The United Federation of Teachers

ARTICLE ELEVEN

INSTRUCTIONAL CONDITIONS IN SCHOOLS

A.  School-Based Management/Shared Decision-Making (SBM/SDM)

The Union and the Board agree that SBM/SDM is a process in which all members of the school community collaborate in identifying issues, defining goals, formulating policy and implementing programs.  The uniqueness of each school community requires that the SBM/SDM process and the organizational and instructional issues discussed are determined by the staff, parents, administration and students (where appropriate) at individual schools through the SBM/SDM team.  The Union and the Board agree that in order to achieve SBM/SDM at the school level significant restructuring of instruction must occur, and the parties agree to work cooperatively in an effort to bring about these changes.

1.   Eligibility and Involvement

a.   All schools are eligible to apply for participation in SBM/SDM. School participation shall be voluntary and subject to approval by fifty-five (55) percent of the voting, non-supervisory school based staff (e.g. teachers, paraprofessionals, support staff and others) and agreement of the principal, the appropriate superintendent and parents. Similarly, schools involved in SBM/SDM may choose to opt out of the program at any time.  The decision to opt out shall be voluntary and subject to approval by at least fifty-five (55) percent of the voting, non-supervisory school based staff.

b.   All votes of non-supervisory school based staff concerning participation in SBM/SDM shall be conducted by the UFT chapter.

c.   Schools involved in SBM/SDM shall conduct ongoing self-evaluation and modify the program as needed.

2.   SBM/SDM Teams

a.   Based upon a peer selection process, participating schools shall establish an SBM/SDM team.  For schools that come into the program after September 1993, the composition will be determined at the local level.  Any schools with a team in place as of September 1993 will have an opportunity each October to revisit the composition of its team.

b.   The UFT chapter leader shall be a member of the SBM/SDM team.

c.   Each SBM/SDM team shall determine the range of issues it will address and the decision-making process it will use.

3.   Staff Development

The Board shall be responsible for making available appropriate staff development, technical assistance and support requested by schools involved in SBM/SDM, as well as schools expressing an interest in future involvement in the program.  The content and design of centrally offered staff development and technical assistance programs shall be developed in consultation with the Union .

4.   Waivers

a.   Request for waivers of existing provisions of this Agreement or Board regulations must be approved in accordance with the procedure set forth in Article 8B (School Based Options) of the Teacher Agreement i.e., approval of fifty-five (55) percent of those UFT chapter members voting and agreement of the school principal, UFT district representative, appropriate superintendent, the President of the Union and the Chancellor.

b.   Waivers or modifications of existing provisions of this Agreement or Board regulations applied for by schools participating in SBM/SDM are not limited to those areas set forth in Article 8B (School-Based Options) of the Teacher Agreement.

c.   Existing provisions of this Agreement and Board regulations not specifically modified or waived, as provided above, shall continue in full force and effect in all SBM/SDM schools.

d.   In schools that vote to opt out of SBM/SDM, continuation of waivers shall be determined jointly by the President of the Union and the Chancellor.

 

B.  School Allocations

Before the end of June and by the opening of school in September, to involve faculties and foster openness about the use of resources, the principal shall meet with the chapter leader and UFT chapter committee to discuss, explain and seek input on the use of the school allocations. As soon as they are available, copies of the school allocation will be provided to the chapter leader and UFT chapter committee.

Any budgetary modifications regarding the use of the school allocations shall be discussed by the principal and chapter committee.

 

C.  Basic Instructional Supplies

The Board and the Union agree that schools should provide appropriate and sufficient basic instructional supplies and books to deliver an effective educational program.  Basic instructional supplies and books are those that must be provided for use by students without which classroom instruction will be impaired.

In the event a member or members of the faculty believe that such supplies and books are not available to students and faculty, the chapter may request a meeting with the principal.  Upon the request of the chapter leader, the principal shall meet with the chapter committee to resolve the issue.  If no resolution is achieved at the school level, the district representative and the appropriate superintendent will meet within five (5) school days to attempt to resolve it.  If they are unable to do so, the dispute will be forwarded by the Union to the Chancellor for his/her prompt review and response.

 

D.  Program Guidelines

Paraprofessionals shall be informed of the guidelines for their program which affect their duties and working conditions.

 

E.   Damage or Destruction of Property

  1. Employees shall not be held responsible for loss of school property when such loss is not the fault of the employee.  This does not exonerate the employee from responsibility for school property in his/her charge.

  2. The Board of Education will reimburse paraprofessionals in the bargaining unit in an amount not to exceed a total of $100.00 in any school year for loss or damage or destruction, while on duty in the school, or while on duty on a field trip, of personal property of a kind normally worn to or brought into school, or on a field trip, when the paraprofessional has not been negligent, to the extent that such a loss is not covered by insurance.

The term "personal property” shall not include cash.  The terms "loss,” "damage” and "destruction” shall not cover the effects of normal wear and tear and use.