(For the period of July 1, 2006 to June 30, 2011)

12.1 Frequency of Evaluation

Prior to the start of the school year, the District will establish and provide to FCEA, a calendar listing the specific dates that correspond with this language.

12.1.1 Probationary and Temporary Unit Members

Each probationary and/or temporary unit member shall be evaluated on a continuing basis. A formal evaluation, based on the California Standards for the Teaching Profession (CSTP) shall be completed each school year.  These unit members will receive evaluations on or before the end of the second week of December and on or before the end of the last week of April.

12.1.2 Permanent Unit Members

Each permanent unit member shall be evaluated on a continuing basis.  A formal evaluation, based on the California Standards for the Teaching Profession (CSTP) shall be completed at least every other year.  These unit members will receive evaluations on or before the end of the last week of April.

12.1.2.1 Permanent unit members given a rating of “Practice Not Consistent with Minimum Standards: Unsatisfactory” in any category on the Summary Evaluation Form, shall be formally evaluated the next school year on the standard(s) rated as unsatisfactory. The following year the employee will resume the evaluation cycle with a regular evaluation.

12.1.2.2 Members receiving a rating of “Practice Not Consistent with Minimum Standards: Unsatisfactory” in two (2) out of the first four (4) CSTP’s shall be rated “Unsatisfactory” overall and referred to the PAR Program.  In order for the standard to be unsatisfactory overall, a majority of the elements must be marked “Practice Not Consistent with Minimum Standards”.  This rating shall be determined by the Certificated Evaluation Rubric (see attached).

12.1.2.3 If a permanent unit member is given a rating of “Practice Not Consistent with Minimum Standards: Unsatisfactory” in any one (1) of the first four (4) CSTP’s, he/she may be referred to the PAR Program.

12.1.2.4 If a permanent unit member was regularly rated “Consistent with Professional Standards” in the past, using the prior evaluation documents, but now receives “Practice not Consistent with Professional Standards” using the new documents, the evaluator will be asked to provide, in written form, how that member’s teaching performance has changed dramatically since the last evaluation cycle. This will be done before the teacher would be referred to the PAR Program.

12.1.2.5 Five Year Evaluation Cycle (*This piece of language has no sunset date) A bargaining unit member and his/her evaluator may mutually agree to a five-year evaluation cycle if the following conditions are met.  The bargaining unit member:

  • has permanent status;
  • has been employed by the school District for at least 10 years or an employee with the District for 8 years with a minimum of 12 years credentialed teaching experience;
  • meets the federal definition of highly qualified (if those employees occupy positions that are required to be filled by a highly qualified professional by the federal No Child Left Behind Act of 2001 [20 U.S.C. Sec. 6301, et seq.], as defined in 20 U.S.C. Sec. 7801) and meets all state credentialing and certification requirements; and
  • has met or exceeded standards in the previous evaluation or has successfully completed an alternative evaluation project. The unit member or administrator may opt out of this evaluation option at any time.
  • This five-year cycle will be evaluated for effectiveness by the District and the Association at the conclusion of the 2007-2008 school year.

12.2 Areas of Evaluation

12.2.1 The District shall evaluate and assess certificated unit members teaching performance as it relates to California Standards for the Teaching Profession (CSTP). These standards are:

Standard 1: Engaging and supporting all students in learning.

Standard 2: Creating and maintaining effective environments for student learning.

Standard 3: Understanding and organizing subject matter for student learning.

Standard 4: Planning instruction and designing learning experiences for all students.

Standard 5: Assessing student learning.

Standard 6: Developing as a professional educator.

12.2.2 Non-instructional unit members (nurses, counselors, speech therapists, psychologists, lead teachers, program specialists, and non self-contained classroom special education teachers) shall be evaluated on the fulfillment of duties as defined in their job descriptions.  Upon request, unit members will be provided a copy of their job description.

12.3 Use of Publisher’s Norms

The evaluation and assessment of unit member’s performance pursuant to this Article shall not include the use of publishers norms established by standardized tests.

12.4 Notice to Unit Members

No later than the end of the second week of September, the District shall give unit members being evaluated a copy of the evaluation procedures, the evaluation forms, the criteria upon which the evaluation is to be based (CSTP’s), and the identity of their evaluator. In addition, the District shall give each temporary and probationary unit member the name of an experienced person (CT, BTSA Support Provider, or peer teacher) who will provide him or her assistance.

