Rights

• Adjunct Duty
• Class Assignment
• Class Size
• Collaborations
• Committees
• Directives
• Disruptions
• Detention
• Duty Free Lunch
• Due Process

• Evaluations
• Grades
• Homework
• Intervention
• Leadership
• Make-up Work
• Parent Liability
• Personnel Files
• Preparation Time
• Recording

• Safety
• Seize
• Staff Meetings
• Student Conduct
• Substitutes
• Supplementary Materials
• Suspension
• Transfers
• Weingarten
• Whistleblower

Question: May employees be required to devote a reasonable amount of time to adjunct duty?

Yes, as a guideline, the time spent by the employee in grades 9-12 on such additional work related duties should not exceed approximately 15 hours during a school year. In grades 7-8, such additional work-related duties, including bus and hall duty, should not exceed 15 hours during a school year [MCS-MTA Contract].

Question: May the local administrator exceed this guideline?

Yes, only if his/her action is reviewed and approved by the Superintendent. In reviewing the local administrator’s action, the Superintendent shall consider the following [MCS-MTA Contract]:

1. Uniform and equitable distribution of duties among employees;
2. Special needs of the school;
3. Special needs, abilities, handicaps, and/or limitations of the individual employee;
4. Efficient use of employee time;
5. Extent of the employee’s voluntary contribution of time to school or District activities.

Question: Is the employee responsible for assigning a substitute to adjunct duties?

No, the local administrator is responsible for assigning a substitute.

Question: How should a teacher be assigned to a position?

Teachers should be assigned to a position on the basis of credential. The junior and senior high school site administrators shall provide an opportunity for staff involvement in planning teaching assignments.

The K-6 site administrators shall provide an opportunity to involve teaching staff in developing class lists. Prior to the end of the school year, effort is to be made to provide assignment of continuing elementary students to teachers for the next year.

The local site administrator is responsible for class lists and teaching assignments within a building. It is the District’s intention to obtain meaningful participation and involvement of staff in the fulfillment of this responsibility [Modesto City Schools BP4113].

Question: What recourse may a teacher pursue to deal with a class assignment he/she does not wish to accept?

Should you wish to object to your assignment, submit a written request to your supervisor within three (3) working days of receipt of your assignment. The supervisor will then provide a written explanation within three (3) working days. The correspondence would best be emailed with a carbon copy (CC) sent to MTA.

Question: What are the class size maximums?

Transitional Kindergarten through third grade class size maximums are 24 students. Fourth through sixth grade class maximums are 34 students. At the 7-8 level, the class size maximums are 37 for all classes and 55 for Physical Education. At the 9-12 level, the class size maximums are 39 for all classes and 58 for Physical Education. See contract for Special Education teachers caseload maximums effective beginning the 2019-2020 school year.

Class size maximums can only be exceeded if teacher(s) sign a written waiver. The Association agrees that during the life of this agreement it will neither discourage nor encourage class size waivers by individual teachers [MCS-MTA Contract].

*See TK-6 Class Size Overages if an individual TK-6 self contained class voluntarily exceeds the class size maximums in Article VI Class Size.

Question: When will the District make an effort to balance the number of students?

“The District agrees to make a good faith effort to balance the number of students by the end of the third week.”

Question: Are teachers required to “Joplinize”?

No. Teachers are not required to “Joplinize”. More importantly, if at any point in the school day, the class size maximums are exceeded; then the Contract is violated. This is more likely to occur when a school’s practice of separating students into different classrooms, also known as “Joplinizing” is implemented [MCS-MTA Contract].

For example, 6 third grade teachers may have class sizes of 10, 15, 40, 25, 30, & 30 students, where 3 class size maximums are exceeded.

Question: What does a collaborative meeting entail?

Starting with the 2019-2020 school year, 26 early release days will be scheduled for collaboration. Teachers are required to remain on site unless directed otherwise. Collaboration time shall be defined as follows:

Collaboration time will involve teachers and administrators working together to improve achievement by clearly defining the content and skills students mush learn creating common formative assessments to determine student acquisition of those content and skills, examining student data to determine remediation or progression plan, working collaboratively to identify most effective research-based instructional practices, development of lessons, and working together as professionals to engage in job embedded learning.

