MEMORANDUM OF UNDERSTANDING BETWEEN BERRYESSA UNION SCHOOL DISTRICT AND CALIFORNIA TEACHERS ASSOCIATION (CTAB) School Closure Related to Coronavirus-19/COVID-19

August 10, 2020 

The Berryessa Union School District (District) and the California Teachers Association of Berryessa (“Association”) enter this Memorandum of Understanding (“MOU”) regarding the impacts and effects of the temporary school site closures related to a COVID-19 environment. 

In preparation for the 2020-21 school year, the parties recognize the need to address the district’s learning environment and instructional model given the continuing pandemic. It is in the mutual interest of the parties to abide by the recommendations of public health officials to prevent illness and further spread the virus. The parties recognize that schools are critical to daily life and that collaboration between local public health, education officials, and educators is the best means to determine and balance competing concerns surrounding school reopening decisions. 

The Parties recognize that beginning the 2020-2021school year with a full time distance learning model for students and staff is necessary as a result of an order or guidance from the office of the Governor, California Department of Public Health (CDPH), and Cal OSHA (July 17, 2020). In any event, the District will operate within the guidance or orders issued by these entities during the term of this Agreement. 

Compensation and Benefits 

1. Unit members shall not suffer a loss of wages, salary, pay, or fringe benefits during the temporary school closure according to rights afforded to them by the collective bargaining agreement. 

2. If any portion of extra-curricular duties/stipends can be performed remotely, bargaining unit members shall receive all stipends and/or additional pay. Administration approval is needed for extra duties/stipend. 

Leaves 

3. Paid sick leave and expanded family and medical leave are provided to employees for specified reasons related to COVID-19 under the Families First Coronavirus Response Act (FFCRA). The District shall notify employees of available leaves and bargaining unit members shall receive all leaves under State and Federal laws for which they are eligible. These provisions will apply from April 1, 2020 through December 31, 2020. 

The Families First Coronavirus Response Act summary is attached. If the FFCRA is extended, the District will implement the new provision(s). 

4. If a bargaining unit member is taking a leave under the FFCRA, then the bargaining unit member may elect, by notifying the District in writing, that the bargaining unit member wants to supplement the amount of pay they receive under the FFCRA by using paid sick leave time to receive 100% of their regular pay. 

Working Remotely 

5. Bargaining unit members may work from home and may, but are not required, and shall not be directed to work from their school sites pursuant to the conditions of this MOU. All bargaining unit members will follow the same Distance Learning schedule for their grade level. 

6. Bargaining unit members shall respond to parents and students accordingly through video, email, or phone. Should parents or students need to speak to a unit member who is working remotely, they will email the unit member, and the unit member shall call via telephone at a mutually agreeable time. It is recommended the unit members utilize [*67] to block their personal phone numbers or register online for a free Google Voice number. 

7. Bargaining unit members working remotely shall perform professional duties equivalent to their assignment prior to March 16, 2020, when Distance Learning was implemented due to COVID-19. 

8. In relation to District-wide distribution of student materials, unit members will not be required nor directed to assist with these tasks. 

Access to Worksites 

9. Under the distance learning model, bargaining unit members may access and work from their classroom/worksite during regular school hours as they deem necessary. In the event a bargaining unit member reports to a district worksite, they shall be responsible for following all public health guidance and orders. Bargaining unit members who wish to access their classrooms during regular work hours will notify administration if they occupied a classroom, bathroom, or any common area. 

a. All State and local health orders and safety guidance will be followed. Each bargaining unit member using their classroom as a workspace will be provided masks, soap/hand sanitizer, paper towels, disinfecting spray, and upon, request gloves. Social distance requirements must be followed, and masks must always be worn. 

b. The district will ensure that common areas and classrooms are disinfected daily based on CDPH guidelines and Cal OSHA guidelines. 

c. When bargaining unit members are in their classroom/workspace, no other individual shall enter without prior notice/permission. 

d. Bargaining unit members may “meet” virtually using Zoom or similar programs. 

e. Each bathroom will have water, soap, paper towels, materials to wipe down handles, and liners for toilets. If a bathroom has been used, the custodial staff will sanitize the bathroom daily. 

Distance Learning 

10. Teachers will follow the “Distance Learning Schedule” which is attached and incorporated into this proposal. Implementation of the DL Program shall comply in all respects with the requirements of Senate Bill 98 (Education Code section 43500 et seq.). 

11. For the purpose of this MOU, “distance learning” means instruction in which the student and instructor are in different locations and students are under the general supervision of a unit member and may include, but not limited to: 

a. Interaction, instruction, and check-ins between teachers and students through the use of a computer or communications technology 

b. Video (Zoom or Google Meet) as the primary mode of communication between unit member and students 

c. Print or digital materials incorporating assignments that are the subject of written or oral feedback. 

