Frequently Asked Questions

LEAVES

See Article 13 for a complete description of all types of leaves available.

Many types of leaves may qualify under the Federal Family and Medical Leave Act. Please check the UTR Contract and also with the District Personnel Office for further information.

Q: How many days of sick leave am I entitled to?

A: Each full-time employee accrues ten days of sick leave per year. Unused sick leave

carries over and may be accumulated without any limit. Teachers who do not use any sick leave during the year are given two additional sick leave days at the end of the school year.

Q. What happens if I use all of my sick leave but still need to take time off for health reasons?

A. If you are ill and but have no more sick leave, the District will deduct the cost of a substitute from your paycheck. Remember, after twenty days, the substitute is entitled to long-term sub pay so your deduction will increase. If you have the CTA Salary Protection Coverage, check with a customer representative to see how your policy can cover you.

If the illness necessitates your absence for an extended period of time, the Contract provides for several options. Teachers should work closely with UTR and the District Personnel Office if such a situation occurs. (Article 13, Section 4,5, & 7)

Q. Can I use my sick leave if a family member is ill?

See the UTR Contract Article 2, Section 6 for negotiated definition of “family” for the purposes of leaves.

A. There are three ways that you may take a leave for an illness in the family:

1) Family Illness Leave: The Contract provides for two days per year for this purpose. The two days do not come off of your sick leave and they are not cumulative. (Article 13, Section 6)

2) Personal Necessity Leave: You may use a maximum of seven days of accumulated sick leave per year for “logically urgent and unavoidable” reasons. District approval is required for this leave if it is taken during the first and last weeks of school or on days that would extend vacation periods.

(Article 13. Section 15.1 & 2)

3) Family and Medical Leave Act: This is the federal legislation allowing for the care of family members. Contact the UTR Office and the District Personnel Office for further information.

Q. How long can I be out for a death in the family?

A. Bereavement leave entitles you to five days, which are not taken off of your sick leave, or seven if travel is required that is out-of-state or over 400 miles. This leave does not need to be taken in consecutive days. (Article 13, Section 2 – See also Article 2, Section 6 for definition of “immediate family.”)

Class Size

See Article 12 Section 1 & 2 for actual maximums.

Q. What happens if there are too many students enrolled in my class?

A. Contractual maximums are effective from the first day of school. While the District has one month to “balance” classes, your class size maximums are not to be exceeded during the first month. Be sure to notify your principal in writing if your class is over the maximum, as the school must provide an overflow substitute. If you have requested an overflow substitute and one has not been provided, be sure to document your overage daily. The UTR Faculty Representative should be monitoring what action is being taken and determining when/if a grievance needs to be filed.

Q. Will I be paid for the extra students if there is no substitute provided?

A. Compensation during the first month is based on the formula of double the substitute rate, divided by the number of periods (secondary), divided by the number of students (secondary and elementary). You must complete a time card and provide supporting documentation.

Q. What happens if I still have too many students after the first month?

A. After the first month all classes are to be balanced. Grievances must be filed if the District is not following the Contract. Class size overages after the first month are only allowed in special circumstances such as certain Special Education classes with permission of the teacher, the Superintendent of Personnel, and UTR.

Salary Advancement

Article 23

Q. How do I advance on the salary schedule?

A. After your initial placement, you may receive credit for each year you teach at least 75% of the school year. For continuing education, you are moved up one range for every fifteen semester units of work. However, you are limited in advancing if you do not have at least a California preliminary credential. (See the UTR/WCCUSD Salary Schedule for exact placement.)

Q. Are there restrictions on what type of courses I can take?

A. Yes. All coursework must be upper division or graduate courses. Lower division units are not acceptable unless you are given prior permission by the District Superintendent for Personnel.

“District equivalent” units for workshops are often available. After you earn six equivalent credits, you must earn an equal number of college or university credits before continuing to work on any additional equivalent credits.

Q. Are there deadlines for submitting transcripts?

A. Yes. All transcripts verifying successful completion of acceptable training must be filed with the Personnel Office on or before November 1. This is a firm deadline!

If you contemplate a change in salary placement, you are to file a “Work-in-Progress” form with the Personnel Office on or before May 1 for the following school year.

