ARTICLE XXI

 

ADULT AND CAREER EDUCATION

 

 

1.0     General: The District and UTLA have agreed to the provisions

of this Article in recognition of the special conditions involved in the Division of Adult Education is conducted by a combination of full-time employees trained in methods to meet the learning needs of the District’s youth and adult population in the areas of essential skills, lifelong learning, and vocational and occupational training.  While it is recognized that Division personnel may be concurrently employed in other divisions of the district (including K-12), it is the intention of the parties that the employment relationship described in this Article, and the rights which may accrue to the individual from other employment in the District.  If there is any conflict between the terms of this Article and the terms of other provisions of this Agreement as they apply to Division of Adult and Career Education employees, this Article shall prevail.

 

1.1_         Throughout this Article the term “employee(s)” or “unit

member(s)” covers those persons who are, by virtue of being assigned for 10 or more hour per week, included within the bargaining unit and eligible to utilize the grievance procedures of Article V.  The term “personnel” covers both employees (as defined above) and also non-unit members (those assigned for fewer than 10 hours per week).  The complaint procedure referenced in Article V, Section 23.0 is available to non-unit members for alleged violations by the District of Board Rules and/or administrative rules.

 

2.0       Employment Contracts: Adult Education funded employees

who are assigned more than eighteen hours per week in the same classification code are covered either by probationary or permanent contract status.

 

2.1       All personnel in categorically funded programs shall be

employed under binding individual (“M” basis) employment contracts which shall not conflict with the provisions of this Agreement.  Employees may utilize the grievance procedure with regard to alleged violations by the district of “M” Basis contracts shall specify the duration of employment , and shall terminate on or before June 30, of the year in which they are issued.  If the duration of employment is to be extended beyond June 30, a second contract shall be issued to cover the balance of the employment period.

 

2.                  The contract term for employees assigned to ROC/ROP

programs shall be for the equivalent of a one year “C” basis term.

 

3.                  The contract tem for employees assigned to Skills Center

 programs shall be for a term of one school year if funding is available.

 

                                                                       

c.         The contract term for a person hired to complete the term(s)

of employment of on other person shall be for the duration of the original term(s).

 

2.2       All “M” Basis contracts of employment shall be terminable at

any time prior to expiration, but only for lack of funds, elimination or reduction of the educational offering, insufficient enrollment or attendance, or other good cause.

 

3.0       Non-Contract Personnel-Release During Term of Assignment:

 

a.         All part-time (18 hours or less per week) Adult Education

funded personnel may be released during their tem of assignment only for the reasons stated in Section 2.2 above.

 

b.         Those with an assignment of 10 to 18 hours per week may

utilize the grievance procedure for claimed violations of Section 2.2. above; the sole remedy for non-unit members (those with an assignment of less than 10 hours per week) shall be an administrative review by the Division Superintendent or designee, up on written request submitted within 10 days of notification of their release.  Also, if it is contended by a non-unit member that the release violated Board Rules and/or administrative rules, the grievance procedure for non-unit members (see Article V, Section 23.0) may be utilized.

 

4.0       Staffing Procedures for Part-time and Other Untenured

Positions: for initial staffing purposes all part-time (18 hours or less per week) and other  untenured full-time positions or courses are to be filled as set forth below.

 

4.1       For any given academic term, the site administrator shall first

develop a plan covering the courses to be offered and determine which of the current personnel are to be utilized.  (See Section 4.7 and 4.8 below) These assignments need not be posted.

 

4.2       All remaining new or vacant part-time positions or courses

shall be posted at the applicable time-reporting site.  The posting shall identify the subject(s), number of hours per week, class schedule and time(s), certification required, any special skills and qualifications, and the deadline for applications.

 

4.3       The site administrator shall first consider those qualified

applicants currently assigned to the site who assigned schedule would not conflict with the additional work and who if selected, would remain in current status with the Division.  “Qualified,” as used in this subsection, means that the applicant: Has taught the same course or closely related (e.g. English 1,2,3,4) course in the same subject (either in Adult Education funded programs or “M” Basis categorically funded programs) during the most recent six semesters, possesses the requisite credential, possesses appropriate training and/or experience needed for the position, and possesses the needed instructional skills or qualifications as stated on the job postings.

 

4.4       Remaining unfilled positions shall be posted at the Division

Central Office and at the time reporting sites and major branches and a copy faxed to UTLA.  To apply for such positions a person must be either qualified as provided above or possess other appropriate training and/or experience needed for the position, possesses the requisite credential, and possess the instructional skills or qualifications as stated in the job posting.  Positions shall be posted as soon as they are known to be available.  The site Administrator shall select from among the applicants. 

