LOS ANGELES UNIFIED SCHOOL TEACHERS LOS ANGELES TENTATIVE AGREEMENT 2014-2017 This Tentative Agreement is made and entered into this 17th day of April, 2015 by and between the Board of Education of the Los Angeles Unified School District (?District?) and United Teachers Los Angeles (UTLA). The District and UTLA have met and negotiated in good faith and have completed their negotiations for this 2014-2017 Agreement. This Agreement is the successor to the parties? 2008?2011 Agreement, which has previously been extended to cover the 2011-2014 years. The parties hereby agree as follows: A. All articles and provisions of the parties? 2008-2011 Agreement, together with previous amendments, supplements, MOUs and sideletters to the extended 2008-2011 Agreement, are to be combined with the terms of this Agreement to form the 2014-2017 Agreement. The parties? will develop appropriate non?substantive language corrections to combine the above documents with this Agreement. Additional agreements: Attachment A Article V-G rievances Attachment Article lX-Reassigned Employees Attachment - Article X-Substitute Rights Attachment Article XIV-Salaries Attachment ?Artic e Size Attachment Personal Necessity Sideletter Attachment Evaluation MOU Attachment Class Size MOU 2015?16 Term of Agreement: This Agreement shall be for a term of three (3) years (2014-2015 through 2016?2017}. It shall become effective upon final Board adoption, excepting those provisions which specify that they are to be made effective at a different date. This Agreement shall remain in fuil force and effect, pursuant to its terms, to and including June 30, 2017 and thereafter shall remain in effect on a day-to-day basis until terminated by either party upon ten (10) days? written notice. There shall be reopener negotiations for the 2015-2016 and 2016? 2017 school years as follows: 1. 2015-2016 Reopeners: The parties agree to reopen on Article X-Evaluation and Article Class Size 2. 2016?2017 Reopeners: The parties agree to reopen on Article XIV-Salary, Article Size and three (3) articles each. This Agreement is subject to ratification by the UTLA membership and to final adoption by the LAUSD Board of Education. Date of Agreement: 4- (r Los Angeles Unified School District Superintendent of Schools Adopted by the Board of Education on By: Richard Vladovic, President United Teachers Los Angeles Alex Ca puto-Pea rl President . 2015. 2.1 7.0 80 ARTICLE - GRIEVANCE PROCEDURE ATTACHMENT A When a grievant is not represented by UTLA, the District shall furnish to UTLA (in care of the UTLA Field Organizing Director DneaerGrievanee a cepy of the grievance. If the grievance is withdrawn without a settlement, the District shall so notify UTLA. The District shall not agree to a ?nal resolution of the grievance until. UTLA has been noti?ed of the proposed resolution, and been given an opportunity to state in writing its views on the matter. Informal Conference - - - - - - . Before ?ling a formal grievance, A . infennal?efferts the grievant shall attempt to resolve a grievance by an informal conference with the grievant?s immediate supervisor. If a grievance does not relate to the immediate administrator and the remedy requested is not within the authority of the immediate administrator. the grievant mav initiate the informal conference with the administrator who has such reSponsibilitv and authority. Said conference shall be requested within ?fteen (15) days of the Occurrence of the act or omission giving rise to the grievance or of the date when the grievant could be reasonably expected to know of the act or omission which gives rise to the grievance. ?at b. . A meeting between the grievant and the immediate administrator shall take place within ?ve (5) days fromwritten request for the informal Conference. The administrator shall reply in writing within ?ve (5) days following the informal conference. - Step One: A formal grievance must be ?led within ?fteen??169 thir_ty (301 days (as de?ned in Section 6.0) after the grievant 'or UTLA knew or reasonably should have knownofthe -. - actoromission which gives rise to the grievance8.1 8.2 9.0 12.0 A1TACHMENT A Hanger-orders It should be noted that there are shorter time limits required for ?ling grievances alleging violations of certain provisions of this Agreement, such as disciplinary suspensions under Article and summer school assignments under Article XX. For claims of a payroll or other salary error, the 4?5 19 day time limit runs from discovery of the alleged error, but any recovery payment cannot relate back more than three years prior to the grievance ?ling. The grievance must be presented in writing to the immediate administrator by completing the UTLA-District Grievance form. If a grievance does not relate to the immediate A administrator and the remedy requested is not within the authority of the immediate administrator, the grievant may initiate the grievance with