ARTICLE SEVEN
May 22, 2006 4:25 PM
B. Intermediate and Junior High Schools
1. Program Preference
By May 1, teachers should be given an opportunity to fill out program preference sheets. Preferences referred to in sub-paragraph a through g below will be honored to the extent consistent with the provisions of this Agreement relating to rotation, seniority and programming.
No later than 10 school days prior to the end of the school year, teachers should be notified of the following:
a. Subjects to be taught;
b. Grades of the subjects to be taught;
c. Any special or unusual classes to be taught;
d. The grade level and special nature, if any, of the official class;
e. The session to which a teacher will be assigned if the school operates on more than one session;
f. The particular special education program designation (e.g. staffing ratio, collaborative team teaching, SETSS, etc.);
g. The age group of special education classes;
h. The professional activity assigned pursuant to Article 7B8 (Professional Activity Options) and Article 7U (Professional Activity Assignment Procedures).
Teacher programs for the following year should be given out no later than five school days before the end of the school year.
It is understood that all information detailed above is to be considered subject to change if necessary because of changes in subject enrollments, staff changes, and programming exigencies.
2. Program Guidelines
Wherever administratively possible, teacher programs should follow these guidelines:
a. Teachers should have at least one unassigned period each day.
b. There should be no more than three consecutive teaching assignments, except for teachers of subjects normally programmed for double periods.
c. There should be no more than four consecutive working assignments (including professional activities).
d. The number of different rooms in which assignments occur should be held to the absolute minimum administratively possible.
e. The number of lesson preparations should be kept at the minimum consistent with the nature of the subject, the size of the department, the special offerings of the department, and special requests of teachers. Classes for gifted, bright, average and difficult pupils should be considered as separate preparations. Within a department, teachers with a full teaching program should be given preference in the assignment of the number of preparations.
f. Only one class per period should be programmed for the library.
3. Rotation
a. In the matters of types of gifted, bright, average and difficult subject classes, the policy of rotation of qualified persons should be followed insofar as possible. It is understood, however, that requests by teachers of industrial arts/technology education and home economics/home and career skills to retain their shop subjects and rooms should be honored when not inconsistent with the needs of the school. The following procedures will apply to shop openings: (1) Teachers of industrial arts/technology education and home economics/home and career skills shall be given an opportunity to apply for a particular shop which becomes vacant. (2) The teacher with the highest seniority in the school from among those who apply shall be given preference if not inconsistent with the needs of the school.
b. In the matter of sessions the policy of rotation should be followed except for unusual circumstances.
c. Each spring the principal and UFT chapter committee shall meet to review the compensatory time positions in the school with the goal of agreeing upon the number of, responsibilities, qualifications, basis for selection and term for compensatory time positions in their school. If no agreement is reached at the school level, the UFT district representative and superintendent shall assist the principal and chapter committee in their goal of reaching such an agreement.
When agreement is reached and ratified by the chapter, the principal shall establish and fill the positions in accordance with the agreement. Only the chapter, not individuals, shall have the right to grieve an alleged violation or misapplication of the ratified agreement.
If no agreement is reached and ratified, the selection process shall be governed by the following:
(1) A list of vacancies for all such non-teaching assignments shall be made available to all teachers in the school in sufficient time to permit written application for such assignments.
(2) Except for compensatory time positions filled as set forth in paragraph (3) or (4) below, seniority in the school shall be the basis for selection among applicants.
(3) Those compensatory time positions which require job-related qualifications shall be filled on the basis of seniority in the school from among applicants who meet the posted job-related qualifications.
(4) The position of programmer shall be filled from among applicants who meet the job-related qualifications for that position, promulgated by the Board after consultation with the Union.
(5) The term of years for the duration of each non-teaching assignment shall not exceed six years.
(6) A teacher who has not had a non-teaching assignment for which there is a list of applicants shall have priority over any other teacher who had such assignment, except that the programmer position in the school is exempt from all contractual rotation requirements. In the case of applicants for positions covered by paragraphs (3) and (4) the job-related qualifications must be met by the applicant.
(7) The term of a non-teaching assignment which is made to fill a vacancy occurring before the end of the school year will be considered as beginning as of the first day of the next school year.
