ARTICLE SEVEN
May 22, 2006 4:25 PM
D. K-8 Schools
K-6 teachers in K-8 schools shall have the same teaching schedule as that of elementary school teachers in the K-6 schools.
Seventh and eighth grade teachers in K-8 schools shall have the same program as teachers in the junior high schools.
E. Programs which Serve Students from More than One School
Selection for teaching assignments in programs which serve students from more than one school shall be made from among qualified applicants after posting the job description and qualifications for the position. Such posting shall be in each school in the district for programs serving students in the district. If the program serves students from more than one district, the posting shall be in all schools in the system. Upon completing service in the program, the teacher shall be returned to his/her school and shall take his/her place on the seniority lists.
F. Special Education Positions and Assignments
1. Resource Room and SETSS Positions
a. Vacancies in Resource Room and SETSS positions in high schools, junior high schools, intermediate schools and elementary schools will be advertised within the school. If there are no qualified regularly appointed applicants, the position will be advertised in the high school superintendency or community school district. If no regularly appointed qualified teachers apply for the position, it will be offered to a qualified substitute in the school who applies before filling the position with a qualified substitute from outside the school.
b. A resource room teacher or SETSS teacher who returns from a leave of absence within one year of commencing the leave will be placed in a resource room or SETSS position in the school in accordance with his/her seniority as determined pursuant to Rule 3-D of Article 17B.
c. Effective September, 2002, if and when a resource room position is eliminated, the incumbent resource room teacher will be given the opportunity to become a SETSS teacher. If the resource room teacher opts for a SETSS position, that teacher will be placed in seniority order with all other SETSS teachers in the school.
If no SETSS vacancy exists in the school, that teacher will be given the opportunity to be placed in a SETSS vacancy in the district/superintendency. If the teacher chooses not to accept a SETSS vacancy in the school or district/superintendency or if no vacancy exists, the teacher will be placed in a position in license in the school in accordance with the teacher’s seniority.
SETSS vacancies not filled in the manner above are to be posted in accordance with Article 7F1a.
2 IEP/Special Education Teachers
a. IEP/special education teachers shall be programmed for a specific number of periods (minimum of 5 per week) for (i) preparing for and attending the IEP meetings of children initially referred to special education, and (ii) coverage of other special education teachers’ classes so that they may attend the IEP meetings for their students for requested reevaluations and triennial evaluations. The number of periods per week for the tasks described in (i) and (ii) shall be based upon a workload allocation created by the Department, prior to the beginning of each school year. The Board will consult with the Union by May 15 of any school year if it plans to change the workload allocation or the number of schools for the following school year.
b. In the event that the activities described in 2(a)(i) and (ii), above, are not sufficient, in a given week, to fill the periods programmed for such activities, the principal may assign the teacher to one or more of the tasks described in paragraph 2(c)(i)-(v), below.
c. The balance of the teacher’s schedule not programmed for the tasks described in 2(a)(i) and (ii), above, will be programmed, in the discretion of the principal, for (i) instruction of students with disabilities (e.g., SETSS, Collaborative Team Teaching or part-time special education classes), (ii) individual and group instruction for identified special education or identified general education students at risk of academic failure; (iii) participating in Pupil Personnel Team/Instructional Support Committee meetings; (iv) providing interventions recommended by the Pupil Personnel Team/Instructional Support Committee; and (v) administration of curriculum-based assessments for “at-risk” general education students. The teacher filling this assignment will not be used as a substitute or be part of the regular coverage pool unless s/he volunteers for such duty. In the event that an uncovered class exists, the teacher filling this position will only be assigned to the class if those teachers in the regular coverage pool (teachers on preparation period or professional period) have been assigned for that period.
d. Teachers filling this assignment will have scheduled prep, lunch and professional activity periods as provided in this agreement.
e. The assignment described in subparagraphs (a)-(d) above will be assigned in the same manner as other regular teaching assignments pursuant to existing contractual rules. Special education teachers will have the opportunity to declare a preference for this assignment.
f. Notwithstanding (e) above, special education teachers who served as education evaluators during the 2002-2003 school year (or were on leave or sabbatical during that year) will have a preference for this assignment in each year that it exists, in whatever form that it exists, as more fully set forth in the Memorandum of Agreement between the parties dated October 28, 2003, which is incorporated herein by reference. In the event such education evaluator does not exercise such right, or exercises such right but later gives up this assignment, s/he will have the same rights as any other special education teacher to apply for the assignment
3. Other Special Education Assignments
Except as otherwise provided in this Agreement, selection for special teaching assignments, including but not limited to Special Education Teacher Support Services vacancies, collaborative team teaching and part-time special classes or combinations thereof, and for non-teaching assignments in special education programs shall be made from among qualified applicants after posting the job description and qualifications for the position. Collaborative team teaching positions shall be posted for both the general education teachers and the special education teachers. Such posting shall be in such places as will provide a fair opportunity for qualified teachers to apply for the assignments.