the administrator who has such responsibility and authority. A meeting between the grievant and the immediate administrator shall take place within ?ve En (1Q) days from presentation of the grievance. The administrator shall reply in writing within ?ve (5) days following the meeting. The receipt of such reply will terminate Step One. Step Two: If the grievance is not resolved at Step One, the grievant may, within ?ve te_n {59 days after the termination of Step One, present the grievance to the apprOpriate Superintendent, Division Head or designee. Within ?ve (5) days ?om receipt of the grievance, a meeting shall take place to discuss the matter. The administrator shall reply in writing within ?ve (5) days following the meeting. The receipt of such reply will terminate Step Two. (Note: There are separate expedited time limits for handling grievances under Article Safety, Section 4.0) Selection of Arbitrator: Within seven days of receipt of the request for arbitration, UTLA and the Of?ce of Staff Relations shall meet to select an arbitrator to serVe as Chairperson of the arbitration panel. The arbitrator 'shall be jointly selected by UTLA and the District, or shall be selected from the following list by alternatively striking names until one remains. UTLA and the District may by mutual written agreement revise the list. 1. Richard Anthony 2. Irene Ayala 3. Bonnie Bogue 4. Themas?Ghr?istepher 5. Doug Collins 6. Walter Dougherty 7. Wayne Estes 8. Joseph Gentile 9. Isabel Gunning 10. Joe Henderson 1 1. Geer?ge?MarShal?l 12. Kenneth Perea 13. Michael Prihar 14. Terri Tucker 15. Barry Winno grad 16. Louis Zigman ATTACHMENT ARTICLE TEMPORARY REASSIGNMENTS PENDING INVESTIGATION 1.0 - 2.0 3.0 4.0 5.0 Consultation Meetings Regarding Temporary ReaLsignments. Pending Investigation and Resolution of Allegations of Misconduct: I The LAUSD Chief Human Resources Officer shall meet with the UTLA President or Executive Director at least once per month to report and discuss the status and duration of the investigations of reassigned employees. Basis for Temporgy Reassignment: Temporary Reassignments pending investigation are not to be regarded as an indication of culpability or a punitive action. If the allegations give rise to concerns about student, staff or workplace safety and security, a temporary reassignment may be made. If the alleged misconduct, even if true, would not give rise to such concerns, the employee under investigation is to remain assigned at the site during the investigation. Also, employees who have been made aware of the fact that they are under investigation are obligated to avoid any direct or indirect contact with potential witnesses or any other conduct affecting the integrity of the investigation, and may be reassigned due to failure to do so. Notice of Reasons for Temporary Reassignment Pending Investigation: In the event of a temporary reassignment to a different school (or to home), the employee shall Within three (3) work days be notified in writing of the reasons for the reassignment. Time Goals for Completion of Administrative Investigations: Student, staff, and workplace safety and security shall be the primary factor in determining the length of time for completion of investigations. The parties agree that administrative investigations of reassigned employees should be completed as quickly as practicable, with a goal of ninety (90) work days. The parties recognize that factors such as investigatiOns involving outside law enforcement agencies and/or the District Inspector General may impact the District?s goal of achieving completion of administrative investigations within ninety (90) work days. Notice of Completion of Investigation: Within 15 work days following the completion of the investigation, the District will determine next steps, and notify the employee of the results of the investigation and of any impacts upon their reassigned status. In the case of an employee who is to be retained in District employment, it shall also determine whether the employee is to be assigned to his or her previous location; if for any reason that previous assignment is not available or deemed inappropriate, the employee shall be assigned to a comparable position in the same education service area as the previous assignment. ATTACHMENT UTLA Negotiations 04/16/14 RIGHT TO REPRESENTATION Article X. Section 7.0 Inadequate Service by Substitutes: The site administrator may, for cause, issue to a day-to?day substitute employee a notice of inadequate service. Such a notice shall, absent compelling circumstances, be issued within ten working days after the date(s) of service, with a copy to the employee (either in person or by certified mail to the employee's address of record). Prior to issuance of such a notice, the site administrator shall make a reasonable effort to contact and confer with the substitute regarding the allegations, and of the substitute?s right