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COVID-19 MOUs Updated 10.13.2020 Since the beginning of the pandemic, local unions affiliated with NEA and other education unions have used collective bargaining to reach agreements (MOUs, MOAs, letters of agreement, successor contracts and CBA extensions) on issues related to COVID-19. In a COVID-19 environment, collective bargaining has been used to Amplify Educator Voice and Expertise. It has produced enforceable agreements that establish processes and practices that guarantee educators a voice in decisions that impact their livelihoods, their lives, and the lives of their students. Collective bargaining has been used to Provide Assurances and Protections for Safe and Healthy School Operations, establishing and affirming health and safety protocols and practices. The pandemic has forced drastic changes in how students are taught and served and how educators teach and provide other essential services. Unions are using collective bargaining to Ensure the Continuity of Education and School-Based Services. Finally, collective bargaining has been used to Address Wages, Hours, and Other Terms and Conditions of Employment, the traditional items found in bargaining agreements.This document provides language from COVID-19 MOUs that have been negotiated by locals that are affiliated with NEA and other education unions. While not intended to offer model or suggested language – NEA and many state affiliates have developed guidance documents that serve this purpose, collectively, the MOUs provide a good representation of the issues that are being negotiated and how those issues are being resolved through collective bargaining. They are also demonstrative of the important role unions play in using collective bargaining to give educators a voice in critically important decisions.COVID-19 specific bargaining resources developed by NEA are also provided in this document. For additional resources see the Know Your Rights section of Educating Through Crisison and the COVID-19 Resources section of CBMA’s password protected website, One Pager:Bargaining Through CrisisExcerpts from MOUs:Amplify Educator VoiceAssurances and Protections for Safe and Healthy School OperationsEnsure the Continuity of Education and School-Based ServicesAddress Wages, Hours, and Other Terms and Conditions of EmploymentFull MOUs:Boston Teachers Union HYPERLINK \l "CharleroiAreMOU" Charleroi Area Education Association (PA)Denver Classroom Teachers AssociationGoffstown Educational Support Staff (NH) HYPERLINK \l "HSTAMOU" Hawaii State Teachers AssociationHighline Education Association (WA)Hinsdale High School Teachers Association (IL)Kiona Benton Secretaries Association (WA)Lemon Grove Teachers Association (CA)Lower Kuskokwim NEA (AK)Monessen Education Association (PA)Newton Teachers Association (MA)Oakland Education AssociationOrchard View Education Association (MI)Palo Alto Education Association-Special EducationSan Diego Education AssociationSeattle Education AssociationTrinity Area Education Support Professionals (PA)Uniontown Area Education Association (PA)United Teachers Los AngelesUnited Teachers Los Angeles-NursesMOU Subjects:Personal Protective EquipmentPerformance EvaluationHVAC and Air QualityRecording of InstructionNEA Resources:Guidance on Reopening Schools, Colleges, and Universities for In-Person InstructionDistance Learning MOUHealth and Safety Committee Language Bargaining Through Crisis“Prior to resuming any in-person instruction or services, the student and staff Health andSafety precautions outlined in this agreement will be in place.”“The District shall provide face coverings for all employees and students.”“The District shall ensure all classrooms, restrooms, and workspaces that are occupied by students, educators, and other staff … are disinfected daily, including but not limited to desks, doorknobs, light switches, faucets, and other high touch fixtures, using a disinfectant on the Environmental Protection Agency List “N”.”“If a… bargaining unit member finds non-compliance with health and safety requirements regarding room configuration or class size, she/he shall notify the principal who shall immediately remedy the no-compliance.’“The District shall notify the Association President of the school site where a positive test of a staff member or student is reported.”“The District shall ensure equitable access to education for all students and shall confirm and/or make provisions so that all pupils have adequate access to connectivity and technological devices to participate in the educational program and complete assigned work.”“No Bargaining Unit… positions will be eliminated because of any instructional model changes for SY 2020- 21 and the response to COVID-19.”“While working under a distance learning, or during a period of total emergency school closure, unit members shall continue to receive their full compensation and benefits.”“The School District wishes to provide the custodial and food service staff supplemental compensation to perform their onsite assigned work duties through the end of April. The additional compensation will be paid at $5.00 per hour for each hour worked onsite.”“For the 2020-2021 school year, evaluation of unit members shall be limited to non-permanent employees (provisional and probationary).”“An employee covered by this Agreement may use up to eleven (11) of his or her fifteen (15) annual sick days for a close family member’s or dear friend’s illness or injury. [Expiring CBA allowed five days]“Any term which appears in the current… Negotiated Agreement which has not been specifically changed by this Extension Agreement shall remain in full force and effect during the term of this Agreement.”Excerpts from MOUsAmplify Educator VoiceImpact BargainingWHEREAS, portions of the Reopening Plan impact the HHSTA members' wages, terms and conditions of employment and, as a result, the HHS TA, pursuant to its rights under the Illinois Educational Labor Relations Act, demanded to bargain said impact of the Reopening Plan. Hinsdale High School Teachers Association (IL)The Parties acknowledge that any health and safety guidelines that are updated following the execution of the MOU shall go into effect immediately upon their effective date and will supersede any language in this MOU that conflicts with such updated guidelines. The Parties agree to promptly meet and negotiate any changes needed to the MOU that impact unit members’ working conditions. Lemon Grove Teachers Association (CA)It is the intent of this MOU to address any effects associated with the distance learning instruction program the District anticipates delivering to students during the fall of the 2020-2021 year. The District and Association shall bargain any effects for hybrid in-person instruction. Pittsburg Education Association (CA)Collaboration and Joint Problem SolvingWorking more closely together in a nimble, powerful problem-solving mode has been, and will be, our most successful method for supporting our educators and families during this crisis. For issues which are unanticipated or require additional information unavailable to us at the time this MOU was negotiated, the parties agree that we must continue more frequent conversations to determine the best solutions to problems as they arise. The team which developed this MOU (the impact bargaining team) will reconvene in September and periodically thereafter to discuss issues which have arisen since the last time we met, and at least two weeks prior to a transition between remote and hybrid educational models. Highline Education Association (WA)The Department and Association shall hold regular COVID-19 Response Meetings at least once a month, at the state level and at each worksite or school for the express purpose to discuss the continuous improvement of the response to COVID-19 at both the state and worksite level. Hawaii State Teachers AssociationThe parties agree to maintain a Student & Community Health Workgroup, with 5 UTLA appointees and 5 LAUSD appointees, to address ongoing issues impacting the physical and social emotional health of LAUSD students, their families, and the broader community, including, but not limited to, state and federal funding for public schools and economic instability in our school communities. The workgroup shall meet monthly, or as mutually deemed necessary by the workgroup, to identify opportunities and pathways for collaborative advocacy on these issues. United Teachers Los AngelesHealth and Safety CommitteeA Joint Health and Safety Committee may be established at each school consisting of members of the Union and District representatives…. This committee will address health and safety situations, concerns, and information as it comes up. This committee will oversee the implementation of safety protocols, support teachers and staff with managing the demands of the situation, and provide a safe resource when a teacher needs information. Boston Teachers UnionUpon request from the DFT, representatives of DFT and District shall conduct joint school walkthroughs to ensure compliance with the health and safety requirements indicated in the District’s Reopening Plan. Detroit Federation of TeachersCompliance and EnforcementDisagreements arising from the enforcement of this agreement shall be referred to the grievance procedure outlined in Article 22 – Grievance Procedure of the parties’ Collective bargaining Agreement. California School Employees Association Delhi ChapterIf a DFT bargaining unit member finds non-compliance with health and safety requirements regarding room configuration or class size, she/he shall notify the principal who shall immediately remedy the no-compliance. Detroit Federation of TeachersAssurances and Protections for Safe and Healthy School OperationsReopening Schools The District will not reopen schools to students or staff without consent from the County Health Officer. Pittsburg Education Association (CA) Prior to resuming any in-person instruction or services, the student and staff Health andSafety precautions outlined in this agreement will be in place. Seattle Education Association (WA)The District and Association share a joint goal to fully implement Senate Bill 98 (Education Code section 43500 et seq.) by offering in-person instruction to the greatest extent possible as conditions become safe for students and staff. The District will offer distance learning until an in-person instruction model (whether for all students or groups of students) is safe according to Industry Guidance, Cohort Guidance and County Orders. Palo Alto Education Association (CA)Reclosing SchoolsIf the citywide COVID-19 positivity rate rises above 4% citywide, BPS will transition to full remote learning for all students, and BTU bargaining unit members will have the option to be remote as well. When the Boston Public Health Commission or other City or State authority determines that the school district can reopen, BTU bargaining unit members will be expected to return to BPS buildings. Boston Teacher UnionPersonal Protective EquipmentDuring the COVID-19 pandemic, the district agrees to provide access to personal PPEwhich includes access to face masks, face shields, and as appropriate gloves forprofessional use by every educator. Replacement of PPE should occur consistent withhealth official guidance and may occur upon request of an educator when personal PPEused for professional use is no longer adequate. Denver Classroom Teachers AssociationThe District will provide all Special Education staff with medical grade PPE (e.g. masks, disposable gloves, gowns, Plexiglas barriers, face shields, etc.), in sufficient quantities, based on the recommendation and guidance from SCCPHD, to all unit members working on campus. Palo Alto Education Association-Special Education (CA)Each teacher may, upon request, be provided a face shield and an adequate supply of facecoverings for students. Hawaii State Teachers AssociationDaily DisinfectingThe District shall ensure all classrooms, restrooms, and workspaces that are occupied by students, educators, and other staff (excluding spaces exclusively used by SDEA member for online instruction only) are disinfected daily, including but not limited to desks, doorknobs, light switches, faucets, and other high touch fixtures, using a disinfectant on the Environmental Protection Agency List “N”. San Diego Education AssociationPhysical DistancingCapacity for students and staff in any facility and/or classroom shall be limited by physical distancing requirements outlined by Public Health. Face coverings must be worn at all times (in accordance with above) and staff must remain 6 feet apart. No in-person meetings will be held at the worksite. Seattle Education AssociationThe maximum capacity for each room will be established based upon the six (6) feet physical distancing being maintained. Cohorts may need to be smaller to accommodate room size and additional adults (student teachers, instructional aides, co-teachers, etc.). Pittsburg Education Association (CA)Testing and ScreeningThe district will provide access to free COVID-19 testing for asymptomatic employees who are school based or working in-person. Educators will be allowed to use noninstructional work time to be tested during the 40 hour work week. Denver Classroom Teachers AssociationThe District will provide COVID-19 testing to all staff and students on a regular basis, every 10 days or as needed due to exposure risk. Palo Alto Education Association-Special Education (CA)Screenings shall be performed daily for anyone entering a school site or central office in accordance with the guidance referenced in Section 2.a. above. Essential visitors who do not pass the health screening shall be denied entry. Staff and students who do not pass the health screening or begin to display symptoms consistent with COVID-19 during the school day or workday will be sent home or sent to an isolation room on site pending travel home. San Diego Education AssociationAt-Risk IndividualsUnit members who are 65 or older, or have existing health conditions that make them vulnerable to outcomes of COVID-19, may request to engage the District in the interactive accommodation process. Santa Monica-Malibu Classroom Teachers Association (CA)The District will provide reasonable accommodations for those employees with verifiable health or at high risk of COVID-19, or childcare needs as related to COBVID-19. California School Employees Association Delhi ChapterAssociation Notified of Positive TestThe District shall notify the Association President of the school site where a positive test of a staff member or student is reported. In addition, the District will notify the unit members at the site. Lemon Grove Teachers Association (CA)Ensure the Continuity of Education and School-Based ServicesContinuity of LearningThe Association and District collaborated in developing and mutually agreed to the remoteContinuity of Learning (COL) program that will be implemented starting April 20 for theremainder of the 2019-20 school year. Orchard View Education Association (MI)Equitable AccessThe District shall ensure equitable access to education for all students and shall confirm and/or make provisions so that all pupils have adequate access to connectivity and technological devices to participate in the educational program and complete assigned work. Delhi Teachers Association (CA)DPS and DCTA are committed to justice and support for our BIPOC Educators. We will develop and implement an interest-based bargaining approach that is inclusive of multiple stakeholders, specifically our BIPOC educators. The group will discuss systemic racism and the effects of white-dominant culture upon our employees and students within DPS and will prioritize altering contract language during bargaining to specifically address microaggression, biases, and discrimination of BIPOC educators. Denver Classroom Teachers AssociationThe bargaining unit member will make the initial contact with students and with the parents of students who are not engaging in distance learning by the third consecutive day of nonengagement, in accordance with SB 98. Teachers will be required to make at least two (2) documented attempts (e.g. phone calls or screen shots of digital communication showing evidence of parent reply) in compliance with guidelines provided by the District. If the student continues to not engage in distance learning, the bargaining unit member will notify the social worker and school site administrator. Lemon Grove Teachers Association (CA)Buildings will create and implement a pick up and/or delivery system for the distribution of school supplies, curricular materials and the necessary technology, to include mailing if necessary, which will be coordinated by school buildings/programs, and the system communicated to all itinerant/building staff and students/families and will include volunteers willing to do deliveries. All extra time provisions outlined in the collective bargaining agreement will continued to be followed. Seattle Education AssociationWhen introducing new material, staff will, when possible, use screenshots, video recordings or online lessons to increase equitable access to instruction. Seattle Education AssociationWorking OnsiteUnit members delivering instruction may work from their regularly assigned classroom/workplace during regular school hours. [Must adhere to health and safety guidelines] Woodland Education Association (CA)Virtual PlatformsAll teachers will provide both synchronous and asynchronous instruction using the district approved platforms which include, but are not limited to, Seesaw, Google Classroom, and Zoom. Highline Education Association (WA)The District will encourage sites to adopt a uniform virtual classroom platform to improve learning experiences for students and support parents and families in assisting instruction in a single virtual classroom platform…. [U]nit members shall use District-provided tools… for tracking student participation, assignments, and communicating student progress (i.e., Google Classroom, Aeries Gradebook, etc.). Oakland Education AssociationChildcareSubject to an employee’s execution of the waiver below, the District agrees to allow all BTU bargaining unit members to bring their school-aged child/children who are in grades K-12 to school with them for any fully remote learning times, in the event the staff member cannot find childcare. Boston Teachers UnionThe District and UTLA recognize that many members have children and family circumstances that may result in occasional unexpected interruptions to instruction. Unit members shall not be subject to discipline if and when instruction is occasionally interrupted by such circumstances. United Teachers Los AngelesJob SecurityNo Bargaining Unit 05 positions will be eliminated because of any instructional model changes for SY 2020- 21 and the response to COVID-19. Hawaii State Teachers AssociationAddress Wages, Hours, and Other Terms and Conditions of EmploymentProtect existing CBAsAny term which appears in the current SEA Negotiated Agreement which has not been specifically changed by this Extension Agreement shall remain in full force and effect during the term of this Agreement. Strongsville Education Association (OH)CompensationUnit members hall remain in regular paid status with the ability to work remotely and shall perform duties consistent with the Learning Continuity and Attendance Plan and this MOU. Oakland Education AssociationWhile working under a distance learning, or during a period of total emergency school closure, unit members shall continue to receive their full compensation and benefits. Delhi Teachers Association (CA)The School District wishes to provide the custodial and food service staff supplemental compensation to perform their onsite assigned work duties through the end of April. The additional compensation will be paid at $5.00 per hour for each hour worked onsite. Goffstown Educational Support Staff (NH)Any employee who is deemed to be an Essential Employee for continuing operations by thedistrict and is required to work during a federal, state or county State of Emergency will beentitled to $2.00 per hour addition to their base pay while they are required to be at the worksite. Kiona Benton Secretaries Association (WA)DFT bargaining unit members who elect to perform their job duties face-to-face for the 2020-21 academic year shall receive ma bonus of $750 for each marking period that they complete through June 30, 2021. Detroit Federation of TeachersSince Santa Clara County is not off the state watchlist, all members who are being required to return in person before the general education teachers and students shall receive hazard pay of time and a half until general education students and teachers return. Palo Alto Education Association-Special Education (CA)Extracurricular AssignmentsWhile working under any model, bargaining unit members who perform extracurricular dutiesshall continue to receive stipends and/or additional pay, as provided for under the CBA if theduties can and are performed. Lemon Grove Teachers Association (CA)Planning TimeDuring the Remote Learning option, all bargaining unit members shall receive at a minimum, the allotted 40 minutes of planning time per day as outlined in Article III.G of the Parties’ CBA plus an additional 35 minutes of planning time per day so that the daily planning time will be granted in daily increments of 75 minutes. Additionally, all bargaining unit members shall receive their thirty (30) minute duty free lunch each day. Monessen Education Association (PA)Professional DevelopmentThere shall be no less than five (5) District Provided Professional Development (DPPD) starting April 13 - 17 to ensure employees have the necessary skills and support to transition to teaching, assessing, reporting of progress, etc. that will be required under the district COL program. The DPPD will be provided prior to and during any COL implementation with students. Any teacher needing further professional development will communicate that need to their administrator or the technology help desk. Orchard View Education Association (MI)The District and Association recognize the need for mandatory professional development for all employees in preparation for remote instruction. SEA and SPS will work together to plan and facilitate trainings. In addition, SPS will utilize PD already offered by SPS, SEA, WEA and Washington State Ethnic Studies Now. The list below is not exhaustive but is intended to capture the shared interests of both SPS and SEA. Recognizing that learning is an ongoing endeavor, PD may continue throughout the school year. Seattle Education AssociationPerformance EvaluationLKSD will discontinue further evaluative efforts to complete 2019-2020 evaluations. LKNEA (Classified) agrees on behalf of its employees that contractual obligations for those evaluations are waived…. Classified employees shall advance to the next step on the salary schedule in accordance with Article Xll of the LKSD/LKNEA (Classified) Agreement, regardless of whether an evaluation was completed in the 2019-2020 school year. Lower Kuskokwim National Education Association-Classified (AK)Tenured Teachers: Performance evaluations are hereby waived for all tenured teachers during the 2020-2021 school year. All tenured teachers, regardless of whether they were scheduled to be formally evaluated during the 2020-2021 school year will receive a summative rating equal to the rating they were issued on their immediately prior formal performance evaluation. A tenured teacher who received a summative rating lower than Excellent on his/her immediately prior formal performance evaluation will be formally evaluated pursuant to the District's Teacher Evaluation Plan if requested by the teacher. Hinsdale High School Teachers Association (IL)For the 2020-2021 school year, evaluation of unit members shall be limited to non-permanent employees (provisional and probationary). Employees being evaluated may submit a video of their lesson to their evaluator in lieu of a formal evaluation observation while assigned to do full remote instruction. United Teachers Los AngelesThe District agrees that livestreaming sessions, and pre-recorded lessons willnot used for the bargaining unit member’s evaluation. The use of videoshall not be used as an evaluation tool or otherwise be used to negativelyimpact any bargaining unit member’s evaluation. Monessen Education Association (PA)SubstitutesSubstitute educators and out-of-classroom certificated staff may be assigned to assist elementary and secondary teachers while providing synchronous instructions to students with break-out rooms and support for asynchronous activities when needed, as determined by the site administrator. Oakland Education AssociationSick LeaveAn employee covered by this Agreement may use up to eleven (11) of his or her fifteen (15) annual sick days for a close family member’s or dear friend’s illness or injury. [Expiring CBA allowed five days] Newton Teachers Association (MA)PrivacyTeachers' privacy, health, and personnel records shall be protected in compliance with the American Health Insurance Portability and Accountability Act (HIPAA). Facial recognition and biometric identification technology will not be utilized unless employees have been informed and provided written and specific consent for use of the data. Hawaii State Teachers AssociationEmployees that come in contact or test positive for COVID-19, cannot have the expectation of privacy due to the contract tracing that must be done. California School Employees Association Delhi ChapterAny livestreaming of video or video recording of instruction shall be done onlywith the express knowledge and agreement of the teacher. Monessen Education Association (PA)Boston Teachers UnionMemorandum of Agreement between the Boston Teachers Union, Local 66 AFT-Massachusetts and the School Committee of the City of BostonThis agreement, entered into this _____________ day of September, 2020, between theBoston Teachers Union, Local 66, AFT-Massachusetts (BTU) and the School Committee of theCity of Boston (School Committee) is intended to address the impacts on terms and conditions ofemployment attendant to the City’s decision to reopen the Boston Public Schools (District or BPS) for the 2020-2021 school year during the on-going COVID-19 pandemic.RECITALSWHEREAS, on March 12, 2020 the Governor of the commonwealth declared a state ofemergency due to the public health concerns arising from the onset of the COVID 19 pandemic.WHEREAS, on April 17, 2020 the parties executed a Memorandum of Agreement (MOA)embodying their agreement on the effects of the pandemic on terms and conditions of employment resulting from the closure of schools for the remainder of the 2019-2020 school year, which MOA has expired.WHEREAS, subsequent to the end of the 2019-2020 school year, the MassachusettsDepartment of Elementary and Secondary Education (DESE) has issued a number of guidancedocuments setting forth expectations and requirements for school districts with respect toreopening schools in the fall of 2020. DESE's expectations and requirements are set forth in anumber of guidance documents including, but not limited to, " Initial Fall Reopening Guidance,"originally dated, June 25, 2020; " Comprehensive Special Education Guidance for the 2020-2021School Year ," originally dated July 9, 2020; ; "Additional Guidance on Fall Reopening Plans,"originally dated July 24, 2020, which also includes a "Frequently Asked Questions for FallReopening" document; " Facilities and Operations Guidance," originally published July 22, 2020; and "Protocols for Responding to COVID-19 Scenarios," originally published July 17, 2020 and revised on August 20, 2020 . The parties must adjust to and take into consideration DESE's requirements as they plan for the fall reopening.WHEREAS, on August 14, 2020, the District filed with DESE its BPS School ReopeningPlan Draft 2 (BPS Plan) , which has a direct impact on the terms and conditions of employment of the members of the bargaining units represented by the BTU.WHEREAS, the BTU has demanded impact bargaining over the BPS Plan and the partieshave engaged in good faith negotiations regarding the reopening of school for the 2020-2021school year;NOW THEREFORE, notwithstanding any contrary provision in the parties’ collectivebargaining agreements or practices, the parties hereby agree as follows for the duration of the2020 – 2021 work year, unless otherwise agreed by the parties in writing:AGREEMENTI. GeneralA. Unless specifically modified herein, all terms of the parties’ applicable collectivebargaining agreement (CBA) remain in effect.B. This agreement remains in effect beginning at the start of the 2020-2021 work yearand for the duration of the COVID-19 state of emergency or at the conclusion of the2020-2021 work year, whichever occurs first. If the state of emergency still existsas of end of 2020-2021, the parties agree to reconvene to review the terms of thisagreement and discuss possible modifications to be effective as of the 2021-2022work year.II. Modified Work Year, Work Day and WorksiteA. Work Year1. For school year 20-21, DESE has approved a 170 day learning year forstudents. This year’s school calendar reflects the shorter student learningyear and also reflects the 183-day work year required by the CBA.2. For the 2020-2021 school year, the school year for students may be reducedto 170 days, and student learning time may be reduced to 850 hours forelementary schools and 935 hours for secondary schools.B. Workday: The length of the workday for educators shall remain unchanged fromthe CBA. No matter whether the District is operating a hybrid learning model or a100% remote learning model, the teaching day and the student learning day willfollow the schedule set by the school leader consistent with current CBAprovisions.C. Work Site1. Beginning on October 1, 2020, all educators who have been assignedstudents for in-person learning will work from their assigned schoolclassrooms, and/or offices every Monday, Tuesday, Thursday and Friday.From the start of the school year and before October 1, all bargaining unitmembers will have the option to work from their assigned workspace.2. Prior to the start of the student school year, educators may choose tocomplete remote PD components from home or within District buildingsfrom September 8-17, 2020.3. BPS agrees to continue to discuss the issue of differentiated work optionsand creative schedules within the existing Reopening Task Forces for thepurpose of determining if such would be in the educational best interests ofBPS students learning remotely and would be operationalizable without theneed of hiring additional staff or incurring exceptional public expense. Ifthe Task Forces are able to propose a cost effective and logisticallyoperational plan for such prior to November 1, 2020, BPS will in good faithconsider inclusion of these recommendations in an altered learning modelplan, to be implemented no earlier than November 16, 2020.BPS agrees to continue to discuss the creation of differentiated work optionsand more educationally sound remote and in-person learning throughcreative schedules and student groupings. These conversations willprioritize the assignment of fully remote teaching as available to members inthe following groups, in order of priority:(i) Educators in a high risk group as defined by the CDC andwould be eligible for leave under Families First Coronavirus ReliefAct (FFCRA) or Coronavirus Aid, Relief, and Economic Security(CARES) Act.(ii) Educators with a household member that is at high risk asdefined by the CDC and as a result the household member wouldhave qualified for leave under FFCRA.(iii) Educators with a verifiable child care issue due to COVID-19related closures, per the FFCRA.III. Employee ExpectationsA. The 2020-2021 school year will begin on September 21, 2020, with all studentsengaged in remote learning, no matter whether they have chosen the hybrid learningmodel or the fully remote learning model, as set forth in detail in the BPS Plan, acopy of which is attached and incorporated herein.B. Each staff member will record his/her attendance and/or absence electronically at orbefore the start of the work day as instructed by the District. A member will enterhis/her absence into the Substitute Online (SubCentral) program to request dailycoverage and into the ESS system for payroll purposes.C. For purposes of this Agreement, the following definitions shall apply:1. Synchronous Learning - A learning event in which a group of students areengaged in learning at the same time and during a designated time.Examples:● Teacher lecture/direct instruction● Teacher/educator check-ins with groups or individuals● Group work● Services (including counseling, therapy and direct services fromABAs, RSPs and other special education providers)2. Asynchronous Learning - Forms of education, instruction, or learning thatdo not occur at the same place or at the same time. Student’s have autonomyto complete this type of work at any time during the day with a designateddue date. Examples:● Reading assignment● Writing assignment● Projects or activities● Online or on paper● Self-recorded teacher lesson● Recorded videos from other sourcesD. All teachers will be required to use Google Classroom and/or Seesaw for each oftheir classes, unless the District recommends use of any improved program. GoogleClassroom will be available for all teachers, grades K0-12 and SeeSaw will beavailable for teachers of students in grades K0-6.E. Phased in start to school calendar1. Getting Readya. On September 8, 2020, all BTU members will begin work for theschool year.b. The contractual 30 minute BTU meeting on the second day of work(9/9) shall remain in effect.c. From September 8, 2020 through September 17, 2020, BTUbargaining unit members have the option of working remotely andnot from school buildings.d. From September 8, 2020 through September 18, 2020, all BTUmembers will engage in professional development (PD) and physicaland/or virtual classroom set up: (1) remotely or in person, at themembers’ option, from September 8th through 17th.(i) Any long-term or cluster substitute scheduled to begin theschool year in a specific school will be required to attend anyschool-based PD, and shall be paid for such.(ii) Per Diem substitutes, who worked 120 days last year andwho certify that they are willing and able to work duringSY20-21, will be required to complete five days of PDbetween September 10 and September 18. They shall becompensated for the time. BPS will determine which daysthey must attend and the materials will be available remotely.These days will be counted towards health care eligibility.(iii) Professional development will be recorded and availablethroughout the year for per diem substitutes. Any additionalrequired PD will be compensated and count towards healthcare eligibility days.e. Each educator shall have no less than 9 hours of self-directed timefor physical or virtual classroom setup, and application of PDobjectives between 9/8 and 9/18.g. September 18 will be professional development day for BTUbargaining unit members designated for room set-up andsite-specific safety protocols PD.2. Phase 1a. Beginning September 21, 2020, all BTU teachers begin the schoolyear’s instruction of all assigned students.b. Beginning September 21, 2020, all grades (K0-12) students willbegin remote instruction.c. All staff will work their regular, contractual hours.d. Remote learning must be designed to meet state mandated StructuredLearning Time Requirements, in accordance with 603 CMR 27.00,et al., as such remote learning must be designed and implemented soas to maximize educationally productive student-teacher interactionsand synchronous learning opportunities. Synchronous learningopportunities must be designed to provide students with regular,consistent opportunities to access live, synchronous instruction,student-to-student interaction, collaborative assignments/projects,teacher feedback and other needed support.e. During the period of remote learning, and subsequent phases,schedules will be designed to maximize opportunities forsynchronous learning while also creating opportunities forasynchronous instruction and screen-time breaks for students andstaff, while taking into consideration the need for simultaneous,collaborative planning and meeting time for staff as well. Eachperiod/class shall have a synchronous component on each day thatthe period/class meets.f. As soon as reasonably possible, BPS will identify locations forcentrally-based special education and/or other specialized personnelto deliver services (eg. SLP, ABA, OT, ESL, etc.) and assessmentsby appointment, particularly, but not exclusively, to addressevaluation backlogs and compensatory services in instances whereinthe evaluations or services cannot be provided remotely inaccordance with applicable guidance.3. Phase 2a. Beginning October 1, 2020, students identified as having highin-person learning needs, including identified students withdisabilities, English learners, students experiencing homelessness,students placed out-of-district by the Department of Children &Families, and students identified by school’s student support teamand confirmed by the District, report for in-person learning.1. “High needs” consideration will be given to students:a. Special Education Studentsi. PL3 students in day schools and in sub separatestrandsii. High Complexity Inclusion students in all-inclusionschoolsb. English Learners, including:i. SLIFE studentsii. ELs who are also high needs special educationstudentsiii. ELs with ELD levels 1 and 2 who are inhigh-intensity literacy training, or for whomgraduation requirements and time to complete bothEnglish as a Second Language and content levelclasses is shorter than other grade levels.c. McKinney-Vento: Students experiencing homelessness,using the McKinney-Vento definition.d. DCF: Students in care of the state.e. As identified by SSTs, students who parents and staff agreerequire additional in-person schooling, if available inassigned school building(s).4. Phase 3a. No earlier than October 15, 2020 (Group B) and October 19, 2020(Group A), students in grades K0, K1 and K2 report to buildings inhybrid groups A and B for in-person instruction.b. No earlier than October 22, 2020 (Group B) and October 26, 2020,students in grades 1-3 report to buildings in hybrid groups A and Bfor in-person instruction.5. Phase 4a. No earlier than November 5, 2020 (Group B) and November 9, 2020(Group A), students in grades 4-8 and students in secondary schoolsin grades 6-8 report to buildings in hybrid groups A and B forin-person instruction.b. No earlier than November 16, 2020 (Group A) and November 19,2020 (Group B), students in grades 9-12 report to buildings in hybridgroups A and B for in-person instruction.F. Remote-Only Model1. Remote-only instruction will begin on Monday, September 21, 2020 in linewith the beginning of Phase 2, set forth above.2. Students who are remote by choice will have the same learning expectationsas “in-person” students and the same expectations for compliance with anyapplicable IEP services and/or ESL minutes.3. The district will provide access to virtual backgrounds for educators whoneed them.4. The limitations for virtual instruction set forth in any prior MOA, includinglimitations on work hours, use of virtual video conferencing and othervirtual platforms do not apply.5. Students who haven't chosen a "remote or hybrid" option will receivecontact from the school and/or the District in their native language to askand record their preferred option. Students will not be assigned a defaultoption unless contact is attempted. Parents/students can switch their choiceby contacting their school and/or the District, though changes may not takeeffect until the next marking period in accordance with DESE guidance.6. No BTU bargaining unit member will be required to work for more minutesthan the CBA provides without all contractually required break(s). All subswill have the same breaks that the teachers they are covering have under theteacher CBA. All other schedules will consider the need for breaks.G. Wednesdays1. Beginning in Phase 2 and continuing through the remaining Phases,Wednesdays will be remote for all students and staff, if they choose to workremotely, in order to facilitate cleaning and sanitizing protocols.a. BTU bargaining unit members must notify their school leader orsupervisor on or before September 21, 2020 for the first term, and five (5)school days prior to the start of subsequent terms, if they are selecting towork from a remote location on Wednesdays.b. School leaders or supervisors may direct any BTU bargaining unitmember to work from a District-assigned location when there is work thatmust be done in-person when, in the leader’s/supervisor’s opinion, the BTUbargaining unit member is not fulfilling the member’s responsibilitieseffectively when working from a workspace outside of the District. Prior toissuing the direction, the leader/supervisor must provide the BTUbargaining unit member the reasons for the direction in writing.2. All staff will work regular contractual hours every Wednesday, whetherremote or in buildings.3. Wednesdays will include synchronous and asynchronous learningopportunities for students that require sufficient time on learning to accountfor a full day of instruction.IV. Technology and Educational MaterialsA. Teachers, including voc-ed educators, shall be provided the appropriate technologyto teach live video lessons and recorded lessons to serve students learning remotely.B. All other BTU members [e.g. paraprofessionals, related service providers,itinerants, etc.] shall be provided and/or have access to appropriate BPS technology,including laptops as available, necessary to complete their in-person work and servestudents, including those learning remotely, before September 21.C. BTU members, including specialists, shall take student attendance through Aspenon a daily and/or class basis.D. Teachers and students in voc-ed programs will be provided industry-specificinstructional materials, where available, such as online learning platforms, virtualsimulation software, e-textbooks, technical videos and other resources.E. The District will make reasonably best efforts to ensure that all students, includingvoc-ed students, will receive educational toolkits that contain content and gradelevel appropriate materials and/or tools. Items in the toolkits shared with the BTU.V. Public Health and SafetyA. Public Health Benchmarks.1. The District will continue to partner with the BPHC to monitor key datametrics in order to allow us to appropriately plan for and respond to publichealth issues that may arise. The critical metrics, all of which are measuredcitywide and by neighborhood, as a 7-day trailing moving average, include:● Daily number of positive tests● Daily percent of positive tests● Daily visits to emergency rooms with COVID-19-like symptoms2. By September 18, 2020, BPHC will post these metrics on its public-facingwebsite twice weekly. BPS will link from the BPS website to the BPHCmetrics, and BPS will provide sufficient translated directions on its websiteto ensure that the BPHC-posted metrics are understood by the BPScommunity.3. If the citywide COVID-19 positivity rate rises above 4% citywide, BPS willtransition to full remote learning for all students, and BTU bargaining unitmembers will have the option to be remote as well. When the Boston PublicHealth Commission or other City or State authority determines that theschool district can reopen, BTU bargaining unit members will be expected toreturn to BPS buildings.4. Free tests are currently available to members of the community daily at 20sites around the City of Boston; in combination over 1,500 free tests arecurrently available on a daily basis. In addition, if the COVID-19 positivityrate is at or above 8% (double the citywide rate metric) in any neighborhoodidentified in the BPHC list below at the same time that the citywidepositivity rate remains below 4%, the District will offer free COVID-19testing weekly to up to 5% of BTU bargaining unit members. Testing willbe random, with over sampling drawn from staff who work in school siteslocated in the neighborhood(s) with positivity rates measuring at or above8%. If no neighborhoods exceed 8% positivity rate, the District will stillprovide up to 5% of BTU bargaining members with such testing, but withoversampling of BTU members whose work assignments regularly placethem in close physical proximity to students who may not be able to sociallydistance, are unable to wear a mask, or who require physical support, such ashand-over-hand support and modeling, feeding, toileting and/or physicalrestraint, as referenced in Section V. D. 6 below. Teachers will not beeligible for re-testing as part of this program within 14 days of a prior test.Testing will only be available for members who are physically reporting toschool buildings with students. Test results will be made available to thetested person and the BPHC within 24 to 48 hours.East BostonDorchester 21, 25 (zip codes)Dorchester 22, 24 (zip codes)RoxburyFenwayRoslindaleJamaica PlainHyde ParkMattapanCharlestownAllston/BrightonSouth EndBack Bay, Beacon Hill, West End,Downtown, & North EndSouth BostonWest Roxbury5. The District will provide publicly available weekly reports on incidents ofinfection by school.B. Facilities1. BPS shall maintain all buildings and classrooms in accordance with theCDC guidance [linked here] and the July 22, 2020 directives issued byDESE [linked here], including the requirement that districts maximize airmovement in school buildings in order to help minimize the risk ofCOVID-19 exposure.2. On an ongoing basis starting on the effective date of this MOA, BPS willshare with the BTU completed school-specific information reflecting theprogress of school preparation data required in the BPS-provided reopeningplan template.3. All worksites will be evaluated within one month of staff and studentsreporting to the buildings. The results of these independent evaluations shallbe publicly available on the BPS website. BPS will furnish data byschool/building of all previous tests in the past calendar year: dates, whattests or measurements were taken, the results, and any remedies or repairsmade since.4. Building Walk-Throughsa. Beginning September 14, 2020, up to five members of the BTUFacilities Subcommittee and up to five BPS representatives willconduct BPS-scheduled and coordinate walkthroughs of identifiedBPS buildings (Snowden, Mather, BTU Pilot and BLA as well astwo others randomly selected) to ensure buildings comply withDESE and applicable OSHA guidance, if any. Representatives ofother BPS unions will be invited to attend.b. On September 18, 2020, all BTU members will be invited to tourtheir school building. Tours will be completed by school leadersaccompanied by the assigned custodian and/or other Facilitiesrepresentatives.c. During the week of September 14, school-based Health and SafetyTeams will be provided an opportunity to complete a scheduledwalk-through of their building to verify that the building meetsDESE guidance and the facilities, cleaning and sanitation provisionsof the BPS Plan as recorded in the Facilities checklist made availableto BTU members at the time of the walk-through.i. The Health and Safety Team members participating in thewalk-through will create and submit by, September 18, one jointpunch list of any repairs or modifications required by DESEguidance and/or the BPS Plan. Completed punch lists and theDistrict’s written response to same will be published on apublicly available website.ii. Beginning October 1, 2020, a bargaining unit member who hasbeen assigned in-person students or is choosing to work in aDistrict space will be required to report to an alternative spacein their school building if their usually assigned space is in needof any repairs or modifications required by DESE guidanceand/or the BPS Plan and mutually agreed upon FacilitiesChecklist, as identified on the submitted punch lists andconfirmed by the District, and will continue to work in thealternatively assigned space until the necessary repairs ormodifications are completed on the originally assigned space.5. HVAC and Air Quality:a. Prior to September 14, 2020, the District will complete an audit ofall HVAC systems and assess the air quality in each building. BPSwill increase the circulation of outdoor air as much as possible byopening windows and doors, using fans and other methods asdeemed appropriate.b. Unless used as an emergency exit, interior doors will be proppedopen to increase air ventilation and reduce the number of peopletouching the door during the day.c. Schools with automated HVAC systems will operate with opendampers to provide as much air in as possible without affectingrecommended humidity (generally 40%-60%) and temperaturelevels (generally 68-77 degrees);d. Filters will be upgraded (if necessary) to remove volatile organicelements, such as bacteria and virus and the outdoor intake will beincreased to circulate fresh air into the building. All HVAC filterswill be upgraded to the highest density filter that can beaccommodated for that unit.e. Schools without automated HVAC systems will operate with acombination of mechanical ventilation and open windows tomaintain maximum ventilation without affecting recommendedhumidity (generally 40%-60%) and temperature levels (generally68-77 degrees).f. In workspaces for which the HVAC system cannot maintain 6 airexchanges per hour or 20 CFM per person of fresh air , the districtwill provide and maintain window fans to create a continuous airexchange.g. Any air purifiers purchased by a staff member for workspace usewill be maintained by said staff member and will be openlyidentified as personal property.h. Staff will direct ventilation concerns to their school leaderimmediately.i. Educators who are currently assigned to work in classrooms that donot have windows or adequate air ventilation as defined by DESEguidance and/or the BPS Plan must be given an alternate work spacethat is suitable and does have windows and otherwise meets theDESE guidance for air ventilation. Non-mechanically ventilatedspaces or spaces without windows cannot be used for in-personinstruction or for workspace occupied by more than one person tothe extent the size of the workspace does not allow for appropriatesocial distancing in accordance with public health guidelines. If anemployee believes workspace does not meet these standards theymay contact OHC.6. Cleaning and Sanitizationa. The School Department will follow the law protecting publicemployees on cleaning protocols by implementing the protocols andprocedures identified in the BPS Plan and provided directly to theBTU. Nothing in these guidelines reduces the requirements to followall federal, state and local laws that protect public employees.b. A facilities safety plan developed by the District and approved bythe Boston Public Health Commissions, including a detailed list ofcleaning and disinfecting practices/protocols, will be implementedon a regularly scheduled basis starting and a log of the cleaning willbe made available by request of the school leader.c. Before staff return to buildings, all classrooms will be cleaned anddisinfected as per CDC guidelines. In addition, student and teacherdesks will be cleaned and disinfected between cohorts as specified insection V. E. 7-8. below.d. Each school will be equipped with at least three months of sanitationsupplies, including adequate supplies of soap and paper towels.e. Each school will be equipped with hand washing stations throughoutthe building as needed.f. The District will maintain a supply of classroom cleaning anddisinfectant supplies including but not limited to disinfectant spray,paper towels, hand soap for sinks, and hand sanitizer.g. The District will provide comprehensive daily compliance logs inbathrooms, nurses offices, cafeterias, and other common areas withinthe school, with written practices and standards available uponrequest.h. Cleaning kits including hand sanitizer, extra soap, cleaning materials(and gloves, as available) needs to be available in each classroomand office with at least 60% ethyl alcohol or ethanol and should bereplenished daily.i. Where applicable, voc-ed students and staff will receive their ownindividual safety glasses and other high use materials, gear andsupplies.7. The District in consultation with the BTU will provide safety training forstaff, families and students on moving throughout the building and onproper use of sanitation supplies.8. In order for custodians to facilitate daily cleaning and sanitizing protocols,all staff must exit the school building within one hour after the end ofhis/her work day, unless granted advance permission by the buildingadministrator.9. Vocational Shop Instructors will receive appropriate time in their schedulesfor cleaning tools and equipment in between hand-ons projects.10. The District will advocate for fire and intruder drills being moved to thesecond half of the school year.11. Members are expected to report all facility concerns directly andimmediately to the school leader.C. 2020-2021 Health and Safety Committee: A Joint Health and Safety Committeemay be established at each school consisting of members of the Union and Districtrepresentatives. This committee is to consist of at least two BTU members, at least one ofwhich should be an elected BTU Building Rep or BTU designee, and should preferablyalso include a member of the District administration, custodians, and the school nurse andother members as jointly agreed by the school leader and BTU Building Rep or BTUdesignee at each school, including but not limited to a parent and a student. ThisCommittee may meet during the 2020-2021 work year to provide recommendations inaccordance with DESE & public health guidelines surrounding building-based issuesregarding cleaning and safety protocols. This committee will address health and safetysituations, concerns, and information as it comes up. This committee will oversee theimplementation of safety protocols, support teachers and staff with managing the demandsof the situation, and provide a safe resource when a teacher needs information.D. Personal Protective Equipment1. All staff must wear a mask/face covering while on school property unlessprovided with an individual accommodation due to disability and/or healthconsideration, as approved by the Office of Human Capital.2. Staff members will be provided two reusable masks/face coverings.Disposable masks will be available for staff who forget their masks.Acceptable face coverings include multi-layered cotton masks, disposablesurgical masks and/or KN95/N95 masks. Neck gaiters, open chin trianglebandanas and face coverings containing valves, mesh material or holes ofany kind are not considered appropriate face coverings. Masks need to coverthe mouth and nose.3. Face shields may not be used in place of masks but may be used in additionto masks. Staff who feel that they need an extra layer of protection mayrequest that the district provide a face shield, as available, in addition to astandard medical mask. Staff who wear a face shield are responsible forcleaning and sanitizing their face shields. As set forth below, staff who areassigned to a setting where physical distancing is not possible will beprovided additional Personal Protective Equipment.4. Specialized masks that allow the wearer's mouth to be visible will beprovided to staff in circumstances when the visibility of a speaker's mouth isnecessary. Such circumstances may include speech therapy sessions,working with students who are deaf or hard of hearing, other specialeducation services, reading instruction, English Language Learner services,World Language class and for staff working with students in gradespreK-12+, as determined by the appropriate administrator.5. Nurses shall be provided PPE in accordance with DESE and applicableOSHA guidelines for health workers.6. Staff members whose assignments regularly place them in close physicalproximity to students who may not be able to socially distance, are unable towear a mask, or who require physical support, such as hand-over-handsupport and modeling, feeding, toileting and/or physical restraint, will beprovided an appropriate supply of PPE appropriate to their work duties andin compliance with DESE and public health guidelines (N95 respiratorsand/or additional protective gear as needed: face shields, gowns, gloves) andmeans of disposal. All who wear an N95 or similar respirator will beprovided with the equipment, fit testing, training and related requirements ofthe DESE guidance and, if applicable, OSHA 1910.134, OSHA's respiratoryprotection standard. Any educator as defined in this section will be providedan N95 mask, and/or other PPE as required by the DESE guidance and/or asan accommodation granted pursuant to the provisions of the Americans withDisabilities Act.7. PPE and cloth or comparable face coverings will be disposed of as requiredby applicable public health and other relevant regulatory guidelines.E. Physical Distancing1. Classrooms will be set up to allow for 6 foot physical distancing betweenpeople throughout the day. Each classroom will include a teacher’s deskarea that is placed at least 6 feet away from any student. Teachers mustmaintain physical distancing of no less than 6 feet at all times.2. Staff are encouraged to install floor markings to visibly demarcate the areafor students' to approach the teacher’s desk for instructional assistance. Tapewill be provided for this purpose, on request.3. Staff bathrooms will be limited to one adult occupant at a time.4. The District has provided plexiglass and/or vinyl shields for work thatrequires closer contact than six feet or work in administrative spaces inwhich many staff have work reasons to visit the space.5. A medical waiting room, ideally with a dedicated restroom and/or sink, willbe established within every building for the purpose of sequestering anystudent exhibiting any COVID-related symptoms until they can be pickedup by their guardian or other adult authorized to remove the child fromschool. The room will not be used for storage or any other purpose for theduration of the pandemic. At least one designated, trained staff membershould be available to be called to the room at all times in case there is aneed to isolate a symptomatic employee or student. When providing carefor anyone with suspected or confirmed SARS-CoV-2 infection, personnelwho need to be within 6 feet of a sick colleague or student should beprovided appropriate PPE as required by DESE and public health guidance(including gloves, a gown, a face shield or goggles, and an N95 orequivalent or higher-level respirator or a surgical facemask if a respirator isnot available, or as appropriate).6. Teachers should clean their personal space and personal work area,including their desk.7. Teachers are responsible for instructing students to clean desks and otherstudent-specific surfaces.8. All commonly touched surfaces within each building will be cleaned dailyby District custodial staff.9. Outside visitors will not be allowed to enter BPS buildings. Signage will beposted outside so visitors are aware of this policy.10. Traffic patterns shall be devised in collaboration with school leaders uniqueto each individual school. Signs in accordance with recommended socialdistancing will be posted and clearly marked in hallways, cafeterias,libraries or any other area where students and staff walk.F. Home Health Screening1. Before entering the building each day, each staff member will complete ahealth checklist developed by the district.2. Employees who are diagnosed with COVID-19 shall report the diagnosis tothe Office of Human Capital immediately.3. Students will be required to self-check temperatures and other symptoms ofillness before coming to school.4. In the event students behave in a way that jeopardizes public health andsafety, the district will enforce the Code of Conduct. Safety protocols willbe clearly defined for students and parents prior to students entering theschool. Student adjustments may include:a. Teacher redirection and/or reminders as needed;b. Removal of student from the classroom and notification of parent;c. Alternative instruction provided in a safe environment.G. Community ExposureIn the event of an infection or a presumed positive individual havingbecome ill after a close contact situation, the BPS Infectious Diseaseprotocols will be followed. All areas (classrooms, bathrooms, etc) that theindividual entered shall be closed for cleaning and disinfecting, if the roomhas not already been cleaned and disinfected since the individual was lastpresent in the room. The district will coordinate with the BPHC to notify allindividuals --both staff and students-- with whom the infected person cameinto close contact during the confirmed positive case’s infectious period asidentified by public officials from the local board of health managing theconfirmed positive case. Based on current guidance, the infectious periodfor COVID-19 has been established by the Centers for Disease Control(CDC) as beginning two days prior to the onset of symptoms or two daysprior to the receipt of the positive test result in the case of an asymptomaticindividual.VI. Employment BenefitsA. Pay and Benefit.1 Employees shall receive their full pay and benefits as provided in the CBAand as adjusted by this MOA.2. BPS will pay the applicable stipend if a sport or activity occurs during the2020-202l School Year. If the season is cancelled or the sport or activitydoes not take place, payment of stipends will be determined individuallybased on whether the role can be fully executed as intended, independent ofthe learning plan in place. Determinations will be made by the District inconsultation by the Coaches Committee.B. Leaves of Absences1. All staff are encouraged to review and understand the District’s Summary ofLeave Options, which is available through OHC.2. Any employee who requests a leave of absence or accommodations isexpected to contact the Office of Human Capital (OHC). If a staff personhas a medical condition that prevents them from physically working in thebuilding, the District shall follow the appropriate state and federal laws andcontractual provisions regarding accommodations and/or leave. Any staffmember requesting accommodations retains the option to return to work inperson.3. Conversations between staff members and HR about medical conditions areconfidential. Communications with healthcare providers about staffmembers will pertain only to the medical condition(s) that has prompted therequest for an accommodation.4. Staff who are required to take a leave, based on a required quarantine due toCOVID-19 quarantine due to a traceable workplace exposure or workplacesuspected exposure will not be required to use their sick leave during theperiod of quarantine. On a case-by-case basis, the District will determinewhether or not the staff member will work remotely during this time. Theprovisions of sick time and personal days remain applicable, at any pointduring the quarantine, for the staff member working remotely.5. Staff who are required to take a leave, based on a required COVID-19quarantine not due to a traceable workplace exposure or workplacesuspected exposure (i.e. member of household tests positive), will berequired to use their sick time during the period of quarantine. On acase-by-case basis, at the request of the staff member, the parties willdetermine whether or not the staff member can work remotely during thistime. If determined they can, the staff member will not have to use his/hersick days.6. Absent a reasonable accommodation approved and provided by the District,BTU bargaining unit members will report to their school building or otherassigned District-work location within the District to perform their work,unless directed otherwise by the Superintendent, pursuant to this MOU.BTU bargaining unit members working from any location outside of theirDistrict-assigned work location shall do so from an appropriate,professional, dedicated workspace.C. Child Care . Subject to an employee’s execution of the waiver below, the Districtagrees to allow all BTU bargaining unit members to bring their school-agedchild/children who are in grades K-12 to school with them for any fully remotelearning times, in the event the staff member cannot find childcare. It is the staffmember's responsibility to ensure that synchronous instruction is not adverselyimpacted by the presence of their child/children. The building administration willdetermine specific protocols as necessary. No District or school-based resources,including but not limited to referral to or use of nursing staff time or attention, willbe made available to children in care pursuant to this provision. If the Districtmoves to a fully remote learning model, BTU bargaining unit members may bringtheir K-12 children to school Monday through Friday if childcare coverage isneeded.VII. GENERAL ITEMSA. All staff members are mandated reporters. As mandated reporters, any suspicionsregarding the abuse or neglect of a child under 18 years of age that arise during anyPhase and/or instructional model must be immediately conveyed by all BTUmembers to the building principal or designee in accordance with the procedures setforth in Superintendent's Circular SUP-20. Nothing prevents a staff member fromalso notifying the Department of Children and Families directly when such staffmember has reasonable cause to believe abuse or neglect has occurred.B. During the school year 2020 - 2021, no employee is permitted to provide privatetutoring/counseling to a Boston Public Schools’ student, either virtually orin-person, if (1) the student is employee's current student; or (2) the employee hasrecommended a District student for tutoring and the employee is paid for theservices; or (3) the employee has solicited tutoring services from District parents; or(4) the employee uses District resources to privately tutor; or (5) the tutoring isrequired by or paid for by the District, unless allowed by the employee's collectivebargaining agreement. Employees are reminded to reference the MassachusettsState Ethics Commission's FAQ for Public School Teachers.C. Regardless of the online platform used, staff must take all reasonable precautions toprotect students’ confidentiality when working remotely. These precautions mayinclude working in a separate location when making work-related phone calls andlogging out of a device and all accounts after accessing work-related information.D. Just as is expected while working in the school building environment, whileworking remotely in a non-school setting, employees will make reasonable effortsto ensure that the confidentiality of student records is maintained (i.e. locking allcomputers/devices when not in use, securing hard copies, ensuring that no one canoverhear conversations with/about students). The parties recognize that employeescannot guarantee the confidentiality of records, virtual discussion, or other matterswhich relate to student confidentiality. The parties agree that it is the District’sultimate responsibility to ensure compliance with federal and state student recordlaws.E. A subcommittee will be established to define norms for the use of remote video forstaff, students, and families.F. Use of personal devices: In the course of remote teaching, staff will not be expectedto give out personal telephone numbers. Staff will be responsible for contactingstudents by phone when this is necessary, including through the use ofTalkingPoints for text messaging as provided by BPS.G. Unless modified by terms of this MOA, all terms of the collective bargainingagreement remain in full force and effect.H. This agreement shall not be modified except for in writing and by mutualagreement and consent of both parties. The parties agree to revisit relevant sectionsof this MOA if state guidance changes.I. The terms of this agreement shall be enforced through the grievance and arbitrationprocedures in the Collective Bargaining Agreement.J. The parties recognize that these are unusual circumstances and an evolvingsituation. Therefore, this agreement shall not be used as evidence of precedent orpast practice.K. This Agreement will be effective upon execution. It shall expire on June 30, 2021,or upon the return to full in school education for all District students withoutCOVID-19 related health and safety requirements.DRAFT - WAIVER AND RELEASEThe Boston School Committee agrees to allow all staff members to bring their school-aged child/children to school with them during remote learning time (afternoons, any full remote learning days) at their request, in the event the staff member cannot find daycare. I n consideration of the School Committee agreeing to allow me to bring my school-aged child/ children to school on remote learning days, I agree to irrevocably waive, and to forever release the Boston Public School District and all their officials, employees, agents and School Committee and its members (collectively "the Releasees") from any and all claims, rights of action and causes of action that I or my child may have had, may have now, or may have in the future arising from personal injuries, including but not limited to illness, to my child/children from bringing my child/children to my school building with me.I further agree and promise to indemnify, defend and hold harmless the Releasees for any and all legal claims and proceedings of any description that may have been asserted in the past, or may be asserted in the future, directly or indirectly, arising from personal injuries, including but not limited to illness, to my child/children resulting from bringing my child/children to school with me.I agree to provide written certification on each day that I bring my child/children to my school building that the child/children is not/are not exhibiting signs of illness and that the child/children has not/have not been in close contact with any person who exhibited symptoms of COVID-19, with any person suspected of having COVID-19, and/or with any person who has tested positive for COVID-19.I further agree and promise to indemnify, defend and hold harmless the Releasees for any and all legal claims and proceedings of any description that may have been asserted in the past, or may be asserted in the future, directly or indirectly, by any person arising from personal injuries, including but not limited to illness, alleged to have been caused by my child/children while such child/children was/were present at my school building.I affirm that I have read this Waiver and Release Form and that I understand the contents of this Form. I understand that bringing my child/children to my school building with me is voluntary and that I am doing so because I am unable to secure childcare.By signing this form, I affirm that I have decided to bring my child/children with me to work with the full knowledge that the Releasees will not be liable to anyone for personal injuries, including but not limited to illness, that my child/children sustain while on school property.________________________________ ______________________________________Name Signature________________________________ ______________________________________School DateThis form must be completed and returned by the first day an employee b rings his/her/their child or children to school and brought to thePrincipal's Office. Failure to do so will result in the employee\s being unable to have his/her child/children on school property.Charleroi Area Education Association (PA)MEMORANDUM OF UNDERSTANDINGThis Memorandum of Understanding (hereinafter referred to as the “MOU”) is made by and between the Charleroi Area School District (the “District”) and the Charleroi Area Education Association (the “Association”). The District and Association will be referred to collectively as “the Parties.”WHEREAS, the District and the Association are parties to a collective bargaining agreement with a term of August 21, 2018 through August 20, 2025 (the “CBA”); WHEREAS, there are significant health and safety concerns regarding Coronavirus (COVID-19) which relate to and surround the continued safe opening and operation of school buildings and facilities; and WHEREAS, the District and the Association, after discussion, desire to work cooperatively to address these unique and emergent issues. NOW THEREFORE, intending to be legally bound hereby, the parties agree as follows:1. The District shall provide a continuity of education plan to all employees which includes a daily schedule and delineates that all such time counts as work time, and how one ‘reports’ to work. 2. All professional development, clerical, and instructional work including the design, delivery, and assessment of instruction shall be completed either remotely or in the schools, as following the advising of the PA Dept of Health and the Governor’s office.3. The District shall hold harmless and provide District legal services in defense of such a case any individual unable to provide the accommodations currently listed in students’ IEP’s or 504 plans, and it remains the District’s responsibility as LEA to approve changes to IEP’s and 504 plans through the appropriate remote process with our member special education instructors. 4. The District shall hold harmless and provide District legal services in defense of any accusations or legal action resulting from incorporating electronic technology as part of the District’s continuity of education plan.5. The District shall hold harmless and provide District legal services in defense of such a case any individual unable to provide instruction to students who have no internet access.6. The District shall appropriately train staff regarding expectations for online assignments, online instruction, delivery of instruction, and assessments during any school building closure. 7. The District shall ensure staff have appropriate access to necessary technology and support for such technology. The District shall appropriately train staff regarding the use of necessary. 8. If the District reschedules school days for students that exceed the contracted workdays in the parties’ CBA, the District shall compensate bargaining unit employees as per the CBA, or, if the CBA doesn’t specify compensation for days worked beyond the school year, at the employee’s daily rate for each additional day of work beyond the contracted work year.9. The implementation of the continuity of education plan shall in no way, directly or indirectly, lead to a reduction in bargaining unit positions for the remainder of the current school year or in future school years.10. This MOU does not constitute a waiver of the bargaining unit work and serves as an extremely limited, one-time exception to the normal operating procedures pursuant to the CBA due to exigent circumstances. 