12.5 Conference and Evaluation Plan

12.5.1 No later than the end of the sixth week of school, the evaluator and the staff member being formally evaluated will meet to review the CSTP’s and site-specific goals for the year, and the process for evaluation. The discussion will center on improving student performance.  

12.5.2 Evidence gathered outside of classroom observations may include any of the following as documentation of progress toward meeting the CSTP’s stated above: video tapes, curriculum units, teacher journals, logs and calendars, interviews, lesson plans, communications with parents/students, examples of student work, records of participation in school improvement efforts, and reports on professional growth activities.

12.5.3 In this conference, arrangements can be made for the first formal classroom observation. Pre-observation conferences, post-observation conferences and the final summary evaluation shall be scheduled appropriately.   

12.6 Classroom Observations and Post-Observation Conferences

12.6.1 Each evaluation plan shall include a minimum of two (2) formal classroom observations, and shall be a minimum of thirty (30) minutes each.  Prior to the first observation, the evaluator shall give the unit member at least two (2) days prior notice. Within five (5) days after each formal classroom observation, the evaluator will hold a post-observation conference.  In addition to formal classroom observations, two documented informal observations of the unit member in the classroom shall take place for each summary evaluation year. With agreement of both unit member and the evaluator, the number of formal observations may be reduced from two (2) to one (1) and the number of informal observations may be reduced from two (2) to one (1).  

12.6.2 For temporary and probationary unit members, the first formal classroom observation shall be conducted no later than the end of the third week of October, and the second will be conducted by the end of the first week of December.  The third formal observation shall be conducted by the end of the first week in February, and the fourth by the end of the first week of April.

12.6.3 For permanent unit members, the first formal observation shall be conducted by the end of the first week of December, and the second observation by the end of the second week of April.

12.7 Formal Evaluation Summary

12.7.1 All final evaluation conferences for permanent, temporary, and probationary unit members shall be completed by the end of the last week in April.  The evaluator shall provide a copy to the unit member thirty (30) days prior to the end of the school year. All copies must be signed by the evaluator and the evaluatee.

12.7.1.1 The signing of the evaluation form by the evaluatee does not indicate concurrence.  It does indicate that the evaluatee has seen the evaluation and that it has been discussed. The evaluation instrument provides a space for the response of the evaluatee to the assessment.  Additional comments may be made on the form itself or on a separate sheet and submitted to the evaluator within ten (10) workdays.

12.7.2 When it becomes apparent the evaluatee will receive an overall “Practice Not Consistent With Minimum Standards: Unsatisfactory” on the Summary Evaluation Form, the evaluator shall hold a conference to notify the evaluatee at least four (4) weeks prior to the issuance of the Summary Evaluation Report.

12.7.3 The evaluatee shall have the right to initiate a written response to the evaluation within ten (10) working days of the Summary Evaluation Report and the evaluator shall schedule a second conference to discuss the concerns.  The evaluatee’s response shall become a permanent attachment to the evaluatee’s personnel file.

12.7.4 If the employee feels the evaluation is unjustified, he/she may, within ten (10) workdays of the second evaluation conference, elect to request the Superintendent or designee to review his/her performance evaluation record.  In such event the employee shall present to the evaluator, in writing, his/her objections to the evaluation record and submit a copy to the Superintendent or designee. At the employee’s request, a copy of these objections shall be attached to the evaluation and become a part of the evaluation record.  Also, a review by the Superintendent or designee of the procedures utilized and the results of a classroom visitation, if possible, will be put in writing and attached to the evaluation.

12.7.5 The findings, recommendations, and/or decisions of the Superintendent or designee shall be final regarding the evaluation itself unless it can be determined that the evaluation procedure contained herein has not been properly followed.

12.7.6 Procedural Appeals: A grievance may be filed according to Article 6 (Grievance Procedure) should an employee contend that the evaluator has failed to follow the procedure for evaluation as contained herein.  The disputed evaluation shall be destroyed in the event that is determined through the grievance procedure that the evaluator did not follow the evaluation procedures provided in this Agreement.

12.8 Alternative Evaluation

The District and FCEA share the belief that offering alternatives to the traditional evaluation system will improve instructional practices by promoting the professional growth of experienced teachers.

12.8.1 Participants

12.8.1.1 All permanent certificated employees who have received a satisfactory rating on their last three (3) formal evaluations with FCUSD will qualify for an alternative evaluation.