to a meeting with representation. Upon employee request, a meeting will be held to discuss the matter. The employee may be accompanied by a UTLA representative or a person of the employee?s choice, as long as that person is not a representative of another employee organization. The timeliness of the employee?s request for a meeting, or the non?availability of the employee or representative shall not delay issuance of the inadequate Service Report beyond theten working days period set forth above. In addition to thegrievance procedure, the employee may attaCh a written response to the report within ten working days from date received. The written response becomes a permanent part of the record. ARTICLE XIV SALARIES Effective July 1, 2014, all UTLA represented employees shall receive a 4% on-schedule wage increase applied to all pay scale groups and levels of the base salary tables. Effective January 1, 2015, all UTLA represented employees shall receive 52% on?schedule wage increase applied to all pay scale groups and levels of the base salary tables. - . Effective July 1, 2015, all UTLA represented employees shall receive a 2% on?schedule Wage increase applied to all pay scale groups and levels of the base salary tables. Effective January 1, 2016, all UTLA represented employees shall receive a 2% on-schedule wage increase applied to all pay scale groups and levels of the base salary tables. ATTACHMENT ARTICLE - CLASS SIZE ENeteeSeveral of the class size restrictions in this Article have been temporarily affected by 1.1 1.2 I - - Anna II . the District's exercise of its rights under Section 1.5 General Provisions: The following general provisions and de?nitions apply to this Article: a. In interpreting and applying the class size restrictions of this Article, only "active" enrollment shall be considered. b. Where additional teaching positions are required by this Article, teachers will be assigned as soon as possible. If a delay is anticipated-in obtaining a regularly assigned teacher, the position shall be ?lled on a temporary basis. c. As used in this Article, the term "teacher" or "position" refers to a full time equivalent (FTE) classroom teacher or position. For purposes of compliance with this Article, teacher assignments are to be adjusted as of "norm date." As of that date the number of teachers to be assigned to a school shall be based upon the number of students listed in the teacher Allocation Tables and the staf?ng requirementsofthisArticle'nv??d 3" For purposes of compliance with this Article, teacher assignments are to be adjusted subsequent to norm date as follows: a. At a secondary school, increases in enrollment will be absorbed by existing staff b. At an elementary school, an increase in enrollment at the school which is suf?cient to create an additional position and which is sustained through two enrollment reporting periods, shall cause an additional teacher to be assigned. If the subsequent increase is suf?cient to create two awn? .. . a m?Ivu' 1.3 1.4 1.5 1.6 additional positions, one additional teacher shall be assigned after one enrollment report period, and the second shall be assigned if the requisite enrollment is sustained through the second enrollment reporting period. If the increase is suf?cient to create three positions, two will be assigned after one reporting period and the third will be assigned if the enrollment is sustained through the second reporting period. Teachers provided by the requirements of this Article may be assigned to non-register carrying positions to perform teaching functions such as individual or small group instruction or "team teaching," and also be counted in computing average class sizes for norrning purposes, in the following circumstances: a; From the start of a semester or term and through norm date: Where space is available for classroom use, priority shall be given to register-carrying teaching stations. Where space is not available for classroom use, teacher(s) may be assigned to perform non register carrying classroom teaching functions to work with students in classes or departments exceeding expected class size. b. After norm date: Without regard to space availability, in order to avoid the disruption of a school organization, teacher(s) may be assigned temporarily until next norm date) to perform non register carrying classroom teaching functions in classes or departments exceeding the expected class size. The class size restrictions of this Article are intended to establish minimum standards and not to preclude or affect any existing or future improvements in these standards which result in lower class sizes or the utilization of "off-nonn" or special program positions. It is recognized that the class size restrictions of this Article may not be achieved due to circumstances such as state funding changes'in the student integration or other programs, or statutory changes. Prior to implementing