Collaboration agendas shall be mutually agreed upon between the site administration and the Site Leadership Team. These agendas shall be responsive to the needs of the students and focus on improving student achievement. The following four (4) questions will guide collaboration:

• What do we want students to learn?
• How will we know they are learning?
• How will we respond when they don’t learn?
• How will we respond if they already know it?

All teachers shall come prepared to each collaboration meeting and actively participate as an equal member of the team. Site administrators are equal members in the process of improving student achievement and will act to provide support and guidance during collaboration time. Collaboration time shall not exceed 60 minutes unless the members of the team voluntarily agree to meet for additional time. [MCS-MTA Contract].

Question: Is a teacher required to serve on a school committee?

No. A teacher is not required to serve on a committee. It is a voluntary decision for a teacher to serve on any school committee. Furthermore, a teacher may stop serving anytime on an a committee that has no paid stipend.

Question: If nominated, am I required to be a candidate on a School Site Council election?

No, you may decline to be a candidate. That is, inform your principal that you wish not to serve as a teacher representative.

Question: Can a teacher be assigned to the School Site Council?

No. In regards to School Site Councils (SSC) who are responsible for the Single Plan for Student Achievement (SPSA), members must be chosen by peers “elected by teachers by written ballot at a noticed election. Vacancies shall be filled in accordance with these same procedures”. No seat on the SSC may be reserved for any group or individual. Membership is normally determined by ballot, but could be decided in an open meeting by voice vote. Ballots must be maintained for 3 years.

Is a teacher required to follow a directive from the principal or your immediate supervisor?

Yes, it is important to understand that the principal or your immediate supervisor has rights simply because he/she is “the boss.” Any principal/supervisor has the right to exert leadership; to direct institutional operations; to enforce rules, policies and reasonable orders and directions, as long as they conform to the contract and are clear/unambiguous and do not put you in danger of risking your health or safety.

Obey now, Grieve Later: If you are given a direct order that you do not believe is appropriate (it violates the contract, for example), you may ask your supervisor to clarify that he/she is in fact giving you an order or directive to do ___.

Contact your site representative and document the directive utilizing carbon copied emails to all parties. Once this is clear, you may say: “Fine. I will do what you are asking only because you are ordering me to do it. I will follow your directive under protest and against my better judgment and may take further action (grieve) later.”

The important point is that you follow the directive now (so that you are not insubordinate), unless it immediately threatens your health or safety (then you may refuse), and challenge it (grieve) later [MTA Site Rep Training].

Assert your Weingarten Rights to representation in meetings that you believe may lead to discipline.

For directives in violation, see Whistle-Blower Protection.

Question: What is the consequence for a parent or guardian who disrupts a class or school activity?

A parent/guardian who materially disrupts a class or school activity is guilty of a misdemeanor [EC 44811].

Question: What is the MCS BP regarding classroom disruptions?

The Governing Board recognized the importance of providing students with sustained, uninterrupted instruction [MCS BP 6116].

Question: How long may a teacher detain a student?

Students may be detained after school for up to 15 minutes without prior notice to the parents. Detention from 16 to 30 minutes requires a reasonable effort to give prior notice to the parent.

Regardless of the length of detention, prior notice to parents must occur in cases where detention will cause a student to miss the school bus.

Detention longer than 30 minutes requires prior notice to the parent. Prior notice includes telephone calls [MCS Conduct Code & Information Handbook].

Question: Can a meeting be held during a lunch period?

No. The governing board of every school district shall allow each teacher employed for full time in any regular day school in which two or more teachers are employed, one duty-free lunch period each day in the manner and at the time prescribed by regulation of the State Board of Education [EC 44813].

Duty Free Lunch Exception: A duty free lunch may be circumvented by assigning additional duties on rainy days. On rainy days, for sites that are unable to develop a system to free teachers for their full lunch period, principals may assign from one to five teachers on a rotating basis to supervise students.