12.8.1.2 The alternative evaluation option, when mutually agreed upon, shall take the place of the traditional evaluation methods as outlined in this Article.  

12.8.2 Goal Setting

12.8.2.1 The certificated employee will develop goals based on the CSTP’s as the foundation for the alternative evaluation option.

12.8.2.2 During the goal setting conference, taking place no later than the end of the sixth week of school, the evaluator and the 41valuate will:

  • Agree on the goals and the selection of the alternative evaluation option;
  • Develop timelines for completion; and
  • Review how the alternative evaluation option will enhance student learning.

12.8.3 Alternative Evaluation Options The certificated employee should select an alternative evaluation option that will be in close alignment with his/her goals. The alternative evaluation options listed below are self-evaluations, peer evaluations, and projects.

12.8.3.1 Individual Growth Activities: Individual growth activities are designed to improve the employee’s performance through the use of selected professional growth activities combined with self-analysis techniques. Examples of activities in this category include, but are not limited to:

  • Videotaping a classroom lesson with self-analysis
  • Portfolio assessments
  • Self-gathering of classroom evidence for reflection
  • Student and parent feedback
  • Teacher created projects

12.8.3.2 Team Growth Activities: These activities are often designed to reduce the isolation of the classroom teacher.  The District and FCEA encourage professional collaboration as a valuable professional growth tool for all employees.  Examples of activities in this category include, but are not limited to:

  • Formative coaching using the CSTP’s
  • Videotaping lessons with peer review
  • Inter-disciplinary (grade levels and/or subject areas) teams
  • Peer classroom visitations
  • Collaborative teaching
  • Team teacher created projects
  • Presentations to other staff

12.8.3.3 Project Based and/or Educational Research Activities: The teacher may outline an instructional strategy or learning theory to be researched and implemented in the classroom.  The design of the research and method of assessment shall be included in the project plan. This may be done in conjunction with graduate course work or a District curriculum project if there is a direct connection to enhancing student performance.

12.8.4 Collaboration

12.8.4.1 The District and FCEA believe the most effective professional growth occurs through collaboration.

12.8.4.1.1 The teacher and evaluator will work together in the selection of the option and the development of specific activities.

12.8.4.1.2 All participants will be encouraged to share the progress and results of their alternative individual or educational team activities with other colleagues. The time and format of this collaboration will be developed at each individual site.

12.8.5 Timelines

The certificated employee will submit a written alternative evaluation plan. Written timelines are to be predetermined by the employee and the evaluator.

12.8.6 Final Report

Prior to the end of the school year, the teacher and evaluator will meet to review and the progress of the selected teacher activities.  Both the teacher and the administrator will provide a written response. Upon satisfactory completion of the selected activities, a summary evaluation form will be used to indicate the completion of the alternative evaluation option and this form will be entered in the personnel file.

12.9 Miscellaneous Provisions Related to Employee Evaluations.

12.9.1 Guidelines for the following positions 12.9.2.1, a – i: The evaluator for these positions will be an administrator certified in the evaluation procedure.  The evaluatee will be notified in advance of the name of his/her evaluator in writing.

12.9.2 No hearsay, complaints, or input from outside sources will be included in these evaluations.  All complaints will be dealt with at the lowest possible level, using the teacher complaint language Article 19.4, current contract.

a) Teaching Vice Principal (VP) with Administrative Credential

b) Lead Resource Teacher

c) Elementary Lead Teacher

d) Teaching VP without Administrative Credential

e) Secondary Division Leader

f) Primary and/or Intermediate Chairpersons, in lieu of VP

g) Athletic Director

h) Coaching assignment

i) Extracurricular assignment

12.9.2.1 For above positions a – g:  There will be at least two (2) informal observations.  These will be documented, and a follow-up conference will be held within five (5) days of the observation; and a written summary evaluation provided by March 1.  At such time, the employee shall be notified of his/her status for the next school year.

12.9.2.2 For above positions h – i: Coaches and all other extracurricular assigned employees will receive at least two (2) informal observations, equally divided over the duration of their coaching season or activity duration.  These will be documented, and a follow-up conference will be held within five (5) days of the observation; and one (1) written summary evaluation within two weeks of the end of their assignment. A summary evaluation will be held no later than March 1.  At such time, each coach or extracurricular assigned employee shall be notified of his/her status for the next school year.