11. This MOU shall not alter the terms of the CBA, except as set forth herein. All other terms of the CBA shall remain in full force and effect.12. The parties reserve all rights pursuant to the law and CBA and acknowledge the non-precedent setting nature of the MOU. 13. Any violation of this MOU will be subject to arbitration pursuant to the grievance-arbitration provisions of the CBA. Denver Classroom Teachers AssociationMemorandum of Understanding between School District No. 1 in the City and County of Denver, State of Colorado and the Denver Classroom Teacher AssociationThis Memorandum of Understanding (“MOU”) is made by and between the DenverPublic Schools (“DPS” or “District”) and the Denver Classroom Teacher Association (“DCTA”).Pursuant to Article 6-4 of the DCTA Master Agreement (“Agreement”), DPS and DCTA(collectively the “Parties”) agree to engage in interim negotiations as it relates to certainworkplace conditions related to the unprecedented COVID-19 pandemic. The parties recognizethe need to clarify certain provisions of the Agreement for the 2020-21 school year. Accordingly,the parties agree to the following:Commitment to Safety1. The Parties share a commitment to providing an educational program that supports theneeds of all students while ensuring a safe learning environment for students and staff.2. The Parties will continue to collaborate with Denver Health to determine which metrics touse for when the District should move between remote and in-person learning.PPE3. During the COVID-19 pandemic, the district agrees to provide access to personal PPEwhich includes access to face masks, face shields, and as appropriate gloves forprofessional use by every educator. Replacement of PPE should occur consistent withhealth official guidance and may occur upon request of an educator when personal PPEused for professional use is no longer adequate.4. For Center based special education teachers and staff additional PPE will be availablefor the purposes of supporting students with toileting needs and/or for students that havechallenges with wearing masks within the school day.5. For SSPs, additional PPE will be available, consistent with the highest level required toservice in-person students on their caseload, including but not limited to challenges withwearing PPE and maintaining distancing as well as ECE settings.Social Distancing6. The maximum number of students that can be within a room at any time must notexceed social distancing guidelines as determined by Denver Health.7. In order to promote social distancing and safety, all staff gatherings or meetings (Staffmeetings, coaching conversations, data team meetings, etc.) will be done virtually,unless approved by the Superintendent or designee in accordance with health guidelines. Teachers may be on site or off-site for these interactions with school leaderpermission.8. Small group instruction provides important and needed services to students and shouldcontinue. Whenever possible, these services can be delivered virtually as long asconsistent with IEP or 504 Team decisions. If in person, the use of social distancing andPPE should be utilized, such as plexiglass.9. Specialized Service Providers can provide services virtually to minimize potentialexposure between cohorts (as long as consistent with IEP or 504 Team decisions).10. In order to promote maximum safety and to provide time for covid testing, self-directedplanning time may be completed off site provided a school leader is notified.Heat Related Closure or Delays11. Principals will consult with their SLT when determining whether classroom temperaturesare too hot to safely hold in-person learning and whether moving to remote learning isnecessary to support student and staff safety.COVID Testing12. The district will provide access to free COVID-19 testing for asymptomatic employeeswho are school based or working in-person. Educators will be allowed to use noninstructional work time to be tested during the 40 hour work week.Sick Leave13. Pursuant to the Families First Coronavirus Response Act (“FFCRA”), eligible employeeswill be entitled to up to eighty (80) hours of paid emergency paid sick leave for reasonsrelated to the COVID-19 pandemic through December 31, 2020. Effective January 1,2021, pursuant to the Colorado Healthy Families and Workplaces Act, employees areentitled to take paid leave for certain public health-related reasons. If employees are inneed of additional sick leave due to COVID-19, an eligible employee will have access tosick leave bank balances prior to accessing any accrued benefit.Accommodations14. Educators may request an accommodation due to the COVID-19 pandemic consistentwith the procedures in the Employee Practices Manual.15. Educators may request a remote work arrangement due to the COVID-19 pandemic forsafety concerns consistent with the procedures in the Employee Practice Manual.16. Educators who exercise their rights under the American with Disabilities Act or thegovernor’s executive orders will not be retaliated against. Educators who believe that they have been a victim of or witness to retaliation may make a complaint by followingthe procedures in the Employee Practice Manual (pg. 7).Cohort Size17. Cohort size will be guided by Denver Health. DPS will continue the collaboration withDCTA in working jointly with Denver Health to discuss cohorts.18. The District will continue to collaborate with DCTA appointed representatives on plans tophase-in students (Ex: Center program and ECE) back to in-person learning.ECE proposals19. In addition to the Denver Health guidelines, ECE classrooms will include safetymeasures and PPE supports identified within early childhood licensing guidelines fromthe Denver Early Childhood Council.20. Should ECE teachers need more time to prioritize additional cleaning and disinfecting tocomply with health guidelines for COVID during non-instructional time, they may consultwith their SLT to prioritize and sequence activities within the teacher work week.21. The District will explore the option to provide a full remote option in response to parentrequest for ECE students if funding would be available.22. Due to the uncertainty of timing and format for the return of ECE students, ECE staff willnot be required to assume co-teaching duties in addition to serving their own ECE classand families.Teacher Facilities23. The District will establish protocols and procedures to ensure adherence to the safetyguidance as outlined by Denver Health to ensure appropriate social distancing, use ofmasks, and use of face shields occurs during instructional and non-instructionalactivities.SLT/DLT24. The SLT/DLT will collaborate on the best instructional practices forremote/virtual/hybrid/in-person learning including, but not limited to, the use of video tosupport student learning and coaching for teachers. The SLT/DLT will use the guidancein the District Return to School Plan. These decisions will be made consistent with theprocedures in the master agreement regarding SLT and DLT decisions.Professional Standards25. Educators may be directed to teach in a subject area for which they are qualified byvirtue of academic preparation and certification. Educators with licensure/qualification in a subject area but without recent experience providing instruction in the assigned subjectarea will receive training and/or coaching as appropriate to support the provision ofinstruction in the subject area of reassignment. These extenuating circumstances will betaken into consideration for evaluation purposes.26. The SEO In-Person Evaluation Design Team will recommend guidelines for bringingcertain students into district buildings for evaluation during remote learning.Evaluation27. The educator evaluation systems are designed to provide support and coaching, whichis true whether we are in remote, hybrid, or in-person learning.28. The Parties agree to amend Article 10-3-2-2 for the 2020-21 school year as follows:Probationary teachers shall receive a minimum of two observations and nonprobationary teachers shall receive a minimum of one formal full observation as definedand set forth in the LEAP Fairness Guide. Teachers may request additional observationsfor coaching and evaluation purposes.29. Appendices that reflect the considerations unique to virtual, hybrid, and in personlearning (under COVID restrictions) will be developed by the LEAP team in consultationwith the Peer Observer Team and reviewed by the LCC. Similar modifications will bemade for the SSP GPS system.30. All evaluators, teachers and SSPs will be trained and evaluators calibrated utilizing theappropriate appendix (virtual, hybrid and in person learning) prior to any evaluationbeing conducted.31. The SPS rating shall only be offered in Spring semester32. SLOs will not be used for evaluation during the 20-21 school year. Schools will continueto use data teams to assess student progress.SSP Work Spaces33. As stated in Article 15-2, each school will provide office space for specialized servicespersonnel which affords appropriate privacy to conduct conferences and testing.Student Discipline34. As stated in Article 18, the School Leadership Team will collaborate with the principal onthe design and implementation of a discipline plan consistent with Board Policies andRegulations and with District Guidance on Discipline during COVID-19.Substitutes35. SLT/DLT Contingency plans for substitutes may include plans for asynchronous learningdue to lack of substitute teachers.SSP & Special Educator Workload36. DLT/SLT will work with SSPs/Special Educators on workload calculations, which willtake into account the additional time required to accommodate the remote/virtual andhybrid learning modalities.Other COVID-19 Matters37. Educators will adhere to the DPS 5 - Health and Safety Guidance.38. Educators may be asked to wipe down desks and chairs in their classroom with districtprovided disinfecting products. SLTs will consider educator work time as they prioritizecleaning in relation to the health and safety guidelines when planning the schoolschedules.39. Educators may be asked to conduct required health screening of students, includingtemperature checks with touchless thermometers. SLT should work to limit healthscreenings by teachers to students in their cohort. Consistent with Article 8-7, SLTs willconsider educator work time as they prioritize health screenings when planning theschool schedules. The District will provide training and guidance for teachers and SSPsabout the proper and safe way to conduct the health screen.40. The Parties acknowledge that providing duty free lunch and assuring limited exposure ofadults to different cohorts can be highly complex and challenging. However, the SLT willdesign a schedule to accommodate a duty-free lunch at some point inside the studentcontact day; if they cannot, it will be provided outside the student contact day within the8 hour work day.41. SLT will designate coverage and physical spaces for educator breaks, when requested,to allow for educators to address personal, medical, and biological needs (e.g., pumpingbreast milk, menstruation, restroom needs, etc.).Equity42. DPS and DCTA are committed to justice and support for our BIPOC Educators. We willdevelop and implement an interest-based bargaining approach that is inclusive ofmultiple stakeholders, specifically our BIPOC educators. The group will discuss systemicracism and the effects of white-dominant culture upon our employees and studentswithin DPS and will prioritize altering contract language during bargaining to specificallyaddress microaggression, biases, and discrimination of BIPOC educators.Expiration of MOU43. This MOU shall expire without precedent at the conclusion of the 2020-21 school year orupon the expiration of the State of Emergency based on the COVID-19 pandemic asdeclared by the Governor, whichever occurs first, unless both parties mutually agreeupon an extension.Goffstown Educational Support Staff (NH)Effective March 23, 2020, the Superintendent, on behalf of and as duly authorized bythe Goffstown School Board (collectively “the School District”), and the GoffstownEducational Support Staff Association hereby agree to the following as a temporarywork plan in response to the COVID-19 Pandemic.1. The School District wishes to provide the custodial and food service staffsupplemental compensation to perform their onsite assigned work duties throughthe end of April. The additional compensation will be paid at $5.00 per hour foreach hour worked onsite. The Superintendent reserves the right to provideadditional supplemental compensation to staff who are required to work onsite atthe sole discretion of the School District.2. The School District may identify other support staff members who, in the courseof their assigned work, may be at a higher risk of being exposed to COVID-19.The School District retains the right to provide supplemental compensation tothose individuals as well.3. If support staff are required to work remotely, reasonable efforts will be made bythe School District to match their assigned duties as closely as possible to theirregular onsite duties.4. New duties will be created for support staff as the School District shifts itslearning and food service models.a. Some staff will be required to be onsite to carry out duties while others willbe required to work remotely.b. The School District will first seek volunteers from the pool of available staff(i.e. those who are not on protected leave, who have not sought andreceived approval for an accommodation and who have an approvedonsite work attestation) to carry out onsite duties. If there are not enoughvolunteers to carry out onsite duties, available staff will be asked, inreverse order of seniority, to participate. Any available staff who declineonsite duties will be considered unavailable to work and will not receivepay for that day.c. The School District will limit onsite staff who may present risk to otheronsite staff, including but not limited to: any who have been identified ashaving been in close contact with an individual who has tested positive toCOVID 19 or who has symptoms of COVID 19; any who have recentlytraveled outside of New Hampshire in the last 14 days; any who have notself-isolated except for obtaining necessities like groceries; any who havesymptoms causing them to feel unwell; and any who have a familymember with any symptoms causing them to feel unwell. Other risk factorswill be considered by the School District on a case by case basis.5. Staff who fall into a protected leave category including leave allowable under theFamilies First Coronavirus Response Act (FFCRA) shall follow normal leaverequest procedures. Absences shall be entered into Aesop and those needingleave under FFCRA or FMLA shall contact Kate Magrath, Human ResourcesDirector to discuss additional supporting documentation that may be needed.a. Those staff who are not ill but who are more vulnerable to COVID 19 (asidentified by the CDC) shall first use the Emergency Paid Leave under theFFCRA and then their accrued but not yet used personal and vacationleave. If the staff member is still unable to work after those leaves havebeen exhausted the District will continue to pay the staff member theircontracted hours through the end of April. At the end of April the Districtwill re-evaluate the status of the employee and whether or not theemployee will be required to then use sick time (if applicable) and or takeunpaid leave.6. Support staff will be expected to abide by all of the School District’s applicablerules and regulations (including but not limited to those related to confidentialityand professional conduct) while performing remote instruction. Any violations ofthe School District’s applicable rules and regulations may prompt disciplinaryaction.7. To the extent that support staff working remotely may be required to utilize theirown devices, support staff will take reasonable precautions, and will make allreasonable efforts to maintain the confidentiality of all student information.8. This MOU is intended as a temporary agreement only. It is not intended toestablish any binding past practice or precedent between the parties. Theparties agree to continue to work together, in good faith, to discuss and ifnecessary to modify this MOU as conditions necessitate.Hawaii State Teachers AssociationMEMORANDUM OF UNDERSTANDING BETWEEN STATE OF HAWAII BOARD OF EDUCATION AND HAWAII STATE TEACHERS ASSOCIATION (SY2020-2021 COVID-19 RESPONSE)This MEMORANDUM OF UNDERSTANDING (MOU) is effective as of [DATE] by and between the State of Hawaii, Board of Education and Department of Education (Department), and the Hawaii State Teachers Association (Association).WHEREAS, the parties agree that the coronavirus ("COVID-19") pandemic, has brought unprecedented challenges to our schools, our economy, and our families. In these challenging times, all of our employees, including teachers, have gone to extraordinary lengths to ensure some continuity of education to meet the needs of the whole child and to support students who depend on schools as a source of stability in uncertain times.WHEREAS, the Department must adjust to the Governor's Reopening Hawaii Plan in its considerations to reopen schools and in accordance with the five levels of impact of the public health emergency identified for the state.WHEREAS, the parties agree that health and safety of students and staff is the priority and thoughtful consideration of the Board's guiding principles of Giving Hope, Acting with Kindness, and Working toward Togetherness are the fundamental drivers to reopen schools.WHEREAS the parties remain fully committed to meeting the challenges of COVID-19; ensuring the health and safety of students and staff, providing students predictability to feel safe, secure, and hopeful about the future, and a quality education to be ready for college, careers, and citizenship.WHEREAS,The intent of this Memorandum of Understanding (MOU) is to: ? Communicate expectations related to the coronavirus {COVID-19) pandemic and ensure stability and continuity of education and school-based services;? Outline the 2017-2021 contractual modifications and conditions of work related to COVID-19 response for Bargaining Unit OS employees; and? Ensure teachers and the Union representatives' involvement in the continuous improvement of systems as the COVID-19 pandemic response evolves and changes through a mechanism for collaboration between Association as the exclusive representative of teachers and the Employer.THEREFORE,In-person schooling will resume in conjunction with written guidance from the State of Hawaii Department of Health {DOH). The Department will continue to monitor announcements from the Governor's office and the Department of Health daily to estimate the impact of COVID-19 on school programs at the start of and throughout the school year. The parties agree that the following will occur upon reopening of schools and resumption of in38 person schooling:1. Collaboration on COVID-19 responseThe Department and Association shall hold regular COVID-19 Response Meetings at least once a month, at the state level and at each worksite or school for the express purpose to discuss the continuous improvement of the response to COVID-19 at both the state and worksite level. The school-level meetings will involve the administration and representatives of the Association, including the Association Policy Committee. The scope of topics for discussion at COVID-19 response meetings may include, but not be limited to the following:a. Access to Schools and Health Checksi. The Department of Education will consult with and take direction from the Department ofHealth guidance for health and safety measures.ii. Each school and worksite will have a written procedure for health check screening ofemployees, students, and campus visitors;iii. Each school or worksite will minimize access and limit nonessential visitors, volunteers, and use of facility permits. Appointments may be required to properly schedule and maintain healthand safety measures;iv. The principal or designee shall restrict access to the campus for those individuals exhibiting any symptoms of illness;v. Each school and worksite will have a procedure for addressing employees, students, or campus visitors who become sick on campus or worksite. The procedure will include, but not be limited to, an isolation room, responsibilities of school health aide, administration, and staff;vi. Each school and worksite will require any student or staff member, who tests positive forCOVID- 19, provide medical clearance prior to any return to work/school; and,vii. Any health checks (e.g., temperature screening and/or symptoms checking) of staff will be done in a safe and respectful manner and in accordance with applicable privacy laws and regulations.b. Social and Physical DistancingEach campus and worksite will ensure proper physical distancing measures are utilized including, but not limited to, the following:i. Each campus, classroom, and office will have adequate supplies to support healthy hygienebehaviors, including soap, hand sanitizer with at least 60 percent alcohol (for staff and olderchildren who can safely use hand sanitizer), paper towels, tissues, and no-touch trash cans;ii. Hand sanitizing stations will be available on campus;iii. Schools and worksites shall work to minimize the risk of COVID-19 spread. This effort includes reducing opportunity for the spread of respiratory droplets released when people talk, cough, or sneeze, by maintaining six (6) feet or two (2) arms' length (whichever is longer) of separation between and among students and staff members in meeting spaces, hallways, and exterior school grounds whenever possible;iv. When possible, limiting class size and limiting mixing of groups;v. Utilizing large, non-classroom areas such as gymnasiums, libraries, and computer labs foradditional learning spaces;vi. Schools may install floor markings, signage and other implements as necessary to designatesingle points of entry and exit as well as regulate and direct foot traffic;vii. Schools may install physical barriers and signage and clearly publicize policies as needed to stop students from gathering in large groups before, during, and after the school day, however, must not hinder any need to evacuate the campus in cases of an emergency;viii. Should outdoor spaces be utilized, teachers shall have access to an enclosed classroom space, at all times, out of the heat and other inclement weather;ix. Should classroom spaces be utilized for meal times, students will be supervised for health andsafety. Supervision will be in compliance with Article VI, Y. Duty Free Lunch Period and Z. NonProfessional Duties;x. Schools should continue to promote student voice, civic engagement and responsibility asaligned to their school design model. Student activities are an integral part of the curriculumand should be continued with adherence to health and safety requirements while practicingnecessary social and physical distancing;xi. Options for contactless and/or remote sign in will be provided in compliance with Article VI, C. Sign In;xii. Each campus will designate and prepare a compliant space for conducting in-person parent and guardian meetings (e.g., individualized education plan conferences) with students and staffmembers; andxiii. All teachers will have the option to participate in any meeting, including but not limited tofaculty, department, grade level, evaluation, parent/teacher, and curriculum-related meetingsthrough teleconferencing.c. Personal Protective Equipment (PPE)i. All individuals, including employees, students, and campus visitors should wear face coveringsthat cover the mouth and nose consistent with public health guidance;a. All staff should use face coverings unless HIOSH standards require respiratory protection.b. Students should use face coverings.c. Teachers can use face shields, which enable younger students to see their teachers'faces and to avoid potential barriers to phonological instruction.ii. In circumstances where sufficient physical distancing is difficult or impossible, within 6 feet of others, face coverings should be worn; with exceptions for those for whom it is not safe to do so due to age, medical condition, or other considerations.iii. Employees whose assignment places them at greater risk for exposure to COVID-19 will beprovided appropriate personal protective equipment (PPE) (e.g., surgical mask, face shield, andgloves) at no additional cost;iv. Each teacher may, upon request, be provided a face shield and an adequate supply of facecoverings for students; and,v. If PPE supplies are not readily available, with a supervisor's approval, teachers may purchase their own supplies and shall be fully reimbursed when receipts are submitted.d. Cleaning and Disinfectingi. Teachers will not be_ required to clean or disinfect classrooms, or other non-professionalcustodial duties, which are not part of a teacher's job responsibilities;ii. The campus, classrooms, and offices will be cleaned and disinfected on a routine and frequentbasis in compliance with Article VI, U. Cleaning and Maintenance of Building and Article VI. ZNon-Professional Duties;iii. Surfaces frequently touched by multiple people such as tables, door handles, light switches,countertops, handles, desks, phones, keyboards, touch screens, chairs, arms of chairs, faucets,and sinks will be cleaned and disinfected at least daily to reduce the exposure to COVID-19;iv. Each campus, classroom, and office has adequate cleaning supplies, including disinfecting wipes and hand sanitizer. If supplies are not available, with supervisor's approval, and employeespurchase such supplies with their own money, they shall be fully reimbursed when receipts aresubmitted;v. Ensure ventilation systems operate properly and increase circulation of outdoor air. Openwindows and doors when possible. Do not open windows and doors if doing so poses a safety orhealth risk (i.e., risk of falling, triggering asthma symptoms) to children using the facility.vi. Impacted teachers will be notified of any Type I, II, and Ill use of facilities that involves their classroom or workspace. Use of facilities will only be authorized when proper cleaning and disinfecting of facilities can be implemented with fidelity immediately after each activity.e. Continuity of education plansf. Contingency plans for school building closureg. Communication with the school community2. Supports for Teachers and Continuity of LearningThe parties agree that the most effective instructional methods involve face-to-face, in-person programs. However, Hawaii's public schools do not have enough classroom space to allow all students to receive face-to142 face, in-person instruction with the necessary and proper physical distancing needed during the COVID-19 pandemic. Schools will need to implement distance and blended learning programs to ensure continuity of instructional programming for all students. The following support and facilitate distance and blended learning programs:a. Teachers will be provided ongoing support including equipment, internet access, guidance on use of online- learning platforms, and technical support.b. August 4, 2020 is designated as the first instructional day of school on the BOE-approved SY 2020 school calendar. Beginning the school year with physical distancing will affect all of our normal school routines. Therefore, training and planning will be prioritized for the use of the school campus.c. The first nine (9) days of instruction will consist of:i. Half days with students, including meal service, to complete the following: assess academic and social-emotional learning needs, conduct reviews, introductions, and to test and adjust to schoolwide and classroom protocols,ii. Half days with staff will be utilized to train, test and adjust protocols to keep learningenvironments productive and safe.iii. During the first nine (9) instructional days, teachers shall be provided no less than one (1) hour per day of teacher-initiated preparation.d. Planning and collaboration daysSchools that have scheduled the two (2) planning and collaboration days prior to the first day ofinstruction for teacher-initiated planning and to engage in grade level and department level discussions regarding modification of curriculum and/or student learning loss may keep these two (2) planning and collaboration days with the understanding that full days begin on August 17, 2020.e. Care Coordinators of students with special needsTeachers, who are care coordinators of students with special needs will be provided, during first quarter, no less than three (3) hours per student for preparation time to facilitate assessments and lead conversations on the need for any possible compensatory services and/or extended school year services. Scheduling considerations will be made for impact to instruction for special needs students.f. To ensure all schools can maximize student-learning time, the Department will seek a waiver from federally mandated testing from the United States Department of Education (USDOE) for school year 2020-21.3. Instructional Models for School Year 2020-2021Schools will need to modify their models of instructional delivery in school year 2020-21. The Department must meet the BOE directive "to provide instructional models and clear guidance to families that allow parents or guardians who do not feel comfortable sending their children to a school campus to keep their children at home."For purposes of determining each school's instructional model(s) and bell schedule for school year 2020, the following is agreed to and supersedes Article VI - Teaching Conditions and Hours, section DD Workload (teaching schedules) #4-8. All other provisions of the CBA shall remain in effect.Principals shall provide the faculty and staff the opportunity for a collaborative process as follows:a. All members of Bargaining Unit 05 will be notified of the opportunity to participate in a faculty discussion regarding instructional model(s) and draft bell schedule;i. For purposes of determining an instructional model and draft bell schedule prior to the start ofSY 2020-21 the collaborative process will take place in July and be voluntary.ii. For purposes of any need to modify the instructional model and draft bell schedule after the start of SY 2020-21, the collaborative process will occur during work time.iii. The opportunity to participate in the collaborative process will be communicated· to all members of Bargaining Unit 05 with at least 48 hours' notice. The notice will include copies of the proposed model and draft bell schedule changes.iv. Failure of an employee to participate will not prevent the adoption of one of the models below.b. The principal shall present an instructional model and draft bell schedule for consideration and discussion by the faculty. The model may be based on one of the models listed below or one created by the principal in compliance with the contract. Teachers will have the opportunity to present suggestions/or improvement during the discussion. The presentation shall include information on the following:i. Instructional model method;ii. Master schedule and line assignments changes needed to implement the model; and,iii. Bell schedule changes needed to implement the model (e.g. instructional periods per day, type of lunch schedule, prep time, and various miscellaneous admin time within the week);c. The discussion will be held in a collaborative manner allowing questions to be addressed and all points of view to be heard;d. For purposes of decision making, the principal and bargaining unit members in attendance will attempt to reach consensus on an instructional model and draft bell schedule; ande. If consensus is not achieved, then the principal shall put the model and draft bell schedule to a vote. An Association representative shall conduct the vote. Voting will conclude two (2) hours after the end of the discussion. Individuals' votes will be kept confidential from the employer. The model and draft bell schedule shall be adopted if approved by 66 2/3% of the faculty members voting. If the vote is not approved the principal shall select a model from the instructional models listed in this section.f. Instructional Models (see appendix A, Version 1, June 2020)1) Elementary School Modelsi. Model A: Face-to-Face Learning Modelii. Model B: Blended Rotationiii. Model C: Hybrid (Face-to-Face & Blended Rotation)2) Middle/Intermediate School Modelsi. Model A: Face-to-Face Learning Modelii. Model B: A/B Two-Day Rotation Modeliii Model C: Combination Rotation Learning Model3) High School Modelsi. Model A: Face-to-Face Learning Modelii. Model B: A/B Two-Day Rotation Modeliii. Model C: Hybrid (Face-to-Face & Blended Rotation)g. Boarding Schools and Multi-Grade Level Schools will select a model or combination of model(s) that best fits the needs of their school.4. At the end of the 2020-21 school year, bell schedules and instructional model changes will conclude and revert to the schedules originally slated for implementation in school year 2020-21, before COVID-19 response. This does not preclude a school from engaging in collaborative decision making to plan for modifications to the instructional model and/or bell schedule for the 2021-22 school year.5. Safeguards and Assurancesa. No Bargaining Unit OS positions will be eliminated because of any instructional model changes for SY 2020- 21 and the response to COVID-19.b. Teachers' privacy, health, and personnel records shall be protected in compliance with the American Health Insurance Portability and Accountability Act (HIPAA). Facial recognition and biometric identification technology will not be utilized unless employees have been informed and provided written and specific consent for use of the data.c. Teachers' privacy will be protected while engaging remotely with students.i. Recording of teachers without their permission is prohibited;ii. Teachers may be observed or monitored by administrators for professional support. Teachersmay also be observed with teacher consent by those who have coaching and mentoring responsibilities;iii. All monitoring or observation shall be conducted openly and with full knowledge of the teacher;iv. Teachers shall not be required to share their personal email or phone numbers to students,parents, or colleagues; and,v. Teachers may use approved digital platforms, which hide personal phone numbers, for messaging studentsd. Teacher Evaluation - Educator Effectiveness System {EES)For purposes of compliance with Article VIII - Teacher performance, Appendix IV, Teacher Evaluation and Board of Education Policy 203-4, implementation of the EES and consistent with the "Key Priorities for Implementing EES" (EES pp 1-2) will continue in school year 2020-21. However, in order to assess the impact of COVID-19 response, the EES Joint Committee will meet and provide recommendations to the Superintendent, no later than July 28, to address any modifications to the EES for school year 2020-21.e. At-risk Individualsi. Teachers will be provided information regarding access to employee assistance programs (EAP);ii. Teachers will be provided information regarding their right to request accommodations shouldthey have underlying health conditions or risk factors identified by the Centers for Disease Control and Prevention {CDC) as placing them at higher risk from COVID-19.f. For the duration of COVID-19 pandemic, the following leave provision adjustments shall be followed:i. Per the Family and Medical Leave Act (FMLA), should a teacher need to care for a family member who is ill due to COVID-19 or in a high-risk category, they may use their paid sick leave; and,ii. Teachers may utilize Emergency Paid Sick Leave Act (EPSLA) and/or Emergency Family and Medical Leave Expansion Act (EFMLEA).This Memorandum of Understanding may be modified or terminated by mutual agreement of the Employer and the Association and shall expire on June 30, 2021.Highline Education Association (WA)MEMORANDUM OF UNDERSTANDING 2020-21 REOPENING SCHOOLSPart A: Instructional Expectations & AssurancesIn March 2020, Highline’s dedicated educators and support staff were faced with thechallenging task of rethinking schools in response to an emerging global pandemic. As we moveforward into the 2020-21 school year, based on guidance from the Governor and OSPI,expectations and working conditions must be modified as described below in order to provide amore rigorous instructional model focused on serving the social, emotional and educational needs of all students, and particularly those who are furthest from educational justice.1. Staff will provide services during the scheduled workday: 8:00-3:30 (Secondary) & 8:45-4:15 (Elementary). Building level schedules will vary within the scheduled day.a. Directed work will take place during the 7.5 hour workday, exclusive of the 30minute duty free lunch.b. Professional responsibilities as managed by individual staff may fall outside of the7.5 hour day; when or if necessary, administration will collaborate with theemployee to find mutually agreeable meeting times to conduct business (e.g.,observation cycles, etc.).2. Within the 7.5 hour workday, staff will have individually-directed planning time, team-directed collaborative time, and other noninstructional time (before and after school), asoutlined in the charts below in order to support the instructional responsibilities of their job.Elementary Model MinutesM,T,Th,FW75 WAC (external planning)60 staff meeting/PL45 internal planning60 internal planning30 class meeting150 collaborative planning240 instruction30 lunch30 lunch120 instruction30 Wrap-up/family connection30 class meeting450 total450 totalSecondary Model MinutesM,T,Th,FW60 WAC (external plan)90 staff meeting/PL60 internal planning60 internal planning30 advisory/family connection35 advisory270 instruction150 collab planning30 lunch30 lunch85 small group instruction450 total450 total3. All teachers will provide both synchronous and asynchronous instruction using the districtapproved platforms which include, but are not limited to, Seesaw, Google Classroom, andZoom.4. The District will provide a menu of activities that provide guidance within each category ofminutes in the models above, and will include a suggested number of synchronousminutes online with students by grade band.5. Start times for synchronous instruction will be established within the daily school scheduleso that it is predictable for families.6. When introducing new material, staff will use screencasts, videos, recordings, or onlinelessons (“flipped learning”) to increase access to instruction.a. Lessons may be pre-created or be recorded during synchronous instruction.b. The district will provide recording platforms which will protect the privacy ofstudents and staff, and training for use of such platforms.c. Recordings will be maintained for ongoing use through the remainder of the schoolyear and then deleted.d. Recordings may be submitted as artifacts for the purposes of evaluations, but willnot be used as observations for performance evaluation unless requested by theeducator.7. Teachers will respond to all family and student communications (e.g., email and phonecalls) within 24 hours during business days and by the end of the school day wheneverpossible, with the understanding that interpreter involvement may take longer.8. The District will provide a streamlined process for educators to access interpreters,particularly for identified roles with more frequent use or need for interpreters.9. During a three-period day, secondary preps will be limited to no more than 2 when at allpossible. When not possible, the building principal will consult with the teacher regardingthe situation and the HEA president will be informed.10. Advisory structures at buildings may differ; however, assignment of advisory studentsshould promote and sustain relationships throughout the year.a. Advisory classes will not exceed 25 students per class. When possible, advisoryclass sizes should be smaller to facilitate deeper relationships and using allcertificated staff for advisory is one way to do that. Exceptions to the class size areallowable when explicitly for the intention of meeting the above stated goal andmaintaining specific site advisory program integrity (e.g., teacher has advisedsame group of students since Freshman year).b. Special education teachers will not be assigned advisory students who are not apart of the teacher’s case management load. Principals will consult with specialeducation teachers regarding the make-up of their advisory. If a teacher ofstudents with IEPs has a caseload greater than 25, then the teacher and principal(or designee) shall collaboratively decide which students from the caseload willmost benefit from inclusion during advisory.c. Advisory will not count toward the preps limit and total daily student count duringthe 2020-2021 school year.11. CBA elementary class size limits will be maintained.12. Class size limit and daily limits for the secondary three period day will abide by thefollowing guidelines.a. Individual class sizes should be 24-27 (28 triggers workload mitigation underSection 4.19.B.ii of the CBA) students so that transition into hybrid will cause theleast disruption to class rosters except for performance based classes in whichsize influences the success of the class. These classes may exceed the class sizelimit without overload compensation upon teacher request and notification of theHEA president.b. Daily class counts excluding advisory should not exceed 73 (74 triggers workloadmitigation under Section 4.19.B.iii of the CBA) students per quarter except forperformance based classes in which size influences the success of the class.These classes may exceed the daily limit without overload compensation uponteacher request and notification of the HEA president.c. Similar equitable adjustments shall be made for other secondary class size/dailyload numbers in the CBA, as long as such numbers are consistent with anyrequirements for health and safety of staff and students.13. The District will publish definitions of what counts as “attendance” consistent with OSPIrequirements, what that means for student expectations and equity for all students, andhow that will be documented by teachers and other school staff in a manner that minimizesthe impact on instructional time and focus.14. Technology access and support. The District will involve staff in deliberations andapprise staff of decisions concerning the availability of technological resources includingsoftware, hardware, delivery platforms, etc. related to the delivery of instruction during theremote and hybrid learning models, including resources for equitable access to universaldesign tools. The District will communicate the process for staff to request assistance andsupport for technological resources.15. Progress Reports, Grading and Assessment. The District will involve staff indeliberations and apprise staff of decisions concerning grading, assessment and reportingof student progress. Given the complexity and time involved in implementing the District’smodified educational program and the need to prioritize the creation of an equitablelearning environment within this modified program, assessments will be utilized asdetermined jointly by District and building administrators and staff teams/groups except as required by law. The Highline Assessment Team (HAT) may be accessed as appropriatefor issues related to assessments during our modified educational model.Part B: Evaluation1. Setting Expectationsa. Understanding that during a year when the mode of teaching and leading maychange quickly and multiple times, a formative stance will be most useful.b. Recognizing that the opportunities for providing/substantiating evidence in theusual ways may be restricted, and that with this, the absence of evidence for anindicator or component should not be cause for lowering a score.c. Acknowledging teachers’ and school leaders’ specific contexts (issues withinternet access, health concerns, children at home) when working remotely, andthe impacts these contexts have on their work.d. Honoring the importance of setting up (reasonable) expectations for teachers andschool leaders at the outset, and then ensuring robust supports are provided forthem to meet these expectations.2. For teachers who are scheduled for a Focused evaluation, the teacher and evaluator shallproceed with the regular Focused evaluation.3. For teachers and principals in years two and beyond who are scheduled for acomprehensive evaluation, the teacher and evaluator will decide on two criteria to beformally scored using evidence provided during the 2020–21 school year. The remainingsix criteria will be scored by assigning the score received in the most recentComprehensive evaluation. The two criteria will be proposed by the teacher and mutually agreed upon with the evaluator. The teacher can be moved to a regular Comprehensivecycle (all 8 criteria) if the evaluator or teacher provides notice in writing by December 15.4. For teachers in their first year of teaching in the District on a Comprehensive evaluation,the teacher and evaluator shall (a) use the traditional Comprehensive process (all 8criteria); or (b) determine at least two criteria to be formally scored using evidence providedduring the 2020–21 school year, and the remaining criteria will be scored “Basic” as defaultscore. Evaluators will use the language “default scores due to the circumstances of theCOVID-19 pandemic” where applicable.5. For teachers on a plan of improvement, the District and Association shall determinemodifications, if any, to the evaluation process on a case-by-case basis.6. For all evaluations during the 2020-21 school year, evaluators will not use drop-in visitsas meeting the minimum observation minutes for the evaluation process.Part C: Work Year Calendar1. For the 2020-21 school year, on the Collaboration day scheduled on November 6, inaddition to collegial collaboration, this day may be used for other employee-directed workto prepare for and develop connections with new cohorts of students and families.2. Three waiver days have been identified at the start of the school year (September 3, 4and 8). Half of the time (10.5 hours) will be for family connection and half of the time (theother 10.5 hours) will be for District-provided professional development for distancelearning. Employees may trade out up to 10.5 hours of the District-provided professionaldevelopment for distance learning completed in August for equal work time on September3, 4 and/or 8.Part D: Safety & Health1. Priority Commitments: Staff and student safety is the top priority of both HEA and HSDin the reopening of schools for the 2020-21 academic year, whether we are inviting staffand students back into school buildings for an in-person educational model or inviting onlystaff back into school buildings to access materials and/or teach students remotely.District-wide health and safety protocols will be designed to comply with requirements andguidance from all applicable public health agencies. Strict compliance with all relevantDistrict safety and health rules will be an essential function of each employee’s job.2. Plan Development: Each school building will have a worksite-specific reopening planwhich describes the modifications and protocols being adopted to limit, control andmitigate COVID-19 exposure for a safe and healthy work environment at that building. ThePlan will be developed in conjunction with District operations staff and, based on currentknowledge and public health guidance, will include, but not be limited to, modifications orprotocols for the following topics:a. Building access points and walking patterns;b. Use of shared spaces (e.g., offices, bathrooms, staff rooms), shared equipment(e.g., copy machines, refrigerators), and shared teaching materials (e.g.,manipulatives, textbooks, technological devices);c. Building access for volunteers, visitors and other guests;d. Staff and student screening and exclusion, and student isolation and supervisionif symptomatic at the school site;e. Communication and responses regarding staff or student exposure eventsconsistent with District protocols;f. Responses to staff or student breaches of safety protocols;g. Availability and access to all personal protective equipment (PPE) required for anemployee’s assignment, including alternative equipment necessary toaccommodate student or staff disabilities;h: Cleaning schedules and protocols between student or staff use of shared spaces(including classrooms, bathrooms, etc., and access to sanitizing supplies);i. Maximum occupancy and air quality standards for rooms in which staff and/orstudents are expected to work;j. Classroom furniture necessary to implement current public health requirements;k. Student and staff expectations for handwashing and use of sanitizer;l. Reporting mechanisms for concerns regarding plan content and compliance; andm. Communication of the building plan and anticipated timing of updates to the plan.3. Plan Communication: The Plan will be communicated to employees and the families ofstudents assigned to a District work site at least two weeks before such staff or students are expected to report to that site. Communications with staff, student and families will beavailable in the home language of the targets of the communication. Updates oramendments to the Plan may be important as scientific knowledge about the coronavirusgrows and guidance from public health authorities is modified. Such changes to the site-specific plan will be communicated to staff and students as soon as they are adopted andeffective.4. Plan Training: All staff, including substitutes, will be required to complete training on eachof the elements in the Plan relevant to the employee’s assignment, including opportunitiesfor walk-throughs. All students, including those who enroll after the first day of returning toschool, will be taught to comply with each element of the Plan relevant to students. Suchinstruction shall include, but not be limited to, opportunities to increase and assess studentunderstanding of the protocols before and upon return to school buildings.5. Plan Responsibility: Each work site shall have an administrator and an HEA-appointedsafety representative (COVID co-captains) who will share responsibility for monitoring,adjusting, and training on the Plan implemented at each site. Drafts of the Plan shall beshared with each site’s safety committee (Section 4.8.O of the CBA) prior to publication tostaff and students in order to solicit feedback, improvements, and ideas for successfulimplementation.6. Problem-solving Topics: The District and HEA agree to review screening protocols forstudents, when the opportunity for hybrid models for instruction emerge, to ensurecompliance with the latest public health guidance.Part E: Leaves & ReassignmentsCOVID-19 presents unique health, family, disability and staffing challenges for the District and its employees. The following provisions are included to provide clear, objective, and practical options for the District and the employees facing those challenges. In all cases, strict compliance with all relevant District safety and health rules will be an essential function of each employee’s job.1. Employees with COVID-19/Suspected COVID-19: Employees who have beendiagnosed with COVID-19, or are experiencing symptoms of COVID-19 and are seekinga medical diagnosis, may not come to work at a District work site and may access thefollowing benefits under the terms of the applicable collective bargaining agreement(CBA), District procedures or law:a. Emergency Paid Sick Leave (EPSL) under the federal Families First CoronavirusResponse Act (FFCRA), with supplementation up to the employee’s regular dailysalary if the employee’s salary exceeds the statutory EPSL cap ($511/day) byother paid leaves identified below;b. Family Medical Leave Act (unpaid leave except for continued health insurancebenefits);c. Leave for illness/injury/disability;d. Shared leave;e. Personal leave and/or vacation leave (only available under the terms of someCBAs);f. Washington Paid Family Medical Leave (PFML);g. Worker’s compensation (Under certain circumstances, claims from health careproviders and first responders involving COVID-19 may be allowed. Other claimsthat meet certain criteria for exposure will be considered on a case-by-case basis.)h. Unpaid leave of absence for the period of the temporary disabling condition;i. Long-term disability benefits; andj. Unemployment benefits.2. Employees Quarantined Due to Possible Exposure to COVID-19: Employees whohave been advised by a public health agency to quarantine at home due to possibleexposure to COVID-19 may not come to work at a District work site and may access thefollowing benefits under the terms of the applicable collective bargaining agreement(CBA), District procedures or law:a. Alternative assignment for work/services which may be provided from home, ifavailable and feasible (see paragraph 10 below);b. EPSL with supplementation up to the employee’s regular daily salary if theemployee’s salary exceeds the statutory EPSL cap ($511/day) by (a) paidadministrative leave if the quarantine was due to reported exposure at a Districtwork site; or (b) other paid leaves identified below if the quarantine was due toreported exposure elsewhere;c. Leave for illness/injury/disability;d. Personal leave and/or vacation leave (only available under the terms of someCBAs);e. Worker’s compensation (Under certain circumstances, claims from health careproviders and first responders involving COVID-19 may be allowed. Other claimsthat meet certain criteria for exposure will be considered on a case-by-case basis.)f. Unpaid leave of absence for the period of the quarantine; andg. Unemployment benefits.3. Employees Caring for Someone with COVID-19/Suspected COVID-19: Employeeswho are caring for an individual who is subject to quarantine because that individual hasbeen diagnosed with COVID-19, or is experiencing symptoms of COVID-19 and is seekinga medical diagnosis, may not come to work at a District work site and may access thefollowing benefits under the terms of the applicable collective bargaining agreement(CBA), District procedure or law:a. Alternative assignment for work/services which may be provided from home, ifavailable and feasible (see paragraph 10 below);b. EPSL with supplementation up to the employee’s regular daily salary if theemployee’s salary exceeds the statutory EPSL cap ($200/day) by other paidleaves identified below;c. Leave for illness/injury/disability or emergency;d. Shared leave;e. Personal leave and/or vacation leave (only available under the terms of someCBAs);f. Washington Paid Family Medical Leave (PFML);g. Family Medical Leave Act (unpaid leave except for continued health insurancebenefits);h. Unpaid leave of absence for the period of time the employee is unable to come towork at a District work site; andi. Unemployment benefits.4. Higher Risk Employees: Employees who are at higher risk of severe illness or deathfrom COVID-19 as that term is defined by the Governor’s proclamation may choose tocome to work at a District work site when required by the employee’s assignment or may access the following benefits under the terms of the applicable collective bargainingagreement (CBA), District procedure or law:a. Appropriate accommodations to meet the employee’s needs at the assignedworksite, or if such accommodations are not feasible, an alternative assignmentfor work/services which may be provided from home, if available and feasible (seeparagraph 10 below);b. EPSL with supplementation up to the employee’s regular daily salary if theemployee’s salary exceeds the statutory EPSL cap ($511/day) by other paidleaves identified below;c. Leave for illness/injury/disability or emergency;d. Personal leave and/or vacation leave (only available under the terms of someCBAs);e. Unpaid leave of absence for the 2020-21 school year; andf. Unemployment benefits.5. Higher Risk Individual in the Employee’s Household: Employees who themselves arenot at higher risk but have someone in the household who is at higher risk of severe illnessor death from COVID-19 as that term is defined by the Governor’s proclamation maychoose to come to work at a District work site when required by the employee’sassignment or may access the following benefits under the terms of the applicablecollective bargaining agreement (CBA), District procedure or law:a. Alternative assignment for work/services which may be provided from home, ifavailable and feasible (see paragraph 10 below);b. EPSL with supplementation up to the employee’s regular daily salary if theemployee’s salary exceeds the statutory EPSL cap ($200/day) by other paidleaves identified below;c. Leave for illness/injury/disability or emergency;d. Personal leave and/or vacation leave (only available under the terms of someCBAs); ande. Unpaid leave of absence for the 2020-21 school year.6. Employees with Children Impacted by School Closure: An employee who must carefor the employee’s child because of a school closure or unavailability of the care providerdue to COVID-19 precautions may choose to come to work at a District work site whenrequired by the employee’s assignment or may choose to access the following benefitsunder the terms of the applicable collective bargaining agreement (CBA), Districtprocedure or law:a. Alternative assignment for work/services which may be provided from home, ifavailable and feasible (see paragraph 10 below);b. EPSL with possible supplementation up to the employee’s regular daily salary ifthe employee’s salary exceeds the statutory EPSL cap ($200/day) by other paidleaves identified below;c. Emergency Family and Medical Leave (EFML) under the FFCRA (partially unpaid,and partially paid at 2/3 regular wages up to a maximum of $200/day) with possiblesupplementation up to the employee’s regular daily salary by other paid leavesidentified below;d. Personal leave and/or vacation leave (only available under the terms of someCBAs); ande. Unpaid leave of absence for the 2020-21 school year.7. Employees Who Cannot Wear a Face Covering or Other Required PPE: An employeewhose assignment requires work at a District work site and who cannot wear personalprotective equipment (PPE) required for the employee’s assignment, including but notlimited to a face covering, may upon presentation of appropriate documentation from theemployee’s health care provider access the following benefits under the terms of theapplicable collective bargaining agreement (CBA), District procedure or law:a. Accommodations identified through the interactive process of the Americans withDisabilities Act (ADA) and the Washington Law Against Discrimination (WLAD).b. Alternative assignment for work/services which may be provided from home, ifavailable and feasible (see paragraph 10 below);c. Leave for illness/injury/disability;d. Personal leave and/or vacation leave (only available under the terms of someCBAs); ande. Unpaid leave of absence for the 2020-21 school year.8. Employees Who Otherwise Choose to Not Work at a District Work Site Due toConcern for Safety: An employee whose assignment requires work at a District work siteand who does not fit within the conditions of paragraphs 1-8 above, may choose to accessthe following benefits under the terms of the applicable collective bargaining agreement(CBA), District procedure or law:a. Alternative assignment for work/services which may be provided from home, ifavailable and feasible (see paragraph 10 below);b. Personal leave and/or vacation leave (only available under the terms of someCBAs); andc. Unpaid leave for the 2020-21 school year, if an acceptable replacement can befound within sixty (60) calendar days.Employees who allege their workplace is unsafe are encouraged to immediately reporttheir concerns to their supervisor and/or the workplace safety committee. Such employeesmay in limited circumstances also have recourse through the Department of Labor &Industries under WAC 296-360-150.9. Employees Who Choose to Not Wear a Face Covering or Other Required PPE: Anemployee whose assignment requires work at a District work site and who does not havea documented inability to wear PPE required for the employee’s assignment, including butnot limited to a face covering, but nevertheless does not wish to do so, may choose toaccess the following benefits under the terms of the applicable collective bargainingagreement (CBA), District procedure or law:a. Alternative assignment for work/services which may be provided from home, ifavailable and feasible (see paragraph 10 below); andb. Personal leave and/or vacation leave (only available under the terms of some CBAs).10. Alternative Work Assignments Provision One: When an employee’s assignmentrequires work/services at a District work site and the employee cannot, or chooses to not,work at a District work site, the District will attempt to accommodate these circumstancesby assigning the employee different job responsibilities or available work that can beprovided remotely from home on the condition that the employee is qualified, preparedand willing to provide such services. When choosing from among multiple employees forthe same available assignment, the District will prioritize employees in the following order:a. Employees who hold the appropriate training, licensing, endorsement or otherqualifications for the position;b. Employees quarantined due to possible exposure to COVID-19;c. Employees caring for someone with COVID-19/suspected COVID-19;d. Higher risk employees or employees with a higher risk individual in the employee’shousehold;e. Employees with children impacted by school closure;f. Employees who cannot wear a mask or other required PPE;g. Employees who fall within a group identified by the CDC as needing extraprecautions;h. Employees who choose to not work at a district work site due to concern for safety;andi. Employees who choose to not wear a mask or other required PPE.If two or more employees have equal priority under the conditions above, the District willuse District seniority to make the assignment. If a remote assignment is created andassigned to an employee with the expectation that it will continue for the entire schoolyear, the District will not be required to reassign employees previously awarded suchassignments in order to accommodate remote assignments for other employees whoseneed for an alternative assignment arises later in the school year.11. Alternative Work Assignments Provision Two: To maximize the District’s options formeeting the educational, social and emotional needs of students in the unusualcircumstances of the 2020-21 school year, the Association and District agree to thefollowing limited opportunity for temporary reassignment of employees:a. An employee may be temporarily assigned to provide services outside theemployee’s normal job description if work within the employee’s job description isunavailable due to the temporary closure of school facilities;b. Such employee may only be assigned to perform work for which the employee isappropriately trained, licensed (if applicable) and prepared to perform;c. Such assignment shall not, without the employee’s agreement, exceed the hoursnormally assigned to such employee;d. Such employee shall be paid the regular salary, wages and benefits the employeewould receive from the employee’s normal assignment;e. Such employee’s temporary assignment may not result in displacing any otheremployee performing services within their regular job description;f. Such employees shall not without appropriate compensation be assigned jobduties associated with job classifications with a higher rate of pay than theemployee’s rate of pay;g. Such temporary assignments may, with advance notice to the Association, includea reassignment of employees (a) to work within the jurisdiction of anotherbargaining unit, or (b) from other bargaining units to work residing within thejurisdiction of this bargaining unit; provided, the other bargaining unit agrees tosimilar provisions, and further provided that union dues, if any, paid by theemployee will continue to be paid to the representative of the employee’s originalbargaining unit;h. The temporarily reassigned employee retains a right to return to the employee’soriginal assignment upon resumption of normal school operations, subject toexisting contract rights of the District to reduce the workforce and/or reassignemployees within the same bargaining unit; andi. This provision applies exclusively to the assignments and job duties of HEA-represented employees, unless agreed to by other bargaining units. HEA-represented employees will not be assigned job duties performed by jobclassifications in other bargaining units without the agreement of any affectedbargaining unit(s).12. Possible Limitations: All the contractual, insurance and statutory leave benefitsreferenced above have specific rules or external agencies that govern their application,and the terms of this agreement will be interpreted consistent with those rules andagencies. Some of the leave entitlements may require documentation from a health careprovider under the terms of the CBA, District procedure or law. The leave entitlementswithin the FFCRA (both EPSLA and EFMLA) currently expire December 31, 2020, and theparties agree to meet prior to that date to reconsider whether the leave entitlements abovewill be amended. The parties also agree to meet and review any necessary changes tothis agreement if or when legally-applicable definitions of “high risk employees” change orexpire.Part F: Problem-Solving Process1. HEA and HSD recognize that the challenges faced by educators, students and familiesduring this crisis are constantly evolving. Working more closely together in a nimble,powerful problem-solving mode has been, and will be, our most successful method forsupporting our educators and families during this crisis. For issues which are unanticipatedor require additional information unavailable to us at the time this MOU was negotiated,the parties agree that we must continue more frequent conversations to determine thebest solutions to problems as they arise. The team which developed this MOU (the impactbargaining team) will reconvene in September and periodically thereafter to discuss issueswhich have arisen since the last time we met, and at least two weeks prior to a transitionbetween remote and hybrid educational models. Distance learning and hybrid educationalmodel issues will be a standing topic for all labor-management meetings, and the labor-management team may call for additional ad hoc meetings of the impact bargaining teamat any time.2. The following issues have been identified as topics we are committed to monitoring andadjusting our expectations or solutions for as necessary during the first quarter of theschool year:? Expectations for the use of time in the elementary and secondary distance learningmodels described in Part A above;? Workload impacts of, and use of non-teaching staff for, tracking attendance andconnecting with students who are absent;? Timing of and transition between phases of educational models (e.g., remote tohybrid).3. The District values, encourages, and recognizes the importance of staff professionalismin implementing the District’s modified educational program to best meet the needs of theirstudents. The District acknowledges this professional discretion and commitment willresult in practices that vary from one teacher to another within the parameters of theDistrict’s guaranteed and viable curriculum.4. The parties recognize the complexity and difficulty in implementing the District’s modifiededucational program and express our commitment to continued collaboration, seekingbalance in program design, and maintaining reasonable expectations for all staff in theirrespective roles.5. Consistent with our commitment to solve problems at the lowest-level possible, we sharean expectation that administrators and staff will work closely to solve situational problemsand address specific workload concerns by taking concrete steps intended to addressthese concerns. In the event this does not resolve the problem or concern, thesestaff/administrator groups will reach out to the HEA-HSD labor management team forsupport in reaching a solution.Part G: ConclusionThis MOU is not precedent-setting and is intended to address the specific and unprecedentedCOVID crisis. This MOU applies to all HEA represented employees. All matters arising under this MOU shall be governed by and construed under and in accordance with the laws of the State of Washington. If any part of this Memorandum is invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. Disputes relating to this Memorandum will be subject to the grievance and arbitration provisions of the Collective Bargaining Agreement. This Memorandum of Understanding will remain in place for the duration of the 2020-2021 year or until such time as normal school operations resume. All other provisions of the Collective Bargaining Agreement remain in full effect. Hinsdale High School Teachers Association (IL)MEMORANDUM OF UNDERSTANDING REGARDING COVID-19 SCHOOL RE-OPENING PLANS 2020-2021This Memorandum of Understanding ("MOU") is entered into by and between the Boardof Education of Hinsdale Township High School District No. 86 ("the Board") and the HinsdaleHigh School Teachers Association ("HHSTA") (collectively, the "Parties").WHEREAS, on March 9, 2020, Illinois Governor Pritzker declared all counties in Illinoisas disaster areas due to COVID-19, this declaration was subsequently extended and reissued, anda subsequent version of such declaration remains in effect for part or all of the territory of theSchool District as of the date of this MOU and may be further extended or reissued (the "DisasterProclamation"); andWHEREAS, pursuant to Section 7 of the Illinois Emergency Management Act and powersgranted under the Illinois Constitution and statute, the Governor ordered the closure of all publicand private K-12 schools in Illinois through the end of the 2019-2020 school year and directedschools to implement remote learning; andWHEREAS, on June 26, 2020 and July 24, 2020, the Governor issued Executive Orders2020-44 and 2020-46 allowing schools to reopen for in-person educational purposes for the Fall2020 semester in accordance with Phase 4 of the Governor's Restore Illinois plan; andWHEREAS. guidance and recommendations related to the reopening and operation ofschools for the duration of the pandemic have been issued and will be issued by the IllinoisDepartment of Public Health ("IDPH"), and the Illinois State Board of Education ("ISBE"), andWHEREAS, the ISBE has provided and will continue to provide guidance to Illinoisschool superintendents and their districts on issues related to reopening schools in the Fall of 2020, including guidance emphasizing the recommencement of in-person learning for the Fall 2020 semester, but authorizing school districts to include within their remote and blended learning plans a process for remote learning options to occur simultaneously with in-person instruction, and suggesting consideration of planning for remote instruction for certain student populations for medical reasons; andWHEREAS, the Superintendent has developed, with the assistance and input from theHHS TA, a plan to reopen schools (the "Reopening Plan") for the Fall of 2020 and such Plan wasshared with the HHSTA; andWHEREAS, portions of the Reopening Plan impact the HHSTA members' wages, termsand conditions of employment and, as a result, the HHS TA, pursuant to its rights under the Illinois Educational Labor Relations Act, demanded to bargain said impact of the Reopening Plan; andWHEREAS, the Parties have met and bargained in good faith the impact of the ReopeningPlan; and WHEREAS, the Parties wish to memorialize the understandings reached between them asa result of the impact bargaining related to the Reopening Plan; andNOW THEREFORE, notwithstanding any provision(s) of the current CollectiveBargaining Agreement (the "CBA") between the Parties, the Parties agree to the following:1. Assigned Instruction Period. During the period of time that the District is operatingpursuant to the Board-approved COVID-19 school calendar, the term "AssignedInstructional Period" as used in the CBA shall be defined as a period ranging between 25-75 minutes depending on the model being utilized (remote, hybrid - no lunch, hybrid -lunch) and based on the recommendation of the Recover-Revitalization Restored Team inconsultation with the HHSTA Joint Executive Board, on a regular basis.2. Plan Periods. Each full-time instructional Employee, absent unusual circumstances suchas test proctoring, assemblies, and pep rallies or shortened weeks, shall have the equivalentof ten (10) full length fifty (50) minute plan periods each week.3. "Late Start" Days. Late Start days will be suspended during the period of time thatthe District is operating pursuant to the Board-approved COVID-19 school calendar.4. Internal Substitutes. If there is a need for internal substitutes, the Administration shallfirst seek volunteers. If there are not a sufficient number of volunteers, Employees may beassigned by the Administration as internal substitutes but only during periods when theydo not have an assigned class of their own. The assignments of Employees on aninvoluntary basis shall be done on a fair and equitable basis.a. If a class is being taught remotely by a teacher, the pool of Employees chosen onan involuntary basis to monitor students as a line-of-sight substitute will beexpanded to include qualified and available District Employees and not justmembers of the Association.b. If an Employee has been asked to substitute more than four ( 4) times involuntarilyduring a semester, the HHST A Joint Executive Board and Superintendent willreconvene to discuss how to revise the involuntary internal substitute policy.c. If an Employee substitutes for fifteen ( 15) or more consecutive school days in thesame class, the Employee shall receive compensation in accordance with Sections10.6 or 10.7 of the CBA, whichever is applicable, and such payment will be appliedretroactively back to the first day of the fifteen (15) or more consecutive schooldays in that class. This section c. of this MOU does not apply when the Employeeis acting as a line-of-sight substitute while the instruction is provided remotely byanother Employee. Line-of-sight substitutes shall be paid the internal substituterate regardless of the number of consecutive days serving in the position.5. Discretionary Unpaid Leave. For circumstances related to COVID-19 and during the2020-2021 School Year only, the Board may, at its discretion, grant an unpaid leave of absence to a tenured Employee provided the Employee provides a minimum of two (2)week's written advance notice.6. Teacher Performance Evaluations. For the 2020-2021 school year only:a. Tenured Teachers: Performance evaluations are hereby waived for all tenuredteachers during the 2020-2021 school year. All tenured teachers, regardless ofwhether they were scheduled to be formally evaluated during the 2020-2021 schoolyear will receive a summative rating equal to the rating they were issued on theirimmediately prior formal performance evaluation. A tenured teacher who receiveda summative rating lower than Excellent on his/her immediately prior formalperformance evaluation will be formally evaluated pursuant to the District'sTeacher Evaluation Plan if requested by the teacher. Such request should bedirected to the teacher's direct supervisor.b. Non-Tenured Teachers: Performance Evaluations will be conducted during the2020-2021 school year pursuant to the District's Teacher Evaluation Plan.7. Future Discussions. Unless the Parties mutually agree that it is not necessary, the Partieswill meet again no later than August 28, 2020, to assess whether additional issues need tobe addressed.8. Effective Date and Term. This MOU is effective immediately upon the receipt ofsignatures of and ratification by both parties. This MOU is 11011-precedential, shall not bedeemed to establish a past practice and will not be binding or enforceable in any SchoolYears other than the 2020-2021 School Year.Kiona Benton Secretaries Association (WA)MEMORANDUM OF UNDERSTANDING BETWEEN KIONA BENTON SCHOOL DISTRICT AND THE KIONA BENTON SECRETARIES ASSOCIATION (WA)The Kiona Benton School District (“District”) and the Kiona Benton Secretaries Association (KBSA), the “parties,” share an interest in maintaining the health and safety of all members of the Kiona Benton school community. The parties acknowledge that changes in working conditions will be necessary due to the state-mandated closure of schools and herby agree to the following:1. No employee on a continuing or leave-replacement contract shall lose pay as a result of theschool closure(s) related to COVID-19.2. Any employee who is deemed to be an Essential Employee for continuing operations by thedistrict and is required to work during a federal, state or county State of Emergency will beentitled to $2.00 per hour addition to their base pay while they are required to be at the worksite. This status would not apply to employees working at home or another employee-chosenalternative site.3. No personal, sick or unpaid leave shall be deducted from an employee under the followingconditions:a. If an employee is directed by a health professional or agency to be quarantined, eitherbecause of close contact with a person with confirmed exposure to COVID-19 or becausethey have tested positive for COVID-19.b. If an employee falls into one of the health-related high-risk categories (over 60,underlying health conditions, weakened immune system, pregnant, or other as definedby public health agencies) or who are required to be in contact with people with theaforementioned conditions. This will also apply if these individuals need to remain awayfrom the workplace for COVID-19 related reasons after District-wide resumption ofnormal school operations at the end of the mandates closure. The District may seekverification of these employees’ high-risk status.c. If an employee has recently returned from one of the Level 3 countries and has proof oftravel (airline receipt/ticket).d. Employees who went on leave that would be deemed paid Emergency COVID-19 Leaveeligible prior to this agreement and after the closure of school Friday, March 13, 2020will have any regular leave used reinstated.e. All leave for impacted employees shall be coded as a paid Emergency Covid-19 Leavewhich shall not be deducted from any of the employee’s other leaves.4. An employee who suspects they are ill from Covid-19 and is unable to work onsite or remotely due to their illness shall be granted five (5) days of District paid Emergency Covid-19 leave. If the infection is not confirmed as Covid-19, any additional sick leave days shall be deducted from their personal sick leave balance or remaining leave balances. An employee may also request shared leave.5. Employees who were eligible for insurance benefits prior to the Covid-19 pandemic shallmaintain their benefits and the employer paid portion of the monthly premium.6. The District will follow OSPI guidelines for waivers related to COVID-19. The school year will be extended to June 19th, or other date if mandates by OSPI. Employees will not lose any pay and shall not have to perform additional work for days that are waived.7. The District will assist in community and nation-wide efforts to limit the spread of COVID-19by encouraging social distancing and having employees work remotely to the largest extentpossible.8. The District shall utilize school email, the District website, social media sites, andcommunication directly to the KBSA President to communicate updates of COVID-19 relatedinformation.9. The District will provide end of year staff performance evaluations by June 10th consistentwith the collective bargaining agreement and/or OSPI directives. Employees will not beevaluated on duties performed during the period of school closure.10. The District will ensure that recommended safety protocols are in place at each worksite forany employees that must perform work onsite. Employees are not required to clean or sanitize;however, these supplies will be available for their use.11. Employees will adhere to the following work expectations:a. Unless onsite work is absolutely necessary, employees will complete their work remotelyin a location of their choosing throughout the closure in consultation with theirsupervisor.b. If necessary, to complete their duties, employees may enter and work in buildings usingsocial distancing during the closure unless notified of school closures for deep cleaning orother reasons.c. Employees who work remotely will be expected to provide the same level of accessibility,time and attention to their duties as those who choose to work onsite.d. Employees can flexibly work their FTE hours as long as they adhere to (e).e. Employees will use the appropriate leave if unable to complete duties as described inthis section.12. If an employee cannot perform their duties and needs to take any kind of leave, they willcontact their building administrator.13. This agreement will be reviewed as necessary if requested by the District or the Associationthroughout its use.This MOU shall be in effect for the remainder of the 2019-20 school year and shall end August 31, 2020. All other provisions of the collective bargaining agreement remain in full effect.Dated this 20th day of March, 2020Lemon Grove Teachers Association (CA)MEMORANDUM OF UNDERSTANDING BETWEEN THE LEMON GROVE SCHOOL DISTRICT AND THE LEMON GROVE TEACHER ASSOCIATION REGARDING COVID-19 CORONAVIRUS AND OPENING SCHOOLS FOR THE 2020-21 SCHOOL YEARAugust 6, 2020The Lemon Grove School District (“District”) and the Lemon Grove Teachers Association(“Association”), jointly known as the Parties (“Parties”) enter into this Memorandum ofUnderstanding (“MOU”) regarding the issues related to the coronavirus COVID-19 and theopening of schools for the 2020-2021 school year.As of the date of this MOU, the Parties recognize that the COVID-19 pandemic necessitatessignificant modifications to the operation of schools to minimize the health risks associated withCOVID-19 infection for all students, staff, and their families while also providing equitableaccess to education for students.The District and Association agree to meet and negotiate when there are modifications needed tothe MOU during the pandemic impacting unit members’ terms and conditions of employment.The Parties shall consist of the District and Association Bargaining Team. The AssociationBargaining Team members shall be paid at the rate of $35 per hour when negotiating meetingsoccur outside of contract hours, retroactive to July 1, 2020. LGTA bargaining unit members willbe compensated for time spent during the scheduled negotiating sessions set forth in the calendarinvites and three (3) additional, superintendent approved dates according to CBA. No additionaldays will be allowed for bargaining unit members for negotiation preparation as set forth inArticle 4 of the CBA for the 2020-2021 school year.Preparation Time: 22 hoursJuly 10: 6hJuly 13: 6hJuly 14: 3hJuly 15: 3hJuly 30: 4hNegotiations with LGSD: 36 hoursJuly 27: 8hJuly 29: 8hAug 3: 2.5hAug 5: 10hAug 6: 7.5The provisions of this MOU supersede any previous MOU related to Distance Learning and shallsupplement and/or modify the Parties’ current Collective Bargaining Agreement (“CBA”) for theduration of the 2020-2021 school year, or until modified by mutual agreement of the District andthe Association. All provisions of the Parties’ current CBA that are not addressed or modified bythe terms of this MOU shall remain in full effect.The Parties agree to the following:DEFINITIONSa) “Workspace” – any location where a unit member can reasonably be expected to berequired to perform assigned duties.ARTICLE 13 SAFETYI. Adherence To Health GuidanceThe District and LGTA unit members shall adhere to all health and safety guidelines and ordersas required by law and the most current in effect, pursuant to federal, state, and local agencies forpublic school districts, including the following: County of San Diego - Order of the HealthOfficer, California Department of Public Health (“CDPH”) “COVID-19 and ReopeningIn-Person Learning Framework for K-12 Schools in California, 2020-2021 School Year” datedJuly 17, 2020 (“COVID-19 Reopening Framework”), CPDH “COVID-19 Industry Guidance:Schools and School-Based Programs” updated August 3, 2020 (“COVID-19 IndustryGuidance”), CDPH “Guidance for the Use of Face Coverings” dated June 18, 2020, andapplicable Centers for Disease Control and Prevention (“CDC”) guidance for schools.The Parties acknowledge that the mandatory health and safety guidelines applicable to publicschools are constantly changing and evolving. The District shall post on its website the currentguidelines and orders that are applicable to school districts and their employees.The Parties acknowledge that any health and safety guidelines that are updated following theexecution of the MOU shall go into effect immediately upon their effective date and willsupersede any language in this MOU that conflicts with such updated guidelines. The Partiesagree to promptly meet and negotiate any changes needed to the MOU that impact unitmembers’ working conditions.J. Personal Protective Equipment (“PPE”) /Face Covering1. Both parties agree to follow all health and safety guidelines and orders required byfederal, state, and local agencies regarding the use of face coverings.2. No unit member shall be required to bring their own PPE to their on-site work location.K. Face Covering Requirements/Masks1. Face coverings are required to be worn properly (covering mouth and nose) according toall public health and safety guidance.2. Masks and face shields are strongly encouraged for children age 2 through grade 2, withthe exception of students with special needs.3. In accordance with the COVID-19 Industry Guidance, students who refuse to wear a facemask will be subject to the following:“In order to comply with this guidance, schools must exclude students from campus if they arenot exempt from wearing a face covering under CDPH guidelines and refuse to wear one provided by the school. Schools should develop protocols to provide a face covering to studentswho inadvertently fail to bring a face covering to school to prevent unnecessary exclusions.Schools should offer alternative educational opportunities for students who are excluded fromcampus.”L. Hand Washing Requirements1. The District shall comply with the following hand washing requirements:Hand sanitizer shall be provided at ingress and egress points on at each school campus. Theywill be placed on mobile carts for the site to place based on need.M. Protective Barriers/Protective ShieldingIndividuals not working in traditional classrooms but who must interact with students andfamilies shall have a Plexiglas or similar barrier between their workstation and the public.Individuals including but not limited to social workers, psychologists, nurses, RSP, SLP.O. Physical DistancingClassroom/Instructional/Academic Learning SpacesIn accordance with COVID-19 Industry Guidance, the District shall comply with the followingphysical distancing inside classrooms:“Maximize space between seating and desks. Distance teacher and other staff desks atleast six feet away from student desks. Consider ways to establish separation of studentsthrough other means if practicable, such as, six feet between desks, where practicable,partitions between desks, markings on classroom floors to promote distancing orarranging desks in a way that minimizes face-to-face contact.”Should the District determine due to health and safety considerations the need to stagger startand end times for cohorts, the District will not create longer or shorter workdays for unitmembers.P. Break Times/Student Recess DutiesSchool site administrators, in consultation with unit members, shall create plans and schedulesthat provide recess and break times for both students and unit members consistent with thefollowing:All recess and break times shall be designed to maintain physical distance requirements and tomaintain cohort stability in compliance with health and safety guidelines.All recess and break times shall be staggered to minimize the number of different people withwhom staff and students interact.Q. Staff Meetings and GatheringsIn-person meetings shall be eliminated during the pandemic unless required by law or for arequired accommodation (including but not limited to, staff meetings, 504s, IEPs, SSTs,professional development, committee meetings, district meetings, staff gatherings, parentmeetings, and parent-teacher conferences) unless the District can ensure a minimum of six (6)feet of physical distance between all employees for the duration of the meeting and forentering/leaving the meeting. Virtual meetings will be scheduled during distance and hybridlearning models. In person meetings will be resumed when students are back to full-time on-sitelearning.Large in-person gatherings (i.e. school assemblies) are prohibited.R. Daily Cleaning and DisinfectingPursuant to the COVID-19 Industry Guidance, the District shall train bargaining unit membersregarding enhanced sanitation practices.Per the COVID-19 Industry Guidance, the unit members shall clean and disinfect frequentlytouched surfaces that are part of their individual workstation. Frequently touched surfaces intheir workspace include, but are not limited to: teacher keyboard, teachers desk, and personalitems. All cleaning supplies will be provided by MOS.If students need to move to other workspaces in a classroom, the space should be properlycleaned before and after its use by the supervising adult in, where small groups occur inelementary education, preschool and DIS providers (SLP, Psychs, SW, APE and AC).Full sanitization shall be conducted by trained personnel between morning and afternoonpreschool sessions.Each classroom air conditioning unit will have a high-quality filter as noted by Public HealthGuidelines.S. Health Screening, Testing, Notification, and Contact TracingThe District currently employs a registered School Nurse, whose job duties during theCOVID-19 pandemic include, among other duties, the following:● Oversee the health screening and notification of all individuals at each site impacted byCOVID-19, in accordance with CDPH guidelines.