In all cases, teachers and Cal-SAFE Teachers will receive a full 30-minute lunch. A duty free lunch – 35 minutes, except for minimum days (activity schedule) – for prep providers must be scheduled as not to interfere with preparation delivery schedule. Computer Literacy Teachers will receive a 35-minute duty free lunch [MCS-MTA Contract].

What is CTA’s position on due process?

CTA believes an adequate probationary period is necessary and no dismissal action should be initiated unless the bargaining unit member has been informed of his/her alleged deficiencies and given time and assistance for their correction.

CTA believes in the instances where substitute teachers are represented by their local Association, the dismissal process shall be followed. CTA believes, in such cases, substitute teachers have just cause in disciplinary cases.

Whatever the specifics of the format for due process (permanent status) protection, there should be criteria present to guarantee fair procedures [CTA Your Rights] .

Question: What shall be included in an evaluation of an instructional employee?

Instructional employee evaluations shall include evidence of pupils’ progress toward established standards based upon pre and post assessments. The measurement of student progress will be mutually agreed upon by the teacher and evaluator.

The administrator can not dictate a list of objectives. At the beginning of the school year, you should meet with your evaluator to “work cooperatively to establish” your objectives.

If the employee and the evaluator are unable to reach an agreement upon the content of the objectives, and the employee is dissatisfied with the evaluator’s determination, the employee may appeal the matter to the next higher administrative level for resolution.

The evaluation and assessment of instructional employee competence shall not include the use of publishers’ norms established by standardized tests [MCS-MTA Contract].

Question: How often are teachers evaluated?

Probationary teachers shall be evaluated at least once each school year.

Permanent teachers who receive a “satisfactory” evaluation shall be evaluated once every two years regardless of assignment, transfer, etc.

*Evaluation of a permanent certificated employee may be at least every five years based on certain conditions being met. [MCS-MTA Contract].

• Mitigating Factors

Question: Who determines the grade given to each pupil in the course?

Teachers have the right to determine the final grade given to each student [EC 49066].

Question: When will grades be inputted?

7-12 assignment grades will be inputted every two weeks throughout the year.

3-6 grade teachers will input one grade for each content area at each progress reporting period. The TK-12 teachers shall have three (3) full workdays after the end of the grading periods (not including weekends and holidays) to submit grades into the District approved system [MCS-MTA Contract].

Question: Are there any homework requirements for K-6 grades?

No. Homework consists of assignments made by the individual teacher in his/her professional judgment which are related to classroom learning and which require student time and effort outside of the classroom.

Homework will be appropriately assigned on such a regular and frequent basis as determined by the individual teacher in his/her professional judgment [MCS BP 6154].

Question: Is a teacher required to participate in a school wide intervention schedule?

No. Teachers are not required to participate in a school wide intervention program. As an alternative, a teacher may provide intervention according to their own class schedule.

No teacher is required to participate in these formal intervention programs. They are purely voluntary. No teacher will be subject to any penalty for declining to participate in a voluntary intervention program, or for withdrawing from participation.

After a Cease & Desist letter addressing school-wide intervention was sent to the District, MTA was substantiated with the following response:

In recent years, District elementary schools have implemented formal English Language Arts School-Wide Intervention programs. The District has since learned some elementary school teachers have felt obligated to participate in these formal programs. This is not the case.“

Ginger Johnson, Associate Superintendent, Educational Services (9/13/16)

Question: What is the responsibility of a Leadership Team Member?

Leadership Team Member responsibilities include the following duties:

1. Attend site leadership meetings (maximum 13 meetings per year, except with approval by the majority of the Leadership Team).
2. Lead a team of grade level teachers.
3. Attend a District-wide professional development.
4. Actively participate in site leadership.
5. Facilitate the review of student performance data and develop plans to increase student learning.
6. Assist with orientation of new teachers.
7. Conduct regularly scheduled meetings with grade level team.
8. Assist with development of the Professional Learning Community (PLC).
9. Willingness to learn, adopt, and potentially assist teachers with state standards.
10. Lead an instructional team and/or department.

Leadership Team Member positions will be established at each K-6 school site. Compensation will be based upon the Modesto City Schools’ Extra Duty Stipends Schedule. (Base: $1,339.48/2 payments; Jan & June) The leadership annual term will be July 1 to June 30. Each school will receive one (1) Leadership Team Member stipend per 100 students, grades TK-6 (CDP is not included in this calculation). A minimum of three (3) Leadership Team Members per school site [MCS-MTA Contract].