any variation from the class size restrictions of this Article. the District shall provide UTLA with a written notice of intent, including a written rationale and a summary of applicable facts. Upon request of either pm, the District and UTLA shall meet and discuss the intended variation from the class size restrictions prior to implementation. Neither the District?s budget develonment process and/or the issuance of lavoff notices shall be deemed ?implementation.? Alleged violations of any terms of this section are subiect to the g?wance procedures of Article V. - Class Size Arbitration Procedures: If a violation of this Article is established through the arbitration process, the arbitration panel shall have authority. where no other reasonable or ractical options are deemed appropriate, to require the assignment of additional teachers to be utilized consistent with Section 1.3 of this article, but shall not have authority to award any monetary relief. 2.0 Class Size Averages Maximums for: Grade Class Size Class Size Type of School Levels Averages Maximums PHBAO TK-3 24.00 27 (Predominantly Hispanic, Black, Asian, Other Non?Anglo) PHBAO 4-5 (6) 27.00 30 PHBAO Academic (6) 7-8 27.00 30 PHBAO Academic 9-10 27.00 30 PHBAO Non-Academic (6) 7-8 36.25 39 PHBAO Non-Academic 9-10 35.50 39 PHBAO Academic Non-Academic 11-12 35.50 39 Desegregated/Receiver TK-3 24.00 27 (Schools Governed by the Student Integration Program) Desegregated/Receiver 4-5 (6) 32.50 36. Desegregated/Receiver Academic (6) 7-8 32.50 36 Desegregated/Receiver Academic 9-10 32.50 36 Desegregated/Receiver Non-Academic (6) 7-8 36.25 39 Desegregated/Receiver Non-Academic a 9?1 0 35.50 39 Desegregated/Receiver Academic Non~Academic 11-12 35.50 39 - Grade Class Size Class Size Type of School Levels Averages Maximtims - PHBAO Magnet TK-3 24.00 27 ATTACHMENT PHBAO Magnet 4-5 (6) 27.00 30 PHBAO Magnet - (6) 7-8 27.00 30 PHBAO Magnet 9-12 27.00 30 All Other Magnet TK-3 24.00 27 All. Other Magnet 4-5 (6) 29.5 33 All Other Magnet (6) 7-8 29.5 33 All Other Magnet 9- 12 29.5 . 33 2.1 2.2 2.3 3.0 4.0 *In order to be considered a magnet class in a magnet center, a class must contain more than 75% magnet students. Academic classes are those in English Language Arts, Math, Social Studies, Science, and Foreign Language. Non-academic classes are all electives, excluding Physical Education . and activity classes such as Band and Drill Team. Schools not falling within the categories above shall maintain class size averages and class size maximums consistent with schools governed by the Student Integration Program (Desegregated/Receiver schools). Other Regular Program Class Size Averages Maximums: a. Elementary schools: Taken tOgether, all classes at a school in grades K-3 are to average 29% 24 students, and in grades 4-6 are to average 35.5 students. Iii-order Middle schools (including 6th grade middle school students): all classes at a school are to average 36.25 students. 0. Senior high schools (including grade 9 senior high School students): all classes at a school are to average "35.5 students. Distribution of Students Within Grade Levels, Departments and Classes: Grade Level . and Department Chairs (add SLC Lead Teachers if applicable) shall. as a minimum, have the right to consult with, and make recommendations to, the site administrator or designee with respect to allocation of the gradelevel or department budget fund; establishment of the grade level or department class offerings. assignment of grade level or department members to Speci?c classes. and balancing of grade level and department classes. Soon after the opening of school, each elementary grade level chairperson or secondary department chairperson shall call a meeting of the grade level/department for the purpose of attempting to reach consensus on recommendations to be made to the site administrator with respect to an equitable and educationally-sound distribution of students, including students who may enroll at a later date. Problem Solving Process: Class Size Averages Maximums 5.0 6.0 ATTACHMENT a. If the class size averages and/or maximums in this Article are exceeded bevond ?fteen (15) worlg davs after norm dav. upon request of an affected teacher(sl. the site administrator shall conduct a review of the circumstances causing the violation. b. The administrator shall then meet within ?ve (51 work days with the affected teacher(sl. grade level or department chair (add SLC lead teacher if applicable). and chapter chair to discuss the review, and provide a written explanation for the violation of class size averages and/or maximums and the efforts m_ade to balance classes in order to meet the averages and/or maximums. The parties will discuss Options for meeting the reguired averages and maximums without limiting student access to a full range of course options in a manner which does not disrupt the instructional program or exceed the school?s allocated resources. Such options may include a class size waiver for the school site in accordance with the waiver procedures described in LAUSD Policv Bulletin 6029.2 (Januarv 15. 