1. Bereavement Leave

10.3.1 Personal Necessity Leave – Reasons 

The unit member may, at his/her election, take personal necessity leave for any of the  following reasons: 

10.3.1.1 Death of a member of his/her immediate family. Personal necessity leave for this purpose shall be in addition to bereavement leave to which the unit member is entitled. "Immediate family" as herein used means the husband,  wife, son, daughter, father, mother, brother, sister, grandmother, grandfather,  father-in-law, mother-in-law, son-in-law, daughter-in-law, grandchild, or any relative living in the immediate household of the unit member, or any other person to whom the unit member is legally responsible. 

10.3.1.2 Serious illness to a member of the immediate family. 

10.3.1.3 Accident, involving his/her person or property, or other person or property of a  member of his/her immediate family.

2. Sick Leave

10.1 Sick Leave 

Every unit member shall be entitled to ten (10) days of paid sick leave for each school year of employment. Sick leave may be borrowed against, but not earned until the completion of the full year of service. Teachers taking sick leave shall not be required to arrange for their own substitute. All personnel absent from duty due to illness may be required to present a  physician's certificate after an absence of more than five (5) consecutive days to qualify for pay  for the period absent.

3. Catastrophic Leave

10.9 Catastrophic Leave Bank 

10.9.1 Creation 

10.9.1.1 The Association and the District agree to create the Associated Calexico  Teachers Catastrophic Leave Bank effective July 1, 1992. The Catastrophic  Leave Bank shall be funded in accordance with the terms listed below. 

10.9.1.2 Days in the Catastrophic Leave Bank shall carry over from year to year. 

10.9.1.3 Days shall be contributed to the Bank and withdrawn from the Bank without regard to the daily rate of pay of the Catastrophic Leave Bank participant. 

10.9.1.4 The Associated Calexico Teachers Catastrophic Leave Bank shall be administered by the Calexico Unified School District as outlined by in Article  10.9 of the union contract. 

10.9.2 Eligibility and Contributions 

10.9.2.1 All unit members on active duty with the District are eligible to contribute to  the Associated Calexico Teachers Catastrophic Leave Bank. 

10.9.2.2 Participation is voluntary, but requires contribution to the Bank. Only contributors will be permitted to withdraw from the Bank. 

10.9.2.3 Unit members who elect not to join the Catastrophic Leave Bank upon first becoming eligible may not participate until the following year. 

10.9.2.4 The contribution, on the appropriate form, will be authorized by the unit member and continued from year to year until cancelled by the unit member. 

10.9.2.5 Cancellation occurs automatically whenever a unit member fails to make his/her annual contribution or assessment. Cancellation on the proper form,  may be effected at any time and the unit member shall not be eligible to draw from the Bank as of the effective date of cancellation. Sick leave previously authorized for contribution to the bank shall not be returned if the unit member effects cancellation.

10.9.2.6 Contributions shall be made between July 1 and October 1 of each school year.  Unit members returning from extended leave which included the enrollment  period and new hires will be permitted to contribute within 30 calendar days of beginning work. The District shall supply enrollment forms for the  Catastrophic Leave Bank to all new unit members and those unit members returning from leave. 

10.9.2.7 The annual rate of contribution by each participating unit member for each school year shall be one (1) day of sick leave which shall be deemed to equate to the legal minimum required by Education Code 44043.5. 

10.9.2.7.1 The maximum number of days that the bank shall pay out shall be fifty (50) days for the 1992-93 school year.  

10.9.2.7.2 Each ensuing school year, the District shall add fifty (50) payout  days to the remaining payout day’s balance. Maximum accumulation shall be 250 days. 

10.9.2.7.3 If the number of days in the bank at the beginning of a school year exceeds the allowable payout days, no contribution shall be required of participating unit members. If the number of days in  the bank at the beginning of a school year falls below the allowable payout days, each participant will be required to contribute an additional day to the bank. Those unit members joining the Catastrophic Leave Bank for the first time and those returning from Leave wishing to participate shall be required to contribute one day to the Bank. 

If a Catastrophic Leave Bank participant has no remaining sick leave at the time of the assessment, he/she need not contribute the  additional day to remain a participant in the Catastrophic Leave Bank. 

10.9.2.8 Unit members who are retiring or leaving the employ of the District may contribute their unused sick leave to the Catastrophic Leave Bank. 

