March 27, 2020

The Berryessa Union School District (“District”) and Berryessa California Teachers (“Association”) enter this Memorandum of Understanding (“MOU”) regarding the school closure related to COVID-19.

The Parties recognize there is a need to close schools (“emergency school closure”) and move to an alternative learning plan to allow for social distancing as recommended by public health officials in order to prevent the spread of illness arising from the coronavirus during the 2019-2020 school year.

The Governor’s Executive Order N-26-20 requires districts to:
Continue delivering high-quality educational opportunities to students to the extent feasible through, among other options, distance learning and/or independent study.

  1. The parties affirm the continued application and uninterrupted implementation of the Collective Bargaining
    Agreement (CBA). This includes affirmation that unit members’ compensation and benefits shall not be
    reduced as a result of the emergency school closure. Unit members who coach, or have agreements to
    coach, or receive other stipends, shall be paid their full stipends in accordance with the collective
    bargaining agreement. Overage payments shall continue. Working remotely does not affect a unit
    member’s status as a District Employee.
    The following provisions of the CBA are modified as follows for COVID19:
  2. Working Remotely – Unit members shall work remotely for the duration of the emergency school closure
    and shall not be required to report to their worksite while their worksite is closed to students. Unit members
    are to be available to administration, parents/guardians, and students, to the extent possible via work
    email. Unit members may elect to respond by email, phone, or other means. Unit members shall not be
    directed or required to report to their worksite while their worksite is closed to students, except to pack up a
    classroom for a personal move outside the district or retirement, and/or to attend any unit member work
    day(s) immediately prior to the re-opening of school (if within 2019-20 school year). It is recommended the
    unit members utilize *67 to block their personal phone numbers.
  3. Both parties acknowledge the need for flexibility in the scheduling of meetings. Teachers will participate in
    remote scheduled meetings with site administration, District administration, and department/ grade level
    teams. There shall be no more than one required meeting per week. All educators and administrators will
    endeavor to make meetings as efficient as possible and to provide information in writing when appropriate
    in order to provide as much time as possible for unit members to create distance learning programs.
  4. Distance Learning – Distance learning shall be provided to students and may include enrichment,
    engagement, review, and exposure to new standards-based content. Teachers will continue to have
    academic freedom and the professional responsibility to determine the best way for their students to
    continue learning. At the option of the unit member, based on their professional judgment, technological
    capacity, and position, the unit member can opt to deliver Distance Learning via District system platforms,
    other online platforms, email lessons, or other means. By way of example only, this can be distance
    learning via technology or paper-based activities, including use of regular workbooks/materials from the
    adopted curriculum, if already in students’ current possession or if available online.
    If the unit member chooses to use online learning, the unit member shall use District system platforms (ie:
    Google Classroom) and/or other methods already established in their classroom prior to the school
    closures. Unit members will be provided optional training and may request additional training for the use of
    technology for the purposes of distance learning.
    The activities provided will not require summative assessments or grading until there is guidance from the
    Santa Clara County Office of Education and/or California Department of Education guidance. If such
    guidance is not received by May 1, 2020, the District will provide guidance regarding student grades to
    ensure students are held harmless under the current COVID-19 climate.
    Unit members shall not be required to submit lessons via video, either recorded or live, to administration or
    students. Unit members have professional discretion to interact with students via live video abiding by the
    Telecommunications – Use Agreement (Electronic Information Resource Agreements), Board Policy 4040
    Employee Use of Technology, and Board Policy 4219.21 Professional Standards. Unit members will have
    access to training regarding the safeguards when engaging with video platforms.
    Unit members are not required to utilize personal devices, internet, or data plans in order to provide
    Flexible Learning nor are unit members required to provide such instruction in a manner which might
    reasonably threaten their personal privacy.