The staff members’ recommendations shall be submitted in writing to the administrator within ten (10) days of the site administrator’s notice of his/her intention to fill Leadership Team Positions.

Leadership Team Members shall be selected by the site administrator after soliciting input from each staff member. A copy of each staff members’ confidential written preference for Leadership Team shall be sent to the Association Office by the District.

The site administrator shall give good faith consideration to the majority preference of the team/department. The site administrator will annually notify in writing of his/her intention to fill Leadership Team Member positions and ask staff members to submit their recommendations for Leadership Team Members [MCS-MTA Contract].

Question: How much time to make-up an is allowed for an excused absence(s)?

A K-6 teacher will determine the length of time the student has to make up work. Responsibility for requesting missed work lies with student/parent.

A 7-12 teacher shall allow two school-days for each day of absence to make up the work. The time for make-up may be extended by the teacher. Responsibility for requesting missed work lies with the student [MCS Conduct Code & Information Handbook].

Question: Are parents or guardians liable for their minor children’s willful misconduct that causes injury to person and/or property?

Yes, Parents/Guardians are liable for their minor children’s willful misconduct that causes injury to person and/or property [EC 48904 EC 48905].

A parent or guardian who materially disrupts a class or school activity is guilty of a misdemeanor [EC 44811].

References:

• CTA Mini-Guide (2021)

Question: What rights does a teacher have regarding their personnel records stored at District Human Resource Department?

Every employee has the right to inspect their personnel records [EC 44031]. The Governing Board recognizes the importance of establishing and maintaining accurate personnel files.

The Superintendent/designee shall ensure that personnel files are established and maintained for all District employees and ensure confidentiality in accordance with applicable provisions of law and collective bargaining agreements [MCS BP 4112.6/4212.6/4312.6].

Question: What is allowed regarding desk memos?

Desk memos pertaining to a bargaining unit member may be forwarded to other administrators at the site. This provision also applies to e-mail communications. Desk memos must be destroyed after two years from date of the memo.

In regards to the evaluation process, a memo or an e-mail issued by an administrator is between the teacher and administrator and may not be shared with other staff or administrators [MCS-MTA Contract].

Question: What are preparation times for a teacher?

Elementary preparation periods are weekly at each elementary school site (which includes special education), for grades 1-6 within the following guidelines:

Two thirty (30) minute preparation times for each 1-6 teacher and one (1) forty-five (45) minute preparation time. Special education or certificated employees who are teacher of record will receive prep time. Full day kindergarten TK/K teachers shall have the same Preparation Schedule as a full time first grade teacher assigned to the school site.

7th-12th grade teacher shall have a preparation period equivalent to a student instructional period.

Prep providers shall have 24 hours of prep time per year scheduled by the District. The prep time shall be scheduled in no less than 30 minute blocks and no more than 1 hour per week. Transitional or natural breaks in a schedule shall not count towards a CLT or prep providers’ prep time.

Computer Literacy Teachers will have eight (8) assigned periods per day. On collaboration days, Computer Literacy Teachers will have six (6) assigned periods.

Speech Language Pathologists will have sixty (60) minutes of preparation time each week [MCS-MTA Contract].

Question: Can preparation time be interrupted?

The regular teacher on preparation time shall not be responsible for or interrupted for purposes of handling student discipline for misconduct occurring during preparation time. [MCS-MTA Contract].

Question: Under what circumstances will prep time not be made up?

Prep time not received due to holiday, full-day professional development, field trips, or minimum day will not be made up [MCS-MTA Contract].

Question: May a teacher use an audio recording device in a classroom?

Any classroom teacher who, in the interest of improving his or her personal teaching techniques, wishes to use an audio recording device in a classroom to record classroom instructional presentations, may employ that device without the necessity of obtaining the approval of the school principal or other school officials [EC 44034].

Question: May a person use a listening or recording device in a classroom?