10.9.3 Withdrawal from the Bank 

10.9.3.1 Catastrophic Leave Bank participants, whose sick leave is exhausted, may withdraw from the Bank for catastrophic illness or injury. Catastrophic illness or injury shall be defined as any illness or injury that incapacitates the unit member for over ten (10) consecutive duty days or incapacitates a member of the unit member’s family for over ten (10) consecutive days which requires the unit member to take time off from work to care for that family member. If a  reoccurrence or a second illness or injury incapacitates a unit member or member of the unit member’s family within 12 months, it shall be deemed catastrophic after five (5) consecutive duty days. Thus, a participant who used the Bank, after exhaustion of sick leave, for twenty-five (25) days to care for his wife who dies of cancer, and, after returning to work, suffers a heart attack,  shall be deemed to have a second catastrophic illness and may again withdraw from the bank after only five (5) consecutive duty days off work.

10.9.3.2 Long-term therapy (e.g. chemotherapy, dialysis, physical therapy) shall be treated as a catastrophic illness or injury even though it is not in increments of over 10 consecutive days. All other eligibility requirements will remain in effect. The participant will be eligible for withdrawal on a day-to-day basis. 

10.9.3.3 Participants must use all leave as defined in Education Code 44977–78 and  44983, available to them before eligible for a withdrawal from the bank and 80  days of differential pay leave pursuant to Education Code in order to access catastrophic leave.  

10.9.3.4 If a participant is incapacitated, applications may be submitted to the District  by the participant’s agent or member of the participant’s family. 

10.9.3.5 Withdrawals from the Catastrophic Leave Bank shall be granted in units of no more than fifteen (15) duty days. Participants may submit requests for extensions of withdrawals as their prior grants expire. A participant’s withdrawal from the bank may not exceed the statutory maximum period of twelve consecutive months. 

10.9.3.6 Participants applying to withdraw or extend their withdrawal from the  Catastrophic Leave Bank will be required to submit a doctor’s statement indicating the nature of the illness or injury and the probable length of absence from work. The District shall keep information regarding the nature of the illness confidential. A participant’s withdrawal may not exceed the statutory maximum period of twelve (12) consecutive months. 

10.9.3.7 If a participant has drawn fifteen (15) Catastrophic Leave Bank days and requests an extension, the District may require a medical review by a physician of the district’s choice at the participant’s expense. The District shall choose only a physician who qualifies under the District offered insurance policy.  Refusal to submit to the medical review will terminate the participant’s continued withdrawal from the Bank. The District may deny an extension of withdrawal from the Catastrophic Leave Bank based upon the medical report.  The participant may appeal any termination under the procedures outlined in  Section 10.9.3.11 below. 

10.9.3.8 Leave from the Bank may not be used for illness or disability which qualify the participant for Worker’s Compensation benefits unless the participant has exhausted all Worker’s Compensation leave, his/her own sick leave, and provided further that the member signs over any Worker’s Compensation checks for temporary benefits to the District. If there are any Worker’s  Compensation checks signed over to the Board, the Bank will not be charged days, or if charged, will be reimbursed the number of days for which the Worker’s Compensation payment is equivalent to a regular day of pay at the negotiated rate for that participant. If the District challenges the Worker’s  Compensation claim, the participant may draw from the Bank, but upon settlement of the claim, the Bank shall be reimbursed the days by the District. 

10.9.3.9 When the District may reasonably presume that the applicant for a draw may be eligible for a Disability Award or a Retirement under STRS or, if applicable,  Social Security, the District may request that the draw applicant apply for disability or retirement. Failure of the draw applicant to submit a complete application, including medical information provided by the applicant’s physician, within twenty (20) calendar days will disqualify for further  Catastrophic Leave Bank payments. Any requests for additional medical information from STRS or Social Security shall be submitted within ten (10)  days or the participant’s entitlement to Catastrophic Leave Bank payments will cease. If denied benefits by STRS or Social Security, the applicant must appeal or entitlement to the Catastrophic Leave Bank shall cease. 

10.9.3.10 If the Catastrophic Leave Bank does not have sufficient days to fund a  withdrawal request, the District is under no obligation to provide days, and the District is under no obligation to pay the participant any funds whatsoever. If the District denies a request for withdrawal, or an extension of withdrawal, because of insufficient days to fund the request, they shall notify the participant, in writing, of the reason for denial. 

10.9.3.11 Catastrophic Leave Bank participants who are denied a withdrawal or whose withdrawal is not renewed or terminated, may, within thirty (30) days of denial, grieve the denial, non-renewal or termination. The participant shall be deemed the grievant. If the participant’s incapacitation does not allow participation in this appeal process, the participant’s agent or member of the family may process the grievance. 