12.9.2.3 Those coaches and extracurricular assigned employees involved in spring activities that conclude after March 15 shall be notified within two (2) weeks of the conclusion of the assignment of his/her status for the next school year.

12.9.3 Pursuant to 12.9.2 above, if the unit member does not receive his/her evaluation in accordance with the above-designated deadlines, the unit member shall have continued return rights to the position for the following year.

12.9.4 For clarification in this contract language Article 12.9:

12.9.4.1 The conclusion of the coaching assignment will be the last scheduled printed contest (not to include playoffs, banquets, or equipment collection, etc.)

12.9.4.2 The conclusion of the extracurricular assignment will be the last scheduled printed event of that assignment.

12.9.5 Assignments – Elementary and Secondary: Teaching Vice Principal with Administrative Credential Lead Resource Teacher Elementary Lead Teacher Teaching Vice Principal without Administrative Credential Secondary Division Leader Primary and/or Intermediate Chairpersons, in lieu of Vice Principal Athletic Director

12.9.5.1 The above unit members will serve for a consecutive two (2) year period with the following exceptions:

12.9.5.1.1 Person holding the position chooses to leave the position before the two (2) year period has expired, or leaves the school site.

12.9.5.1.2 Person holding the position receives an unsatisfactory evaluation and is not recommended to maintain his/her assignment.  (Explanation in support of this recommendation must be attached and may be grieved through current contract grievance language, Article 6.)

12.9.5.2 At the end of the consecutive two (2) year period, the person currently holding the position would be allowed to reapply, as well as other unit members at the site.

12.10 Forms for the Evaluation Program

12.10.1 Forms for making a written report of the assessment of employee competency on the basis of data collected in the evaluation program shall be developed and reviewed as necessary by the District.  Potential revisions will be reviewed and discussed with the Association

12.11 Peer Assistance and Review Program

12.11.1 Peer Assistance and Review Joint Committee (“Joint Committee”)

12.11.1.1 The Joint Committee will consist of five (5) members.  Members of the Joint Committee will include the FCEA President or designee, plus two (2) members and one (1) alternate selected by the FCEA, and two (2) members and one (1) alternate selected by the District.  A Joint Committee member may not participate in the Joint Committee consideration, assessment, or acceptance of a report that pertains to a Participating Teacher whose most recent evaluation was conducted by that council member.  The Joint Committee will establish the operational procedures of the Joint Committee, including the method for the selection of a chairperson and the adoption of an annual budget.

12.11.1.2 All Joint Committee members must be in attendance at meetings of the Joint Committee.  Unit members who are members of the Joint Committee shall be provided up to 15 days each of release time for purposes of attending meetings of the Joint Committee and conducting observations of classroom teachers being considered for appointment as Consulting Teachers.  FCEA members of the Joint Committee shall receive a $100 stipend per meeting attended.

In the first year, alternates will be paid the same as regular panel members.  The expense of stipends and paid release time for Joint Committee members shall be reflected within the annual budget adopted by the Joint Committee.  If required to attend meetings, the FCEA alternate will be paid the same rate as a regular member.

12.11.1.3 The Joint Committee shall be responsible for selecting Consulting Teachers (defined in 12.11.3), assessing Assistance Plans and related documentation prepared by Consulting Teachers, and providing in-service training for Consulting Teachers.  The Joint Committee will provide written confirmation of participation in the PAR program to Participating Teachers, principals or immediate supervisors, and Consulting Teachers.

12.11.1.4 The Joint Committee will adopt guidelines for implementing the provisions of this Memorandum of Understanding.  The guidelines will be consistent with the provisions of this Agreement and applicable law, and to the extent that there is an inconsistency, the Agreement will prevail; and to the extent the Agreement is inconsistent with the law, the law will prevail.

12.11.1.5 The Joint Committee will assign the Consulting Teacher to a Participating Teacher.  The Participating Teacher may appeal the Joint Committee’s designation of a Consulting Teacher in accordance with procedures developed by the Joint Committee. The Participating Teacher may request to meet with the Joint Committee to discuss the assignment of the Consulting Teacher within two weeks of notification.

12.11.1.6 The parties intend that all documentation and information related to participation in the PAR program will be regarded as a personnel matter, subject to the personnel record exemption of the Public Records Act contained within Government Code 6250 et. seq.