4. Teachers Serving in the School for the Deaf
The weekly programs of teachers in the School for the Deaf shall consist of the following, as may be applicable:
(a) Teachers of prekindergarten and elementary levels in the School for the Deaf will have five preparation periods per week.
(b) Teachers of the junior high school level in the School for the Deaf will have a weekly program of 25 teaching periods, five preparation periods and five professional activity periods.
(c) Teachers in the School for the Deaf will be entitled to a duty-free lunch period of 50 minutes.
(d) In the event of a reduction in staff in junior high school classes in schools for the deaf, teachers serving out of license shall be the first to be reassigned to elementary school classes. Teachers out of license with the least seniority in the school shall be the first to be so reassigned.
G. Non-Public School Teachers
In June, teachers serving in the non-public schools program shall be informed of the new or vacant full positions in the program and the qualifications therefor, and their timely application for assignment to such positions shall be considered and granted on the basis of their seniority in the program, provided they meet the qualifications.
H. Split Assignments
Upon request, a teacher serving in a split assignment shall be reassigned in accordance with his/her layoff seniority to a full position in the district or superintendency or program before a newly hired employee. Such reassignment shall be effectuated at the next reorganization.
I. Interim Acting Supervisory Positions
Notice of vacancies for interim acting supervisory positions shall be posted in each school. The notice will include the requirements for the position, or, if this is not possible, a clear indication of the place where the requirements may be obtained. Applicants who meet the requirements for the position shall be entitled to be interviewed for the position.
J. City Hall Academy
1. Visiting teachers’ preparation periods will be scheduled at the end of the school day. Visiting teachers may, at their option, travel to and from CHA with their students on Board-provided buses.
2. Resident teachers can be returned, at the end of each school year, to their prior schools at the option of either the employee or the Board. Mid-year transfers will not be permitted without the consent of the Board.
3. The Board shall provide for substitute teacher coverage for the resident teachers and intends that such coverage will be provided by part-time teachers regularly staffed to CHA
4. The UFT Chapter Leader for CHA will conduct union business during his or her scheduled professional activity periods.
K. City-Wide Special Education (District 75)
1. Program Preference
a. Junior High Schools and Intermediate Schools
By May 1, teachers, should be given an opportunity to fill out program preference sheets. Preferences referenced in sub-paragraphs (1) and (2) will be honored to the extent consistent with the provisions of this Agreement applicable to special education teachers.
No later than ten (10) school days prior to the end of the school year, teachers should be notified of the following:
(1) The particular special education program designation (e.g. staffing ratio, collaborative team teaching, SETSS, etc.);
(2) The age range of special education classes;
(3) The professional activity assigned pursuant to Article 7K3 (Relief from Non-Teaching Chores and Professional Activity Options) and Article 7U (Professional Activity Assignment Procedures).
Teacher programs for the following year should be given out no later than five (5) 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.
b. Elementary Schools
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.
At that time, teachers should be given an opportunity to fill out preference sheets indicating three preferences in order of priority of:
(1) The age range of special education classes;
(2) The particular special education program designation (e.g. staffing ratio, collaborative team teaching, SETSS, etc.);
(3) For 8-period schools, the professional activity selected pursuant to Article 7K3d.
With regard to requests as to age range of special education classes, teachers with the highest excessing seniority as calculated in Article Seventeen should be given preference if qualifications for the position are the same.
Where advisable and possible preferences pursuant to (2) above will be honored and teachers should be given an opportunity to discuss these assignment requests with their principal or supervisor, as appropriate.
Preferences pursuant to (3) above will be assigned in accordance wih Article 7U below.
c. Separate Special Education Settings
Teachers in separate special education settings (except as otherwise provided) shall be entitled to exercise program preferences in accordance with the contractual provisions applicable to special education teachers in elementary, junior high school, intermediate school, or high school special education departments who teach pupils of the same level.
d. HES and VES Programs
Early in the spring, HES and VES teachers and HES and VES related service providers should be given an opportunity to express a preference for borough, special education program and level with the understanding that where advisable and possible such preferences will be honored.
For HES teachers, the special education programs are currently HES itinerant/related service providers, SETSS and staffing ratios.
For VES teachers, the special education programs are currently VES itinerant/related service providers, SETSS and staffing ratios.
With regard to requests as to special education program HES and VES teachers and HES and VES related service providers with the highest excessing seniority as calculated in Article 17 should be given preference if qualifications for the position are the same.
2. Teacher Programs
a. Teachers Serving in Schools Together with Non-Special Education Teachers
(1) All teachers in elementary schools will have five preparation periods per week.
