):

a. For the 1998-1999 year, 1%

b. For the 1999-2000 year, an additional 1% (cumulative 2%)

c. For the 2000-2001 year, an additional .5% (cumulative 2.5%)

d. For the 2001-2002 year, an additional .5% (cumulative 3%)

e. For the 2002-2003 and subsequent years, the cumulative annual 3% will continue unless modified or terminated through the collective bargaining process.

9.6.6 The District will contribute money from this special reserve fund toward the purchase of retiree health benefits. Retiree health Benefits is defined to mean a Medicare supplement program for eligible retirees having been employed at least ten full-time equivalent years in the District immediately prior to retirement, and their eligible spouses, beginning when the retiree or the retiree spouse becomes eligible to apply for Medicare and terminating on the death of the retiree. The plan will be designed to provide benefits as similar as reasonable possible to the 1998 Blue Cross Senior Classic F (Medicare supplement) or its equivalent, as determined by the CEHWBT (see Appendix E).

9.6.7 The Districts contribution shall in no event exceed the amounts allocated a specified above unless modified or terminated through the collective bargaining process. In the event that the reserve fund created by the maximum allocation, including interest earned thereon, is sufficient to pay the full cost of benefits for the eligible retirees and their eligible spouses during any school year, it is agreed that the CEHWBT will determine a reasonable method for allocating the available reserves toward retiree benefits.

9.6.8 During the 2000-2001 school year and at other times determined by the CEHWBT, the CEHWBT will conduct an appropriate study to determine whether the special reserve fund will be over funded in light of the projected actuarial cost of benefits under this program. If the reserve fund is expected to be over funded, the parties agree that the estimated excess may be allocated to the CEHWBT reserves based on sound reserveing principles. However, nothing herein will be interpreted to increase the overall District allocation toward retiree benefits beyond the total maximum specified amount, including any allocation of excess reserves to the CEHWBT.

9.6.9 This program, as it may be modified through the collective bargaining process , applies only to retirees who retire on or after July 1, 1996. The parties agree that none of the benefits referred to herein is vested as to any current or future retiree or spouse. This means that this benefit may be modified at any time by the collective bargaining process.

9.7 Medical Coverage Under Early Retirement Incentive Plan

Should the District amend or terminate District Policy 4740, any unit member who retired under said Policy before said amendment or termination shall be entitled to continued protection under said Policy as it existed at the date of retirement. For future retirees, such amendment or termination shall not take place any earlier than six (6) calendar months after the District notifies CUTA of a possible amendment or termination and confers with CUTA about such changes. The notice shall be made by personal delivery or certified or registered mail. Any amendment or termination of said policy without negotiations shall not affect benefit provisions as delineated in Article 9 of the Agreement.

9.8 Medical and Dental Coverage Under Part-Time Certificated Service, Ages 55-65

Should the District amend or terminate District Policy 4740 and its associated Procedure 4475, any unit member who began part-time employment under said Policy and Procedure before said amendment or termination shall be entitled to continued medical and dental insurance protection under said Policy and Procedure as they existed at the date of commencement of such part-time employment. For future retirees, such amendment or termination shall not take place any earlier than six (6) calendar months after the District notifies CUTA of a possible amendment or termination and confers with CUTA about such changes. The notice shall be made by personal delivery or certified or registered mail. Any amendment or termination of said policy without negotiations shall not affect benefit provisions as delineated in Article 9 of the Agreement.

9.9 Yearly Printout

The District shall provide each unit member an updated printout of all payroll deductions and the number of days of accumulated sick leave annually. The date of the printout need not be the same for each unit member.

ARTICLE 10

LEAVE POLICIES

10.1 Leave Policies for Unit Members Employed Full Time for the Regular School Year and Employed for Adult Education in the Regular Day Time Program for at Least Five (5) Days in Each Week, Six (6) Hours Per Day

10.1.1 Industrial Accident or Illness Leave

A unit member involved in an industrial accident or illness caused by and during the scope and course of his employment with the District shall qualify for benefits under the following terms and conditions:

10.1.1.A A maximum of sixty (60) days leave shall be allowed for each unit member during the unit member's school work year for each industrial accident or illness occurring during that school work year. The sixty (60) days leave for each industrial accident may carry over into the next work year in the event the unit member continues to be disabled as a result of an industrial accident or illness occurring in the prior work year.

10.1.1.B The unused portion of this leave shall not accumulate from school year to school year, except as provided in Paragraph 10.1.1a.

10.1.1.C The industrial accident or illness leave shall commence with the first day of absence.

10.1.1.D The wages paid to the unit member while on industrial accident or illness leave shall be an amount which, when added to applicable temporary disability indemnity, will result in an amount equal to the unit member's full salary. Payments received as a result of disability indemnity arising out of Workmen's Compensation shall be paid to the District. Regular salary warrants shall then be issued by the District, with normal deductions for retirement and other authorized deductions.

10.1.1.E The unused industrial accident or illness leave of a unit member shall be reduced by one day for each day of authorized absence.

10.1.1.F Upon the termination of the industrial accident or illness leave, a unit member may be entitled to use his regular sick leave in accordance with the provisions of applicable sick leave policies.

10.1.2 Family Illness Leave

Revised

1997/98 Unit members shall qualify for Family Illness Leave for up to a period of ten (10) work days during each school year when absent because of the serious illness of a member of the unit member's immediate family. A medical doctor's written request may be required by the District in its discretion.

Revised 1997/98 10.1.2.A Unit members on Family Illness Leave shall be paid as wages the difference between the unit member's wages and the amount paid a substitute even though the substitute may not be employed after the unit member has used five days of sick leave

10.1.2.B An "immediate member of the family" is defined as including only the following: "A unit member's husband, wife, son, daughter, father, mother, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, grandfather-in-law, grandmother-in-law, brother, sister, son-in-law, daughter-in-law, brother-in-law, sister-in-law, or any relative living in the immediate household of the unit member."

10.1.3 Quarantine Family Illness Leave

Upon certification from a physician, a unit member who is absent because of quarantine resulting from contact with other persons having a contagious disease, shall receive full pay during the period of enforced quarantine after the unit member has first used all accumulated sick leave.

10.1.4 Bereavement Leave

10.1.4.A A unit member who is absent due to the death of an immediate member of the family shall be entitled to a leave of absence without loss of pay for each such bereavement. An "immediate member of the family" is defined as including only the following: "A unit member's husband, wife, son, daughter, father, mother, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, grandfather-in-law, grand-mother-in-law, brother, sister, son-in-law, daughter-in-law, brother-in-law, sister-in-law, or any relative living in the immediate household of the unit member."

10.1.4.B A unit member who is absent due to the death of an aunt, uncle niece or nephew, shall be entitled to a leave of absence during which the unit member shall receive as wages the difference between the unit member's salary and the amount paid a substitute even though the substitute may not be employed.

10.1.4.C Bereavement leave shall not exceed five (5) days for any one death, nor a total of ten (10) days in any one school year, and shall not accumulate from school year to school year.

10.1.5 Professional Purposes Leave (Required by the District)

In the event the District, in its discretion, requires a unit member to be absent while representing the District at professional meetings approved by the District in its discretion, the unit member shall be entitled to full pay while so absent.

10.1.6 Legal Leave

10.1.6.A Unit members shall receive full pay during absences as a result of time spent in court if regularly subpoenaed as a witness. Legal leave does not apply to a unit member who is a litigant in the proceeding, unless such litigation involves a unit member who has been joined as a defendant by plaintiffs which do not include the District for acts occurring in the scope and course of his employment.

10.1.6.B Unit members called for jury duty shall receive full pay from the District during their absence, but shall remit their jury duty pay, except mileage, to the District.

10.1.7 Personal Necessity Leave

Unit members shall be entitled to use up to a maximum of six (6) days of sick leave for the purpose of personal necessity leave in any one school year.

10.1.7.A Unused personal necessity leave shall not accumulate from school year to school year.

10.1.7.B Six (6) days of the six (6) days may be used for "personal necessity" defined as any of the following:

10.1.7.B.1 Death or serious illness of a member of the unit member's immediate family.

10.1.7.B.2 Accident, involving the unit member's person or property, or the person or property of a member of a unit member's immediate family.

10.1.7.C Three (3) days of the six (6) days may be used for any other reason except vacation or recreation. The District shall not require the unit member to specify the reason for personal necessity leave under this sub-paragraph, but shall require the unit member to certify that the personal necessity leave was not used for vacation or recreation. Nothing in this provision, however, shall limit the District from denying personal necessity leave in any case where members of the unit participate in a refusal to work or other concerted activities including those related to employer-employee relations.

10.1.7.D Advance permission shall not be required for personal necessity leave, but reasonable notice shall be provided to the District by the unit member.

10.1.7.E "Immediate family" is defined as including only the following: "A unit member's husband, wife, son, daughter, father, mother, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, grandfather-in-law, grandmother-in-law, brother, sister, son-in-law, daughter-in-law, brother-in-law, sister-in-law, or any relative living in the immediate household of the unit member."

10.1.8 Substitute Pay Leave

The District shall have discretion to grant up to five (5) days of substitute pay leave in any one school year, such leave not to be cumulative from school year to school year.

10.1.8.A A unit member shall receive as wages during substitute pay leave the difference between the unit member's full wages and substitute's pay, whether or not a substitute is actually used, subject to regular retirement and other normal deductions.

10.1.8.B Advance application and approval from the District must be obtained by the unit member. The District shall have discretion to grant such leave and determine the length thereof up to five (5) days.

10.1.9 Sabbatical Leave

Revised

1997/98 Any unit member who has rendered service to the District for at least seven consecutive regular school years may request, in writing, a leave of absence not to exceed one year, upon the recommendation of the Superintendent and the approval of the Board of Education, for the purpose of engaging in activies that increase knowledge and provide experience which will directly benefit the school(s) and pupils of the District. Such activities shall be limited to study, travel, and participation in business and industry fellowship programs. A total of two sabbatical leaves per regular school year may be granted at the District's discretion, one from the elementary level and one from the secondary level.

10.1.9.A Sabbatical leave may be repeated only after another succeeding 7-year period.

10.1.9.B The procedures for application and evaluation of requests for sabbatical leave shall be established by the District in its discretion.

Revised 1997/98 10.1.9.C Final approval of an application for a sabbatical leave or travel during or for which the unit member is to receive compensation as provided herein, shall not be granted until the applicant has filed with the Superintendent a suitable bond indemnifying the District against loss in the event the unit member fails to render four years of service in the District following the return of the unit member from the leave of absence. The bond shall be in the amount of the total salary computed to become due to the unit member during his leave of absence, except that the bond shall be exonerated if the failure of the unit member to return and render four years of service in the District following his leave of absence is caused by the death or physical or mental disability of the unit member or dismissal for cause.

10.1.9.D The wages paid unit members on sabbatical leave shall be Class III, Step I of the current salary schedule of the District for the year in which such leave is granted. The salary may, at the District's discretion, be divided into twelve (12) equal payments.

10.1.9.E Upon return to employment after the sabbatical leave, the salary shall be that of the step in which the unit member would have been placed had he not been absent from the District. If a unit member qualifies for a higher classification, the proper transfer shall be made.