The Legislature finds that the use by any person, including a pupil, of any electronic listening or recording device in any classroom of the elementary and secondary schools without the prior consent of the teacher and the principal of the school given to promote an educational purpose disrupts and impairs the teaching process and discipline in the elementary and secondary schools, and such use is prohibited. Any person, other than a pupil, who willfully violates this section shall be guilty of a misdemeanor [EC 51512].

Question: May families or students record teachers during a Distance Learning lesson?

The Education Code simultaneously makes clear that aside from a district requiring the use of synchronous or asynchronous video as part of a distance learning program (For the 2020–21 school year), pursuant to section 43503, no other person may make any audio, video, or digital recording of a local educational agency’s (LEA’s) live or synchronous distance learning instruction without the educator’s and principal’s prior consent. [EC 43503].

Question: What information should teachers have to maintain a safe learning environment?

The teacher will be informed of each student who engaged in, or is reasonably suspected of, acts that are grounds for suspension or expulsion, within the past three years [EC 49079].

Question: Is a school district required to inform teachers of students’ violent, criminal, harassing, or threatening conduct?

Such information shall be provided within five (5) working days from when the information was known. The information provided shall be limited to the previous three (3) school years [EC 49079].

What shall occur whenever any employee of a school district or of the office of a county superintendent of schools is attacked, assaulted, or physically threatened by any pupil?

Whenever any employee of a school district or of the office of a county superintendent of schools is attacked, assaulted, or physically threatened by any pupil, it shall be the duty of the employee, and the duty of any person under whose direction or supervision the employee is employed in the public school system who has knowledge of the incident, to promptly report the incident to the appropriate law enforcement authorities of the county or city in which the incident occurred. Failure to make the report shall be an infraction punishable by a fine of not more than one thousand dollars ($1,000) [EC 44014].

Resource: CTA School Safety (2017)

Question: Does a teacher have a right to seize an object from a student?

Seize any injurious object from any student while on school premises or under the authority of school personnel [EC 49331].

Question: What degree of control may a teacher exercise to ensure student conduct?

Every teacher in the public schools shall hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess. A teacher, vice principal, principal, or any other certificated employee of a school district, shall not be subject to criminal prosecution or criminal penalties for the exercise, during the performance of his duties, of the same degree of physical control over a pupil that a parent would be legally privileged to exercise but which in no event shall exceed the amount of physical control reasonably necessary to maintain order, protect property, or protect the health and safety of pupils, or to maintain proper and appropriate conditions conducive to learning [EC 44807].

Question: How many staff meetings will be required?

The total number of school-wide faculty meetings involving all staff shall not exceed eight (8) per year shall not exceed sixty (60) minutes per meeting. The meetings may include all credentialed staff, 28 department/grade level, professional learning communities or 7-12 level instructional teams.

A site staff meeting is defined as a meeting which TK-12 teachers are required to attend. Grade level or department meetings held during the workday are not considered site staff meetings [MCS-MTA Contract].

Question: Is an agenda required before a staff meeting?

Advice: Yes. Notice of Meeting – The District will provide a draft agenda for all meetings teachers are required to attend which must be posted at least forty-eight (48) hours in advance, excluding weekends and holidays [MCS-MTA Contract].

Question: Are teachers required to sign in at a staff meeting?

No. Teachers are not required to sign in at a staff meeting.

Question: What degree of control may a teacher exercise to ensure student conduct?

Every teacher in the public schools shall hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess. A teacher, vice principal, principal, or any other certificated employee of a school district, shall not be subject to criminal prosecution or criminal penalties for the exercise, during the performance of his duties, of the same degree of physical control over a pupil that a parent would be legally privileged to exercise but which in no event shall exceed the amount of physical control reasonably necessary to maintain order, protect property, or protect the health and safety of pupils, or to maintain proper and appropriate conditions conducive to learning [EC 44807].

Question: Does a teacher have a right to suspend a student?

Yes. A teacher may suspend students from class for the day of suspension and the following day. Ask the parent/guardian to attend a conference ASAP [EC 48910].

Click Suspension for more information.

Question: How many days of emergency lesson plans are required?

Three days of emergency lesson plans.