(8) A teacher may relinquish any non-teaching assignment after a minimum period of one year.
(9) A seniority list of the faculty shall be made available for inspection by teachers who wish to make application for a non-teaching assignment.
(10) An applicant for an assignment who does not receive the desired assignment shall, upon request, be given the reasons for not having been selected.
4. Teacher Programs
a. A basic maximum of 25 teaching periods, five preparation periods, and five professional activity periods for teachers shall be established before any other type of program for administrative purposes in which teachers teach less than 25 periods is arranged.
b. In Title I intermediate and junior high schools, the program of 22 teaching periods, eight preparation periods and five professional activity periods will continue as follows: The number of these programs will be fixed in each particular school at a percentage equal to the number of currently contractually eligible teachers or the number of homerooms that existed during the 1996-97 school year, whichever is less compared to the total number of teacher programs. Until such time that there are no longer teachers serving in the school who are eligible for this program and the program ends, a rotation policy shall be in effect for those who are contractually eligible.
In non-Title I schools the same proportion of teaching and preparation time to total scheduled teaching time as presently exists in that school will continue, with a rotation policy established.
In accordance with the LOBA determination and award in Case No. IA-1-85, all Title I junior high school teachers in the following categories shall have no more than five preparation periods a week:
(1) Full-time per annum teachers hired on or after July 1, 1985.
(2) Teachers assigned to a school which after the 1985-86 school year loses its Title I designation, notwithstanding possible redesignation at a later date.
(3) Teachers assigned to a school which was not designated Title I for the 1985-86 school year and is subsequently designated as a Title I school.
(4) Teachers who on or after September 1, 1985 transfer from one school to another, except for those teachers transferring from one Title I school to another Title I school.
c. Teachers in Title I intermediate and junior high schools shall have a maximum teaching load of 25 periods per week. Teachers in non- Title I intermediate and junior high schools shall have a maximum teaching load of 26 periods per week.
d. Teachers assigned to music and health education classes as additional teachers will be programmed for a regular teaching period.
e. “Teaching periods” are those periods in which the teacher is actively involved with the pupil in the act of teaching, either as an individual or as a member of a teaching team, and has participated in the planning of the instruction to be conducted.
f. “Homeroom classes” are those in which children assemble for administrative purposes. The time involved is usually a short period and is known as the “ homeroom period.’’
g. “Preparation periods” are those periods during which the teacher is not assigned to a regularly programmed responsibility. Teachers are expected to utilize their professional preparation time in such manner as to enable them to further their professional work for the purpose of their greater classroom effectiveness.
5. Programs of Teachers of Home Economics/Home and Career Skills and Industrial Arts/Technology Education
a. Home economics/home and career skills and industrial arts/technology education teachers in Title I schools shall teach an average of 23 teaching periods, seven preparation and five professional activity periods. Such teachers will continue to have their classes programmed for double periods whenever practicable.
In accordance with the LOBA determination and award in Case No. IA-1-85, such teachers in the following categories shall teach an average of 25 teaching periods, five preparation and five professional activity periods a week:
(1) Full-time per annum teachers hired on or after July 1, 1985.
(2) Teachers assigned to a school which after the 1985-86 school year loses its Title I designation, notwithstanding possible re-designation at a later date.
(3) Teachers assigned to a school which was not designated Title I for the 1985-86 school year and is subsequently designated as a Title I school.
(4) Teachers who on or after September 1, 1985 transfer from one school to another, except for those teachers transferring from one Title I school to another Title I school.
b. Home economics/home and career skills and industrial arts/technology education teachers in regular junior high schools shall have 26 teaching periods, four professional activity periods, and five preparation periods per week during the school year. Such teachers will continue to have their classes programmed for double periods wherever practicable.
c. Wherever practicable, the following policies should be adopted in the intermediate and junior high schools:
(1) Industrial arts/technology education teachers should teach only in their licensed area.
(2) Industrial arts/technology education teachers should not be assigned to professional activity periods when other shops are in operation.
(3) All shops should be in operation at the same time.
(4) Maximum opportunity for exploration should be accorded all shop pupils.
(5) All shops should be programmed by grade levels and homogeneously.