10.1.9.F Upon return to employment after a sabbatical leave, the unit member shall be assigned to a position for which they are credentialed.

10.1.10 Professional Leaves (Requested by the Unit Member)

A professional leave of absence, without pay, not to exceed one year, may, at the District's discretion, be granted by the District upon recommendation by the District Evaluating Committee and the Superintendent. Professional leave will be granted for such reasons as supervisor of the District's student teachers, assignments in other agencies or areas for the purpose of obtaining new methods of instruction to be brought back to the District, or other reasons beneficial to the District.

10.1.10.A Professional leave recipients shall receive advancement on the salary schedule as though they remained in the District.

10.1.10.B Unit members on professional leave shall notify the District of intended return not later than March 1st of the school year prior to return.

10.1.11 Maternity Leave

An expectant mother may continue working prior to delivery provided that, if she is under a doctor's care, her doctor certifies that she is physically and emotionally able to perform classroom duties.

10.1.11.A Maternity leave without pay may be requested by the expectant mother. Maternity leave may be taken at any time prior to delivery. If she is under a doctor's care, a doctor's statement of expected date of delivery shall be submitted to the administrator in charge of certificated personnel at the time of the request for leave.

10.1.11.B Following the birth of a child, the unit member may return as soon as her doctor supplies a written release stating that she is able to resume her duties, or, if the unit member is not under the care of a doctor, the unit member supplies a written release stating that she is able to resume her duties. A unit member on maternity leave, who does not return within the school year, shall notify the District whether she intends to return the following year not later than March 1 of the school year prior to return.

10.1.12 Child-Care Leave

Any unit member shall be entitled to a child-care leave without pay for children under the age of one (1) year or within one (1) year after adoption. If both husband and wife are unit members, only one (1) of said persons shall be entitled to such leave. The District may, in its discretion, grant child-care leave for any other reason and upon any condition.

10.1.12.A Application for adoptive child-care leave shall be filed at least three (3) months before the anticipated adoption of a child.

10.1.12.B Child-care leave shall be limited to a maximum of one school year or two consecutive semesters within two school years, except that upon the request of the teacher, and subject to the discretion of the District, the leave may be extended for an additional school year or semester. The leave may also be terminated at the discretion of the District at any time after the equivalent of one semester.

10.1.12.C Requests for extension of such leave shall be made not later than December 1st for leave during the second semester, or not later than March 1st for leave during the succeeding school year.

10.1.13 Return Rights

Any unit member whose maternity or child care leave or succession of both types of leaves together with any other type of leave taken immediately before or after such leaves does not exceed one hundred thirty (130) consecutive working days of any regular school year shall be entitled to return to such member's original school, subject to transfer policies contained in this contract. If leave exceeds such time, placement shall be at the discretion of the District. The requested date of return shall, in any case, be subject to the District's discretionary right to adjust and set the actual return date within five days prior or five days later than such requested return date.

10.1.14 Military Leave

Unit members who are members of the active military reserve are encouraged to take their reserve military training during their vacation from school assignment to avoid disruption to the educational program. Upon receipt of orders which will require duty during the teaching year, a copy shall be forwarded immediately to the District, which shall attempt to have the active duty changed to a time when school is not in session. If orders cannot be changed and the unit member is required to report, the salary shall be paid in accordance with legal requirements.

10.1.14.A A unit member who is a member of the reserve corps of the armed forces of the United States or the National Guard, or Naval Militia shall be entitled to a temporary military leave of absence while engaged in military duty ordered for purposes of military training, drills, encampment, naval cruises, special exercises or like activities, providing that the period of ordered duty does not exceed one hundred eighty (180) calendar days including the time involved in going to and returning from such duty. This includes orders for physical examination in another county providing the unit member makes written attempt to have the locale of physical examination changed to Butte County.

10.1.14.B Upon return from temporary military service to district service, a unit member shall be entitled to all rights and privileges in, connected with, or arising out of the office of employment which he would have enjoyed if he had not been absent therefrom, provided he has been in the service of the District for a period of not less than one year. Such unit member shall be entitled to sick leave, vacation, and other rights for the period during which he was on duty, and shall be entitled to receive his salary for the first thirty (30) calendar days of such temporary military leave only.

10.1.14.C A unit member drafted or recalled by the military while currently employed shall continue advancement on the salary schedule in

the same manner as though he were teaching, although he would not attain tenure until the actual probationary period has been completed.

10.1.14.D A unit member employed by the District who is called into active military duty or who is on a temporary military leave of absence and who has been in the service of the school district for a period of not less than one year immediately prior to the date on which the absence begins shall be entitled to receive one-tenth (1/10) of the annual salary established for such position. The District shall pay the unit member this amount immediately upon receipt of verified information which indicates that the unit member is actually in military service and has been so for at least thirty (30) days. No more than one payment shall be allowed for any one military leave of absence during any one school year.

10.1.15 Sick Leave

Unit members employed full time shall be entitled to leave of absence for illness, accident, quarantine, or injury at full pay at the rate of one day per working month. In no case shall the amount be less than ten (10) days, for unit members employed full time, available on the first day of the fiscal or school year, whichever is applicable. Any unused portion of the earned annual sick leave shall be accumulated without limit and is transferable from district to district.

10.1.15.A When a unit member is absent from his duties on account of illness or accident for a period of five (5) school months or less, whether or not the absence arises out of or in the course of employment, when sick leave benefits are exhausted, the amount deducted from the salary due him for any month in which the absence occurs shall be the sum which is actually paid a substitute employee employed to fill his position during his absence or, if no substitute employee was employed, the amount which would have been paid to the substitute had he been employed. The school district shall make every reasonable effort to secure the services of a substitute employee.

10.1.15.B When a unit member is absent from his duties on account of illness for a period of more than five (5) school months (100 work days), or when absent for a cause other than illness, there shall be no extra compensation other than from sick leave benefits, except in the case of the Board's approval of a sabbatical leave request.

10.1.15.C While on leave of absence, a unit member shall maintain, but not add to, any sick leave credit accumulated prior to such leave.

10.1.15.D A permanent employee who resigns and is reemployed within thirty-nine (39) calendar months shall have reinstated all unused sick leave credit existing at the time of resignation.

10.1.15.E Sick leave may be used for pregnancy or childbirth only as follows:

10.1.15.E.1 Unit members shall be entitled to one day of sick leave upon the birth of said unit member's child.

10.1.15.E.2 When a unit member not on maternity leave is absent from her duties as a result of her own maternity-related illness prior to the birth or due to illness or medical or surgical complications subsequent to birth, abortion or miscarriage.

10.1.15.F Sick leave earned during regular school year employment shall be used only for leave during regular school year employment. Sick leave earned during adult education employment shall be used only for leave during adult education employment.

10.1.15.G Verifications of illness by a medical doctor may be required by the District in its discretion for any absence of five (5) or more consecutive days for which sick leave is claimed.

10.1.16 Legislative Leave

Unit members who are elected to a full-time Federal, State or County office shall be entitled to an unpaid leave of absence for the length of one term in office, plus such additional term or terms of office as the District in its discretion may grant.

10.1.16.A Unit members on legislative leave shall notify the District of intended return not later than March 1st of the school year prior to return.

10.1.16.B Unit members on legislative leave shall be entitled to return to employment at the end of such leave, but shall not receive advancement on the salary schedule during the period of legislative leave.

10.1.17 Personal Leave

Unit members may be granted a personal leave of absence without pay, at the discretion of the District, for such reasons as advanced study, travel having professional implications, exchange teaching, or overseas teaching.

10.1.17.A Unit members on personal leave shall notify the District of intended return not later than March 1st of the school year prior to return.

10.1.17.B A unit member on personal leave shall not receive advancement on the salary schedule during the period of personal leave if said leave is in excess of one semester.

10.1.18 Donation of Sick Leave

On forms prepared and approved by the District, any unit member may donate up to five (5) days accumulated and unused sick leave days, in full- or half-day increments to a specifically named unit member who has suffered a long-term illness or disability and who has exhausted all (fully or partially) paid leaves. Donated sick leave day(s) will be allocated from the donor(s) on as a equal basis as is practicable. No unit member may donate more than five (5) days accumulated and unused sick leave days in any school year (July 1 through June 30).

Unused donated sick leave days shall be returned to the donor(s) in full- or half-day increments at the end of the school year.

The Association agrees that it will not file, on its own behalf or on behalf of any unit member, any grievance, claim or lawsuit of any kind related to any attempt by a unit member to retrieve donated sick leave used by another unit member pursuant to this provision. The Association also agrees that it will not file, on its own behalf or on behalf of any unit member, any grievance, claim or lawsuit of any kind which attempts to challenge in any way the legality or enforcement of this provision.

The Association agrees to indemnify and hold harmless the District from any loss or damages arising from the implementation of this provision.

In the event of any grievance, claim or lawsuit challenging the legality or enforcement of this provision, the District may terminate this provision upon written notice to the Association.

This provision is effective immediately upon ratification by the Board of the District on November 20, 1990.

10.2 Leave Policies for Unit Members Employed Part Time for the Regular School Year

10.2.1 Unit members employed part time for the regular school year shall be governed to the same extent and in the same manner as is set forth in this Article for unit members employed full time for the regular school year as to the following leave policies:

10.2.1.A Quarantine Family Illness Leave

10.2.1.B Professional Purposes Leave (Required by the District)

10.2.1.C Legal Leave

10.2.1.D Professional Leaves (Requested by the Unit Member)

10.2.1.E Maternity and Sick Leave for pregnancy or childbirth

10.2.1.F Child Care Leave

10.2.1.G Military Leave

10.2.1.H Legislative Leave

10.2.1.I Personal Leave

10.2.1.J Return Rights

10.2.2 Unit members employed part time for the regular school year shall be entitled to a proportion of the leave as is set forth in this Article for unit members employed full time for the regular school year equal to the proportion of the applicable full-time position being worked part time by the unit member as to the following leave policies:

10.2.2.A Industrial Accident or Illness Leave

10.2.2.B Family Illness Leave

10.2.2.C Personal Necessity Leave

10.2.2.D Substitute Pay Leave

10.2.2.E Sabbatical Leave

10.2.2.F Sick leave

10.3 Leave Policies for Unit Members Employed for Adult Education in the Regular Day-Time Program for at Least Five Days Each Week, But Less Than Six (6) Hours Each Day

Unit members employed for Adult Education in the regular day time program for at least five days each week, but less than six hours each day, shall be governed by the same policies as those set forth in this Article relating to unit members employed for Adult Education in the regular day-time program for at least five (5) days in each week, provided, however, that said unit members employed less than six (6) hours each day shall receive one-sixth (1/6) of the leave so provided for each one (1) hour of daily employment in Adult Education, up to a maximum of six-sixths (6/6) of said leave.

10.4 Leave Policies for Unit Members Employed for Adult Education Except for Unit Members Employed for Adult Education in the Regular Day-Time Program for at Least Five Days Each Week

Except for unit members employed for Adult Education in the regular day-time program at least five (5) days in each week, all unit members employed for Adult Education shall be governed by the following leave policies:

10.4.1 Professional Purposes Leave (Required by the District)

10.4.2 Legal Leave

10.4.2.A Unit members shall receive full pay during absences as a result of time spent in court if regularly subpoenaed as a witness. Legal leave does not apply to a unit member who is a litigant in the proceeding.