Question: What is the teacher’s responsibility for attaining a substitute?

Staff’s obligation is to put in absences in AESOP. The rest of the process is the District’s responsibility or in some cases for an administrator to provide coverage.

Question: What supplementary instructional materials may be used in the classroom?

The Governing Board encourages the use of supplementary instructional materials to enrich the curriculum and enhance student learning. Such materials shall be aligned with district goals, curriculum objectives, and academic standards and shall supplement and not supplant the use of Board-adopted basic instructional materials that serve as the primary learning resources [MCS BP 6161.11].

Supplementary instructional materials include, but are not limited to, instructional materials that are designed to serve one or more of the following purposes in accordance with [EC 60010].

Question: Does a teacher have a right to suspend a student?

Yes. A teacher may suspend students from class for the day of suspension and the following day. Ask the parent/guardian to attend a conference ASAP [EC 48910].

Note: The right of teachers to send students to the office for willful defiance remains intact. Section 48910, permits student suspensions from class by teachers for any of the acts enumerated in EC 48900, including willful defiance.

A teacher may also refer a pupil, for any of the acts enumerated in Section 48900 (defiance, bullying, disruptive), to the principal or the designee of the principal for consideration of a suspension from the school.

While teachers have a general duty to maintain custody and control
over their students, school districts have the legal responsibility to establish and enforce the discipline policy that circumscribes teachers’
supervisory efforts. This means that the principal is responsible for
general school administration, including enforcement of the school
district’s discipline policy [5 CCR § 5551].

Resource: CTA School Safety (2017)

Question: What is the protocol for administrative transfers necessitated by shifting or declining enrollments?

The District shall determine whether or not overstaffing exists at each school. The District shall determine the department/subject area(s) at each school where any such overstaffing exists at grades 7-12.

When a school/department/subject area is determined to be overstaffed, no more teachers will be transferred to open vacancies in the District than is necessary to bring the overstaffed school/department into balance.

The District shall notify each certificated employee in the overstaffed school/subject area/department where any such overstaffing exists at grades 7-12.

Volunteers shall be solicited by the District from the school(s)/grade levels where any such overstaffing exists at grades TK-12. Should multiple employees volunteer, the employee with the greatest District-level seniority shall be selected.

In grades TK-6, should no one volunteer to leave the overstaffed grade level, the class with the least senior teacher shall be collapsed. If in grades TK-6, should no one volunteer to transfer to a vacancy at another site, the least senior teacher in the overstaffed grade level will be transferred. The least senior teacher that is transferred shall have the right to return to the school site the following school year and shall not be involuntarily transferred because of shifting or declining enrollment for eighteen (18) months. The returning teacher will be included in the steps of the staffing process at the site to which s/he is returning. [MCS-MTA Contract].

Question: What are my rights when summoned by an administrator to an investigatory meeting that I believe might possibly result in disciplinary action?

Use the Weingarten Statement below to invoke you right to union representation and contact your site representative and/or the Association.

If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative be present.

Weingarten Rights

If you are summoned by an administrator to an investigatory meeting that you believe might possibly result in disciplinary action against you, you have a legal right to union representation.

It is important to remember that you must make the request for representation. The employer is not required to inform you about your right to have someone with you at the meeting unless your collective bargaining agreement has a provision that requires employer to notify you of your right to have representation.

References:

• CTA Mini-Guide (2021)
• Right of union-represented employees (NLRB)

Question: What are my Whistleblower Protection rights ?

An employee shall have the right to disclose to a Board member, a school administrator, a member of the County Board of Education, County Superintendent of Schools, or the Superintendent of Public Instruction any improper governmental activity by the district or a district employee that violates state or federal law, is economically wasteful, or involves gross misconduct, incompetency, or inefficiency. Note: “Illegal order” means any directive to violate or assist in violating a federal, state, or local law, rule, or regulation or an order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public. [MCS BP 4119.1/4219.1/4319.1; EC 44112; 44113].

Question: What is the definition of sexual harassment?

Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature made against another person of the same or opposite sex in the work or educational setting. [EC 212.5; MCS BP 4119.11/4219.11/4319.11)

If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative be present.

Weingarten Rights