10.9.4 Administration of the Bank 

10.9.4.1 The Calexico Unified School District shall have the responsibility of maintaining the records of the Catastrophic Leave Bank, receiving withdrawal requests, verifying the validity of requests, approving or denying the requests,  and communicating its decisions, in writing, to the participants and President of the Associated Calexico Teachers. 

10.9.4.2 The District’s authorized agent shall approve all properly submitted requests complying with the terms of this Article. Withdrawals may not be denied on the basis of the type of illness or disability, as otherwise outlined in this  Contract. 

10.9.4.3 Applications shall be reviewed and decisions of the District reported to the applicant, in writing, within ten (10) duty days of receipt of the application. 

10.9.4.4 The District shall keep all records confidential and shall not disclose the nature of the illness except as is necessary to process the requests for withdrawal and defend against any appeals of denials. 

10.9.4.5 By the 5th day of October of each school year, the District shall notify the  Associated Calexico Teachers of the following: 

10.9.4.5.1 The total number of accumulated days in the Bank on June 30th of the previous school year. 

10.9.4.5.2 The number of days contributed by unit members for the current year.
10.9.4.5.3 The names of participating unit members. 

10.9.4.5.4 The total number of days available in the Bank. 

10.9.4.5.5 The total number of payout days available in the Bank. 

10.9.4.6 By the 10th day of each calendar month, the District shall notify the Associated  Calexico Teachers of the following: 

10.9.4.6.1 The names of any additional unit member who have joined in accordance with Section 10.9.2. 

10.9.4.6.2 The names of any unit members who have canceled participation in accordance with Section 10.9.2. 

10.9.4.6.3 The total number of days in the bank at the beginning of the previous month. 

10.9.4.6.4 The total number of days awarded during the previous month and to  whom they were awarded. 

10.9.4.6.5 The total number of days remaining in the Bank on the last day of the month. 

10.9.4.6.6 Total number of days added by new members. 

10.9.4.7 Any dispute between the Associated Calexico Teachers and the District as to the accounting of the Catastrophic Leave Bank days shall be settled through the normal grievance procedures beginning at Level II, as outlined in the union contract. 

10.9.4.8 If the Catastrophic Leave Bank is terminated for any reason, the days remaining in the Catastrophic Leave Bank shall be returned to the then current members of the Bank proportionately.

4. Jury Duty

10. 4 Temporary Leaves of Absence 

A unit member shall be entitled to the following types of temporary leaves of absence without any loss of pay each school year or without any loss of acccumulated sick leave.  

10.4.1 Such time as is necessary for appearance in any legal proceedings connected with the unit member’s employment or with the school system, other than criminal action against the unit member.

10.4.2 Such time as is necessary to perform jury duty. Pay for jury duty will be reimbursed to the District.  

5. Evaluation Process

9.2 Evaluation Process 

The evaluation process shall include the following activities: 

9.2.1 Classroom Observation 

Formal classroom observations shall last at least 20 minutes and shall be made known to  the unit member at least one day prior to their occurrence (Appendix "B" shall be used).  Any formal observation shall be followed by an evaluation conference within five days of the observation unless extended by agreement between the evaluator and unit member. Any unit member who receives a negative evaluation shall be entitled to additional classroom observations, evaluation conferences and written evaluations upon request. Such entitlement includes a pre-observation conference. Nothing in this  section shall preclude the administration from conducting informal visitations of the  classroom. 

9.2.2 Assistance in Recommendations 

In the case of negative evaluation(s), the evaluator shall take steps to assist the unit member in correcting any noted deficiencies. The evaluator's role to assist the unit  member may include but not be limited, to the following: 

9.2.2.1 Specific recommendations for improvement. 

9.2.2.2 Direct assistance to implement such recommendations. 

9.2.2.3 Provisions of additional resources to be utilized to assist with improvement. 9.2.2.4 Techniques to measure improvement. 

9.2.2.5 Time schedule to monitor progress.  

9.2.3 Final Evaluation 

9.2.3.1 In preparing the final evaluation form (Appendix "A") for placement in the  unit member’s file, the evaluator shall rely primarily upon information  gathered through observations of the unit member in the performance of  contracted professional duties and activities and during evaluation conferences. 

9.2.3.2 Except as provided herein, a final evaluation must be signed by the unit member and evaluator no later than May 1. In the event a unit member’s  absence from duties prevents the scheduling of a conference and/or the  evaluation being signed by May 1, then the timeline shall be extended until the  unit member returns and the evaluation conference is held. A decision by the unit member not to sign a completed evaluation form on or before May 1, will not act to invalidate the evaluation. 