10.4.2.B Unit members called for jury duty shall receive full pay from the District during their absence, but shall remit their jury duty pay, except mileage, to the District.

10.4.3 Sick Leave

Except for unit members employed in Adult Education in the regular day-time program for at least five (5) days each week, unit members employed for Adult Education shall earn sick leave at the rate of one (1) hour for every twenty (20) hours of employment accumulative without limit.

10.4.3.A Sick leave may be used for pregnancy or childbirth only as follows:

10.4.3.A.1 Unit members shall be entitled to one day of sick leave upon the birth of said unit member's child.

10.4.3.A.2 When a unit member not on maternity leave is absent from her duties as a result of her own maternity-related illness prior to the birth or due to illness or medical or surgical complications subsequent to birth, abortion or miscarriage.

10.4.3.B Sick leave earned during Adult Education employment shall be used only for leave during Adult Education employment.

10.4.4 Bereavement Leave

10.4.4.A A unit member who is absent due to the death of an immediate member of the family shall be entitled to a leave of absence without loss of pay for each such bereavement. "Immediate family" is defined as including only the following: "A unit member's husband, wife, son, daughter, father, mother, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, grandfather-in-law, grandmother-in-law, brother, sister, son-in-law, daughter-in-law, brother-in-law, sister-in-law, or any relative living in the immediate household of the unit member."

10.4.4.B A unit member who is absent due to the death of an aunt, uncle, niece or nephew, shall be entitled to a leave of absence during which the unit member shall receive as wages the difference between the unit member's salary and the amount paid a substitute even though the substitute may not be employed.

10.4.4.C Bereavement leave for unit members employed one (1) day each week shall not exceed one (1) Adult School calendar day for any one death, nor a total of one (1) day in any one school year, and shall not accumulate from school year to school year. Bereavement leave week shall not exceed two (2) consecutive Adult School calendar days for any one death, nor a total of two (2) days in any one school year, and shall not accumulate from school year to school year.

10.4.5 Quarantine Family Illness Leave

Upon certification from a physician, a unit member who is absent because of quarantine resulting from contact with other persons having a contagious disease, shall receive full pay during the period of enforced quarantine for the Adult School work year after the unit member has first used all accumulated sick leave.

10.5 Leave Policies for Unit Members Employed for Summer School

Unit members employed for summer school shall be governed by the following leave policies:

10.5.1 Industrial Accident or Illness Leave

10.5.1.A Industrial accident or illness leave shall be allowed for each unit member during the unit member's summer school work year for each industrial accident or illness, terminating on the last work day of said unit member's summer school employment.

10.5.1.B The unused portion of this leave shall not accumulate from summer school year to summer school year.

10.5.1.C The industrial accident or illness leave shall commence with the first day of absence.

10.5.1.D The wages paid to the unit member while on industrial accident or illness leave shall be an amount which, when added to applicable temporary disability indemnity, will result in an amount equal to the unit member's full salary. Payments received as a result of disability indemnity arising out of Workmen's Compensation shall be paid to the District. Regular salary warrants shall then be issued by the District, with normal deductions for retirement and other authorized deductions.

10.5.1.E The unused industrial accident or illness leave of a unit member shall be reduced by one day for each day of authorized absence.

10.5.1.F Upon the termination of the industrial accident or illness leave, a unit member may be entitled to use his regular sick leave in accordance with the provisions of applicable sick leave policies.

10.5.2 Quarantine Family Illness Leave

Upon certification from a physician, a unit member who is absent because of quarantine resulting from contact with other persons having a contagious disease, shall receive full pay during the period of enforced quarantine for the summer school work year after the unit member has first used all accumulated sick leave.

10.5.3 Professional Purposes Leave (Required by the District)

10.5.4 Legal Leave

10.5.4.A Unit members shall receive full pay during absences as a result of time spent in court if regularly subpoenaed as a witness. Legal leave does not apply to a unit member who is a litigant in the proceeding.

10.5.4.B Unit members called for jury duty shall receive full pay from the District during their absence, but shall remit their jury duty pay, except mileage, to the District.

10.5.5 Maternity Leave

An expectant mother may continue working prior to delivery as long as her doctor certifies that she is physically and emotionally able to perform classroom duties.

10.5.5.A Maternity leave without pay may be requested by the expectant mother. Maternity leave may be taken at any time prior to delivery. The doctor's statement of expected date of delivery shall be submitted to the administrator in charge of certificated personnel at the time of request for leave, unless prohibited by the unit member's religious beliefs.

10.5.5.B Following the birth of a child, or maternity-related illness, the unit member may return to her original position within the school year as soon as her doctor supplies a written release stating that she is able to resume her classroom duties.

10.5.6 Sick Leave

Unit members employed for summer school shall be entitled to leave of absence for illness, accident, quarantine, or injury at full pay at the rate of one day for every twenty (20) working days, accumulative from summer school year to summer school year without limit.

10.5.6.A Sick leave earned during summer school employment shall be used only for leave during summer school employment.

10.5.6.B Sick leave may be used for pregnancy or childbirth only as follows:

10.5.6.B.1. Unit members shall be entitled to one day of sick leave upon the birth of said unit member's child.

10.5.6.B.2. When a unit member not on maternity leave is absent from her duties as a result of her own maternity-related illness prior to the birth or due to illness, or medical or surgical complications subsequent to birth, abortion or miscarriage.

10.5.7 Bereavement Leave

10.5.7.A A unit member who is absent due to the death of an immediate member of the family shall be entitled to a leave of absence without less of pay for each such bereavement. "Immediate family" is defined as including only the following: "A unit member's husband, wife, son, daughter, father, mother, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, grandfather-in-law, grandmother-in-law, brother, sister, son-in-law, daughter-in-law, brother-in-law, sister-in-law, or any relative living in the immediate household of the unit member."

10.5.7.B A unit member who is absent due to the death of an aunt, uncle, niece or nephew, shall be entitled to a leave of absence during which the unit member shall receive as wages the difference between the unit member's salary and the amount paid a substitute even though the substitute may not be employed.

10.5.7.C Bereavement leave shall not exceed two (2) days for any one death, nor a total of two (2) days in any one school year, and shall not accumulate from summer school year to summer school year.

10.6 Organizational Leave and CUTA President's Leave

Revised 1997/98 In a given fiscal year, the officers of the CUTA shall be entitled to a combined total of fifty (50) days of Organizational Leave at CUTA expense, and in addition the President of the CUTA shall be entitled to a total of five (5) days of CUTA President's Leave at District expense, provided, however, that the combined total of Organizational Leave, President's Leave and release time for negotiating under Article 15 shall not exceed twenty (20) work days each year for any one unit member exclusive of the Treasurer, who shall be limited to thirty (30) days in each year. Officers shall be construed to mean a maximum of eight persons performing the functions of President, Past-President, Vice-President, Recording Secretary, Corresponding Secretary, Treasurer, Grievance Chairperson, Chairperson, CUTA Benefits Chair of CEHWBT Trust, and Bargaining Team Chairperson for the Association.

10.7 CUTA President's Part-Time Employment

At CUTA request, the CUTA President shall be allowed to be employed as a part-time employee, said part-time employment to be not less than 2/5 time. Compensation for said part-time shall be the same as any other part-time employee.

Back to CUTA or CUSD

ARTICLE 11

TRANSFER POLICIES

11.1 Transfer Policies for All Unit Members

The transfer policies for all unit members shall be as follows:

Definitions applying throughout articles 11.1, 11.2, 11.3 and 11.4 are as follows:

"Transfer" refers to a move from a unit member's position at one school to a unit member's position at another school.

"Qualified" refers to the District making the determination, in its discretion, that an individual possesses the qualifications for a given position; subject to but not limited to the following non-prioritized criteria:

A. certification of the employee

B. training and experience within the District

C. years of experience

D. District seniority

E. best interests of educational needs

11.1.1 Voluntary Transfers

11.1.1.A A unit member may request transfer to any position for which the unit member is qualified.

11.1.1.B Notices of all vacancies will be made available to unit members as follows:

11.1.1.B.1 Notices shall be posted on the classroom teachers' room bulletin board and at least one other appropriate place in the school building.

11.1.1.B.2 Written notice shall be provided to all qualified certificated unit members who have requested a transfer.

11.1.1.C The District shall have discretion to approve or deny any voluntary transfer request by unit members, provided, however, that a unit member who requests transfer and whose request is denied shall be provided written confirmation that the request has been considered, denied, and the reasons therefore, before applicants not presently employed by the District are hired.

11.1.1.D A request for transfer may be withdrawn at any time prior to official confirmation that the transfer has been effected.

11.1.2 Involuntary transfers

11.1.2.A The District shall have discretion to initiate and implement the involuntary transfer of any unit member for any reason deemed by the District in its discretion to be satisfactory, subject to the following limitations:

11.1.2.A.1 The reason for such transfer must be one or more of the following:

11.1.2.A.1.a Excess staff;

11.1.2.A.1.b Modifications, additions or deletions of programs and/or specific curriculum needs;

11.1.2.A.1.c A need for specialized skills;

11.1.2.A.1.d Corroborated staff friction;

11.1.2.A.1.e A need for improvement in performance where transfer could benefit the unit member and the students.

11.1.2.A.2 No unit member will be involuntarily transferred if said unit member has been involuntarily transferred within a period of two (2) prior school years.

11.1.2.A.3 Volunteers will be given first consideration, provided however, that the District shall have discretion to transfer a unit member even if there may be a volunteer available.

11.1.2.B The procedures for involuntary transfer shall be as follows:

11.1.2.B.1 The unit member to be transferred and the principal will have a conference regarding the transfer;

11.1.2.B.2 After the conference between the unit member and the principal, the unit member shall be notified in writing as to the reasons for the transfer, and given an opportunity to object;

11.1.2.B.3 Should the unit member object, a second conference will be held with a representative designated by the Superintendent and the principal to resolve the matter. The CUTA shall have the right to have a representative present at this conference if requested by the unit member;

11.1.2.B.4 Should the unit member still object to the transfer after the second conference, the District shall have the discretion to implement the transfer over the objections of the unit member, provided the District has confirmed the reason originally given for the transfer;

11.1.3 Voluntary Transfers: Year-Round Education or Fair View and CAL only

Revised 1994/95 11.1.3.A Unit members currently assigned to a site newly designated as a year-round school or Fair View and CAL shall be given first consideration to remain at that site.

Revised 1994/95

11.1.3.B Unit members currently assigned to a site newly designated as

a year-round school or Fair View and CAL shall be given first consideration for other vacancies for which they are qualified and for the first three years only, per assignment to a year-round education site, the unit members shall be granted a position in one of the posted vacancies at a traditional school.

11.1.3.C Vacancies in year-round schools shall be filled by qualified volunteers from within the District before assigning staff new to the District to year-round schools.

11.1.3.D In the first year of implementing a year-round school, openings for identified positions at that site shall be posted by the District as they become known. All interested unit members shall apply for such positions by January 30, or within five (5) week days of notification. The positions shall be filled by March 1, or as soon as possible if later notice(s) occur.

11.1.3.E No unit member will be involuntarily transferred to a year-round school calendar position from a traditional school year calendar position as long as there are open position(s) available in the traditional program for which the unit member is qualified.