12. Distance learning will include daily live interaction between the teacher and student peers for the purposes of instruction, progress monitoring and maintaining school connectedness. Daily live instruction/interaction shall be equivalent to District in- person instruction/interaction and shall include the following activities. These instruction/interaction activities may occur over the course of the instructional day and week, within the Distance Learning schedule, as determined by the teacher: 

a. Daily morning community meeting for all students

b. Provide students and families an agenda/assignments for the day (or week)

c. New curriculum content

d. Curriculum review and practice (ie. Independent work, projects, completing assignments etc.)

e. Diagnostic (and ongoing, formative and summative) assessment

f. Small group instruction

g. Whole group instruction 

h. Daily end of day afternoon community/closing (TK-5) 

13. Bargaining unit members shall use their professional judgement regarding the implementation of daily live interaction (internet or telephonic) and delivery of instruction. 

14. Unit members will adhere to the District content aligned grade level standards that are provided at a level of quality and intellectual challenge substantially equivalent to in-person instruction. 

15. Unit members shall deliver distance learning through District prescribed platforms, (i.e., Google Suite, SeeSaw). 

16. Under the distance learning model, bargaining unit members shall be responsible for planning appropriate standards-based instruction, responding to parents and students in a timely manner, supporting diverse learners, regularly monitoring student work completion and participation, providing students feedback, and reporting non- participation to the site administrator/designee for additional outreach and follow up. 

17. The District and the Association will collaborate to provide academic and other supports in distance learning that are designed to address the needs of pupils who are not performing at grade level, have IEPs and/or 504s, or need support in other areas, such as English learners, pupils with exceptional needs, pupils in foster care or experiencing homelessness, and pupils requiring mental health supports. 

18. The District will be responsible for distribution and collection of Emergency Contact Forms, Acceptable Use Forms which include the District’s online etiquette agreement (Family Guide to Distance Learning), and all other required District forms. 

19. Students will only be permitted to participate in any live interaction (internet or telephonic communication via video, email, web links, etc.) after the District has secured the District’s Acceptable Use Forms and online etiquette agreement (Family Guide to Distance Learning). 

20. Unit members will provide developmentally appropriate reminders and warnings about expected behaviors and established practices on progressive student discipline prior to reporting inappropriate student behavior to parents and if necessary, administration. When students are reported to administration, the administrator shall update the bargaining unit member of actions taken, before the next class period, or within twenty- four (24) hours, whichever occurs first. 

21. Bargaining unit members acting within the course and scope of their duties and consistent with all requirements to maintain appropriate adult-student boundaries and interactions shall be held harmless/not disciplined for any inappropriate online behavior by a student or other participant. 

22. Bargaining unit members will not be required to conduct recorded video of themselves providing instruction. 

23. In order to provide access and support for bargaining unit members, administrators shall make themselves available and be responsive to their staff needs in a timely manner (within 24 hours). 

24. Administration may “join” a class, but shall not disrupt the lesson. Administration will make every effort to give advance notice (by beginning of work day) of “joining” a class to limit distractions. 

25. It is the responsibility of the District to provide coverage/substitutes for bargaining unit members who are unavailable to work for any reason/duration. Bargaining unit member’s passcodes shall not be provided to substitutes. Emergency lesson plans shall be provided electronically to administration. 

Special Education 

26. Regular practices of IEP, SST, 504, etc. meetings and scheduling will resume. Meetings shall be held virtually. Bargaining unit member attendance shall be by video/phone/audio. Visual attendance is optional. Virtual tools shall be used to hold any necessary IEP meetings and to meet and collaborate on a student’s IEP. 

27. The Parties acknowledge the need to implement guidance from the CDE and/or United States Department of Education in order to provide equitable and appropriate education for students with special needs. Special education teachers will work collaboratively with general education teachers via a virtual platform to adapt lessons to meet the needs of students in a digital learning environment, ensure that lessons and activities are appropriate as documented in the student’s IEP, and successfully implement accommodations specified in IEPs and 504 plans. 

28. Representatives that are chosen by each the parties shall meet monthly 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 our students with special needs. 

29. School Psychologists shall provide legally mandated special education assessments, as deemed necessary by the Psychologists or the student’s IEP, as well as communicate with families to provide support. Any appointments scheduled may be conducted via email, telephone or other virtual tools. School Psychologist may volunteer to provide in person, one-one-one mandated special education assessments. 

30. Students with exceptional needs will be provided continuity of learning through a variety of distance learning resources. Related Service Providers (Adapted PE, etc.), will prepare appropriate distance learning activities that can be performed at home. Special Education teachers may volunteer to provide in person, one-on-one mandated special education assessments. 

31. School Counselors and School Social Workers shall provide appointments to students for social emotional and/or behavioral needs, academic counseling, monitoring, and guidance. These appointments or conversations may be conducted via email, telephone, or other virtual tools. 