12.11.1.7 The Joint Committee will develop standards and guidelines to be used by the Consulting Teacher in working with and assessing participants.  This will include, but not be limited to, timelines for completion of peer review reports for submission to the Joint Committee.

12.11.1.8 The Joint Committee will review the final report prepared by the Consulting Teacher. The Joint Committee will make recommendations to the Governing Board regarding a referred Participating Teacher’s progress in the PAR program.  The Joint Committee will also provide to the Governing Board names of participants not able to demonstrate satisfactory improvement after receiving sustained assistance.

12.11.1.9 The Joint Committee is responsible to annually evaluate the impact of the PAR program.  The Joint Committee recommends to FCEA and the Board of Education improvements in the process as deemed appropriate.

12.11.1.10 No decision regarding the PAR process made by the Joint Committee shall be subject to the grievance procedure.

12.11.1.11 All decisions of the Joint Committee will be made utilizing a consensus model. In the event of an inability to reach consensus which exists longer than a single meeting, a matter may be resolved by majority vote.

12.11.2 Participating Teacher

12.11.2.1 A Participating Teacher is a classroom teacher who is to receive assistance and coaching to improve instructional skills, classroom management, knowledge of instructional subject matter, and related aspects of teacher performance.  There are two categories of Participating Teachers: those who are referred for participation and those who volunteer to participate.

12.11.2.2 Referred Participating Teacher

12.11.2.2.1 The purpose of participation in the PAR program is to help correct job-related deficiencies and to assist the classroom teacher in improving performance. Permanent classroom teachers who have received an unsatisfactory rating will be referred for participation in PAR.

12.11.2.2.2 The Consulting Teacher assigned by the Joint Committee will provide assistance to the Referred Participating Teacher until the Consulting Teacher concludes that further assistance will not be beneficial.  The Consulting Teacher will then submit a meeting log of the teacher’s participation in the program to the Joint Committee. The Referred Participating Teacher may submit a written response to the final report and/or request a meeting with the Joint Committee subject to the rules established by the Joint Committee.  A copy of the Consulting Teacher’s final report shall be provided to the Referred Participating Teacher and prior to its submission to the Joint Committee. The Evaluator will be provided the opportunity to address the Joint Committee upon request. The Evaluator’s comments shall be advisory only.

12.11.2.2.3 The Joint Committee will forward a summary report of the teacher’s participation in the program to the Governing Board, Superintendent, or designee.  The report and recommendation(s) of the Joint Committee and the peer review reports prepared by the Consulting Teachers shall be advisory only. These reports will be for the benefit of the Referred Participating Teacher and the District and shall in no way limit the District’s discretion or authority on decisions and actions regarding the employment status of any employee.  The fact that the employee is participating in PAR will not limit or delay the District’s authority or discretion to make any such decision or take any such action. Participation in PAR will not create any right or expectancy of continued employment by the District for any period of time.

12.11.2.2.4 The results of the Referred Participating Teacher’s participation in PAR may be used in the evaluation of the teacher pursuant to Education Code 44660 et seq.

12.11.2.2.5 Compensation is not provided to the Referred Participating Teacher for participation in PAR, except for authorized participation in activities such as workshops and seminars beyond the regular workday.

12.11.2.3 Voluntary Participating Teacher  

12.11.2.3.1 A Voluntary Participating Teacher is a permanent teacher who seeks to improve his/her teaching performance.  A Voluntary Participating Teacher may request the Joint Committee to assign a Consulting Teacher to provide peer assistance.  The Consulting Teacher will not play a role in the evaluation of the Voluntary Participating Teacher. At his/her own discretion, a Voluntary Participating Teacher may terminate participation in PAR at any time.

12.11.3 Consulting Teacher

12.11.3.1 A Consulting Teacher is a teacher who provides assistance to a Participating Teacher pursuant to the PAR program.  Consulting Teachers must meet the following criteria.

  • Permanent status classroom teacher employed by the District and a member of FCEA;
  • At least five (5) years substantial recent experience in classroom instruction;
  • Demonstrated exemplary teaching ability as indicated by mastery of subject matter, teaching strategies, instructional techniques, and classroom management strategies necessary to meet the needs of pupils in different contexts;
  • Ability to communicate effectively both orally and in writing; and  Ability to work cooperatively and effectively with others.