11.1.3.F No unit member will be transferred involuntarily to a traditional school year calendar position from a year-round calendar position provided there are open positions available in the year-round program for which the unit member is qualified.

11.2 Reconfiguration Transfer Policy 7-9, 10-12 To 7-8, 9-12

11.2.1 All unit members who request a transfer from a junior high school to a high school will be granted an available position for which they are qualified.

11.2.1.A If more than one unit member applies for a particular position, the school will interview all unit members applying for the transfer.

11.2.2 Positions not filled by volunteers can be filled by unit members from the junior high schools. If unit members are to be involuntarily transferred they will be determined by the following non-prioritized criteria:

A. Certification of employee

B. Training and experience within the District

C. Years of experience

D. District seniority

E. Best interests of educational needs.

11.2.3 Through September, 1996, vacancies in the junior high schools shall first be filled by qualified volunteers from the high school. Those who were involuntarily transferred to the high school shall be given first choice.

11.2.4 Through September, 1996, vacancies in the high school shall be filled by qualified volunteers from a junior high school, in accord with 11.2.1.A.

11.2.5 All reconfiguration transfers will become final on January 29, 1993. Prior to that date transfer requests may be withdrawn.

11.2.6 This transfer policy will apply only to unit members who are employed by the District or on leave during the 1992-93 school year.

CLARIFICATION STATEMENT: The term "junior high" refers to a 7-9 school prior to reconfiguration and a 7-8 school (or as otherwise renamed) after reconfiguration. The term "high school" refers to a 10-12 school prior to reconfiguration and a 9-12 school after reconfiguration.

11.3 Limitation of Transfer Rights

The transfer rights of unit members as provided in this Article shall be limited such that non-summer school employees shall have transfer rights only to non-summer school; and summer school employees shall have transfer rights only to summer schools.

11.4 Tentative Teaching Assignments

Each unit member shall be informed of his/her tentative assignment for the coming school year by June 1.

ARTICLE 12

PROCEDURES FOR EVALUATION AND PERSONNEL FILES

12.1 Procedures for the Evaluation of Unit Members Employed During the Regular School Year

12.1.1 Not later than September 30th of each year, each unit member not previously provided with the same, shall be provided by the District with the Board-adopted Community District goals, developed for the District in written form. The District shall interpret these standards to the unit member.

12.1.2 Unit members will be formally evaluated every two years, except as follows:

12.1.2.A Probationary teachers shall be evaluated each year.

12.1.2.B Change in classification may call for an evaluation.

12.1.2.C Extra evaluations may be initiated in any year at the discretion of the District or of the unit member to be evaluated.

12.1.3 Every unit member being formally evaluated and the person designated by the District to act as prime evaluator shall meet within forty-five (45) employee work days after the start of the unit member's work year, in a conference for the purpose of implementing and carrying out:

12.1.3.A Written goals and/or objectives for the school, class, department and/or program, subject to any mutually established exceptions, additions, and changes which are written out and entered in the document.

12.1.3.B Specifically stated individual unit member's goals and/or objectives designed to maintain or improve the quality of the individual unit member's instruction program.

12.1.3.C In the event that the evaluator and the unit member cannot agree on the goals and/or objectives, a mutually acceptable person will be selected to assist in the arbitration of the dispute.

12.1.3.D As to the unit member being formally evaluated, hereinafter referred to in this Article as the "evaluatee," the conference will be used to mutually determine and explicitly state:

12.1.3.D.1 Pertinent goals and/or objectives;

12.1.3.D.2 The specific methods and procedures to be used in the evaluation process;

12.1.3.E The prime evaluator and evaluatee will both sign the initial conference agreement form, with distribution of copies as follows:

12.1.3.E.1 1st copy - Prime Evaluator - To be kept for the purpose of conferring with the evaluatee and not to be otherwise distributed;

12.1.3.E.2 2nd copy - Evaluatee;

12.1.3.F This mutually established standard may be revised during the course of the year with the agreement of both the prime evaluator and evaluatee. Revisions shall be signed by both parties. Any conflict shall be resolved as per paragraph 12.1.3c.

12.1.4 A minimum of two (2) observations, reasonably spaced, will be made during the evaluation period. A record of all formal observations and conferences will be made, and all necessary support material will be collected for use in preparing the final evaluation form. All material must be made in sufficient copies for distribution as paragraphs 12.1.3e1) and 12.1.3e2).

12.1.5 Conferences must be held within three (3) school days of any written observations.

12.1.6 If a concern develops regarding "other duties," a conference shall be held within three (3) school days following the noted concern.

12.1.7 The evaluatee may prepare his/her portion of the evaluation report and submit it to the evaluator at least forty (40) calendar days before the end of the unit member's work year. The evaluator must submit a written evaluation at least thirty (30) calendar days before the end of the unit member's work year. Both the prime evaluator and the evaluatee must sign the completed report indicating a conference has taken place within three (3) days of the evaluator's evaluation.

12.1.8 The prime evaluator will retain a copy of the completed evaluation report and will submit copies to the evaluatee and to the District office for the employee's personnel file. Both the prime evaluator and the evaluatee must sign the evaluation report indicating they have read the report but not, necessarily, that they agree with its content.

12.1.9 The evaluator shall provide the unit member with specific recommendations for remedial action in the areas of the employee's performance needing improvement and endeavor to assist him in improving such performance. A unit member shall take positive remedial action to correct any areas of unsatisfactory performance.

12.1.10 If through subsequent observations, the remedial action eliminates the unsatisfactory performance, a statement regarding the same shall be made a part of the evaluatee's personnel file.

12.2 Personnel File Contents and Inspection

12.2.1 Materials in personnel files of unit members which may serve as a basis for affecting the status of their employment are to be made available for the inspection of the person involved.

Such material is not to include ratings, reports, or records which (1) were obtained prior to the employment of the person involved, (2) were prepared by identifiable examination committee members, or (3) were obtained in connection with a promotional examination.

12.2.2 Every unit member shall have the right to inspect such materials upon request, provided that the request is made at a time when such person is not actually required to render services to the employing district.

12.2.3 Information of a derogatory nature, except material mentioned in the second paragraph of this section, shall not be entered or filed unless and until the unit member is given notice and an opportunity to review and comment thereon. A unit member shall have the right to enter and have attached to any such derogatory statement, his own comments thereon. Such review shall take place during normal business hours, and the unit member shall be released from duty for this purpose without salary reduction.

12.2.4 In the event a unit member demands a hearing after having been served with a notice of the District's intention to dismiss, evidence of records regularly kept by the District concerning the unit member may be introduced; but no decision relating to the dismissal or suspension of any unit member shall be made based on charges or evidences of any nature relating to matters occurring more than four (4) years prior to the filing of the notice.

ARTICLE 13

SAFETY CONDITIONS OF EMPLOYMENT

13.1 Unit members shall immediately report cases of actual or attempted physical assault suffered by them in connection with their employ-ment to their principal or other immediate superior, who shall immediately report the incident to the police.

13.2 Unit members shall recommend to the District in writing that the District exclude from attendance any student that in the unit member's opinion suffers from contagious or infectious disease, has filthy or vicious habits or has a physical or mental disability such that the student's attendance would be inimical to the welfare of other students. The District shall have discretion to act upon the unit member's recommendation, provided, however, that the unit member making such recommendation shall be advised in writing as to the District's action on the recommendation.

13.3 Unit members shall not be required to work under unsafe or hazardous conditions, or to perform tasks which endanger their health or safety. Unsafe or hazardous conditions shall be defined as those conditions that do not meet California OSHA standards.

ARTICLE 14

PROCEDURES FOR PROCESSING GRIEVANCES

14.1 Definitions

14.1.1 A "grievance" is a formal written allegation by a grievant that said grievant has been adversely affected by a violation, misapplication, or misinterpretation of the specific provisions of this Agreement.

14.1.2 A "grievant" may be any unit member.

14.1.3 A "grievant" may also be the CUTA in the event the subject of the grievance involves only rights, or alleged rights, of CUTA.

14.1.4 "The immediate supervisor" is the grievant's school site principal or his designee.

14.1.5 "Days" as used in the Article shall mean days that the central administrative office is open for business.

14.2 General Provisions

14.2.1 Grievance proceedings shall be kept confidential at all levels.

14.2.2 All grievance procedures shall be undertaken in good faith.

14.2.3 Until final disposition of a grievance takes place, the grievant shall be required to fulfill or carry out the original order, requirement or other directive, provided, however, that the District employee giving the order, requirement, or other directive states in writing to the unit member that in said employee's opinion the order, requirement or other directive is within the provisions of this Agreement and the law.

14.2.4 The District shall not agree to any resolution of the grievance beyond Level I until the CUTA has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response. A copy of all formal grievances filed with the District shall be provided to the CUTA within five (5) days of receipt by the District.

14.2.5 Failure of the unit member to adhere to the submission deadlines shall mean that the unit member waives any right to further appeal under this grievance procedure.

14.2.6 Meetings for the processing of grievances shall be scheduled as much as possible at times which will not interfere with the regular work day of the participants. If any grievance meeting or hearing must be scheduled during the regular work day, any unit member required by either party to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of pay for a reasonable amount of time.

14.2.7 The CUTA and the District shall each have the right to have a representative present, and the grievant shall have the right to be personally present at all grievance levels. The grievant must be present at Level I. The grievant need not be personally present at any other level, although if the grievant chooses not to be present, he or she shall be available to provide any information requested by his or her representative during the course of a conference or hearing.

14.2.8 In the event the CUTA is the grievant, Level I shall be omitted.

14.2.9 In the event one or more grievances which contain common issues are at any time progressing concurrently, the same may, at the option of either party be consolidated at the lowest level to which one of the said grievances has progressed, and the CUTA shall thereafter be considered the grievant.

14.2.10 All documents, communications and records created during the processing of a grievance will be filed in a separate grievance file and will not be kept in the personnel file of any of the participants.

14.3 Grievance Levels

14.3.1 Level I

Before filing a grievance, the grievant shall attempt to resolve it by an informal conference with the immediate supervisor within twenty (20) days after the occurrence of the act or omission giving rise to the grievance. The grievant and the immediate supervisor shall have at least ten (10) days, however, after their first contact concerning the grievance to attempt to resolve it. Both the grievant and the immediate supervisor shall sign a memorandum acknowledging compliance with this level.

14.3.2 Level II

If not satisfied with the resolution of the grievance at Level I, the grievant shall, within ten (10) days after the expiration of the time allowed in Level I to resolve the matter, present the grievance in writing to the immediate supervisor including the section of the Agreement being grieved and the specific remedy sought. The immediate supervisor shall prepare a written response to the grievance within ten (10) days after receiving it. Said response, together with the grievance, shall then be submitted to the Superintendent or his designee with copies thereof being submitted to the grievant and to the CUTA. The Superintendent or his designee shall, within ten (10) days after receipt of the grievance and the response, schedule and hold a conference with the grievant and/or his or her representative. Within ten (10) days after the conclusion of such conference, the Superintendent or his designee shall prepare a written decision and submit it to the grievant and to the CUTA.