  5. Special Education – The parties agree to meet in person or remotely as needed to address implementing
    guidance from the California Department of Education as well as the United States Department of
    Education in order to provide equitable and appropriate education for students with special needs.
  6. Evaluations – Evaluations shall be completed not later than 30 days before the end of the 2019-2020
    school year (May 5, 2020) and shall be finalized based on the observations, data, etc. gathered prior to the
    closing of schools subject to the following exception. Based on individualized circumstances, upon unit
    member request and with the written agreement of the unit member’s evaluator, the 2019-2020 evaluation
    cycle may be carried over to be completed in the 2020-2021 school year in a manner agreed to by the
    evaluator and member. If such agreement is not achieved, the “Problem Solving Procedures” in section
    15.13 of the CBA shall apply.
    All timelines and deadlines related to teacher support plans – formal, informal or by any other designation –
    shall be and are hereby suspended. Resumption of such plans shall be agreed to by the evaluator and the
    affected unit member when schools are reopened for regular student instruction. If such agreement is not
    achieved, the “Problem Solving Procedures” in section 15.13 of the CBA shall apply.
    Unit members shall not be evaluated on the manner and means with which they engage in distance
    learning during the period of school closure and as addressed in this MOU. Rather, teachers shall be held
    to the same standards of professionalism they have always aspired to meet and which applied prior to
    school closure.
  7. Discipline – As stated above, Article 8 of the CBA (“unit members shall not be disciplined without just
    cause”) remains in full force and effect.
  8. Waiver – The District shall submit a “certification” pursuant to Education Code section 41422 as provided
    on the Governor’s Executive Order N-26-20 (paragraph 4) and take any other legal actions available in
    order to mitigate the loss of ADA funding.
    Unit members shall not be individually liable and shall be held harmless and indemnified by the District
    according to law for Distance Learning.
  9. Reopening Schools – Upon the State/County/District determination that schools are safe to re-open, a
    minimum of one day on the established unit member work calendar shall be designated as a workday for
    all unit members immediately prior to the resumption of student attendance. The District shall ensure to the
    best of its ability subject to available product resources, including hand sanitizer, that all school sites are
    adequately sanitized before unit members return and shall ensure that all sinks (including those located in
    staff break rooms, all bathrooms, cafeterias/kitchens, classrooms, and janitorial closets) are functioning
    with hot water and kept stocked with soap and paper towels. Hand sanitizer shall be provided for every
    classroom without a sink, workroom, workstation (for those unit members who do not have a traditional
    classroom), office, and cafeteria.
  10. Adjunct Duty – Unit members shall not be required to make up adjunct duty or committee assignments
    missed as a result of the emergency school closure. Adjunct duty, district and/or site committees scheduled
    during the closure are canceled and will not be rescheduled.
  11. Leaves – Unit members who have been exposed to the coronavirus and are required to be quarantined,
    “sheltered in place,” or who self-quarantine based on medical advice or governmental
    recommendations/directives shall remain in paid status and not have days deducted from the member’s
    sick, personal, or extended illness leave for the duration of their illness. This provision shall take effect
    beginning March 16, 2020.
  12. Assignment, Transfer, and Filling of Vacancies– All provisions of this article shall be followed.
  13. In the event the State of California deems the need for alternative requirements for schools in response to
    COVID-19, the parties agree to immediately initiate negotiations on the negotiable impacts.
  14. The parties share joint interests in keeping communications open and working collaboratively for the
    benefit of students, staff, and the District community as events continue to unfold during the coronavirus
  15. The Parties understand the coronavirus (COVID-19) pandemic situation is very fluid and
    mutually agree to review the provisions of the MOU, as necessary.
  16. This MOU resolves the negotiable effects of school closures due to the coronavirus (COVID-19). The
    District and/or Association reserve the right to negotiate any additional impacts and/or additional school
    closures in the 2019-2020 school year.
    This MOU shall expire in full without precedent on June 30, 2020, or at the conclusion of the District/school
    closures due to coronavirus crisis, whichever occurs first, unless extended by mutual written agreement.
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