2014!. d. If an agreement is not reached on a solution following a?c above, the affected teacher(s) or UTLA mav initiate a grievance in accordance with Article of this Agreement. The timeline for initiating a grievance shall start upon completion of - a-c above. Counseling Services: The District and UTLA share the goal of achieving a secondary school counseling services ratio of 500-1, calculated by the aggreg ate number of Dositions District?wide. regardless of tvne of secondarv school or funding source (centrally normed, LCFF, school determined, categorical funds, grants, etc. 1. This shall be regularlv reviewed bv the Superintendent and the Class Size Taslg Force. and shall remain an oven item for negotiations through the term of the Agreement. Earlv Education Centers: Pursuant to State requirements, the allocation of staff is to be determined by the number of child days of enrollment based upon attendance hours (Full Time Equivalent Concept). 7.0 Special Education: The District shall make a reasonable effort to maintain special education class size as indicated in Appendix A for the term of this Agreement. In schools'having two or more classes Of the same category, class sizes will be based on the average of those classes in the school rather than by individual classes. The Special i Education Division's class size reports shall be provided to the Class Size Force and made available for inspection by any employee or UTLA representative. When a special education class has exceeded the norm by two or more students, the teacher may notify the Special Education Coordinator. Within one calendar month of the noti?cation, if the condition persists, the District shall make a reasonable effort to remedy the situation, after consultation with the affected teacher, by means such as the following: a. the transfer of excess student(s) to another class or school site, or b. the opening of an additional class if suf?cient students are available, or c. the assignment of additional aide(s) to the class. Upon request, the District shall advise the teacher employee, in writing, as to the reason and anticipated duration of the excess student(s), and as to efforts being takenri?any; to remedy the situation mum?, aux-ear? u. ?vau- - 6? ATTACHMENT 8.0 JQ-I-NIP CLASS SIZE TASK FORCE A?Jeint Class Size Task Force, comprised of ?ve (5) LAUSD appointeesshall be established. UTLA appointees and ?abeve: The Task Force m: - -. . -: A Meetnolessthan once per month during District business hours. Employees appointed to the Task Force shall be released from their regular emplovee duties at no loss of salarv or Emma b. Receive a repo from 6 District showing K-lg class sizes. HHS ratios. Special education caseloads for all LAUSD K-12 swim c. -. - 55' the reports and identifv patterns deserving further attention and analvsisReview all approved waivers related to class size avmges and/or maximums. Explore options and strategies for reducing class sizes. HHS ratios. special education caseloads in the district. including but not limited to. identifving grade level and subiect area priorities for potential targeted reductions. ATTACHMENT ATTACHMENT Los Angeles Um?ed School OFFICE OF THE GENERAL COUNSEL . OFFICE OF LABOR RELATIONS DAVID HOLMQUIST 333 s. Beaudry Avenue, 14th Floor, Los Angeles, CA 90017 - Genera; comm; TELEPHONE (213) 241-8322; FACSIMILE (213) 241-8401 VIVIAN K. EKCHIAN Chief Labor Negotiator April 15, 2015 Alex Caputo-Pearl, President United Teachers Los Angeles 3303 Wilshire Boulevard, 10th Floor Los Angeles, CA, 90010 RE: PERSONAL NECESSITY LEAVE Dear Mr. Caputo-Pearl: This is to memorialize that the Los Angeles Uni?ed SchoOl District (District) and United Teachers Los Angeles (UTLA) have agreed to a modi?cation to the personal necessity language in Article XII of the Collective Bargaining Agreement as stated below: ?14.0 Personal Necessity Leaves or Absence (Paid): Subject to the limits set forth below, an employee shall be granted a paid personal necessity leave when the gravity of the situations described below require the personal attention of the employee during assigned heurs of service: a. Death of a close friend or relative not included in the de?nition of immediate family (as used in this section, the term "immediate family" shall be as de?ned in Section 9.0 of this Article b. Death of a member of the employee's immediate family, when time in-excess of that provided in Section 9.0 of this Article is required; c. Serious illness of a member of the employee's immediate family; d. Accident involving the employee's person or property or the person or property of a member of the employee's immediate family; e. Birth of a child of the employee, or adoption of a child by the employee (includes