14.3.3 Level III

If not satisfied with the decision of Level II, the grievant, within ten (10) days after receipt of the Level II decision, may appeal such decision by sending written notice of appeal to the Superintendent. Within ten (10) days after receipt of said notice of appeal, the Superintendent may schedule a hearing of the grievance before the Board of Education.

A. In the event the Superintendent chooses to hold such a hearing before the Board of Education, such hearing shall be scheduled within fifteen (15) days after receipt of the notice of appeal. In the event more than two grievances are being processed, this time may be extended seven (7) days for each additional grievance. At such hearing the grievant and/or his or her representative shall be present. Within ten (10) days after the conclusion of the hearing, the Board of Education shall prepare a written decision and deliver the same to the CUTA.

B. The Superintendent's rights to request a hearing before the Board of Education shall expire at the conclusion of ten (10) days following his receipt of said notice of appeal.

14.3.4 Level IV

If the grievant is not satisfied with the decision at Level III, or in the event the Superintendent's rights to request a hearing before the Board of Education have expired, the grievant may within ten (10) days thereafter request binding arbitration. The procedures of such arbitration shall be as follows:

A. The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) days of CUTA's submission of the grievance to arbitration, submission of the grievance shall be made to the American Arbitration Association. In any event, the parties will be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator and the arbitrator shall proceed under the Voluntary Labor Arbitration Rules of said Association.

B. All filing fees and costs for the services of the arbitrator, including but not limited to per diem expenses, his travel and subsistence expenses and the cost of any hearing room will be borne equally by the District and the party requesting binding arbitration. All other costs will be borne by the party incurring them.

ARTICLE 15

NEGOTIATION PROCEDURES

15.1 Negotiations between the District and the CUTA shall be conducted by the District through its designated representatives and the CUTA through its designated representatives.

Revised 1994/95 15.2 At a mutually agreed upon date later than the second Board meeting in April, the CUTA shall in writing present its initial proposals to the District as to the Agreement for the next regular school year(s) relating to wages and benefits plus one other Article to be selected annually. Thereafter, at the third regularly scheduled meeting of the Board of Education following the receipt of the initial CUTA proposals, the District shall in writing present its initial proposals to the CUTA as to the Agreement for the next school year(s) relating to the same Articles.

15.2.1 The District and the CUTA shall, after the initial proposals have been presented, begin negotiations no later than eight (8) days following Board response pursuant to Section 3543.3 of the Government Code.

15.2.2 The District and the CUTA shall each present agenda items for negotiation at least five (5) days in advance of each negotiating session, unless circumstances arise which require negotiations on a non-agenda item and the District and the CUTA agree to negotiate on such non-agenda item.

15.2.3 At the conclusion of each negotiating session, a memorandum of the meeting shall be mutually agreed upon and executed. In the event that there is tentative agreement reached at a negotiating session on a matter, said tentative agreement shall be reduced to writing and contained in a memorandum of agreement, which shall be executed, subject to later ratification by the CUTA unit members and the Board of Education.

15.2.4 The CUTA designated representatives shall have reasonable periods of release time without loss of compensation while meeting and negotiating pursuant to Section 3540.1 subsection (h) of the Government Code.

15.2.4.A Subject to the further limitations described in paragraph (B) below, five (5) of the CUTA designated representatives shall have release time without loss of compensation while meeting and negotiating during their regular work day, provided, however, that such release time for any one (1) unit member shall not exceed ten (10) percent of the total work days for said unit member for September 1 through August 31 of the years 1977-78, 1978-79, 1979-80, and shall not exceed twenty (20) days of total release and leave time when combined with association leave and president's leave as provided in paragraph 10.6 of Article 10.

15.2.4.B The CUTA designated representatives described in paragraph (A) above shall have a combined total of fifty (50) full work days of released time at District expense for each year from September 1 through August 31 of the years 1977-78, 1978-79, 1979-80. Any days not used in one year shall not be accumulated to the next. If said fifty (50) work days of release time is expended, the CUTA and the District shall share the cost of any further release time on an equal (50/50) basis, said additional shared release time not to exceed an additional combined total of forty (40) full work days for the period from September 1 through August 31 of the years 1977-78, 1978-79, 1979-80. When the above fifty (50) days of release time at District expense and the above forty (40) days of shared release time is expended, there shall be no further release time for CUTA designated representatives.

15.3 YRE bargaining will be reopened in the event that a decision is made to implement a YRE multi-track calendar at one of the secondary schools. In addition, the parties agree that either side may reopen regarding year-round education during the 1992-93, 1993-94, and 1994-95 school years.

15.4 The parties agree that either side may reopen negotiations regarding the impact of changes affecting the Collective Bargaining Agreement involving reconfiguration during the 1993-94 and 1994-95 school years.

ARTICLE 16

COMPLETION OF MEET AND NEGOTIATION

16.1 During the term of this Agreement, except as to negotiations concerning an agreement as expressly provided below in this Article, the CUTA and the District expressly waive and relinquish the right to meet and negotiate and agree that neither the District nor the CUTA shall be obligated to meet and negotiate with respect to any subject or matter whether referred to or covered in this Agreement or not, even though each such subject or matter may not have been within the knowledge or contemplation of either or both the District or the CUTA at the time of negotiations and execution of this Agreement, and even though such subject or matter was proposed and later withdrawn, provided, however that in the event a court of competent jurisdiction considering this Agreement expressly holds any provision of this Agreement to be contrary to law, the CUTA and the District shall each have the right to meet and negotiate solely for the limited purpose of negotiating a new or alternate provision to replace the provision so declared contrary to law.

The matters on which negotiations shall be permitted during the term of this Agreement are expressly limited to the following:

16.1.1 Wages covering the second and third years of this Contract, being the periods between September 1, 1978 to August 31, 1979 and September 1, 1979 to August 31, 1980.

16.1.2 Class Size, K through 12 only, for the third year of the contract being the period between September 1, 1979 to August 31, 1980.

16.1.3 The parties, if they mutually agree to do so, may attempt further negotiations on any portion of the contract at any time during the contract term.

16.2 No leave may be used in connection with CUTA activities which are not provided for in this Agreement, such as work stoppages or the like.

16.3 As a condition to the First Amendment to this Agreement between Chico Unified School District and Chico Unified Teachers Association, CUTA agrees to close negotiations applicable to the year 1978-79, except as specified in paragraph 16.1.3 of Article 16, provided, however, that if the courts or the legislature hereafter provides for increases in certificated school employees' salaries for the 1978-79 year without restrictions or funding penalties connected with such salary increase, and provides the necessary additional funds for said salary increases, Article 8, Wages, will then be open for the year 1978-79. In computing the amount of additional funds provided for said salary increases, the amounts required to fund the items granted in Paragraph 2 of the First Amendment, specifically additional Health and Welfare Benefits as stated, shall be deducted from such additional funds. This shall not preclude negotiations for the year 1979-80 taking place in fiscal year 1978-79 as provided in Article 15.

ARTICLE 17

SAVINGS PROVISIONS

17.1 If any provisions of this Agreement are held to be contrary to law by a court of competent jurisdiction, such provisions will not be deemed valid and in effect except to the extent permitted by law, but all other provisions will continue in full force and effect.

ARTICLE 18

EFFECT OF AGREEMENT

18.1 It is understood and agreed that the specific provisions contained in this Agreement shall prevail over District policies and procedures and over State laws to the extent permitted by State law, provided said policies, procedures and laws are within the specific confines and limits of this Agreement.

ARTICLE 19

TERM

19.1 The term of this Agreement shall be for a period of three (3) years, commencing September 1, 1977, and terminating August 31, 1980. The term shall continue thereafter until altered by negotiation as provided in Article 15, Negotiation Procedures, or until terminated by written notice by either party, given at least thirty (30) days prior to the effective date of termination. Such notice may be given no sooner than July 31, 1980, and may be retracted at any time prior to the termination date stated in the notice.

19.2 The term of this Agreement shall be extended through August 31,2002, with wage and benefit reopeners plus one other reopener from either party for the 1999-2000, 2000-2001, and 2001-2002 years and each subsequent year. To the extent permitted by law, the term shall continue thereafter until altered by negotiation as provided in Article 15, Negotiation Procedures, or until terminated by written notice by either party, as provided below. The extension of this term shall also include the extension of any previously signed addendums and side agreements except as otherwise amended.

19.3 The term shall continue to be three (3) years through the automatic extension of this Agreement by an additional year when the first year expires within any subsequent three-year time frame, unless either party gives written notice of termination of this automatic extension clause not later than July 31 of any year beginning July 31, 2002. The Agreement shall automatically expire three (3) years from the August 31 next following the date of service of the written notice. This paragraph shall be severed without effect on any other provision in the event it is not in accordance with California law.

1998-99/1999-2000 AGREEMENT RATIFICATION

The 1998-99/1999-2000 Agreement was ratified by the CUTA on October 14, 1999, and by CUSD on November 3, 1999, and consistent with Article 19, Term, the Agreement is effective through August 31, 2002.

CHICO UNIFIED TEACHERS ASSOCIATION

By:________________________________

Dan Sours, President

Chico Unified Teachers Association

Date:______________________________ CHICO UNIFIED SCHOOL DISTRICT

By:_____________________________

Jackie Faris-Rees, President

CUSD Board of Education

Date:___________________________

And By:________________________________

Bruce Dillman, Chief Negotiator

Chico Unified Teachers Association

Date:______________________________

And

By:_____________________________

Scott Schofield, Vice President

CUSD Board of Education

Date:___________________________

In the presence of:

__________________________________

In the presence of:

____________________________________

Scott Brown, Ed.D., Superintendent

Chico Unified School District

Added 1981/82

ARTICLE 20

DISTRICT RIGHTS

20.1 This Article is intended to insure that the District retains all rights and powers which it has not agreed to limit in other Articles of this Agreement; this Article is not intended, nor shall it be construed as: (1) expanding the rights of the District beyond statutory and constitutional limits; (2) waiving the rights of individual unit members under the Education Code or other statutes or constitutions; or (3) waiving or otherwise diminishing the rights of the Association or of unit members as set forth in other Articles of this Agreement. If there is a direct conflict between the retained rights of this Article nd the rights of unit members or of the Association as set forth in some other Article of this Agreement, the language of the Agreement shall prevail. Also, it is recognized that some of the following matters fall within the exclusive representative's right to consult as set forth in the Government Code Section 3543.2(a), and this Article is not intended to limit those consultation rights, but rather to indicate that the final decision on "consult issues" lies with the District. Subject to the foregoing qualifications, it is understood and agreed that the District shall retain its rights and responsibilities as defined by the state and federal statutes. The District shall accomplish the full exercise of all such rights and responsibilities unless and except such rights and responsibilities are limited by statute and/or by this Agreement. With respect to the bargaining unit work and the unit members represented by CUTA, such District retained rights include but are not limited to the exclusive right to: determine organization; direct the work of its employees; determine the time and hours of operations; determine the kinds and levels of services to be provided, and the method and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of district operations; determine the curriculum; build, move, or modify facilities; establish budget procedures and determine budgetary allocations; determine the methods of raising revenue; take action on any matter in event of an emergency and engage in the exercise of further unspecified rights necessary to discharge management's responsibility provided, however, that such unspecified rights shall not conflict with the specific and expressed terms of this Agreement and/or law; and in addition, the District retains the rights to hire, assign, reassign, evaluate, and terminate employees, and to determine the effects and impact of any action implementing these rights.