New teachers who will be receiving their credentials should take all paperwork, including the letter stating that the institution has filed for the credential, as soon as it is received. This is extremely important as it affects the date of receiving probationary status.

Meetings

Article 10 Section 14 & 15

Q. How many meetings can I be required to attend?

A. The Contractual agreement is for no more than one faculty meeting per month after the teachers’ normal workday. If there is ever an additional required meeting during the month, it must be limited to one and must be paid at the teacher’s per diem rate of pay.

For compliance meetings, such as IEP meetings or 504 hearings, teachers are to be paid at the hourly rate of pay (formerly Adult School Rate). (Article 10 Section 6.7) It is UTR’s position that the District make every effort to have these during the regular day. Note: If you are attending a meeting such as the SST because it is your adjunct duty, there is no compensation.

Transfers and Reassignments

Article 14

Note: Only probationary and permanent teachers may reassign and transfer.

Q. How can I change grade levels or classes at my school site?

A. This is considered a “voluntary reassignment.” You should indicate your preference on the form that is given out in April.

Q. If I have more seniority, can I “bump” a teacher out of a position?

A. No. You may only reassign to a position that is, or will be, open.

Q. Can the administrator reassign me to different classes even if I have seniority?

A. Under the Contract, the administrator can only do this for the “educationally related needs of the school.”

Q. I have just been involuntarily reassigned. What do I do?

A. First, ask the principal to give you the reasons in writing. Then contact the UTR Office to discuss the issue and determine if you should file a grievance.

Q. How do I transfer to a different school?

A. The transfer rounds begin each April. All open positions are listed and are to be posted at each site. Probationary or permanent teachers may call the Personnel Office and indicate which jobs they are interested in. There is no limit to the number of positions a teacher requests.

The Personnel Office sifts through all of the requests, including the credentials and seniority of all teachers calling for transfers. Racial and ethnic balances at each school are also determined. (If there is no representation of a racial/ethnic group at a school and less senior teacher is of that particular group, seniority is overridden.) Calls are then made to the person on the “top of the list” according to the transfer criteria.

Q. Is an interview required?

A. No. Many principals are requesting conferences with teachers who are interested in transferring, but interviews are not required. It is usually helpful to the teacher; it gives you an opportunity to see the school and get to know the administrator. But the interview does not determine who gets the job.

Q. If I see a position listed on the next round that I like better than one I just accepted, can I change again?

A. Yes.

Q. Can I transfer after the round is closed if the job is still open?

A. No. Once the round is closed, the District begins hiring new teachers to fill positions that are open.

Q. What happens to jobs that open up after all of the transfer rounds are complete?

A. They are filled with new teachers, but the new teachers will not have those positions permanently. All such jobs will be advertised the next spring’s transfer rounds.

Q. Why is seniority such an important transfer right?

A. There may be several teachers with the necessary credentials applying to teach an open position. It is a subjective decision to decide who is the “best” candidate. With nearly 2,000 teachers and over 50 school sites in the WCCUSD, seniority is the fairest, “cleanest” way for transfers to be conducted.

Q. What if I want to apply to teach in another school district?

A. You should not complete the “Notice of Election” if you are planning on leaving the WCCUSD. Once you officially get a job in another district, you would need to resign. You cannot take a leave and work as a teacher in another public school in California. (You could apply for a leave if you are moving out of state.) Once you sign and return the “Notice of Election,” you are under contract with the WCCUSD and they could take action leading to your credential being revoked.

Grievances

Article 16

Q. I think the Contract has been violated. How do I file a grievance?

A. Discuss the issue with the UTR Rep at your site. Check the Contract. Determine the facts of the situation. Call the UTR Office for clarification, if necessary.

You and/or the UTR Rep should approach the administrator informally in an effort to resolve the issue informally. This needs to be done within twenty school days of the alleged violation or when you had knowledge of the violation.

If it is not resolved informally, you will need to file a grievance at Level I. The UTR Rep should have a grievance form or you can obtain one from the UTR Office. This is given to the administrator who then must respond in writing.

If you are not satisfied with the response, the grievance needs to proceed to Level II. You need to submit the grievance form, with the administrator’s response, to the UTR Office. UTR will discuss the grievance with you and will pursue it at Level II. Communication between the grievant and UTR is crucial at this next level.