9.2.3.3 At the time of the final evaluation conference, the evaluatee may submit, in  triplicate, a list of adjunct activities in which he/she has participated. 

9.2.4 Evaluation Review 

9.2.4.1 The District may evaluate a permanent unit member whenever the performance of the unit member is considered less than satisfactory in any year when the unit member was not scheduled for a formal evaluation. 

9.2.4.2 Any unit member who has received a rating of Needs Assistance or  Unsatisfactory shall be evaluated each year thereafter until the unit member's  performance is rated Satisfactory or the District has initiated dismissal  procedures. By June 15 of the same year, such unit member may for the  ensuing school year choose to have a second administrator conduct an  additional formal observation which will be attached to his/her evaluation.

9.2.4.3 One year after the evaluation, the unit member may request a review of his/her  evaluation by the immediate supervisor for the purpose of noting correction of  deficiencies. 

9.3 Evaluation Criteria 

9.3.1 The unit member may be evaluated in the following areas: 

9.3.1.1 Student progress. 

9.3.1.2 Instructional techniques and strategies. 

9.3.1.3 Adherence to goals/objectives including District curriculum and standards;  school site plans; and amendments. 

9.3.1.4 Learning environment. 

9.3.1.5 Adherence to District policies, procedures and directives. 

9.3.1.6 Cooperation with other members of staff. 

9.3.1.7 Any other area recognized by the Education Code as currently enacted or  amended. 

9.3.2 The evaluation of a unit member shall not include or be based upon the following: 9.3.2.1 Standardized achievement test results. 

9.3.2.2 Results of any tests utilized for the purpose of School Improvement Plan. 

9.3.2.3 Achievement of objectives stated in the Individual Educational Programs  (IEP's) of Special Education Students. 

9.3.2.4 Utilization of any "Clinical Supervision Techniques" unless it can be shown that the unit member has been trained and/or inserviced in the use of such techniques. 

9.3.2.5 The success, or lack thereof, of an instructional or clerical aide in the  performance of tasks assigned by the unit member.

6. Maternity Leave

10.5 Maternity Leave 

Leaves of absence shall be provided for any unit member required to be absent because of pregnancy, miscarriage, childbirth, and recovery therefrom. 

10.5.1 The length of the leave of absence, including commencement date and the date on which the unit member shall return, shall be determined by the unit member and the unit member's physician. 

10.5.2 Unit members shall have the right to utilize sick leave and, additionally, the benefit approved by Education Code Section 44977 for absences necessitated by pregnancy,  childbirth, miscarriage, and recovery therefrom, as follows. 

10.5.2.1 Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such by the District. 

10.5.3 A letter requesting such leave of absence shall be filed with the Superintendent's office at least four (4) calendar months prior to such expected birth date. 

10.5.4 An employee shall provide the District at least 30 days advance notice of the need for leave if the need is foreseeable. If such notice is not practicable because the reason for the leave does not allow for advance notice, then the notice must be given as soon as possible. If notice is not provided as required, the District has the discretion to deny the leave until 30 days after the employee provides notice.

7. Reimbursement for Personal Property

13.9 Reimbursement for Personal Property 

13.9.1 The District shall reimburse unit members for personal property, including property used for classroom instruction, which is lost, damaged, or stolen within the scope of employment and without negligence on the part of the unit member. Reimbursement shall be offset by any payments made under a unit member's own insurance policy.  Reimbursement for claims of less than ten dollars ($10.00) will not be considered, and claims shall not exceed four hundred dollars ($400). Materials used for classroom instruction under this provision must have the prior approval of the principal or site administrator.  

13.9.2 The District will bear up to four hundred dollars ($400) of cost, not covered by insurance, of replacing or repairing property of an employee such as eyeglasses, hearing aids, dentures, watches, or articles of clothing necessarily worn or carried by the employee, when such items are damaged in the line of duty under Article 13.1. Receipts shall accompany requests for reimbursement(s). 

8. Calendar for Evaluations

• On or Before October 15th -Identify evaluator at a staff meeting. Formal Observation requires a one-day notification and evaluation conference within five (5) days thereafter. 

• March 1st - The evaluator will complete the district Observation  Form and a conference based on at least one classroom visitation for each permanent evaluatee at least every other year. 

• March 15th - Superintendent forwards to the employee and the governing board notices of intent to not reemploy. 

• May 1st - Completion of summary evaluation report and conference.

  • Five working days later-By this date, any written responses to evaluation must be attached to all copies of appropriate documents. 

  • Prior to the close of school, an additional conference between evaluator and evaluatee must be held if the evaluatee requests it.