20.2 The exercise of the foregoing rights, authority, duties and responsibilities by the District, the adoption of rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and expressed terms of this Agreement and applicable statutes.

20.3 This Article shall not be subject to the terms and conditions of Article 14, "Procedures for Processing Grievances." However, nothing contained herein shall be construed to prevent the filing of grievances pursuant to Article 14 contending that the District has violated an expressed term of some other Article of the Agreement which has not by its own terms been excluded from the grievance procedure.

Added 1984/85

ARTICLE 22

MENTOR TEACHER AND CLASSROOM TEACHER INSTRUCTIONAL IMPROVEMENT

NOMINATIONS/APPOINTMENTS/REAPPOINTMENTS/GRANTS

22.1 Mentor Teacher Nominating Committee

A single District-wide mentor teacher nominating committee comprised of four teachers and no more than three administrators will nominate mentor teachers for consideration by the Board of Education.

22.1.1 At least one teacher representative from each school in the District may be nominated (one nominee per elementary/small secondary school and two nominees per large secondary school) by the certificated teachers at each school in the District to serve on the mentor teacher nominating committee (teachers may also serve concurrently on the classroom teacher instructional improvement grant committee). Nominees may decline nominations. A single written ballot including all school nominees will be developed, and teachers throughout the District will have an opportunity to vote for and select four committee members (two elementary and two secondary) for staggered two-year terms. Alternates will be identified to fill any vacancies which may occur prior to the expiration date of the committee members' terms.

22.1.2 Once committee members are selected, a committee meeting will be scheduled by the District. The committee will elect a chairperson and develop any necessary operational procedures needed by the committee. The operational procedures will be consistent with any Education Code and/or California Administrative Code, Title V, provisions and will be revised periodically by the committee.

22.1.3 For committee work scheduled by the District during the regular work year, a committee member will receive her/his regular daily wages. Such work will be scheduled by the District between the hours of 8:00 a.m. and 4:00 p.m. Committee members may work outside the 8:00 a.m. to 4:00 p.m. hours if they so desire.

For committee work scheduled by the District on days that are not included in the regular work year, a committee member will be paid 1/8 of 1/184 of said unit member's salary on the regular salary schedule per hour worked.

22.1.4 The committee will consider the qualifications of all mentor teacher applicants and determine which applicants qualify for the position. The committee may consider the applicant's application, personnel file materials for the last ten-year period, any other relevant information or materials, and may elect to observe the applicant(s) through actual classroom observation(s) and/or some form of video observation(s).

22.1.5 The committee will determine which mentor teacher applicants meet District qualifications for the mentor teacher position and nominate all qualified applicants for consideration by the Board of Education. The committee nominations will remain current for a three-year (fiscal) period. The committee will annually consider new and/or renewal applications.

22.2 Appointment of Mentor Teachers

22.2.1 Annually, the Board of Education will assess the needs of the District and make a decision to appoint, reappoint, or decline to appoint/reappoint mentor teachers for a one year term. Any appointments will be made from a list of qualified applicants as nominated by the mentor teacher nominating committee. Any reappointments will be made from a list of mentor teachers who performed satisfactorily, as determined by the District, in the position the prior year(s) and remain qualified for the position.

22.2.2 Each mentor teacher will be assigned to work in one or more schools in the District. Mentor teachers assigned to teach at the elementary level during the regular school day will generally be assigned mentor duties at the elementary level. Mentor teachers assigned to teach at the secondary level during the regular school day will generally be assigned mentor duties at the secondary level; however, based on the needs of the District and the experience and expertise of the individual mentor teacher, he/she may be assigned duties at both the elementary and secondary levels. Mentor teacher duties and responsibilities will be consistent with the District-adopted job description, and each mentor teacher will be directed and supervised by a school administrative representative.

22.3 Classroom Teacher Instructional Improvement Grant Nominating Committee

This provision, 22.3, will allow the District to take full advantage of the Classroom Teacher Instructional Improvement Program as per Sections #44700, #44701, #44702, #44703, #44704, and #44705 of the Education Code.

A single District-wide classroom teacher instructional improvement grant nominating committee comprised of four teachers and no more than three administrators will recommend instructional improvement plans for consideration by the Board of Education.

22.3.1 At least one teacher representative from each school in the District may be nominated (one nominee per elementary/small secondary school and two nominees per large secondary school) by the certificated teachers at each school in the District to serve on the classroom teacher instructional improvement grant nominating committee (teachers may also serve concurrently on the mentor teacher nominating committee). Nominees may decline nominations. A single written ballot including all nominees will be developed, and teachers throughout the District will have an opportunity to vote for and select four committee members (two elementary and two secondary) for staggered two-year terms. Alternates will be identified to fill any vacancies which may occur prior to the expiration date of the committee members' terms.

22.3.2 Once committee members are selected, a committee meeting will be scheduled by the District. The committee will elect a chairperson and develop any operational procedures needed by the committee. Operational procedures will be consistent with any Education Code and/or California Administrative Code, Title V, provisions and will be reviewed periodically by the committee.

22.3.3 For committee work scheduled by the District during the regular work year, a committee member will receive her/his regular daily wages. Such work will be scheduled by the District between the hours of 8:00 a.m. and 4:00 p.m. Committee members may work outside the 8:00 a.m. to 4:00 p.m. hours if they so desire.

22.4 Development and Consideration of Instructional Improvement Grant Plans

Annually, the Board of Education will identify the instructional needs of the District. Applicants will consider the District needs when developing instructional improvement grant applications.

22.4.1 Each instructional improvement grant application will be submitted in writing by an individual teacher or by a group of teacher in the District, will be designed to supplement not supplant instructional planning and must comply with any applicable Education Code and/or California Administrative Code, Title V, provisions. Each application should include:

A. Name(s) and brief narrative of teaching experience of applicants;

B. Instructional improvement plan goal statement(s);

C. Objectives or narrative of instructional improvement plan;

D. Statement of how District needs will be met by the plan;

E. Statement regarding anticipated instructional application (individual, group, department, intra-school, intra-District);

F. Budget, including any projected number of work hours to complete the project;

G. Anticipated completion date.

22.4.2 The Nominating Committee will review each plan that is submitted in compliance with District timelines and Section 22.4.1 of this Article.

A. The Committee will establish criteria to be used in the evaluation of each plan.

B. Committee recommendations for instructional improvement grants will be based on District needs and will include a timeframe and recommended funding for each grant that is recommended (Section 6.3.1 shall be used to calculate any recommended wages for each grant).

C. Written committee recommendations for qualified plans will be submitted to the Board of Education for consideration.

22.4.3 Once an application is approved, the recipient will be so notified. The recipient will work under the supervision of a designated District representative who will also assume the responsibility of authorizing grant expenditures, exclusive of any wages.

22.4.4 The Board of Education will, consistent with District needs, make the decision to approve or disapprove each instructional improvement plan as recommended by the nominating committee.

22.4.5 Consistent with the timelines established by the nominating committee, each grant recipient(s) will file an interim or final report with the nominating committee. The report will include, but not be limited to, instructional materials developed, appraisal of the project, ideas for instructional application and a financial statement of grant expenses, including any wages. The financial statement will not exceed the amount of the grant which was previously approved by the Board of Education.

22.4.6 Following a review of the report and possibly a meeting(s) with the recipient(s), the nominating committee will determine if the recipient(s) has successfully met all project commitments to date. If the project commitments have been successfully met, the committee will recommend that the recipient(s) be paid any wage or portion thereof for the project.

Added 1986/87

ARTICLE 24

IMPLEMENTATION OF AN INDIVIDUAL PROGRAM OF PROFESSIONAL GROWTH

REQUIRED BY EDUCATION CODE SECTIONS 44277 THROUGH 44279

24.1 The purpose of this Article is to notify bargaining unit members of the requirements concerning an individual program of professional growth pursuant to Education Code Sections 44277-44279. If, during the term of this Article, the Legislature should modify Education Code Sections 44277-44279, and such modification(s) affect the provisions in this Article, this Article shall be reopened for negotiations.

24.2 This Article is limited to those members of the bargaining unit who are issued their first clear multiple or single subject teaching credential on or after September 1, 1985, pursuant to Education Code Section 44251.

24.3 This Article shall not be interpreted in any manner which is inconsistent with applicable statutory law or applicable rules of the Commission on Teacher Credentialing.

24.4 Bargaining unit members covered by this Article shall adhere to Education Code Sections 44277 through 44279 and applicable rules of the Commission on Teacher Credentialing.

24.5 Before a bargaining unit member commences or amends an individual program of professional growth consisting of a minimum of 150 clock hours pursuant to Education Code Sections 44277 through 44279, the individual program of professional growth first must be checked and certified by the designee of the District. The District shall not designate a bargaining unit member as a professional growth advisor.

24.6 The District will give to all bargaining unit members covered by this Article one copy of Education Code Sections 44277 through 44279 and one copy of applicable rules of the Commission on Teacher Credentialing.

24.7 Any adverse actions by the District related to professional growth under this Article must be appealed pursuant to Education Code Section 44278.

24.8 The terms and conditions of this Article and/or documents associated with the Article shall not be included in the performance evaluation of any unit member.

Added 1989/90

ARTICLE 25

TRACK ASSIGNMENT OF TEACHERS FOR YEAR-ROUND SCHOOLS

25.1 Track Assignment of Teachers for Year-Round Schools

Initial track assignment of teachers for year-round schools will be made according to the following procedures:

25.1.1 Teachers may meet according to grade level and try to mutually agree to their track assignment within a time frame specified by the principal. If mutual agreement is reached among the teachers regarding their respective track assignments, the principal shall assign tracks as agreed; however, final track assignments shall be made by the principal whenever mutual agreement cannot be reached within the designated time frames.

25.1.2 In those cases where mutual agreement cannot be reached because more than one teacher requests the same track, the principal shall determine final placement subject to but not limited to the following non-prioritized criteria:

25.1.2.A Certification of employee;

25.1.2.B Training and experience at the grade level within the District;

25.1.2.C Years of experience;

25.1.2.D Track placement of any spouse of an employee so that employee and spouse may be on the same track;

25.1.2.E School site seniority;

25.1.2.F Best interests of educational needs.

25.1.3 Any employee who disagrees with the initial track assignment made by the principal may appeal it in writing to the Superintendent/ designee specifying the reason(s) for the appeal. The Superintendent/ designee shall review the appeal and make a decision within ten (10) work days. The decision of the Superintendent/designee shall be final.

25.1.4 After assignments have been completed, two unit members teaching at the same level may propose an exchange of track assignments, subject to final approval by the principal. The principal's denial of a proposed exchange shall be given in writing, stating the reasons for the denial.

25.1.5 Unit members may propose that they switch tracks at the end of any school year. Such proposal is subject to final approval by the principal. After an initial assignment to a track, a unit member will not be assigned involuntarily to another track without prior compliance with the criteria in 25.1.2.

25.1.6 Teachers within the same year-round school who wish to be reassigned from one track to another track shall be given first consideration for any track opening which may occur at that school.