● Coordinate with the District and interface with the County Public Health Departmentwhenever necessary;● Coordinate care for any individuals that manifest symptoms associated with COVID-19;● Implement quarantine protocols; and train staff on effective hygiene practices includingbut not limited to hand washing, physical distancing, and PPE usage.The District will conduct symptom checks of students and employees for symptoms associatedwith COVID in compliance with the health and safety guidelines. The employees will conductself-initiated symptom checks and report any symptoms to the supervisor through districtprovided protocol.Health screening, notification, and quarantine protocols and procedures will be created by theDistrict prior to in-person learning occurring.Staff and students with any symptoms consistent with COVID-19 or who have had close contactwith a person (“close contact” as defined by health and safety guidelines and in consultation withthe County Public Health Department) with COVID-19 shall be sent home or sent to an isolationroom on site pending travel home or to a medical facility.Upon notification that an employee or student has been infected with COVID-19, the Districtwill support the coordination of contact tracing procedures in conjunction with the County PublicHealth Department. All persons who may have come in close contact (“close contact” as definedby health and safety guidelines and in consultation with the County Public Health Department)with the infected individual shall be notified. The District shall notify the Association Presidentof the school site where a positive test of a staff member or student is reported. In addition, the District will notify the unit members at the site. The District will follow its communicationguidelines regarding when an infection occurs on campus, in accordance with mandatory healthand safety public guidance.ARTICLE 14 HOURSV. Days and HoursWhether teachers are providing instruction with distance learning, hybrid learning, and thetraditional model are required to work the hours set forth in Article 14 of the CBA. Unitmembers shall report to work according to the bargaining unit member start time in the CBA,individual contract, or consistent with past practice. Should the District determine due to healthand safety considerations the need to stagger start and end times for cohorts, the District will notcreate longer or shorter workdays for unit members.School site protocols will be developed to minimize interaction of bargaining unit members,staff, students, and parents. The District encourages unit members to be on campus whenstudents drive by to pick up instructional materials at the beginning and throughout the year.W. In-Person Adjunct Duties, Committee Assignments, or Extra Duty WorkAny and all in-person adjunct duties, committee assignments, or extra-duty positions shall beminimized during distance learning unless such duties, assignments, or positions can bereasonably performed in a virtual setting.X. 2020-2021 Academic CalendarThe Parties agree to start the 20-21 school year with students on Wednesday, August 26th. Thefirst official report date for bargaining unit members shall be Thursday, August 20th. TheJanuary 4th professional development day will be moved to the start of the school year to allowfor an additional day of professional learning & collaboration prior to students returning.January 4th will now be a student instructional day. The last day of school for students shall nowbe June 16th, 2021. The last day for bargaining unit members shall now be June 17th, 2021.Y. Training Days or HoursStarting August 12th, the District shall provide voluntary, professional learning opportunities forstaff, paid at the hourly rate of $33.At the beginning of the school year, the district will provide one (1) day for Welcome Back andprofessional learning one, (1) day for staff meetings and site planning/grade level collaborationtime, one (1) day for Professional Learning and collaboration, and one (1) full day for teacherdirected planning time. These days are: August 20th, 21st, 24th and 25th.Z. Support TeachersThe schedule of instruction/services and responsibilities for part time unit members will remainin effect.ARTICLE 9 LEAVESIf a federal or state COVID-19 related paid sick leave is available for a unit member to use, suchleave shall be used first, prior to using any other leave provided by board policy, collectivebargaining agreement and/or federal or state law. All leave provisions in Article 9 of the CBAremain in effect for unit members to utilize during the COVID-19 pandemic impacting districtoperations.ARTICLE 7 TRANSFERS AND ASSIGNMENTSBargaining unit members providing service full-year distance learning model, Virtual Academy,may work remotely or may access and work from their assigned classroom/office workspaceduring regular school hours.If the District assigns unit members to work in a Virtual Academy Assignment for the entire2020-21 school year, the following procedures shall apply to the assignment of the VirtualAcademy Assignments.The District shall post and notify all bargaining unit members of Virtual Academy Assignmentsvia district email. The link to this interest form, contained in the district email, shall also beposted on the Internal Google portion of the District website. The distance learning interest form shall contain the title and brief description of the assignment, and a closing date which is at leastfive (5) calendar days following the original posting date of the distance learning interest form.ARTICLE 16 SALARYWhile working under any model, bargaining unit members who perform extracurricular dutiesshall continue to receive stipends and/or additional pay, as provided for under the CBA if theduties can and are performed.COVID-19 EXPOSURE AND COHORT/SCHOOL SITE CLOSURE/TRANSITIONINGTO DIFFERENT INSTRUCTIONAL PHASESThe District shall adhere to all health and safety guidelines and orders as required by lawpursuant to federal, state, and local agencies as it pertains to student cohorts.When a student, teacher or staff member develops COVID-19 symptoms, may be exposed toCOVID-19, or has COVID-19, the District shall adhere to the following health and safetymeasures set forth in the COVID-19 Reopening Framework:For scenario 3 in the above table regarding “Confirmed COVID-19 case infection,” the referenceto “exclude from school for 10 days” means “10 school days.”During any required period of quarantine for the unit member, the unit member, if medically ableto do so, shall be required to provide distance learning to students.Should a class and unit member be quarantined that requires a transition from a hybrid ortraditional model to full distance learning, the students shall receive a full distance learningprogram in accordance with SB 98. To allow the impacted unit member time to transition to,plan and prepare for the full distance learning model, such unit member is only required toprovide 30 minutes of synchronous instruction and may assign asynchronous activities for theremainder of the day when the transition occurs due to the quarantine.The District will transition between instructional phases in compliance with the health and safetyguidelines set forth in the COVID-19 Reopening Framework:● To the extent practicable, the District will implement changes to the instructional phasesto occur at the start of a school week.● When the District plans to move from a full distance learning model to a hybrid model,the District will provide 14-day advance notice to the Association President, starting onthe first day that the County is off the monitoring list. After the first seven (7) days ofbeing off the County monitoring list, the District will require teachers to move back totheir classrooms to prepare for the hybrid phase. After fourteen (14) consecutive days ofbeing off the County monitoring list, the first following Monday will begin the hybridphase.● At least 24-hour notice shall be provided to unit members by email or phone when theDistrict legally determines that it is safe for students and staff to return to schools fortraditional instruction.● When moving into quarantine (full distance learning), notice will be provided to unitmembers as soon as possible.TRAININGThe District will provide all the training for a safe return to work.ACCOMMODATIONThe Parties acknowledge that the interactive process may be required for employees with serioushealth conditions that heighten the risk of severe outcomes with COVID-19 as required by law.As a part of the interactive process, the District will explore reasonable accommodations with theemployee.ACCESS LIMITATIONSThe District shall minimize access to school sites, and limit non-essential visitors, facility usepermits, and volunteers.ARTICLE 21 NEGOTIATIONS PROCESSC. CONSULTATION RIGHTS AND RESERVE RIGHT TO FURTHER NEGOTIATEThe District and Association agree to meet and negotiate when there are modifications needed tothe MOU during the pandemic impacting unit members’ terms and conditions of employment.The Parties shall consist of the District and Association Bargaining Team. The AssociationBargaining Team members shall be paid at $35 per hour when negotiating meetings occuroutside of contract hours, retroactive to July 1, 2020. LGTA bargaining unit members will becompensated for time spent during the scheduled negotiating sessions set forth in the calendarinvites and three (3) additional, superintendent approved dates according to CBA. No additionaldays will be allowed for bargaining unit members for negotiation preparation as set forth inArticle 4 of the CBA for the 2020-2021 school year.The District shall add an addendum to the LGSD Parent Handbook for the 2020-2021 schoolyear to reflect current guidelines and expectations due to COVID-19. Parents and students willbe required to sign that they have acknowledged the school expectations and requirements in theCOVID-19 addendum.SCHEDULINGDistance LearningSample Preschool Teacher Schedule7:45-9:00Planning and IEP meetings (M-Tu-W-T-F) 9:00-11:00SEL daily check-in and core instruction (synchronous whole groupand small group via Zoom and asynchronous work for students) (M-Tu-W-T-F)11:15-11:45Lunch (M-Tu-W-T-F)11:45-12:15Program Monitoring and provide feedback on asynchronous work(M-Tu-W-T-F)12:15-1:15Team Meeting (MF); Planning and IEP meetings (Tu-T);Session team and all staff meetings (W)1:15-2:30Collaboration (M-Tu-T-F); Staff Meeting and PD (W)2:15-3:15Office Hours (M-Tu-T-F); Staff Meeting and PD (W)Sample Elementary TEACHER Distance Learning Schedule7:45-8:45Planning (IEP Mtgs as needed) (M-Tu-W-T-F)8:45-11:30SEL Daily Check in & Core Instruction (Synchronous whole group & small(Instructionalgroup via Zoom and asynchronous work for students) (M-Tu-T-F); SEL DailyBlock 1)Check in (Synchronous for at least 30 min. Students continue to participate inasynchronous work) Extra Planning (IEP Mtgs as needed) (W)11:30-12:00Lunch (M-Tu-W-T-F)12:00-1:15Core Instruction continues (Synchronous whole group & small group via Zoom(InstructionalAnd asynchronous work) *Must include synchronous designated ELD timeBlock 2)for Els (M-Tu-T-F); Ed Learn Wednesday (Students continue to participate inasynchronous work) Extra Planning time (IEP Mtgs as needed) May besite/district mtgs/collaboration/P D or site directed per approved ED Learnschedule (W 12:00-2:35)1:15-1:45Office Hours/Monitor & Provide feedback on work (Students continue toparticipate in asynchronous work) (M-Tu-W-F)1:45-2:35Site based Grade level Collaboration (M-F); PD, PAC, ILT, IEPs, etc (Tu-T)2:35-beyondAdjunct Committee responsibilities (SSC, PTA, etc) in accordance with pastPractice (M-Tu-W-T-F)Sample Middle School TEACHER Distance Learning Schedule8:05-9:05Planning (IEP Mtgs as needed) (M-Tu-W-T-F)9:05-10:35Period 1 - SEL Daily Check in & Core Instruction (Synchronous whole group& small group via Zoom and asynchronous work for students) (M-T Period 2, Tu-T Period 4); SEL Daily Check in (Synchronous for at least 30 min. Studentscontinue to participate in asynchronous work) Extra Planning (IEP Mtgs asneeded) May be site/district mtgs/collaboration/PD or site directed per approved ED Learn schedule (W 9:05-12:15)10:45-12:15(Same as above) (M-T Period 2, Tu-F Period 5)12:15-12:45Lunch (M-Tu-W-T-F)12:45-2:15(Same as above) *Must include synchronous designated ELD time for all Elsin ELA (M-T Period 3, Tu-F Period 6); Ed Learn Wednesday (Students continueto participate in asynchronous work) Extra Planning (IEP Mtgs as needed) Maybe site/district mtgs/collaboration/P D or site directed per approved ED Learnschedule (W 12:45-3:13)2:15-3:13Site based Grade level Collaboration (M-F); PD, PAC, ILT, IEPs, etc (Tu-T)3:13-beyondAdjunct Committee responsibilities (SSC, PTA, etc) in accordance with pastPractice (M-Tu-W-T-F)Distance Learning PKDuring the 2020-21 school year, when the LGSD schools are in a full distance learning phasethen the LGSD preschools will also be in a full distance learning phase. In accordance with theCalifornia Department of Education, Early Learning and Care Division and SB 98 guidelines,preschool teachers will deliver both synchronous and asynchronous instruction. Synchronousinstruction will be done daily, and the remainder of the day may be asynchronous.● Pre-K: minimum of 15 minutes per live zoom sessionDistance Learning TK-8During the 2020-21 school year, the workweek for all bargaining unit members shall include 4days of full instruction and one (1) minimum day of instruction (Ed Learn day). When studentsare not present on campus, they shall be engaged in rigorous distance learning.In accordance with SB 98, all content shall be aligned to grade level standards and provided at alevel of quality and intellectual challenge substantially equivalent to in-person instruction.○ LGSD staff will ensure that students receive live instruction and support, inaccordance with SB 98, in core content areas using district-adopted curriculum.○ All students will receive synchronous and asynchronous instruction and contentfor 5 hours a day, five days per week through interactive lessons○ Synchronous instruction is defined as live interaction and/or instruction via Zoom.○ Asynchronous instruction may include screencasts & videos used to deliverteacher pre-recorded instruction.In accordance with SB 98, all students will receive daily live interaction with the certificatedclassroom teacher and peers for purposes of instruction, progress monitoring, and maintainingschool connectedness.○ This daily live interaction shall be designed to meet the academic and socialemotional needs of students. Live interactive instruction should include contentthat requires student interaction with their teacher/classmates, content thatengages a student in making a response, content that engages students in a visualway, and provides the bargaining unit member opportunities to provide thestudent encouragement and feedback.○ LGSD staff will provide a live SEL daily check in with students to maintainschool connectedness and ensure the social and emotional well-being of students.○ LGSD staff will use Zoom for live interactions with students in whole group andsmall group settings for the purposes outlined above. Small groups shall bedefined as half, or less than half of the students enrolled in the class.■ The length of each live Zoom session should be sufficient to ensure theinstructional objective(s) are met and are appropriate for the grade level &scope of the lesson. See best practice guidelines below:● TK & Kinder: minimum of 15 minutes per live zoom session● Grades 1-3: minimum of 20 minutes per live zoom session● Grades 4-8: minimum of 30 minutes per live zoom sessionAny live virtual interactions/instruction is not permitted to be recorded by students or parents.The classroom teacher shall provide academic and other supports in distance learning that aredesigned to address the needs of pupils who are not performing at grade level, or need support inother areas, such as English learners, pupils with exceptional needs, pupils in foster care orexperiencing homelessness, and pupils requiring mental health supports.To support rigorous distance learning the first one (1) hour of every day of distance learning willbe reserved for bargaining unit member planning time which may include recording instructionalvideos for use in asynchronous instruction. This time may also be used for IEP meetings or 1:1meeting with the site administrator. An additional 30 minutes per day will be provided toteachers for office hours to monitor & provide feedback to students including, reviewing andproviding feedback on synchronous and asynchronous work or to answer questions, providesupport to students and parents via phone, email, and or other virtual platforms Additionally, thelast hour of every day (except the Wednesday Ed Learn day) shall be used for either site-basedgrade level collaboration or Professional Development/other required meetings as determined bythe site administrator. Up to 180 minutes of the Ed Learn Wednesday shall be used at the end of the day for Ed Learn Days to further support distance learning in accordance with the previouslyapproved schedule. The District will direct three of the four Ed Learn Days each month and oneEd Learn Day will be self-directed. In months with five Wednesdays, the 5th Wednesday will beself-directed.Bargaining unit members are expected to work and be available during their normal contractualwork hours and workdays. To provide students and parents with consistency and to avoidconflicts, the weekly schedule including live interactive instruction shall be scheduled during thesame times each week by the bargaining unit member. The bargaining unit member has theoption of posting the week’s assignments for parents and students by 3 pm the preceding Fridayor by 8 am Monday the week of, excluding holidays.The District shall ensure equitable access to education for all students and shall confirm and/ormake provisions so that all pupils have adequate access to connectivity and technological devicesto participate in the educational program and complete assigned work for grading and assessmentpurposes. The bargaining unit member will make the initial contact with students and with theparents of students who are not engaging in distance learning by the third consecutive day ofnonengagement, in accordance with SB 98. Teachers will be required to make at least two (2)documented attempts (e.g. phone calls or screen shots of digital communication showingevidence of parent reply) in compliance with guidelines provided by the District. If the studentcontinues to not engage in distance learning, the bargaining unit member will notify the socialworker and school site administrator.Workplace shall be available for all bargaining unit members at school sites and other Districtlocations as determined by the District. When the distance learning model is in effect, andstudents are not physically present at school for instruction or related services, then bargainingunit members will be provided the option to work remotely at the unit member’s choice,provided the unit member has access to their own reliable technology, internet and phoneservice. When technology or access concerns associated with remote working arise, the Districtmay require in person attendance for the unit member to deliver the distance learning model.Bargaining unit members providing service in a distance learning model may work remotely ormay access and work from their assigned classroom/office workspace during regular schoolhours. If a teacher chooses to teach from home versus teaching from their classroom, they will begiven that opportunity with performance accountability.The District can require unit members to report to the classroom if they are not adhering to therequired components (from SB98) for Distance Learning or not being responsive to parents,students, principals and/or district administrators. Teachers will need to be available duringcontracted hours by phone, email, and text.● In the event that expectations are not being met, the principals will explain to the teacherfirst verbally, then in writing on how the requirement or expectation is not being met,including what is needed to meet the requirement.● After the third instance of a teacher not meeting requirements with written notificationfrom the site leaders, the unit member will be subject to progressive discipline, includingoff-site teachers being required to teach distance learning on-site.● Any progressive discipline issued to unit members pursuant to this section, including butnot limited to the district requiring off-site teachers to teach distance learning on-site,shall not be subject to the grievance procedure in the CBA.Progressive discipline plan entails: the reasons teachers may be called back to campus includebut are not limited to:● Teachers not turning on their camera, they must always be on when working with staffand students.● Not responding to parents, students, and other staff members within 24 hours.● Not responding to an administrator within the workday.● Not showing up on time or remaining for collaborative planning and meetings.● Not completing duties related to data and assessment (by deadlines set by siteadministrator and district).● Not being accountable for IEP meetings and deliverables.Staff will receive one verbal warning, one written warning and then will return to the work siteon the third warning.The District shall provide all bargaining unit members the necessary equipment and supplies inthe classroom in order to provide distance learning, including but not limited to technology,laptop computers, display boards, video cameras, safety, and health requirements of this MOU.For bargaining unit members that choose to work remotely during a distance learning modelinstruction, the District shall provide the unit members with District-issued laptop computers.No technology support will be provided off-site unless such technology support can be doneremotely.All bargaining unit members, whether working remotely or on-site, are required to comply withDistrict Board Policy 4040, “Employee Use of Technology,” and Exhibit 4040, “Acceptable UseAgreement.” All bargaining unit members are required to sign and return Exhibit 4040 to theirsite administrators at the start of the school year.Distance Learning Accountability RequirementsIn accordance with SB98, the bargaining unit member shall document daily participation foreach student on each school day, in whole or in part, for which distance learning is provided. Astudent who does not participate in distance learning when assigned to do so shall bedocumented as absent by the distance learning teacher in Infinite Campus. In addition to takingattendance daily in Infinite Campus and in accordance with SB98, each classroom teacher shallensure that a weekly engagement record is completed for each student documenting synchronous and asynchronous instruction for each day of distance learning, verifying daily participation, andtracking assignments. Tracking of essential assignments and student progress should occur inGoogle Classroom for TK-6th grade and be used to communicate to parents regarding a pupil’sprogress. Middle school teachers should use the grading feature in Infinite Campus to track andassign grades and be used to communicate to parents regarding a pupil’s progress. InfiniteCampus has the capacity to communicate to parents automatically as teachers update theirgradebook. Again, teachers will dedicate 30 minutes per day to review and respond toasynchronous work and provide feedback to students.Each teacher (general education, special education & AMP) will provide a minimum of 3 hoursper day synchronous instruction except on Ed Learn days. On Ed Learn days each teacher willprovide a minimum of 30 minutes of synchronous instruction. Each TK-2 student will receive aminimum of 45 minutes of synchronous instruction per day. Each 3-6th grade student willreceive a minimum of 60 minutes of synchronous instruction per day. Each middle school thestudent shall receive a minimum of 30 minutes of synchronous instruction per class period. Inaddition and in accordance with SB98, English learners must receive designated ELD viasynchronous instruction four times per week for a minimum of 20 minutes each day.Synchronous instruction may be in whole group or small group settings. The length of the liveinteractive session via zoom should be long enough to accomplish the educational objective asdetailed in the previous section. AMP Teachers will be assigned to one (1) school per quarter.Teachers will communicate to parents on academic progress using a combination of thefollowing:● Evidence of attendance at live virtual instruction.● Completion and progress of regular assignments and/or assessments.● Formative/informal assessments (e.g. iReady, class discussion, etc.)● Summative assessmentsClassroom teachers, at preschool and elementary sites, shall communicate once a week withparents and guardians using Class Dojo. A communication platform for middle school will bedetermined at a later time by a middle school work group prior to Aug 20, 2020. All specialeducation service providers (special education teachers, speech and language, APE, etc.) willensure that at minimum, a portion of all IEP services is provided synchronously, and shouldequal a minimum of 3 hours a day of synchronous, live services (except on Ed LearnWednesdays).For all special education service providers and teachers, they will also have the first hour timeframe for planning, IEP meetings, and paperwork. They will also have the afternoon hour timeframe for collaboration, IEP meetings, planning and paperwork. In addition, they will follow thesame schedule as General Education teachers for Ed Learn Wednesdays, for a mixture of PD,planning, paperwork and IEP meetings.Social workers will provide support with attendance and reengagement strategies for studentswho are struggling to participate with long distance learning. In addition, social workers willassist with other duties as needed, such as: parent engagement and training services, SELcurriculum and activities, student support and DIS counseling services. Synchronous supportswill be provided as much as possible, which include phone calls and video conferencing. Socialworkers would have the choice to make home visits as needed while following the healthyguidelines issued by the district, provided they do not attend alone.Medi-Cal: All providers who have billable Medi-Cal hours will submit all applicable Medi-Calhours each week, using their hours provided for completing Medi-Cal billing, per their contract.Other Instructional PhasesSCHEDULINGTraditional PreschoolIf and when the LGSD schools return to a traditional phase, the LGSD preschool program willreturn to a regular traditional program also in accordance with all rules & regulations that governpreschool.Traditional TK - 8During the 2020-21 school year, the workweek for all bargaining unit members shall include 4days of full instruction on site and one (1) minimum day of instruction. Approximately 180minutes each Wednesday shall be used for Ed Learn Days. The District will direct three of thefour Ed Learn Days each month and one Ed Learn Day will be self-directed. In months with fiveWednesdays, the 5th Wednesday will be self-directed.Hybrid PhasesPreschoolThe Hybrid Model for Preschool shall be an AM/PM model. In the hybrid mode for preschoolteachers will have no more than 16 students per session.TK-8The Hybrid Model for TK - 8 shall be a Split Week model. In the hybrid model the classroomteacher is physically with students on the school campus four days a week and engaged indistance learning on Wednesday. In the split week model students will attend school two days aweek and engage in distance learning three days a week. Half of the students (Group A) willphysically attend school Monday & Tuesday and engage in distance learning Wednesday,Thursday & Friday. The other half of the students (Group B) will physically attend schoolThursday & Friday and engage in distance learning Monday, Tuesday & Wednesday. Theclassroom teacher shall plan instruction for 5 days a week (two of which are in person, three ofwhich are distance learning). The classroom teacher will deliver the two day in-personinstruction to Group A first then repeat the same two day in-person instruction with Group B,adjusting for student needs as necessary. When students are not present on campus, they shall beengaged in rigorous distance learning.The workweek for all bargaining unit members shall include 4 days of in person instruction andone (1) Ed Learn day per week. The beginning on Ed Learn day shall include one opportunity forlive interaction for students for a minimum of 30 minutes per student. Up to 180 minutes of theEd Learn Day shall be used at the end of the day for Ed Learn Days. The District will direct threeof the four Ed Learn Days each month and one Ed Learn Day will be self-directed. In monthswith five Wednesdays, the 5th Wednesday will be self-directed. The remainder of the day shall be reserved for bargaining unit member preparation and planning time including. The teachers will post weekly schedules in Google Classroom. Teachers will make principals co-teachers onGoogle so principals can follow instruction. There will be a site schedule by grade level with allapplicable zoom links for synchronous instruction, meetings, and collaboration. Teachers mustupdate these links so all LGSD stakeholders can stay informed.Hybrid Middle School/Dual Immersion (8th Grade Only)If students are assigned more than one course per day, the following will occur:Student cohorts will maintain stability during transitions from one classroom to another utilizinga block schedule.In a block schedule, the teacher prep period shall be 90 minutes every other day.When the middle school transitions to a traditional model, they will remain in a block schedulefor the remainder of the 2020-2021 school year.Student CohortsOnce in the classroom, students should remain in their same workspace and classroom as muchas practicable. As much as possible, students with IEP’s should be clustered into the sameclassroom in order to avoid too much movement across classrooms, however, overall classcomposition should remain balanced. That said, expected exceptions to students remaining in thesame class or workspace would be for students who receive specialized services such as IEPservices, Designated EL, support from Social Workers, etc. or specialized placements (such as anSDC placement). These students will need to move in and out in order to receive their mandatorysupports.If students need to move to other workspaces in a classroom, the space should be properlycleaned before and after its use by the supervising adult in, where small groups occur inelementary education, preschool and DIS providers (SLP, Psychs, SW, APE and AC).Each student’s belongings shall be separated and stored in individually labeled storagecontainers, cubbies, or areas in the classroom.The District, working with unit members, shall provide each student with sufficient supplies inorder to provide equitable access to education as well as to minimize the sharing of high-touchmaterials. If equipment must be shared between students, the equipment shall be cleaned anddisinfected between uses.School staff shall limit the number of in-person visits to classroom cohorts in order to maintainthe stability of the cohorts and to minimize the spread of the illness. Staff not assigned as theprimary cohort teacher shall use virtual methods of interacting with the student cohort, wherepossible.Bargaining unit members providing service in a distance learning model may work remotely ormay access and work from their assigned classroom/office workspace during regular schoolhours as they deem necessary. In the event a bargaining unit member reports to a districtworksite, they shall be responsible for following all safety and health requirements of this MOU.Special EducationPrep Time: During the 2020-2021 school year, special education teachers and service providersshall receive preparation time equivalent time received by regular classroom teachers at the sameschool site and level. Additionally, in order to address special education teacher and relatedservice provider workload issues and student needs arising out of the current COVID pandemic,special education bargaining unit members shall be provided with one of the following: either anadequate number of hours per week (based on the individual’s IEP caseload and the particularsof what has been backlogged due to uncontrollable circumstances) from their normal weeklyschedule to complete IEP services, assessments or IEP's related to the backlog of work from longdistance learning time frame of Spring 2020, or the District may opt to contract out for thebacklogged activities.Virtual IEP Meetings: IEP meetings shall be held virtually during the workday. If additionaltime beyond the workday is necessary to complete an IEP meeting, the administrator or his/herdesignee in attendance at the IEP shall determine whether to schedule an additional IEP date tobe held during the workday, or to continue the IEP meeting beyond the workday.Virtual Meetings: Special Education teachers shall meet virtually and utilize digital options tocollaborate on a student’s IEP during COVID-19, when in-person collaboration and meetingoptions are not safe or available, and when no person with a legal right to in-person meetingsrequires it (e.g. parent with a disability).IEP Assessments: Following all public county health mandates and guidelines, IEP assessmentswill be completed whenever reasonably possible, during any learning phases. This would requirecoming to campus for in person, one-to-one testing, following all preventative health and safetyguidelines.Collaboration: Special Education teachers will work collaboratively with core content teachersand related service providers via a virtual platform to accommodate and/or adapt lessons to meetthe needs of each student’s Individualized Educational Program (IEP) in a traditional, hybrid, ordistance learning environment, and ensure that lessons, activities, and safety and preventativemeasures are appropriate, as documented in the student's IEP or 504 plan.Moderate to Severe Students: Special Education teachers of students with moderate to severedisabilities will provide continuity of learning through a variety of in-person and distancelearning resources as appropriate and documented in the student’s IEP so that students withdisabilities have access to the same learning opportunities as their non-disabled peers. Teacherswill provide IEP services including individual and/or group lessons virtually or in-person, inaccordance with the child's IEP. In-person instruction shall be in accordance with the safety andpreventative measures agreed to by the parties.Related Service Providers: Related Service Providers (Adaptive PE, etc.) will prepare distancelearning activities that can be completed at home as appropriate or necessary, and they willprepare a variety of in-person and distance learning resources, including individual and/or grouplessons virtually or in-person, in accordance with the child's IEP.School Psychologists: School psychologists will perform regularly assigned duties as possibleduring long distance learning; if any of these work responsibilities are not possible to perform,the school psychologists will assist with additional responsibilities related to special educationand their role, such as DIS counseling, behavior plan support and implementation, consultation,etc. They will perform these additional duties for the same amount of time that would have beenspent on the duty that has been paused.Speech and Language Pathologists: Speech and Language Pathologists may provide individualand/or group lessons virtually or in-person. These IEP services may be conducted face-to-face,or when appropriate, via virtual tools, and asynchronous tools. These IEP services will beprovided based on the child's IEP, and may include acceptable IEP delivery service formats, perthe SELPA's and CDE's guidance. In-person instruction shall be in accordance with the safetyand preventative measures agreed to by the parties.Itinerant Teachers: During the 2020-2021 school year, itinerant special education teachers shalllimit the number of school sites they work at on a daily basis to one (1) school site per day.Additionally, itinerant special education teachers shall visit and work at no more than two (2)school sites each week. Scheduling between sites shall be made in blocks. For example, in a five(5) day workweek, itinerant special education teachers shall work at one site Monday throughWednesday, and another site Thursday and Friday, and so on.DURATIONThe Parties share joint interests in keeping communications open and working collaboratively forthe benefit of students, staff, parents, and the District community as events continue to unfoldduring the pandemic.This MOU shall expire in full without precedent on June 30, 2021 unless extended by mutualwritten agreement of the Parties. All provisions of this MOU are subject to the negotiatedgrievance procedure in the CBA unless expressly noted otherwise in the MOU.Lower Kuskokwim NEA (AK)Letter of Agreement between the Lower Kuskokwim School District and Lower Kuskokwim National Education AssociationTeacher Evaluations 2019-2020The Lower Kuskokwim School District ("District") and Lower Kuskokwim National EducationAssociation ("LKNEA"), in response to the State of Alaska's declared state of emergency andmandate to provide student instruction through alternative delivery, and in an effort to limitdisruptions to District operations and student instruction, the Parties agree to the followingregarding the evaluation of teachers for the 2019-2020 contract year.AcknowledgmentsA. The evaluation of teacher is subject to state law and regulation. Article VII of theLKSD/LKNEA Agreement, and the District's Teacher Evaluation System.B. This LOA does not apply to or modify completed evaluations, except for those teacherswho are currently on Plans of Improvement ("POI") or Professional Support/Plans of Growth ("POG").C. Both state regulation and the LKSD Teacher Evaluation System require that evaluationsbe based on observations of the teacher in the workplace. The Parties acknowledge thatworkplace observations cannot be reasonably or fairly accomplished due to the fact thatteachers are now instructing students through various methods of distance delivery.TermsIn light of the above acknowledgments, and in mutual desire to provide certainty to teachersregarding the 2019-2020 evaluations, the Parties agree as follows:2019-2020 Teacher Evaluations1. LKSD will discontinue further evaluative efforts to complete 2019-2020 evaluations.LKNEA agrees on behalf of its teachers that contractual obligations for thoseevaluations are waived. As a result, LKSD and LKNEA recognize and agree thatmany teachers who are in an evaluation year will not have 2019-2020 completedevaluations. It is the intent of the Parties that those evaluations will not be completedat a later date so that all efforts can be focused on student instructional needs.2. Evaluations for the 2020-2021 school year will proceed in compliance with the LKSDTeacher Evaluation System.3. Teachers in an evaluation year in 2019-2020 who did not have an evaluationcompleted, will be evaluated in 2020-2021.4. Work-to-date on 2019-2020 evaluations, including observation reports and dataentered into the notes fields, may be maintained by LKSD and relied upon in completing the 2020-2021 evaluations by mutual agreement. Any reliance on data or information from 2019-2020 should be noted by LKSD evaluators in the 2020-2021evaluations.Provisions Specific for Teachers Currently on a POl/POG5. Plan progress obligations related to plans of improvement and plans of growth aresuspended for the period March 4 through the first teacher reporting day of the2020-2021 school year. This means that there is a suspension of plan obligations forboth the evaluator and the teacher, including plan-specific components and actionsteps. This suspension does not modify continuing expectations applicable to allteachers that professional performance is subject to evaluative standards and thecode of ethics of the teaching profession. This suspension does not modify the rightof a supervisor to otherwise observe, document, or counsel a teacher currently on aPOl/POG.6. No later than August 30, 2020, the evaluator, teacher, and LKNEA representative ifrequested by the teacher, shall meet to identify the revised POl/POG end date and allcontinuing obligations under the POl/POG. Neither LKSD nor the teacher is requiredto repeat plan actions or observations that were already completed prior to the plansuspension. All observation and other evaluative data collected during the course ofplan implementation, regardless of school year, may be relied upon by theadministrator in determining satisfactory completion of the plan.7. The Parties recognize and agree that any nontenured teacher who would otherwiseacquire tenure upon the first day of service in the 2020-2021 school year, will notacquire tenure if on a Plan of Improvement. A teacher on a POI has not met thestatutory requirements for tenure under AS 14.20.150. Specifically, the teacher hasnot received an evaluation in the most recent year of employment that indicates theteacher met the District's performance standards.Additional Provisions8. The Parties agree that this LOA reflects their mutual and best efforts to addressevaluatory obligations, including those in AS 14.20.149 and 4 AAC Ch. 19, whileprioritizing student instructional needs, teacher rights, and the health and safety ofstudents, staff, and the community.9. To the extent the State of Alaska Department of Education and Early Developmentrequests information about this LOA, the Parties agree to cooperate in reaffirmingthis as their mutual intent. The Parties recognize that the Department may mandatedifferent or additional requirements which could change the terms of this Agreement.10. Nothing in this Agreement modifies or limits the right of LKSD to non-retain teachersin accordance with law.This agreement is not intended to establish a precedent for any similar situations that may ariseprospectively or for any other similar situations, past or pending.The provisions of this agreement, unless otherwise stated, shall be effective on date thesignatures set forth below.Entered into this 28**" day of March, 2020.Letter of Agreement between the Lower Kuskokwim School District and Lower Kuskokwim National Education Association (Classified)Classified Employee Evaluations 2019-2020The Lower Kuskokwim School District ("District") and Lower Kuskokwim National EducationAssociation (Classified) ("LKNEA (Classified)"), in response to the State of Alaska's declaredstate of emergency and mandate to provide student instruction through alternative delivery, andin an effort to limit disruptions to District operations and student instruction, the Parties agree tothe following regarding the evaluation of classified employees for the 2019-2020 contract year.AcknowledgmentsA. The evaluation of classified employees is subject to Board Policy 4215 and Article Xll ofthe LKSD/LKNEA (Classified) Agreement.TermsIn light of the above acknowledgments, and in mutual desire to provide certainty to classifiedemployees regarding the 2019-2020 evaluations, the Parties agree as follows:2019-2020 Classified Employee Evaluations1. LKSD will discontinue further evaluative efforts to complete 2019-2020 evaluations.LKNEA (Classified) agrees on behalf of its employees that contractual obligations forthose evaluations are waived. As a result, LKSD and LKNEA (Classified) recognizeand agree that many employees will not have 2019-2020 completed evaluations. It isthe intent of the Parties that those evaluations will n o t be completed at a later date sothat all efforts can be focused on student instructional needs.2. This suspension does not modify the right of a supervisor to otherwise observe,document, or counsel a classified employee regarding performance and conduct.3. Classified employees shall advance to the next step on the salary schedule inaccordance with Article Xll of the LKSD/LKNEA (Classified) Agreement, regardlessof whether an evaluation was completed in the 2019-2020 school year.4. Evaluations for the 2020-2021 school year will proceed in compliance with Article Xllof the LKSD/LKNEA (Classified) Agreement.5. Work-to-date on 2019-2020 evaluations, including observation reports and counselingstatements, may be maintained by LKSD and relied upon in completing the 2020-2021evaluations by mutual agreement. Any reliance on data or information from 2019-2020should be noted by LKSD evaluators in the 2020-2021 evaluations.Additional Provisions6. The Parties agree that this LOA reflects their mutual and best efforts to addressevaluatory obligations set forth in the LKSD/LKNEA (Classified) Agreement, whileprioritizing student instructional needs, employee rights, and the health and safety ofstudents, staff, and the community.7. Nothing in this Agreement modifies or limits the right of LKSD to discipline orterminate classified employees in accordance with law and Article IX of theLKSD/LKNEA (Classified) Agreement.This agreement is not intended to establish a precedent for any similar situations that may ariseprospectively or for any other similar situations, past or pending.The provisions of this agreement, unless otherwise stated, shall be effective on date the signatures set forth below.Entered into this 28th day of March, 2020.Monessen Education Association (PA)MONESSEN CITY SCHOOL DISTRICT MEMORANDUM OF UNDERSTANDINGBetween the Monessen City School District and the Monessen Education AssociationThe parties to this MEMORANDUM OF UNDERSTANDING (MOU) are theMonessen City School District (“District”) and the Monessen Education Association(“Association”) (referred to collectively as “the Parties”).WHEREAS, the District and the Association are parties to a CollectiveBargaining Agreement (CBA) for the period from July 1, 2018 through June 30, 2023;andWHEREAS, the Association is the exclusive representative for employees in thebargaining unit as certified by the Pennsylvania Labor Relations Board (PLRB); andWHEREAS, the World Health Organization has declared COVID-19 to be aglobal pandemic and the Governor of the Commonwealth of Pennsylvania has, alongwith the Pennsylvania Department of Education (PDE), mandated school districts tocreate Health and Safety Plans and Plans for 2020-2021 School Reopening inaccordance with Centers for Disease Control (CDC), and Department of Health (DOH)guidelines; andWHEREAS, Pennsylvania’s Secretary of Education and the PDE expect schooldistricts to enact plans for providing a safe fall reopening plan for 100% RemoteInstruction for the 2020-2021 school year; andWHEREAS, the Parties recognize the unique circumstances caused by COVID19 and wish to ensure the health and welfare of students and staff while collaborativelyenacting optimal instructional and learning conditions; andWHEREAS, the Parties wish to engage in 2020-2021 reopening plans whilebeing mindful of professional employee concerns while also protecting the preferencefor an interests of traditional classroom instruction.NOW THEREFORE, in consideration of the mutual covenants expressed herein,and intending to be legally bound, the parties hereto agree as follows:1. Use and Implementation of Synchronous/Asynchronous Learning - The Partiesagree that the following options may be utilized for bargaining unit members todeliver remote instruction and services during the 2020-2021 school year:a. Teachers will work from within their individual classroom in one assignedbuilding - The HS/MS Complex or Elementary Center.b. Teachers will work in the buildings from Monday - Friday on a regulareducation schedule established in each building.c. Classroom instruction will be Synchronous/Asynchronous.d. Remote instruction will occur via Schoology, Zoom, or other district providedtechnologies.e. Each bargaining unit member will be provided with a camera equippedcomputer to conduct synchronous/asynchronous instruction.f. Teachers will be available during class-time via Schoology or Zoom to directlyinteract, instruct, guide, and answer questions from all assigned students.g. Schoology or Zoom may be utilized using Video, Voice, and Chat, or anycombination of the three options.h. Direct instruction does not have to occur for the entire class period, nor everyclass day. However, all teachers must interact via Zoom with their assignedclass on a daily basis.i. Any livestreaming of video or video recording of instruction shall be done onlywith the express knowledge and agreement of the teacher.j. Any cameras will be used to provide real time instruction at the discretion ofthe teacher, to students who will not be in the classroom either due to theschedule provided by the District or COVID-19 related concerns.k. The cameras will provide a view of either the teacher and/or the materialsused by the teacher, i.e., whiteboards, etc. only; students in the classroom willnot be in camera view.l. The District agrees that livestreaming sessions, and pre-recorded lessons willnot used for the bargaining unit member’s evaluation. The use of videoshall not be used as an evaluation tool or otherwise be used to negativelyimpact any bargaining unit member’s evaluation.m. The District shall be responsible for informing students and families of theirresponsibilities and policies regarding the use of technology and virtuallearning.n. All synchronous and asynchronous instruction shall be performed bybargaining unit members and virtual learning shall not result in any reduction in professional staff. Under no circumstances shall virtual learning be used tosubcontract any bargaining unit member work.o. The District agrees that livestreaming sessions and pre-recorded lessons willnot be used for disciplinary purposes, except as may be required by theEducator Discipline Act or the Child Protective Services Law. Employees arerequired to comply with all Board policies relating to employee conduct andmandatory reporting.p. At the end of the school year, any/all recordings may be erased at the discretionof the bargaining unit member.q. The District agrees, at its sole expense and cost, to defend, indemnify andhold harmless all professional employees against any and all claims,damages, losses, expenses, attorneys’ fees, suits, proceedings,investigations, and judgements for damages or equitable relief which may bebrought or threatened to be brought against any professional employeerelated to or arising out of providing lessons through livestreaming or prerecorded sessions including but not limited to, any failure for the technology tofunction properly, failure to reach growth measures, any difficulty providingaccommodations, or omissions of the employees in connection withdesigning, delivering, and assessing instruction via livestreaming, prerecordedlessons or any other online course.r. Bargaining unit members who are assigned to virtual positions during the2020-2021 school year shall be returned to their previously held position uponthe termination of the virtual position.2. The District shall provide to each bargaining unit member, a copy of the parentalconsent letters, waivers, and enhanced policies relative to the MCSD RemoteLearning option.3. Families and students will be notified of an enhanced acceptable use andconfidentiality policy, including their responsibilities for the use of technology andvirtual learning, and that the recording, reproduction and publication of livestreamed or recorded lessons are strictly prohibited. The District shall holdharmless all bargaining unit members for any inappropriate acts or usecommitted by students.4. Creating a Safe Work Environment: The District shall comply with all guidance issued by the PA Department of Health and the Governor’s office regarding COVID-19and the guidance provided to school districts by the Department of Educationincluding but not limited to the recommendations listed below.a. All persons upon entering school grounds must wear a mask - Medicaldocumentation is required for any exception.b. Hand sanitizer and sanitary wipes will be available in each classroom.c. The district will provide clear and detailed quarantine protocols for all staff.d. Nonessential individuals will not be permitted in school buildings.e. Disinfecting and cleaning of classrooms will occur on a daily basis.f. To avoid congregating in a small area, bargaining unit members will not berequired to enter the office or pick up their mail in the office.g. Administrative and large group meetings will be held virtually via the use ofmultimedia technology such as Zoom from within your individual classroom orwork area.h. Employees should not congregate together if it can be avoided - If they do,that congregation should be limited to a group of 3 - 5 people. Masks mustbe worn, and social distancing guidelines should be followed.i. To ensure the safety of our staff and to promote social distancing measures,classroom teachers will not be required to work in close physical proximity,i.e. the same physical room with classroom aides with the exception of abargaining unit member disability that would require a classroom aide.5. Parent Teacher Conferences/Remote Training:a. The administration will distribute computers and train both the students andparents in their use and the use of Schoology. Additionally, bargaining unitmembers may voluntarily apply for a posted position in accordance with ourCBA to be hired, paid, and trained to provide remote training for parents andstudents.b. The Association agrees that each teacher will create a “Get-to-Know-Me?Video to introduce themselves to their students in lieu of face-to-facemeetings with parents and students. The video is to be created during anInservice Day the first week of school.c. Article III.A.2 of the CBA will be altered to allow for both of the contractuallyobligated Parent Teacher Conferences to be held the second week ofSeptember in the fall semester of the 2020-2021 school year ONLY. Theconferences will be held remotely via Zoom. There will be no additionalalterations of the parent teacher conferences. This agreement is not settingprecedent or past practice and is only effective during the Pennsylvania Stateof Emergency related to the COVID-19 pandemic during the 2020-2021school year. It will not become part of the CBA and is a unique situation. 6. The following segment of Article III.B.1 of the CBA - “Said school day shall beginno earlier than forty-five (45) minutes before the arrival of students at the variousbuildings in the District“, will be altered during the districts Remote Modelimplementation ONLY, to allow virtual instruction of the students while studentsare not present in the building. There will be no additional changes to ArticleIII.B.1 of the CBA. Upon implementation of any educational model other than the100% Remote Model, we will revert back to the original language. Thisagreement is not setting precedent or past practice and is only effective duringthe Pennsylvania State of Emergency related to the COVID-19 pandemic duringthe 2020-2021 school year. It will not become part of the CBA and is a uniquesituation.7. Planning Time: During the Remote Learning option, all bargaining unit membersshall receive at a minimum, the allotted 40 minutes of planning time per day asoutlined in Article III.G of the Parties’ CBA plus an additional 35 minutes ofplanning time per day so that the daily planning time will be granted in dailyincrements of 75 minutes. Additionally, all bargaining unit members shall receivetheir thirty (30) minute duty free lunch each day.8. Work Year: Any changes to the work year defined in Article III.A of the CBA shallbe mutually agreed to by the Association President and the Superintendent, inconsultation with their respective constituent groups. Under no circumstanceswill bargaining unit members be required to work beyond the contractual yearoutlined in the CBA.9. The District shall maintain and report appropriately to PSERS that each of thesedays is professional development, clerical work, and/or instructional time which counts toward the bargaining unit members’ work year.10.If a bargaining unit member is forced to quarantine due to possible exposure toCoronavirus, they will have the ability in the remote model to work from home.11.The Parties agree that this MOU shall not become part of the CBA and does notestablish a practice or precedent between the Parties. All elements of theParties’ CBA will remain in full force and effect apart from those items specificallylisted herein.12.The Parties understand that any forthcoming announcements from the Governors’ Office, the State Legislature, Federal Legislature, or the Pennsylvania Department of Education will result in reconvening to discuss the terms contained herein, as needed.13.Any violation of the MOU shall be subject to the Grievance Procedure outlined inThe CBA. 14.This MOU shall expire in June 2021 on the last day of the 2020-2021 school year unless the Parties’ mutually agree to extend it.15.This MOU represents the Parties’ full understanding and hereto acknowledges the Parties’ are entering into it voluntarily.Newton Teachers Association (MA)UNIT A MEMORANDUM OF AGREEMENTThe Newton School Committee (the Committee) and the Newton Teachers Association,Unit A (the Association) hereby agree to a new three-year contract to be in effect fromSeptember 1, 2020 through August 31, 2023. Except as modified by this Memorandum ofAgreement, the terms and conditions of the prior collective bargaining agreement andMemoranda of Agreement will be carried forward into the successor agreement.DURATION: 3-year contract: September 1, 2020-August 31, 2023SALARIES AND COMPENSATIONCOST OF LIVING ADJUSTMENTSFISCAL YEAR 2021● Effective September 1, 2020, a 1.75% Cost of Living Adjustment will be applied to thesalary schedules.● Effective September 1, 2020, an additional .25% Cost of Living Adjustment will beapplied to the top step of the salary schedules.● Effective March 1, 2021, a .75% Cost of Living Adjustment will be applied to the salaryschedules● Effective March 1, 2021, an additional .25% Cost of Living Adjustment will be appliedto the top step of the salary schedules.FISCAL YEAR 2022● Effective September 1, 2021, a 1.75% Cost of Living Adjustment will be applied to thesalary schedules.● Effective September 1, 2021, an additional .25% Cost of Living Adjustment will beapplied to the top step of the salary schedules.● Effective March 1, 2022, a .75% Cost of Living Adjustment will be applied to the salaryschedules● Effective March 1, 2022, an additional .25% Cost of Living Adjustment will be appliedto the top step of the salary schedules.FISCAL YEAR 2023● Effective September 1, 2022, a 1.75% Cost of Living Adjustment will be applied to thesalary schedules.● Effective September 1, 2022, an additional .25% Cost of Living Adjustment will beapplied to the top step of the salary schedules.● Effective March 1, 2023, a 1% Cost of Living Adjustment will be applied to the salaryschedulesNEW ENTRY LEVEL STEPS FOR TEACHERS’ SALARY SCHEDULEFISCAL YEAR 2021● Effective September 1, 2020, step 1.5 is the new entry level step for the Teachers SalarySchedule (NTA)FISCAL YEAR 2022● Effective September 1, 2021, step 2 is the new entry level step for the Teachers SalarySchedule (NTA)ARTICLE 38SalariesSection 1: The salary schedules hereinafter set forth shall become effective September 1,2019 and will remain in effect as indicated in this Article.Full-time teachers will advance by full-steps on the salary schedule.Effective September 1, 2020, step 1.5 is the new entry level step for the TeachersSalary Schedule (NTA)Effective September 1, 2021, step 2 is the new entry level step for the TeachersSalary Schedule (NTA)Part-time teachers who become full-time teachers shall be placed on a salary stepin accordance with existing practice.Part-time teachers who teach .50 or more shall advance on salary steps by full steps.Part-time teachers who teach less than .50 shall advance on salary steps by one-half step.ANNIVERSARY DATES FOR STEP INCREASESFISCAL YEAR 2021● Effective FY21, February 1 is the new anniversary date for the step increaseFISCAL YEAR 2022● Effective FY22, January 1 is the new anniversary date for the step increaseFISCAL YEAR 2023● Effective FY23, December 1 is the new anniversary date for the step increaseARTICLE 38Section 4: In the 2020-2021 school year, February 1st is the anniversary date of stepincreases for all Unit A members.In the 2021-2022 school year, January 1st is the anniversary date of step increasesfor all Unit A members.In the 2022-2023 school year, December 1st is the anniversary date of stepincreases for all Unit A members.The anniversary date for step increases to coaches’ salaries is September 1st.COACHES’ SALARIESFISCAL YEAR 2021● Effective September 1, 2020, a 2.5% Cost of Living Adjustment will be applied to thecoaches’ salary schedules.● Effective September 1, 2020, an additional .5% Cost of Living Adjustment will beapplied to the top step of the coaches’ salary schedules.FISCAL YEAR 2022● Effective September 1, 2021, a 2.5% Cost of Living Adjustment will be applied to thecoaches’ salary schedules.● Effective September 1, 2021, an additional .5% Cost of Living Adjustment will beapplied to the top step of the coaches’ salary schedules.FISCAL YEAR 2023● Effective September 1, 2022, a 2.625% Cost of Living Adjustment will be applied to thecoaches’ salary schedules.● Effective September 1, 2022, an additional .375% Cost of Living Adjustment will beapplied to the top step of the coaches’ salary schedules.● Effective August 31, 2023, an additional .5% Cost of Living Adjustment will be appliedto the coaches’ salary schedules.STIPENDSFISCAL YEAR 2021Effective September 1, 2020, a 3% Cost of Living Adjustment will be applied to thestipend schedules.FISCAL YEAR 2022Effective September 1, 2021, a 3% Cost of Living Adjustment will be applied to thestipend schedules.FISCAL YEAR 2023● Effective September 1, 2022, a 3% Cost of Living Adjustment will be applied to thestipend schedules.● Effective August 31, 2023, an additional .5% Cost of Living Adjustment will be appliedto the stipend schedules.WORK DAY/WORK YEARFISCAL YEAR 2021● Effective September 1, 2020, the following language will be added to the elementary andmiddle school Time and Learning Agreements:“The regular work day for elementary and middle school teachers will begin 10 minutes beforestudents are expected to report to their classroom/homeroom for attendance purposes. Theregular work day for elementary and middle school teachers will end 10 minutes after thestudents are dismissed from school.”● Effective September 1, 2020, the Middle School Time and Learning Agreements shallread as below (including the language on the “regular work day” from above):MIDDLE SCHOOL TIME AND LEARNING AGREEMENTBIGELOW, DAY, AND OAK HILL MIDDLE SCHOOLS1. The week shall consist of four (4) days of 6.5 hours and one (1) day of 5.75 hours, for atotal of 31.75 hours (1905 minutes) per week. The goal is to minimize the spread in thestart/stop time among the 4 schools.2. The regular work day will begin 10 minutes before students are expected to report to theirclassroom/homeroom for attendance purposes. The regular work day will end 10 minutesafter the students are dismissed from school.3. There will be up to four (4) special early release days during the year when students aredismissed at 11:30 AM.4. Teachers will have up to 1215 minutes/week of contact time with students.5. Teachers may be assigned up to two duties per six-day cycle (which include advisory asan option).6. Teachers will have one (1) duty-free lunch period/day based on the building schedule.7. Team teachers will have up to five (5) periods every two (2) cycles for scheduled teamand Grade Level Department meetings.8. Teachers (e.g., SPED teachers) who are regularly scheduled for more than two (2)meetings per cycle will be compensated with additional preparation time for scheduledmeetings above the two (2) per cycle.9. Homeroom and advisory will continue to be school-based decisions.10. All teachers will have an average of nine and one half (9.5) preparation periods/cycle orfifty-seven (57) preparation periods over a six-cycle period. Preparation time is defined as time during which the teacher has no direct service time with students. It is the goal ofthe Committee and the Association to balance the teaching load of all teachers equitably.11. Homeroom, lunch and passing time are not counted as part of 1215 minutes/week.12. Team teachers will have up to 24 teaching periods in their core subject per cycle. Multiteam teachers will teach up to 30 periods per cycle.13. The Committee and Administration do not intend to make any significant changes in thesplit between core contact time and other student learning time (OSLT/AcademicResponsibilities) beyond what is in the proposed schedules for 2001-2002.14. The Committee and the Administration will consult the Association prior to anysignificant changes being made to the split between core contact time andOSLT/Academic Responsibilities. The Committee recognizes its obligation to bargainwith the Association over mandatory subjects of collective bargaining.15. The Middle School Oversight Committee, with an equal number of members appointedby the Committee and the Association, will continue to meet for the purpose ofoverseeing implementation of the Agreement and resolving related problems.BROWN MIDDLE SCHOOL1. The week shall consist of four (4) days of 6.5 hours and one (1) day of 5.75 hours, for atotal of 31.75 hours (1905 minutes) per week. The goal is to minimize the spread in thestart/stop time among the 4 schools.2. The regular work day for will begin 10 minutes before students are expected to report totheir classroom/homeroom for attendance purposes. The regular work day will end 10minutes after the students are dismissed from school.3. There will be up to four (4) special early release days during the year when students aredismissed at 11:30 AM.4. Teachers will have up to 1215 minutes/week of contact time with students.5. Teachers may be assigned up to two duties per six-day cycle (which include advisory asan option).6. Teachers will have one (1) duty-free lunch period/day based on the building schedule.7. Team teachers will have up to four (4) periods every two (2) cycles for scheduled teamand Grade Level Department meetings.8. Teachers (e.g., SPED teachers) who are regularly scheduled for more than two (2)meetings per cycle will be compensated with additional preparation time for scheduledmeetings above the two (2) per cycle.9. Homeroom and advisory will continue to be school-based decisions.10. All teachers will have an average of eight (8) preparation periods/cycle or forty-eight (48)preparation periods over a six-cycle period. Preparation time is defined as time duringwhich the teacher has no direct service time with students. It is the goal of theCommittee and the Association to balance the teaching load of all teachers equitably.11. Homeroom, lunch and passing time are not counted as part of 1215 minutes/week.12. Team teachers will have up to 20 teaching periods in their core subject per cycle. Multiteam teachers will teach up to 25 periods per cycle.13. The Committee and Administration do not intend to make any significant changes in thesplit between core contact time and other student learning time (OSLT/AcademicResponsibilities) beyond what is in the proposed schedules for 2001-2002.14. The Committee and the Administration will consult the Association prior to anysignificant changes being made to the split between core contact time andOSLT/Academic Responsibilities. The Committee recognizes its obligation to bargainwith the Association over mandatory subjects of collective bargaining.15. The Middle School Oversight Committee, with an equal number of members appointedby the Committee and the Association, will continue to meet for the purpose ofoverseeing implementation of the Agreement and resolving related problems.SICK LEAVE, FAMILY LEAVE AND PARENTAL LEAVEFISCAL YEAR 2021● Effective September 1, 2020, a total of eleven (11) personal illness days may be used tocare for a close family member or dear friend. “Other” days may no longer by used tocare for a seriously ill family member or dear friend. Strike “serious illness” from Article7, Section 1, Part A.ARTICLE 5Sick LeaveSection 5: Sick leave with pay is intended to cover the employee’s own incapacitation due tosickness or injury, with the following exceptions:An employee covered by this Agreement may use up to eleven (11) of his or herfifteen (15) annual sick days for a close family member’s or dear friend’s illnessor injury.ARTICLE 7Leaves of Absence with PaySection 1: A full-time member of the professional staff covered by this Agreement will beallowed up to a total of six (6) days' leave of absence without loss of pay in anyone (1) school year for the following reasons:A. Death or serious illness of a close family member or dear friend;ELEMENTARY PLANNING TIMEFISCAL YEAR 2021● Prior to January 15, 2021, the parties will convene a joint labor-management committeeto discuss elementary prep time. The Committee will have an equal number ofrepresentatives from the Committee and the Association to discuss increasingelementary preparation time.FISCAL YEAR 2023● Effective September 1, 2022, the Committee will provide $100,000 solely for thepurpose of providing elementary teachers with increased preparation time per therecommendation of the Joint Labor Management Committee.IN WITNESS WHEREOF, the parties have set their hand and seal by their duly authorizedrepresentatives, this 9th day of April 2020.Oakland Education AssociationMEMORANDUM OF UNDERSTANDING BETWEEN OAKLAND UNIFIED SCHOOL DISTRICT AND OAKLAND EDUCATION ASSOCIATIONMemorandum of Understanding (“MOU”) between Oakland Unified School District (“District”) and Oakland Education Association (“OEA”), collectively “Parties” related to the impacts and effects of the COVID-19 (Coronavirus) pandemic and the Governor’s Pandemic Plan for Learning and Safe Schools, the 2020-2021 school year California Department of Public Health Framework regarding Distance Learning.Distance LearningThe District and OEA recognize the importance of maintaining safe learning opportunities for the benefit of students and communities served by the District and its certificated staff. For the purpose of this MOU, “Distance Learning” is defined in California Education Code 43500(a) and means instruction in which the student and instructor are in different locations.1. August 5, 2020 through August 21, 2020 will be District-wide Strong Start Weeks for students, staff and families. The District and the Association recognize that bargaining unit members shall be given extra planning time to improve distance learning and create positive outcomes for students.2. During Strong Start Weeks, unit members shall:a. Have one and a half days to be used for site-based planning designed by administrators, with the remaining time to be determined by teachers for PLCs, PDs and planning to prepare lessons and resources to transition to distance learning from August 5th through August 7th as prescribed in Article 10.1 of the CBA. a. From August 10, 2020 through August 14, 2020 each day unit members shall:1. Conduct a total of sixty (60) minutes of live interaction each day (advisory/wellnesscheck-in, morning, midday meeting, or as determined by the site ) with students tocomply with SB 98;2. During this week teachers shall begin to identify Tier 1 interventions to addressAcademic, social-emotional and behavioral needs.3. Attend one (1) hour and 30 minutes on, August 13 and 14 of professionaldevelopment/site meeting led by site leaders;4. Complete a maximum of two (2) hours of mandatory virtual trainings during the week.No training shall exceed sixty (60) consecutive minutes.5. 