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Fact sheet regarding settled adult education grievances

The UFT and the DOE agreed to resolve a number of grievances regarding the Adult Education Chapter. The stipulation of settlement includes the following:

  • The parties reaffirm their commitment to the contractual Statement of Principles set forth in Article 14A, which states:
    • “The parties agree that their mutual objectives are to support the continuation and expansion of the Board’s adult education programs and to regularize and stabilize the conditions of employment of employees in these programs by encouraging the use of full time personnel wherever possible.”
  • Beginning in June 2018, there will be two placement centers for existing adult education teachers:
    • In 2018, the first placement center will take place on June 27 and the second will take place on July 3.
    • In 2019, the first placement center will take place during the work day/week in June no earlier than June 5 and no later than June 15. The second placement center will take place on the first work day in July.
    • The time of these placement centers will be jointly determined by the Department of Education‟s Office of Adult and Continuing Education (OACE) and the UFT.
    • This provision will “sunset” on the first day of school in the 2019-20 school year unless the parties agree in writing to extend its terms.
  • All hours known to OACE at the time of each placement center, including class hours from those adult education teachers who have officially retired resigned or separated service when such separation is properly reflected in the staffing and budget system of OACE three days prior to the first placement center, must be made available at each placement center.
  • In order for any hours of an adult education teacher who intends to retire or resign between June 1 and Sept. 1 to be available at the first placement center, an adult education teacher must notify OACE by June 1 or three days prior to the first placement center by sending an email to an email address designated by OACE indicating their intention to retire or resign and the effective date. Any adult education teacher who provides such notification and subsequently withdraws or revokes their retirement and will lose their current program hours. If they attend the placement center they will select a new program in order of seniority; otherwise, a program will be provided to them.
  • The first placement center is for teachers who:
    • Want to change their schedules; teachers will notify OACE of the sections they wish to change and that they are planning to attend
    • Need to add hours to complete their schedules after classes have been closed
    • Teachers attending the first placement center will select classes and/or change their schedules in seniority order by license
  • The second placement center is for teachers who:
    • After the first placement center, need additional hours to achieve a total of up to 36 hours
    • Teachers will notify OACE of their plan to attend
    • Additional hours will be selected in seniority order by license and will not be used to change schedules of teachers who already selected at the first placement center, unless classes in that schedule were closed or canceled
    • All available hours known to OACE, including those hours properly reflected in the OACE budget and staffing system three days prior to the second placement center, will be made available at the second placement center
  • Any adult education teacher who currently has over 36 hours before the first placement center has the right to remain at whatever number of hours they had pursuant to the collective bargaining agreement. Any adult education teacher who had 36 or fewer hours prior to the first placement center is capped at 36 hours going forward, with the following exceptions:
    • a) Any adult education teacher who had 36 hours and lost hours to fall below 36 hours for the next year will be permitted flexibility to select additional hours, even if their number of hours add up to 37 or 38 hours if that is the only way to maintain at least 36 hours
    • b) Any adult education teacher who is below 36 hours and who needs flexibility to make a more convenient schedule can go up to 37 hours for the following year, but if they lose hours in the following year they are again capped at 36 unless they fall under Paragraph A
  • OACE teachers who lose a class after the second placement center will be contacted by the DOE within five days of the loss, excluding weekends and holidays, via DOE email to advise them that the class or classes have been closed and offer all available options to make up the lost class hours from all the class hours OACE has available at the time. OACE teachers who lose a class must respond via email or other agreed upon methods to OACE within five days, excluding weekends and holidays, of receipt of the notice listing their choices from the available classes in priority order. Assignment of these makeup class hours will be done in seniority order by license from those who respond. Failure to respond means the OACE teacher will have no input on how to replace those lost hours.
  • Information about "owed hours"
    • No more than seven of the owed hours will be used for monthly faculty meetings of no more than one hour each, excluding the months of September, November and June. The remainder of the owed hours will be evenly divided between paperwork time and professional development. The monthly faculty meetings will be held on the same day and in the same location as professional development. It is understood that adult education teachers are not required to work additional days to attend these faculty meetings. If the above results in monthly faculty meetings/professional development sessions of more than three hours, OACE, in consultation with the UFT will create a schedule of sessions that are no more than three hours each.
  • Adult education teachers with a regularly scheduled program of less than 15 hours, but not including any per diem substitutes, shall be paid at the per session rate or equivalent regardless of the time of day of the scheduled classes.
  • If an adult education teacher is absent and provides notice of that absence by 7 p.m. the night before, the adult education office shall first try to cover that absence by calling a substitute teacher. If no substitute is available, the adult education office may use an out-of-classroom adult ed coach or facilitator to cover the class. If those options are not available, the class may be distributed/combined with other similar adult education classes; the school can use available ATR teachers in the school; or current adult education teachers in the school can be offered the option to cover the absence and be paid the pro-rated coverage rate set forth in Article 7N9 of the teachers' collective bargaining agreement.
  • If notice of absence of an adult education teacher is provided later than 7 p.m. the night before, the school leader may, after exhausting all the options set forth above, also utilize case managers to cover the absence. It is understood that this is the only circumstance under which a case manager may cover a class. This is not meant to preclude case managers from continuing to provide workshops and presentations as part of their regular responsibilities when teachers are present. If an adult education teacher notifies OACE that he/she will be absent for three or more consecutive classes, the option to cover those classes will first be given to current full time adult education teachers working in that particular site. The parties agree that day-to-day per diem substitute teachers will always be paid the per diem rate rather than a per session rate (unless the O/Q rates apply because the teacher is covering a class for an extended period of time).
  • A meeting will be scheduled between a small group of current adult ed teachers, the grievant and representatives of the UFT with the DOE to discuss/consult regarding the issues surrounding the changes made regarding the placement of "low-level students." Present at the meeting will be the superintendent of adult education, the senior superintendent of school support and other DOE representatives. This meeting can either be separate or part of a regular monthly meeting between the Office of Adult and Continuing Education and the UFT designed to address issues of common concern and to work to resolve any of these issues.
Related Topics: Chapter News