child of cohabitant who is the equivalent of a spouse); f. Religious holiday of the employee's faith; Imminent danger to the home of the employee occasioned by a disaster such as ?ood, ?re, or earthquake; ATTACHMENT Page 2 of 3 h. Other signi?cant event of a compelling nature to the employee, the gravity of which is 14.1 comparable to the above. which demands the personal attention of the employee during assigned hours and which the employee cannot reasonably be expected to disregard, limited to one Ll) occasion in any school year. An appearance of the employee in court as a litigant. Each day of necessary attendance as a litigant must be certi?ed by the clerk of the court. The employee must return to work in cases where it is not necessary to be absent the entire day; An appearance of the employee in court or governmental agency as a non-litigant witness under subpoena for which salary is not allowed under Article XII, 18.3: (1) Each day of necessary attendance as a witness must be certi?ed by an authorized of?cer of the court or other governmental jurisdiction; (2) In any case in which a witness fee is payable, such fee shall be collected by the employee and remitted to the Accounting and Disbursements Division; and (3) The employee must return to work in cases where it is not necessary to be absent - the entire day; Conference or? convention attendance pursuant to Section 19.0 of this Article; Attendance at the classroom of the employee's own child or ward and meeting with the school administrator because of suspension as required by Section 48900.1 of the Education Code; . Up to four hours of paid personal necessity leave and up to thirty six (36) additional hours of accrued vacation or unpaid leave not to exceed a total of (8) hours per calendar month-forty (40) hours per school year for attendance at the school of the employee's own child, ward, or grandchild for purposes of a school activities leave provided by Section 23 0.8 of the Labor Code. The employee must notify the immediate administrator at least ?ve working days prior to the absence. The administrator or designee and employee must agree on the date and time of the leave and the employee must provide written veri?cation from the school visited, upon request of the admmistrator or designee. The following limits and conditions are placed upon allowing a personal necessity absence: Except as in 1., above, and (1), below, The total number of days allowed in one school year for personal necessity absence shall not exceed six days per school year for a probationary, permanent or provisional contract employee, or subject to the restrictions speci?ed in Article XIX, three days per school year for a day-to-day substitute employee. (1) If personal necessity absence is taken to attend to the illness of the employee?s child, parent, or spouse, up to six additional days shall be allowed in any calendar year (to total 12 maximum days - see below) for probationary, pertnanent, or provisional contract employees. However, this provision does not extend the Sidelettemanicle xii personal necessity 4.15.docx ATTACH MENT Page 3 of 3 maximum period of leave to which an employee is entitled under Family Care and Medical Leave, regardless of whether or not the employee receives sick leave compensation during that leave. b. The days allowed shall be deducted from and may not exceed the number of days of accrued full-pay illness leave to which the employee is entitled. c. The personal necessity leave shall not be granted during a strike, demonstration or any work stoppage. d. The employee shall be required to verify the nature of such necessity. Such statement shall be ?led with the appropriate administrator no less than ?ve working days in advance of a religious holiday, court appearance or school visitation. The immediate administrator shall take whatever steps reasonably necessary to become satis?ed that a personal necessity within the limits of this section did exist.? Please sign below if UTLA is in agreement with this side-letter. Sincerely, . awn/cm Vivian Ekchian, Chief Labor Negotiator Of?ce of Labor Relations IT IS so AGREED: Ci UTLA Date Shun-2014401 5 sidelettersiarticle xii personal necessity 4. lidocx A1TACHMENT 4-10-15 MEMORANDUM OF UNDERSTANDING BETWEEN UNITED TEACHERS LOS ANGELES AND THE LOSANGELES UNIFIED SCHOOL DISTRICT The parties agree to the following terms relating to Educator Development, Support and Evaluation Matters: 1. Educator Development Support Committee: a. There shall be two Sub-Committees on Educator Development and Support. One shall be comprised of District and UTLA representatives, with up to ?ve persons representing each party; the other shall be comprised of District and AALA representatives, with up to ?ve personsrepresenting each party. The same District representatives shall serve on each such committee. Such representatives are to be appointed by, and serve at the discretion