(2) 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.
In Title I intermediate and junior high schools the program of 22 teaching periods, eight (8) preparation periods, and five (5) 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 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:
(a) Full-time per annum teachers hired on or after July 1, 1985.
(b) Teachers assigned to a school which after the 1985-86 school year loses its Title I designation, notwithstanding possible redesignation at a later date.
(c) 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.
(d) 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.
Special education teachers serving in Title I intermediate or junior high schools together with non-special education teachers shall have a maximum teaching load of 25 periods per week.
Special education teachers serving in non- Title I intermediate or junior high schools together with non-special education teachers shall have a maximum teaching load of 26 periods per week.
(3) Where special education teachers work in a high school, they will have five preparation periods per week.
(4) Special education teachers serving in schools together with non-special education teachers will have daily, a duty-free lunch period of 50 minutes in elementary schools or equal in length to the period of time provided for all other teachers in the school in intermediate, junior high and high schools. Such lunch periods shall be scheduled to begin no earlier than 11 a.m. and to end no later than 1:30 p.m.
(5) Where special education teachers teach pupils of junior high school or high school level, the special education teachers’ programs shall include five professional activity periods per week.
(6) In elementary schools, within the work day set forth in Article 6A of this Agreement, all time in the special education teachers’ programs not programmed for teaching periods, preparation periods, professional activity and duty-free lunch periods shall be devoted to appropriate professional activities to be assigned by the principal.
b. Teachers Not Serving in Schools Together with Non-Special Education Teachers
(1) Teachers Serving in Separate Special Education Settings
Except as otherwise provided herein, all teachers who serve in separate special education settings will have five preparation periods per week and a daily duty-free lunch period of 50 minutes.
(2) Teachers Serving in Certain Special Education Programs (Formerly Special Day Schools, Day Treatment Centers, or Institutional Settings)
(a) The following shall apply to those teachers serving severely emotionally handicapped students in all self-contained special education schools, buildings, annexes or sites (which would formerly have been designated day schools or day treatment centers) or in institutional or agency settings for the severely emotionally handicapped:
i. Their weekly program shall consist of 22 teaching periods, eight preparation periods and five professional activity periods.
ii. They will have a daily duty-free lunch period equal in time to a period in the school.
iii. Teachers will be relieved of routine school-wide clerical duties, of the duties of assisting in the distribution, collection and inventorying of textbooks and supplies, and of related duties not involving children in the normal program of the school. This provision shall apply to institutional schools, where feasible.
iv. Such teachers who escort pupils to a public conveyance at the end of the school day shall not be required to return to the school building except for scheduled conferences.
v. No class shall exceed 15 pupils except as specified in Article 7M3.
vi. The provisions of Article 7B1 shall apply except in institutional settings.
(b) When a vacancy exists in a center cluster or school cluster, announcement of such vacancy shall be made. Applicants will apply to the head of the school for assignment to the position. The selection will be made from among qualified applicants. When applicants are equally qualified, the selection will be made on the basis of seniority in the school.
c. Teachers of the Homebound
The weekly programs for teachers of the homebound shall be defined as follows:
(1) Such teachers shall work a six-hour and fifty minute day and the maximum number of pupils assigned to teachers of the homebound shall be six, to the extent permitted by the budget. Effective February 2006 teachers of the homebound shall have their work days extended by 10 minutes, and report the Thursday and Friday before Labor Day and Brooklyn-Queens Day for professional development.
(2) Teachers of the homebound shall be allowed 45 minutes for duty-free lunch daily, exclusive of travel time.
(3) There shall be a policy of consultation with teachers of the homebound concerning their assignments and there shall be a policy of rotation of such assignments.
d. Resource Teachers or Itinerant Teachers
(1) Resource teachers and itinerant teachers will have preparation periods in the same number as for all other teachers in the setting where they serve the majority of their time.
(2) Resource teachers and itinerant teachers will be given daily, a duty-free lunch period of 50 minutes, or of such time as is equal to a period in the setting where they work, to be determined by the lunch period in the setting where the teacher serves on the particular day.
3. Relief from Non-Teaching Chores and Professional Activity Options
a. The same relief from non-teaching chores provided in this Agreement for other teachers will be applicable to all special education teachers who teach pupils of the same level.
b. Special education teachers shall not be programmed to help children with disabilities on and off buses except as permitted by subparagraph d below. However, this shall not prevent their assignment for that purpose in cases of emergency.
c. Special education teachers shall have the same number of professional activity periods during the year as all other teachers who work on the same level in the school or in the special education setting.
d. Teachers at all levels must select a professional or administrative activity in accordance with the provisions of this section and Article 7 U (Professional Activity Assignment Procedures). Except as described in sub paragraph g 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.
e. 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 homeroom if deemed necessary, may be regularly programmed.
f. Such compensatory time positions as dean, programmer and grade advisor may be recreated. All contractual provisions dealing with compensatory time shall remain in place.
g. 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.
h. 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; and
(3) In high schools, principals shall have the discretion to establish and fill one compensatory time position of programmer.