30 minute virtual collaboration time6. The remainder of the day shall be reserved for the unit member’s independentplanning and preparation time. Unit members are encouraged to use this additionaltime to collaborate with members of their professional or content learning community.b. Teachers shall be given six (6) additional teacher planning days during the time period of August 19th through September 25th during consecutive weeks, on Wednesday (August 19th, August 26th, September 2nd, September 9th, September 16th, September 23). These additional planning days shall follow the daily interactions outlined in section a above.c. Complete mandatory virtual training/Professional Development. Administrator led and scheduled professional development per Article 10 shall be limited to three (3) of the six (6) Wednesdays above as determined by the Site Administrator.3. Strong Start Week 2 – During Strong Start Weeks on August 17th through August 21ststudents shall receive the following.a. Unit members shall provide instruction and direct services to students. Classroom teachers shall adhere to the instructional minute minimums and requirements for synchronous/asynchronous instructionoutlined in Attachment A- Instructional Schedule Examples.b. The District shall offer centrally sourced parent and student training including but not limited to Distance Learning, health, technology use, accessing grade level content, personal safety, and public health. These training minutes will count towards the 180 days of student instruction. These training sessions shall count towards asynchronous instructional minutes subject to requirements of the California Education Code.c. Students will also have access to centrally sourced online platforms (i.e. ST Math, Google Classroom) to complete asynchronous assignments which unit members may count towards student attendance and instructional minutes, if applicable.4. Scheduling, Assignments, and other Parametersa. The Parties acknowledge that master schedules/bells schedules must be flexible to address the unique needs of students and staff during the pandemic period. Accordingly the parties mutually agree to waive all notice provisions related to master schedules and assignments (subject/grade) in Secondary for Fall 2020-21.b. In the event that a middle school or high school cannot adhere to the mini-mester schedule during the 2020-21 school year, they may submit an appeal. The appeal must be approved by 80% vote of staff at the school site and submitted to the Labor Relations Department on or before August 13, 2020 at 5:00pm. If a vote is in favor of opting out of the mini-mester system, the District shall adjust the master schedules within a reasonable period of time. Such adjustments may include, but are not limited to:i. Revising the master schedules to reflect a traditional or block period day; and/orii. Adjusting schedules to mimic a traditional or block schedule student and educator experiencewhile maintaining the District-wide marking period.iii. While creating student schedules, the administrator shall implement best practices to maximize instruction including scheduling Special Education and newcomer students first, use ofadvisory to assign and monitor learning on adaptive on-line programs (e.g. Kahn Academy,Newsela), and scheduling of additional support classes in math and literacy for students whodemonstrate need. Administrators may schedule some courses (e.g. math, AP, languagecourses, VAPA) on a year-long basis through the use of replacement courses.5. Access to Sites. The District and the Association recognize that some unit members may experience unique, compelling difficulties in performing their work duties from their homes. Recurring access to sites shall be prioritized for individual staff from unstable housing conditions or for specific staff that must use tools and supplies specific to their content in order to provide quality distance learning to their students. Staff in unstable or crowded housing conditions, or in specific job types: i.e. instrumental music, CTE, SLPs who work in the AAC lab, DHH, VI/O&M shall be prioritized for access. In the event a member needs one-timeaccess to retrieve materials, they shall adhere to the following guidelines as well. In order to protect essential staff and limit the number of staff on campus, unit members, the school safety committee, direct supervisors and the site administrators shall establish a schedule in advance. Access shall follow the guidelines listed below:a. The District shall provide temperature checks for all unit members.b. Unit members shall complete health screening forms and surveys.c. Unit members shall restrict movements to only pertinent areas (classroom/workspace, bathroom, work room).d. Unit members shall practice social distancing and following established safety protocols.e. Unit members shall have access to PPE (i.e., mask, face shields, gloves, hand sanitizer etc.) before entering the classroom/workspace, provided by the District. The District shall ensure that the access to the classroom/workspace is in compliance with Criteria 2 which states the following: The District shall establish and maintain safe environments, provide PPE, develop clear protocols and procedures for maintaining safe and healthy facilities, and social distancing, to address possible COVID-19 cases at school sites.f. Unit members shall practice social distancing and following established protocols.g. Unit members shall not bring additional persons onto school sites.h. Unit members shall follow a previously established schedule or timeslot.i. Unit Members shall use appropriate PPE provided by the district.j. Unit Members shall observe all local and state safety guidelines in terms of physical distancing.k. Unit members shall not choose this option if they have been exposed to COVID-19 and/or exhibit any symptoms. As part of symptom screening, the District shall refer symptomatic individuals to an appropriate healthcare provider or testing site.l. Unit members shall not be evaluated based on their usage or non-usage of the site.m. Safety committees, faculty council and/or other site based committees shall review site access on a monthly basis to determine the effectiveness of the policy.6. Professional Duty Day and Preparation. Classroom teachers shall adhere to the daily instructional minute minimums and requirements for synchronous/asynchronous instruction outlined in Attachment A- Distance Learning Sample Instructional Schedules. Classroom teachers are expected to work 370 duty minutes per day on average; however, in recognition of the unprecedented challenges of the COVID-19 pandemic, a unit member cannot be required to schedule any synchronous instruction before 9 A.M. or after 3:15 P.M. Any synchronous instruction scheduling outside of this time shall be at the unit member’s discretion. Mandatoryprofessional development and/or PLCs (i.e., Wednesday PD sessions) shall also occur between 9 A.M. and 3:15 unless by mutual agreement.a. To support differentiated instruction and facilitate advanced learning, weekly Small Group Instruction will be a district-wide priority. Unit members will offer Small Group Instruction to the greatest extent possible in order to comply with Education Code 43504(b). Teachers shall have the flexibility to schedule small and one-on-one instructional minutes as suggested in the Learning and Continuity and Attendance Plan that work best for their students and families.b. The remainder of the teacher work day outside of direct services/instructional minutes, and monthly PD and PLCs, shall be flexible time scheduled at the teacher’s discretion.7. The daily schedule and professional duty day for unit members shall be consistent with Article 10 and this MOU to ensure flexibility during the COVID-19 pandemic. The flexible work day is intended to provide flexibility for caregivers and cultivate a climate that is not overly punitive while meeting all legal obligations and the needs of students and families.8. Professional development, preparation/planning time and collaboration time shall be as outlined in the CBA and within the hours stated in this MOU (between 9:00 A.M. and 3:15 P.M,). Members shall share an invitation to weekly teacher-led collaboration meetings with their administrators to observe teacher-led meetings. Any administrative logistical announcements or check in shall be reserved for regular scheduled staff meetings or sent via email unless requested otherwise by a unit member. Unit members shall attend regular staff meetings and PD which shall be scheduled after 9:00 A.M. or before 3:15 P.M. unless decided otherwise by mutual agreement.9. Substitute educators and out-of-classroom certificated staff may be assigned to assist elementary and secondary teachers while providing synchronous instructions to students with break-out rooms and support for asynchronous activities when needed, as determined by the site administrator. Such assignments shall be subject to written approval of the Superintendent’s designee. Within 5 days of OEA member ratification of this MOU, substitute teachers shall be surveyed to determine the weekdays the substitute is available to take these assignments and the electronic “Special Assignment Approval Form” will be made available to all substitutes. Substitutes may opt to be placed in a pool for assignments subject to this provision. When a permanent unit member is sick, substitute coverage shall be prioritized.10. Distance Learning, all bargaining unit member’s workday shall adhere to the instructional minute requirements for synchronous and asynchronous instruction and direct services requirements prescribed below and in Attachment A-Sample Distance Learning Instructional Schedules. Unit members are expected to maintain a schedule which consists of instructional time, direct services/indirect services, Flex time and Duty Free Time. Student support providers are expected to maintain a set schedule which consists of Direct and Indirect Services, Flex time and Duty free time.11. Direct service/instruction shall be both synchronous (live) or asynchronous (pre-recorded). Unit members shall deliver a minimum number of daily synchronous minutes consistent with this MOU and Attachment A-Sample Distance Learning Instructional Schedules. All students shall receive the following minimum synchronous minutes daily:a. PK-K: A minimum of 80 minutes (4 days)/ 60 minutes (1 day)b. 1-3: A minimum of 110 minutes (4 days)/ 90 minutes (1 day)c. 4-5: A minimum of 120 minutes (4 days)/ 90 minutes (1 day)d. 6-YA: A minimum of 150 minutes ( 4 days)/60 minutes (1 day)12. Daily Live Interaction Pursuant to Education Code 4503(b).a. Students must have daily live interaction with certificated employees and peers for purposes ofinstruction, progress monitoring, and maintaining school connectedness.b. To cultivate social emotional learning and well being of students, connectivity time with peers and advanced learning, teachers shall adhere to the instructional minute minimums and requirements for synchronous/asynchronous instruction outlined in Attachment A-Sample Instructional Schedules to ensure that all students receive synchronous instruction. Synchronous instruction means live full class instruction and other forms of live instruction or instructional support, including but not limited to 1 on 1, large group, or Small Group Instruction.13. To support differentiated instruction and facilitate advanced learning, weekly Small Group Instruction will be a district-wide priority. Unit members will offer Small Group Instruction to the greatest extent possible in order to comply with Education Code 43504(b).b. Preschool: The District and Association recognize the importance of limiting minutes of consecutive screen time for students in preschool. As such, services shall be provided to balance direct instruction and collaboration with families as valued partners in the instruction of early childhood learners. Each early childhood teacher’s 420 minute workday shall be broken down as follows:i. 30 minutes daily of whole group, synchronous instruction and 30 minutes daily ofsynchronous small group instruction three times daily for a total of 120 minutesii. Additionally 3, 10-15-minute small group (30-45 min total), synchronous sessions per day forstudents who need additional support/instructioniii. 60 minutes daily provided for family connectionsiv. 180 minutes of flexible time, which includes but is not limited to:1. Prep time2. Complete DRDP reporting/reflections3. Lesson planning4. Virtual parent conferences and supports5. Providing Big Day for PreK resources to families6. Informal assessments for students7. Complete IEP and Reports with PreK SPED Teachersc. Elementary: Each elementary student shall receive/participate in the following:i. A daily morning/midday class/community meeting to cultivate social and emotional learningand connectivity time with peers in accordance with SB 98.ii. Whole group instruction daily (synchronous).iii. Small Group Instruction (synchronous) twice per week (at minimum).iv. Additional Small Group Instruction shall be created based on a combination of assessmentdata, observations, and in accordance with the Multi-Tiered Systems of Support plan at theschool site which is aligned to the District Model.d. Each secondary student shall receive the following:i. Whole group instruction daily (synchronous) per content area.ii. Additional Small Group Instruction shall be created based on a combination of assessmentdata, observations, and in accordance with the Multi-Tiered Systems of Support (MTSS) planat the school site which is aligned to the MTSS District Modeliii. To support social-emotional connectivity, academic progress check-ins for students andtechnical support, unit members shall conduct small group check-ins and/or advisory periodsfor students in middle and high.iv. Secondary Small Group Instruction and advisory minimums are as follows:1. Grades 6-8: Each student shall receive weekly small group or 1:1 advisory support(30-40 minutes each session). Unit members shall prioritize students who are notsubmitting work or engaging in distance learning regularly for 1:1 sessions or SmallGroup Instruction for the given course. Additionally, Small Group Instruction shall beprovided for students who require Tier 2 academic support in ELA, ELD, and math.2. Grades 9-10: Each student shall receive weekly small group or 1:1 advisory support(30-40 minutes each session). Unit members shall prioritize students who are notengaging in distance learning and/or who are off-track to graduate for 1:1 sessions.Additionally, Small Group Instruction shall be provided for students who require Tier2 academic support in ELA, ELD, and math.3. Grades 11-12: Each student shall receive weekly small group or 1:1 advisory support(30-40 minutes each session). Unit members shall prioritize students who are notengaging in distance or learning and/or who are off-track to graduate for 1:1 sessions.Additionally, Small Group Instruction shall be provided for students who are noton-track to passing A-G required courses.4. Small Group Instruction shall be created based on a combination of assessment data,observations, and in accordance with the Multi-Tiered Systems of Support (MTSS)plan at the school site which is aligned to the MTSS District Model.14. Asynchronous Instructiona. Bargaining unit members may opt to use grade level/subject specific instruction pre-recorded by the teacher and/or pre-recorded instruction from the Learning Continuity and Attendance Plan as a supplement to synchronous instruction and to allow for more Small Group Instruction time.b. Unit members will either record live whole group and/or small group sessions with District obtained parental consent or provide other alternative means for students, and particularly those in need of additional academic support (i.e. through differentiation and/or paraeducator/instructional support specialist service minutes) or students unable to attend synchronous instruction, access to instructional content as needed.c. When students are not in whole group or Small Group Instruction, unit members will provide students with tasks that are aligned to the scope and sequence for their grade-level/ subject area as described in the grade-level/subject area scope and sequence guidance documents. The instructional day for students shall be approximately (4 hours). Unit members shall distinguish between independent practice and unit member led instruction.15. Flexible Schedule Timea. The remainder of the unit member work day (outside of the direct services/instructional minutes in this MOU above and the Professional Development and Collaboration minutes outlined in the CBA) shall be flexible schedule time. Flexible Schedule Time may include, but is not limited to the following activities:i. Planning instruction and/or servicesii. Co-planning amongst colleaguesiii. Non-mandatory Professional Development (including up to 30 minutes per week of access to Wellness Resources during the first two weeks of school) and Staff Meetings,b. Flexible Schedule Time shall include, the following activities:ii. A set schedule of virtual office hours (at least once per week).iii. Participating in IEP Meetings (non-Case Managers)iv. Providing Feedback to Studentsv. Gradingvi. Bargaining unit members shall provide daily documentation in Aeries of studentparticipation/attendance as required by the Learning Continuity and Attendance Plan andSenate Bill 98 (“SB 98”):1. Document daily participation for each student by the end of each day (no later than 5P.M.) and in compliance with District policy;2. If a student does not participate in Distance Learning, they must be documented as“absent”3. “Participation” may include (but is not limited to):a. Evidence of participation in online activities;b. Completion of regular assignments;c. Completion of assessments;d. Contacts with students or parents4. Weekly engagement record for each student, which must:a. Document synchronous or asynchronous instruction for each whole or partialday of distance learning.b. Verify daily participation.c. Track assignments5. If a student completes asynchronous assignments after hours, teachers will be able toamend the attendance/participation record the following day.vi. Monitoring Student Activityvii. Gathering Formative and Summative Assessmentsviii. Sharing Progress with Students and Familiesix. Collaborating with other unit members and Support Staff includes developing andimplementing re-engagement strategies for students as required by SB 98.x. All legal and contractual requirements are met including, SB 98 state, federal and local laws,all relevant collective bargaining agreements, and this MOU.xi. Weekly participation in Professional Development and Collaboration outlined in the pensation, Health and Well Being During the COVID-191. Unit members shall remain in regular paid status with the ability to work remotely and shall perform duties consistent with the Learning Continuity and Attendance Plan and this MOU.2. In service training offered to new substitutes as prescribed by Article 21.18.4 shall be paid.3. The OUSD Learning Continuity and Attendance Plan shall provide teachers with an alternative method of delivering instruction (i.e. Google Classroom, Zoom) that does not require unit members to physically report to work. The District, in collaboration with the Association, agrees to revisit the Learning Continuity and Attendance Plan and update provisions, as needed for certificated staff to enable students to engage in a unique education delivery model.4. The Parties agree to jointly promote equity and targeted learning for all students with a focus on OUSD’s mostvulnerable youth including:a. African American and Latino/a Studentsb. Foster youthc. Homeless studentsd. Newcomer studentse. Special education studentsf. Students who are far below grade level based on assessment measures (Tier 2 and Tier 3 Supports)g. Students needing mental health services (including social emotional/behavioral supports)5. In order to Prioritize Oakland’s Most Vulnerable Students:a. When in-person evaluations/assessments are needed for Oakland’s most vulnerable students and those needs cannot be met by unit members remotely or through unit members opting to provide in-person assessments, the District may arrange for non-unit members to provide these assessments (i.e. non-public agencies and community partners).b. Unit members will be offered the opportunity to provide in-person assessments (voluntary).Communication, Collaboration, Privacy, Security Equipment, Training and Technical Support1. Bargaining unit members shall check their District email daily during the course of the duty week and respond to Administrator emails and/or emails from students or families within 24 hours (during the duty week/duty days).2. On a weekly basis, unit members shall inform parents and students of weekly goals consistent with the grade level scope and sequence and their availability to provide support and clarification via weekly office hours, email, text, and/or other virtual platforms.3. Bargaining unit members shall have scheduled office hours for families and students at least weekly.4. Bargaining unit members serving in student support roles should communicate in accordance with the student support section of this MOU. Bargaining unit members shall not be required to provide personal cell phone numbers or email addresses in communications with parents or students.5. Bargaining unit members lessons, video chats, and participation in any District activities shall not be recorded without the explicit permission of unit members.6. The District shall provide clear privacy guidelines to all unit members around using technology with students. This is to include health workers that must be HIPAA compliant and other privacy related rules.7. Bargaining unit members shall be held harmless for the reasonable use of technology, as it relates to privacy concerns, during this time.8. Unit members will either record live whole group and/or small group sessions with District obtained parental consent or provide other alternative means for students, and particularly those in need of additional academic support (i.e. through differentiation and/or paraeducator/instructional support specialist service minutes) or students unable to attend synchronous instruction, can access instructional content as needed. The District shall include parental consent for student recording in student registration packets. The District will notify students and families of Ed Code 51512, which prohibits "the use by any person, including a pupil, of any electronic listening or recording device in any classroom without the prior consent of the teacher and the principal of the school” through district-wide communication.9. The District will provide students with devices (i.e. chromebooks), internet connections, and other necessary supplies for distance learning consistent with SB98.10. The District will provide chromebooks to unit members and make every effort to provide all necessary equipment, internet connections, and any other supplies to deliver distance learning. On a case by case basis, the District may provide bargaining unit members with hot spots when possible. Unit members shall not be liable for unintentional damage to District equipment by staff. Unit member’s classroom, office space, or alternative locations shall be made available in compliance with this MOU as a safe, alternate location for implementing distance learning. The District will support unit members in printing and safely distributing materials and/or electronic devices to students during the Strong Start Phase (or thereafter).11. Bargaining unit members shall consult the Learning Continuity and Attendance Plans and use professional judgement when creating learning plans for students.12. The District shall provide translation support to all members as normally provided. Unit members shall contact their site administrator to access translation support already existing at our school sites by matching unit members to human resources on the campus.13. The District shall continue to provide bargaining unit members with an array of distance learning tools/digital platforms to support distance learning described in the Learning Continuity and Attendance Plan.14. The District will encourage sites to adopt a uniform virtual classroom platform to improve learning experiences for students and support parents and families in assisting instruction in a single virtual classroom platform. For the purpose of complying with SB 98, unit members shall use District-provided tools in Learning Continuity and Attendance Plan for tracking student participation, assignments, and communicating student progress (i.e., Google Classroom, Aeries Gradebook, etc.)15. Bargaining unit members shall receive professional development on the use of technology and the delivery of instruction via distance learning and the Continuity of Learning and Attendance Plan. Professional development opportunities shall be available starting August 5, 2020. Each bargaining unit member will be offered professional development virtually. Bargaining unit members shall complete the following mandatory trainings (virtually) September 30, 2020:a. COVID-19 Prevention and Safety Planning;b. OUSD’s Learning Continuity and Attendance Plan including, Modified Scope and Sequence to advance learning, best practices on the effective use of on-line learning platforms for distance learning and special attention to engaging students that are not participating; andc. Anti-racism/Unconscious Bias training to promote positive school culture on campus and in the workplace.d. Unit members may be required to complete additional mandatory training on effective use of online platforms, re-engagement strategies, or other topics as needed to provide services or comply with federal, state and/or local regulations, The District shall consult with the Association regarding additional mandatory trainings.16. Professional development opportunities shall occur virtually on a weekly basis, under the following conditions:a. Weekly Professional Development shall be as prescribed by the CBA and limited to the 9:00- 3:15pm duty day outlined in this MOU.b. Bargaining unit members shall not be mandated more than 90 minutes of consecutive screen time.c. The District shall provide additional, optional, Professional Development courses that include courses that address wellness for educators, as well as students.d. The Association may consult on the selection and scheduling of district wide professional development opportunities.17. Weekly collaboration time shall follow monthly minimum minutes as prescribed by the CBA.18. The District shall provide bargaining unit members access to District provided technical support via virtual tools. This may include access to technical support personnel, helplines, and other technical support from District vendors and/or staff, as well as instruction on distance learning platforms and instructional materials.19. The District shall distribute information about ergonomic safety. As determined through the Reasonable Accommodation Process pursuant to California’s Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA), the District may provide basic furniture to maintain ergonomic safety to unit members.Special Education1. The parties agree to meet at the request of either party to address implementing guidance from the CDE and/or Federal Department of Education in order to provide equitable and appropriate education for students with special needs. The Special Education and Support Services Committee will meet with the Special Education administrators. In addition to the other requirements outlined in this MOU, the parties agree to ensure that all students have access to Free and Appropriate Public Education (FAPE). Therefore, the parties agree to do the following:a. To the maximum extent possible, and in accordance with SB 98, implement each student’s IEP.b. Ensure children with disabilities are included in all offerings of school education models by using the IEP process to customize educational opportunities and support where necessary.c. Ensure parents/guardians are active participants in their child’s educational process and informed of student progress on an ongoing basis in accordance with CA Ed Code.2. SPED and Support Services Committeea. The committee shall be composed of at minimum: 1. Instructional Coach, 1 young adult program teacher, 1 early childhood education teacher, 1 school psychologist, 1 speech language pathologist, 1 school nurse, 1 social worker, and 2 other related services providers (eg APE, VI, O&M, etc.) , and up to 4 K-12 special education teachers. The Special Education Department will ensure the participation of Special Education Coordinators and the Executive Director.b. The committee is open to representatives of other bargaining units within the Special Education department.c. The committee shall convene twice monthly, until both parties agree otherwise, at a mutually agreed upon time, to discuss all concerns related to SPED for the length of this MOU including but not limited to: safety concerns, paperwork, backlog of in-person assessments, technology and its distribution, the provision of student & teacher materials, the implementation of the MOU, caseloads, work space, and workloadsd. The Committee shall elect 1 recorder to take minutes and record decisions. All minutes shall be reviewed and approved by the committee and the District and emailed to all members by the Special Education Director.e. The norms, structure, and the agenda shall be mutually developed by the Special Education Director and the Association.3. Students with IEPs will be provided a continuity of learning through a variety of learning resources, as appropriate. This enables all students access to the equitable learning opportunities. The District will work with site leaders to ensure the access of students with Special Education is prioritized in planning for technology, curricula materials, and scheduling.a. The District shall procure computers, hot spots and other devices or specialized materials needed in accordance with students’ IEPs (e.g. communication devices, occupational therapy tools). An electronic form system will be utilized to collect feedback from unit members regarding the specific materials and tools required per IEPs by caseload. The District shall purchase and disseminate such materials in a timely manner. Special education teachers and students will be prioritized in the distribution of such items.i. The electronic form shall not be duplicated with any site assessments and complywith the reduced paperwork clause.ii. The District will communicate a response to unit members within 2 weeks ofcompleting the electronic form.4. Each school site shall meet with the Faculty Council and the Special Education Department lead or Education Specialists at the site to recommend a uniform and developmentally-appropriate learning platform for the site. For early childhood special education programs, the platforms should be determined by representatives from the ECSE department. Education Specialists reserve the right to choose an alternative platform if it better serves the instructional needs of their students.5. The Special Education Committee will follow CA Education Code when there are potential changes to the Department selected curriculum and the continuum of services provided by each special education program. The adopted curriculum implementation shall adhere to:a. SPED teachers shall be provided with dynamic, engaging curriculum and online resources appropriate to their programs, equivalent to those provided to general education and such resources shall include but not be limited to those that are in compliance with state law regarding Dyslexia AB 1369.b. The District shall provide subscriptions to educationally-appropriate applications and ensure all appropriate members and students can access them.6. The District and the Association continue to recognize Special Education Teachers and students as part of school sites communities and will continue to recognize the need to reduce paperwork. Special Education Teachers assigned to school sites will not be required to duplicate work. Both parties will work collaboratively to streamline work duties. To that end, the SPED Committee shall meet with SPED Administrators to discuss paper workload.a. For the duration of distance learning, due to the unique challenges associated with holding andcoordinating virtual IEPs, all Special Education Teachers and Speech Pathologists shall receive one (1) designated release day per month to complete additional work duties required by Distance Learning such as holding IEPs, completing IEP paperwork, updating progress on goals et al. The date of the release day will be determined by department leadership and communicated via a written calendar. Special Education Teachers and SLPs shall communicate with their supervisor and Instructional Coach prior to the conclusion of each release day to set goals for the time and ensure the time is utilized as intended. Unit members shall notify their supervisor to arrange for a mutually-agreeable alternate day if needed. Other related service providers shall request a designated release day in writing to their Supervisor and receive a response to that request within 5 working days.b. Per SB 98 requirements, all case managers will create a Distance Learning Plan for each student on their caseload that contains the services, accommodations, and supplementary aids the child will receive during an in-person closure of greater than 10 days due to an emergency. The District will create a template for this plan and provide members with guidance to complete it no later than September 30.i. New Education Specialists and Support Service Providers shall be given 1:1support to develop such plans.ii. The Special Education Committee will review the template and providefeedback.iii. The Special Education Committee shall review the procedures and guidancefor implementing SB 98.7. It is the intention of both parties to comply with federal and state guidelines when planning and holding IEP meetings.a. Virtual tools shall be used to hold IEP meetings and to meet and collaborate on a student’s IEP.b. Members shall not be required to return to schools in person to facilitate the distribution of hard copies of IEPs. Teachers shall attempt to collect physical signatures (e.g. providing mailing and drop-off information for Special Education offices), but shall not be required to do so for IEPs held virtually. Electronic signatures may be utilized in lieu of written signatures. The district will provide hard copies of IEPs to families as requested. The District shall be responsible for all costs associated with this article.c. The Special Education Department will continue to hold virtual training opportunities and provide ongoing support for teachers.d. Special Education will provide clear guidance in regards to HIPAA and FERPAe. Case managers will make a good faith effort to schedule IEPs and document attempts to schedule IEP meetings with families aligned to Federal and State guidelines. Records shall be maintained in a format to be determined by individual case managers.f. The District will continue to provide translation support for virtual, telephonic and writteng. communication with students and families (e.g. LanguageLink, TalkingPoints, etc.). The District shall provide sign language support or closed captioning for D/HH students and interpreters for IEPs that are conducted within a platform that does not have CC enabled.h. A documented effort shall be made to comply with holding IEP meetings as aligned to Federal and State guidelines.8. Instructional minutes, including synchronous and asynchronous time and flex time, shall be aligned to the minutes of instruction set forth in Attachment A-Sample Distance Learning Instructional Schedules of this agreement. Special Educators shall use such minutes to hold individual and group sessions in a manner aligned to students’ IEPs to the greatest extent possible.9. The Special Education Department will develop, in consultation with the Special Education Committee and Support Services Committee, 3543.2(a)(3) Et al, virtual training opportunities and provide ongoing support for members.10. The District shall provide translation support for virtual, telephonic, and written communication with students and families.11. The District shall provide sign language support and closed captioning for students whose IEPs require such services and interpreters for classroom meetings that are conducted within a platform that does not have CC enabled.12. All unit members working in sites outside of the District, including private, charter, nonpublic, home and hospital, etc., shall have the same rights and responsibilities as all unit members and not be held to the policies set forth by any entity outside of the District.13. The District and the Association shall bargain the impacts of any programmatic changes to Special Education teachers identified by the Association. Including, but not limited to, summer school, use of ECE programs, home and hospital, etc.Student Supports and Related Services1. The District and the Association recognize that the student support staff unit member positions are unique. During Distance Learning, support staff unit members shall be responsible for their own daily schedule.a. Student support providers’s work day shall be 240 minutes of direct and indirect daily services, inclusive of small groups and consultation services indicated in students’ IEPs.b. The remainder of the work day shall be flex time, time to write and hold IEPs, and preparation time.c. IEP services will be provided based on student’s needs and to the extent possible as delineated in the student’s IEP in accordance with SB98.2. Parties value the need for ongoing consultation and collaboration at the site level to continueidentifying and providing appropriate student supports and services unique to each site. Parties agree to strengthen school-site procedures by adjusting current practice, implementing new policies, and strengthening existing systems (i.e. MTSS) designed to provide equitable services to all students who require intervention.3. Bargaining unit members serving in student support roles including, but not limited to,counselors, nurses, speech and language pathologists, home and hospital, ECE shall provide student services as outlined in the MOU.a. Unit members shall comply with Section 10.6.4 (“paperwork reduction”).b. Unit members shall be provided the necessary information by District personnel to provide support for students and families.c. Bargaining unit members shall not be required to return to work to access information.4. The District, in consultation with the Special Education Committee, shall continue to hold virtual training opportunities and provide ongoing support for support staff unit members.5. The District shall continue to provide translation support for virtual, telephonic, and written communication with students and families (e.g. LanguageLink, TalkingPoints, etc.). The District shall provide sign language, closed captioning, and any other appropriate translation/interpretation services for parents/guardians who require support.6. The District shall provide sign language supports and closed captioning for students who require sign language interpretation per IEPs.7. Student Support Providers shall be provided access to online scoring programs and shall be provided sufficient testing protocols at the start of the school year to avoid extensive social interactions on campus.8. The District and the Association will meet and confer relative to district-adopted platforms. The District will ensure availability of a platform that shall include HIPAA/FERPA compliance, accessibility features (e.g., CC available, high contrast for VI, etc.), and interactive capabilities.9. Case management and IEPs will follow the terms outlined under Special Education.10. The District and the Association will meet to review the district’s risk assessment plan and ensure it is aligned to the current challenges facing our students.11. Refer to Appendix for Orientation & Mobility/Teachers of the Visually Impaired12. All unit members working in sites outside of the District, including private, charter, nonpublic, home and hospital, etc., shall have the same rights and responsibilities as all unit members and not be held to the policies set forth by any entity outside of the Districts. PsychologistsSchool Psychologists shall provide distance support services guided by Federal and State guidelines throughout the Covid-19 Pandemic.1. Unit members shall maintain assignments as agreed upon at the conclusion of the 2019-2020 school year and maintain ratios in compliance with CBA section 21.10.2.Within two weeks of student start date, unit members shall provide an individual school-site schedule, aligned with CBA 21.10.2, to the Psychological Coordinator. This daily schedule shall include school site name and contact information.2. Unit members returning from prior school year shall retain their individual past practice duties that can be completed by remote means and shall provide direct, virtual, short-term social-emotional/behavioral services to up to six students with IEPs identified as requiring such direct support. The District shall provide a consent agreement for parents/educational rights holders to review and sign prior to services being initiated to reinforce the importance of confidentiality. Further, the District shall provide psychologists with professional learning opportunities specific to the virtual provision of social emotional/behavioral supports services. Unit members shall determine the length of any service based on professional judgment, as well as data collected to establish a need for support and reserve the right to decline any request to put the support in an IEP, unless the support is already in an IEP. Unit members may terminate a social emotional/behavioral support session should there be a concern relative to confidentiality. The Special Education joint committee may discuss any concerns or impacts to members relative to the provision of short-term social emotional/behavioral support services.a. Based on their caseload in accordance with 21.10.2, psychologists shall initiate and continue to complete past and current in-person duties and assessments that can be completed through remote means.b. Within their assignment, unit members shall conduct an informal needs assessment ateach site within 3 weeks of student start date and apply professional judgment to ultimately determine how to best support the needs of students and staff at each respective location.c. Unit members shall continue to log completed assessments on a monthly basis.d. All formal meetings (i.e. IEPs) and interviews shall be scheduled via telephone or virtualmeans.e. District shall develop and implement a policy to help facilitate printing and mailing of psychological reports. Psychologists should use electronic communication to the maximum extent possible when engaging with families to reduce the amount of physical paperwork that must be printed and mailed.f. Unit members shall create a confidential file for each student with whom they are working.g. When applicable, the District shall provide remote resources and platforms aligned with HIPAA and FERPA guidelines to facilitate service of multiple students (e.g., Zoom, Doxy).h. The District shall procure computers for School Psychologists rather than Chromebooks to allow for full online platform and software capabilities. The District shall invest in online forms and scoring licenses for rating scales that can be completed virtually.3. All department meetings and training shall be scheduled and provided by virtual means.d. Unit members shall receive regular updates from the Special Education Department about all revisions and changes in Federal, State, and local guidelines/mandates specific to duties and responsibilities pertinent to School Psychology.e. Psychologists shall support Case Managers in engaging with families to obtain consent to conduct ‘review of records’ evaluations for triennial IEPs in accordance with district protocol and proceed with such evaluations when parents/educational rights holders consent.Speech-Language PathologistsSpeech and Language Pathologists shall provide services as described by Federal and State guidelines during the Covid-19 context.1. In accordance with federal and state law, direct services and consultation will follow each student’s IEP to the maximum extent possible.2. Caseloads for SLPs will be developed in accordance with Article 21 of the existing CBA with SLPs supporting exclusively preschool-aged students being maintained at 1:40.a. The Special Education Committee will monitor caseloads monthly.i. When a SLP and Department Leadership agree that a specific caseload’s composition is such that it is not possible/reasonable to complete all core duties within the workday, the Department will provide relief from an itinerant, relief-focused SLP or a SLPA within 30 days.ii. SLPs with concerns or specific needs relative to their caseload shall consult with the Special Education Committee and their Coordinator to reach a mutually agreed-upon, equitable alteration in method of service delivery (e.g., due to more individual sessions, therapy materials sent home, etc.), contingent upon IEP review and consent to be implemented within 15 days.3. Daily Schedule: SLPs shall establish their own schedules based on students’ IEPs and confer with their supervisor regarding designated release days and share such schedules with their supervisor.a. Service minutes shall be provided via email, telephone, and agreed-upon virtual platforms.b. When appropriate, SLPs may propose to amend IEPs to better meet the needs of students and families.4. Distance Learning Platforms/Materialsa. The Special Education Committee shall meet and confer relative to the district-adopted virtual platforms.b. To the extent possible, The District shall provide relevant teletherapy materials and subscriptions/licenses for teletherapy resources (e.g., BoomCards, Boardmaker, etc.) and ensure all members can access them. The Department will solicit feedback from SLPs when determining material and subscription investments.c. Due to the unique challenges associated with meeting students’ communication needs in a virtual format during distance learning, the Department shall establish a centrally-held budget of $200 per SLP for therapy materials and platforms to support students. SLPs will complete the materials form to indicate the need for specific materials and upon review, such materials will be purchased and items will be distributed to staff as efficiently as possible. Any tangible items purchased shall remain district property, and SLPs shall return materials upon departure, unless the item has been consumed or exhausted.d. The District will procure computers for SLPs rather than Chromebooks to allow for full online platform use and software capabilities.e. The District shall provide students with the appropriate technology and educational equipment as deemed in their IEPs (e.g. AAC device) and be responsible for coordinating the distribution of such technology and equipment.5. Assessments shall be conducted remotely when possible (e.g., triennial record reviews, partial assessments, etc.) and by “Record Review” when appropriate and with parent/educational rights holder consent.a. The Committee will review the upcoming assessments for SLPs monthly and will provide additional assessment support to an SLP when there is mutual agreement that the number of assessments due is excessive.NursesAs OUSD’s School Nurses provide an invaluable resource and a unique cross sector knowledge base during the COVID-19 pandemic (an intersection of education and health services), the Nurse Faculty Council shall meet twice monthly through October 30, 2020 (and as mutually agreed thereafter) to discuss appropriate trainings, workflow changes, equipment and other topics as necessary for the 2021 school year. The District and Association in consultation with the Nurse Faculty Council shall negotiate any impacts identified by the Nurse Faculty Council. or the District. Nurses shall continue to provide indirect (not in person) services for students and families including case management, paperwork/documentation (i.e. LEA Billing, Aeries entries, IHPs, SEIS Documentation). Additionally, Nurses shall provide the following supports during distance learning:a. Run reports in Aeries and SEIS to identify their population with health needsb. Follow up with families of students with reported health conditions to assess students’ health conditions to obtain medical orders.c. In preparation for blended/in person learning, prepare to send medical forms home by electronic means when possible.d. Review training videos for nurses.f. If paired with support staff (LVN, 504 Tech or Health Assistant), schedule an initial check in on August 6th (LVN) or August 7th (504 Teach/Health Assistant) to discuss shared work and establish regularly scheduled weekly check in.1. The Nurse Faculty Council shall be provided the site assignments for the 2020-2021 schoolyear on August 5, 2020 and to all nurses on August 6, 2020 with ratios that are in compliance with the CBA 21.9.1.2. Nurses shall make their own daily schedule consistent with the nurses site assignments.3. Nurse workload shall be evenly distributed among nurses.4. Nurses shall participate in the IEP and 504 Process. Nurses shall attend virtual IEP and 504 meetings, complete health assessments and may conduct by indirect (no in-person) record review only, assessments, if when appropriate and with parent/educational rights holder consent.5. Distribution and collection of paperwork. To the extent possible, nurses shall utilize electronic means to communicate and receive necessary medical orders/paperwork from families and health care providers. If it is necessary to communicate and receive medical orders/paperwork via mail:a. The district shall provide supplies, including postage and envelopes that do not require a moistening seal and to ensure safe distribution and collection of paperwork by the nurses..b. Nurses shall wait 24 hours before distributing materials to families after preparation ifonly paper-based materials are involved and wait 72 if plastic materials or other materials are used. c. Any locations used for preparation and collection of supplies shall be thoroughly cleanedby the individual and/or custodial staff who uses the space, following the Safety cleaning protocols, before preparation, distribution or collection begins.6. Nurses shall receive timely, daily updates from the District, including but not limited to the Legal Department, Health Services Department and/or the Special Education Department, about all revisions and changes Federal, State and local guidelines/mandates specific to duties and responsibilities pertinent to School Nurses.7. Health Services shall communicate all updates in the morning “Daily Huddle” email.8. The District shall provide no cost PD opportunities to nurses. At least 50% of PD time shall provide continuing education units that meet the California Board of Registered Nursing requirements for contact hours (California Code of Regulations, Section 1451, Article 5). Department meetings and training shall be scheduled and provided by virtualmeans.9. The District shall provide the equipment required (computers capable of accessing ZOOM or Google Hangouts, platforms, and smart cell phones capable of accessing applications TalkingPoints, Google Hangouts, etc.) to ensure necessary communication with families, students, medical providers and OUSD employees.Counselors1. Counselors shall provide virtual or telephone appointments to students for academic counseling, monitoring, and guidance. These appointments or conversations may be conducted, telephone or video conference, as appropriate.2. Other duties designated in counselor flex time may include, but are not limited to:a. School Counselors provide services aligned with a distance service delivery model.b. Scheduling Studentsc. Counseling services for students and parent/guardiansd. Transcriptse. College Prep/Transition prepf. Crisis Interventiong. Schoolwide events as needed (i.e., registration, info events, elective choice, FAFSA, college planning events, etc)h. Teacher/staff/admin consultation/ Special Education Departmenti. Provide remote counseling support (i.e. teletherapy), social-emotional and Crisis Learning support virtually for students on their site.j. School Counselors shall make every attempt to conduct contact with students on their caseloads and wellness check-ins as needed.k. The District shall provide all School Counselors with technology that can access allplatforms/materials.l. The District will develop virtual training opportunities and provide ongoing support for SchoolCounselorsVAPAThe District shall consult the most recent nationally accredited research on safety in teaching Visual and Performing Arts subjects when making decisions about VAPA classes. Such information will be disseminated to site administrators and teachers. In light of the unique needs of students while participating in Visual and Performing Arts programs District wide, the Parties agree to form a joint OEA and District committee to provide guidance in the following areas:a. Appropriate online materials (including Student supply kits, Sample Elementary Art Kits, Sample Middle and High Art Kits/Specialized Art Kits).b. Compliance with copyright rules in providing individual materials to students.c. Providing individual student instrument and instrument accessories where appropriate.d. Administrators shall work with music teachers to determine a list of necessary individual supplies prior to the start of the year to allow for enough time to plan and to distribute materials to students by the tenth day of instruction. The District will consider recommendations and guidance from the VAPA Joint Committee and seek funds to procure materials.Substitutes1. Day to day Substitutes shall be invited to attend one paid in service (virtual) the first month of school pursuant to Article 21. Teachers may post a sub assignment when sick pursuant to the CBA.2. Long term substitutes who have accepted an assignment prior to August 5, 2020 may attend professional learning on August 5, half day professional learning and half day of collaboration time on August 6, and teacher preparation time on August 7 (per CBA) for compensation. Additionally, long term substitutes shall attend professional development offered to permanent unit members pursuant to this MOU.3. STIP substitutes and long term substitutes will receive paid training (during the normal workday) in online instruction needed to provide supplementary online support for small groups and 1:1 during professional development time prescribed in the CBA or this MOU.4. The District shall comply with the CBA as to the number of STIP substitutes at sites to support specific schools and if in person instruction commences, the District shall make efforts to increase the number of STIP substitutes.Social Workers1. Social Workers shall provide services aligned with a distance service delivery model. Social Workers shall provide distance service and perform duties and responsibilities outlined below.2. Social Workers within the special education department shall only be assigned to work with students eligible to receive Educationally Related Mental Health Services (ERMHS) and who an IEP team has agreed require placement on an intensive outpatient or counseling-enriched program caseload3. Social Workers shall provide remote counseling support (i.e. teletherapy) and conduct evaluations for students on their caseload, including interviews, parent/student rating scales, and reviews of records.4. Social Workers shall provide individualized & group mental health counseling services aligned with the students’ Individual Education Plan and the workday.5. While recognizing the unique needs of students and the circumstantial barriers, Social Workers will make every effort to provide counseling sessions via a virtual platform.6. The District shall provide relevant teletherapy and social-emotional resources, including subscriptions for behavioral and social-emotional curricula/platforms where necessary to support students’ treatment plans.7. Social Workers shall make every attempt to conduct daily contact with students on their caseloads to conduct a wellness check-in. This can be done via phone call, virtual tools, text message, and email.8. Unit members shall have access to personnel for printing and filing at PEC main office.9. Social Workers shall provide case management services and coordination of community services.10. The District shall provide all Social Workers technology that can access all platforms/materials.11. Upon request, the District shall provide students receiving ERMHS with at-home coping supplies (i.e. making coping boxes with therapy materials like stress ball, kinetic sand, etc).12. When possible, the District shall prioritize the needs of students with mental health services in the food delivery plans. Social workers shall complete the form to indicate families who may benefit from such delivery services.13. The District, in collaboration with the Association, shall provide self-care and mental health seminars and training for parents with students receiving mental health services through ERMHS.14. The District and the Association shall meet to develop a plan of action for obtaining legal signatures for mental health counseling services for families and students.Physical EducationThe District in collaboration with Physical Education educators and/or other certificated staff shall determine how to best implement physical education opportunities for students while in distance learning.Library ServicesThe District shall consult with Library Staff regarding the selection and purchase of district-wide literacy platforms and digital resources to be used district wide.Problem Solving CommitteeStarting in the month of September, 2020, the Parties shall convene a task force composed of principals and/or assistant principals, district-level instructional leaders, and OEA members designated by the Parties. This committee shall be tasked with problem solving issues related to the implementation of the distance learning program and make recommendations for the improvement of the distance learning program to the President of OEA and the Superintendent of OUSD.The Parties agree to a revisit the following areas in 6 weeks, or at a mutually agreed upon time:1. Blended Learning (In-Person and Distance)2. Peer Assistance and Review (“PAR”) Article 253. Leaves Article 114. Evaluations Article 13Anti-Racism- OUSD’s Proposed “Collaborative Anti-Racism Initiative” and OEA’s proposed “Black Sanctuary City”The Parties agree to meet to discuss the “Anti-Racism Collaborative” initially proposed by OUSD on July 9, 2020 and the “Black Sanctuary District: Reparations for Black Students and Families” initially proposed by OEA on July 31, 2020 immediately, at a mutually agreed upon time, no later than October 30, 2020.Oakland Educator Wellness Day1. To support the social and emotional well being of unit members, May 10, 2021 shall be declared Educator Wellness Day.2. The District, in collaboration with the Association, will seek ways to jointly promote self-care, stress and anxiety management, and positive social interactions on Educator Wellness Day.Term of AgreementAll components of the current Collective Bargaining Agreement between OEA and the District not addressed by the terms of this agreement shall remain in full effect. This MOU is non-precedent setting. This MOU resolves the negotiable effects of distance learning due to COVID-19. The District and/or Association reserve the right to negotiate any additional impacts related to COVID-19 and/or additional school closures in the 2020-21 school year. Either party may request to renegotiate the impacts to unit members of any State and Federal guidelines adopted and applied to our District that conflict with this MOU. The parties agree to reopen the provisions of this MOU at the written request of either party. This MOU entered into by the Parties on the 12th of August 2020, shall expire in full without precedent on December 30, 2020.DISTANCE LEARNING SCHEDULES FOR THE 2020/21 SCHOOL YEARGrade LevelMinimum forDailyInstructionalMinutesMinimum Number of Daily Synchronous MinutesStudent ReceivesMinimum Number of DailyAsynchronous Minutes Students ReceivesPK-K18080 minutes (4 days)/ 60 minutes (1 day)100- 120 minutes1-3230110 minutes (4 days)/ 90 minutes (1 day)120-150 minutes4-6260120 minutes (4 days)/ 90 minutes (1 day)140-170 minutes6-YA275150 minutes (4 days)/ 60 minutes (1 day)125-215 minutesAttachment B- Distance Learning and Teachers of Students with Visual Impairments (“TVI/O&M”)1. Teachers of Students with Visual Impairments (TVI) and Orientation and Mobility (O&M) Instructors shall provide distance learning supports to the best of their ability while still complying to Covid-19 safety guidelines.2. When required (ie: triennial IEPs) throughout the Distance Learning, IEP assessments will be conducted remotely and limited to “record review” and “family/ teacher interviews” with educational rights holder consent. FVA and O&M assessments will be paused during Crisis learning.3. In addition to classroom home kits, the district will provide extra home items for visually impaired students including but not limited to: enlarged copies of any academic assignments sent home, bold lined paper, dark colored ink pens, accessible tech and associated paraphernalia (e.g. ipad cords, large screen touch screen computers, ipads) as itemized in IEPs, books with sounds, task boxes, SDC appropriate adaptations for lessons, etc and as needed throughout the crises learning.4. The District shall provide students with the appropriate technology and educational equipment as deemed in their IEPs (ie: large screen, touch screen computers, ipads, ipad charging cords, etc).5. With the increased use of technology during crises learning, students with visual impairments are at higher risk of visual fatigue and photophobia. In addition, navigating the online platforms and visual stimulus of the online environment requires that students with visual impairment have an increased need of direct instruction in using tech and accessing crisis learning academics. Due to this increased need, the district will provide the VI team with additional paraeducator assistance at each academic level (elementary, middle and high school).6. Daily Schedule: TVI and O&M shall establish their own schedules and provide them to their supervisor in accordance with current practice and their work day shall not exceed 180 min per day (not more than 90 consecutive minutes) of synchronous virtual platform services to students, per 1.0 FTE.a. Service minutes shall be provided via email, telephone, and agreed-upon virtual platforms.b. Teachers shall use the Distance Learning Plan template to document any temporary changes tostudent services required during the closure of in-person instruction.c. Consult with teachers and parents may include but not be limited to: office hours, phone calls,email.7. The District shall provide TVI and O&M teachers the equipment required (computers capable of accessing ZOOM platforms, internet connections) to ensure necessary communication with families, students, and OUSD employees prior to the start of Crisis Distance Learning.8. The district will provide the VI team with safe procedure for producing, and sending enlarged materials to students who are having any print material sent home from their classrooms.Orchard View Education Association (MI)Joint Letter of Understanding regarding the COVID-19 School Closurebetween the Orchard View Education Association/MEA/NEA (“Association”)and the Orchard View School District (“District”)Re: Continuity of Learning Plan Due to Extended COVID-19 School ClosureThe Association and the District are parties to a Collective Bargaining Agreement (CBA) covering the 2019-20 school year and need to amend the required provisions of that Agreement in order to provide a Continuity of Learning due to school closing mandates associated with the COVID-19 Pandemic. All provisions of the current CBA will continue in effect with the following amendments:1. The Association and District collaborated in developing and mutually agreed to the remoteContinuity of Learning (COL) program that will be implemented starting April 20 for theremainder of the 2019-20 school year.2. The COL program shall meet the requirements specified in Executive Order 2020-35 including any requirements relative to days/hours/curriculum requirements in order to receive full funding from the State and in order to ensure students are provided the opportunities required for grade-level advancement/graduation assurance.3. The maximum number of days needed to complete any and all federal and state requirements,including IEPs and 504 plans, shall be communicated to teachers and staff.4. There shall be no less than five (5) District Provided Professional Development (DPPD) starting April 13 - 17 to ensure employees have the necessary skills and support to transition to teaching, assessing, reporting of progress, etc. that will be required under the district COL program. The DPPD will be provided prior to and during any COL implementation with students. Any teacher needing further professional development will communicate that need to their administrator or the technology help desk.5. All teachers will be provided any technology necessary to deliver the district COL plan andthrough the duration of the implementation period.6. This District shall provide to students the means to fully participate and complete all aspects of the COL program using electronic and/or hard copies. No teacher shall be penalized due to lack of student participation.7. In the event that a teacher believes a student’s learning opportunities need to be suspended forinappropriate behavior, the teacher will notify the administrator to resolve the problem.8. The parties explicitly acknowledge the COL program cannot provide all appropriate emotionaland/or social support, special needs, particularly those needing physical support, a broadinteractive environment, or support for students who rely upon the school setting to providephysical nourishment and/or stability during the school day. The parties agree to comply withEO 2020-35 as outlined for providing for the needs of all students.9. All members shall continue their employment for the remainder of the school year and be paidtheir regular year’s contractual wages, even if there is a reduction in any individual’s daily/weekly assigned hours of participation as a result of the district COL program.10. Teachers will not be required to perform teaching duties that exceed the daily/weekly provisions of the CBA for instruction and planning time and shall be allowed to work from home.11. If non-traditional work is needed in order to minimally carry out the COL program that workshall not exceed the employee’s normal daily/weekly work hours and shall be assigned on aweekly rotational basis in reverse seniority order. All other work assignments shall be inaccordance with the provisions contained in the CBA.12. No employee who is required to perform typical bargaining unit work for the district or nontypical bargaining unit work described in #8 above shall be put at risk in any way of impacting their own health and safety or the health and safety of others. The district shall ensure that any employee that can work virtually or from home shall not be required to violate social distancing, shelter in place orders, or similar orders.13. If the district requires bargaining unit members to report to a building for work, the district will provide all requested personal protection equipment within reason.14. Upon completion of the COL program for the 2019-20 school year, school year employees shall have no further obligation to provide additional work for their full anticipated 2019-20 wages.15. It is understood all assignments that are required to be completed shall be recorded as“completed” or “not completed”.16. Any and all FAPE accommodations that are to be provided to students shall be communicated to teachers with a plan to ensure the planned accommodations are met by all parties involved.17. No member serving on a previously approved leave of absence during the interval when theschool closing occurs will be required to perform any work responsibilities. They shall remain onpaid leave pending a return to work slip by their physician.18. During the COL program duration, members shall be entitled to use applicable leave provisions in the CBA and any additional paid leave mandated by the state or federal government, including HR6201 in the Families First Coronavirus Response Act. If an employee utilizes the paid leave mandates relative to COVID-19, upon depletion, the employee shall be placed on paid leave with absences chargeable against any leave balances.19. In an effort to protect other district employees and the community from being unnecessarilyinfected with the coronavirus, employees will be excused from on-site work with pay and noreprisal for the duration of the COL program upon providing the district with a doctor’s notestating CDC high risk problems.20. Due to the extraordinary circumstances related to the COVID-19 Pandemic, no evaluations shall be subject to work performed or not performed during the district COL program duration.21. All bargaining unit members shall receive their full annual salary for the 2019-20 school year, including those not required to perform duties under the COL. Members who coach spring sports will receive 50% of their current Schedule B pay. The pay will be re-evaluated should spring sports resume. Members receiving other stipends (Department Chairs, Schedule B, etc.) shall be paid their full stipends at the annual rates of pay.22. This agreement is a singular and one-time exception to the covenants in the parties’ currentcollective bargaining agreement.23. This agreement does not constitute the establishment of a precedent, custom, practice, or binding working condition as to the interpretation, enforcement, or application of this Agreementbetween the parties, or any successor labor agreement between them as to any situation orcircumstance other than the matter specifically addressed in this Agreement.24. To the extent that this Agreement requires a waiver or temporary modification of the parties’CBA, the parties agree to such a waiver or temporary modification as necessary to perform thisAgreement.25. By entering into this Agreement, neither the Board or Association waive any other rights orprotections respectively afforded to them by the terms of the CBA, except as otherwisespecifically waived, modified, or relinquished in this agreement.26. To the extent that this Agreement conflicts with the parties’ current CBA, this Agreement shall Control to the extent of such conflict.27. This Agreement expires on June 5, 2020.Palo Alto Education Association-Special EducationPAEA to PAUSD 9-4-20MEMORANDUM OF UNDERSTANDING BETWEEN PALO ALTO UNIFIED SCHOOL DISTRICT AND PALO ALTO EDUCATION ASSOCIATION2020-2021 Special Education Preschool – Post Secondary SchoolI. Special Education ScheduleA. Students receiving special education services and identified as ModerateSevere/Futures will be brought back to campus no sooner than September 28,2020, as allowable by current State and County deadlines. However, if SCCPHDand California State guidelines advise a later return, Parties will adhere to thelatest return date.B. Students will return in a hybrid model with two cohorts A and B.1. Cohort A: Students in Cohort A will attend in-person classes on Mondaysand Thursdays.2. Cohort B: Students in Cohort B will attend in-person classes on Tuesdaysand Fridays.3. Wednesdays will be independent teacher planning and meeting time.4. Each student’s one-to-one aide will do scheduled synchronous work withthe student remotely when not at school as required by their IEP.C. As stated in the State guidelines, the number of students on a given school siteshould not exceed 25% of the school’s enrollment or available building capacity.The only students that may return for in-person learning prior to State guidelinesbeing met are students who, for reasons of disability, cannot access remotelearning at all.D. Students receiving resource and mild to moderate educational services will notreturn to in-person, hybrid learning until October 12, 2020, and only if SantaClara County has reached and remained on the lowest-color tier for 21consecutive days.E. If the district has 25% of the population that test positive for COVID-19 and hasto shut down all in-person learning, all SpEd classes that have returned in-personbefore the Gen Ed Population will immediately return to distance learning untilthe Gen Ed population returns. If that occurs and Santa Clara County returns onthe watchlist the district will immediately return to distance learning throughJanuary 7, 2021. If we are still on the state watchlist on January 7, 2021 we willopen when SCCPHD/CDPH announces it is safe to reopen.F. Any in-person instruction for special education students will adhere to State andCounty mandates for cohort size and adult to student ratio, whichever is strictest. Cohorts may not mix, and are, as of this time, limited to no more than 14students with no more than two (2) supervising adults. Students whose IEPsrequire a one-to-one aide shall be provided with this aide. Per the new guidance,this person is not counted as one of the two adults per 14 students. This personor persons will be provided full PPEs, including, but not limited to, face shields,by the District (refer to Safety Equipment and Personal Protective Equipment,“PPE”).G. Meetings will be conducted in accordance with requirements related to groupgatherings as determined by the Santa Clara County Public Health Department.Further, the parties acknowledge the benefits of participation in virtual asopposed to in-person meetings to the extent possible.H. All social distancing and personal protective equipment (PPE) guidelines must beadhered to, as set forth in the following Health and Safety section.I. Specialized providers (e.g. Speech and Language, ELL, Reading Specialist, etc.)will continue to provide their services remotely to minimize increased contactsand potential spread of COVID-19.J. No bargaining unit employee shall be directed to conduct home visits.K. No bargaining unit employee shall be directed to complete in-personassessments (academic, health, hearing, etc) unless Santa Clara County is nolonger on the state watchlist and SCCPHD declares it safe to resume in-personinstruction.L. It may be necessary for bargaining unit employees, including SAI teachers, tocomplete more than 9 assessments during the 2020-2021 school year,particularly to address outstanding assessments that were not completed duringthe shelter-in-place in Spring semester of 2020. The District will first seekvolunteers to complete assessments; if there are not enough volunteers, theDistrict will assign District staff to complete outstanding assignments. Eachassessment above 9 will be compensated at the Hourly Teaching rate inAppendix H (once updated to reflect the retroactive raise from 2019-20).M. No bargaining unit member shall be directed to toilet or feed students,change/access feeding tubes, wash students’ hands for them, be required tophysically redirect or restrain students, or otherwise engage in behavior thatcould expose them to COVID-19. A nurse will be provided for those services.II. Caseload/Class SizeA. Moderate to Severe/Futures classes will be no larger than 8 students.B. Mild to Moderate classes will be no larger than 12 students.C. Resource caseloads during COVID-19 hybrid learning shall not be higher than 20students.III. Health and SafetyA. Before reopening, the district will provide to all staff a safety plan with a list ofPPE, protocols and checklists that show compliance with all state and locallyrequired regulations in order to show that they are ready to open safely. All employees will be notified that their site administrative team will be responsiblefor these safety protocols.B. One full-time nurse will be provided at every school site.C. Parties agree that the following safety and PPE provisions shall hold whenstudents and bargaining unit members are on campus, whether in hybrid learningmode or in targeted small groups or cohorts.D. When physically reporting to a District school site or facility, bargaining unitemployees will comply with applicable requirements and guidance from federal,state, and local governmental entities and public health officers.E. Prior to reporting to any District site, bargaining unit employees shall self-screenthemselves for COVID-19 symptoms – consistent with the most current list ofsymptoms published by the CDC, the state or California, or by the Santa ClaraCounty public health officer – and immediately report any positive findings to thePrincipal. Bargaining unit employees also shall immediately notify the HumanResources Department if they have been exposed to COVID-19 through closecontact or have received a positive diagnosis of COVID-19 from a health careprovider or via a test.F. COVID- 19 Testing1. The District will provide COVID-19 testing to all staff and students on aregular basis, every 10 days or as needed due to exposure risk. A parentgroup is offering to help research, fund and execute full testing for staffand students. This will mitigate the district cost for implementation oftesting.2. Testing of all SpEd and PAUSD+ students and all staff returning tocampus will be conducted with sufficient time to obtain results beforereturning to campus. If results from testing have not arrived, a return tocampus will be delayed until results of all parties returning to campushave been received.3. This testing will continue and be expanded to General Education studentsand all staff before October 12, 2020. As stated above, all such testingshall be conducted with sufficient time for all results to arrive prior toGeneral Education students and staff returning to campus.4. The District will comply with SCCPHD, CPHD and Cal-OSHArequirements for reporting and notifying bargaining unit employees ofsituations where a student or District employee has been diagnosed withCOVID-19, as well as complying with SCCPHD requirements for contacttracing. Due to privacy/confidentiality issues, the parties understand thatthe District will not be able to provide the identity of the person who hasreceived the positive COVID-19 diagnosis. All persons who may havecome in contact with the infected individual will be notified per SCCPHDand CPHD requirements. With respect to an individual who is diagnosedwith COVID-19, the District will, if applicable, notify the Association of thelocation(s) where the individual was present on District premises duringthe suspected incubation/active infection period.G. Safety Equipment and Personal Protective Equipment (“PPE”)1. The District will provide all Special Education staff with medical gradePPE (e.g. masks, disposable gloves, gowns, Plexiglas barriers, faceshields, etc.), in sufficient quantities, based on the recommendation andguidance from SCCPHD, to all unit members working on campus.2. In lieu of using District-provided face coverings, unit members may bringtheir own face coverings so long as the face covering complies with publichealth guidelines and provides equivalent protection. Unit members shallnot be required to bring their own face coverings, and no unit membershall be disciplined or evaluated negatively for not bringing their own facecoverings.3. The District will create a process, specific to each site, by which impactedunit members shall have access, daily, to the appropriate PPE. If theDistrict cannot provide the appropriate PPE, and unit members do nothave their own, members will be sent home for the day, without loss ofpay or leave and without incurring any negative evaluation. Any in-personclasses taught by the unit member will resume when sufficient facecoverings, or as applicable, PPE is available.4. Bargaining unit members who provide specialized health procedures orclose contact therapies can access N95 masks. This includes, but is notlimited to, Nurses, Speech Language Pathologists, Orientation & MobilityTeachers, Special Education Teachers and Specialized AcademicInstructors. In addition, wherever possible, these bargaining unitmembers may conduct their job functions outdoors.5. Every classroom and therapy room with a sink, will be stocked with soap(hypo-allergenic if needed for students or staff), hand sanitizer with atleast 60% alcohol, and no touch hand drying equipment or paper towels.6. In the case of bargaining unit employees being on campus, the Districtshall ensure all HVAC systems are set to operate on the mode whichdelivers the most fresh air changes per hour. Air filters will be changedprior to the start of the school year and in recommended intervals inaccordance with the manufacturer’s recommendation for the bestfiltration, including open outdoor air dampers to 100% as indoor andoutdoor conditions safely permit. Portables shall be equipped with airfilters with a large enough capacity and flow rate for the square footage ofthe room. The parties affirm that public health officials have indicatedbased upon currently known information - which is subject to change -that proper ventilation is necessary to minimize the transmission andinfection from COVID-19 especially for individuals in a closed space forextended periods of time by reducing the airborne concentration of thevirus and thus the risk of transmission and infection of COVID-19 throughthe air. If a location does not have adequate HVAC or functioningwindows, a bargaining unit employee may not be required to use the space. All locations with functioning windows shall be encouraged to keepthem open depending on weather, temperature, or air quality conditions.7. Face Covering Requirementsa) Face coverings are required to be worn at all times by all adults ona school campus indoors or outdoors, except while eating ordrinking. Face coverings are not required if a person is alone in anoffice, classroom or other space, unless the District notifies themthat a face covering must be worn at all times.b) In lieu of a cloth or disposable face covering, bargaining unitemployees may, only if approved by the District in writing, wear aface shield, allowing for their speech to project and for students tohave the ability to view facial expressions.c) Face coverings are required for all students at all times, exceptwhile eating, drinking, or engaging in physical activity.d) Face coverings may not be required for students or staff if there isa medical or behavioral contraindication verified in writing from amedical professional or behavioral specialist. However, if thestudent engaged in biting, spitting, or other behavior thatincreases the potential spread of droplets, the student is to beremoved from the classroom at the time, until the situation isresolved, and the unit member is to notify the principal.8. Hand Washing and Other Safety Proceduresa) The Parties recognize that frequent hand washing for a minimumof 20 seconds minimizes the spread of COVID-19.b) All individuals shall make every effort to wash their hands or usehand sanitizer consisting of at least 60% alcohol upon enteringschool sites, and will periodically wash and/or sanitize their handsthroughout their workday.c) The District will comply with the following hand washingrequirements:(1) Every classroom on every site with a sink, as well as allbathrooms, will be stocked with soap (hypoallergenic ifneeded for students or staff), hand sanitizer with at least60% alcohol, and paper towels.