 

4.5       The site administrator shall select from among the qualified

applicants at the site to fill each position before looking to other sources, provided that the site administrator shall not be so restricted when selecting for grant programs, partnership programs, community based programs, government/industry sponsored and/or other special contracts which involve other  special selection arrangements.  This special program/contract exemption shall be applicable only to bona fide programs, and shall not be used as an artifice to avoid the general requirements of this section.

 

4.6       During the initial staffing period prior to commencement of

instruction, the site administrator shall equitably distribute the enrolled students among the teachers who are assigned to the same course and level at the same time and location.

 

4.7       In the case of current personnel who are not to be renewed

due to elimination or reduction of educational offerings, lack of work or lack of funds (an “over-teachered” condition) during the initial staffing period prior to commencement of instruction, the  following procedures shall apply:

 

1.                  The site administrator shall first identify the affected course(s),

including closely related courses in the same subject (e.g. English 1,2,3, 4);

 

2.                  The longevity of all non-tenured personnel teaching the

course(s) and assigned to the time-reporting site shall be reviewed.

 

(1)               Longevity is measured by the number of consecutive

uninterrupted years of satisfactory service in the subject field in the Division.  Time spent on approved unpaid leaves of absence does not count at time served but does not constitute an interruption of the “consecutive” service requirement.

 

(2)               To qualify for a year of longevity service, the individual must have served at least 775 hours during that school year excluding summer school.  Prior to July 1, 2001 156 hours were required to qualify for a year of longevity.

 

(3)               Service in any Adult Education Division program shall apply.  However, until such time as the District has the computer capacity to track service on a District-wide basis, the District will look solely to the service at the current time reporting site, unless the individual requests consideration of prior service from another site.  Such a request must be made prior to May 1, to be effective for the next school year.

 

3.                  The person with the least longevity shall be released unless

the site administrator reasonably determines that the person has needed instructional skills or qualifications not possessed by an employee with greater longevity.

 

4.                  The above release procedures shall be in effect throughout the

initial staffing period and shall cease to be in effect when instruction commences. (See Section 7.0 for later releases resulting from falling attendance).

 

5.                   The above release procedures are not applicable to the

special contract arrangements referenced in Section 4.5 above.

 

4.8       Courses which are created or become available after the initial

staffing procedures are completed shall also be posted and filled as set for th above, but may also be filled immediately on an interim basis pending compliance with the posting procedures.

 

4.9       Personnel do not have an implied right to employment beyond

their assigned term. However, if they are not to be renewed due to dissatisfaction with the quality of their services, they shall be given prompt written notice to the effect by the site administrator, and have the following rights:

 

1.                  In the case of employees with an assignment of 10 hours or

more per week the notice must have been preceded by compliance with the observation, records and assistance provisions of Article X, Section 5.0.  In evaluation procedures of Article X, Sections 8.2 and 10.0.

 

 

 

b.         The rights of personnel with an assignment of less than 10

hours per week are limited to final notice and, for alleged violations by the district of Board Rules and/or administrative rules, the grievance procedure for non-Unit members as referenced in Article V, Section 23.0.

 

5.0       Staffing Procedures for Tenured Positions:  All new or vacant

positions of more than 18 hours per week identified as tenured positions shall be posted by June 1 for the fall semester and January 5 for the spring semester and filled at the discretion of the site administrator.

 

1.                  Thirty hours per week (120 hours per pay period) is recognized

as the full time equivalency (FTE) for all Adult Education funded classifications in which tenure is earned (currently ESL, Academic, Parenting, Programs for Older Adults, Adults with Disabilities and Teacher Counselors).

 

2.                  Tenure shall be earned at any number of hours greater than

sixty percent of the FTE or more than eighteen hours per week (more than 72 hours per pay period).  The Division acknowledges that once tenure is acquired, it shall have an on-going obligation to offer assignments at the number of hours held by the employee when tenured.  After completing the probationary period, employees may increase the number of hours for which they are tenured, not to exceed thirty hours per week (120 hours per pay period). A reasonable effort shall be made to offer assignments to interested and qualified employees who are tenured at less than thirty hours with additional hours that become available over their tenured hours, up to the thirty hours of FTE.

 

3.                  The 2000-01 school year shall be counted toward tenure for

eligible current probationary employees.  In addition, employees who are tenured at 20 hours per week but who have been working for up to 30 hours per week in the same classification for the 1999-2000 and 2000-01 school years, shall be tenured at the hours worked effective July 1, 2001.

 

5.1       Tenured employees with the Division may apply for posted

positions at not more than three time-reporting sites by completing a request for Transfer form.  The forms shall be available at each time reporting site.  Application shall be made to the appropriate site administrator.