12.11.3.2 Consulting Teachers may be full, part time, or released as needed. A Consulting Teacher provides assistance to a Participating Teacher in improving instructional performance.  This assistance may include, but is not limited to:

  • Conducting an initial meeting with the Evaluator and Participating Teacher to discuss the Participating Teacher’s evaluation and perceived performance deficiencies;
  • Setting and discussing performance goals with the Participating Teacher and Evaluator;
  • Developing an Assistance Plan in collaboration with the Participating Teacher. The Assistance Plan shall be reviewed and approved by the Joint Committee;
  • Conducting multiple observations of the Participating Teacher during periods of classroom instruction;
  • Demonstrating good instructional practice to the Participating Teacher.
  • Using District resources to assist the Participating Teacher;
  • Monitoring the progress of the Participating Teacher and maintaining a meeting log;
  • Making status reports to the Joint Committee for a Referred Participating Teacher;
  • Conferring with the Evaluator and Participating Teacher as determined by the Consulting Teacher on the Participating Teacher’s participation in the above-listed items as indicated in the Assistance Plan;

12.11.3.3 The Consulting Teachers shall be selected by the Joint Committee after one or more members of the Joint Committee have conducted at least one site visitation and one classroom observation.  The Joint Committee’s selection procedures, activities, and criteria, and its judgments regarding selection of Consulting Teachers shall not be subject to the grievance procedure.

12.11.3.4 Consulting Teachers will be trained to offer both peer assistance and to understand the specific functions of the PAR program.  The Joint Committee will monitor and evaluate the effectiveness of the Consulting Teacher and will make decisions regarding their continuation in the program.  The Joint Committee may remove a Consulting Teacher from the position at any time because of the specific needs of the PAR Program, inadequate performance of the Consulting Teacher, or reasons determined by the Joint Committee, at its discretion, to justify removal.  Prior to the effective date of such removal, the Joint Committee will provide the Consulting Teacher with a written statement of the reasons for the removal and, at the request of the Consulting Teacher, will meet with him/her to discuss the reasons.

12.11.3.5 The number of Consulting Teachers in any school year will be determined by the Joint Committee based upon participation in the PAR program, available funding, and other relevant considerations, including site administrator input on program integrity.

12.11.3.6 In addition to his/her regular teacher salary, a Consulting Teacher will receive a stipend.  The Joint Committee will recommend appropriate stipend rates based upon release time and caseload. The recommended stipend rates will be subject to review and approval by the collective bargaining representatives while this MOU is in effect.

12.11.3.7 A Consulting Teacher’s caseload shall be determined by the Joint Committee.

12.11.3.8 The PAR program encourages a cooperative relationship between the Consulting Teacher, Participating Teacher, and the Evaluator with respect to the process of Peer Assistance and Review.  The Participating Teacher and the Consulting Teacher will meet with the Evaluator to review and discuss the basis for referral to the PAR program. The Participating Teacher’s Assistance Plan shall be based upon the areas in which the Participating Teacher evaluation reflects unsatisfactory performance.  The Consulting Teacher is encouraged to confer regularly with the Evaluator regarding the implementation of the Assistance Plan with respect to each Participating Teacher.

12.11.3.9 At the request of the Participating Teacher or the Consulting Teacher, the Joint Committee may assign a different Consulting Teacher to work with the Participating Teacher at any time during the year.

12.11.3.10 Consulting Teachers and those teachers serving on the Joint Committee shall not be considered management or supervisory based upon their participation in PAR.  A Consulting Teacher may not be appointed to an administrative position for the period of one

(1) year after serving as a Consulting Teacher.  Teachers who provide assistance and review shall have the same protection from liability and access to appropriate defense as other public school employees pursuant to Division 3.6 (commencing with Section 810) of Title 1 of the Government Code.

12.11.3.11 (July 1, 2012-June 30, 2014) Until such time as State funding is reinstated for the Peer Assistance and Review (“PAR”) program, this section shall identify those existing groups of teachers within the District with appropriate qualifications to be included in a pool for Consulting Teachers. The role of Consulting Teacher is defined in the FCEA Contract to provide support and assistance to permanent teachers identified as Participating Teachers.

12.11.3.11.1 There is an ongoing need to provide support and assistance to permanent teachers whose professional practice does not meet minimum standards.

12.11.3.11.2 The PAR Program is no longer funded at a level that allows FCEA and the District to participate in the agreed upon Consulting Teacher selection process.