6. Duty-Free Lunch Period
Teachers will be given a full duty-free period for lunch.
7. Relief from Non-Teaching Chores
a. Teachers will be relieved of study hall service, and work on a school-wide basis related to the handling, distribution, storing, and inventorying of books, supplies and equipment, and duplicating of teaching materials.
b. Teachers will be relieved of the duty of scoring city-wide standardized achievement tests and of preparing absentee post cards and truant slips.
c. Teachers who are relieved of administrative assignments shall not be assigned to teaching duties in lieu of such administrative assignments.
d. Special education teachers shall not be programmed to help children with disabilities on and off buses except as permitted in Article 7B8. However, this shall not prevent their assignment for that purpose in cases of emergency.
8. Professional Activity Options
a. Teachers at all levels must select a professional or administrative activity in accordance with this section and the provisions of Article 7 U (Professional Activity Assignment Procedures). Except as described in paragraph d below, this provision shall not create an additional teaching period, as that term is defined in the collective bargaining agreement.
The menu of activities to be offered to each teacher shall be from among the following:
(1) Small group instruction (not to exceed 10 students)
(2) One to one tutoring
(3) Advise student activities such as clubs, teams or publications
(4) Perform student assessment activities (including portfolios, performance tests, IEPs, ECLAS, etc.)
(5) Professional development/prepare staff development workshops and demonstration lessons
(6) Common planning time
(7) Conflict resolution for students
(8) Cafeteria Duty
(9) Schoolyard Duty
(10) Hallway Duty
(11) AM Bus Duty
(12) PM Bus Duty
(13) Homeroom
(14) Provide inter-disciplinary articulation
(15) Develop multi-cultural curriculum
(16) Develop Programs to integrate technology into the daily life of the classroom
Teachers performing homeroom fulfill the requirement of the professional period. Teachers selecting AM or PM bus duty will use their professional activity period as a preparation period.
Any teacher who wishes to participate in a professional activity not listed on the above menu may, upon approval of the principal, select such an activity.
b. If the UFT chapter and the principal deem it necessary, then an organizational period will be permitted but limited to a few days at the beginning and end of the school term/year, as well as rare occasional meetings during the school term/year, in lieu of homeroom, or in junior high and intermediate schools, such homerooms, if deemed necessary, may be regularly programmed.
c. Such compensatory time positions as dean, programmer and grade advisor may be recreated. All contractual provisions dealing with compensatory time shall remain in place.
d. Provided that these periods are used to supplement, not supplant the current school program, and subject to the specific provisions regarding it, secondary teachers may use this time for a sixth teaching period compensated in accordance with Article 7-0 of the Agreement (Shortage License Areas). The chapter’s concurrence to ensure that this is truly supplemental is necessary.
e. To strengthen school tone and to ensure student safety and discipline, the Union and Board agree that the following compensatory time positions may be established:
(1) In each school the principal shall have the discretion to establish and fill one compensatory time position of lunchroom coordinator to supervise school aides in each lunchroom for each lunch period.
(2) At the secondary level, principals shall have the discretion to establish and fill the compensatory time position of dean, the number of which shall be based upon student enrollment, i.e., up to 1,000 students, one dean; over 1,000 students, two deans.
The above compensatory time positions shall be established and filled without following the procedural requirements that are applicable to other compensatory time positions, such as consultation, approval or voting. Contractual provisions regarding notification and selection of applicants for compensatory time positions shall be followed. This provision shall not result in any teacher being required to work beyond the maximum number of teaching periods provided for in this Agreement. No teacher shall be involuntarily assigned to any of the above compensatory time positions. Resources available to the school shall be maintained at the same level which would be required if the position(s) were not in effect.
9. Teachers of Library
a. Teachers of library shall not be given any administrative assignments.
b. Per diem substitutes employed for library teaching shall be assigned to the library.
10. School Program
The school program will be posted in September in an area accessible to the entire faculty.