25.2 Year Round Education Teachers/Children Track/School Preference

25.2.1 Children of teachers who are assigned to a year-round school shall be given their choice for track assignment at the same year-round site, if requested, or to a like track at another year-round school site if preferred, including transfers from a traditional school.

25.2.2 Children of teachers who are assigned to a traditional school and who are enrolled at a year-round school shall be granted transfer to the same traditional school as the teacher, if requested, or to another traditional school on a space available basis, if preferred.

25.3 Tentative Teaching Assignments (all unit members)

Each unit member shall be informed of his/her tentative assignment for the coming school year no later than five (5) days prior to the end of his/her work year.

Back to CUTA or CUSD

APPENDIX A

MEDIATOR'S SETTLEMENT PROPOSAL INITIATED BY WILLIAM J. HANEY AND PRESENTED TO THE PARTIES, CUSD AND CUTA, ON FEBRUARY 17, 1987

A. The District shall not terminate or suspend any unit member for participation in any concerted activity sanctioned by the Association which was directly related to the negotiations in 1986-87 leading up to this settlement, The District also shall not place any written reprimand in a unit member's personnel file for participation in any concerted activity sanctioned by the Association which was directly related to the negotiations in 1986-87 leading up to this settlement.

B. The Association shall not take any action against any unit member for failure to participate in any concerted refusal to work officially sponsored by the Association. The Association shall not take any action against any student because of negotiations in 1986-87 leading up to this settlement.

C. Upon request by a unit member, the District shall reinstate any unit member to an extra-compensation position from which the unit member resigned because of negotiations in 1986-87. In no case shall any unit member receive any compensation for an extra-pay position during the period of time from the effective date of the resignation to the effective date of the reappointment.

APPENDIX B

YEAR-ROUND EDUCATION TASK FORCE

Within twenty (20) working days of the completion of the 1991-92 negotiations, the District and Association agree to participate in an Assessment Task Force of year-round education. This task force will review issues including but not limited to track placement, combination classes and communication.

The task force membership from each multi-track YRE site shall consist of:

� Two unit representatives and one alternate selected by CUTA.

� One parent representative and one alternate selected by the parents of that site.

� One administrator and one alternate selected by the District.

The task force membership shall also include up to two District administrators selected by the District.

Recommendations mutually acceptable to the Association and the District on matters not within the scope of representation will be referred to the Superintendent for presentation to the Board of Education. Mutually acceptable recommendations within the scope shall be referred to the negotiations process.

APPENDIX C

CHICO EDUCATORS HEALTH AND WELFARE BENEFIT TRUST

PARTICIPATION AGREEMENT

A. RECITALS

Certain public school districts and public school employee unions have established the CHICO EDUCATORS HEALTH AND WELFARE BENEFIT TRUST to provide health and welfare benefits for members of public school bargaining units and for management and confidential employees of districts, school board members and retirees.

The Chico Unified School District and the Chico Unified Teachers Association have entered into a collective bargaining agreement which provides for contributions to the Trust for the provision of health and welfare benefits for employees of the District represented by the Union.

B. PARTIES

This PARTICIPATION AGREEMENT (hereinafter Agreement) is entered into by and among the Chico Educators Health and Welfare Benefit Trust (hereinafter the Trust), a tax exempt trust under Internal Revenue Code Section 501 (c)(9), the Chico Unified School District (hereinafter the District) and the Chico Unified Teachers Association (hereinafter the Union).

C. TERMS OF AGREEMENT

In consideration of the mutual promises and covenants to be observed, kept and performed by the parties hereto, it is agreed as follows:

1. Employee

The term employee, as used herein, refers to all persons in employment classifications designated on the Election Form as eligible to participate in the Trust.

2. Election Form

The benefit plan(s) (hereinafter "the Plan(s)) selected by the District and the Union are those set forth in the Benefits Plan Election Form (hereinafter "the Election Form), attached hereto as Exhibit "A" and incorporated herein as though fully set forth,

a. Eligibility rules

The District and the Union agree to the uniform eligibility rules of the Trust, attached hereto as Exhibit "B" and incorporated herein as though fully set forth.

b. Employee contributions

A full contribution must be paid for each employee for each of the plans elected in Section 3 of the Election Form. If the collective bargaining agreement between the District and the Union provides for employees to pay a portion of the contribution, such bargaining agreement shall, by execution of this Agreement, be deemed to require each employee to authorize the District to withhold the required employee portion of the contribution monthly during the term of this Agreement from each such employee's compensation and to require the District to remit that amount together with the District's portion in one aggregate payment to the Trust.

c. Contribution rates

The contribution rates and the terms of the Plans specified in the Election Form and the Trust eligibility rules may be changed by the Trust effective not later than July I of each school year, The Union and the District will be notified in writing of applicable rates and benefit and eligibility rules changes at least thirty (30) days prior to their effective date. If the revised contribution rate is not paid, the Trust may terminate this Agreement in accordance with Section 7.b., infra.

3. District Contributions and Reports

a. Report of covered employees

The District shall prepare and submit to the Trust monthly by such date as the Trust prescribes a current list on a form to be supplied by the Trust, of all employees who are covered under each Plan, annotated to add newly enrolling employees and to delete employees who are no longer eligible,

b. Payment of District contributions

All contributions for employees covered pursuant to each respective Plan shall be paid by the District on a monthly basis in the amount per employee specified in the Election Form for each employee included on the monthly list referred to in Section 3.a., supra. Such Contributions shall be made promptly in advance to the Trust at the beginning of each calendar month.

c. Delinquent contributions

The District's contribution shall be considered delinquent if any part thereof is not received within thirty (30) days after the due date, unless the District has deposited with the Trust an amount equal to one month's estimated monthly contribution, or unless the Trust excuses such delinquency for good cause. Any prepayment shall be held for the District by the Trust and the District shall pay to the Trust the sum of ten percent (10%) of the amount of the delinquent contribution or contributions due and payable in a month. This amount shall become due and payable to the Trust by the District as liquidated damages and not as a penalty, at the place where the contribution is payable upon the day immediately following the date on which the contribution or contributions become delinquent, which payment shall be in addition to the delinquent contribution or contributions. Interest shall be charged on delinquent contributions at the rate of one percent (1.0%) simple interest per month, or such other reasonable rate as the Board may from time to time establish under applicable law. All contributions paid to the Trust shall first be applied to any delinquent payments, liquidated damages and/or interest charged in the order and amount as determined by the Trust. In the event the Trust determines it is necessary to consult legal counsel with respect to the District's delinquent payments, there shall be added to the obligations of the District reasonable attorney's fees, court costs and all other reasonable expenses incurred by the Trust in connection with collection of such delinquency, provided the Trust prevails in such collection effort.

4. Collective Bargaining Agreement

This Participation Agreement shall not be effective until the District and the Union provide

the Trust a copy of their current collective bargaining agreement and the provisions of such agreement for participation in the Trust are approved by the Trust. The District and the Union shall promptly provide the Trust with copies of any changes in their collective bargaining agreement relative to participation in the Trust. The provisions of this Agreement and the Declaration and Agreement of Trust Establishing the Chico Employees Health and Welfare Benefit Trust Fund shall govern and shall be read consistently with the collective bargaining agreement between the District and the Union.

5. Financial Statement

Annually the Trust shall submit a financial statement to the District and the Union.

6. Distribution of Materials

The District agrees to cooperate and assist in the distribution to employees of enrollment forms, benefit descriptions, benefit certificates, provider directories, claim forms, and other forms or documents usually supplied in connection with the enrollment process.

The Trust will be responsible for administering COBRA continuation benefits for employees and eligible dependents. The District shall notify the Trust of the termination, reduction in hours or death of any employee or of any other COBRA-qualifying event as required by law.

7. Termination

a. District or Union termination

The District and the Union may terminate their participation in the Trust as of June 30th of any year by a jointly executed notice of termination delivered to the Trust on or before the preceding May 1st. If the District and the Union terminate participation without such notice, the District shall be required to pay an exit fee equal to the average monthly contribution paid in the prior 12-month period.

b. Trust termination

The Trust may terminate this Agreement at any time if the District fails or refuses to make all payments required hereunder for the Plans shown on the Election Form within thirty (30) days following the date of delinquency specified in Section 3.c., supra.

c. Trust responsibility for claims

Following termination of this Agreement, it is understood and agreed that the Trust shall be responsible for payment of eligible claims of covered employees and/or officers incurred on or before the termination date only in accordance with the terms and specifications of this Agreement and the Declaration and Agreement of Trust Establishing the Chico Educators Health and Welfare Benefit Trust and of each applicable Plan. The parties acknowledge that after termination of participation, neither the employees and/or employees representatives nor the District shall retain any right or interest in the Fund or any of its assets and shall not be entitled to any share of the reserves maintained by the Fund upon their withdrawal from participation.

8. Binding Effect of Trust Agreement

The parties hereto agree to be bound by the terms and provisions of the Declaration and Agreement of Trust Establishing the Chico Educators Health and Welfare Benefit Trust.

9. Waiver of Claims

The District and the Union hereby waive any claim against the Directors, agents or employees of the Trust for any loss, cost or expense, including attorneys' fees, alleged to arise from or relate to the Directors', agents' or employees' good faith discharge of responsibilities hereunder or under the Trust Agreement.

10. Limit of Liability

In the event that, at any time, the Trust does not have sufficient assets to permit continued payments hereunder, this Agreement shall impose no liability on the Board of Trustees of the Trust, individually or collectively, or the Participants, or Unions, or any other person or entity of any kind to provide the benefits established hereunder.

11. Right of Beneficiary(ies) to Appeal Claim Denial

Beneficiaries, or their duly authorized representatives, may appeal claim denials, whether in full or in part, as follows:

a. Original rejection or denial

Within thirty (30) days after a claim has been rejected or denied, in whole or in part, by the Claims Administrator and notice thereof has been sent to the beneficiary, the beneficiary may, in writing to the Claims Administrator, request that the Claims Administrator reconsider the action. The Claims Administrator will then reconsider the action, and will advise the beneficiary, in writing, of the results of the reconsideration.

b. Rejection or denial on reconsideration

Within sixty (60) days after action on the request for reconsideration has been mailed to the beneficiary, the beneficiary may file with the Claims Administrator a written request for an Appeal. Such appeal will be referred to the Utilization Review company used by the Trust. The utilization review provider will consider the appeal and act thereon, within sixty (60) days of receipt thereof or, if special circumstances are present, within one hundred and twenty (120) days, and will notify the beneficiary in writing of the results of the appeal.

c. No further appeals are available to the beneficiary.

12. Notice

Any written notice required by or pertaining to this Agreement shall be sent to such party by prepaid first class mail or telegram or facsimile transmission, at the address listed below:

If to the Trust:

Chico Educators Health and Welfare Benefit Trust

c/o Scott Jones

Chico Unified School District Office

1163 E. Seventh Street

Chico, CA 95928

Facsimile number: 916 891-3220

If to the District:

Paul J. Carras, Assistant Superintendent

Chico Unified School District

1163 E. Seventh Street

Chico, CA 95928

Facsimile number: 916 891-3211

If to the Union:

Chico Unified Teachers Association

c/o Jim Williams

821 E. 5th Avenue

Chico, CA 95926

Facsimile number: 916 343-0533

13. Term of Agreement

The term of this Agreement shall commence at 12:01 a.m. July 1, 1995, and shall continue

in effect until terminated pursuant to Section 7, supra.