of, their appointing bargaining team. In addition, the District and UTLA shall each appoint a parent representative to serve on each subcommittee. The two Sub-Committees generally. shall meet jointly, re?ecting the mutual interests they share in the subjects related to Educator Development and Support, although any party may also, if desired, request separate meetings to focus on issues that may be considered special or limited to one of the bargaining units. The Committee representatives shall work together to review current practices and potential improvements including gathering feedback from employees and administrators from school sites, and shall endeavor to reach common understandings, approaches and potential solutions to take back to their respective bargaining teanis. The subject matters for the committees shall include, but not be limited to, the LAUSD certi?cated performance evaluation program and practices, PAR, NBC support, the Mentor Program, and the Beginning Teacher support programs. The subject matters may include matters of consultation or permissive bargaining, as well as mandatory subjects of bargaining, and nothing herein Shall constitute a waiver of any party?s current contractual rights, nor change the status quo underlying the bargaining process. The joint meetings shall be, conducted as frequently as "practical, with the objective of developing improvements to the certi?cated evaluation system for all certi?cated bargaining unit positions. The committees shall make program recommendations, including evaluation procedures, to be submitted to their respective bargaining teams by October 2, 2015. Their recommendations shall be strictly advisory; they will not have the authOrity to engage in bargaining. ATTACHMENT d. When the Committee meetings are scheduled during regular work hours, committee members who are employed by the District shall be released from their regular duties without loss of compensation. 2. 2015-16 Negotiations: a. Negotiations relating to EERA?mandated aspects of evaluations, and also consultations relating to matters of consultation or permissive aspects of evaluations arising out of or related to the respective recommendations of the entities which participated on the Educator Development Support Committee and its sub-committees as proVided above, shall commence no later than November 6, 2015, and a good faith effort shall be made to reach agreement on a new educator development and support program by February 26, 2016, subject to rati?cation by the parties for implementation during the 2016-2017 school year. Pending any agreements to amend current contracts, Article (as previously amended), together with other applicable terms of the Agreement and the terms of this MOU (including the interim meaSures listed below), shall remain in effect pursuant to their terms. 3. Interim Measuggs f9: 2915-16: For the 201516 school year, the following changes shall be made to the 2014-15 Teacher Growth and Development Cycle Protocols: a. The Formal Observation(s) Cycle, and the Informal Growth Plan visits, will be limited to one (1), unless any additional Formal Observation Cycles and/or Growth Plan visits are voluntarily and mutually agreed to by the employee and the evaluator. This limitation applies only to the orrnal Evaluation Cycle and the Informal Growth Plan visits. Provisional and probationary employees, and their evaluators, are encouraged to pursue additional observations, guidance, mentoring and assistance to encourage development and opportunities as needed. The ?Re?ection? elements of the evaluation cycle (lesson, mid?year and year- end re?ections) are intended to provide participation opportunities for . employees being evaluated, but are to be considered voluntary and optional for the employee. The overall Final Evaluation ratings shall be ?Exceeds Standards,? ?Meets Standards? "and ?Below Standard.? - The ratings of Observation factors shall be ?Effective,? ?Developing? and ?Ineffective.? ATTACHMENT . I If. an employee receives an Overall ?Below Standard? ?nal evaluation, the evaluation shall be subject to the grievance procedures of Article V. . If the overall evaluation of an employee is ?Meets Standards? or ?Exceeds Standards? but there is a signi?cant disparity between that rating and negative comments on the form which would normally "be expected to have produced an overall ?Below Standard? evaluation, the evaluation shall be subject to the grievance procedure on the same basis as it would have been had the Overall rating been ?Below Standard.? . The ?nal overall evaluation rating of ?Meets Standards? shall not be treated as the equivalent of ?Below Standard? for the purposes of accountability as described in Article X, Section 12.0 and/or Article Section 2.0. Additionally,? an overall rating of ?Meets Standard? shall not be used as grounds for discipline or as grounds to disadvantage the recipient due