(2) Hand sanitizer and/or portable hand washing stations shallbe provided at commonly used areas in each site, stockedwith hand sanitizer containing at least 60% alcohol and/orsoap.(3) Non-classroom workspaces and common spaces shall beprovided hand sanitizer with at least 60% alcohol.(4) All hand sanitizing and/or hand washing stations,bathrooms, classrooms with sinks, and non-classroomworkspaces and common spaces noted above orotherwise provided shall be checked and restocked as quickly as possible and prior to the beginning of each daythat staff and/or students are on campus and frequentlydisinfected.9. Safety Protocolsa) Designated entry and exit points as determined by the district tobe practicable for the unique design of each school facility and willbe communicated to members.b) Social Distancing Safety Protocols and Procedures for access toclassroom and non-classroom facilities and areas will bedetermined by the district and communicated to members.c) Enforcement protocols: The District shall develop procedures topromote consistent adherence to and enforcement of establishedsafety protocols, including risk assessments (e.g., ventilationsystems) and PPE supply inventory.d) The District will follow requirements for monitoring and responseas provided by the SCCPHD Department. Where there is aconflict between the guidelines or orders from CDPH andSCCPHD, the SCCOE will adhere to the most restrictiveguidelines or orders in order to minimize potential health andsafety risks for all unit members, students, and their families.e) Unit members will not be required to enforce physical distancingrule violations; however, if they observe such a potential violation,they shall immediately notify their supervisor.f) A dedicated discretionary fund for the superintendent to quicklyaddress safety issues arising after reopening.IV. CompensationA. Since Santa Clara County is not off the state watchlist, all members who arebeing required to return in person before the general education teachers andstudents shall receive hazard pay of time and a half until general educationstudents and teachers return.V. Prep Time and Duty Free LunchA. All members returning to campus prior to State general reopening guidelines willreceive the same amount of Prep time as their General Education Elementaryand Secondary counterparts during distance learning.B. All members returning to campus will receive a 45 minute duty free lunch.VI. Evaluations:A. Upon mutual agreement between the evaluator and unit member, evaluations forpermanent certificated unit members with satisfactory evaluations on their mostrecent evaluation shall be evaluated according to the following informal process:B. All permanent certificated unit members will meet with their direct supervisorbefore October 15 for a goal setting conference.C. Supervisors will conduct informal observations for support and supervision ofinstruction throughout the year. Unit members will meet with their supervisor byMay 1 for an informal reflection meeting to capture key learning and growth. D. In order to record that an evaluation was completed, a document shall be placedin the unit member’s personnel file stating as follows: “The evaluation for the2020-2021 school year was completed according to the informal process setforth in the COVID-19 MOU between the District and PAEA.”E. Unit members shall be held to the same standards of professionalism they havealways aspired to meet and which applied prior to teaching in a distance learningmodel. No further information shall be added to the evaluation documentdescribed in section c. above unless the evaluator has concerns to record in thisregard which have been discussed with the unit member as they have arisen.F. Temporary and probationary employees will be evaluated pursuant to Article XEvaluations.G. Bargaining unit members who were on a support/improvement plan will beevaluated in 2020-2021.H. Evaluations will be done by administrators who have been trained in strategies toeffectively evaluate teachers in a distance learning environment.I. Considerations for limitations and/or malfunctions of technology will be taken intoaccount in the evaluation. Teachers will be provided support and training in useof technology for a distance learning environment.J. If a bargaining unit member feels that an observation has not represented theirteaching practice accurately, that bargaining unit member may request that theevaluator conduct one additional observation which may be used to replace orsupplement the original.K. Supervision and feedback will be provided to all certificated staff in order tosupport them in the expectation that they meet or exceed professional standardsincluding the CSTPs.VII. Leave Provisions (still working on Leave Provision for all members the following is theminimum)A. Unit members who have been exposed to the coronavirus and are required to bequarantined, or who self-quarantine based on medical advice or governmentalrecommendations/directives shall remain in paid status and not have daysdeducted from the member’s sick, personal, or extended illness leave as long asthey are able to provide distance learning during that time period.B. If an employee believes that they contracted COVID-19 at work, then theemployee may file a Workers Compensation claim and be covered under ArticleXI of the Collective Bargaining Agreement.VIII. Miscellaneous ProvisionsA. Staff will be given two weeks notice if possible, but at least one week toeffectively prepare should a change in circumstances result in instructional modelchanges. The District understands that it is important to provide as much noticeas is practicable under the circumstances.B. The parties acknowledge that additional subjects may arise as events unfold andgovernmental entities issue more guidance, including the safety of students andstaff as schools reopen. The District will continue to follow the Guidance of the CDC and the Santa Clara County Health Department and other governmentalentities related to pandemic health and safety matters.C. The District and the Association are jointly committed to maintaining open lines ofcommunication to facilitate prompt discussion and resolution of issues (includingduring days of school recess as necessary) that may arise as schools reopen forthe 2020-2021 school year to best serve their Shared Interests first stated above.This MOU Expires on June 30, 2021San Diego Education AssociationTentative Agreement Between the San Diego Unified School District and the San Diego Education AssociationPhase One Appointment Based Onsite Learning for the 2020-2021 School YearAugust 25, 2020WHEREAS, the Parties agree that the health and safety of our students, staff, families andcommunity is at the forefront of a return to onsite instruction; andWHEREAS, the Parties reached an Agreement on July 28, 2020 to meet with a mutually agreedto panel of relevant health experts; andWHEREAS, the Parties met with the panel of experts from the University of California SanDiego (UCSD), and SDEA and the District each submitted questions and received writtenresponses from the expert panel; andWHEREAS, science-based criteria for a safe reopening was developed based on the input fromthe UCSD panel; andWHEREAS, return to onsite instruction is contingent upon San Diego County meeting the Statecriteria to resume onsite instruction; andWHEREAS, the Parties acknowledge that guidelines, requirements, and procedures maychange based on State and/or County guidelines and evolving scientific information; andWHEREAS, the Parties agree during District-wide online learning to implement a phased inapproach of supplemental appointment based onsite learning.NOW THEREFORE, the Parties agree as follows:1. Phase One Appointment Based Onsite Learninga. The Parties acknowledge that our students have a wide range of learning needs. Inan effort to mitigate learning loss and provide targeted instruction for TK-5students who need the most support, opportunities for onsite appointment basedlearning will be considered for students:i. Who received a below standard report card in Spring 2020, as definedbelow:1. Below standard represented by an average academic mark of a 1 or2 in English Language Arts strands; or2. Below standard represented by an average academic mark of a 1 or2 in Math strands; orii. Who do not have a Spring 2020 report card (incoming TK, K, or newstudents to the district) and who are not making progress toward gradelevel standards; oriii. Who have an IEP and:1. Are not meeting their IEP goals; or2. Have intense support needs; oriv. Who have been recommended for an initial assessment or require atriennial assessment, and require standardized assessment that cannot becompleted online for eligibility.b. For students identified pursuant to the criteria in Section 1.a., educators shallreview students’ progress towards individual goals and grade-level proficiency byanalyzing formative assessments, observations, and information gathered fromfamilies, in order to propose students who need modifications to online supportand/or need onsite appointment based learning opportunities and/or assessments.i. Administrators and teachers shall engage with site teams, which mayinclude a counselor, psychologist, nurse, education specialists, relatedservices providers, and/or English Learner coordinator, to collaborativelydevelop and implement a plan using existing staff and resources to providesupport to students identified through this process. The number of studentswho will be provided appointment based onsite learning is contingentupon available site staff and resources, and may include therecommending educator.ii. Administrators will coordinate with site and central office personnel oncestudents are identified to receive appointment based onsite learning, tomake arrangements for transportation, meals, health and safety protocols,and coordination of classroom access, preparedness, and sanitation.c. Students identified through the above process will continue to receive onlinelearning, in addition to appointment based onsite learning.d. Onsite appointments with students shall be limited to groups of no more than six(6) students in grades TK-3 and eight (8) students in grades 4-5, and inaccordance with the health and safety guidelines in this Agreement.e. Appointment based onsite learning will occur within the 180 minutes ofwhole/small group instruction and/or the 60 minutes of additional small groupinstruction, conferring, and office hours established for classroom teachers in theJuly 30, 2020 Agreement between the Parties.f. Appointment based onsite learning will occur within the 240 minutes of direct andindirect daily instruction/services periods of time established for non-classroomeducators in the July 30, 2020 Agreement between the Parties.2. Health and Safety Guidelines for Phase Onea. Public Health Authorities: The Parties will follow health and safety guidelinesestablished by the Centers for Disease Control (“CDC”), the CaliforniaDepartment of Public Health (“CDPH”), and the recommendations and mitigationfactors as contained in the UCSD summary report (attached in Appendix A), withfinal guidance by the San Diego County Department of Public Health (“County”)for safely opening schools.i. The District will provide unit members with clear and timelycommunications, policies, and procedures regarding health and safetyguidelines that are consistent to all school sites and central office facilitiesfor the circumstances.b. Training: To help prevent the spread of COVID-19, prior to any school or centraloffice reopening, the District will train its employees in appropriate measures(public health measures, hygiene, sanitation, etc.) to prevent the spread of thevirus and will ensure its facilities (school site or central office) have the necessaryDistrict-funded supplies for preventative sanitation measures.c. Personal Protective Equipment: The District shall provide all unit members anyDistrict-funded Personal Protective Equipment (“PPE”) necessary to completetheir work assignment in accordance with the guidance referenced in Section 2.a.above, including but not limited to face masks, face shields, gloves, etc. This alsoincludes physical barriers, when necessary, and cleaning supplies in theworkplace. Where there are differences in the guidance referenced in Section 2.a.above regarding the appropriate level of PPE, the District will provide the higherlevel of PPE recommended for the situation.d. Masks: The use of face masks sufficient to cover the mouth, nose, and chin, isrequired.i. N95 Respirators and Face Shields:1. Respiratory protection is important for unit members caring forindividuals who present COVID-19 like symptoms and are in anisolation space pending travel home. Such unit members shall beprovided N95 respirators that are fit tested, if N95s are available topurchase in the community; otherwise, surgical masks, faceshields, and other PPE shall be provided.2. Face shields shall be provided to SDEA members who request it.e. Visitors: To help prevent the spread of COVID-19, no visitors will be permittedon the school site or in a central office facility unless they are considered anessential visitor.f. Health Screenings: Health screenings shall be performed daily for anyoneentering a school site or central office in accordance with the guidance referencedin Section 2.a. above. Essential visitors who do not pass the health screening shallbe denied entry. Staff and students who do not pass the health screening or beginto display symptoms consistent with COVID-19 during the school day orworkday will be sent home or sent to an isolation room on site pending travelhome. Return to school protocols will follow County guidelines.g. Meetings: All meetings involving SDEA members, including those with parents,shall be in an online setting. Professional development shall not take place inperson.h. Physical Distancing: Physical distancing of six (6) feet shall be maintainedbetween all individuals. There may be limited scenarios where six (6) feetdistance is impractical including, but not limited to, passing in a hallway orviewing students work.i. Congregation: Employees shall not socially congregate in any workspace,including but not limited to break rooms, common lunch areas, hallways,DocuSign Envelope ID: 7A863123-1FAB-480D-BD06-D55A3A296006restrooms and other workspaces. In accordance with current County guidelines,no social activities shall take place in any workspaces in order to protect thehealth and safety of all and prevent COVID-19 spread.j. Upon notification that an employee or student has been infected with COVID-19,the District shall work with public health officials and assist with contact tracingand any required notifications.i. The District will provide a weekly summary COVID-19 report to SDEA.ii. SDEA agrees to cooperate with the District in any necessary public healthactions, such as contact tracing of infected individuals.iii. Unit members should report any unsafe working condition to theirsupervisor. Employees may also make a report to the District’s onlinereporting system. Employees may access the system to monitor theprogress of their report.. Hand Sanitization: The following will be made available:i. Every room with a sink shall be stocked with soap, hand sanitizer, andpaper towels;ii. Every classroom shall be provided hand sanitizer;iii. Non-classroom workspaces shall be provided hand sanitizer;iv. Hand sanitizer or portable hand washing stations shall be provided at eachingress and egress point;v. All hand washing/hand sanitizing supplies noted above or otherwiseprovided shall be checked and restocked promptly as needed and prior tothe beginning of each school day.l. Daily Disinfecting: The District shall ensure all classrooms, restrooms, andworkspaces that are occupied by students, educators, and other staff (excludingspaces exclusively used by SDEA member for online instruction only) aredisinfected daily, including but not limited to desks, doorknobs, light switches,faucets, and other high touch fixtures, using a disinfectant on the EnvironmentalProtection Agency List “N”.m. Ventilation: The District will follow current guidance referenced in Section 2.a.,ensuring ventilation systems operate properly and increase outdoor air circulationas much as possible. All classrooms shall use any combination of mechanicalventilation, natural ventilation, and HEPA air purifiers, as the individual roomcharacteristics dictate, to provide adequate air exchanges. The District shallensure all HVAC systems operate on the mode which delivers the most frequentair exchanges per hour, including disabling demand-controlled ventilation, andopen outdoor air dampers to the maximum extent as indoor and outdoorconditions safely permit. Air filters shall be MERV-13 where systems canaccommodate, and changed at the recommended intervals. Portables and/or otherrooms without HVAC or means of natural ventilation shall be equipped with lownoise HEPA air filters with a large enough capacity and flow rate for the squarefootage of the room.i. All areas used as the isolation space/room of individuals presentingCOVID-19 symptoms, if indoors, shall be equipped with adequateventilation with the use of minimal recirculated air. MERV-13 air filtersand/or HEPA filters shall be utilized. The District shall make every effortto utilize unassigned rooms that meet the highest minimum standards forventilation and air circulation when used as an isolation space/room.3. All components of the current Collective Bargaining Agreement, and the July 30, 2020Agreement, between SDEA and the District not addressed by the terms of this Agreementshall remain in full effect.4. After meeting the requirements in Section 2.a. and prior to the implementation of PhaseOne the District shall provide SDEA members with at least two weeks' notice.5. This agreement is non-precedent setting and only addresses the terms for phase one of thereturn to onsite instruction. Terms for subsequent phase(s) shall be subject to bargaining.6. Given the fast-changing nature of this pandemic, the Parties may amend, delete, or add tothis Agreement with mutual consent.7. This Agreement shall expire in full without precedent on the last day of the 2020-2021traditional school year, unless extended by mutual written agreement.Seattle Education AssociationMemorandum of Understanding (MOU) Between SEATTLE SCHOOL DISTRICT No. 1And SEATTLE EDUCATION ASSOCIATION 2020-2021 School YearSeattle Education Association (SEA) and Seattle Public Schools (District) enter into thismemorandum to provide a safe and equitable learning and working environment for allstudents and staff in the midst of the current Covid-19 pandemic.As expressed in the preamble to the three collective bargaining agreements underwhich SEA members work, the parties have a commitment of collaboration and problemsolving in a manner that is focused on shared interests and values.We as a community are facing the ever critical and longer-term pandemics of racismand inadequate mental health care. In this moment of reckoning, we agree thateliminating barriers means prioritizing the needs of People of Color and providingcommunity support for social emotional learning.In addition to those expressed values and agreements, the SPS model of reopeningschools will prioritize:? The health and safety of our students, staff and entire school-community;? Positive and justice-driven educational outcomes;? The social-emotional needs of students and staff;? Thoughtful financial stewardship;? Equitable education and services for students of color furthest from educationaljustice first; and,? Planning/implementing a sustainable and flexible remote-only instructionalmodel.In that spirit the parties enter into the following agreements:Professional DevelopmentThe District and Association recognize the need for mandatory professionaldevelopment for all employees in preparation for remote instruction. SEA and SPS willwork together to plan and facilitate trainings. In addition, SPS will utilize PD alreadyoffered by SPS, SEA, WEA and Washington State Ethnic Studies Now. The list below isnot exhaustive but is intended to capture the shared interests of both SPS and SEA.Recognizing that learning is an ongoing endeavor, PD may continue throughout theschool year. A jointly developed addendum is included that provides context, purpose,and shared understanding for each of these topics below.1. Staff will be provided professional development (PD) prior to the start of school forthe purposes of:a. Pedagogical practices and content for online/remote teachingb. Blended learningc. Use of District approved and supported technology platforms (including basic“101” trainings for accessing online resources).d. Social Emotional Learning strategiese. Trauma-informed and culturally responsive/antiracist SEL instruction and supportf. Liberation through Anti-Racist practicesg. Targeted Universalismh. Inclusionary practices for students with special needsi. Training on implementation of accommodations within online learning toolsj. Ethnic studies provided in combination with SPS educator designed/led PD, WAEthnic Studies now, and the Ethnic Studies and DREA departmentsk. Black studies and STIl. Culturally responsive content and methods for teaching in remote settingsm. Family engagement strategies including:n. Communicating with families with linguistic diversity, ando. Supporting students and families with access to virtual/remote learningp. Inquiry-based learning and remote planning support for PLCsq. Specific area content PD; role specific to specialists and Special Educationr. ESA supports and expectationss. Differentiation in an online/remote instructional modelt. SAEOP support/cross trainingu. Online safety for staff and students; digital citizenshipv. Health and Safety to help mitigate, minimize, and monitor the spread of COVID19.w. Educators will also be trained in anti-bias communication skills and safety againstonline hate speech to support anti-racist instruction.2. Staff who qualify for 32 hours of technology time will be asked to complete 8 hoursof time prior to September 11, 2020, to attend virtual technology PD provided by theDistrict on technology platforms and tools that are supported by the District. Staff willchoose from a menu of options that outline various modules dedicated to supporting teachers’ capacity, skills, and knowledge in technology proficiency. Courses will beaccessed through Schoology.3. Paraprofessionals who have already completed their 14 hours required for theFundamental Course of Study will be able to access up to 8 additional hours ofDistrict directed professional development to be used for technology training onDistrict supported tools and platforms. Paraprofessionals may be allowed to accesstheir PD Training Credit (64 hours) and their Extra Time (8 days based on theirhours/FTE) from 20-21 prior to September 1st in order to attend any of the buildingor District-directed TRI days that are not already included in their paid work yearcalendar. These will count for credit in the 20-21 school year. Any of the 2019-2020PD hours used prior to August 31st will count for credit in the 2019-2020 school year.All paraprofessionals will attend the August 31st District-directed TRI day on RacialEquity. This will be an additional 6 hours of paid PD time.4. Building-based SAEOPs will be able to access up to 8 additional hours of Districtdirected professional development to be used for technology training on Districtsupported tools and platform. SAEOPs may be allowed to access their PD hoursfrom 20-21 prior to the start of the school year in order to attend any of the buildingor District-directed TRI days that are not already included in their paid work yearcalendar. All SAEOPs will attend the August 31st District-directed TRI day on RacialEquity. This will be an additional 6 hours of paid PD time.5. Substitute Professional Development:a. Substitutes hired into long term positions (16 days+) for start of fall 2020, willparticipate in all TRI/Waiver days (August 27-September 3).b. Any substitute hired into a long-term assignment (16 days+), which beginsafter the start of the school year, will be entitled to 12 hours of professionaldevelopment extra time to support remote instruction.c. Substitutes who worked at least 400 hours in Seattle Public Schools in the2019-2020 school year will be entitled to 12 hours of paid professionaldevelopment. At least 6 of those hours must be for technology training onDistrict-supported tools and platforms and may include job shadowingeducators who they are subbing for, if mutually agreed upon by the substituteand educator. Six (6) hours must be used to attend the District TRI day onRacial Equity and Liberation through Anti-Racist Practices held on August 31st.d. All substitutes will be allowed to, on their own time, access the District TRIand waiver days in addition to other District PD to improve their practice.e. Substitutes who did not initially qualify for?12-hours?paid?PD may attend theAugust 31 District TRI day and may take 6 hours of technology training (which may include job shadowing) on their own time. They will be reimbursed fortheir time, up to 12 hours, after working 200 hours in the 20-21 school year.?f. Substitutes new to the District will receive 4 hours of PD for orientation andtechnology support. This should include how to access basic resources(Frontline, district email etc.), implicit bias training, and accessing learningplatforms. They will have the additional opportunity to be paid for up to 12completed hours of paid PD after working 200 hours as specified above in 5e.g. The Substitutes, SAEOPs, and Paraprofessional PD advisory committeeagree to meet before September 30, 2020 to determine additionalopportunities for substitutes to access professional development related tothe online learning environment.6. In addition, the District and the Association will ask OSPI for two student waiver daysfor the purposes of District-Directed professional development on September 2ndand 3rd, 2020. A comprehensive professional development plan can beimplemented with the topics listed above. These will be done in partnership withSEA. The first student day would be Friday, September 4, 2020. September 4-11would be considered a “Strong Start” with 2 hours of virtual instruction/supportdedicated to SEL and well-being, 2 hours of PD time, and 2 hours of commonplanning, IEP meeting time, and family connection time.The chart below is illustrative of the language above.DatePurposeAdditional NotesPrior toSeptember 11,2020Complete 8 hours of tech time toattend/engage in technology trainingrelated to District approved andsupported technology platforms andtools needed for remote instruction.Cert CBA Article IV, Section FAugust 27, 2020Building-Directed PD/collaborationCert CBA Article II, Section B.1,Para CBA Article II, Section B.2,SAEOP CBA Article II, Section B.2August 28, 2020Building-Directed PD/collaborationCert CBA Article II, Section B.1,Para CBA Article II, Section B.2,SAEOP CBA Article II, Section B.2August 31, 2020SPS District-Directed TRI on RacialEquity and Liberation through AntiRacist in; focus on SELAll paraeducators and SAEOPspaid to attend (an additional 6hours)Cert CBA Article II, Section B.3,Para CBA Article II, Section B.4,SAEOP CBA Article II, SectionB.4September 1, 2020Building business andclassroom/worksite preparation (healthand safety training)Requires OSPI Waiver of180 daysSeptember 2, 2020District-Directed WAIVER DAYDistrict-Directed PD/collaborationRequires OSPI Waiver of180 daysSeptember 3, 2020District-Directed WAIVER DAYDistrict-Directed PD/collaborationRequires OSPI Waiver of180 daysSeptember 4-11,2020“Strong Start”Schedule2 hours of student instruction/supportfor SEL and wellbeing+1 hour of District/Principal Directed PD+1 hour of Building Directed PD+2 hours of common planning/IEPmeeting/family connection timeNEWIn order to comply with 1027hours of instruction per stateRCW, students would be givensupplemental learning activitiesto make up for the lostinstructional time. Learningactivities can be SEL or relatedto family connections.September 14,2020Full startStudents will follow masterschedule.FAMILY ENGAGEMENTThe District and Association agree that a rigorous and effective remote learningprogram requires additional supports for students and families to ensure theirengagement and success. The supports will address the diverse needs and challengesfamilies and students face in accessing remote instruction. As such, the District and theAssociation agree on the following:1. Buildings will create and implement a pick up and/or delivery system for thedistribution of school supplies, curricular materials and the necessary technology,to include mailing if necessary, which will be coordinated by schoolbuildings/programs, and the system communicated to all itinerant/building staffand students/families and will include volunteers willing to do deliveries. All extratime provisions outlined in the collective bargaining agreement will continued tobe followed.2. Student devices necessary to access remote instruction will be allocated by thedistrict for each student K-12. Educators will confirm with each student on theirability to access district applications during the “strong start” in September. 3. Educators will work to create and implement a clear, consistent process forcommunication with families and staff.4. The District will provide appropriate level of technology support to students andfamilies. Interpretation support will be provided.5. Each building will implement a clear, consistent process for communication, toinclude current school-based structures prioritizing communication working inconjunction with counselors, social workers, family support workers, and studentfamily advocate workers, for students that need additional supports.TECHNOLOGY EQUIPMENT AND SUPPORT FOR EDUCATORS1. SPS will provide educators with a laptop equipped with District approvedsoftware2. All educators will provide content and delivery using district identified andapproved technology platforms and tools.3. Educators will not be recorded by SPS through virtual meeting platforms withouttheir explicit permission.4. The District will ensure its technology platforms and hardware and software areaccessible for students, families, and staff who require interpretation oraccommodation (ex: closed/live captioning).5. All student contact will only be supported via District approved software andequipment.SOCIAL EMOTIONAL LEARNING/STRATEGIES (SEL) AND DIGITAL CITIZENSHIPThe District and Association recognize social emotional learning strategies are anurgent and central need for students, families and staff in response to the sharedcollective trauma of a dual pandemic, and the guidelines below are meant as a first stepin integrating these strategies into the instructional and social fabric of schoolcommunities.Social Emotional Learning skills will be explicitly taught, integrated with academicinstruction, practiced by staff and demonstrated organizationally so that everyone feelswelcome, safe, and known as valued members of SPS communities. Professionaldevelopment will be offered to support SEL and well-being during the District-directedWaiver day (September 2 or 3) as well as continually throughout the school year. 1. All SEL/Digital Citizenship PD and supports will be trauma-informed and includeculturally responsive/antiracist SEL instruction and support with input from DREAand CRE.2. All SEL/ Digital Citizenship PD will be differentiated by content, grade levels (PK21), and needs.3. The district will provide training, materials, and supports to enable all SEArepresented employees to:a. Understand and provide remote SEL strategies to students.b. Appropriately provide and manage safe, inclusive and welcoming onlinelearning for students while suppressing unsafe digital interactions.c. Recognize and respond to students who may engage in unsafe digitalinteractions in a way that is least disruptive to the student-schoolrelationship, maximizes instructional time, and reduces out of instructionconsequences. The focus will be on addressing unsafe digital interactionsthrough a restorative lens of racial equity and anti-racism.i. When a student has engaged in unsafe digital interactions, theschool-based administration will utilize the district approvedDiscipline Matrix Guide for Administrators which recognizes thedisproportionate impacts of disciplinary responses on studentsfurthest from educational justice.4. The district will make accessible the current policies and procedures that pertainto maintaining professional staff and student boundaries. The district will providefurther guidance and support on what is effective and encouraged as well aswhat is ineffective or inappropriate.STUDENT AND STAFF HEALTH PRECAUTIONSThe District has recommended a remote model of instruction for the start of school thisfall 2020. Even in a remote model, the District will provide direct services to somestudents and families. On-site work critical to meet an essential student or businessneed will be determined by the Superintendent. For work which cannot be conductedremotely, staff will continue to report to work to fulfill their roles and responsibilities. TheDistrict will follow all local, state and federal health and safety guidelines to ensureemployees’ safety. The District will provide safety measures as outlined in this proposal.The following are guided by current OSPI guidelines, which include DOH and L&I, alongwith Public Health Seattle & King County requirements. The District and Associationagree these guidelines may change and need to be revisited periodically.In consultation with Public Health – Seattle & King County, SPS will continue to monitorCOVID-19 transmission data. SPS will utilize DOH’s K-12 Schools – Fall 2020-21Guidance and accompanying K-12 Decision Tree to help inform decisions about howand when to return to in-person instruction.Prior to resuming any in-person instruction or services, the student and staff Health andSafety precautions outlined in this agreement will be in place.A joint SPS/SEA workgroup (8 members – 4 SPS/4 SEA) will be established for thepurpose of reviewing Public Health – Seattle & King County COVID-19 health dataand utilizing the decision tree to make informed recommendations to the decisionmakers in SPS about changes to in-person instruction and servicesReopener language in this agreement would be triggered if changes to in-personinstruction are made.HEALTH AND SAFETYSeattle Public Schools will follow all Public Health guidelines, including any state andpublic health decision frameworks and processes for K-12 reopening of schools duringthe COVID-19 pandemic.1. Additional health and safety protocols in the following areas will be implemented:a. Cloth face coverings: Staff, students, volunteers, and buildingvisitors shall wear face coverings in accordance with state andlocal health guidelines.b. The District shall provide face coverings for all employees and students.c. Employees may choose to provide their own face coverings.d. Employees working with students who cannot wear a face covering shall beprovided appropriate personal protective equipment (PPE).e. PPE will be distributed related to job/task. Training on how to wearappropriate PPE will be provided. PPE such as face coverings/masks, gloves,goggles, face shields, and disposable/cloth gowns will be made available tostaff and distributed according to the activity/task performed.f. Appropriate PPE will be made available to staff who provide assistance tostudents who have special needs.g. Appropriate PPE will be made available to itinerant staff at each worksite.2. Health Screenings: Prior to entering any school facility, students and employeeswill be screened for COVID-19 in accordance with Public Health and Safetyguidelines. Policies will be drafted for daily reporting. Daily screening processeswill be put in place to screen for symptoms of COVID-19. A no contactthermometer will be available at each work site. Attestation must be completedby all persons entering the work site. 3. Physical Distancing: Capacity for students and staff in any facility and/orclassroom shall be limited by physical distancing requirements outlined by PublicHealth. Face coverings must be worn at all times (in accordance with above) andstaff must remain 6 feet apart. No in-person meetings will be held at theworksite.4. Hygiene practices: The district shall provide adequate facilities and suppliesfor hand hygiene as required by Public Health guidelines. The District will provideinformation and training on handwashing, cover cough/sneezes. Staff will beprovided the Seattle Public Schools Health and Safety Guidance Protocols for2020-2021.5. Protocols: Health and Safety protocols will be clearly communicated andprovided to the Association prior to employees returning to on-site work. Healthand Safety protocols include, but are not limited to, the following topics:a. Health screening (attestation, instructions about temperature taking, whento stay home/seek medical attention)b. Responding to student or staff with COVID-19 symptoms (communicationplan, isolation and supervision of student)c. District exposure plan (response and communication system)d. Building access points and traffic patterns (process and signage)e. Personal Protective Equipment (availability and access of PPE requiredfor employee’s assignment and alternative PPE or equipment required toaccommodate staff or student disabilities) and EnvironmentalModifications (per L&I)f. Health hygiene (expectations and use for hand washing and use ofsanitizer)g. Cleaning and disinfecting protocols, including protocols for cleaningbetween student or staff use of shared spaces (schedule, staff access tosupplies, instructions for safe and correct use and storage of productsh. Use of shared spaces (restrooms, classrooms, offices), shared equipment(copy machine), and shared teaching materialsi. Physical distancing (cohort, classroom space, traffic patterns, hallways)j. Ventilation (maximum occupancy and air quality standards forroom/workspace, outdoor air ventilation)k. Special Education protocols for in-person instruction (PPE, adaptive PPE,clear protective barriers, shared spaces, cleaning/disinfections and use ofequipment, toileting/diapering)6. Cleaning: Cleaning and disinfecting protocols will follow CDC, DOH, and PublicHealth guidelines. These protocols will include cleaning and disinfecting of hightouch surfaces, daily cleaning for classrooms (if children are present). Staff willhave access to approved cleaning and disinfecting products, with instructions foruse, for cleaning of items such as desktops, keyboards, phones, or other office equipment or tools before and after use. Hand sanitizer will be placed ineach workspace. Cleaning protocols will be outlined in health and safetyprotocols.7. Indoor Air:? The District will ensure HVAC systems, air handling equipment, andother mitigation strategies are monitored, routinely maintained, promptlyrepaired, and comply with American Society of Heating, Refrigeration, and Air-conditioning Engineers (ASHRAE), Department of Labor and Industries, andHealth Department requirements to ensure proper fresh air supply, filtration andcirculation to help prevent the spread of the COVID virus. Employee concernsabout indoor air quality will be categorized as high priority by the District’sWork Management System and may be raised again as the number of occupantspresent increases. Employees?will have the option of anotherpreviously?assessed room/office until the assessment is complete. The Districtwill share the results of any air quality analysis with the Association.8. Protocols for identification of symptoms, how to respond if there are symptomsassociated with COVID-19, and when there are any confirmed cases of COVID19 at the worksite, including internal SPS contact tracing, will be developed.9. Communication and trainings will be developed and provided for all staff on all ofthe bulleted points in order to prevent transmission and limit any spread ofCoronavirus. Staff will receive training on the following:? Health and safety protocols? Information about COVID-19 and how to prevent transmission of the virus? Role of COVID Supervisor, COVID Central Command Center, and CentralPoint of Contact (POC)? How to screen for COVID-19 symptoms? Physical distancing, handwashing, and cloth face coverings? Appropriate use and wearing of PPE? Importance of frequent cleaning and hand washing? What to do if someone develops symptoms of COVID-1910.Each building will have a designated COVID Site Supervisor whoseresponsibilities include monitoring the district’s safety plan, coordinating withcentral office, and making available adequate supplies. SEA members cannot becompelled to take on the role of COVID Site Supervisor.11.Determinations for In-Person Special Education Services Provision of In-PersonServices:a. When determining, the need for in-person supports, IEP teams will meetremotely to decide when and if any in-person services are needed. Teamswill review data to determine if the student requires in-person servicesto make meaningful progress on their IEP goals and determine how in-person services can be provided safely and in compliance with healthguidelines. Consideration of further data collection may be necessary. If additional data collection is needed, staff will continue progress monitoringand will provide increased opportunities to build-in remote supports (smallgroups, accommodations, modifications).b. The school nurse will attend IEP team meetings when a student is beingassessed for in-person services and inform the teams on the health andsafety guidelines. If a school nurse cannot attend,the team will consult with a district Health Services professional.c. Case manager may request a Special Education Regional and/or ESASupervisor and/or Special Education Program Specialist, be available toattend the IEP meeting where in person services are considered.d. Staff will have input on the space available to be used for in-personlearning. Staff will be provided consistent designated space sufficient forthe work expectations to limit cross contamination and exposure. Itinerantstaff will work with their building administration to designate that safespace.12.Provision of In-Person Special Education Services and Evaluations/Assessments:a. Special education evaluations/assessments will beconducted remotely unless the evaluating ESA and/or evaluatingteam determines that an in-person evaluation/assessment is necessary. Ifconducted in-person, it will be conducted by appointment only and willfollow Health and Safety Protocols while the District is providing remotelearning.b. Hearing Screenings + Audiology: Specialized equipment is required forhearing screening by Audiology, and these services will be provided whenin-person services are determined necessary by the provider. The Districtsound booth will be used when necessary for testing accuracy, followingHealth and Safety Protocols.c. During remote learning, special education services will be conducted in-person by scheduled services for students requiring in-person services andmust follow Health and Safety Protocols and IEP process, as outlinedin 11(a).d. Staff will be provided adequate space for testing and treatment for in-person services provided during remote learning.e. The District will communicate guidelines around remote specialeducation and in-person services to parents to explain district policy /procedure around in-person services / in-personevaluation to families, students, and community members. The Districtguidelines will use a racial equity lens and center anti-racism and not be anti-black in practice.f. Communication will be provided by the district around the provision of speechtherapy in the remote setting and be provided to families before the start ofremote learning and in person services.g. Any training for families on use of mobility or positional equipment (ex: gaittrainer, stander) will occur at the building by scheduled session. Other specificlarge equipment needs will be addressed on a case-by-case basis.h. For any workload impacts of the provision of the remote learning model fornon-Special Education staff with essential and non-essential work inbuildings, SEA members will have a conversation with their administrator todiscuss workload impacts as per the CBA and this MOU.EDUCATOR EXPECTATIONSSeattle School District No. 1 (“District”) and Seattle Education Association (“SEA or“Association”) share an interest in healthy school communities and want to respond asquickly and collaboratively as possible to navigate the public health emergency relatedto the COVID-19 coronavirus.?It is the duty of the District to provide a safe and equitable learning and workingenvironment for all students and staff. The District and Association have come togetheras partners?in the midst of?the current COVID-19 crisis to protect employees and servethe critical needs of students as follows:??1. The District and Association recognize the varied and complex needs of staff inorder to effectively perform duties. The District and Association’s ultimate goal isto protect the health and safety of students and staff. Even during a remoteinstructional model, staff will be expected to support students’ instructional needsin accordance with Individualized Education Plans (which may include in-personsupport). It is understood that as the health situation evolves, work may evolveand require flexibility from all parties. Staff and District are expected to adhere tothe Collective Bargaining Agreement and all basic responsibilities as outlined inthe CBA.2. Basic Responsibilities: Educators will continue to fulfill their basic responsibilitiesfor compensation as outlined in Article IV of the Collective Bargaining Agreement(certificated, SAEOP, and Paraprofessional). Employees will perform dutiesconsistent with their job description, except for alternative assignments asoutlined in this proposal. 3. Employees who have split FTE, or less than 1.0, will collaborate with theiradministrators to ensure employee work responsibilities, including meetings, willreflect the proportion of FTE allocated to that building or worksite.4. The District shall determine which work is essential and needs to be conductedon-site. These duties shall be work that is required to maintain basic operationsof the district, or on-site work critical to meet an essential student or businessneed. The District will develop a list of “essential” employees who may beneeded to conduct some of their duties on-site.5. Employees who perform essential duties may be required to report to work forduties that are unable to be completed remotely as directed by theSuperintendent or her designee for each divisional area (Chiefs). The District willfollow all local, state, and federal guidelines to ensure employees’ health andsafety. Accommodations to this requirement are outlined in the section below(Leaves/Accommodations).6. After the superintendent determines which work is essential, the employee whoperforms essential duties and their building or program administrator will havethe opportunity to collaboratively develop and review a plan for how the essentialduties would be completed pursuant to health and safety protocols in thisagreement.7. Employees who have work that has not been deemed “essential” (conducted onsite) may choose to be on-site for planning/preparation and delivering remoteinstruction. A schedule for all on-site work will be developed to ensure socialdistancing and all other health guidelines can be met. District training for a safere-entering of the building will occur prior to the start of school.8. Anyone entering a district building must follow all health and safety protocols ascontained in this agreement.9. The duties associated with school activities not coveredby current?stipend positions such as materials distribution and maintenance ofequipment shall be divided equally among all employees in a building. In caseswhen it cannot be divided equally, distribution of materials and maintenance ofequipment shall require flexibility of scheduling.10.Additional Covid-19 Remote Learning Expectations:a. Post expectations to students and families via the learning managementsystem about the instructional plan for the week, including learningobjectives, required activities, assignments, links to resources, andassessments, along with any associated due dates.b. Respond to all family and student communications within 48 hours duringbusiness days, when possible, with the understanding that interpreterinvolvement may take longer. Educators serving multiple buildings willcommunicate the parameters and expectations for their communicationstandards with students and families. When designating a single point ofcontact for students and families, the additional time required to ensureeffective communication with multilingual families should be taken intoaccount to ensure an equitable workload.11. District approved learning management systems will be used to archive lessonsand other activities for students to access at a later time. When introducing newmaterial, staff will, when possible, use screenshots, video recordings or onlinelessons to increase equitable access to instruction.a. Lessons may be pre-created or pre-recordedb. Recordings will be maintained for ongoing use through the remainder ofthe school yearc. Recordings may be submitted as artifacts for the purposes of evaluationsbut will not be used as observations for performance evaluation unlessrequested by the educator.d. Lessons with students may be recorded in compliance following thedistrict policies (e.g. FERPA, video release forms etc.). Lessons may becreated with collaboration amongst colleagues.e. Educators will use professional judgement to determine which videos topost for asynchronous instruction or to be accessed at a later time.f. Monitor student participation in activities, grade assignments andassessments, and provide timely feedback on work submitted by municate with families about student progress.g. For students who need additional support or enrichment, identifyappropriate activities and assignments to the greatest extent possible.CERTIFICATED STAFF (INCLUDING ALL SPECIALISTS)1. All full-time certificated teaching staff and specialists will work their 7.5-hour dayfollowing these requirements Monday – Friday, with 75-minute early release onWednesdays. Provisions for Article IV, Provisions for Compensation and WorkHours, Cert CBA, Employment Provisions, SAEOP and Para CBAs continue toapply, unless expressly outlined in this agreement.2. Certificated classroom teachers in the secondary setting (middle and high), willprovide instruction across a minimum of three and maximum of four instructionalperiods a day on an A/B schedule Mondays, Tuesdays, Thursdays and Fridays.Instructional periods will provide synchronous and asynchronous instruction. Theteacher is available during these instructional periods through one of the LMSplatforms or by phone. Teachers will provide a minimum of 2 synchronoussessions for each class period during the week and a combination of asynchronous and small group instruction based on student need to cover thepriority standards for the course. Secondary classroom teachers will providestudent check-in/community building/SEL support on Wednesdays for a minimumof 35 minutes. Additionally, buildings will determine a Wednesday schedule thatallows for live, differentiated small group instructional support and additionalfamily connections.3. Certificated classroom teacher in the elementary setting will provide the followinginstruction in a remote learning model. Each instructional period will be acombination of whole class, synchronous learning, and small group synchronouslearning, and asynchronous learning. The teacher is available to students forduring the instructional period through one of the LMS platforms or by phone.I. Check-in/community building 30 minutes five (5) times per weekII. Instructional period 1 (ELA) 60 minutes five (5) times per weekIII. Instructional period 2 (Math) 60 minutes four (4) times per weekIV. Instructional period 3 (Social Studies/Science/STI) 30 minutes four (4)times per weekV. Small group support 60 minutes five (5) times per week (determined byschool)VI. Family connection 30 minutes five (5) times per weekEDUCATOR EXPECTATIONS - OTHER ROLES1. ELL Teachers:a. Current staffing allocations will remain across the district until ELPAplacement testing can resume.b. Follow the same work expectations of a general education teacher.c. In coordination with classroom teachers and other staff serving Englishlearners, respond to email and other communication from families on theirdesignated point of contact list.d. Encourage the use of all domains of language, but particularly Listeningand Speaking – in the language used at home.e. Collaborate with classroom teachers to the degree possible on ensuringTier 1 instruction is accessible to EL’s in the content areas embeddingLanguage standards. Co- design, co-deliver lessons and/or provide smallgroup instruction as appropriate.f. Use formative assessment strategies to check on student learning andprovide feedback to students.g. Collaborate with IA about how to best support families and students.h. ELD teachers teaching sheltered classes (BOC, Secondary ELL ContentClasses) will perform duties such as:i. Connect with your students to communicate the learning targetsand activities in addition to providing instruction.ii. Hold regular and scheduled time for students and families to ask“live” questions.iii. Design assignments that teach the most critical ELP and contentarea standards using district adopted and/or teacher generatedmaterials.i. ELD teachers who coteach or support mainstream will perform duties suchas:i. Coordinate with classroom teachers and Bilingual InstructionalAssistants to streamline communication with EL students andfamiliesii. Collaborate with classroom teachers to address English languagedevelopment needs of EL students in content areasj. EL teachers will do duties within their job description such as meetingstate/federal compliance requirements2. DLI Teachers:a. The district will provide curriculum materials in the target language or thefunds to purchase them when aligned to the school allocation plan. Whendistrict provided curriculum materials are unavailable in the targetlanguage, the International Education Administrator will work withclassified or certificated members to identify materials and the district willcompensate classified or certificated members to translate the content.3. Pre-School/Kindergarten Teachers:a. Schedule Family Connection visits (virtual) throughout first week of school(9/4 through 9/11)4. Kindergarten Teachers: OSPI is requiring teachers to assess (remotely)Kindergarten students on all of the WaKIDS Objectives of Learning &Development by November 13.5. Counselors & Social Workers:a. The district and SEA recognize that school counselors and school socialworkers are two distinct professions with many overlapping roles andresponsibilities. b. The purpose and role of a school counselor is to provide integral supportsand services that address the academic, career, and social/emotionaldevelopment of all students. The purpose and role of a school socialworker is to provide an integral link between school, home, andcommunity in helping students achieve academic and social success.Counselors are also an important link between school, home, andcommunity. Social workers also provide supports and services thataddress the development of all students.c. School counselors will follow the ethical guidelines of ASCA (AmericanSchool Counselor Association).d. All counselors will have the option and ability to create a course on theDistrict approved learning management platform that is accessible to allstudents within their school or program.e. School counselors should provide and engage in:? SEL instruction and supports that may include small group or wholeclass instruction and supports.? Academic study skills lessons that may include individual, smallgroup or whole class instruction and supports.? College and career readiness lessons that include, but not limitedto small group or whole class instruction and supports, instructionusing district provided lessons that support the high school andbeyond plan for all secondary students, one parent workshop forgrades K-10 that will focus on paying for college and basic collegeknowledge, one parent workshop for grades 11-12 that will focus oncollege, small group interventions to support College Boundscholarship sign ups, small group tier 2 interventions for AAMMseniors with HSBP completion and post-secondary plans;? Family consultation?(given health and safety guidelines/protocolsare for 100% virtual/remote setting).? Classroom support.? Schoolwide assemblies.? Agency consultation on behalf of students and families.? Facilitating referrals.? Advisory/homeroom support.? Counseling program evaluation, data capturing and results reports,professional development with SPS district staff, graduationauditing, registration and transition support.? Collaborate with administrators, parents, families, other educatorsand IEP team members.? Crisis prevention and planning to address trauma, grief, basicneeds, anxiety, other mental health challenges, racism, community trauma, poverty, economic hardship, homelessness, and physicalhealth, to provide systemic, preventative measures to prepare forreturn to any in person learning.f. School social workers will follow the ethical guidelines of SSWAA (School SocialWork Association of America).g. School social workers will have the option and ability to create a course on theDistrict approved learning management platform that is accessible to all studentswithin their school or program.h. School social workers should provide and engage in:? Individual counseling (given health and safety guidelines/protocols are for100% virtual/remote setting).? Small group intervention?(given health and safety guidelines/protocols arefor 100% virtual/remote setting).? Whole class teaching.? Collaboration with administrators, parents, families, other educators andIEP team members.? Family consultation?(given health and safety guidelines/protocols are for100% virtual/remote setting).? Classroom support.? Agency consultation on behalf of students and families.?? Facilitating referrals.? Advisory/homeroom support.? Documenting services, capturing data and outcomes and participating inprofessional development with district staff, registration andtransition support.? Crisis prevention and planning to address trauma, grief, basic needs,anxiety, other mental health challenges, racism, community trauma,poverty, economic hardship, homelessness, and physical health, toprovide systemic, preventative measures to prepare for return to any inperson learning.6. Positions that Support Student/Family Needs (Paraeducators):? Respond to staff and family emails and other communications.? Identify and connect with students and families.? Provide staff, students, and families referrals for basic needs andcommunity resources.? Act as liaison for families when accessing and coordinating servicesfrom schools or outside partners to access the maximum amount ofresources and provide linkages to students and families.? Conduct virtual home visits for all students/families on caseload andother students identified as needing a virtual home visit.? Collaborate with building and district staff/teams to providecomprehensive and coordinated care to students and families.? Support family in crisis, including housing insecurity? Advocate on behalf of families.7. Librarian:? Continue to build a reading culture through book groups, readers advocacyand continued school-wide programs and support the reading lives ofSPS students? Manage and maintain the library’s collection as a reflection of the diverseneeds of their community.? Use a digital classroom to provide activities and resources for students andfamilies? Design and deliver?SEL, digital citizenship, and literacy lessons,?includingonline databases for students,?differentiated by grade level?and/or contentarea.?? Offer enrichment opportunities for students and families.? Provide focused activities specific to grade band, or content area that arealigned with SPS Priority standards.? Organize a check out system for library materials during remotemodel prioritizing access for students furthest from educational justicethrough multiple delivery models.? Provide read-alouds, lead book groups, actively engage in reader’s advocacy,and plan/promote school-wide reading programs/activities? Will?collaborate with other building staff?to provide student and family trainingon accessing digital media and resources available both in district andonline.?? Will?collaborate with other building staff?to provide technology assistance toteachers, parents, and students.?? Per contract five (5) additional days per school shall be made available for theacademic year at per diem rate to be used in the opening and closing of thefacilities?and services.?One (1) or two (2) of the available days may be utilizedduring winter or spring vacation to complete tasks that cannot be carried outduring the school year.8. Specialist (Music, PE, Art, etc.):? Elementary Specialist will follow the same synchronous and asynchronousinstructional expectations and schedule as classroom/homeroom teachers.? Working with BLT to ensure all students in all grade levels have access to theexisting programming at each elementary school (such as the arts, library,and physical education programs)? Work with grade level teacher to include specialist content materials/activitiesin the classroom? Respond to family and staff emails and other communications? Adhere to basic responsibilities as outlined above for all certificated staff.9. Interventionist:? Collaborate with classroom teachers and other support staff, includingcounselors and social workers, to coordinate Tier 2 instruction for students(both students approaching standards and above standards receivingintervention during the regular school day)? Provide synchronous and asynchronous instruction throughout the day incollaboration with classroom teachers and other support staff.? Pre-record lessons to be accessed in the District approved LearningManagement Systems.? Work with classroom teachers to support students receiving tiered supports? Review scope of duties with your school leader(s)? Respond to family and staff emails and other communications? Implement, support and monitor student support plans ensuring that studentand family are contacted through multiple modalities? Utilize district and community resources and partners to help ensure studentand family basic, education, social emotional, mental and health needs aremet.10.School Nurses:? Promote student immunization compliance in accordance with WA StateImmunization laws. Review WAIIS reports and communicate with families.Prioritize McKinney-Vento, foster, over 19, and Running Start students.Coordinate with SBHC or community partners.? Promote flu vaccine for staff and students. Participate in Seattle VisitingNurse Flu clinics (Sept-Nov).? Promote flu vaccine to staff and students via staff communication (emails/newsletters). Identify and target students in schools who are at high risk dueto health conditions.? Educate staff, students, and families about COVID-19. Provide resources forfree testing, including SCAN testing and Seattle Flu Study. Support contacttracing at direction of Public Health. Standardized resources will be madeavailable to nurses.? Perform mandated vision/hearing screenings in accordance with WA Statelaws and the health and safety protocols contained in this agreement. Whilein a remote model, school nurses will not be expected to perform vision andhearing screenings in the home, schools, or community-based settings.? A nurse will complete vision and hearing screenings onsite for specialeducation evaluations being completed as determined by the evaluatingteam.? Nurses may, but are not required to, flex their schedule to best meet theneeds of students.? Assist with connecting families to vision and hearing services if a concern isexpressed or identified.? Support student attendance. May include assisting attendance secretary tocontact families when student is absent with COVID-19 likesymptoms. Provide follow up for students with symptoms related to COVID,refer to health care provider or SBHC, and provide resources for free COVIDtesting.? Participate in virtual building team meetings such as IEP, 504, MTSS, andCrisis Intervention meetings.??? School nurses, through their PLT process, may expand?their?scope ofwork?performed while in a?100% remote phase to?more fully support?the?needsof students.EDUCATOR EXPECTATIONS – SPECIAL EDUCATIONIn addition to what is outlined in Section VIII “Educator Expectations” above, specificroles may require the following expectations in a remote instructional environment.1. Plan synchronous and asynchronous student services in accordance with theCBA (including engaging lessons and/or support students, accommodations,modifications, and small group or individual instruction)2. Meet and/or communicate with IEP team members and families in order toprovide learning supports (ex: office hours)3. Following ongoing IEP guidance, and current CBA language, design and providesmall group, 1:1 and consultation services that are aligned with IEP Goals.4. Will collaborate with general education teachers and IAs, and relatedservice providers, to provide SDI through co-teaching, and push in/small groupsupport, and to support student learning5. Develop IEPs and conduct IEP Meetings, including reviewing students’ progressfollowing the spring Covid-19 closure. Amend IEPs, as needed, to adjust servicesand matrices /accommodations/modifications for remote learning, if required byOSPI standards6. Monitor goal progress following guidelines provided by district, with ongoing datacollection and issue progress reporting to families following schedule outlined inCBA and MOU.7. Support paraeducators in engaging students in the provision of special educationservices, including collaborating with paraeducators on scheduling their time withindividual students and/or small groups.8. Certificated Special Education staff will receive an increased $3000 stipendduring the COVID event to compensate staff for additional COVID-relatedpaperwork (in lieu of the $2500 stipend in the CBA). Certificated specialeducation case managers with caseloads of 18 or more will be given anadditional $500 as part of their stipend. Stipends will continue to be paid per CBAtimeline (2x yearly).9. Special Education staff will receive their full stipend during the COVID event10.Special education certificated staff may, but are not required to, flex theirschedule to best meet the students’ and families’ needs.11.District will provide. materials, professional development/trainings, tools for datacollection and equipment to implement students’ IEPs. Sensory disabilitymaterials and training will be included (ex: Braille displays, large print, continuousclosed captioning). All trainings will be accessible.12.Reasonable time will be provided for the completion of COVID related paperworkfor certificated special education staff. Significantly overdue paperwork willtrigger a conversation with team lead or program specialist for check in andsupports. No penalties will be leveraged against stipends due to non-complianceof COVID related paperwork.13.Any staff required to work in-person services and remotely simultaneouslywill have a conversation between the administrator and staff to discuss workloadimpact on the educator. Workload mitigation for staff providing in person servicesand/or online services will go to SPED joint labor management workgroup.SPED JLM will start no later than Oct 15.14.See SPS/SEA Jointly Written Special Education Communication for additionaldetails, including a plan and locations for the provision of special educationservices.ESAs (including School Psychologists, Audiologists, Speech LanguagePathologists/Therapists, Occupational Therapists, Physical Therapists).1. Design and provide small group, 1:1, and consultation services that are alignedwith IEP services2. Develop IEPs and conduct IEP Meetings following IEP guidance provided by thedistrict, when required by provider responsibilities as outlined in the CBA3. Monitor goal progress following guidelines provided by the district, with ongoingdata collection and issue progress reporting to families following scheduleoutlined in CBA and MOU4. Collaborate with the IEP team including families, related serviceproviders, instructional assistants, general education educators, and SPED teammembers to support student learning, including the development andimplementation of treatment plans as related to student IEP5. Itinerant ESAs will collaborate with IEP/SPED teams to develop communicationplan for families / student6. School Psychologists can, but are not required to, collaborate with CaseManagers, related service providers, IEP team members, students, parents andcommunity members to provide additional supports, services for students andfamilies as needed, as current FTE caseload allows7. Collaborate and/or check-in with Case Managers and documentevaluation/reevaluation needs and plans, and complete student evaluations forspecial education services, as required per discipline in the CBA8. School psychologists and ESAs who complete evaluations and additionalassessment revisions that were delayed due to COVID related closure in Spring2020 will receive compensation at their per diem rate for hours worked beyondtheir workday. This will be documented through ESS portal for extra time.9. ESAs will be provided guidance on remote service delivery, including onlineservice delivery, documentation, best practices, writing and completingevaluations, and consent (if needed) for online learning. Guidance will bedeveloped with SEA member input10.Materials, professional development/trainings and equipment, including onlinelearning and therapy materials, headsets for SLPs, and online assessmentprotocols for completion of evaluations, and delivery of services, will beprovided by the District11.SPS will provide additional SLP staffing for the first 6 weeks of the 2020-21school year with a goal of meeting the current contract caseload for SLPs andmeeting required IEP services. If caseload average is not met after 6 weeks,SPS will provide additional staffing until caseload average is met.12.If requested, or if an SLP is unable to meet the required IEP minutes on theircaseload, a conversation between the administrator and staff will be held todiscuss workload impact on the educator. SLP, team lead, school-based admin,and ESA supervisor will collaborate on a mutually agreed upon plan for relievingworkload impact on educator. By October 15, 2020, SLPs will meet with theESA supervisor and Team Lead to discuss case load and determine if staffingshould continue or other mitigation is necessary (e.g. overage pay, additionalFTE, SLPA supports)13.With advanced approval from the ESA Supervisor, SLPs will be compensated attheir