Exhibit A

Chico Educators Health and Welfare Benefit Trust

BENEFIT PLAN ELECTION FORM

Chico Unified Teachers-Association

1. Name of District: Chico Unified School District

2. Employees covered (check all appropriate boxes):

Category 1 X Certificated employees (number)

Category 2 X Association employees (number) 1

Category 3 X COBRA enrollees (number)

3. Plans elected:

Plan Identification Initial monthly contribution

Medical Plan X $ Per schedule on file with Trust

Dental Plan X $

Vision Plan X $

4. Are part time employees eligible? X Yes No

5. If the answer to 4. is yes, explain in detail any minimum work requirements.

Per the Collective Bargaining Agreement

6. Describe all provisions for payment of all or part of the monthly contribution by full time

or part time employees:

Per the Collective Bargaining Agreement

7. If any employees may self pay for coverage on a voluntary basis, explain which employees can do so and under what circumstances.

Per the Collective Bargaining Agreement

The foregoing is true and correct.

For the Chico Unified School District For the Chico Unified Teachers Association

By: _________________________ By: _______________________________

Dated: ___________________ Dated: ___________________

Note: This Participation Agreement is not effective until the provisions of Section 4 have been satisfied and the Trust has approved this Agreement by returning a copy of this Benefit Plan Election Form signed in the space provided below.

Approved by:

For the Chico Educators Health and Welfare Benefit Trust:

By: _______________________________

Dated: ____________________________

Exhibit B

Chico Educators Health and Welfare Benefit Trust

UNIFORM ELIGIBILITY RULES

8/15/95 NOTE: This Exhibit will be completed and attached before the October 24, 1995

meeting of the Board of Trustees. The Agreement is, in all other respects, legal and operable as of July 1, 1995.

APPENDIX D

CUSD/CUTA COLLECTIVE BARGAINING AGREEMENT SIDEBAR

The parties agree that the "CUSD/CUTA Pilot Program Outline" (hereinafter referred to as the "proposal") is not in conformity with the Collective Bargaining Agreement in effect. In this regard, the parties acknowledge the proposal agreed upon shall expire on August 31, 1996. This proposal shall only continue past the agreed expiration date upon the mutual agreement of the parties in writing. The parties specifically acknowledge and agree that agreement to the proposal set forth herein shall not constitute nor be construed to be a modification of the CUSD/CUTA Collective Bargaining Agreement between the parties, establishment of a past practice, or any commitment on the part of the parties to continue the proposal provided for herein beyond the date referred to herein. The provisions of Article 14, Procedures for Processing Grievances, of the CUSD/CUTA Collective Bargaining Agreement shall be applicable in the event of failure to follow this procedure in the implementation of a CUSD/CUTA Pilot Program.

CUSD/CUTA PILOT PROGRAM OUTLINE

The purpose of "piloting" school program(s) is to insure that a program has been planned, is educationally sound, is supported by the certificated staff, and has a reasonable opportunity for success. A "CUSD/CUTA Pilot Program" is any program that is not in conformity with the CUSD/CUTA Collective Bargaining Agreement. The provisions of Article 14, Procedures for Processing Grievances, of the CUSD/CUTA Collective Bargaining Agreement shall be applicable in the event of failure to follow this procedure in the implementation of a "CUSD/CUTA Pilot Program".

Any "CUSD/CUTA Pilot Program" mutually agreed to by the Chico Unified Teachers Association and the District will be considered a "SIDEBAR" to the CUSD/CUTA Collective bargaining Agreement.

Before a "CUSD/CUTA Pilot Program" will be considered for implementation the following procedures shall be followed:

Step A. Certificated staff will develop a plan consistent with steps outlined in the Outline For Pilot Programs and make a determination of staff and parent support;

Step B. This plan will be forwarded to Instructional Support Services and CUTA for concurrent review;

Step C. When approved by Instructional Support Services, the plan will be forwarded to the CUTA Bargaining Team;

Step D. The CUTA Bargaining Team will forward the plan to the CUTA Executive Board for Approval;

Step E. When approved, the designated CUTA and CUSD representative will sign off on the plan. The "CUSD/CUTA Pilot Program" can then be implemented by the District.

OUTLINE FOR "CUSD/CUTA PILOT PROGRAMS'

The willingness to try an innovation or reform underscores the basic assumptions that there is a desire or need to modify the current method of delivery of a particular curricular/instructional area. This assumption continues with the belief that an innovation or reform in the area will lead to increased student learning, improved study/work environment etc. Increased student learning may be defined as greater acquisition of knowledge or skills and/or the ability to reach higher cognitive levels. The steps outlined below must be completed before a "CUSD/CUTA Pilot Program" will be considered for implementation by the District.

1. What is the need that is being addressed by this proposal?

A. In one paragraph please give as succinct a description as possible of the need.

B. Has this particular problem, or similar one, been addressed by a previous pilot program in the District? If it has, please explain at which school site, what was done about it and with what degree of success?

C. To what degree have you involved parents in this proposal? Please explain.

D. How will it benefit students?

E. How will it benefit teachers?

2. Will implementing this proposal create any new problems? If so, please explain how these problems will be addressed.

A. Will this proposal create any new problems at your school site?

B. Will this proposal create any adverse effects on any other District or site program?

3. Please give a description of the proposal and the outcomes expected. Be specific as to the outcomes to be accomplished at the conclusion of this program by students, teachers and administrators.

4. Specifically describe the methods that will be used to evaluate whether these outcomes are/have been reached.

A. Give a description of the methods and formulas that will be utilized, how the baseline and evaluation data will be collected, and how you will demonstrate whether increases in student learning have occurred.

B. At what point(s) during the program will evaluation(s) take place?

C. What are the criteria and/or goals that have been established so that after reviewing the data a decision can be made whether to continue or abandon the proposal?

D. What type of support has been built into the system to assist teachers and/or students who are having difficulties with this program? Please address who will be responsible for assisting teachers and/or students if the levels of performance are lower than expected at evaluation times.

E. Evaluation of this program shall be submitted to CUSD/CUTA within three (3) months after the completion of the program.

5. Comment on any available research on the proposal being proposed.

A. Give a brief overview of research that compares this proposal to others. Please include, if available, a description of the types of student gains measured in the research.

B. Please comment on any articles that express opinions or reasons as to why such a proposal should be implemented.

C. If there is no research or other articles on this proposal, please elaborate on why this program should be piloted by our District.

6. What are the costs associated with this proposal?

A. How will the costs be funded?

B. Will these costs cause any adverse effects on any other program at your site or in the District?

7. What period of time will this proposal cover?

A. Please provide a rationale for this time period.

8. What percentage of the certificated staff at the site, in a secret ballot, voted to support the proposal? A minimum of 75% is required for the consideration of approval.

Any requests for extension(s) of this program shall be filed in a timely manner. The request must include an up-to-date or final evaluation of the program and an updated staff survey indicating support for such an extension. Please follow the steps as outlined in "Pilot Program Outline" above.

APPENDIX E

Memorandum of Understanding Between

the Chico Unified Teachers Association and the Chico Unified School District

Elementary Teacher on Special Assignment Pay

Calculation and Evaluation

The Chico Unified Teachers Association (Association) and the Chico Unified School District (District) hereby agree as follows:

1. Stipend Calculation

Elementary Teachers on Special Assignment (Special Assignment Teachers) shall receive a

stipend for such special assignment work as follows:

A. Special Assignment Teachers assigned to Special Assignment full time shall receive a stipend determined by that teachers salary in effect at the time of the assignment multiplied by a factor of 0.05.

B. Special Assignment Teachers assigned to Special Assignment less than full time shall receive a stipend determined by the Full Time Equivalent percentage (FTE) of that teachers Special Assignment multiplied by that teachers salary in effect at the time of the assignment multiplied by a factor of 0.075.

2. Stipends shall be paid to Special Assignment Teachers at the end of each semester.

3. The Special Assignments referenced herein shall be in place for the 1998-99 school year only. This stipend calculation shall therefore only be applicable for the 1998-99 school year, unless extended by mutual written agreement of the parties.

4. Teachers on Special Assignment shall have full return rights to their site school to which they were assigned at the time of the Special Assignment.

5. Special Assignment Teachers shall receive mileage reimbursement pursuant to the Districts mileage claim and reimbursement policy for travel necessary to fulfill Special Assignment duties.

6. Special Assignment Teachers assigned to Special Assignment full time shall be evaluated by the Districts Director of Curriculum. Special Assignment Teachers assigned to Special Assignment less than full time shall be evaluated primarily by the teachers site principal with input from the Districts Director of Curriculum.

7. Assistance provided by Special Assignment Teachers shall be by teacher request.

For the Chico Unified Teachers Association: For the Chico Unified School District:

By: ________________________________ By: _____________________________

Bruce Dillman, CUTA Paul Carras, Deputy Superintendent

Dated: ______________________________ Dated: ___________________________

APPENDIX F

Instructional Time and Staff Development Program

Effective July 1, 1999, the Association and the District implement the provisions of the Instructional Time and Staff Development Reform Program ("Development Program") (Education Code Sections 44579.1, et seq.). The terms, conditions and provisions of the Development Program are all applicable here and incorporated by reference. Through the Development Program, the District shall provide for three staff development days per teaching year as set forth below.

A. As set forth below and through the Development Program, there shall be three staff development days per teaching year which shall be part of the members' total work days. Effective July 1, 1999, the work year for members shall be reduced by three teacher work days, those three teacher work days replaced by the three staff development days. However, for the teaching year 1999-2000 only, up to two of the three days will take place outside of the teaching year calendar through flexible plans. It is understood that many of these hours may have already been completed.

B. A day of staff development is 7 hours of actual staff development time.

C. It is expressly understood that all of the three staff development days will terminate should the Legislature repeal funding, in whole or in part, for the Development Program. In the event of such termination, the Association's Members' salary schedule shall immediately be uniformly reduced by 2%. In the event of such termination, this Article shall be of no further force and effect.

D. All members shall participate in staff development as defined below.

E. Participation is mandatory. Attendance recording, in accordance with the Development Program, will be required. Members shall sign, under penalty of perjury, the attached attendance form. Contemporaneous documentation must be provided to the site administrator, including: agenda(s) with topic(s), length of time for the sessions attended and registration forms. Failure to comply with such recording will result in loss of pay. No sick leave or other leave may be taken. Failure to attend for a partial day will result in loss of pay equivalent to one day. However, if a member is absent, that member may make up the day or time missed or will lose one day of pay at the member's per diem rate for each day missed. All of the make up days must be completed prior to June 30 of each year; make up days will be scheduled outside of the work calendar (evenings and weekends).

F. Staff development content shall be provided from a list or offering of programs as made available by the appropriate site committee (which must include teachers) or self determined, followed by approval by the principal. The selected program shall meet the requirements as set forth in Education Code Section 44579.1 (c)(1): "teaching strategies, classroom management, and other training designed to improve pupil performance and academic content in the core curriculum areas."

G. For Multi-track year round schools, track-in days shall be paid at the unit members daily rate as per article 6.1.7 of the Collective Bargaining Agreement. Those work days now categorized as track-in days are being replaced with staff development days.

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