to ?skipping? criteria in a reduction in force. The employee?s immediate administrator shall be responsible for evaluating the employee and assisting the employee in improving performance when necessary. The administrator may delegate these functions, but shall retain ultimate responsibility. . . (See Art. X, Section 2.0179/ ATTACHMENT 2015-2016 MEMORANDUM OF UNDERSTANDING BETWEEN UNITED TEACHERS LOS ANGELES AND LOS ANGELES UNIFIED SCHOOL DISTRICT In accordance with Article Section 1.5 of the UTLA-LAUSD Agreement, the parties have I met and consulted regarding the current variance from the class size restrictions in the Agreement relating to the 2015-2016 school year. The parties agree to the following terms for the 2015-2016 school year: 1. Class Size The following class size averages shall be maintained by each school site: 2015-16 Average Grade Class - 2015-16 Type of School Levels Size Maximums PHBAO TIC-3 24.00 27 PHBAO 4-5(6) 30.50 34 PHBAO Academic - (6) 7:8 34.00 37 PHBAO Academic 9-10 34.00 - - 37 PHBAO Non-Academic (6) 7-8 42.50 46 PHBAO Non-Academic 9-10 42.50 46 PHBAO Academic Non-Academic 11-12 42.50 46 Dcsegregated Receiver TK-3 24.00 27 Desegregated Receiver 4-5 (6) 36.00 39 Desegregated Receiver Academic (6) 7-8 39.50 43 Dcsegregated Receiver Academic 9-10 39.50 43 Desegregated Receiver Non-Academic (6) 7-8 42.50 46 Desegregated Receiver Non-Academic 9-10 42.50 46 Desegregated Receiver Academic Non- 11-12 42.50 46 Academic - Additional non-norm resources have been allocated to reduce 8th and 9th grade English Language Arts and Mathematics classes by 2 students. The problem solving process described in Article Section 4.0 Of the UTLA-LAUSD Agreement shall be applicable for any violation of the above averages and maximums. 2. For the 2015-2016 academic year, the DistriCt and UTLA share the goal of achieving a secondary school counseling services ratio of 500-1. Progress toward this goal shall be measured by considering the aggregate of positions District-wide, regardless of type of secondary school or ?mding source (centrally normed, LCFF, school determined, categorical funds, grants, etc.). Progress toward that goal shall be reviewed by the Superintendent and the Class Size Task Force. . 3. For the 2015-2016 academic year, $13 million in additional non-normed resources shall be allocated to increase secondary school counseling services. ATTACHMENT 4. _As_signment of Displaced Teachers for 2015-16 The District shall make a reasonable effort to accommodate employee assignment requests, with a primary objective of placement in the same education service center as their previous assignment or a geographically contiguous education service center. In order to facilitate the placement of Displaced Teachers into regular school openings, the. District shall proceed as follows: a. Effective immediately, the District shall post lists of current and. anticipated vacancies, and lists of currently displaced teachers. Both lists shall be sorted by geographic area and credential authorization(s). b. Teachers and schools may contact one another regarding interviews and selection for placement by mutual consent. 0. In anticipation of an eventual mandatory placement, teachers may infOrm Human Resources of their preferences for assignment by area and/or school. d. During the week of June 8-12, 2015, Human Resources shall coordinate mandatory assignment of remaining displaced teachers to appropriate remaining vacancies. During this period, teachers may decline one (1) Such assignment, provided that an appropriate alternative opening exists. - e. Between July 1 and August 3, the mutual consent process described in a-b above shall be repeated. - f. During the period of August 3 14, 2015, the mandatory placement process described in paragraphs c-d shall be repeated. g. During the post?norm period of the 2015-2016 school year, Human Resources shall coordinate mandatory assignment of remaining displaced teachers to appropriate remaining vacancies. Teachers may decline one (1) such assignment for strictly geographical reasons, provided that an appropriate alternative opening exists at that time. h. Violations of the above assignment procedures shall be subject to Article grievance procedures. . The District shall create a student health services task force including ?ve (5) representatives each from UTLA and LAUSD. The task force shall also include one (1) parent appointee and one (1) community group appointee ?om each UTLA and LAUSD. The task force shall elect a chair ?om the appointed members and shall begin meeting no later than September 1, 2015. The task force shall explore and identify options for increasing and improving health services provided to LAUSD students at school sites. . The grievance procedures in Article of the UT LA-ILAUSD Agreement shall be applicable of any violation of assignment procedures in section 4.0 above. Ir- 5 4% 514/16, Date LAUSD Date