12.11.3.11.3 Current teachers who either hold or have held one or more of the following designations shall be eligible to volunteer to be included in the Consulting Teacher pool

  • National Board Certification
  • BTSA Support Provider

12.11.3.11.4 Participation as a Consulting Teacher shall be on a voluntary basis and follow the guidelines established in the PAR MOU Part III Sections A and B.

12.11.3.11.5 Consulting teachers shall be assigned from the pool by a Joint Committee made up of the Superintendent Human Resources or designee.

12.11.3.11.6 The Consulting Teacher’s stipend will be equal to the stipend for BTSA Support Providers, and will be incremental based on caseload.

12.11.3.11.7 Specific procedures shall adhere to Sections I-IV of the existing PAR contract language.

12.11.3.11.8 This agreement applies to the 2012-13 through 2013-14 school years and shall be extended and/or modified as needed with the agreement of both parties. Modifying the agreement would include consideration of others into the Consulting Teacher pool.

12.11.4 General Provisions

12.11.4.1 The Folsom Cordova Unified School District shall hold individuals harmless for actions occurring within the scope of their responsibility for participation in PAR.

12.11.4.2 The decisions of the Consulting Teacher and the Joint Committee, which might lead to a decision by the Board of Education to bring dismissal actions, are discretionary and are not grievable.

12.11.4.3 Nothing in this MOU diminishes the legal or contractual rights of bargaining unit members.

12.11.4.4 Funding received for the PAR Program shall be provided in the following order of priority:

12.11.4.4.1 Funds necessary to operate the PAR Program and provide assistance to Participating Teachers assigned to the program.  Stipends shall be established for Consulting Teachers assigned to a Participating Teacher and for members of the Joint Committee.

12.11.4.4.2 Funds necessary to provide assistance to Participating Teachers who volunteer for the PAR Program.

12.11.4.4.3 Funds for other professional development activities for teachers.

12.11.4.5 Expenditures for the PAR program shall not exceed revenues received from funds made available through the passage of AB IX without the mutual agreement of the FCEA and FCUSD.

12.11.4.6 Nothing in this MOU precludes the Evaluator from initiating and completing the evaluation process described in the collective bargaining contract.

12.11.4.7 It is agreed by this MOU that the existing mentor program may continue in its current format with the following modifications:

12.11.4.7.1 No new mentors will be added for the 2000 01 school year. Mentors lost to resignation or whose term ends in 2000 will not be replaced. The program agrees to operate with a reduced number of mentors and will continue to operate if mentor numbers reduce during the school year.

12.11.4.7.2 The budget used for 2000-01 mentors will be based on $6,000 per mentor.  This amount will be calculated at the beginning of the school year, based on the agreed upon remaining mentors, and no later than September 1, 2000.  In addition to the above amount, this budget will include Mentor Program carryover funds up to $30,000.

12.11.4.7.3 All other monies will be part of the budget for PAR, to be determined by the Joint Committee.

12.11.4.7.4 The BTSA program and budget will not be a part of the PAR program for the 2000-01 school year and will not be affected by the PAR program.

12.11.4.8 Folsom Cordova Education Association and Folsom Cordova Unified School District agree by this MOU that the preliminary start-up date of PAR will be June 30, 2000. The completion of a new standard based evaluation model will be accomplished by January 31, 2001.  A new evaluation model will include:

12.11.4.8.1 Folsom Cordova Education Association and Folsom Cordova Unified School District will agree on the new evaluation model.

12.11.4.8.2 This new evaluation model will supersede the current evaluation model.

12.11.4.8.3 The new model will be Standard/Performance based and will be formative in nature.

12.11.4.9 Binding Arbitration:

12.11.4.9.1 The parties agree that the PAR language set forth in this MOU shall be subject to expedited binding arbitration, conducted by procedures of the American Arbitration Association, if any dispute regarding the intent of this document should arise.

12.11.4.9.2 Selection of the arbitrator, if one is required, shall be effected in accordance with the rules and procedures of the American Arbitration Association.

12.11.4.9.3 The cost of the Arbitrator shall be borne equally. The parties shall pay for their own costs of the arbitration.

12.11.4.10 This MOU shall remain in effect for as long as the District receives the specific state funding for the California Peer Assistance and Review Program.  If the funding is eliminated, this MOU shall expire and have no force or effect without need for further action by either the District or FCEA.