C. Elementary Schools
1. Teacher Assignments
a. Early in the spring, time should be devoted at a faculty conference to a discussion of the procedures to be used in making assignments for the coming year. Plans, goals and personnel needs for special programs should also be discussed.
b. At that time, teachers should be given an opportunity to fill out “preference sheets” indicating three preferences in order of priority of grade level and type of class on that level or, in the case of special education teachers, the age range of special education classes and education program designation (e.g. staffing ratio, collaborative team teaching, SETSS, etc.) with the understanding that, where advisable and possible, such preferences will be honored. Teachers should be given an opportunity to discuss their assignment requests with their principal.
c. Effective for the Spring 2006 semester and subsequent school years, teachers in schools with eight period days shall indicate their professional activity preferences pursuant to Article 7C4g (Professional Activity Options) and Article 7U (Professional Activity Assignment Procedures).
d. With regard to requests as to grade level or special assignment (such as IGC), or, in the case of special education teachers, requests as to age range of special education classes, teachers with the highest seniority in the school should be given preference if qualifications for the position are the same.
e. Effective May, 2002, grievances hereunder may be lodged if:
(1) In any year an elementary school teacher fails to be granted one of his/her stated program preferences; or
(2) For two years in succession the elementary school teacher has been denied his/her first priority of program preference.
Any assignment that is grievable shall be reviewed in accordance with the standards applicable to Articles 7C1b and c.
f. Vacancies in special teaching assignments occurring at any time during the year which will extend through the year shall be filled in the same way as vacancies occurring at the beginning of the year, except that this provision shall not apply to vacancies occurring one month before the end of the school year.
g. The Board will prepare and make available in every school, in time for teachers to apply for assignments, an official circular setting forth the uniform system-wide qualifications required for assignment as a teacher of an IGC class.
h. In order to make certain that teachers are not frozen into positions which are relatively easy or difficult, the following procedures should be adopted in making class assignments (other than special assignments, such as IGC) on a particular grade level:
(1) On each grade level, classes should be divided into two categories, difficult and less difficult, in terms of reading achievement. In general, a teacher who has been assigned to a class in the one category for a period of one year should be assigned to the other category for the next year. Teachers who have served in a school for one year or longer should receive assignments for the next school year before June 15.
(2) In the case of IGC classes the policy of rotation every three years of qualified teachers should be followed.
(3) The policy of rotation within the grade should be followed in the assignment of teachers to portable classrooms, annexes, and other out-of-building facilities except for unusual circumstances.
i. A continuous record of teacher assignments should be kept at the school and be made available to chapter leaders.
2. Assignment as OTP
Each spring the principal and UFT chapter committee shall meet to review the types and numbers of OTP positions in the school with the goal of agreeing upon the responsibilities, qualifications, basis for selection and term. If no agreement is reached at the school level, the UFT district representatives and the superintendent shall assist the principal and chapter committee in their goal of reaching such an agreement.
When agreement is reached and ratified by the chapter, the principal shall establish and fill the positions in accordance with the agreement. Only the chapter, not individuals, shall have the right to grieve an alleged violation or misapplication of the ratified agreement.
If no agreement is reached and ratified, the selection process shall be governed by the following:
a. Each year a list of vacancies and the job-related qualifications required for OTP assignments shall be made available to all teachers in the school in sufficient time to permit written application for such assignments.
b. The selection of OTPs will be made from among qualified applicants within the school. Where applicants within the school are equally qualified, the selection will be made on the basis of seniority in the school.
c. Where no applicants within a school are qualified, the selection will be made from among qualified applicants outside the school. Where applicants from outside the school are equally qualified, the selection will be made on the basis of the number of years of teaching service on regular appointment in the school system.
3. New Positions
In selecting teachers for new positions created at or before the beginning of the school year, preference shall be given to members of the staff before applicants outside the school are considered for such positions.
4. Teacher Programs
a. Duty-Free Lunch Period
Every elementary school teacher is to have a duty-free lunch period of 50 minutes.
b. Preparation Periods
(1) All teachers in elementary schools will have five preparation periods per week.
(2) The term “teachers” as used above shall also include teachers of special education classes.
(3) Reading Teachers and Teachers of English as a Second Language shall have the same number of preparation periods as all other teachers in the school.