per diem rate for hours worked beyond their workday, up to a maximum of24 hours per SLP for the duration of this agreement, with additional hours asauthorized by Director of Special Education. INSTRUCTIONAL ASSISTANTS (PARAEDUCATORS)Paraeducators (PK-21) will support student/parent engagement by working with schoolstaff to determine which families will be on their point of contact list. Work schedules willcontain designated time for contact, in agreement with families’ needs.1. Check District emails and be available for phone calls during regular work hours.2. Bilingual IAs will do duties such as, support student/family outreach andengagement3. Communicate with teachers daily4. Collaboration with educator peers through PLC/Job-A-Like activities5. Connect with individual students to support completing tasks and accessingmaterials as possible6. Instruct and support students according to the plans provided by the specialeducation teacher(s).7. Attend remote Building/Department Meetings as appropriate during regular workhours8. Participate in classes with their classroom teacher to support student onlinelearning9. Assist certificated classroom staff in the identification/creation of appropriateacademic and enrichment activities for students10.Will participate in professional development PD activities relevant to theirassignment (Fundamental Course of Study, Safe Schools, WEA, NEA, OSPI,PSESD, , etc.)11.Bilingual IA's will do duties in their job description such as supporting instructionalsupport through small group instruction12.SPED IAs attend SPED meetings, including IEPs as appropriate during regularwork hours13.Bilingual IAs will do duties in their job description such as collaborating with theEL teachers and classroom teachers to support access to grade level curriculum14.Bilingual IAs will provide duties in their job description such as direct support forstudents' language development and access to core content through small groupinstruction.15.Bilingual IAs collaborate with teacher and staff to communicate to families withinterpretation and translation supportsSAEOP?WORK EXPECTATIONS DURING REMOTE INSRUCTIONAL MODELSAEOPs acknowledge that they perform critical tasks for the district and that sometasks are unable to be done remotely, for this reason essential work that must beconducted on-site in order to meet a legitimate student or business need will continueto be performed. Office professionals will continue to fulfill their basic duties asoutlined in their job descriptions. All employment provisions outlined in Article IVcontinue to apply.The Superintendent and Board of Directors has determined that schools will open forthe 2020-21 school year with a remote model, and school offices will need to remainopen during school/business hours. While school doors and offices remain locked, theparties recognize that the SAEOPs role will require some on-site duties and have aprimary role to support the day to day functions of the school and program/departmentoffices. A schedule for on-site work will be created in collaboration with the buildingprincipal and office professional(s). As such, it is agreed:1. In collaboration with the building principal and office professional(s),buildings will establish school-based office hours for which at least oneoffice professional will be on-site during those hours. School-based officehours will be posted on school doors and website for families andcommunity. In schools where there is only one office professional, SAEOPswill work with their principal to establish school-based office hours for aminimum of 20 hours per week.2. A SAEOP schedule for on-site work will be established at each site to ensuretasks can be performed while implementing all health and safety and socialdistancing standards. An alternating schedule may be developed to minimizerisk of exposure. Any work that can be completed remotely will be allowed tobe conducted off-site.3. All SAEOPs in a building/program/department will meet with theirsupervisor/principal on their start date to coordinate work distribution anddaily schedules to ensure equitable workloads as outlined in Article IV,Section C.4. To coordinate adjustments to this plan, SAEOPs will meet?remotely asneeded (at least weekly) to review workload and prioritize tasks. If tasks arebeing redistributed,?the?Principal/Supervisor will be notified in writing (email orprinted copy of new workload management plan).?5. Where multiple?SAEOPs?share office space, the SAEOP team, incollaboration with the principal/supervisor,?will develop a rotation schedule to ensure only one (1) SAEOP is working in the office at any time.? OtherSAEOPs will continue to?work remotely on workload items agreed upon in theWorkload Management plan.6. SAEOPs in each building/program/department will?meet with theirPrincipal/Supervisor to establish a?regularly scheduled?day each week forSAEOPs to do critical work in the building/program/department that cannot becompleted remotely.? All safety protocols?outlined in this agreement, includingPPE and social distancing, will be followed.?7. This on-site coverage schedule should be equitable for all SAEOPs in thebuilding/program/departments.?SUBSTITUTE UTILIZATION DURING REMOTE INSTRUCTIONSubstitutes are vital for the day-to-day functioning of Seattle schools. Utilization ofSubstitutes’ will be modified for the 2020-2021 school year as follows:1. Frontline Absence Management will be utilized to allow educators to connect withsubstitutes and substitutes to find work assignments for remote learning.a. Schools will be encouraged to develop relationships with substitutes asextensions of their community.2. The District will develop a guide and training modules for educators on how toaccess Frontline and request a substitute and how to provide access totechnology platforms used during remote instruction. These materials will becompleted by September 30, 2020.3. The District and Association will jointly develop a set of templates that alleducators will use when requesting a sub. The templates will include items suchas lesson plan(s), basic information including links to meetings or other relatedtools that the sub will need to access to perform the job. Templates forcertificated teachers and classroom paraprofessionals will be completed bySeptember 30, 2020. Other templates may be created as needed for other jobs.4. Substitutes will be able to record hours worked electronically?in ESS orby?electronic signature software such as DocuSign?until ESS is available.??5. Substitutes can and should be reallocated to new support roles to supportstudents and educators during the transition to online learning. Using racialequity tiering, schools will be allocated the following number of hours to utilizesubstitutes to support schools during the transition to online learning during thestart of school:a. Tier 1 schools: 80 hoursb. Tier 2 schools: 60 hoursc. Tier 3 schools: 40 hoursd. Tier 4 schools: 30 hoursThese funds can be utilized until Oct. 31, 2020. Some examples of substitute useduring the transition include:e. Using Paraprofessional substitutes to tutor students or work in smallgroups.??????f. Using Certificated substitutes as intervention specialists to work withspecific teachers?to address student needs.????g. Providing office hours to work with specific students.????h. Assisting with online support for students or parents.????i. Checking in with asynchronous learners.????j. Assisting teachers with outreach to unresponsive students/families.k. Assisting with technology support for families.??l. Assisting with the distribution of technology and materials.??6. The District will keep a supply of loaner laptops for substitutes to access andprovide support for technology and systems for substitutes to complete theirduties with students in a remote setting. Retrieval of laptops will be donefollowing health and safety protocols contained in this agreement.?7. Until loaner laptops are available to substitutes, they shall be permitted to usedesktop computers at designated regional schools most convenient to them,following health and safety protocols contained in this agreement.8. Substitutes will have access to all necessary and relevant district online tools.9. The existing Substitutes Joint Labor/Management group will review substituteutilization and school needs for extra support during the first few months ofschool to determine if there is additional need for extra help work that substitutesmay fulfill.10.The utilization of substitutes will be addressed in regularly scheduled SubstitutesJoint Labor/Management meetings. The JLM will develop a survey to assessongoing building needs that could be addressed by substitutes. This survey willbe emailed to all building administrators and completed by October 31.11.Where it does not interfere with employee rights outlined in another CollectiveBargaining agreement, jobs (e.g. temporary, technical support, inventory) will bemade available for well qualified substitutes before hiring outside the district.SCHEDULESEducators will continue to fulfill their basic responsibilities for compensation as outlinedin Article IV of the collective agreement (certificated, SAEOP and Paraprofessional).The District will provide guidance through the site-based team(e.g. Building Leadership Teams) on how to implement the District approvedschedule framework that is provided in the OSPI remote “Reopening Plan for 2020-21”. Provisions for approving schedules as outlined in Article II, Section A remain inplace.While the District schedules will outline parameters and guidelines for start/end andlunch time, schools will have the flexibility to ensure schedules meet students’ needs.Examples of this flexibility include, but are not limited to:? Asynchronous activities? Small group instruction (e.g. book clubs, SEL work)? Additional Specially Designed Instruction/Related services? Library programming and access (such as curbside pick-up)? Other activities as determined by building staff? Schedules are in support of student need as outlined in the school’s CSIPWednesdays will continue to follow the 75-minute early release schedule forcollaboration time (per CBA). In addition, schools will have an additional 30 minutes ofcollaborative planning or professional development time. Educators will still need toprovide students asynchronous (independent) learning activities for these 30 minutes sothat minimum instructional minutes can be met. (See Educator Expectations associatedwith schedules). Staff meetings will continue to follow the current collective bargainingagreement.Elementary specialists will not be required to provide synchronous instruction for morethan three instructional periods on Monday, Tuesday, Thursday, and Friday. OnWednesdays, elementary specialists will not be required to provide synchronousinstruction for more than two instructional periods.Instructional periods can be made up of a combination of synchronous andasynchronous instructional opportunities. Below are definitions of these terms.Delivery ModelWhat This MeansExamplesSynchronous (live)Students engage inlearning live viatechnology with aneducator? Teacher facilitates discourse about a shared lesson with a whole class over video conference? Students work together on a group project in a breakout room over video conference? Students work independently while on video conference; teacher monitors work, chats, and provides individual feedback or pulls a small group into a breakout room to share feedback.? This model applies to Tier I, II and III instruction and support.Asynchronous(offline)Students engage inlearning independentlyand offline, on their owntimeline? Students watch a pre-recorded video lesson on their own schedule? Students complete assignments posted on district platforms on their own schedule? Educators provide feedback on completed assignments over district platforms? This model applies to Tier I, II, and III instruction and support. EVALUATIONGuiding Principles adapted from OSPI Guidance for TPEPThe parties agree that district, school, and association leaders will collaborate regardingevaluation, including:? Understanding that during a year when the mode of teaching and leading maychange quickly and multiple times, a formative stance will be most useful.? Recognizing that the opportunities for providing/substantiating evidence in theusual ways may be restricted, and that with this, the absence of evidence for anindicator or component should not be cause for lowering a score.? Acknowledging teachers’ and school leaders’ specific contexts (issues withinternet access, health concerns, children at home) when working remotely, andthe impacts these contexts have on their work.? Honoring the importance of setting up (reasonable) expectations for teachers atthe outset, and then ensuring robust supports are provided for them to meetthese expectations.? Procedures for the logistics of completing the evaluation process and forms mayneed to change for the 2020–21 school year. Electronic tools used for evaluationconferences, remote and/or video observations, electronic and/or emailsignatures, and forms being used for this year (2020–21) only may benecessary.The parties will meet to discuss any updated guidance from OSPI regarding the impactsof remote learning on evaluation for classified and certificated staff.1. For 2020-2021 evaluations of certificated employees will be conducted inaccordance with provisions of the Collective Bargaining Agreement (CBA) forNon-supervisory Certificated Employees and remain subject to the definitions,timelines, supports, and procedures therein. The parties agree to amend theevaluation process described in Article XI in the collective bargaining agreement(“CBA”), as follows:a. Certificated employees in their first year of teaching, or in their first year ofteaching in Seattle Public Schools, will receive a full comprehensiveevaluation in 2020-2021, in accordance with Article XI, Section D of theCBA and in this MOU.b. Certificated employees who are on a continuing contract and did not meetthe performance schedule in 2019-2020 will receive a full comprehensivecycle in 2020-2021, in accordance with Article XI, Section D of the CBAand in this MOU.c. Certificated employees who are on a provisional contract and did not meetthe performance schedule, or received an overall Basic rating, will receivea full comprehensive evaluation in 2020-2021 in accordance with ArticleXI, Section D of the CBA and in this MOU.2. All other certificated employees who are not included in items a-c but should beon a comprehensive cycle in 2020-2021 per Article XI, Section G.1 of theCBA, are eligible to be on a modified version of the comprehensive cycle. Themodified version of the comprehensive cycle shall be as follows:a. The teacher shall select, and the evaluator shall approve two criteria (andone student growth focus [3, 6 or 8]) to be formally scored using evidencecollected during the 2020-2021 school year.b. The remaining six criteria shall be scored by assigning the overallsummative score (not the corresponding criterion score) received on themost recent Comprehensive evaluation. Teachers may request anevaluation of all 8 criteria and that request shall be approved.c. Student growth will be scored using the rubrics developed by OSPI for the20-21 school year.d. The summative score shall be determined by adding all criterion scores(using the 20-21 scores for the two criteria selected, and for each of theremaining criteria, the overall score received the last time the teacher wason a comprehensive cycle) using the scoring bands provided in the CBA.e. The Student Growth Impact Rating shall be determined by adding allstudent growth components (using the 20-21 scores for the two criteriaselected, and for each of the remaining criteria, the overall score receivedthe last time the teacher was on a comprehensive cycle) and using thescoring bands provided in the CBA.f. An evaluator can move any certificated employee to a full comprehensiveevaluation of all eight (8) criteria by December 15, 2020 if concerns areidentified, in accordance with Article XI, Section G.3 of the CBA and statelaw. For certificated teachers, this will allow the school leader to initiateconsulting teacher support.g. Certificated employees who were assigned to a comprehensive evaluationcycle for 2020-21 at the end of the 2019-20 year, in accordance withArticle XI, Section G.2 of the CBA, will also receive a full comprehensiveevaluation of all eight (8) criteria.h. Certificated employees on the Comprehensive evaluation cycle shall haveat least two (2) observations for a total of sixty (60) minutes of theireducational practice conducted, in accordance with the provisions ofArticle XI, Section D.8 of the CBA.i. One observation shall be planned for a time when the educator isengaged in synchronous virtual instruction (classroom teachers) orother role-specific learning experience (i.e. Counselors, ESAs,Teacher Librarians) with students.ii. The other required observation may be unscheduled or may bebased on coaching discussions between the evaluator andeducator of informal evidence gathered outside of the instructionalsetting.iii. Observations will be conducted in accordance with the currentcollective bargaining agreement.i. Certificated employees on Focused evaluations shall be evaluatedaccording to the requirements outlined in Article XI, Section D.3 and D.8.cof the CBA. Qualifying for Consulting Teacher support will continue tofollow processes outlined in the current collective bargaining agreementbetween the District and the Association.j. The Professional Growth & Educator Support committee shall approve aset of “look fors” related to the components of the Danielson Frameworkfor Teaching and TPEP eight (8) evaluative criteria to be used byevaluators who observe online instruction. The PG&E Committee will workto create/align critical attributes in a remote setting that align with theTPEP evaluation rubric.k. The SPED ESA Evaluation work group will work to develop a set of“look fors” in a remote setting that align to the four (4) domains ofevaluation for each SPED ESA rubric.l. The Professional Growth & Educator Support committee (or anotherappropriate work group appointed by SPS/SEA for this purpose) will workto develop a set of “look fors” in a remote setting that align to the four (4)domains of evaluation for non-TPEP certificated employees and nonSPED ESA certificated employees.m. The District will provide information on the added “look fors” to allevaluators before any educator is engaged in an observation, but prior toOctober 15th.n. The District will provide information to all educators in a variety ofmodalities to ensure educators learn about and understand the “look fors”to be used during an observation.o. Evidence from online instruction/services is presumed to be “Proficient”unless there is a preponderance of evidence in a given criteria to suggestperformance is “Distinguished”, “Basic”, or “Unsatisfactory”.p. For certificated employees who are provisional or on professional growthsupport documents or performance improvement plans will continue toreceive PAR and other supports per the collective bargaining agreement.CLASSIFIED EVALUATIONS:In recognition of the uncertain circumstances of working during the COVID-19 healthcrisis, the parties agree the focus of evaluation process during this time is rooted insupporting staff in their professional growth to ensure a positive learning environmentfor students.1. Classified Employees will continue to be evaluated in accordance with thecollective bargaining agreement and a final summative conference withthe employee must be held prior to the final evaluation report being summited.2. The Classified Mentorship workgroup will be reconvened by October 1 to developa set of “look fors” for each of knowledge/skills on the classified evaluation thatmay be applicable during COVID-19. The District will provide a virtual training forevaluators on classified evaluations to be completed prior to the end ofDecember 2020. 3. The following modifications will be made for the 20-21 school year:a. All Classified employees who have received an overall rating of “Strong”or “Excellent” will be moved to a “Focused” evaluation cycle for the 20-21school year.b. Any classified employee who has been rated “Satisfactory” will be allowedto request a “Focused” evaluation cycle for 20-21. That decision will bemade in consultation with their evaluator.4. Employees on a focused evaluation may be returned to a Comprehensiveevaluation by the evaluator, but no later than 3 months prior to their finalevaluation.5. If an employee’s performance is rated “Unsatisfactory” they shall be provided amentor as outlined in the collective bargaining agreement and may be placed onextended probation as outlined in Article IV, Section B with the followingadditions:a. Employees whose performance has been identified as Unsatisfactory mayrequest three (3) days of on the job mentoring. Every effort will be made toprovide a mentor.b. Extended probation shall begin after the “look fors” training has beencompleted for the employee.c. During the probationary process for Newly Hired Employees, either theevaluator or new employee may request mentor support should theevaluator note performance concerns.6. The Classified Mentorship Workgroup will work to create/align components fromthe evaluation rubric to incorporate best practices of online student supports andadministrative office work.7. The District will provide information to all educators in a variety of modalities toensure educators learn about and understand the classified evaluation processand “look fors” in a remote setting.GRADINGPolicy 2420 outlines the District’s grading policy. The OSPI Reopening Plan for 20-21outlines the grading practices for 20-21. SEA and SPS have a shared interest inminimizing the negative impact of the school remote and hybrid learning on ourstudents, particularly our students furthest from educational justice. The District willprovide all educators with the process and protocols for grading in the 20-21 schoolyear.ATTENDANCEAs part of a teacher’s basic responsibilities, daily attendance is mandatory and must bein alignment with OSPI guidelines and District approved protocols. Suspensions andexpulsions for non-attendance or truancy are not appropriate interventions and shall notbe used. Clearly outlined expectations and consistent procedures will be provided tostudents and educators. Student participation could look like, in order to be counted aspresent, including but not limited to:1. Daily logins to learning management systems.2. Daily interactions with teacher(s) to acknowledge attendance (including messages,emails, phone calls, or video chats); or,3. Evidence of participation in a task or assignment. Student presence is determinedby engaging in planned synchronous or asynchronous activities.Seattle Public Schools is dedicated to providing racially, culturally, linguistically andage-appropriate supports and interventions for attendance. Student supports include,but are not limited to the following:? Teacher trying to contact student and family? Attendance Secretary at school building/program will call all students markedabsent in the morning and afternoon.? School support team (e.g., MTSS, Social Worker, School Counselor, FamilySupport Worker, Nurse, or other) works to contact familyACCOMMODATIONS, LEAVES, AND BENEFITSThe District has recommended a remote model of instruction for the start of school thisfall 2020. Under this model, the District has agreed that work that can be done remotelymay be done remotely.The District will follow all local, state and federal health and safety guidelines to ensureemployees’ safety. The District will provide safety measures as outlined in thisagreement. The District and Association recognize the need to provide clear guidanceto employees impacted by COVID-19 regarding accommodations, leaves, and benefits.1. Compensation: All SEA represented employees working in a regular position willcontinue to be compensated under the terms of their Collective BargainingAgreement as a result of the school closure(s) related to Coronavirus/COVID-19.There shall be no reduction of compensation for any supplemental contract, extrapay or stipends already in place unless the work cannot be and isnot completed in a remote setting, as a result of the school closure(s) related toCoronavirus/COVID-19.2. Employees who have health conditions, as defined by CDC, that lead toincreased risk for severe illness from COVID-19 and have documentation from a medical professional advising the individual to quarantine or self-isolate, will havethe opportunity to request remote accommodations or an alternativeassignment.3. Employees may access leave provisions in their collective bargaining agreementand those allowed under state and federal law. The accompanying chart outlinesthe accommodation and leave options available to employees in varioussituations related to COVID-19. Employees continue to have access to ADAprovisions for a 504 plan as currently outlined in the CBA.4. The District will work with the Association to advocate with community partners toprovide childcare options to educators.During remote learning, employees will have the opportunity to requestaccommodations or an alternative assignment as described in the chart below:Type ofEmployeeAccommodation OptionsLeave OptionsIncreased-risk forsevere illnessfrom COVID-19? Request remote work or an alternativeassignment for work/services whichmay be provided remotely, ifavailable and reasonable(documentation required)? Use of available leave (documentationrequired)? 10 days of 100%paid FFCRA leaveif advised by ahealthcare providerto self-quarantine? Accrued paid leave(personal, vacation,or sick)? Unpaid leave? UnemploymentbenefitsCaring for familymember who hasincreased risk forsevere illnessfrom COVID- 19? Request remote work or an alternativeassignment for work/services whichmay be provided remotely, ifavailable and reasonable(documentation from a healthcareprovider stating the need required).? Use of available leave (documentationfrom a healthcare provider stating theneed required).? 10 days 2/3 paidFFCRA leave iffamily memberadvised by ahealthcare providerto self- quarantine;employee maysupplement withaccrued paid leave? Accrued paid leave(personal, vacation,or sick)? Unpaid leave ofabsence for the 20-21 school year.Tested positive forCOVID- 19 orseeking diagnosisof COVID-19? Request remote work or an alternativeassignment for work/services whichmay be provided remotely,if available, and reasonable, and if theemployee is well enough to perform theduties. (documentation required).? Use of available leave (documentationrequired)? 10 days 100% paidFFCRA leave? Shared leave? Accrued paid leave(personal, vacation,or sick)? Washington PaidFamily MedicalLeave (PFML)? Worker’scompensation(under certaincircumstances)? FMLA (unpaidleave except forcontinued healthinsurance benefits)? Unpaid leave ofabsence for theperiod of thetemporary disablingcondition? Long-term disabilitybenefits? UnemploymentbenefitsCaring for childwhose school ordaycare provideris closed due toCOVID-19? Request remote work or an alternativeassignment for work/services whichmay be provided remotely, ifavailable andreasonable (documentation required)? Use of available leave (documentationrequired)? 12 weeks ofFFCRA 2/3 ofsalary paid leave.May use accruedpaid leave tosupplement the 2/3pay for the first 2weeks of leaveonly? Accrued paid leave(personal,vacation, or sick)? Unpaid leave ofabsence for the2020-21 schoolyear.Quarantined dueto possibleexposure toCOVID-19? Request remote work or an alternativeassignment for work/services whichmay be provided remotely, ifreasonable and available, and if theemployee is well enough to performthe duties (documentation required)? Use of available leave (documentationrequired)? 10 days 100%FFCRA paid leave? Paid administrativeleave if out ofFFCRA leave,remote work is notpossible, andexposure was froma District work site? Unpaid leave ofabsence for theperiod of thequarantine? Unemploymentbenefits? Accrued paid leave(personal,vacation, or sick)Caring forindividual infectedor suspected ofbeing infectedwith COVID-19? Request remote work or an alternativeassignment for work/services whichmay be provided remotely, if availableand reasonable (documentationrequired)? Use of available leave (documentationrequired)? 10 days 2/3 paidFFCRA leave iffamily memberadvised by ahealthcare providerto self- quarantine,employee maysupplement withaccrued paid leave? Shared leave? Accrued paid leave(personal,vacation, or sick)? Washington PaidFamily MedicalLeave (PFML)? FMLA (unpaidleave except forcontinued healthinsurancebenefits)? Unpaid leave ofabsence? UnemploymentBenefitsEmployees whocannot wear amask or otherrequired PPE? Request remote work or an alternativeassignment for work/services whichmay be provided remotely, if availableand reasonable (documentationrequired)? Other accommodations identifiedthrough the interactiveprocess (documentation required)? Use of available leave (documentationrequired)? Unpaid leave ofabsence? Accrued paid leave(personal,vacation, or sick)? Otheraccommodationsidentified throughthe interactiveprocess of theAmericans withDisabilities Act(ADA).Employees whochoose not towear a mask orother requiredPPE? Use of availableleave.? Accrued paid leave(personal,vacation)The District will follow all state requirements, as determined by SEBB for providinghealth care coverage.ALTERNATIVE WORK ASSIGNMENTSTo maximize the District’s options for meeting the educational, social and emotionalneeds of students in the unusual circumstances of the 2020-21 school year, theAssociation and District agree to the following limited opportunity for temporaryreassignment of employees:1. An employee may be temporarily assigned to provide services outside theemployee’s normal job description if work within the employee’s job description isunavailable due to the remote learning model of education.2. Such employee may only be assigned to perform work for which the employee isappropriately trained, licensed (if applicable) and able to perform.3. Such assignment shall not, without the employee’s agreement, exceed the hoursnormally assigned to such employee.4. Such employee shall be paid the regular salary, wages and benefits theemployee would receive from the employee’s normal assignment.5. Such employee’s temporary assignment may not result in displacing any otheremployee performing services within their regular job description.6. Such employees shall not be assigned job duties associated with jobclassifications with a higher rate of pay than the employee’s rate of pay.The temporarily reassigned employee retains a right to return to the employee’s originalassignment upon resumption of normal school operations, subject to existing contractrights of the District to reduce the workforce and/or reassign employees within the samebargaining unit.When choosing from among multiple employees for the same available assignment, theDistrict will prioritize employees in the following order:1. Employees who are at higher risk for COVID-19;2. Employees who hold the appropriate training, licensing, endorsement or otherqualifications for the position;3. Employees with a higher risk individual living in the employee’s household;4. Employees with children impacted by school closure.If two or more employees have equal opportunity under the conditions above, theDistrict will use seniority to make the assignment.In addition to the provisions above:? All SEA represented staff have the ability to meet with their colleagues andsupervisor to request coverage, alternative assignments duties and/or a flexibleschedule if available and reasonable and approved by the supervisor and incollaboration with the impacted colleagues.CALENDARSPS and SEA recognize that during this pandemic, students will potentially be indifferent models of instruction ranging from 100% remote learning to hybrid remote/in-person to 100% in-person learning. The parties recognize that increased flexibility maybe required to make quality learning available and effective for all students. The partiesagree to amend the school year calendar as follows:1. For the duration of this agreement, SEA agrees to expand the list of emergencyclosure conditions to include the emergencies noted in WAC 392-129.2. SEA agrees to use five (5) “emergency closure” days (day between semestersand the first four (4) days after school is out) for make-up days should they beneeded.3. In the event that SPS closes the district for more than the five (5)emergency closure make-up days, the parties will meet to bargain the impacts toworkdays and any required emergency makeup days beyond the 5 daysreferenced above.4. If an emergency closure day is deemed necessary, the Districtwill clearly communicate whether the day will be a workday or non-workday forstaff as soon as possible, making every effort to inform employees the day priorto the closure where feasible and practical. If SPS fails tocommunicate (preferably by both email and phone call) the status of a closureday, and an employee works, they shall not be required to make up the day orwill be paid for hours worked beyond their scheduled work year.5. While the district is in remote learning, schools and the district will not close aslong as remote learning can be provided.6. If the district returns to in-person learning, remote learning systems will bemaintained in the event that a school or the district needs to close buildings;students will receive remote learning.7. SPS will make every reasonable effort to keep student days andemployee workdays within the negotiated calendar.REOPENERThe parties agree that the provisions of this agreement shall remain in effect untilAugust 31, 2021 or until a replacement agreement is bargained. The parties understandthat during the 2020-2021 school year the public health situation may change allowingfor hybrid or full in-person learning. All stages of remote to in-person learning willprioritize the health and safety of students, staff, and the greater community, whilecontinuing to support students furthest from educational justice. The parties will meet tobargain modifications to this agreement prior to implementing changes in the workingconditions and expectations of SEA represented employees.All other provisions of the collective bargaining agreement related to a return to acomprehensive evaluation for certificated employees remain in place.Dated this ___ day of September 2020.ADDENDUM: PROFESSIONAL DEVELOPMENT TOPICSProfessional development provided must include the following topics:??1. Online Teaching Skills: Basics and best practices to utilize consistent SPSlearning management systems. This must include training in instruction,curriculum, and online strategies that will be used for all phases of remotelearning.a. This will include training on implementation of accommodations withinonline learning tools (ex: closed/live captioning like Otter, Success forStudents with Hearing Loss).2. Support for Remote Work: SPS will provide appropriate training and support(e.g., regular conference call) for all represented staff beyond online instruction inaccordance with their roles and responsibilities, including collaboration acrosspositions (paras, substitutes, ESAs, SAEOPs, etc.), and general use oftechnology and systems (electronic timekeeping, Frontline, etc.). There will be a“Tech 101” class that is designed to teach staff the basics of how to accessonline resources, including how to log on to SPS website, how to access email,how to access Schoology etc. This course should probably be a webinaraccessed either online or via cellphone, and real-time support is requested to beavailable.3. Blended Learning Models: Strategies and models to utilize consistent SPSlearning management systems to blend synchronous and asynchronous learning.4. Specific Content Area Instruction: Educators will receive specific training oninstruction in an online platform in their content area and/or specialty, includingspecial education specific professional development for all staff including generaleducation and administrators as well as Amplify training.5. Ethnic Studies: Professional development in Ethnic Studies will include, but isnot limited to, content that has been built and vetted by SEA members. SPS andSEA commit to utilize SEA educators for facilitation of Ethnic Studies PD.6. Differentiation/Getting to the Core: Addressing the main ideas of lesson,building engagement, keeping attention, small group instruction, creating partnerwork, small group, and collaboration among students through a culturallyresponsive framework.7. ESA Work Expectations: Specific PD about support for ESA staff (OTs, PTs,SLPs, audiologists, vision teachers, DHH teachers, school psychologists, nurses,etc.) and counselors and social workers, open to all staff, including administratorsand general education teachers.8. Differentiation of Roles: In order to guide schools in supporting all staff, trainingon clarity of staff roles and supports will be provided. IA training, teacher trainingon supporting IAs, and supporting IAs in content/curriculum instruction.9. Cross Training: In order to meet the changing needs due to the impact of theCOVID-19 pandemic, SPS will provide cross training to SAEOPS and Paras toallow for more efficient services to families and provide an equitable workloadmanagement.10.Integrating Specialists and Special Ed into Remote Classroom: SPS willprovide training for all staff on how to integrate Specialists, ELL, and Specialeducation staff into their online classrooms, to include specifics about the roles ofspecialist staff members, Special education staff, ELL, etc. Staff will be trained inusing inclusionary practices in remote learning.11.Racial Equity, Targeted Universalism, and Anti-Racist Practices: It isparamount that educators recognize that the pandemic had a disproportionateimpact on students furthest from educational justice. We must recognize andrespond to the dual pandemics of COVID-19 and systemic racism and workdiligently to create equitable education our students deserve. Re-openingschools is not business as usual. We have a responsibility to examine ourinstructional practices, methods of engagement/communication with studentsand families, and content that we cover with the goal of eliminating barriers tolearning, both in online and in person learning. "Racial Equity and Anti-racistPractices": SEA + SPS partnership/ collaboration with DREA, CRE, SEA+SPSPartnership committee, will require:a. One (1) day of training to occur before school starts?remotely, andcontinued?training throughout the?duration of remote learning?on earlyrelease Wednesdays?on?themes including?implementing liberation andanti-racist teaching practices, targeted universalism, and building antiracist online teaching and learning practices?and online hate and biastraining.b. Setting goals to?build educators capacity for engaging in and teaching inanti-racist practices, including racial equity literacy and racial equitydetours in the online setting.c. This PD will explicitly be done in collaboration with SEA educators asdetermined by SEA +SPS partnership committee.d. In building our anti-racist practices, SEA+SPS and will actively work toreduce and eliminate practices of harm for BIPOC staff and students thatcurrently exist within our white normed education system. We affirm anyfactors of harm experienced by educators of color, and advocate that theharm be recognized and addressed in the way the harmed educators feelnecessary.Seattle School Community CommitmentSeattle Public Schools and Seattle Education Association aspire to respond to the mostdifficult education challenge of our time, not through fear and status-quo thinking, butwith courage and creativity, engaging with families, community and nature in codesigned solutions based in hope and connection, drawing on the strengths of ourcommunities and familiesWe value equitable access to high-quality education and the physical and emotionalsafety of our whole community, while prioritizing racial equity and centering students ofcolor who are furthest from educational justice as we make decisions.The following commitments, crafted by a diverse group of educators and school/districtleaders advocating for staff, students, and families, reflect shared values and providestrategies in the new reality of remote learning. We seek to remove technology andlanguage barriers, and to engage all our students in safe, equitable, and student-centered learning. We seek to ensure families have the materials and technicalsupport they need.We took to heart the wants and needs that were shared with us during family listeningsessions. We heard the call to reimagine education that better connects educators andfamilies and is focused on creating educator-student-family partnerships. Based onwhat we heard, SEA and SPS prioritized undoing systemic racism and teaching intosocial justice issues.Strong Start? The first week of school, Sept. 4-11, will focus on supporting students’ socialemotional wellbeing, culturally responsive community building, familyconnections and making sure students know how to access and use theirtechnology tools to access student learning.? Time will be utilized to building relationships between students and educators sothat we have a strong foundation from which to build.Family Supports? SPS will provide training opportunities for students and families on SPS learningplatforms and student systems.? Buildings will work toward aligning lunch times across geographic areas whenpossible to enable families with students across grades to access lunch sitestogether.? SPS will provide language support for families and students so they can accessthe technology they need in a remote learning environment and the training touse it. Technology Supplies and SupportAn effective remote learning program requires additional supports for students andfamilies to ensure their engagement and success during remote instruction. A criticalpart of the success of students in a remote learning environment is support forsystems and technology.? Schools will ask families about technology needs (e.g. laptop, tablet,headphones, hotspot).? SPS will provide a laptop or a tablet to each student dependent on family needs.SPS will provide other enabling devices (e.g. hotspots and headphones) asneeded. Assistance with internet connectivity will be provided to qualifyingfamilies.? All district devices will be preloaded with standard software and will becompatible with District learning management systems.? SPS will select and provide age appropriate learning management systems andplatforms for online learning and use them consistently by grade level acrossschools.? SPS will work to improve student and family technology support, includingtraining on our systems and tools.? SPS Department of Technology will provide technology support to families in avariety of formats (email, phone and in-person). Language support will also beprovided.? SPS will partner with Community Based Organizations to support families withtechnology issues.School Supplies? As in past years, schools will provide students the necessary school supplies foronline learning at home (e.g. books for independent reading, books for classes,supplies for science labs, art supplies, or instruments for music classes).? Buildings will create a plan for the distribution of school supplies that meet theneeds of their families and communicate the plan directly to families the week ofAugust munication? Each building will implement a clear plan to communicate with all students andfamilies with an intentional focus on reaching students furthest from educationaljustice. Principals will clearly communicate the school-wide expectations forcommunication with families to staff and community. ? SPS will provide appropriate two-way communication capabilities forstaff to communicate with families, including the ability to text families and leavevoice mail messages. Two-way text supports will launch in October.? SPS will work toward streamlining school communications by providing familieswith a key point of contact at schools. The central office will continue to provideweekly communication in six languages on Thursdays.GradingWe agree that grading practices in a remote setting must be modified to reduceharm. No D or E grades will be issued during remote learning The District andschools will communicate the new grading policy to families in their home language.Grades will represent a student’s skill level in a subject area. Our intent in thesepractices is to provide authentic feedback to create lifelong learners and mitigateagainst any bias.Secondary Grading? Students at the secondary (middle/ high school) level will receive either an “A,A-, B+, B, B-, C+, C, C-, or I (“incomplete’)” for any/all classes during theCOVID-19 remote model.? Classroom teachers will update grades regularly and communicate withfamilies in advance. If a student is in need of additional supports in order tomeet the requirements for a C- grade, educators will and follow a clearprocess for any incomplete grade.? Students will have the opportunity to appeal an “Incomplete” or complete theindividual learning plan.? Students receiving special education services will also receive their IEPprogress reports.? No D or E grades will be issued during remote learning.Elementary GradingStudents will receive their elementary progress reports with standards markings of 1,2, 3, or 4 and teacher comments included for each subject covered during thetrimester.? If a teacher cannot provide standards-based grading, they will include teachercomments for each subject area.? Students receiving special education services will receive elementaryprogress reports for all trimesters, along with their IEP goal reports.AttendanceConsistent attendance is essential for students to achieve academic excellence.Clearly outlined expectations and consistent procedures will assist our students inmeeting academic requirements and finding academic success. Through consistentattendance, learning environments are enriched and improved by the contributions,perspectives and presence of every student.Attendance Requirements for Live/Offline Teacher-supported Learning – Attendanceduring COVID-19 remote models requires an equity lens. Attendance is critical to theacademic success of every student to ensure the best possible outcomes forlearning. To ensure the success of all students and their learning, our expectation isthat all students participate in live/offline learning opportunities. However, weunderstand at times this may not be possible. Students will not be marked absent ifthey miss their live online class as long as they engage in one of the following:? Log into Schoology or Seesaw and complete assigned work.? Contact teacher(s) to arrange a plan to complete work.Suspension and Expulsion for non-attendance or truancy are not appropriateinterventions and shall not be used.We are committed to continue to fight for the health and safety of our diversecommunities - physically, socially and emotionally. We continue to work to ensure thatgrading and attendance practices result in opportunities and supports, rather than inpenalties and barriers to success. We will prioritize social and emotional learning that isrelevant to our students in this new reality. In order to do so, we are committed toproviding our educators quality training in order to maximize all tools available in aremote learning context, including anti-racist training for all staff.These values shall ultimately extend beyond the remote experience as we work towardthe safest, most racially equitable public education system we can create. Werecognize that parents and caregivers are our scholars’ first teachers. It is essential thatwe do this good and necessary work together and in authentic partnership!Trinity Area Education Support Professionals (PA)MEMORANDUM OF UNDERSTANDING BETWEEN TRINITY AREA SCHOOL DISTRICT AND TRINITY AREA EDUCATION SUPPORT PROFESSIONALS, PSEA/NEAAND TRINITY AREA EDUCATION ASSOCIATION, PSEA/NEAWHEREAS, the Trinity Area School District (hereafter "the School District") and theTrinity Area Education Support Professionals, PSEA/NEA (hereafter "the Association") aresignatories to a collective bargaining agreement encompassing school years 2019-2020 through2023-2024 (hereafter "the Secretaries and Aides Agreement"), which includes the positions offull time and part-time secretaries, clerical aides, paraprofessionals, payroll/bookkeepers,ACCESS Coordinators and Computer Technicians; andWHEREAS, the Association and the School District are also signatories to a collectivebargaining agreement encompassing school years 2016-2017 through 2020-2021 (hereafter "theCafeteria Employees Agreement"), which includes the positions of full-time and regular parttime cafeteria employees; andWHEREAS, the Association and the School District are also signatories to a collectivebargaining agreement encompassing school years 2018-2019 through 2022-2023 (hereafter "theMaintenance and Custodians Agreement"), which includes the positions of full-time and regularpart-time custodial and maintenance employees; andWHEREAS, the School District and the Trinity Area Education Association PSEA/NEA(hereafter, the Education Association) are signatories to a collective bargaining agreementencompassing school years 2016-2017 through 2020-2021 (hereafter "the ProfessionalEmployees Agreement"), which includes the positions of teachers, guidance counselors, certifiedschool nurses, librarians and home and school visitors; andWHEREAS, as a result of the COVID 19 pandemic, the School District intends to beginthe 2020-2021 student instructional year based on a schedule whereby each student will beassigned to one of two groups, with each group permitted to physically attend school only two (2) days per week (hereafter "the hybrid schedule"); andWHEREAS, consequently, the School District is concerned that, from the outset of the2020-2021 student instructional year, there may not be sufficient work to keep eachparaprofessional and/or clerical aide fully employed in that capacity each week that the hybridschedule is in place; andWHEREAS, the School District believes that there will be a need for additional work, orsubstitute work, in the clerical, cafeteria and/or custodial/maintenance ranks, and/or that teachersmay need assistance in supervising students, and that such additional work, substitute workand/or assistance in student supervision could be assigned to the clerical aides and/orparaprofessionals on those days when they are not fully employed as clerical aides orparaprofessionals; andWHEREAS, in light of these unusual circumstances, the School District, theAssociation, the Education Association, and each of the bargaining units referenced above, arewilling to agree to allow the School District to assign clerical, cafeteria and/or custodial work tothe clerical aides and/or paraprofessionals during the 2020-2021 school year, and/or to assignclerical aides and/or paraprofessionals to assist in the supervision of students, subject to the terms set forth below.NOW, THEREFORE, intending to be legally bound thereby the parties hereto agree asfollows:1. The Trinity Area Education Support Professionals, PSEA/NEA, affirms that, asexclusive bargaining representative, it has full authority and does enter into this Memorandum ofUnderstanding (MOU), on behalf of all employees employed in positions included within thebargaining unit as identified in the Secretaries and Aides Agreement, the Cafeteria EmployeesAgreement and the Maintenance and Custodians Agreement.2. The Trinity Area Education Association, PSEA/NEA, affirms that, as exclusivebargaining representative, it has full authority and does enter into this MOU, on behalf of allemployees employed in positions included within the bargaining unit as identified in theProfessional Employees Agreement.3. On such days during the 2020-2021 school year, that the hybrid schedule is inplace, the Administration may assign any clerical aide and/or paraprofessional who will not havea full day/a full week's worth of work, to clerical work, cafeteria work, custodial work, and/or toassist in the supervision of students, so that said clerical aides and/or paraprofessionals doreceive a full day/a full week's worth of work as set forth in their respective CollectiveBargaining Agreements.4. While it is anticipated that the clerical aides and/or paraprofessionals will beassigned to clerical work, cafeteria work, custodial work and/or to assist in the supervision ofstudents, at least one full day per week while the hybrid schedule is in place, the decision as towhether to assign any clerical aide to non-clerical aide work, shall be made by the BuildingPrincipal. In such circumstances, the decision as to whether to assign any paraprofessional tonon-paraprofessional work, shall be made by the Special Education Director.5. The Superintendent or his designee shall determine the classification(s) ofalternative work to which each clerical aide and/or paraprofessional shall be assigned, inconsultation with the Director of Facilities and the Food Service Director, and/or the Principal ofthe building in which the clerical aide and/or paraprofessional normally works.6. While assigned to another classification in accordance with the terms of thisMOU, each clerical aide and/or paraprofessional shall continue to receive the same compensation and benefits as he/she would have received while working in his/her normal position as a clerical aide or paraprofessional.7. The work of clerical aides and/or paraprofessionals assigned to anotherclassification/other classifications in accordance with the terms of this MOU shall be used tosupplement, and not to replace, the work of existing clerical employees, cafeteria employeesand/or custodians, and to provide student supervision assistance to teachers, PROVIDEDHOWEVER that clerical aides and/or paraprofessionals may be assigned to clerical, cafeteriaand/or custodial positions in lieu of the employment of substitute employees and/or the provisionof overtime work to existing clerical employees, cafeteria employees and/or custodians.8. This MOU shall automatically expire, without action by either Party, at the end ofthe last student school day on which the hybrid schedule is in place, or on the last student day ofthe 2020-2021 school year, whichever is earlier.9. The Parties agree that, except as otherwise expressly set forth herein, this MOUdoes not in any way impact, alter, amend or otherwise modify any of the Agreements. 10. Any violation of this MOU will be subject to the arbitration pursuant to thegrievance-arbitration provisions of the applicable Agreement or Agreements.Uniontown Area Education Association (PA)MEMORANDUM OF UNDERSTANDINGThe parties to this MEMORANDUM OF UNDERSTANDING (MOU) are theUniontown Area School District (“District”) and the Uniontown Area EducationAssociation (“Association”) (referred to collectively as “the Parties”).WHEREAS, the District and the Association are parties to a CollectiveBargaining Agreement (CBA) for the period from 2019 through 2023; andWHEREAS, the Association is the exclusive representative for employees in thebargaining unit as certified by the Pennsylvania Labor Relations Board (PLRB); andWHEREAS, the World Health Organization has declared COVID-19 to be aglobal pandemic and the Governor of the Commonwealth of Pennsylvania has, alongwith the Pennsylvania Department of Education (PDE), mandated school districts tocreate Health and Safety Plans and Plans for 2020-2021 School Reopening Plans inaccordance with Centers for Disease Control (CDC), and Department of Health (DOH)guidelines; andWHEREAS, Pennsylvania’s Secretary of Education and the PDE expect schooldistricts to enact plans for providing safe fall reopening plans for in-person instruction,remote instruction, or a combination of both to all students for the 2020-2021 schoolyear; andWHEREAS, the Parties recognize the unique circumstances caused by COVID19 and wish to ensure the health and welfare of students and staff while collaborativelyenacting optimal instructional and learning conditions; andWHEREAS, the Parties wish to engage in 2020-2021 reopening plans whilebeing mindful of professional employee concerns while also protecting the preferencefor an interests of traditional classroom instruction.NOW THEREFORE, in consideration of the mutual covenants expressed herein,and intending to be legally bound, the parties hereto agree as follows:1. Use and Implementation of Synchronous/Asynchronous Learninga. Any livestreaming of video or video recording of instruction shall be done onlywith the express knowledge of the teacher.b. The Association will provide real time instruction, to students who will not be inthe classroom either due to the schedule provided by the District or COVID-19related concerns while there are face-to-face students also in the classroom, ornot. c. The cameras will provide a view of either the teacher and/or the materialsused by the teacher, i.e., whiteboards, etc. only; students in the classroom willnot be in camera view.d. The District agrees that livestreaming sessions, and pre-recorded lessons willnot be used for the bargaining unit member’s evaluation. The use of video shallnot be used as an evaluation tool or otherwise be used to negatively impact anybargaining unit member’s evaluation. However, if full remote learning continuesinto the 2nd semester, administrators will be able to evaluate remote teaching.e. The District shall be responsible for informing students and families of theirresponsibilities and policies regarding the use of technology and virtual learning.f. The Association agrees that the District will continue to be able to provideemployees with constructive feedback or support to assist the teacher to betterdeliver remote instruction, but such feedback shall not be reflected in the formalevaluation.g. Any bargaining unit member who was engaged in a Plan of Improvement shallhave such Plan frozen and the Plan may resume once school resumes in normalfashion.h. All synchronous and asynchronous instruction shall be performed bybargaining unit members and virtual learning shall not result in any reduction inprofessional staff. Under no circumstances shall virtual learning be used tosubcontract any bargaining unit member work.i. The District agrees that livestreaming sessions and pre-recorded lessons willnot be used for disciplinary purposes, except as may be required by the EducatorDiscipline Act or the Child Protective Services Law. Employees are required tocomply with all Board policies relating to employee conduct and mandatoryreporting.j. The District agrees, at its sole expense and cost, to defend, indemnify andhold harmless all professional employees against any and all claims, damages,losses, expenses, attorneys’ fees, suits, proceedings, investigations, andjudgements for damages or equitable relief which may be brought or threatenedto be brought against any professional employee related to or arising out ofproviding lessons through livestreaming or pre-recorded sessions including butnot limited to, any failure for the technology to function properly, failure to reachgrowth measures, any difficulty providing accommodations, negligent acts and/oromissions of the employees in connection with designing, delivering, andassessing instruction via livestreaming, pre-recorded lessons or any other onlinecourse.k. Materials such as tests, quizzes, videos, etc. remain the intellectual propertyof the teacher who creates the materials.l. The District will enforce the state mask mandate with procedures at thebuilding level. Any teacher that does not feel that the mask mandate is beingappropriately handled by administration can contact the UAEA president.m. The district will supply teachers all devices required to teach both in schooland remotely. Staff who do not have internet capabilities from home will beprovided alternatives including but not limited to working from their classroom, ifthey so choose.n. When the District is operating on a full remote schedule (all students learningremotely), the Association members will have the opportunity to work from homeprovided that they can properly perform their duties. Others may choose to workfrom their classrooms. The District reserves the right to ask individualAssociation members to come into school buildings if the need arises during fullremote learning to attend meetings, parent conferences, clerical work, etc.Teachers will attend in-person for in-service/clerical days on August 17-19, 2020.Teachers may also be required to attend in-person on other Act 80/Inservice/Parent Teacher Conferences.o. Kindergarten orientation will take place at a one-to-one scheduled time withfamilies the first 10 days of school. Kindergarten teachers and guidancecounselors will report to their buildings for the first 10 school days. No classeswill take place for kindergarten students the first 10 days of school either face-to-face or remotely.p. The Association will record all live session of teaching and post for students towatch at a later time.2. The District shall keep record of the parental consent letters and waivers relative tothe use of technology for Union review at any time.3. Planning Time:a. All bargaining unit members shall receive at a minimum, the allotted amount ofplanning time per day outlined in Article VII of the parties’ CBA. Additionally, allbargaining unit members shall receive their thirty (30) minute duty free luncheach day.b. All bargaining unit members who are required to provide both daily in personand virtual instruction shall be allotted an additional preparation period.4. Work Year: Any changes to the work year defined in Article VII of the CBA shall bemutually agreed to by the Association President and the Superintendent, in consultation with their respective constituent groups. Under no circumstances will bargaining unitmembers be required to work beyond the contractual year outlined in the CBA.5. The Parties agree that this MOU shall not become part of the CBA and does notestablish a practice or precedent between the Parties. All elements of the Parties’ CBAwill remain in full force and effect apart from those items specifically listed herein.6. The Parties understand that any forthcoming announcements from the Governor’sOffice, the State Legislature, Federal Legislature, or the Pennsylvania Department ofEducation will result in reconvening to discuss the terms contained herein, as needed.7. Any violation of the MOU shall be subject to the Grievance Procedure outlined in theParties’ CBA.8. Absent any further mandates from the Governor’s Office, the State Legislature,Federal Legislature, or the Pennsylvania Department of Education, this MOU shallexpire at the end of the 2020-2021 school year unless the Parties’ mutually agree toextend it.9. This MOU represents the Parties’ full understanding and hereto acknowledges theParties’ are entering into it voluntarily.United Teachers Los Angeles2020-2021 DISTANCE LEARNING SIDELETTER BETWEEN THE LOS ANGELES UNIFIED SCHOOL DISTRICT AND UNITED TEACHERS LOS ANGELESThe Los Angeles Unified School District (“District”) and United Teachers Los Angeles (“UTLA”) agree to the terms of this “Sideletter” regarding school closures during the 2020-2021 school year in response to the COVID-19 pandemic. Furthermore the parties recognize the need for an online Distance Learning program to start the 2020-2021 school year and prevent the spread of illness arising from COVID-19.The District and UTLA agree as follows:Distance LearningThe District and UTLA recognize the importance of maintaining safe learning opportunities for the benefit of students and communities served by the District and its certificated staff. For the purpose of this Sideletter, “Distance Learning” means instruction in which the student and instructor are in different locations.1. Components of Distance Learning shall include:a. Adherence to the requirements of Senate Bill 98 (SB 98)b. Daily attendance taken for each period/class session.c. Designated time(s) for student advisory.d. Out-of-Classroom certificated personnel may be assigned to perform advisory duties asdirected by the principal.e. A combination of synchronous and asynchronous instruction.f. Recognition and time investment in Social Emotional Learning (SEL).2. Synchronous Instruction shall be defined as a student or a group of students engaged in learning at the same time using technology that allows the teacher and student to connect in real-time to deliver:a. Timely actionable feedback to students.b. Direct instruction to students through video conferencing.c. Teacher guided peer-to-peer learning.d. Whole or small-group instruction.3. Asynchronous Instruction shall be defined as:a. Learning done on students own time or schedule.b. Students work independently.c. Self-guided instructional modules.d. Pre-recorded lessons.e. Discussion, emails or chats that aren’t happening in real time.4. Substitute educators and out-of classroom certificated staff may be assigned to assist teacherswith breakout instruction or other student support services as determined by the site administrator.5. Classroom teachers shall adhere to the instructional minute minimums and requirements forsynchronous/asynchronous instruction outlined in Attachment A – Instructional ScheduleExamples. Classroom teachers are expected to work 360 minutes per day on average; however,in recognition of the unprecedented challenges of the COVID-19 pandemic, the work time outside of the 9:00-2:15 school day shall be at the discretion of the teacher.6. Teachers will be in regular communication with parents to facilitate their understanding as towhen students will be engaging in synchronous learning.7. In order to provide students and parents with consistency and avoid scheduling conflicts, unitmembers who are not teachers shall create, share and follow a regular weekly schedule ofservices and office hours per week in collaboration with roster-carrying teachers. Unit membersshall provide advance notification to students, parents, and supervisors if a change to theschedule becomes necessary.8. Administrators shall be granted access to all virtual courses and web-conferencing sessionsupon prior notice.9. The District shall not record live instruction by unit members without prior notice and consent.10. The District shall make every effort to fully utilize substitute and pool teachers to avoid general education grade level combination classes in elementary schools. For any situation where a combination becomes unavoidable, the District shall provide a written rationale to the affectedteacher as to why a combination class is necessary.11. For alternative schools, alternate schedules may be developed on a site-by-site basis. Theseschedules shall be comparable with the workload and school day for other TK-12 teachers andstudents, but allow for greater flexibility to address individual student needs.12. Schools that wish to develop alternative schedules may go through the waiver process, asoutlined in the LAUSD/UTLA 2019-2022 Collective Bargaining Agreement. Schools shall haveuntil September 15, 2020 to submit waivers for schedule changes.13. Unit members may be required to participate in one grade level meeting, department meeting, or professional development meeting per week at the direction of the school principal, for a maximum of one hour during the Instructional Support Day. Additionally, the principal may require unit members to attend no more than two faculty meetings per month outside of the work day.Smart Start1. Smart Start will begin August 20 and continue for the first week of school, ending on Friday,August 28, 2020. The teachers shall build into their instructional program and ensure that allteachers, students, and families have built positive rapport, practiced routines and proceduresfor logging into and using the district’s learning management system, Schoology, and otherdistrict-approved applications, and have developed instructional routines as a strong foundationfor instruction.2. All unit members will be required to attend ten hours of professional development as follows:three hours on the pupil-free day on August 17, three and one half hours on August 18, and threeand one half hours on August 19.3. The afternoons of August 17-18 shall be used for planning and preparation for the beginning of the Academic Year. The afternoon of August 19 shall be used to make initial contact with students and families to make introductions and to explain pensation, Evaluation, Benefits and Leaves1. No unit member shall be required to physically return to work at an LAUSD building or facility until schools are physically reopened for all students or as bargained in a separate document upon agreement by the parties.2. For the 2020-2021 school year, evaluation of unit members shall be limited to non-permanentemployees (provisional and probationary). Employees being evaluated may submit a video oftheir lesson to their evaluator in lieu of a formal evaluation observation while assigned to do fullremote instruction.3. The District and UTLA recognize that many members have children and family circumstances that may result in occasional unexpected interruptions to instruction. Unit members shall not besubject to discipline if and when instruction is occasionally interrupted by such circumstances.4. Unit members shall be eligible for their regular base pay (inclusive of benefit time/applicable leave benefit as necessary) during the period of the school closures.All contractual differentials shall continue to be paid for the 2020- 2021 school year.5. Auxiliary pay (as defined in Article XIV of the UTLA-LAUSD Agreement) will be based on teachers performing duties virtually or otherwise.6. The provisions of Article XIV, Section 37.0 shall continue to apply for National Board Certified Teachers (NBCTs) during the 2020-2021 school year. NBCTs who did not attain the total ninety-two (92) hours of additional work required during the 2019-2020 school year to qualify for the full 15% compensation differential shall be able to make up the difference in the 2020-2021 school year.7. All current pool teachers shall be assigned and reassigned to a school(s) for the 2020-2021 school year based on student need.8. All substitute unit members shall be surveyed to determine days available for work per week, and shall be assigned that number of days to a school, based on student needs. The District shallattempt to assign substitute unit members to a school within their current calling area. Allsubstitutes assigned shall be encouraged and invited to participate in the “Smart Start”professional development from August 17-19, 2020 at their full daily rate of pay.9. For those substitutes who have made themselves available to work in accordance with thesubstitute survey, the District shall waive the 1 day of work per month threshold for maintenanceof healthcare for the following month for those substitute unit members that have qualified forhealthcare in 2020-2021.10. All substitute unit members shall be provided with access to available technology supportnecessary for their school-based assignments as determined by the District.11. In addition to the ten hours of “Smart Start” professional development, substitute educators will have access to ten hours of professional development on Distance Learning to be paid at theDistrict Training Rate.Technology SupportUnit members who do not have equipment (e.g. laptop) that can be used for Distance Learning orcontacting parents and students shall make a request to their site administrator or supervisor. Special Education1. Substitute coverage shall be provided to Special Education teachers during IEP meetingsscheduled during instructional time.2. In addition to the substitute coverage provided in Article XXII, Section 14.0, Special Education teachers may request substitute coverage from their site administrator to complete federally mandated assessments. Special Education teachers required to conduct assessments shall be granted substitute coverage for this purpose.3. Special Education teachers and related service providers may utilize the “Smart Start” afternoons of August 17-18 to coordinate with their general education peers on co-teaching models, push-in, small group instruction, lesson planning, and review of goals and objectives with guardians and/or students.4. The District shall provide continued professional development for virtual delivery of services(example: Tele-Service).5. For Special Day Classes, the schedules shall be comparable with the workday for other TK-12teachers and students, while addressing individual student and program needs as required bythe IEP to the best extent feasible.Non-Classroom Educators1. Non-classroom educators, upon the approval of their direct supervisor, may develop a flexiblework schedule for their contractual work hours outside of the 9:00-2:15 school day.2. Psychiatric Social Workers, Pupil Services Attendance Counselors, School Psychologists,Secondary Counselors and Designated Instructional Services (DIS) providers will provide acombination of collaboration, consultation, and virtual services for students and familiesconsistent with identified student needs, as applicable in identified in their IEP to the bestextent feasible with the privacy and safety guidelines of the District.3. The District shall encourage all itinerant educators, counselors, and HHS staff to collaborate with colleagues, teachers, parents, and other stakeholders to develop flexible and innovativeapproaches in providing services.4. The District and UTLA agree to meet at the request of either party to address methods andstrategies for providing equitable and appropriate education for English Language Learners (EL)and Deaf and Hard of Hearing (DHH) students.5. When providing special education related services in a virtual format, psychologists andtherapists (SLP, OT/PT, APE, etc.) may group students based on similar goals and needs asidentified in each student’s IEP, from various school sites, as appropriate.6. SHHS support providers shall prioritize providing necessary direct services to students in avirtual/video format. If expected to participate in virtual video IEPs, 504s, SSPT, coaching,conferencing, and other related meetings that may exceed 5 hours of screen time in a day, theymay utilize alternative methods to participate in these meetings.7. Any home visits or visits made to care centers made by unit members during the period of school closure shall be on a voluntary basis and consistent with Los Angeles County Department of Public Health guidelines.8. While IGP deadlines still apply, IGPs may be modified during the second semester based onstudent need when necessary.9. Requests for optional and voluntary flexible working hours to accommodate working withparents, crisis hotline hours, Saturday clinics, etc. may be raised with the appropriate supervisor.Early Learners (EEC & CSPP)1. While adhering to the Education Code requirement for 180 minutes of daily instruction forstudents enrolled in EEC and CSPP, maximum synchronous instruction for children in EEC, CSPP and Special Education Programs under 4 years of age shall not exceed 45 minutes in a given session.2. Where applicable, Early Childhood educators may also utilize the “Smart Start” to:a. Meet with parents and students onlineb. Hold parent and student workshopsc. Discuss and review expectations of remote learningd. Establish best modes of communicatione. Develop an outreach and engagement program3. EEC unit members may request a flexible work schedule, to be approved by their supervisor.4. The District shall provide all EEC and CSPP unit members with a one-time $500 payment, forinstructional materials and resources to supplement remote instruction for Early Education andCSPP students.5. The District shall provide appropriate PD for Early Childhood educators.Adult Education and CTE1. All Individualized Instruction Labs (II Labs) shall be conducted both synchronously andasynchronously.Professional Development1. The District shall endeavor to have future online or video professional development created bycentral office include captioning and ASL interpretation embedded in the video as required bylaw for those employees needing such accommodations.2. Continued professional development shall be provided by the District for virtual delivery ofinstruction and transformative SEL (Social Emotional Learning).Distance Learning WorkgroupThe parties agree to maintain a Distance Learning Workgroup, with 5 UTLA appointees and 5 LAUSD appointees, to consult on matters related to distance learning, including but not limited to:● Alternative school schedules● Technology● Distribution of materials and supplies● Grading policies● SEL support● Assessments and Standardized Testing● Elementary Combination ClassesThe workgroup shall meet every other week, or as mutually deemed necessary by the workgroup, to collaboratively address matters related to distance learning. UTLA shall provide agenda items one week in advance.Student & Community Health WorkgroupThe parties agree to maintain a Student & Community Health Workgroup, with 5 UTLA appointees and 5 LAUSD appointees, to address ongoing issues impacting the physical and social emotional health of LAUSD students, their families, and the broader community, including, but not limited to, state and federal funding for public schools and economic instability in our school communities. The workgroup shall meet monthly, or as mutually deemed necessary by the workgroup, to identify opportunities and pathways for collaborative advocacy on these issues.Term of Agreement1. This non-precedent setting Sideletter shall be effective August 3, 2020 and expire on December 31, 2020, or when LAUSD students physically return to LAUSD schools for regular instruction, whichever occurs first. This MOU may be extended by the mutual agreement of the parties.2. The parties agree to continue bargaining the impact and effects of an eventual physical return to on-site instruction that would be formalized in a separate document upon agreement by theparties.3. All components of the current LAUSD/UTLA Collective Bargaining Agreement shall remain in full effect except for those provisions modified by the terms of this Agreement. The partiesacknowledge that certain terms of the Agreement may need to be implemented using electronicor remote platforms for the duration of the school closure when possible.United Teachers Los Angeles-NursesLOS ANGELES UNIFIED SCHOOL DISTRICT AND UNITED TEACHERS LOS ANGELES SIDELETTER ADDRESSING CONDITIONS FOR VOLUNTARY SERVICE BY UTLA REPRESENTED SCHOOL NURSES AS PART OF THE LAUSD COVID-19 TESTING PROGRAMThe District and UTLA agree as follows:COVID-19 Testing Procedures & ProtocolsDescriptionDuring the first few phases of testing, local testing sites with multiple teams will be strategically located primarily at Community of Schools locations that are easily accessible to District staff and will be designed as walk-up sites with parking. Locations are on-campus and include an indoor processing area with an outdoor sample collection station located under a walled canopy. Testing sites have been pre-determined and includean area for testing kit storage, proper traffic flow, and ingress and egress for LAUSD staff and students being tested.Conditions for Voluntary Service1. Participation by UTLA represented school nurses shall be voluntary.2. For participating school nurses, the District shall ensure that their nursing supervisor and school site administrator(s) redistribute work related to their regular school nurse assignment during their time as a participant in the program.a. Z-time compensation may be approved to address workload demands.3. Participating school nurses who become ill with COVID-19 shall not be required to use theircontractual or statutory leave time during their recovery period for the COVID-19 illness, afterexhaustion of Emergency Paid Sick Leave (EPSL). For participating school nurses who have family members in their household (parent, spouse/domestic partner, child) who become ill with COVID 19, the participating school nurse shall not be required to use their contractual or statutory leave time to care for the family member if he/she is unable to complete any duties (physically or remotely). The family member benefit shall only apply if there is documented proof that they have COVID-19 as a result of the school nurse’s duties.4. For participating school nurses, their daily workday as part of a testing team shall be 6.5 hours, inclusive of a 30-minute duty-free lunch and a 15-minute break after every two hours.5. School Nurses shall be tested prior to participation in the testing program. Thereafter, school nurses will be offered testing on a weekly basis.6. Participating school nurses shall be allowed to withdraw from participation without reprisal, but shall be encouraged to provide at least 48-hour notice prior to withdrawing.7. Participating school nurses, along with all members of each testing team, shall complete dailysymptom screenings via a district provided screening process.8. State and federal workplace safety requirements will be adhered to at all times.9. A testing workgroup shall be established to discuss workload and safety concerns related to the testing program, comprised of 2 UTLA appointees, the LAUSD Director for Nursing Services, and the LAUSD Director of Emergency Services.General ProcessProcess for Employee or Student Testing:? Use District app to make appointment at the testing site;? Drive to site and wait in parked car until the appointment time;? Enter test registration area when signaled to enter and complete registration and tube scanning/prep using code from app;? Walk to logistician station where logistician hands test tube to collector;? Walk to collector station (enclosed on 2 sides) where collector observes self-collection or collects sample of saliva or mucous (depending on type of test used);? Exit testing site through designated exit pathway;? Collector returns sample to Logistician who prepares it for shipping.Items provided include:Disposable Surgical masks,N-95 masks (for Collector only)Face shieldsGoggles (available to Collector only)Surgical hair covering shall be available at each site (for Collector only)Disposable gownsDisposable nitrile gloves in sizes S-XL (for Collector only)Disposable shoe covers, universal fit (for Collector only)Floor markings, Gaffers tapeDisposable vinyl gloves (for Logistician and others)Battery Back-upHand Sanitizer, 1gal pump btl8 oz hand sanitizerTraffic cones, for establishing testing lanes10x10’ canopy, 3 walls6' tablesClip boards [note: office items for team member use only]Ball point pensYellow highlightersPaper padsChairs, metal foldingVest, reflective, greenIndividual electronic device (for Registrar and Logistician roles)Bottled water, individual 8-ounceBiohazard waste bagsDisinfectant and paper towels (provided by PM on site)Site signage and remindersTeam members:? 