Feb 1, 2007 12:16 PM
The parties recognize the importance of providing students with timely assessments of their eligibility and need for special education services. The parties further recognize the advantage of conducting these assessments during the students’ regular school day with appropriate full-time Board of Education staff.
In order to accomplish this, and to achieve the mutually agreed upon goal of reducing and ultimately eliminating the backlog of students awaiting assessments, the following agreements have been reached:
1. Each SBST member will develop a plan for managing his/her expected caseload. The plan will be developed cooperatively with the assistance of the designated supervisors. The plan should set forth the SBST member’s expectations for completing the caseload, including interim targets. The SBST member and his/her supervisor will meet, as necessary, to review and adjust the interim targets.
2. The first priority for school based support team members is the timely completion of all assessments. The parties also recognize that some cases require more time than others, that team members may spend time on cases that are withdrawn, and that team members are expected to bring their assessments to closure by participating in conferences when required.
3. Each psychologist and social worker assigned to a school based support team will be responsible for completing all the necessary components of each case assigned to their discipline consistent with proper and professional practice and the needs of the students and parents.
4. Each social worker and psychologist will strive to complete as many cases as possible. To support this effort, the Board will create, where possible, those conditions that will support staff in achieving the goal of timely evaluations. These conditions include, but are not limited to, adequate private and appropriate space for assessments and conferences, access to copiers and telephones, and current assessment materials.
5. Social workers and psychologists assigned full-time to Committee on Special Education Review Teams are responsible for all CSE Reviews, a number of assessments of non-public school students and a number of other assessments.
6. The Board shall maintain a work environment free from reprisals based upon the proper and professional execution of responsibilities related to the evaluation and placement of students referred for special education services.
7. Where the caseload permits, school based support team members are expected to be involved in intervention and prevention activities with students.
8. Except for summer per-session all per-session will be eliminated, except that specifically agreed to as necessary by a joint Board/Union committee. The committee will review the use of contracting and all other work provided by non-Board of Education personnel.
9. Joint Board/UFT committees will be established to:
(a) Review issues related to any changes in the Board of Education’s computerized data system.
(b) Review issues related to professional development for social workers and psychologists.
10. The primary responsibility of school psychologists will be the professional duties attendant to the evaluation of students referred for a special education evaluation including: conducting psycho-educational assessments or other appropriate assessments, chairing IEP meetings, drafting IEPs, drafting IEP goals and conference reports, conducting structured observations and drafting behavior intervention plans. Time permitting, school psychologists are expected to be involved in intervention and prevention activities appropriate to their certification.
11. The assignment of case management duties to psychologists shall not result in psychologists regularly performing clerical tasks other than those incident to their professional duties. The school psychologist will be assigned administrative support to handle the clerical/administrative functions associated with the special education evaluation process. Such duties include scheduling conferences (including consulting with school staff to ensure that all necessary persons are available at the selected time), parent outreach, mailings, photocopying, creating student files, coordinating correspondence and CAP data entry. Psychologists will not be responsible for training or rating administrative support personnel though they will direct them in their duties and will be expected to provide the administration with the information necessary to evaluate the performance of such personnel, as appropriate.
12. School psychologists are not solely responsible for the timely completion of cases. Where a psychologist finds that additional support is necessary to bring a case to completion, s/he will notify the Regional CSE and the building principal.
13. School psychologists will have up to 20 hours of per session work per year available to them with supervisor approval in order to assist in allowing them to fulfill their case management duties, without the necessity of posting such work.
14. All provisions of the Memorandum of Agreement dated October 28, 2003 (“MOA”) pertaining to Social Workers and Psychologists are incorporated herein by reference.
The UFT will withdraw its grievances described in paragraph 7 of the “MOA” but will be able to file and will hold in suspense a grievance alleging that psychologists are performing clerical work and/or case management duties in violation of the collective bargaining agreement between the parties. The “MOA” is not intended to restrict or expand the Board’s right to assign clerical duties under the collective bargaining agreement between the parties. For purposes of this grievance “case management duties” do not include the duties set forth in paragraph 10 above and the Union will not grieve the assignment of such duties to psychologists unless the BOE cancels this “MOA” pursuant to paragraph 15 below. During the 2003-04 school year, the BOE Auditor General will audit the portion of time that psychologists are performing clerical duties, if any. Simultaneously, after consultation with the Union, the Board will conduct focus groups with psychologists to solicit their views on the strengths and weaknesses of the new model. A joint labor-management committee will consider the findings of the OAG and the results of the focus groups as well as any other available information and such advisory committee will report to the Chancellor and the Union by April 1, 2004 on any recommendations. In the event the Union is not satisfied with the actions taken by the Board as a result of this process, it may proceed with the grievance identified in this paragraph.
15. The Board may cancel the obligations contained in the “MOA” by providing notice to the Union by April 15 of any school year, effective for the following school year. In the event that the Board does cancel the terms of the “MOA” pursuant to this paragraph, the Union will be permitted to reinstate the grievances described in paragraph 7 of the “MOA” which shall proceed on an expedited basis and shall be concluded before the beginning of the next school year. In the event any social workers are laid off during the 2003-2004 school year as a result of the Board’s reorganization of the special education evaluation and placement process or a reduction in the number of social workers assigned to evaluation teams, the Union shall be permitted to reinstate the grievance described in paragraph 7(e) of the “MOA”. The decision of the Board to change the 960 school allocation or to change the number of hours assigned for the tasks in paragraph 1(a) and (b) of the “MOA” (above the five period minimum) shall not constitute a cancellation of the obligations pursuant to this paragraph.
Upon receiving a written complaint from a school psychologist or social worker regarding an existing workload, the principal or his/her designee shall meet with the employee making the complaint, and his/her representative, and reach a determination within five (5) school days. If the complaint is not resolved, the chapter leader may forward it to the appropriate Superintendent, within five (5) school days of the determination, for review. If a timely request for review is received by the Superintendent, s/he shall designate a representative to jointly investigate with a UFT appointed representative the workload that is alleged to be inappropriate. The two representatives will then submit recommendations to the Superintendent for his/her written determination, which shall be made within (10) school days of receipt of the recommendation(s). The UFT shall have the right to appeal the Superintendent's determination to the Chancellor within five (5) school days of the Superintendent's written determination of the complaint, or if the Superintendent does not timely render a determination, to seek review at the Chancellor's level within forty-five (45) days of the principal's receipt of the original written complaint, whichever is earlier. Such appeal shall contain a detailed written statement of the reasons for dissatisfaction with the Superintendent's determination. The Chancellor or his/her designee shall review the workload complaint and make a final determination, not subject to further review, within fifteen (15) school days of receipt of the appeal.
If any psychologist has received a letter in the file prior to October 3, 2005 for failing to comply with a strict quota, any reference to such failure shall be immediately removed from the letter. After October 3, 2005 these issues will be included in the workload dispute resolution procedure.