(4) Preparation periods shall be used for unassigned professional work. Teachers are expected to utilize their professional preparation time in such manner as to enable them to further their professional work for the purpose of their greater classroom effectiveness. Preparation periods shall be used for professional, job-related work which may include but is not limited to preparation for classes, preparation of teaching material, presentation of or attendance at demonstration lessons, participation in teacher training, and conferences with the principal, with other teachers, with guidance counselors or with parents.
c. Relief from Non-Teaching Chores
(1) Teachers will be relieved of the following chores: work on a school-wide basis related to the handling, distribution, storing, and inventorying of books, supplies and equipment, including audiovisual equipment, the duplicating of teaching materials, the collection of money for purposes such as milk and lunch and for school banking, and assisting in the accessioning of library books.
(2) Teachers will be relieved of the duty of scoring city-wide standardized achievement tests and of preparing absentee post cards and truant slips.
(3) Special education teachers shall not be programmed to help children with disabilities on and off buses except as permitted in Article 7C4g. However, this shall not prevent their assignment for that purpose in cases of emergency.
d. Cluster Teacher Program
(1) The term “cluster teacher’’ refers to teaching personnel in the elementary schools who are specially assigned to the teaching of classes in music, art, science, health education, other subjects or the fundamental skills and who are not assigned to a homeroom class.
(2) The cluster teacher’s program shall include twenty 45-minute teaching periods per week.
(3) Where a music teacher participates for a major portion of the period in a teaching capacity during assemblies, the assembly period shall be deemed a teaching period.
(4) The cluster teacher shall have the same number of preparation periods and professional activity periods per week as all other teachers in the school.
(5) The other periods in the cluster teacher’s program shall be devoted to professional activities to be assigned by the principal.
e. Teacher of Library Program
(1) The program of the teacher of library shall include twenty 45-minute teaching periods per week.
(2) The teacher of library shall have the same number of preparation periods and professional activity periods per week as all other teachers in the school.
(3) The other periods in the program of the teacher of library shall be devoted to professional activities related to the library program.
f. Teachers Serving in Special Education Programs
In elementary schools, within the workday set forth in Article 6A of this Agreement, all time in the special education teacher’s program not programmed for teaching periods, preparation periods, professional activity periods, and duty-free lunch periods shall be devoted to appropriate professional activities to be assigned by the principal.
g. Professional Activity Options
(1) Teachers in eight period per day schools must select a professional or administrative activity in accordance with the provisions of this section and Article 7 U (Professional Activity Assignment Procedures). This provision shall not create an additional teaching period, as that term is defined in the collective bargaining agreement.
The menu of activities to be offered to each teacher shall be from among the following:
a) Small group instruction (not to exceed 10 students)
b) One to one tutoring
c) Advise student activities such as clubs, teams or publications
d) Perform student assessment activities (including portfolios, performance tests, IEPs, ECLAS, etc.)
e) Professional development/prepare staff development workshops and demonstration lessons
f) Common planning time
g) Conflict resolution for students
h) Cafeteria Duty
i) Schoolyard Duty
j) Hallway Duty
k) AM Bus Duty
l) PM Bus Duty
m) Homeroom
n) Provide inter-disciplinary articulation
o) Develop multi-cultural curriculum
p) Develop Programs to integrate technology into the daily life of the classroom
Teachers performing homeroom fulfill the requirement of the professional period. Teachers selecting AM or PM bus duty will use their professional activity period as a preparation period.
Any teacher who wishes to participate in a professional activity not listed on the above menu may, upon approval of the principal, select such an activity.
(2) Such compensatory time positions as dean, programmer and grade advisor may be recreated.
(3) To strengthen school tone and to ensure student safety and discipline, the Union and Board agree that in each school the principal shall have the discretion to establish and fill one compensatory time position of lunchroom coordinator to supervise school aides in each lunchroom for each lunch period;
The above compensatory time position shall be established and filled without following the procedural requirements that are applicable to other compensatory time positions, such as consultation, approval or voting. Contractual provisions regarding notification and selection of applicants for compensatory time positions shall be followed. This provision shall not result in any teacher being required to work beyond the maximum number of teaching periods provided for in this Agreement. No teacher shall be involuntarily assigned to any of the above compensatory time positions. Resources available to the school shall be maintained at the same level which would be required if the proposal were not in effect.