2 Registrar (from school site staff; campus aide or similar)? 1 Logistician? 1 Collector (LAUSD school nurse)Testing Team Role Descriptions:2 Registrars? Welcome staff/students? Ask for student ID # or ID card or Name? Scan their ID/find person into the testing system? Scan the tube for their collection swab? Label the collection tube with student or employee ID number. Hand labeled tube to Collector.? Direct them to the collection station1 Collector (must be a medical professional)? Greet and explain procedure? Perform Nasal Swab Testing? Remove white cap from tube? Collecting nasopharyngeal swab samples? Place the nasal swab into the tube? Cap the tube with a yellow cap? Place the tub into the testing rack? Assures confidentiality of patient information? Ensure that any bodily fluid spills are immediately cleaned with appropriate disinfectant according to facility policy? Change PPE (at least gloves) after each collection1 Logistician? Maintain environmental integrity and aesthetics ensuring all areas are safe and clean? Inventory control of testing materials and other materials? Prepare and organize supplies, and equipment to prevent wastage? Organize supplies ensuring all work areas are restocked appropriately? Pack samples according to directions provided by test vendor? Assists with other related duties as assigned? Ensure that any tubes mishaps are cleaned up immediately with appropriate spill kit substances in order to prevent anyone from coming in contact with the substance inside the tubeSupervisor (1 per site for multi-team sites; roves through single team sites)? Provide oversight to ensure privacy during sample collection? Ensure safety of personnel on site? Ensure privacy, in accordance with state and federal law? Ensure testing lines are flowing ? Resolve any issues that arise? Maintain environmental integrity; ensuring all areas are safe and clean? Maintain a list of issues resolved during the day? Report critical issues immediately to LDS? Report all issues during daily debrief? Acts as “safety officer” to ensure that PPE worn/changed correctly, distance maintained, etc.? Interface with COSA/LD administratorsCollector ChecklistName: Site:Job Shift(s):You Report to: Testing Site SupervisorMission: Perform COVID-19 sample collection for L.A. Unified students, staff, and identifiedhousehold members.Before Shift:c Check in and receive site orientation at the Check-in/Check-out Stationc Wash or sanitize hands for at least 20 secondsc Read this entire Job Action Sheet and organizational chartc Receive orientationc Assist in setting upc Familiarize self with distribution and documentation processDuring Shift:c Perform sample collection to specific test type/vendor specificationsc Assure confidentiality of patient information.c Ensure that any bodily fluid spills are immediately cleaned withappropriate disinfectant according to District policyc Change PPE after each collection (gloves at minimum; other items if soiledor compromised)After Shift:c Assist with clean-upc Participate in daily debriefing sessionsc Wash or sanitize hands for at least 20 secondsc Check out at the Check-in/Check-out StationThe parties may request a reopening of the terms of this Sideletter one monthafter its signing by making a written request to the other party. Thereafter,this Sideletter shall be in effect until December 31, 2020 or when LAUSD studentsreturn physically to a school site for hybrid or regular instruction, whichever occurs first.Personal Protective EquipmentBoston Teachers Union 1. All staff must wear a mask/face covering while on school property unless provided with an individual accommodation due to disability and/or health consideration, as approved by the Office of Human Capital.2. Staff members will be provided two reusable masks/face coverings. Disposable masks will be available for staff who forget their masks. Acceptable face coverings include multi-layered cotton masks, disposable surgical masks and/or KN95/N95 masks. Neck gaiters, open chin triangle bandanas and face coverings containing valves, mesh material or holes of any kind are not considered appropriate face coverings. Masks need to cover the mouth and nose.3. Face shields may not be used in place of masks but may be used in addition to masks. Staff who feel that they need an extra layer of protection may request that the district provide a face shield, as available, in addition to a standard medical mask. Staff who wear a face shield are responsible for cleaning and sanitizing their face shields. As set forth below, staff who are assigned to a setting where physical distancing is not possible will be 13 provided additional Personal Protective Equipment.4. Specialized masks that allow the wearer's mouth to be visible will be provided to staff in circumstances when the visibility of a speaker's mouth is necessary. Such circumstances may include speech therapy sessions, working with students who are deaf or hard of hearing, other special education services, reading instruction, English Language Learner services, World Language class and for staff working with students in grades preK-12+, as determined by the appropriate administrator.5. Nurses shall be provided PPE in accordance with DESE and applicable OSHA guidelines for health workers.6. Staff members whose assignments regularly place them in close physical proximity to students who may not be able to socially distance, are unable to wear a mask, or who require physical support, such as hand-over-hand support and modeling, feeding, toileting and/or physical restraint, will be provided an appropriate supply of PPE appropriate to their work duties and in compliance with DESE and public health guidelines (N95 respirators and/or additional protective gear as needed: face shields, gowns, gloves) and means of disposal. All who wear an N95 or similar respirator will be provided with the equipment, fit testing, training and related requirements of the DESE guidance and, if applicable, OSHA 1910.134, OSHA's respiratory protection standard. Any educator as defined in this section will be provided an N95 mask, and/or other PPE as required by the DESE guidance and/or as an accommodation granted pursuant to the provisions of the Americans with Disabilities Act.7. PPE and cloth or comparable face coverings will be disposed of as required by applicable public health and other relevant regulatory guidelines.Denver Classroom Teachers AssociationDuring the COVID-19 pandemic, the district agrees to provide access to personal PPE which includes access to face masks, face shields, and as appropriate gloves for professional use by every educator. Replacement of PPE should occur consistent with health official guidance and may occur upon request of an educator when personal PPE used for professional use is no longer adequate.For Center based special education teachers and staff additional PPE will be available for the purposes of supporting students with toileting needs and/or for students that have challenges with wearing masks within the school day.For SSPs, additional PPE will be available, consistent with the highest level required to service in-person students on their caseload, including but not limited to challenges with wearing PPE and maintaining distancing as well as ECE setting.Hawaii State Teachers AssociationAll individuals, including employees, students, and campus visitors should wear face coverings that cover the mouth and nose consistent with public health guidancea. All staff should use face coverings unless HIOSH standards require respiratory protection.b. Students should use face coveringsc. Teachers can use face shields, which enable younger students to see their teachers' faces and to avoid potential barriers to phonological instruction.In circumstances where sufficient physical distancing is difficult or impossible, within 6 feet of others, face coverings should be worn; with exceptions for those for whom it is not safe to do so due to age, medical condition, or other considerations.Employees whose assignment places them at greater risk for exposure to COVID-19 will be provided appropriate personal protective equipment (PPE) (e.g., surgical mask, face shield, and gloves) at no additional cost.Each teacher may, upon request, be provided a face shield and an adequate supply of face coverings for students.If PPE supplies are not readily available, with a supervisor's approval, teachers may purchase 116 their own supplies and shall be fully reimbursed when receipts are submitted.Highline Education Association (WA)Employees Who Cannot Wear a Face Covering or Other Required PPE: An employee whose assignment requires work at a District work site and who cannot wear personal protective equipment (PPE) required for the employee’s assignment, including but not limited to a face covering, may upon presentation of appropriate documentation from the employee’s health care provider access the following benefits under the terms of the applicable collective bargaining agreement (CBA), District procedure or law:a. Accommodations identified through the interactive process of the Americans with Disabilities Act (ADA) and the Washington Law Against Discrimination (WLAD).b. Alternative assignment for work/services which may be provided from home, if available and feasible (see paragraph 10 below);c. Leave for illness/injury/disability;d. Personal leave and/or vacation leave (only available under the terms of some CBAs); ande. Unpaid leave of absence for the 2020-21 school year.Employees Who Choose to Not Wear a Face Covering or Other Required PPE: An employee whose assignment requires work at a District work site and who does not have a documented inability to wear PPE required for the employee’s assignment, including but not limited to a face covering, but nevertheless does not wish to do so, may choose to access the following benefits under the terms of the applicable collective bargaining agreement (CBA), District procedure or law:a. Alternative assignment for work/services which may be provided from home, if available and feasible (see paragraph 10 below); andb. Personal leave and/or vacation leave (only available under the terms of some CBAs).Lemon Grove Teachers Association (CA)Personal Protective Equipment (“PPE”) /Face Covering1. Both parties agree to follow all health and safety guidelines and orders required by federal, state, and local agencies regarding the use of face coverings.2. No unit member shall be required to bring their own PPE to their on-site work location.Face Covering Requirements/Masks1. Face coverings are required to be worn properly (covering mouth and nose) according to all public health and safety guidance.2. Masks and face shields are strongly encouraged for children age 2 through grade 2, with the exception of students with special needs.3. In accordance with the COVID-19 Industry Guidance, students who refuse to wear a face mask will be subject to the following: “In order to comply with this guidance, schools must exclude students from campus if they are not exempt from wearing a face covering under CDPH guidelines and refuse to wear one provided by the school. Schools should develop protocols to provide a face covering to students who inadvertently fail to bring a face covering to school to prevent unnecessary exclusions. Schools should offer alternative educational opportunities for students who are excluded from campus.”Oakland Education AssociationAccess to Sites. The District and the Association recognize that some unit members may experience unique, compelling difficulties in performing their work duties from their homes. Recurring access to sites shall be prioritized for individual staff from unstable housing conditions or for specific staff that must use tools and supplies specific to their content in order to provide quality distance learning to their students. Staff in unstable or crowded housing conditions, or in specific job types: i.e. instrumental music, CTE, SLPs who work in the AAC lab, DHH, VI/O&M shall be prioritized for access. In the event a member needs one-time access to retrieve materials, they shall adhere to the following guidelines as well. In order to protect essential staff and limit the number of staff on campus, unit members, the school safety committee, direct supervisors and the site administrators shall establish a schedule in advance. Access shall follow the guidelines listed below:a. The District shall provide temperature checks for all unit members.b. Unit members shall complete health screening forms and surveys.c. Unit members shall restrict movements to only pertinent areas (classroom/workspace, bathroom, work room).d. Unit members shall practice social distancing and following established safety protocols.e. Unit members shall have access to PPE (i.e., mask, face shields, gloves, hand sanitizer etc.) before entering the classroom/workspace, provided by the District. The District shall ensure that the access to the classroom/workspace is in compliance with Criteria 2 which states the following: The District shall establish and maintain safe environments, provide PPE, develop clear protocols and procedures for maintaining safe and healthy facilities, and social distancing, to address possible COVID-19 cases at school sites.f. Unit members shall practice social distancing and following established protocols.g. Unit members shall not bring additional persons onto school sites. h. Unit members shall follow a previously established schedule or timeslot.i. Unit Members shall use appropriate PPE provided by the district.j. Unit Members shall observe all local and state safety guidelines in terms of physical distancing.k. Unit members shall not choose this option if they have been exposed to COVID-19 and/or exhibit any symptoms. As part of symptom screening, the District shall refer symptomatic individuals to an appropriate healthcare provider or testing site.l. Unit members shall not be evaluated based on their usage or non-usage of the site.m. Safety committees, faculty council and/or other site based committees shall review site access on a monthly basis to determine the effectiveness of the policy. Palo Alto Education Association (CA)Safety: The parties affirm continued enforcement in an in-person learning environment of safety conditions set forth in in the previous memoranda of understanding These conditions are set forth below for convenience:Safety ProvisionsA. With the safety of students and staff central to our reopening plan as stated in Shared Interest I.B. above, PAUSD is committed to measures which will be monitored and may be revised or supplemented, including but not limited to:1. Adherence to the requirements in Santa Clara County Public Health Department's Reopening of Santa Clara County K12 Schools; revisions or updates to evolving guidelines will be subsequently followed (most recent version attached.)2. A dedicated discretionary fund for the superintendent to quickly address safety issues arising after reopening.3. Cleaning and spacing protocols consistent with section A.1. above.4. Personal Protective Equipment (PPE) for all staff members as described in the Santa Clara County Public Health Department's requirements which may, in the appropriate circumstances, include:a) Masks for staff and students in an amount sufficient to meet each site's needs.b) Face Shields for educators and paraprofessionals with the cloth attachment if requested.c) Disposable gloves in an amount sufficient to meet each site's needs.d) Smocks to wear over clothes for staff in an amount sufficient to meet each site's needs.e) Plexiglas shields for work that require a closer distance than the recommended six feet.f) Hand sanitizer; preferably automatic hand sanitizer dispensers inside doorways.g) Hand washing stations.5. Designated entry and exit points as determined practicable for the unique design of each school facility.6. Social Distancing Safety Protocols and Procedures for access to classroom and non-classroom facilities and areas. a) Students are required to wear cloth face coverings in any area outside the classroom (except when eating, drinking or engaging in physical activity) according to SCCPHD requirements. b) Elementary Students in grades 3-5 will be required to wear cloth face coverings in the classroom. Students without face coverings should maintain physical distance to the extent feasible.7. Enforcement protocols: The District shall develop procedures to promote consistent adherence to and enforcement of established safety protocols, including risk assessments (e.g., ventilation systems) and PPE supply inventory.8. The District will follow requirements for monitoring and response as provided by the SCCPH Department. [End of prior MOU.]In-Person Instruction – Additional Safety ProvisionsH. Personal Protective Equipment (“PPE”)1. The District shall provide PPE (disposable or reusable face masks) to all unit members and students for every day that unit members are required to report to school sites.2. In-lieu of using District-provided PPE, unit members may, but shall not be required to, bring their own PPE so long as the PPE complies with public health guidelines and provides at least equivalent protection to the PPE provided by the District. No unit member shall be disciplined or evaluated negatively for not bringing their own face coverings.I. Face Masks Requirements1. Face masks are required to be worn properly at all times by all individuals on a school worksite, outdoors or indoors except when unit members are alone in their classrooms, subject to the most current Industry Guidance and County Orders.2. Face masks shall not be required for staff if there is a medical contraindication verified in writing from a medical professional according to the Industry Guidance. Such unit members shall use face shields with neck drapes (provided by the District) tucked into the shirtPalo Alto Education Association-Special Education (CA)Safety Equipment and Personal Protective Equipment (“PPE”)1. The District will provide all Special Education staff with medical grade PPE (e.g. masks, disposable gloves, gowns, Plexiglas barriers, face shields, etc.), in sufficient quantities, based on the recommendation and guidance from SCCPHD, to all unit members working on campus.2. In lieu of using District-provided face coverings, unit members may bring their own face coverings so long as the face covering complies with public health guidelines and provides equivalent protection. Unit members shall not be required to bring their own face coverings, and no unit member shall be disciplined or evaluated negatively for not bringing their own face coverings.3. The District will create a process, specific to each site, by which impacted unit members shall have access, daily, to the appropriate PPE. If the District cannot provide the appropriate PPE, and unit members do not have their own, members will be sent home for the day, without loss of pay or leave and without incurring any negative evaluation. Any in-person classes taught by the unit member will resume when sufficient face coverings, or as applicable, PPE is available.4. Bargaining unit members who provide specialized health procedures or close contact therapies can access N95 masks. This includes, but is not limited to, Nurses, Speech Language Pathologists, Orientation & Mobility Teachers, Special Education Teachers and Specialized Academic Instructors. In addition, wherever possible, these bargaining unit members may conduct their job functions outdoors.Face Covering Requirementsa) Face coverings are required to be worn at all times by all adults on a school campus indoors or outdoors, except while eating or drinking. Face coverings are not required if a person is alone in an office, classroom or other space, unless the District notifies them that a face covering must be worn at all times.b) In lieu of a cloth or disposable face covering, bargaining unit employees may, only if approved by the District in writing, wear a face shield, allowing for their speech to project and for students to have the ability to view facial expressions.c) Face coverings are required for all students at all times, except while eating, drinking, or engaging in physical activity.d) Face coverings may not be required for students or staff if there is a medical or behavioral contraindication verified in writing from a medical professional or behavioral specialist. However, if the student engaged in biting, spitting, or other behavior that increases the potential spread of droplets, the student is to be removed from the classroom at the time, until the situation is resolved, and the unit member is to notify the principal.Pittsburg Education Association (CA)The District shall require the proper use of face coverings (e.g., appropriate cloth mask, surgical style mask, scarf mask, face shield) for all students, staff, parents, and community members at any school site or district building. All face coverings must follow District and site dress code requirements.a. Individuals who refuse to properly wear a face covering will be offered a mask, and if refused, access to all district buildings and rooms will be denied. Individuals who cannot wear a mask because of a documented health issue or special education qualification based on an IEP or doctor’s order shall instead be required to wear an appropriate or prescribed face covering.b. For bargaining unit members who elect to work on-site during the distance learning period, the District shall provide clean and sanitized work spaces, and shall provide the necessary PPE. Association members will be provided with five (5) face masks and five (5) face shields, and shall maintain the sanitary and working condition of face masks and face shields supplied to them. Employees shall be provided more masks and/or face shields when needed.c. Masks and facer shields may not be required for children under (3rd) third grade or for students with medical apparatus which prevents or obstructs the use of the apparatus.San Diego Education AssociationPersonal Protective Equipment: The District shall provide all unit members any District-funded Personal Protective Equipment (“PPE”) necessary to complete their work assignment in accordance with the guidance referenced in Section 2.a. above, including but not limited to face masks, face shields, gloves, etc. This also includes physical barriers, when necessary, and cleaning supplies in the workplace. Where there are differences in the guidance referenced in Section 2.a. above regarding the appropriate level of PPE, the District will provide the higher level of PPE recommended for the situation.Masks: The use of face masks sufficient to cover the mouth, nose, and chin, is required.N95 Respirators and Face Shields:1. Respiratory protection is important for unit members caring for individuals who present COVID-19 like symptoms and are in an isolation space pending travel home. Such unit members shall be provided N95 respirators that are fit tested, if N95s are available to purchase in the community; otherwise, surgical masks, face shields, and other PPE shall be provided.2. Face shields shall be provided to SDEA members who request it.Seattle Education AssociationSeattle Public Schools will follow all Public Health guidelines, including any state and public health decision frameworks and processes for K-12 reopening of schools during the COVID-19 pandemic.1. Additional health and safety protocols in the following areas will be implemented:a. Cloth face coverings: Staff, students, volunteers, and building visitors shall wear face coverings in accordance with state and local health guidelines.b. The District shall provide face coverings for all employees and students.c. Employees may choose to provide their own face coverings.d. Employees working with students who cannot wear a face covering shall be provided appropriate personal protective equipment (PPE).e. PPE will be distributed related to job/task. Training on how to wear appropriate PPE will be provided. PPE such as face coverings/masks, gloves, goggles, face shields, and disposable/cloth gowns will be made available to staff and distributed according to the activity/task performed.f. Appropriate PPE will be made available to staff who provide assistance to students who have special needs.g. Appropriate PPE will be made available to itinerant staff at each worksite.Woodland Education Association (CA)The District shall make every effort to provide sufficient personal protective equipment (PPE) for staff consistent with CDC and CDPH guidelines, appropriate for each classification or duty, and relevant to Cal/OHSA requirements, to the extent that such supplies are available.HVAC and Air QualityBoston Teachers UnionHVAC and Air Quality:a. Prior to September 14, 2020, the District will complete an audit of all HVAC systems and assess the air quality in each building. BPS will increase the circulation of outdoor air as much as possible by opening windows and doors, using fans and other methods as deemed appropriate.b. Unless used as an emergency exit, interior doors will be propped open to increase air ventilation and reduce the number of people touching the door during the day.c. Schools with automated HVAC systems will operate with open dampers to provide as much air in as possible without affecting recommended humidity (generally 40%-60%) and temperature levels (generally 68-77 degrees).d. Filters will be upgraded (if necessary) to remove volatile organic elements, such as bacteria and virus and the outdoor intake will be increased to circulate fresh air into the building. All HVAC filters will be upgraded to the highest density filter that can be accommodated for that unit.e. Schools without automated HVAC systems will operate with a combination of mechanical ventilation and open windows to maintain maximum ventilation without affecting recommended humidity (generally 40%-60%) and temperature levels (generally 68-77 degrees).f. In workspaces for which the HVAC system cannot maintain 6 air exchanges per hour or 20 CFM per person of fresh air, the district will provide and maintain window fans to create a continuous air exchange.g. Any air purifiers purchased by a staff member for workspace use will be maintained by said staff member and will be openly identified as personal property.h. Staff will direct ventilation concerns to their school leader 11 immediately.i. Educators who are currently assigned to work in classrooms that do not have windows or adequate air ventilation as defined by DESE guidance and/or the BPS Plan must be given an alternate work space that is suitable and does have windows and otherwise meets the DESE guidance for air ventilation. Non-mechanically ventilated spaces or spaces without windows cannot be used for in-person instruction or for workspace occupied by more than one person to the extent the size of the workspace does not allow for appropriate social distancing in accordance with public health guidelines. If an employee believes workspace does not meet these standards they may contact OHC. Delhi Teachers Association (CA)Air Ventilation and Filtration (In Common Areas-Office, Teacher Lounge, Bathrooms, Library)a. The parties affirm that public health officials indicate that proper ventilation is necessary to minimize the transmission and infection of COVID-19 especially for individuals in a closed space for extended periods of by reducing the airborne concentration of the virus and thus the risk of transmission and infection of COVID-19 through the air. All locations with functioning windows shall be encouraged to keep them open depending on weather, temperature, or air quality conditions.b. The District will ensure all HVAC systems operate on the mode that delivers the most fresh air changes per hour, including disabling demand-controlled ventilation, and open outdoor air dampers to 100% as indoor and outdoor conditions safely permit. HVAC air filters shall be equipped with filters that maximize central air filtration, which are changed quarterly when the school/classroom/portable is occupied by a bargaining unit member.c. If an individual test positive for COVID-19, the District will pull the HVAC filter(s) at the school site/portable to be tested for the presence of COVID-19, if such a test is available. The test results shall be shared with the Public Health Officer and the Association President.d. If an individual test positive for COVID-19, the District will change all HVAC filters in the air-flow system of the specific HVAC machine.Hawaii State Teachers AssociationCleaning and Disinfectingv. Ensure ventilation systems operate properly and increase circulation of outdoor air. Open windows and doors when possible. Do not open windows and doors if doing so poses a safety or health risk (i.e., risk of falling, triggering asthma symptoms) to children using the facility.Palo Alto Education Association (CA)Enforcement protocols: The District shall develop procedures to promote consistent adherence to and enforcement of established safety protocols, including risk assessments (e.g., ventilation systems) and PPE supply inventory.Palo Alto Education Association-Special Education (CA)In the case of bargaining unit employees being on campus, the District shall ensure all HVAC systems are set to operate on the mode which delivers the most fresh air changes per hour. Air filters will be changed prior to the start of the school year and in recommended intervals in accordance with the manufacturer’s recommendation for the best filtration, including open outdoor air dampers to 100% as indoor and outdoor conditions safely permit. Portables shall be equipped with air filters with a large enough capacity and flow rate for the square footage of the room. The parties affirm that public health officials have indicated based upon currently known information - which is subject to change - that proper ventilation is necessary to minimize the transmission and infection from COVID-19 especially for individuals in a closed space for extended periods of time by reducing the airborne concentration of the virus and thus the risk of transmission and infection of COVID-19 through the air. If a location does not have adequate HVAC or functioning windows, a bargaining unit employee may not be required to use the space. All locations with functioning windows shall be encouraged to keep them open depending on weather, temperature, or air quality conditions.Pittsburg Education Association (CA)The District will ensure all HVAC systems at each work-site operate on the mode which delivers the most fresh air changes per hour, and open outdoor air dampers to the extent possible so an individual HVAC unit can handle without damage. A log of each site’s completed HVAC filter change will be maintained by the Maintenance Department and available for inspection by each site’s PEA site representative.San Diego Education AssociationVentilation: The District will follow current guidance referenced in Section 2.a., ensuring ventilation systems operate properly and increase outdoor air circulation as much as possible. All classrooms shall use any combination of mechanical ventilation, natural ventilation, and HEPA air purifiers, as the individual room characteristics dictate, to provide adequate air exchanges. The District shall ensure all HVAC systems operate on the mode which delivers the most frequent air exchanges per hour, including disabling demand-controlled ventilation, and open outdoor air dampers to the maximum extent as indoor and outdoor conditions safely permit. Air filters shall be MERV-13 where systems can accommodate, and changed at the recommended intervals. Portables and/or other rooms without HVAC or means of natural ventilation shall be equipped with low noise HEPA air filters with a large enough capacity and flow rate for the square footage of the room.All areas used as the isolation space/room of individuals presenting COVID-19 symptoms, if indoors, shall be equipped with adequate ventilation with the use of minimal recirculated air. MERV-13 air filters DocuSign Envelope ID: 7A863123-1FAB-480D-BD06-D55A3A296006 Page 5 of 5 and/or HEPA filters shall be utilized. The District shall make every effort to utilize unassigned rooms that meet the highest minimum standards for ventilation and air circulation when used as an isolation space/room.Seattle Education AssociationIndoor Air: The District will ensure HVAC systems, air handling equipment, and other mitigation strategies are monitored, routinely maintained, promptly repaired, and comply with American Society of Heating, Refrigeration, and Air-Conditioning Engineers (ASHRAE), Department of Labor and Industries, and Health Department requirements to ensure proper fresh air supply, filtration and circulation to help prevent the spread of the COVID virus. Employee concerns about indoor air quality will be categorized as high priority by the District’s Work Management System and may be raised again as the number of occupants present increases. Employees?will have the option of another previously?assessed room/office until the assessment is complete. The District will share the results of any air quality analysis with the Association.Performance EvaluationDelhi Teachers Association (CA)Evaluations of teachers for the 2020-21 school year evaluation cycle will continue as planned. Permanent teachers will be allowed the option of submitting a video recorded presentation of their teaching lesson with students in Google Meets, in lieu of an in person observation of the same. The evaluation of teachers shall continue as outlined in the CBA, but shall not commence until 8 weeks into the school year.Denver Classroom Teachers AssociationThe educator evaluation systems are designed to provide support and coaching, which is true whether we are in remote, hybrid, or in-person learning.The Parties agree to amend Article 10-3-2-2 for the 2020-21 school year as follows: Probationary teachers shall receive a minimum of two observations and non-probationary teachers shall receive a minimum of one formal full observation as defined and set forth in the LEAP Fairness Guide. Teachers may request additional observations for coaching and evaluation purposes.Appendices that reflect the considerations unique to virtual, hybrid, and in person learning (under COVID restrictions) will be developed by the LEAP team in consultation with the Peer Observer Team and reviewed by the LCC. Similar modifications will be made for the SSP GPS system.All evaluators, teachers and SSPs will be trained and evaluators calibrated utilizing the appropriate appendix (virtual, hybrid and in person learning) prior to any evaluation being conducted.The SPS rating shall only be offered in Spring semesterSLOs will not be used for evaluation during the 20-21 school year. Schools will continue to use data teams to assess student progress.Hawaii State Teachers AssociationTeacher Evaluation - Educator Effectiveness System (EES) For purposes of compliance with Article VIII - Teacher performance, Appendix IV, Teacher Evaluation and Board of Education Policy 203-4, implementation of the EES and consistent with the "Key Priorities for Implementing EES" (EES pp 1-2) will continue in school year 2020-21. However, in order to assess the impact of COVID-19 response, the EES Joint Committee will meet and provide recommendations to the Superintendent, no later than July 28, to address any modifications to the EES for school year 2020-21.Highline Education ASSOCIATION (WA)1. Setting Expectationsa. Understanding that during a year when the mode of teaching and leading may change quickly and multiple times, a formative stance will be most useful.b. Recognizing that the opportunities for providing/substantiating evidence in the usual ways may be restricted, and that with this, the absence of evidence for an indicator or component should not be cause for lowering a score.c. Acknowledging teachers’ and school leaders’ specific contexts (issues with internet access, health concerns, children at home) when working remotely, and the impacts these contexts have on their work.d. Honoring the importance of setting up (reasonable) expectations for teachers and school leaders at the outset, and then ensuring robust supports are provided for them to meet these expectations.2. For teachers who are scheduled for a Focused evaluation, the teacher and evaluator shall proceed with the regular Focused evaluation.3. For teachers and principals in years two and beyond who are scheduled for a comprehensive evaluation, the teacher and evaluator will decide on two criteria to be formally scored using evidence provided during the 2020–21 school year. The remaining six criteria will be scored by assigning the score received in the most recent Comprehensive evaluation. The two criteria will be proposed by the teacher and mutually agreed upon with the evaluator. The teacher can be moved to a regular Comprehensive cycle (all 8 criteria) if the evaluator or teacher provides notice in writing by December 15.4. For teachers in their first year of teaching in the District on a Comprehensive evaluation, the teacher and evaluator shall (a) use the traditional Comprehensive process (all 8 criteria); or (b) determine at least two criteria to be formally scored using evidence provided during the 2020–21 school year, and the remaining criteria will be scored “Basic” as default score. Evaluators will use the language “default scores due to the circumstances of the COVID-19 pandemic” where applicable.5. For teachers on a plan of improvement, the District and Association shall determine modifications, if any, to the evaluation process on a case-by-case basis.6. For all evaluations during the 2020-21 school year, evaluators will not use drop-in visits as meeting the minimum observation minutes for the evaluation process.Hinsdale High School Teachers Association (IL)Teacher Performance Evaluations. For the 2020-2021 school year only:a. Tenured Teachers: Performance evaluations are hereby waived for all tenured teachers during the 2020-2021 school year. All tenured teachers, regardless of whether they were scheduled to be formally evaluated during the 2020-2021 school year will receive a summative rating equal to the rating they were issued on their immediately prior formal performance evaluation. A tenured teacher who received a summative rating lower than Excellent on his/her immediately prior formal performance evaluation will be formally evaluated pursuant to the District's Teacher Evaluation Plan if requested by the teacher. Such request should be directed to the teacher's direct supervisor.b. Non-Tenured Teachers: Performance Evaluations will be conducted during the 2020-2021 school year pursuant to the District's Teacher Evaluation Plan.Lower Kuskokwim National Education Association-Classified (AK)Teacher Evaluations 2019-2020The Lower Kuskokwim School District ("District") and Lower Kuskokwim National Education Association ("LKNEA"), in response to the State of Alaska's declared state of emergency and mandate to provide student instruction through alternative delivery, and in an effort to limit disruptions to District operations and student instruction, the Parties agree to the following regarding the evaluation of teachers for the 2019-2020 contract year.AcknowledgmentsA. The evaluation of teacher is subject to state law and regulation. Article VII of the LKSD/LKNEA Agreement, and the District's Teacher Evaluation System.B. This LOA does not apply to or modify completed evaluations, except for those teachers who are currently on Plans of Improvement ("POI") or Professional Support/Plans of Growth ("POG").C. Both state regulation and the LKSD Teacher Evaluation System require that evaluations be based on observations of the teacher in the workplace. The Parties acknowledge that workplace observations cannot be reasonably or fairly accomplished due to the fact that teachers are now instructing students through various methods of distance delivery.TermsIn light of the above acknowledgments, and in mutual desire to provide certainty to teachers regarding the 2019-2020 evaluations, the Parties agree as follows:2019-2020 Teacher Evaluations1. LKSD will discontinue further evaluative efforts to complete 2019-2020 evaluations. LKNEA agrees on behalf of its teachers that contractual obligations for those evaluations are waived. As a result, LKSD and LKNEA recognize and agree that many teachers who are in an evaluation year will not have 2019-2020 completed evaluations. It is the intent of the Parties that those evaluations will n o t be completed at a later date so that all efforts can be focused on student instructional needs. 2. Evaluations for the 2020-2021 school year will proceed in compliance with the LKSD Teacher Evaluation System.3. Teachers in an evaluation year in 2019-2020 who did not have an evaluation completed, will be evaluated in 2020-2021.4. Work-to-date on 2019-2020 evaluations, including observation reports and data entered into the notes fields, may be maintained by LKSD and relied upon in completing the 2020-2021 evaluations by mutual agreement. Any reliance on data or information from 2019-2020 should be noted by LKSD evaluators in the 2020-2021 evaluations.Provisions Specific for Teachers Currently on a POl/POG5. Plan progress obligations related to plans of improvement and plans of growth are suspended for the period March 4 through the first teacher reporting day of the 2020-2021 school year. This means that there is a suspension of plan obligations for both the evaluator and the teacher, including plan-specific components and action steps. This suspension does not modify continuing expectations applicable to all teachers that professional performance is subject to evaluative standards and the code of ethics of the teaching profession. This suspension does not modify the right of a supervisor to otherwise observe, document, or counsel a teacher currently on a POl/POG.6. No later than August 30, 2020, the evaluator, teacher, and LKNEA representative if requested by the teacher, shall meet to identify the revised POl/POG end date and all continuing obligations under the POl/POG. Neither LKSD nor the teacher is required to repeat plan actions or observations that were already completed prior to the plan suspension. All observation and other evaluative data collected during the course of plan implementation, regardless of school year, may be relied upon by the administrator in determining satisfactory completion of the plan.7. The Parties recognize and agree that any nontenured teacher who would otherwise acquire tenure upon the first day of service in the 2020-2021 school year, will not acquire tenure if on a Plan of Improvement. A teacher on a POI has not met the statutory requirements for tenure under AS 14.20.150. Specifically, the teacher has not received an evaluation in the most recent year of employment that indicates the teacher met the District's performance standards.Additional Provisions8. The Parties agree that this LOA reflects their mutual and best efforts to address evaluatory obligations, including those in AS 14.20.149 and 4 AAC Ch. 19, while prioritizing student instructional needs, teacher rights, and the health and safety of students, staff, and the community.9. To the extent the State of Alaska Department of Education and Early Development requests information about this LOA, the Parties agree to cooperate in reaffirming this as their mutual intent. The Parties recognize that the Department may mandate different or additional requirements which could change the terms of this Agreement.10. Nothing in this Agreement modifies or limits the right of LKSD to non-retain teachers in accordance with law.This agreement is not intended to establish a precedent for any similar situations that may arise prospectively or for any other similar situations, past or pending.Monessen Education Association (PA)The District agrees that livestreaming sessions, and pre-recorded lessons willnot used for the bargaining unit member’s evaluation. The use of videoshall not be used as an evaluation tool or otherwise be used to negativelyimpact any bargaining unit member’s evaluation.Palo Alto Education Association-Special Education (CA)Evaluations:A. Upon mutual agreement between the evaluator and unit member, evaluations for permanent certificated unit members with satisfactory evaluations on their most recent evaluation shall be evaluated according to the following informal process:B. All permanent certificated unit members will meet with their direct supervisor before October 15 for a goal setting conference.C. Supervisors will conduct informal observations for support and supervision of instruction throughout the year. Unit members will meet with their supervisor by May 1 for an informal reflection meeting to capture key learning and growth.D. In order to record that an evaluation was completed, a document shall be placed in the unit member’s personnel file stating as follows: “The evaluation for the 2020-2021 school year was completed according to the informal process set forth in the COVID-19 MOU between the District and PAEA.”E. Unit members shall be held to the same standards of professionalism they have always aspired to meet and which applied prior to teaching in a distance learning model. No further information shall be added to the evaluation document described in section c. above unless the evaluator has concerns to record in this regard which have been discussed with the unit member as they have arisen.F. Temporary and probationary employees will be evaluated pursuant to Article X Evaluations.G. Bargaining unit members who were on a support/improvement plan will be evaluated in 2020-2021. H. Evaluations will be done by administrators who have been trained in strategies to effectively evaluate teachers in a distance learning environment.I. Considerations for limitations and/or malfunctions of technology will be taken into account in the evaluation. Teachers will be provided support and training in use of technology for a distance learning environment.J. If a bargaining unit member feels that an observation has not represented their teaching practice accurately, that bargaining unit member may request that the evaluator conduct one additional observation which may be used to replace or supplement the original.K. Supervision and feedback will be provided to all certificated staff in order to support them in the expectation that they meet or exceed professional standards including the CSTPsPittsburg Education Association (CA)For the 2020-2021 school year, regular evaluations as described in Article 10 will occur for probationary and temporary bargaining unit members. For permanent unit members, evaluations shall be placed on pause until the return of in-person teaching, at which time the Parties will reconvene to amend the timelines detailed in Article 10. Santa Monica-Malibu Classroom Teachers Association (CA)Teachers will be evaluated during the 2020 – 2021 school year.a. Permanent unit members in year one of the evaluation cycle, or who opt for observation (year three), shall be evaluated on CSTP Six (6) and two mutually-agreed-upon CSTPs. In the event that the unit member and evaluator cannot mutually agree, they may engage a site representative to assist.b. Evaluations paused during 2019 – 2020 shall be completed no later than November 1, 2020.c. Probationary and temporary unit members shall be evaluated per Article XI of the Collective Bargaining Agreement.Seattle Education AssociationEVALUATIONGuiding Principles adapted from OSPI Guidance for TPEP The parties agree that district, school, and association leaders will collaborate regarding evaluation, including:? Understanding that during a year when the mode of teaching and leading may change quickly and multiple times, a formative stance will be most useful.? Recognizing that the opportunities for providing/substantiating evidence in the usual ways may be restricted, and that with this, the absence of evidence for an indicator or component should not be cause for lowering a score.? Acknowledging teachers’ and school leaders’ specific contexts (issues with internet access, health concerns, children at home) when working remotely, and the impacts these contexts have on their work.? Honoring the importance of setting up (reasonable) expectations for teachers at the outset, and then ensuring robust supports are provided for them to meet these expectations.? Procedures for the logistics of completing the evaluation process and forms may need to change for the 2020–21 school year. Electronic tools used for evaluation conferences, remote and/or video observations, electronic and/or email signatures, and forms being used for this year (2020–21) only may be necessary.The parties will meet to discuss any updated guidance from OSPI regarding the impacts of remote learning on evaluation for classified and certificated staff.1. For 2020-2021 evaluations of certificated employees will be conducted in accordance with provisions of the Collective Bargaining Agreement (CBA) for Non-supervisory Certificated Employees and remain subject to the definitions, timelines, supports, and procedures therein. The parties agree to amend the evaluation process described in Article XI in the collective bargaining agreement (“CBA”), as follows:a. Certificated employees in their first year of teaching, or in their first year of teaching in Seattle Public Schools, will receive a full comprehensive evaluation in 2020-2021, in accordance with Article XI, Section D of the CBA and in this MOU.b. Certificated employees who are on a continuing contract and did not meet the performance schedule in 2019-2020 will receive a full comprehensive cycle in 2020-2021, in accordance with Article XI, Section D of the CBA and in this MOU.c. Certificated employees who are on a provisional contract and did not meet the performance schedule, or received an overall Basic rating, will receive a full comprehensive evaluation in 2020-2021 in accordance with Article XI, Section D of the CBA and in this MOU.2. All other certificated employees who are not included in items a-c but should be on a comprehensive cycle in 2020-2021 per Article XI, Section G.1 of the CBA, are eligible to be on a modified version of the comprehensive cycle. The modified version of the comprehensive cycle shall be as follows:a. The teacher shall select, and the evaluator shall approve two criteria (and one student growth focus [3, 6 or 8]) to be formally scored using evidence collected during the 2020-2021 school year.b. The remaining six criteria shall be scored by assigning the overall summative score (not the corresponding criterion score) received on the most recent Comprehensive evaluation. Teachers may request an evaluation of all 8 criteria and that request shall be approved.c. Student growth will be scored using the rubrics developed by OSPI for the 20-21 school year.d. The summative score shall be determined by adding all criterion scores (using the 20-21 scores for the two criteria selected, and for each of the remaining criteria, the overall score received the last time the teacher was on a comprehensive cycle) using the scoring bands provided in the CBA.e. The Student Growth Impact Rating shall be determined by adding all student growth components (using the 20-21 scores for the two criteria selected, and for each of the remaining criteria, the overall score received the last time the teacher was on a comprehensive cycle) and using the scoring bands provided in the CBA.f. An evaluator can move any certificated employee to a full comprehensive evaluation of all eight (8) criteria by December 15, 2020 if concerns are identified, in accordance with Article XI, Section G.3 of the CBA and state law. For certificated teachers, this will allow the school leader to initiate consulting teacher support.g. Certificated employees who were assigned to a comprehensive evaluation cycle for 2020-21 at the end of the 2019-20 year, in accordance with Article XI, Section G.2 of the CBA, will also receive a full comprehensive evaluation of all eight (8) criteria.h. Certificated employees on the Comprehensive evaluation cycle shall have at least two (2) observations for a total of sixty (60) minutes of their educational practice conducted, in accordance with the provisions of Article XI, Section D.8 of the CBA.i. One observation shall be planned for a time when the educator is engaged in synchronous virtual instruction (classroom teachers) or other role-specific learning experience (i.e. Counselors, ESAs, Teacher Librarians) with students.ii. The other required observation may be unscheduled or may be based on coaching discussions between the evaluator and educator of informal evidence gathered outside of the instructional setting. iii. Observations will be conducted in accordance with the current collective bargaining agreement.i. Certificated employees on Focused evaluations shall be evaluated according to the requirements outlined in Article XI, Section D.3 and D.8.c of the CBA. Qualifying for Consulting Teacher support will continue to follow processes outlined in the current collective bargaining agreement between the District and the Association.j. The Professional Growth & Educator Support committee shall approve a set of “look fors” related to the components of the Danielson Framework for Teaching and TPEP eight (8) evaluative criteria to be used by evaluators who observe online instruction. The PG&E Committee will work to create/align critical attributes in a remote setting that align with the TPEP evaluation rubric.k. The SPED ESA Evaluation work group will work to develop a set of “look fors” in a remote setting that align to the four (4) domains of evaluation for each SPED ESA rubric.l. The Professional Growth & Educator Support committee (or another appropriate work group appointed by SPS/SEA for this purpose) will work to develop a set of “look fors” in a remote setting that align to the four (4) domains of evaluation for non-TPEP certificated employees and non-SPED ESA certificated employees.m. The District will provide information on the added “look fors” to all evaluators before any educator is engaged in an observation, but prior to October 15th.n. The District will provide information to all educators in a variety of modalities to ensure educators learn about and understand the “look fors” to be used during an observation.o. Evidence from online instruction/services is presumed to be “Proficient” unless there is a preponderance of evidence in a given criteria to suggest performance is “Distinguished”, “Basic”, or “Unsatisfactory”.p. For certificated employees who are provisional or on professional growth support documents or performance improvement plans will continue to receive PAR and other supports per the collective bargaining agreement.CLASSIFIED EVALUATIONS:In recognition of the uncertain circumstances of working during the COVID-19 health crisis, the parties agree the focus of evaluation process during this time is rooted in supporting staff in their professional growth to ensure a positive learning environment for students.1. Classified Employees will continue to be evaluated in accordance with the collective bargaining agreement and a final summative conference with the employee must be held prior to the final evaluation report being summited.2. The Classified Mentorship workgroup will be reconvened by October 1 to develop a set of “look fors” for each of knowledge/skills on the classified evaluation that may be applicable during COVID-19. The District will provide a virtual training for evaluators on classified evaluations to be completed prior to the end of December 2020.3. The following modifications will be made for the 20-21 school year: a. All Classified employees who have received an overall rating of “Strong” or “Excellent” will be moved to a “Focused” evaluation cycle for the 20-21 school year. b. Any classified employee who has been rated “Satisfactory” will be allowed to request a “Focused” evaluation cycle for 20-21. That decision will be made in consultation with their evaluator.4. Employees on a focused evaluation may be returned to a Comprehensive evaluation by the evaluator, but no later than 3 months prior to their final evaluation.5. If an employee’s performance is rated “Unsatisfactory” they shall be provided a mentor as outlined in the collective bargaining agreement and may be placed on extended probation as outlined in Article IV, Section B with the following additions:a. Employees whose performance has been identified as Unsatisfactory may request three (3) days of on the job mentoring. Every effort will be made to provide a mentor.b. Extended probation shall begin after the “look fors” training has been completed for the employee.c. During the probationary process for Newly Hired Employees, either the evaluator or new employee may request mentor support should the evaluator note performance concerns.6. The Classified Mentorship Workgroup will work to create/align components from the evaluation rubric to incorporate best practices of online student supports and administrative office work.7. The District will provide information to all educators in a variety of modalities to ensure educators learn about and understand the classified evaluation process and “look fors” in a remote settingTeachers Association of Long Beach (CA)Beginning with the opening of the 2020-2021 School Year Certificated Evaluations will follow the process outlined on the TALB collective bargaining agreement for all teachers.United Teachers Los AngelesFor the 2020-2021 school year, evaluation of unit members shall be limited to non-permanent employees (provisional and probationary). Employees being evaluated may submit a video of their lesson to their evaluator in lieu of a formal evaluation observation while assigned to do full remote instruction. Uniontown Area Education Association (PA)Any bargaining unit member who was engaged in a Plan of Improvement shallhave such Plan frozen and the Plan may resume once school resumes in normalfashion.Recording of InstructionHawaii State Teachers AssociationRecording of teachers without their permission is prohibited.Highline Education Association (WA)When introducing new material, staff will use screencasts, videos, recordings, or onlinelessons (“flipped learning”) to increase access to instruction.a. Lessons may be pre-created or be recorded during synchronous instruction.b. The district will provide recording platforms which will protect the privacy ofstudents and staff, and training for use of such platforms.c. Recordings will be maintained for ongoing use through the remainder of the schoolyear and then deleted.d. Recordings may be submitted as artifacts for the purposes of evaluations, but willnot be used as observations for performance evaluation unless requested by theeducator.Lemon Grove Teachers Association (CA)Asynchronous instruction may include screencasts & videos used to deliverteacher pre-recorded instruction.To support rigorous distance learning the first one (1) hour of every day of distance learning willbe reserved for bargaining unit member planning time which may include recording instructionalvideos for use in asynchronous instruction.Monessen Education Association (PA)Any livestreaming of video or video recording of instruction shall be done onlywith the express knowledge and agreement of the teacher.The District agrees that livestreaming sessions, and pre-recorded lessons willnot used for the bargaining unit member’s evaluation. The use of videoshall not be used as an evaluation tool or otherwise be used to negativelyimpact any bargaining unit member’s evaluation.The District agrees that livestreaming sessions and pre-recorded lessons willnot be used for disciplinary purposes, except as may be required by theEducator Discipline Act or the Child Protective Services Law. Employees arerequired to comply with all Board policies relating to employee conduct andmandatory reporting.The District agrees, at its sole expense and cost, to defend, indemnify andhold harmless all professional employees against any and all claims,damages, losses, expenses, attorneys’ fees, suits, proceedings,investigations, and judgements for damages or equitable relief which may bebrought or threatened to be brought against any professional employeerelated to or arising out of providing lessons through livestreaming or prerecordedsessions including but not limited to, any failure for the technology tofunction properly, failure to reach growth measures, any difficulty providingaccommodations, or omissions of the employees in connection withdesigning, delivering, and assessing instruction via livestreaming, prerecordedlessons or any other online course.At the end of the school year, any/all recordings may be erased at the discretionof the bargaining unit member.Families and students will be notified of an enhanced acceptable use andconfidentiality policy, including their responsibilities for the use of technology andvirtual learning, and that the recording, reproduction and publication of livestreamed or recorded lessons are strictly prohibited. The District shall holdharmless all bargaining unit members for any inappropriate acts or usecommitted by students.Oakland Education AssociationUnit members will either record live whole group and/or small group sessions with District obtained parental consent or provide other alternative means for students, and particularly those in need of additional academic support (i.e. through differentiation and/or paraeducator/instructional support specialist service minutes) or students unable to attend synchronous instruction, can access instructional content as needed. The District shall include parental consent for student recording in student registration packets. The District will notify students and families of Ed Code 51512, which prohibits "the use by any person, including a pupil, of any electronic listening or recording device in any classroom without the prior consent of the teacher and the principal of the school” through district-wide communication.Bargaining unit members may opt to use grade level/subject specific instruction pre-recorded by the teacher and/or pre-recorded instruction from the Learning Continuity and Attendance Plan as a supplement to synchronous instruction and to allow for more Small Group Instruction time.Seattle Education AssociationDistrict approved learning management systems will be used to archive lessonsand other activities for students to access at a later time. When introducing newmaterial, staff will, when possible, use screenshots, video recordings or onlinelessons to increase equitable access to instruction.a. Lessons may be pre-created or pre-recordedb. Recordings will be maintained for ongoing use through the remainder ofthe school yearc. Recordings may be submitted as artifacts for the purposes of evaluationsbut will not be used as observations for performance evaluation unlessrequested by the educator.Uniontown Area Education Association (PA)Any livestreaming of video or video recording of instruction shall be done onlywith the express knowledge of the teacher.NEA Guidance to State and Local Associations on Reopening Schools, Colleges, and Universities for In-Person InstructionNEA Office of General Counsel and Collective Bargaining and Member Advocacy DepartmentFinal Draft for Circulation on May 27, 2020Table of Contents TOC \o "1-3" \h \z \u I.Amplifying Educator Expertise through Collective Bargaining and/or Collaboration to Address COVID-19 Issues PAGEREF _Toc41472438 \h 2591.Consider and assess the impact of decisions on racial and economic inequities PAGEREF _Toc41472439 \h 2602.Crafting engagement plans PAGEREF _Toc41472440 \h 261a.Our members and internal Association structures PAGEREF _Toc41472441 \h 261b.Labor-management engagement PAGEREF _Toc41472442 \h 261c.Broader engagement on COVID-19-related issues PAGEREF _Toc41472443 \h 262II.Safe and Healthy School Operations, Contingency Plans, and Communications Plans PAGEREF _Toc41472444 \h 2631.Social distancing PAGEREF _Toc41472445 \h 2652.Pre-opening preparation of facilities and staff PAGEREF _Toc41472446 \h 2673.Screening, testing, and monitoring students, employees, and visitors PAGEREF _Toc41472447 \h 2684.Hygiene and personal protective equipment for staff and students PAGEREF _Toc41472448 \h 2685.Ongoing disinfection and sanitation measures. PAGEREF _Toc41472449 \h 2696.At-risk individuals PAGEREF _Toc41472450 \h 2707.Procedures for suspected or confirmed cases of COVID-19 PAGEREF _Toc41472451 \h 2708.Mental health support for students and staff PAGEREF _Toc41472452 \h 2719.Contingency Plan PAGEREF _Toc41472453 \h munications Plan PAGEREF _Toc41472454 \h 271III.Ensuring the Continuity of Education and School-Based Services PAGEREF _Toc41472455 \h 272IV.Addressing Wages, Hours, and Other Terms and Conditions of Employment PAGEREF _Toc41472456 \h 2741.Wages PAGEREF _Toc41472457 \h 2752.Hours PAGEREF _Toc41472458 \h 2763.Other terms and conditions of employment PAGEREF _Toc41472459 \h 2764.Bargaining for the common good PAGEREF _Toc41472460 \h 2785.Process considerations: Remote organizing and representational work PAGEREF _Toc41472461 \h 279V. Appendix PAGEREF _Toc41472462 \h 2811.Resources on the disparate impact of COVID-19 on Native People and People of Color PAGEREF _Toc41472463 \h 2812.Resources on inequality in the school setting PAGEREF _Toc41472464 \h 2813.Federal antidiscrimination law guidance PAGEREF _Toc41472465 \h 2814.NEA legal and bargaining resources PAGEREF _Toc41472466 \h 2815.The First Amendment and public school employees PAGEREF _Toc41472467 \h 282The COVID-19 pandemic has brought unprecedented challenges to our schools, our economy and our families. It has deepened longstanding racial and economic inequities for students and their families. In these challenging times, our nation’s educators have gone to extraordinary lengths to ensure some continuity of education for all students and to support students who depend on schools to feed both their minds and themselves. But the transition to distance learning has placed effective instruction beyond reach for too many students who lack computers and internet access, and whose working parents or family members cannot troubleshoot technological and other learning issues as they arise. And even students who can access instructional offerings have struggled with the limitations of distance learning.As states and communities turn their attention to when and how to reopen in-person school, and how to prepare for the predicted second waves of COVID-19, amplifying the voices and expertise of educators to creatively meet those challenges has never been more important. Communities face fundamental choices that call for bold thinking and advocacy to shape what schools should look like for all students. Communities will have to determine whether some or all students attend in person, whether they will be on a staggered or segmented school-attendance cycle, and how school classrooms and facilities will be rearranged, among other issues. They will also have to address the cost of putting necessary health and safety protections in place. Educators must be at the table to advocate for the solutions and resources necessary to make such sweeping changes work. In working to meet these challenges, it is critical to ensure that reopening plans directly address the racial and economic disparities that block educational opportunities for too many students, disparities that have only been magnified by the pandemic. At each point in addressing COVID-19-related disruption, we must consider and assess the impact of choices and decisions on whether racial and economic inequities are being addressed.Low-income communities and communities of color are bearing the brunt of the pandemic’s effects. People of color are over-represented in lower-paying service-sector jobs, including jobs that are considered essential during the pandemic. Those jobs often involve an increased chance of exposure, and many of them are among the first to be cut during an economic downturn or crisis. And with respect to health insurance, people of color are disproportionately likely to be uninsured or underinsured. All of these realities are reflected in the Centers for Disease Control and Prevention (CDC) findings that “racial and ethnic minority groups” are suffering “a disproportionate burden of illness and death” from COVID-19. As a consequence, students of color and low-income students are disproportionately likely to have a parent or guardian who is ill with COVID-19, to have lost a parent or guardian to COVID-19, and to be experiencing the adverse economic effects of the pandemic (including food and/or housing insecurity). Such students also are less likely to have the access to technology that is necessary for distance learning and more likely to attend schools that lack necessary resources. And students and staff alike who are, or are perceived to be, Asian or Asian-American face discrimination, harassment, and bullying by reason of their actual or perceived race, ethnicity, or national origin. When all of these factors are taken together, the result is a perfect storm that requires Associations and members to keep racial and social justice at the forefront of our advocacy around school reopening. With 14,000 locals around the country, NEA recognizes that no single approach will meet the needs of every institution in every community where we work. We also know that, as conditions change, we will need to amend and supplement this information. This document is intended to assist advocates in thinking through the following four key aspects of the reopening process: amplifying educators’ expertise through bargaining and/or other collaboration to address COVID-19 issues; safe and healthy school operations, contingency plans, and communication plans;establishing continuity of education and school-based services; and addressing significant changes in educators’ wages, hours, and other terms and conditions of employment For the reopening work to be successful, it will require significant member activism. For that reason, attached is a primer on First Amendment protections for advocacy and a list of additional useful resources.I.Amplifying Educator Expertise through Collective Bargaining and/or Collaboration to Address COVID-19 IssuesThe COVID-19 pandemic requires drastically reshaping how schools operate, which has many implications for our members’ work. Whether or not your Association bargains collectively, they must lead in the reopening discussions. Successfully reopening schools, colleges, and universities—and keeping them open and effective for all students—will require collaboration that includes the voice of educators and community members. This is a time for collective decision-making and solutions, not top-down directives by school districts, college and university administrators, or state or local officials.Where collective bargaining for education employees exists, it must form the basis of labor-management engagement. Where it does not, or where it is too limited in scope to address the myriad issues related to COVID-19, other forms of collaboration should be used. Section IV of this document catalogs the types of changes in working conditions that you will need to consider in developing reopening plans. Besides these substantive changes, take time at the outset to put the structures in place to ensure reopening plans are informed by the expertise and creativity of educators, as well as by the views of the broader school community. Structures for broad scale engagement are critical because of the magnitude and complexity of the issues at stake.To take but one example, having students eat lunch in classrooms can play a role in establishing in-school social distancing. But to make such a measure work without adversely effecting students, plans need to be made for how students who receive free and reduced lunches will continue to get their meals, who will supervise students eating in class, and how the classroom will be cleaned following lunch. Employee issues that will need to be addressed include employees’ work hours, their own lunch, duty-free or planning periods, and compensation or scheduling changes necessary to cover the in-class student lunch.Similarly, many states, higher education institutions, and school districts are currently considering whether students should return to school on some type of staggered schedule in order to permit continued social distancing. However, to decide what type of staggered schedule makes the most sense, you need to consider which students will benefit the most from returning to school first, which students struggled the most with distance learning, and which students require supports that can only be provided in school, such as Individualized Education Program (IEP) supports, English Language Learner (ELL) instruction and free or reduced meals. These overlapping considerations occur at all levels of the educational system. For example, colleges and universities that adopt a trimester system instead of semesters will create new curriculum-development requirements in addition to scheduling and many other concerns.Consider and assess the impact of decisions on racial and economic inequitiesThe COVID-19 pandemic has laid bare existing racial and economic disparities in this country. As we consider how to return and reopen our educational institutions, we must assess who will be affected by the decisions that are made. This crisis has created an opportunity to be intentional about overcoming these disparities and to prevent them going forward.At every stage of planning and implementation, racial and social justice must be in the forefront. Particularly given the resources that will be needed to respond effectively to COVID-19 needs—additional staff, revised or extended work hours, materials to clean and sanitize, personal protective equipment (PPE), and technology-related needs, to name just a few—it is critical that under-resourced schools and student populations not