 

1.                  In filing a posted position, the site administrator shall interview

not more than three transfer applicants and not more than three candidates from the Division=s eligibility list for that subject area.  The eligibility list interviewees shall consist of the two highest ranking candidates on the list and the highest ranking candidate currently assigned to the site at which the opening occurs.

2.                  All interviews under this procedure shall be scheduled and held

within one week of the deadline for application.  The site administrator shall fill the position from among the interviewees and notify all persons interviewed of the selection decision.     An applicant who refuses an offered tenured position shall be subject to Article XIII, Section 1.3.

 

5.2       The District has committed to replace tenured Adult Education

positions which become los to attrition (resignation, retirement, death) provided that the following conditions are met:

 

1.                  The position is in a field which the District has determined to

be a growth field for the foreseeable future; and

 

2.                  The district has determined that funding and work is available

for an additional block of hours equivalent to a tenured position; it is understood that the hours may be split in time and/or location, and may include weekend assignments.

 

6.0       Class Size Maximums:  Class size shall not exceed the room

occupancy/seating requirements of applicable fire codes.

 

1.                  Occupational classes which require a high degree of student

involvement shall be limited in size by the number of functional work stations in the room or shop facility as reasonably determined by the District.

 

2.                  In General Education classes the number of students enrolled

at any time may exceed the number of learning stations in a classroom of facility.  However, actual attendance shall be limited by the number of learning stations and by fire code as provided above.  Enrollees in excess of actual attendance may be placed on a waiting list by the instructor or be referred to the Branch coordinator or site administrator for placement in other classes.

 

3.                  Classes (other than lecture series) scheduled in large District

facilities such as music rooms, cafeteria or auditoriums, shall have one teacher for each 50 students, or fraction thereof, who are in attendance for three consecutive class meetings.

 

4.                  Learning Centers, reading Labs, and other academic learning

 labs shall be limited as provided above and, in addition, when attendance reaches 30 or more students for three consecutive days an additional person (e.g., aide or teaching assistant) shall be provided to assist the instructor.

 

 

 

7.0       Class Size Minimums:  The Division shall observe class size

minimums of twenty in General Education, eighteen in Occupational courses and eighteen in Adults with Disabilities.

 

1.                  A notice that a class may be terminated shall be given by the

instructor of the class to the students and to the site administrator when attendance reaches twenty or less in General Education, or eighteen or less in Occupational or Adults with Disabilities classes.

 

2.                  If class attendance drops below an average of twenty for three

consecutive class meetings (eighteen in Occupational and Adults with Disabilities) the class may be closed.

 

3.                  If class attendance reaches fifteen students (fewer than twelve

in Occupational classes and fewer than fourteen in Adults with Disabilities) the class shall be canceled.  If a class is being canceled due to loss of enrollment, the teacher shall be so advised as soon as practical during a conference with the administrator and with written notice to the teacher no later than the last scheduled class meeting.  The conference may be conducted by telephone if the teacher is not readily available to the administrator (e.g., satellite location, or teacher absent).  A class which has reached the level for cancellation may be continued under compelling circumstances at the sole discretion of the Division Superintendent.

 

7.1       Occupational classes shall not be canceled when student job

placement temporarily reduces class size below the stated minimums.

 

7.2       Learning Centers, Reading Labs and other academic learning

labs shall not be canceled when student advancement temporarily reduces class size below the stated minimums.

 

8.0       The District agrees to continue the practice of paying an

Earned Salary Allowance (E.S.A.) To employees in the Division.  The Threshold of eligibility shall be ten hours per week.

 

9.0       At each school, the administration and faculty shall annually

determine a list of mutually acceptable substitutes.  The list may include teachers at the school as well as other qualified teachers.  Teachers at the location shall have the right to request a substitute from the list by name.  When no name is offered or the substitute is unavailable, the administrator has the right to select another substitute from the list.  When the school site administrator chooses to observe a prospective hire, that individual may be assigned as a substitute following an attempt to obtain the consent of the regular teacher.  Successful performance by these substitutes may result in their being added to the list.  When an absence is known or anticipated to be for a period of more than two weeks, the site administrator may extend the assignment of the current substitute or select from the employees whose names appear on the school substitute list.

 

10.0    Miscellaneous: Division personnel shall have reasonable

access to telephone service at all sites for the performance of  their student job placement duties.

 

10.1    The Joint LAUSD/UTLA Tenure committee for Division of Adult

and Career Education shall submit a report no later than June 30, 2001 on the progress of the District toward increasing tenured positions in the Division from July 1, 2000 to June 30, 2001.  This report shall then be brought back to negotiations.

 

10.2    The District shall provide pay for the annual before-school

planning meeting-three hours at training rate as provided by Board Rule 1921.