The compensatory time positions listed in this subsection 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.
4. Assignments
a. Except as otherwise provided in this Agreement, selection for special teaching assignments and for non-teaching assignments in special education programs shall be made from among qualified applicants after posting the job description and qualifications for the position. Such posting shall be in such places as will provide a fair opportunity for qualified teachers to apply for the assignments.
b. Teachers of the visually handicapped shall be informed of vacancies arising in the itinerant teaching program, and vacancies shall be filled by qualified applicants within the license. Where applicants are equally qualified, the selection will be made on the basis of seniority in the license.
c. In the event that a class in a hospital or other institution is closed, the teacher of the class shall be given a choice of existing appropriate vacancies within the school. Should no vacancies exist, the teacher should be assigned to the class of the teacher in excess.
d. 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 ensuing year. Plans, goals and personnel needs for special programs should also be discussed.
e. Where it is the practice in a school to dismiss pupils during schoolwide or city-wide examinations, teachers of special education classes shall also have their classes dismissed when special education examinations are scheduled at the same time as school-wide or city-wide examinations.
f. Where HES teachers, HES related service providers, VES teachers, VES related service providers or homebound teachers are reassigned out of the borough of their current assignment due to a contraction which occurs at a reorganization, the teacher or related service provider with the least excessing seniority in the license will be reassigned out of the borough. Where such contraction occurs at a time other than a reorganization the teacher with the least excessing seniority in the license will be reassigned out of the borough except where that would be disruptive to the educational program.
5. Cluster Schools
Teachers serving in a cluster school shall have retention rights at their site, subject to the following:
a. If staffing needs within the cluster school require contracting the staff at one site and expanding staff at another site, the Board will first seek volunteers who wish to transfer from the contracting site to the expanding site.
The senior qualified volunteer, based on excessing seniority, shall be selected. If no qualified volunteer exists, the Board will transfer the junior teacher, based on excessing seniority, who qualifies for the position.
b. If demonstrated needs require the Board to temporarily transfer a teacher to another site during the school year, the Board will inform the teacher of the reason for the temporary transfer. The teacher so transferred is entitled to return to his/her former site at the next reorganization in accordance with his/her excessing seniority.
L. Speech Improvement Teachers[1]
1. Special Assignments
Where feasible, newly created speech improvement teaching positions will be announced in sufficient time to permit written applications for such positions. Such positions will be posted first in the community school district, District 75 program or high school superintendency, as appropriate. If no qualified teacher applies, the position will be posted on a city-wide basis. Criteria for assignment to the positions will be prepared. Where qualifications of applicants for a position are the same, the selection will be made on a basis of seniority of applicants in the Speech Improvement license.
2. Certificate of Clinical Competence
The Board and the Union established a task force to explore the feasibility of accommodating the needs of candidates for the certificate of clinical competence (CCC) to work with a holder of the CCC. The task force reported its findings and recommendations which provide the basis for the Board’s program.
3. Selection and Retention of Assignments
a. A list of anticipated school sites in the district with a description of the programs (e.g., staffing ratio, collaborative team teaching, SETSS, etc.) anticipated to be served at those sites shall be made available by April 15. This should include full time equivalent positions (FTE) filled by contract agency personnel. By May 1, speech improvement teachers should be given the opportunity to fill out “preference sheets” indicating three preferences in order of priority for the school sites. Where advisable and possible, such preferences will be honored. The speech improvement teacher’s seniority should be one of the factors considered in determining the assignment of the speech improvement teacher to a school site. Program preferences are subordinate to the exercise of retention rights to an assignment in a school.
b. A CPT or appointed speech improvement teacher’s request to be retained in his/her school will not be unreasonably denied unless the appropriate Board of Education official can demonstrate there are compelling reasons for the denial.
Where there are more than two speech improvement teachers in a school, the senior teacher will be given preference unless the appropriate Board of Education official can demonstrate there are compelling reasons for the denial. Teachers returning from sabbaticals or leaves of absence of less than two years will be returned to the schools where they were assigned in accordance with their seniority. All reasons for denial of the teacher of speech improvement’s preference will be done in writing.
c. Unfilled positions, and positions
filled by contract agency staff and uncertified teachers of speech improvement
(PPTs) which are full time speech improvement teacher positions (whether the
assignment is to a single school or more than one school) are to be advertised for
transfer. Although the number of
vacancies and the anticipated locations shall be posted, and the speech
improvement teacher may choose specific positions, the transfer is to the
district, not to a particular position.