be allowed to fall behind. Associations should utilize impact assessments to ensure racial justice and equity are centered in how we reopen schools. By being clear and explicit about who will be affected, we can avoid reopening and returning to schools that continue to perpetuate the very behaviors, practices, and limiting policy decisions that have traumatized the very communities we desire to help. Among the questions we should be asking are:Who will benefit from the choices and decisions being made, and who will be harmed? Are we explicitly addressing racial and economic disparities and/or impacts? For whom? Whose conditions are being improved?Whose voices are part of creating the solutions? Who is part of the decision-making process? Crafting engagement plansIn crafting your engagement plans, consider three different audiences and approaches. Our members and internal Association structuresWithin the Association, create clearly defined mechanisms for exploring COVID-19-related issues and for communicating with members and the community. Take the opportunity to create or refine member contact lists, build relationships and develop advocates within the Association, and strengthen structures for communicating effectively within and outside the Association. Pay particular attention to reaching out to and organizing new educators, who—as always—need to hear from and engage with the Association even during this stressful time.The purpose of doing so is both to make sure the Association understands and is able to resolve members’ return-to-work concerns and to engage members to think creatively about how to solve the significant and overlapping issues that must be addressed for schools to successfully open and stay open. Members should be engaged about what did and did not work when the pandemic began, so that plans for distance learning (either as part of a staggered reopening approach or as a reclosing contingency plan) can build on the successes and not repeat the mistakes. Members should also provide input on how to overcome problems that could develop in future distance-learning scenarios, including how to provide distance learning effectively with an entirely new class rather than students the teacher has had months to get to know.Labor-management engagementWhere collective bargaining exists, use it to address COVID-19 issues. For a detailed list of the issues that should be explored see Section IV below. But do not overlook other opportunities, such as existing labor-management health care committees or distance learning taskforces or other structures; they can be used to effectively engage with management over the complex issues at hand. Where bargaining does not exist, or the scope of bargaining is too limited to address COVID-19 issues, use, create, or repurpose committees or other mechanisms to engage with management.It is crucial that Associations participate in the development of requests, guidance, and directives sent to employees or, at a minimum, be provided with advance notice so that Associations can weigh in to protect employees and allay confusion and fears. Broader engagement on COVID-19-related issuesIdentify and advocate to include the Association in broader work being done to address COVID-19 within the school community and, more broadly, at the city, county, or state levels. Advocate for collaborative efforts to include all stakeholders, including teaching staff, education support professionals, school nurses and other specialized instructional support personnel, administrators, school board members, students, parents and guardians, and medical and public health officials. This collaborative work should focus on what it will take to reopen schools, how to keep schools open safely, and, if necessary, how and when to close schools again.Bargaining for the Common Good (BCG) is one way that Associations have successfully worked with stakeholders to advance broad interests. Developed in partnership with the BCG Network, made up of the Georgetown Kalmanowitz Initiative for the Working Poor, Rutgers Center for Innovation in Worker Organization (CIWO), and the Action Center on Race and the Economy (ACRE), common parts of this strategy are included in NEA’s Seven Elements of a BCG Campaign. Though Associations have utilized a BCG strategy during “normal” times, the crisis brings about a new opportunity to build power and make bold demands in order to both advocate for the needs of, and provide protections for, a broad range of stakeholders, including those for whom racial and economic disparities have undermined educational opportunities. For more information, see Section IV below.Another widely used model is to have a master working group or task force to oversee and support several working groups tackling the issues needed to reopen schools safely, such as:deciding who will make decisions about when and under what conditions in-person school will resume, and determining how those decisions will be made;implementing social distancing in schools through approaches such as staggered returns to school, segmenting school classes, hybrid in-school and distance learning schedules, and physically reconfiguring facilities;ensuring continuity of instruction by identifying and remediating deficits from the spring; cleaning protocols for facilities and equipment to keep students and staff safe;providing students and staff with PPE;screening students and staff for COVID-19 and isolating or quarantining those who are sick; developing a contingency plan for partial or full closures in the event of a second COVID-19 wave. The task force would be responsible for creating and implementing a communications plan to keep the community and staff informed of the development of the plans for reopening, and for advocating for the necessary resources to safely reopen. Both the taskforce and the working groups would have representatives of both management and the Association, as well as representatives of parents, guardians, and the broader community. Example: District-Wide and School-Based TeamsCOVID response teams could be formed at the district and school levels. District-wide teams—made up of representatives from the school district’s administration, from local and possibly state Association representatives, from parent/guardian groups, and from the broader community—can be formed to develop the district’s overall reopening plan and to formulate the policies and procedures necessary for its implementation. District-wide teams can delegate some of that work to specialized working groups or task forces that are similarly representative of important stakeholder groups. School-based teams—similarly made up of representatives from the school’s management, from the local Association, from parent/guardian groups, and from other community organizations—can be formed to deal with implementation of the reopening plan and respond to unforeseen issues with reopening plan implementation.Example: District-Wide and School-Based TeamsCOVID response teams could be formed at the district and school levels. District-wide teams—made up of representatives from the school district’s administration, from local and possibly state Association representatives, from parent/guardian groups, and from the broader community—can be formed to develop the district’s overall reopening plan and to formulate the policies and procedures necessary for its implementation. District-wide teams can delegate some of that work to specialized working groups or task forces that are similarly representative of important stakeholder groups. School-based teams—similarly made up of representatives from the school’s management, from the local Association, from parent/guardian groups, and from other community organizations—can be formed to deal with implementation of the reopening plan and respond to unforeseen issues with reopening plan implementation.II.Safe and Healthy School Operations, Contingency Plans, and Communications PlansThere are two general and absolute preconditions that must be met in order for schools to safely reopen and stay open. Those preconditions are: a scientific consensus from local health authorities and epidemiologists that the virus has been sufficiently contained in a particular area for in-person schooling to resume; and a plan to continue to contain the virus that includes robust COVID-19 testing, effective contact tracing, and case-isolation within the school community and in coordination with broader community and state efforts. In any discussions about whether and under what circumstances schools should reopen, Associations should insist these two preconditions are met. Associations and members should be prepared to address the following ten considerations in reopening schools: determining how social distancing can be maintained; preopening preparation of facilities and staff;screening and monitoring students and staff for symptoms;hygiene and personal protective equipment requirements for staff and students;ongoing disinfecting and sanitation of facilities and equipment;procedures in the event that a student or staff member contracts COVID-19special protocols for students, staff, and families and guardians who are at higher risk from COVID-19; andmental health support for students and staff; contingency plans in the event that in-person schools must be closed again; anda communications plan to ensure that the full school community understands the plans to protect student and staff health and safety when schools reopen. Advocating for or agreeing to changes to address COVID-19-related disruption without understanding the implications for students, staff, and families could slow the process, cause confusion, endanger health, and lead to other unintended consequences. Make sure to consider and directly address the racial and economic disparities that block educational opportunities, and use the engagement tools detailed in Section I of this document.The COVID-19 response will vary depending on many factors, including students’ ages, the grades in a school, and whether schools are in urban, suburban, or rural areas. Whether changes are being implemented in a K-12 or higher education context will also affect the response. While all educational institutions will need to develop academic and facilities plans, for example, many colleges and universities also maintain, and will need to address, plans related to foreign students; residential facilities; cultural, recreational, and community centers; National Collegiate Athletic Association (NCAA) athletics; student health; campus transportation; campus security; local community engagement; and community service programs.Social distancingGoals: Ensure that schools minimize the transmission of the novel coronavirus and relieve anxiety about its transmission by establishing appropriate social-distancing requirements. Ensure that social-distancing measures are implemented without discrimination on the basis of actual or perceived race, ethnicity, or origin. For students with disabilities, ensure that social-distancing measures are implemented without discrimination and consistent with such students’ Individualized Education Programs. Considerations: The social distancing that is required to operate schools safely during the pandemic requires broadly rethinking how students get to school, when they arrive and where they are instructed. How crowded are your schools now? What do the hallways look like at arrival and dismissal? How many students arrive by bus? How many come early for breakfast or stay late for after care? Do students move between classes while instructors stay put? If the answers are that classes are now overcrowded, hallways are filled wall to wall with students between classes and at arrival and dismissal, the playground is crowded at recess and before and after school, your district and school will need to do some hard thinking as to how to ensure that students and staff remain 6 feet apart from each other throughout the school day. Among the issues that will need to be addressed are:Adjusting school schedules to accommodate social distancing. Protocols could include staggering school start times, when students return to school, or alternating in-person instructional days with distance-learning days. For example, some school districts are considering having elementary students return to in-person school before middle and high school students, so that they can be spread out across the district’s school buildings so that social distancing requirements can be observed. Establishing rules, guidelines, and procedures for maintaining physical distance between students, staff members, and visitors. Reducing class sizes and ensuring physical distance in classrooms, along with all necessary changes to facilities and furnishings (e.g., moving students to different classrooms or buildings for temporary classrooms, removing desks or other furnishings) and schedules (e.g., split or staggered class schedules). Considering how best to modify larger classes such as music, art, and physical education to allow them to continue but with appropriate social distancing.Minimizing mixing between and among students and staff by, for instance, keeping particular groups of students together and in the same classroom or specific area of a school as much as possible for the duration of the school day.Regulating the flow of student and staff traffic within and among school buildings, including by using floor arrows and other signs to direct traffic and establish different points of entry and exit. Consider having different groups of students arrive and leave school from different doors in order to avoid large crowds of students and to help students and staff maintain physical distance when students are entering and exiting school grounds and navigating school buildings.Restructuring where and when school meals are eaten to maintain social distancing by scheduling more lunches so that students can be spread out in the cafeteria, or by having students eat in their classrooms. Determine how food will be delivered to classrooms if the latter option is chosen, what food will be delivered, and how the consequences for staff working conditions will be addressed. Prevent food sharing and eliminate the taking of trays, plates, cups, utensils, condiments and napkins from communal stacks or bins. Restricting access to school buildings and grounds to staff, students, and essential visitors, such as delivery, medical, and public safety personnel (as to parents and guardians, see the next bullet point below).Limiting visits from parents, guardians, and other visitors to strictly necessary cases. Use remote conferencing tools whenever possible and encourage increased parental participation in schools by allowing remote participation, not just for parent-teacher conferences, but in specific class activities. If in-person meetings are necessary, conduct visits in designated locations and ensure that strict cleaning and disinfecting takes place after each use. Deploying staff to monitor and regulate the flow of traffic in hallways and other common areas at key times, such as when classes let out (see below).Establishing protocols to prevent or minimize the sharing of personal items and to separately store students’ coats and personal items.Ensuring safe school transportation. Social distancing will require decreasing the number of students on school buses, while also likely requiring staggered instructional hours for students. These changes will in turn raise issues as to work schedules for drivers and whether the district has enough drivers and vehicles to run the increased number of trips that will be necessary. Address whether bus drivers will be responsible for screening students, preventing sick students from boarding, or enforcing appropriate seating on buses. Determine who will clean buses between routes and with what supplies and training. Consider how student drop-off areas should be reconfigured to ensure appropriate social distancing. Determining which events, athletic and other extra-curricular offerings, and off-campus activities must be cancelled to ensure appropriate social distancing.Considering access to library and other research resources and how to ensure that students can use them, particularly if students need assisted-learning devices or other accommodations. Online requests and touchless delivery and return of some library materials may be possible, but materials needing on-site access would need additional safeguards before being made available to students. Determining how dormitories, cafeterias, and other food-service facilities at colleges and universities will have to be reconfigured.Pre-opening preparation of facilities and staffGoals: Identify pre-opening-preparations that must be taken to prepare facilities, equipment and staff.Considerations: The challenges posed by the COVID-19 pandemic to school operations will require extensive preparation of school facilities prior to opening and will affect virtually every task performed by educators and education support staff. Among the more important facilities-preparation measures that will have to be addressed are:Deep cleaning and disinfecting of facilities and equipment, including school buses and other school vehicles, by school personnel or contracted entities that provide transportation services.Adequate ventilation in school buildings.Posting of signs and marking of floors to help ensure that physical distance is maintained. Reducing and re-arranging furniture in classrooms, dining areas, break rooms, teacher lounges, kitchens, etc. to facilitate social distancing.Determining if physical barriers like sneeze guards, semi-permanent partitions and plastic flexible screens will be needed in classrooms, bathrooms, cafeterias, and other spaces.Regulating the entry, exit, and flow of students and staff consistent with social distance requirements. Establishing handwashing and hand-sanitizer stations and protocols for their use by students and staff, and ensuring that sufficient quantities of soap and hand sanitizer are available.Establishing requirements for PPE use and ensuring that sufficient quantities of PPE be available for students and staff. Consider whether staff can be provided masks that will identify them in some way and allow students to recognize them.Determining how the health needs of students at school will be met particularly for schools that do not have a dedicated school nurse. Establish health protocols for visits to the school nurse and a protocol and location for isolating students or staff who shows symptoms associated with COVID-19 and cannot immediately leave the school (on this point also see No. 8 below). Educating staff on the new requirements and how to enforce them appropriately, in compliance with social distancing requirements, and without discrimination against anyone. Establishing safe procedures for returning to students items left in classrooms, lockers, or school buildings.Surveying parents/caregivers to gauge what percentage are committed to sending children back to school when they reopen. Screening, testing, and monitoring students, employees, and visitorsGoals: Ensure that screening, testing, and monitoring designed to protect against transmission of the novel coronavirus comply with medical best practices and guidance from public health expert; are clear, consistently applied, and clearly communicated to minimize confusion, disruption, and discord; and are implemented without discrimination and in a manner that protects individual privacy. Considerations: Establish guidelines for who will be subject to screening, testing, and/or monitoring, how the confidentiality of such screening will be maintained, and how any necessary isolation of individuals who test positive will be ensured. Inform parents before school reopens how screening will be done and that students with certain symptoms or exposures to possible or confirmed cases of COVID-19 should stay home. Inform staff and all school contract workers that they too should stay home if they have certain symptoms or exposures. Make sure that the information is clearly communicated in languages that students, parents/guardians, and staff can understand. Make sure that all guidelines emphasize that screening, testing, and monitoring must be administered in a manner that does not discriminate on the basis of actual or perceived race, ethnicity, or national origin. Make sure that procedures include reasonable accommodations for any students or staff who have disabilities. Make sure all necessary procedures are adopted and steps taken to assure confidentiality of personal health information. Make sure that sufficient, trained, and appropriately equipped staff are consistently available to carry out the screening and to assist and isolate until they can safely return home any students or staff who test positive. The U.S. Equal Employment Opportunity Commission (EEOC) has published a document on pandemic preparedness consistent with the Americans with Disabilities Act (ADA) and guidance specific to COVID-19.Hygiene and personal protective equipment for staff and studentsGoals: Ensure that materials and equipment necessary for appropriate hygiene are broadly available and safely stored, and that both staff and students understand how to use them and do use them. Considerations: To ensure that students and staff wash hands frequently to prevent the spread of the novel coronavirus, schools need to have handwashing locations and supplies in place, and staff and students need to know how to use them. Ensure that clear guidelines are provided, in languages that can be easily understood, regarding when and how such locations and supplies are to be used.Staff also will need to model appropriate social distancing, hygiene, and protective practices, including but not limited to the wearing of masks. Communications plans will need to be developed and implemented to disseminate this information most effectively throughout the student body. Particularly with regard to wearing of masks, make sure that all guidelines, policies, and penalties for non-compliance are administered in a manner that does not discriminate on the basis of actual or perceived race, ethnicity, or national origin. Make sure that procedures include reasonable accommodations for any students or staff who have disabilities.Consider closing water fountains if they cannot be adequately cleaned between uses and establish plans for how students will get water during the day. Consider letting students “check out,” for long periods of time, basic supplies that they will need to complete their distance learning and to avoid students sharing equipment and supplies at school. Ongoing disinfection and sanitation measures. Goals: Ongoing cleaning and disinfecting are crucial components of ensuring that schools, colleges, and universities are able to remain safely open. In addition, cleaning and disinfecting will help reduce anxiety over COVID-19. Considerations: Establish requirements and protocols for cleaning and disinfecting buildings, desks, vehicles, and high-touch surfaces such as door handles and grab bars. Some cleaning can be done after hours, but significant amounts of cleaning will need to occur throughout the school day of bathrooms and other high-touch surfaces. Make sure there are sufficient trained staff to do the necessary cleaning and that they have both appropriate cleaning materials and sufficient personal protective equipment to do their jobs safely. Make sure that under-resourced schools have the supplies, staff and resources needed for safe cleaning and disinfecting.Create an inventory system for tracking the supply of and for ordering essential products, such as soap and sanitizer, cleaning and disinfectant solutions, paper towels, tissues, gloves, disinfectant wipes, face coverings, no-touch/foot-pedal trash cans, etc. Determine if you can put in place a back-up system for ordering essential products if your main suppliers are unable to fill orders.Inspect ventilation systems to ensure they are operating properly and water systems and features (sink faucets and drinking fountains) to be certain they are safe to use after a prolonged facility shutdown. At-risk individualsGoal: Adopt special protections and accommodations for at-risk individuals and those living with or caring for at-risk individuals.Considerations: The risk of severe COVID-19 infection increases for those with underlying health conditions (such as asthma, diabetes, heart conditions, and those with compromised immune systems) as well as with age, with those who are over age 65 facing significantly higher risks. Protections and accommodations could include:Remote work or after-hours work for at-risk staff members and those who live with individuals at higher risk.Extended sick-leave benefits and disability accommodations for at-risk staff who cannot work remotely. Extended family leave benefits for staff who live with at-risk individuals.Distance-learning opportunities for at-risk students, as long as they can be provided equitably, bridging any digital-divide problems if necessary.Remote conferencing opportunities for parents or guardians.Procedures for suspected or confirmed cases of COVID-19Goals: Adopt policies for responding in the event that a student or staff member becomes ill with COVID-19 symptoms or has a positive COVID-19 diagnostic test.Considerations: If a staff member or student falls ill with COVID-19 symptoms or has tested positive for the COVID-19 virus, a procedure should be in place for isolating the student or staff member, ensuring their safe transportation home or to a hospital, and temporarily closing and disinfecting the areas of the school where the individual was present (or if that is not possible, the entire school), reporting the possible case to local health authorities, and informing all those who had contact with the student or staff member of their possible exposure. Such procedures must ensure the confidentiality of individual health information, address what type of medical clearance to return to school will be necessary, and put in place a plan for communicating with the school community and staff . It is also recommended that the district encourage self-reporting by not subjecting any employee to disciplinary action of any sort for providing such notice, failing to provide such notice, or failing to provide timely notice. Mental health support for students and staffGoals: Adopt robust mental health support services for students and employees. Train staff in trauma-informed practices, monitor and support students upon their return to school for signs of food and housing insecurity, domestic violence or abuse at home, grief and trauma due to the devastation of the pandemic. Assure that Employee Assistance Programs (EAPs) are robust and easy to access, including benefits related to mental health and substance-use disorders. Promote behavioral telehealth in employer-sponsored health programs.Considerations: The pandemic is a trying time for all students, staff members, and their families, and has been devastating for some who have had to cope with the illness or loss of loved ones and/or the loss of a parent’s job. At the same time, the pandemic has disproportionately impacted low-income communities and communities of color, such that students from these communities are most likely to have lost a family member due to the pandemic, most likely to experience food and housing insecurity and other economic harms arising from a parent’s or guardian’s job loss, and the least likely to have had access to distance learning offered this spring. In addition, students who are, or are perceived to be, from Asian backgrounds are at significant risk of bullying and harassment by reason or their actual or perceived race, ethnicity, or national origin. Reopening plans should address how best to support these student populations so as to allow them to move forward with their education. 9.Contingency PlanGiven how infectious COVID-19 is, and that any effective vaccines or treatments are likely to be unavailable before schools would reopen in the fall, every school that reopens for in-person learning must have in place a contingency plan detailing under what circumstances it will close, in whole or in part, due to an increase in COVID-19 infections that make its operations no longer safe. The contingency plan should address both when such closures will occur and how learning will continue through distance learning in the event of such closures.Your decisions about how best to address the factors above will influence your contingency plan. For example, if you determine to segment the student body into cohorts and limit each cohort to a particular area within the school building, supported by a particular group of educators, your contingency plan may limit closures just to the affected cohort in the event a student or staff member fall ill with COVID-19. munications PlanIn light of the entirely natural fears and anxieties that the current public health and economic crises are causing students, their families and guardians, school employees, and our broader communities—and the disruptions and changes that have been and will continue to be necessary to contain the spread of the novel coronavirus—Associations need to have a clear and comprehensive communications plans for informing members, parents, and the community. Consider pre-opening virtual orientations for students and their families, particularly for students and their families who will be attending a new school in the upcoming year, so as to acquaint students and their families with how school will operate. For members, consider using the engagement processes in Section I of this document to ensure that members are heard and listened to in the development of the reopening plan.For parents, guardians, and the wider school community, a comprehensive communications plan (and, to the extent possible, a communications team) is necessary to ensure that they understand the process and considerations that underlie the reopening plan, why the steps in the plan are needed, and how the steps will protect students in schools. Communications regarding the necessary new school policies and procedures must be timely, clear, and factual while also being framed empathetically, with an understanding of those fears and anxieties and their effect on how communications will be received. Associations should make every effort to ensure that communications are available in languages that students, parents, guardians, and staff can understand, and to assess the number, frequency, and prioritization of communications to avoid overwhelming and confusing recipients.Additional Resources:The CDC issued updated guidance for reopening businesses and public services on May 19; the updated guidance includes detailed reopening guidance for schools at pages 45-48 of the document. The World Health Organization also issued guidance for safe operations of schools and other educational facilities. The American Academy of Pediatrics has published considerations for planning a return to in-person education that gives particular attention to school-based nutrition, students with disabilities, students with particular vulnerabilities to COVID-19, and mental health support. This link leads to detailed reporting on how Denmark, the first European country to reopen its schools and childcare centers, has implemented social distancing and other measures in schools. For a country-by-country comparison of school-reopening approaches, see the Learning First Institute report linked here. III.Ensuring the Continuity of Education and School-Based ServicesThe COVID-19 pandemic poses daunting challenges for ensuring the continuity of education and school-based services. Prolonged school closures, when combined with the social distancing and other necessary measures that schools must take to reopen safely during the pandemic, inevitably have resulted in lost instructional time and teaching and learning under less-than-optimal circumstances. These challenges are particularly acute for the most vulnerable students.The need for social distancing, combined with limits on facilities and staff, in many school districts will likely require some blend of in-person learning that is staggered with distance learning. Reopening plans will need to address how best to recover ground lost during this spring’s school closures, how and in what manner distance learning will play a role in reopening plans, and, if so, how the school will bridge the digital divide to support all students. Among the issues that need to be considered are all of the following:Access to technology: Many students lack the technological resources (e.g., computers and broadband access) that distance-learning strategies often rely on. Where reopening and contingency plans rely on distance learning, school officials, Associations, members, and our communities must explore options to provide access where possible and to consider pen and paper as well as less technology-intensive options for distance learning.Accessibility for students with disabilities: Pay particular attention to providing instruction to students with disabilities consistent with their educational needs and with the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), and the Rehabilitation Act. Instruction and instructional materials will likely need to be provided in alternative formats in many cases. Parents, students and the educational system should collaborate on the best steps to remediate students’ needs due to this spring’s closures, and collaborate going forward on alternative approaches needed to comply with IEP requirements that will be implemented through distance learning in the new school year. Above all, work to ensure that where the school is providing educational opportunities to the general student population during the pandemic, students with disabilities have equal access to the same opportunities, including the provision of free and appropriate public education (FAPE). The Department of Education has published guidance on providing educational services to students with disabilities during a pandemic.Ensuring a balanced curriculum: Although limits on instructional time make it challenging to provide instruction outside of core subjects, continuity plans should strive for a balanced curriculum that includes arts and other enrichment instruction, physical education, and other non-core learning areas.Plan for addressing trauma experienced by students and staff members: As the American Academy of Pediatrics has recognized, efforts to ensure continuity of instruction must be “balanced by a recognition of the likely continued distress of educators and students that will persist when schools reopen” such that realistic academic expectations must be established, or else “school will likely become a source of further distress for students (and educators) at a time when they need additional support.”Provide policy and technical support for educators engaged in digital?learning: Online?tools can provide critical capacity and?efficiencies in the current environment, but not all platforms are appropriate for use in schools. Districts have a responsibility to?review technology vendors, ensure compliance with the Families Educational Rights and Privacy Act (FERPA) and other privacy laws, and they must safeguard student privacy.?School districts should adopt distance-learning policies that identify approved online approved?online learning applications, set forth any expectations the district has about how educators will adapt to teaching online?(including how they should take attendance and any steps they should take to protect student privacy), and obtain any required consents from parents.?If educators are to select their own online-learning applications the district should provide guidance?on how to select?and use?appropriate platforms, and allow educators to receive?support from district information technology professionals to ensure that new products meet basic privacy, security and quality standards. For additional information see NEA’s Model MOU on Distance Learning Due to COVID-19. Provide clear expectations for?educators on how to engage remotely with students and parents:?School districts should specify?how educators should contact?students and parents?in a remote environment,?and should set clear policies about the use of social media accounts for work purposes. If certain platforms are off limits, the district should?provide educators with workable alternatives.?To safeguard educator privacy, districts should provide separate devices for remote learning purposes and should not require educators to use personal devices. If it is necessary to use personal devices?to call students and parents,?districts should provide?access to virtual calling technologies?that maintain the privacy of educators’ personal contact information, reasonable?technical support?for personal devices,?and?guidance on how educators are expected to handle education records?stored on personal devices.?For additional information: U.S. Department of Education’s Office of Safe and Supportive Schools Readiness and Emergency Management for Schools Technical Assistance Center, “Supporting Continuity of Teaching and Learning During an Emergency.”IV.Addressing Wages, Hours, and Other Terms and Conditions of EmploymentThe COVID-19 pandemic has had and will continue to have a dramatic impact on members’ wages, hours, and other terms and conditions of employment. Whether or not Associations bargain collectively, they must exercise their members’ collective voice and insert themselves at the front end of any and all decision-making that will impact educators and the students they serve. Where bargaining does take place, it must remain the bedrock of decision-making. Some parts of contracts will undoubtedly need to be adjusted, and memoranda of understanding (MOUs) will be crucial. Where bargaining does not take place, or where only certain issues are bargained, Associations and members will need to establish or rely on other means of labor-management engagement to achieve the same goals.Keep in mind that how you respond will likely vary depending on employee group, whether changes are being made in a primary school, secondary school, or higher education context, as well as factors such as the ages of students, the combination of grades in a particular location, whether schools are in urban, suburban, or rural areas.WagesGoals: Maintain or improve members’ pay and benefits and make sure that additional work and time are appropriately compensated.Considerations: In a collective bargaining context, wages typically refer to all aspects of employee compensation, including regular salary, supplemental pay, health insurance, pensions, paid leave, and other benefits. Draconian outcomes should be avoided when making decisions about compensation and every effort should be made to ensure that:Current salary levels are maintained or improved.Additional compensation is provided when changes lead to extended work hours, reassignments, additional time for training, the performance of hazardous duties, or other adjustments in schedules.A clear understanding is reached on changes to the performance and compensation for supplemental responsibilities and extra-curricular duties.Health plans are adjusted to include all regulatory relief and extensions that have been provided to private-sector group health plans or that can be provided optionally.Health and other insurance benefits are maintained and strengthened to protect against unexpected out-of-pocket costs related to COVID-19.Consider additional support for Employee Assistance Programs (EAPs), telehealth (particularly mental health or substance-use disorder programs), and wellness programs that can be utilized at no cost.Pension service accruals, retirement benefits, and employer contributions continue during any distance-learning period.Employees do not forfeit any of the rights and privileges of the retirement plan?during any distance-learning period.Changes or additions to leave and leave banks will facilitate ongoing school operations and effective transitions in case of future school closures. Assure that federal COVID-19-related paid leave programs and state leave programs are in place and that staff can take the new paid family leave (available until the end of 2020) on an intermittent basis.Provide additional leave protections and caregiver programs for the care of children or parents of staff.Assure that employees can access benefit information electronically.HoursGoal: Ensure that responses to COVID-19 factor in required changes to schedules and operations.Considerations: The reopening of schools will not immediately result in the restoration of normal school calendars and work schedules. Changes to schedules will need to be designed so as to protect the health and safety of students, employees, and their families, including things such as:Staggered schedules and the start and end of the school day for students and staff.Extended school year.Higher education institutions adopting a trimester instead of semester system.Blending online learning with face-to-face instruction to allow for having fewer students in classrooms.Adequate time for teachers to plan and take care of personal needs if cafeterias are closed and students eat in classrooms.Staggered bus schedules to accommodate a reduction in the number of students who can ride on buses.The number of trips bus drivers make.The frequency and staffing of cleaning and sanitizing work in schools and on busses.Necessary staffing to achieve stated health and safety goals.Reviewing all adjustments in scheduling from the perspective of the impact on both exempt and non-exempt employees.Other terms and conditions of employmentGoal: Collective bargaining and other labor-management engagement must address the need for continued protections for the health and safety of members and students as well as the economic security of staff.Considerations: The physical health and well-being of students, families, and employees should be the first priority in any plan to reopen schools and other work sites. Also factor in the impact on others, including substitute teachers and, at the higher-education level, contingent faculty and graduate assistants (e.g., teaching assistants, research assistants, graders).Include protections for at-risk individuals, accommodating those with elevated health risks on an ongoing or as-needed basis to work or study from home, avoiding mass transit, remote conferencing, etc.Consider and provide appropriate accommodations for those living with people at risk.Execute and fully implement employment contracts for the upcoming school year.Anticipate a second wave of illness and plan for remote operations and alternative assignments if schools are once again forced to physically close in whole or in part. Ensure that employees are not adversely impacted by staff evaluations, tenure decisions, probation, and other employment-status issues disrupted by COVID-19.Provide whistleblower protections to guarantee that education employees and contractors working in educational institutions are protected against retaliation for reporting or raising concerns about workplace safety with respect to COVID-19, whether they discuss those concerns with fellow employees, the employer, government agencies, the public, or the news media.Ensure appropriate privacy in health-related actions, specifically as they relate to COVID-19 testing, including the context of testing and test results.Clarify responsibilities to ensure that employees are not held responsible for the actions of students or parents beyond their control, such as those who refuse to follow instructions to wash hands or wear a mask. Protect employees who refuse to work under conditions they reasonably believe pose a danger to their health and/or safety, making sure they have an enforceable right to refuse to work under abnormally dangerous conditions, with pay and without discrimination or retaliation, until such conditions are resolved.Protect the jobs of education support professionals from privatization efforts.Monitor the caseloads of nurses, social workers, counselors, occupational, speech, and physical therapists, and other specialized instructional support personnel (SISP) to ensure that the caseloads are appropriate. Advocate for more staffing due to student needs. Bargaining for the common goodGoal: Include in bargaining such common-good elements as racial and social justice, strengthening internal organizing, and engaging the community.Considerations: The COVID-19 crisis has exacerbated and exposed longstanding issues of concern to educators and the communities in which they live or work, including institutional racism, economic inequities, and the immigration status of students and their family members. As noted above in Section II, Bargaining for the Common Good (BCG) is an effective approach to countering these problems, building broader community partnerships, strengthening the Association, and meeting members’ needs. For example:Ensure equitable access to the technology students need for distance learning.Involve parents and community members in planning and decision- making related to reopening schools and decisions about how to keep them open safely and, if necessary, close them again. Gather and use input from students and families regarding their experiences during initial school closures, intentionally seeking detail related to how racial and economic disparities affected education.Work with the food-service staff and parents to determine the best and safest way of implementing on-going nutrition and food-distribution to students.Consider requesting funding from businesses operating in communities where students live and study, particularly those businesses that benefit from tax breaks.Seek additional school nurses, social workers, counselors, occupational, speech, and physical therapists, and other specialized instructional support personnel (SISP) to support increased student need.Given the strict regulations that students will face in this environment, institute or prioritize restorative justice techniques rather than punitive disciplinary methods.Bargain health-related topics, including training for staff on cultural competence and racial sensitivity, student mental health, signs of abuse or neglect, and drug awareness; the cost-free provision of menstrual products for students; and in-school medical and dental programs for students.Seek to eliminate or limit foreclosures, eviction proceedings, and actions against homes with school-aged children.Process considerations: Remote organizing and representational work?Goal:?Ensure that Associations can organize new members and are able to address issues related to wages, hours, and other terms and conditions of employment remotely, if necessary.?Considerations:?When school buildings are closed, organizing and engaging members as well as bargaining and other forms of engagement with management will have to be conducted remotely. However, even if school buildings are open for educational purposes, remote engagements may be preferable in many situations. To ensure that we can meet our goals throughout this time of crisis, it makes sense to put in place processes for remote operations right now. Specifically: Receive lists of new hires and represented workers electronically;Get cell phone, personal e-mail, and home address data to ensure socially distant or virtual access to all members;Secure agreements to honor and process electronic signatures and membership records, given the need to sign up members online and telephonically;Gain access to “virtual” New Educator Orientations (NEOs);Secure rights to meet with new hires at social distance, or virtually;Ensure that membership materials can be distributed through virtual NEOs or through employer mailings (email or snail mail);Deem association representatives to be “essential” with rights to access school buildings – and to use school email and other electronic platforms as necessary.When preparing to work on bargaining and engaging with employers remotely, be sure to factor in the potential for team members to have varying levels of connectivity for, and facility with, electronic communications platforms; the privacy and security concerns that accompany online communications; the complications of online communications when it comes to sidebar meetings and the back-and-forth engagement that often accompanies discussions of these issues; and complications in ratifying agreements. Keep in mind, too, that the Federal Mediation and Conciliation Service (FMCS) offers and hosts a free, online platform for contract mediation, facilitated bargaining and meet and confer, and other labor-management meetings. The American Arbitration Association (AAA) and FMCS also offer virtual arbitration.?For more detail, see Virtual Bargaining and Meet and Confer: Mechanics and Considerations For additional resources on bargaining issues, see the following: Frequently Asked Questions on COVID-19 and Bargaining, Model MOU on Distance Learning Due to COVID-19 School Closures, and Virtual Bargaining and Meet and Confer: Mechanics and Considerations. For additional resources on organizing remotely, please reach out to the NEA Center for Organizing at?Glueteam@ or?newedresources.V. Appendix Resources on the disparate impact of COVID-19 on Native People and People of ColorPew Research Center, “Financial and health impacts of COVID-19 vary widely by race and ethnicity.”Kristen M. J. Azar, “Disparities In Outcomes Among COVID-19 Patients In A Large Health Care System In California,” Health Affairs (May 21, 2020).Marc Zarefsky, “Why African American communities are being hit hard by COVID-19,” Population Care (American Medical Association May 13, 2020),.The Atlantic Magazine COVID Tracking Project, COVID Racial Data Tracker Resources on inequality in the school settingBenjamin Herold, “The Disparities in Remote Learning Under Coronavirus (in Charts),” Education Week (April 10, 2020).Sarah LaFave, “How School Closures for COVID-19 Amplify Inequality,” The Hub (Johns Hopkins University May 4, 2020).Emma García, et al., “Access to online learning amid coronavirus is far from universal, and children who are poor suffer from a digital divide,” Economic Policy Institute (April 17, 2020).NAACP, Coronavirus Impacts on Students and School Systems.NAACP, Coronavirus Equity Considerations, (April 30, 2020).Federal antidiscrimination law guidanceEEOC, “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act.”U.S. Department of Education Office of Civil Rights, “Questions and Answers for Postsecondary Institutions Regarding the COVID-19 National Emergency” (May 2020).Letter to Education Leaders from Kenneth L. Marcus, Assistant Secretary for Civil Rights, U.S. Department of Education regarding discrimination and bullying against students who are perceived to be Asian (March 4, 2020).NEA legal and bargaining resources Guidance on COVID-19 legal issues, including bargaining, LMRDA, OSHA, ADA, FMLA, workers' compensation, unemployment insurance, and race and national-origin discrimination issues? 3/19/2020Guidance on the Families First Coronavirus Response Act (FFCRA) provisions related to paid sick and expanded FMLA leave rights? 3/24/2020Update on FFCRA: Informal DOL guidance on paid leave benefits? 3/31/2020Guidance on Protections for Refusing to Work in Unsafe Conditions 3/24/2020Guidance on Protecting Students from Discrimination and Harassment based on Race, National Origin and Religion (2018)Guidance on Privacy Considerations in Distance Learning 4/12/2020The First Amendment and public school employees FIRST AMENDEMENT PROTECTIONS FOR PUBLIC SCHOOL EDUCATORSOverviewAs an educator, you have a powerful and important voice in our community, and you can use that voice to advocate for the funding that schools need to safely reopen and to remedy the inequities throughout our schools including the digital divide. Your speech is protected by the First Amendment when you speak as a citizen (not as a school employee) about public matters of importance (not solely private matters concerning your personal life or your individual work). 3 Rules to Remember Your First Amendment rights are strongest when you are speaking as a citizen on matters of public concern. Your rights are weakest when you are speaking as an employee or when you are speaking about personal matters. Focus your public-facing speech on broader policies and interests (like adequate funding, workplace safety, and classroom size) and away from personal issues (like your personal life or matters that are particular to your students or immediate co-workers.) Tone and language matter. Schools can prohibit or discipline speech that disrupts the school community. Offensive or disrespectful speech about your colleagues, students or administrators is much more likely to disrupt the community. Maintaining boundaries between your work and personal communications can help ensure that your speech is protected by the First Amendment. Whenever possible, avoid using school-provided devices and accounts for personal use and personal devices and accounts for school use. Avoid connecting with students on your personal phone or social media accounts, and if you must, seek guidance from your school administration and local before doing so. 3 Things You Can Do Visit?COVIDaction?to?take our “We Rise Together” pledge?to support students, schools, and educators.Join to engage in the 2020 election. Join NEA’s EdJustice league for numerous opportunities to advocate for our members, our students, and our communities: TIPS FOR EDUCATOR ACTIVISTSYour advocacy is entitled to the most First Amendment protection against adverse action by your employer when you engage in off-the-clock political and community action to advocate for better schools. Educators can and should write and call their members of Congress, campaign for political candidates, speak out for local policies that promote educational equity and the safety and well-being of educators and students, sign petitions, write letters to the editor, post statements of support on social media, and call and lobby their state, federal, and local legislators and school boards. When educators act as citizens speaking about matters of public concern such as school safety and the well-being of students, they are protected by the First Amendment so long as their activities do not disrupt the workplace. When you are speaking out, here are some best practices to consider:Be clear that you are not speaking for the school.You can certainly mention or emphasize that you’re an educator when you advocate for a cause or candidate. Your work as an educator informs your advocacy and sharing general information about your background might make you more persuasive to others. But make clear that you are speaking as a private individual, not as a school spokesperson. If you are engaging online and there is a section where you give your biography, add a disclaimer that your thoughts and opinions are your own and that the school district has not endorsed or approved them. Avoid complaining about your co-workers or students. Your personal issues with students or staff at the school are less likely to be protected by the First Amendment. Venting about members of the school community can disrupt that community and provide schools with more leeway to discipline educators for the speech. Be careful connecting with students and their families on social media.Many school districts have policies prohibiting staff from communicating with their students online in order to maintain professional relationships between students and employees. But this crisis is demanding new ways to engage with students, so seek guidance from your school district and local union if you are communicating directly with students online.Do not enlist your students for a particular cause or campaign.Avoid recruiting your students to take a side on any political issues or engage in any form of activism. Age- and curriculum-appropriate discussion of political issues can be acceptable. Whenever possible, use school accounts and devices for school-related work. Try to use your school email account to contact students for school work, rather than a personal email account. If your school has its own online portal, class websites, blogs, and videoconferencing systems (like Zoom or Teams), use those rather than public or personal platforms. If your school does not have its own platforms and you need to engage with your students on a form of public social media, make a separate account for your school-related posts, rather than using your personal account. If you have to use personal devices for school work, keep everything as separate as possible and seek guidance from your school administration before doing so. Do not use school-provided devices and products for your activism.Do not use school resources for your advocacy. Avoid using a school-provided phone, computer, or platform to participate in virtual phone banks or to post on your personal social media or personal email. If your school has licensed specific photo editing or design software for you, do not use it to make campaign flyers or for personal use. Be aware of your online presence. Remove or delete inflammatory or offensive posts and pictures. Consider adding a disclaimer to your bio on any social media, explaining that you do not speak for your school and that your thoughts and opinions are your own. Leave any online groups that are engaging in questionable activities or whose members post offensive pictures. Consider your privacy settings carefully. The more you restrict your privacy settings, the less likely students and their families are to find you. Stricter privacy settings though could make it harder to connect with other educator activists and limit your audience. Additional Resources For more information on your rights as an advocate, see the NEA EdJustice’s article, “7 Questions Educators Are Asking about Their Rights to Speak Out, Protest, and Engage in Activism.Distance Learning MOUNEA CBMAModel Memorandum of UnderstandingDistance Learning Due to COVID-19 School ClosuresThe ____________ School District (“District”) and _________________ Association (“Association”) enter into this Memorandum of Understanding (“MOU”) regarding distance learning related to the COVID-19 pandemic.The Parties recognize the need to close schools (“emergency school closure”) and move to a distance learning model to allow for safe distancing, as ordered by public health officials to prevent the spread of illness arising from COVID-19 during the 2019-2020 school year.The District and Association agree as follows:“Distance Learning” Defined? “Distance learning” is defined as educational support in which the student and instructor are inseparate locations other than school, including online instruction, assignments, take home packets, phone calls, emails, text reminder applications, and other means of communication. [Note – It may be appropriate to cite relevant state or local regulations here.]Preparation Time to Implement Distance Learning? Employees shall be provided [number of days, but at least one] to prepare lessons andresources to transition to distance learning.Equipment, Training, and Technical Support for Employees? The District shall provide all necessary equipment (including assistive devices for employees with disabilities) and internet connections to deliver or support distance learning, when such resources are requested by the employee. If the District cannot provide the necessary equipment, the employee will be reimbursed for pre-approved purchases.? Employees shall not be liable for damage to District equipment.? If an employee is required or chooses to provide printed materials to students, the District shall be responsible for printing and distributing such materials to students. If employees produce their own copies, the District will reimburse the employee for any incurred costs.? Employees who use their own vehicle for distributing distance learning materials will be reimbursed for gasoline and mileage based on existing District policies/current IRS reimbursement rates.? Employees shall not be held accountable when the physical distribution of materials is prohibited or otherwise impractical, such as when a student has moved too far from the district.? Employees shall not be disciplined or held responsible for any failure by the District to provide or reimburse employees for a computer and secure internet connection, or if technologies are disrupted or otherwise insufficient to facilitate distance learning.? The District shall provide employees with general technical support for their distance learning needs, including but not limited to access to technical services personnel, helplines, virtual instruction on distance learning platforms, and instructional materials.? The District shall provide employees and students with all necessary technical support for district-provided distance learning resources. ? Employees providing distance learning or support to students shall receive a monthly stipend of $ [amount/month], beginning [date] and continuing through the remainder of the District’s school closure. The stipend can cover costs incurred with working from home, increased personal data usage, home internet, equipment purchases, or transportation costs. In the event schools reopen prior to the completion of a full month period, the stipend shall be prorated accordingly.? Employees shall receive training on the use and support of technology and the delivery of instruction via distance learning. Training will take place virtually prior to the implementation or modification of distance learning, under the following conditions: [insert specifics here].? Employees who participate in training related to distance learning outside regular work hours, shall be paid $_____. Information regarding training opportunities shall be communicated to all members via munication, Collaboration, Privacy, and Security? Employees shall check their District email daily/ [optional – identify # of times] during regular work hours during the regular work week.? On a weekly basis, employees shall inform parents and students of their projected availability to provide extra support or respond to parental communication. It is understood that employees may have to modify their scheduled availability due to their own circumstances and they will not be subject to discipline for any changes.? Employees shall not be required to provide personal cell phone numbers or email addresses incommunications with parents or students. If employees must communicate with parents or students via telephone and do not want to use their personal cell phones or devices, the District will either provide a cell phone or virtual teleconference option that maintains the privacy of employees’ personal contact information.? Virtual staff meetings, if needed, shall be held in accordance with the current negotiated agreement. The District will provide sufficient notice to employees. Employees who are not available during the scheduled staff meetings are responsible for watching a recorded version (if made available) and will not be disciplined for missing the meeting.? Employees may collaborate virtually as they deem necessary and appropriate while they are engaged in preparing for or providing distance learning. The time and manner of collaboration will be determined by the employees. [Note: Some states have enacted legislation or regulations mandating minimum preparation time or planning time. You may need to reference these regulations here or seek legal guidance if these requirements have not been waived during the school closure period.]? Students will only be permitted to participate in live video/audio lessons after the District has secured parent or guardian permission for such activity and said parent or guardian has agreed to the District’s acceptable use policy.? The District will not require employees to record live video or audio lessons. Employees will not be recorded without their knowledge and authorization.? It is understood that District employees will be providing distance learning from their homeenvironment. In some cases, an employee’s family member may inadvertently interrupt the lesson or distract students (for instance, background conversations). Employees shall not be disciplined for actions of employees’ household members that may be witnessed or heard by students. Curriculum Content and Scheduling? The District will provide employees with approved learning platforms to provide the distance learning. The District will assist employees in selecting alternative education technology platforms and products ifthey need or desire to use them so that the District can verify that they meet applicable security and privacy standards.? Any lesson plans provided by the District shall be considered a recommendation. Educators may customize the content to meet the needs of the students in their class(es) and in response totechnological challenges.? The District acknowledges that all employees could face scheduling challenges due to personal reasons and will accommodate employees’ personal schedules. Educators will be allowed to maintain a flexible daily schedule throughout the emergency school closure.? Due to the COVID-19 disrupting normal family life and recognizing that students’ family circumstances differ, the following are maximum time limits students should be expected to engage with distance learning lessons each week. These maximum times include screen time, homework, reading, and other activities per grade level: [insert specifics here].? Teachers shall not be evaluated on lesson plans or instruction developed in response to this period of distance learning. Employees shall not be disciplined for students’ lack of access or lack of “attendance.”Equity and Student Considerations? The District shall take clear steps to ensure that students and families are not subjected to bullying or harassment based on their race, ethnicity, or perceived national origin.? The District must comply with existing school desegregation orders to guarantee all students have access to equal educational opportunities during COVID-19 distance learning or other scheduled modifications.? The District shall provide a computer and internet access to any student who needs them for distance learning. If the District cannot ensure that all students have such access, the District is responsible for developing alternative means of distance learning and safely providing the required materials to students at their home.? The District will provide necessary assistive technology to students or their families with disabilities.? The District shall provide training and/or technical assistance to parents and guardians who need it to effectively support their children or charges in distance learning. Training shall be provided in languages that students, parents, and guardians can understand and shall be modified as necessary for parents with disabilities.? The District shall ensure that meals to students and their families continue. The District shall provide necessary protective gear and safety equipment to employees who will be preparing and distributing meals. Distribution sites should be located throughout the district to ensure that they are easily accessible to students and families who cannot drive to the site. The District shall also deliver meals via school bus routes where appropriate.? The District shall ensure that all students experiencing homelessness receive full access to distance learning, including cell phones, a computer, internet access and hard copies of materials. The District shall waive parental/guardian approval requirements as appropriate. Special Education, Counselors, Psychologists, Speech-Language, Occupational and Physical Therapists? The parties agree to meet at the request of either party to address implementing guidance from the State Department of Education and/or Federal Department of Education in order to provide equitable and appropriate education for students with special needs. Special education teachers and paraeducators will work collaboratively with core content teachers to adapt lessons to meet the needs of students in a remote learning environment and ensure that lessons and activities are appropriate, as documented in the student’s IEP.o Students with moderate to severe disabilities will be provided continuity of learning through avariety of distance learning resources, as appropriate.o Related Service Providers (Adapted PE, etc.), will prepare appropriate distance learningactivities that can be performed at home.[NOTE: Is there a District provision for a different IEP for distance learning such as an Individualized Distance Learning Plan? It may be beneficial to draft one since this could help address the number of direct and indirect minutes instruction requirements and other related issues.]? The parties agree that the school-based multi-disciplinary IEP team, along with the parent or guardian, is in the best position to make decisions related to the social, emotional, and academic development of the student as well as the duration and intensity of delivery service(s) needed.? Virtual tools shall be used to hold any necessary IEP meetings and to meet and collaborate on astudent’s IEP.? School psychologists may provide appointments for students for social, emotional and/or behavioral needs as deemed necessary by the psychologists, as well as communicate with families to provide support. Any scheduled appointments may be conducted by telephone or virtual tools, so long as the privacy of employees, students, and/or families can be guaranteed.? Counselors may provide virtual or telephone appointments to students for social, emotional andacademic counseling, monitoring, and guidance. These appointments or conversations may beconducted via email, telephone, or other virtual tools, as appropriate, so long as the privacy ofemployees, students, and/or families can be guaranteed.? Speech and language pathologists, occupational therapists and physical therapists may provideindividual and/or group virtual lessons. These lessons may be conducted via email, by telephone, or other virtual tools, as pensation? Employees will be paid at their regular salaries. Employees who develop distance learning curricula, methods, or materials for District-wide or school-wide use will be paid for additional hours worked.? Employees covered by the FLSA will be paid for all overtime hours.? Employees who perform responsibilities in a higher job classification will receive higher pay.Approved Leaves of Absences? Employees will be permitted to elect to use medical, family, vacation, personal or any other type of leave to which they are otherwise entitled under the existing CBA or District policy guidance. ? Employees with previously approved leaves of absence or use of personal days during the period of school closure or distance learning period will not be required to conduct distance learning during those days. In addition, if an employee’s or employee’s family member becomes ill during the distance learning, all existing contractual protections, including those specifically developed in response to COVID-19, as well as Family and Medical federal or state mandated leaves, will apply.? Any extension of the school year will be subject to bargaining and will result in additional pay to all employees.Student Assessment? Students will not receive a lesser grade than their grade when the District schools closed.? The parties acknowledge that the transition to distance learning presents unique challenges to both staff and students and that students should not be penalized as they adapt. The parties will consider these challenges [as well as input from parents and students] in determining whether and how grades should be assigned during these periods.This Memorandum of Understanding was adapted from documents developed by the CaliforniaTeachers Association (CTA) and the New York State United Teachers (NYSUT). Health and Safety Committee Language COVID-19 is forcing schools and associations to deal with an unprecedented variety of complex health and safety issues that will affect staff and students. A joint labor-management health and safety committee can be one of the most useful means of effectively engaging with management, not only where education employees have the right to bargain, but also where they do not. Having association participation in any school re-opening plan is necessary to both protect employees and students and to ensure employee buy-in to the plan. As front-line employees and often parents themselves, educators have deep insight into how schools operate. Below is recommended language that you can use as the basis for creating a health and safety committee. Please modify the language to cite relevant local or state health and safety laws or regulations, contract provisions, employer policies, or expand to include community or parent involvement as appropriate. It is also recommended that you consult any guidance provided by state general counsels or your legal counsel with respect to state and local laws. Some of the more detailed language could serve as a blueprint for agendas, depending on the nature of your existing labor-management structures. Please contact NEA’s Collective Bargaining and Member Advocacy Department for additional contract language related to health and safety protections and joint labor-management committees (collectivebargaining@).BASELINE IMPLEMENTATION LANGUAGE: The Employer and the Association shall establish and maintain a Health and Safety Committee with equal numbers appointed by the Employer and Association. The Health and Safety Committee shall be responsible for monitoring the safe and healthful condition of the workplace and for reviewing and recommending appropriate health and safety procedures to the Employer to be implemented and maintained. The parties agree that federal and state occupational safety and health laws, other relevant laws and regulations [insert relevant state laws and regulations here] and any additional legal requirements that take effect during the life of this agreement will be adhered to. The Committee will meet in person or remotely on a regular basis [insert recommendations – such as monthly] at minimum, but will also be available to convene to address issues on an ad hoc basis should the need arise. The Employer shall cover all costs of the meeting, including providing the appropriate platform if meetings will be held remotely. The Employer and Association recommend that in addition to the Employer-wide health and safety committee, each school/campus/other work site shall create its own health and safety committee to monitor ongoing developments. Subject to the mutual agreement of both parties, the Committee composition shall be expanded by adding student, family, and community stakeholder representatives. ADDITIONAL LANGUAGE: The responsibilities of the Health and Safety Committee shall include, but not be limited to, the following:Monitoring and assisting in the operation of a Health and Safety Program, including any plans for addressing COVID-19 school re-opening or closures, and making recommendations to the Employer for improvement, including the expenditure of funds. Remedies must comply with existing state and federal guidance for safe and healthy school operations, and may include remote operations for employees or students. Some elements to consider may include: COVID-19 relatedDetermining how social distancing can be maintained, including the use of facilities and the arrangement or rearrangement of classroomsPreparing facilities and staff, including training, before re-opening schools/campuses Providing hygiene and personnel protective equipment for staff and studentsDisinfecting and sanitizing facilities on an ongoing basisCreating special protocols for students, staff, families, and guardians who are at higher risk from COVID-19Developing procedures for when a student or staff contracts COVID-19Providing mental health supports for students and staffCreating contingency plans if in-person instruction must ceaseDeveloping a communications plan to ensure the entire school community will be informed on a constant basis and understands the plan and requirementsCommittee responsibilities not necessarily limited to COVID-19Make recommendations to correct unsafe and/or unhealthful conditions, including the expenditure of funds to make those correctionsMonitor findings and reports of workplace inspections and confirm that appropriate corrective measures are implementedReview reports of unsafe and unhealthful conditions where the hazard has been disputedReview responses to reports concerned with allegations of hazardous conditions, alleged health and safety program deficiencies, and any allegations of retaliation for raising health and safety concerns The Employer shall provide to the Association and an affected employee(s), all available product information and safety data regarding any specific chemicals which the Employer provides to be used at a worksite.When environmental testing is to be performed by an outside consultant, the selection of the consultant will be made jointly by the Health and Safety Committee. The Employer shall be responsible for all costs related to the testing and consultant.No reprisals or discrimination shall be taken against any employee who makes disclosures of unsafe or unhealthy working environment.Employees shall have the right to decline work in unsafe working conditions.The Health and Safety Committee shall have access to any records and or information needed to perform its responsibilities, including all information related to the health and safety and medical information of staff and students (while maintaining appropriate confidentiality), accident and injury statistics, reports on workplace accidents, environmental test results, and any reports to and from state or other government agencies. Employees are not precluded from exercising any rights they may have under federal and state laws, or under any collective bargaining agreement or employer policy, to address alleged violations, and are encouraged to inform the school system and the association when exercising such rights. ................
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