Timelines and details of the procedure are outlined in Article 16.

Parent Observations

Article 10 Section 18

Q. Do I have to allow parent observers in my classroom?

A. Parents of students enrolled in your class may visit your classroom provided that you have been notified the day prior to the visit. You cannot be required to accept a volunteer worker or observer if they are not parents of your students.

Q. How long are they allowed to say?

A. The accepted practice throughout the District for an observation is twenty minutes. If a parent wishes to come at a time that would interrupt the academic program (i.e. scheduled testing), you may ask that the parent schedule the visit at a different time.

Remember, for the safety of everyone, all visitors are to check in at the front office.

Parent Complaints

Article 17

Q. What happens if a parent has a complaint against me?

A. The parent and the teacher should first try to resolve the problem at an informal level at the school site. A supportive principal and/or Faculty Representative can be very helpful. If the parent has gone directly to the principal, the principal is to make sure the parent has communicated with the teacher. If the problem does not get resolved informally, the parent may proceed to the formal procedure as outlined in the Contract and in the District’s Uniform Complaint Policy. If a formal, written complaint is filed, the teacher should call UTR to determine what type of representation is needed.

If any of the meetings at any level become confrontational, you need to state that the meeting needs to end and be rescheduled. Then you should call UTR for assistance.

Health and Safety

Article 19

Q. There is no working intercom or telephone in my classroom. What do I do?

A. This is a violation of the Contract and should be grieved immediately. Notify your site administrator and your Faculty Representative. Also call UTR if you believe the situation is not going to be resolved right away. (Walkie-talkies are usually issued if other two-way communication cannot be repaired immediately.)

Q. My classroom has no heat. What do I do?

A. This is also a Contract violation. Follow the same procedures as outlined above. Ask your administrator to provide temporary space heaters while repairs are being completed.

Q. There are repairs needed in my classroom (lights, tiles, etc.) What do I do?

A. These types of repairs are also health and safety concerns covered in our Contract. It is important that your site administrator is aware of the repair needed and completes a work order. When you file a grievance, it is helpful if you attach a copy of the work order. These grievances may take longer than ones with heat and intercoms, but it is still important to file.

Q. A student – or anyone – has threatened me. What should I do?

A. Teachers must immediately report cases of serious verbal threats or physical assault to their administrator. There are forms at each school site that must be completed. In addition, UTR recommends that you make notes for yourself regarding the incident. Article 19 outlines the procedure that the District must follow in such cases. (Note: The individual teacher is the one who determines if the verbal assault was “serious.”)

Student Discipline

Article 19

Q. Can I suspend a student?

A. You may suspend a student from your class - not from the school - for the day of the infraction and the day following. Reasons for suspension from class are in the California State Education Code can be found in the Contract. Each school site should have forms for “Teacher Suspension.”

During the time of the suspension, the student is not to be placed in the class of another teacher. For secondary students, the student may attend all his/her regular classes except for the one causing the suspension.

The teacher is to ask the parents or guardian to attend a conference regarding the suspension.

Suspension from the school site is only done by the site administration.

Disciplinary Action

Article 9

Q. What do I do if my principal wants to meet with me?

A. If you believe that the meeting may be regarding some disciplinary action against you, you have the right to be accompanied by a Union representative. This can be your Faculty Representative or another teacher who you believe would provide support and be a good witness. If the meeting becomes too difficult, you need to state that you must end the meeting so that you can call UTR. UTR will then work with you to determine the next steps.

Q. What do I do if my administrator tells me to do something that is a violation of the Contact (i.e. take an extra student over your class size maximum)?

A. You need to make it clear to the administrator that what she/he is asking is a Contract violation. If the administrator still insists, inform him/her that you will file a grievance. At that point you need to comply or it may be considered an act of insubordination. File a grievance immediately.

Q. Won’t calling UTR and filing grievances make matters worse?

A. In order for the Contract to be strong, it must be enforced. The rights that you have in the Contract were negotiated for the protection of all. Remember, it is a negotiated agreement between the two parties – UTR and the District. UTR can cite example after example of teachers standing up for their rights and prevailing. We must remain united!