32. Speech and Language Pathologist shall provide individual and/or group virtual lessons. These lessons may be conducted via email, telephone, or other virtual tools. Speech and Language Pathologist may volunteer to provide in person, one-on-one mandated assessments. 

Early Release Days 

33. Early Release Days shall take place in accordance with the attached Wednesday Calendar and Article 14.5 of the Collective Bargaining Agreement. 

Parent Conferences 

34. Minimum Days shall take place in accordance with the Collective Bargaining Agreement and the agreed upon 2020-2021 calendar. Parent conferences shall take place virtually or by phone. 

After School Activities/Extra Curricular Activities 

35. Back to School Night shall take place virtually in accordance to 14.1.3.7. The event will occur after August 28, 2020. Specific Back to School Night details will be developed by each site’s administrator and grade level lead/Leadership Team. 

Grading 

36. All grading procedures and practices will be according to Board policy. 

Technology/Equipment 

37. The District shall provide all necessary equipment to deliver “Distance Learning” such as computers, hotspots, document cameras, etc. to enable unit members to deliver distance education. 

38. If a bargaining unit member chooses to provide printed materials to students, they will collaborate with the site administrator regarding distribution. 

39. The District shall provide reasonable requests for tools and resources to enable bargaining unit members to complete the essential duties of their job. 

40. Bargaining unit members shall be held harmless in the event equipment and technology is not operational. 

Evaluations 

41. Evaluations shall continue for Temporary, Probationary and teachers on PAR. 

Safe Return to School 

42. The District’s decision regarding reopening school to in-person instruction shall be according to the “COVID-19 Industry Guidance: Schools and School-Based Programs”(“Industry Guidance”) issued by the Governor, Cal/OSHA and the California Department of Public Health on July 17, 2020, as well as any other orders issued by these entities during the term of this MOU. 

43. The Parties agree to meet to review and revise the current 2020-2021 school year calendar should it need any adjustment. 

Communication and Collaboration 

44. In the interest of all bargaining unit members receiving consistent messaging districtwide, all communications, notifications, processes, procedures, and guidelines pertaining to school closure/reopening/safety will be disseminated directly to the bargaining unit members via email or other direct means while adhering to all applicable confidentiality requirements. 

45. The parties share joint interests in keeping communications open and working collaboratively for the benefit of students, staff, parents, community, and the District as events continue to unfold during the pandemic. 

46. Any, and all, District decisions impacting bargaining unit members during the public health emergency resulting from the COVID-19 pandemic shall be communicated to and collaborated with the Association President and/or Executive Board. 

47. The Association shall be given the right to appoint at least one representative for any committee(s)/group(s) that makes decisions regarding any working conditions/terms and conditions of employment of CTAB members. 

Instructional Minutes/Attendance 

48. According to Education Code 43501, as amended by SB98, the minimum daily instructional minutes for grades TK-K (180 daily minutes), 1-3 (230 daily minutes), and 4-8 (240 daily minutes) shall be in effect for the 2020-2021 school year. Classwork, independent work, assignments, projects, and live interaction shall all be combined to meet the daily minimum minutes per grade level. (See attached schedule.) 

49. Teachers shall take attendance. A pupil who does not participate in distance learning shall be documented as absent. 

50. Evidence of daily student participation in distance learning shall be obtained using: 

o Evidence of participation in online activities; 

o Completion of regular assignments and/or assessments; and 

o Contacts between employees of the District and pupils or parents or guardians. 

51. The District shall ensure that a weekly attendance record is completed for each pupil. 

52. The District shall develop written procedures for tiered reengagement strategies for all pupils who are absent from distance learning for more than 60% of the instructional days in a school week. These procedures shall include, but are not limited to, verification of current contact information for each enrolled pupil, daily notification to parents or guardians of absences, a plan for outreach from the school to determine pupil needs including connection with health and social services as necessary and, when feasible, transitioning the pupil to full-time in-person instruction. 

Miscellaneous/Other Provisions 

53. Guidelines by the SCCPHD will be followed for COVID-19 testing and reporting. See 

(Tables 1 and 2.) 

54. The District shall make all good faith efforts to follow the guidelines issued by the State, CDC and the SCCPHD with respect to its response to COVID-19 pandemic, including providing a safe workplace and providing COVID-19 information to its employees. 

55. In the event the State of California deems alternative requirements for schools in response to COVID-19, the parties agree to initiate negotiations on the impacts as soon as practical. 

56. The Parties understand the coronavirus (COVID-19) pandemic situation is very fluid and mutually agree to review the provisions of the MOU as necessary. 

57. 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 2020-21 school year. 

58. All components of the current Collective Bargaining Agreement between the Association and District not addressed by the terms of this agreement shall remain in full effect. 

59. The terms of this agreement shall expire on June 30, 2021 or at such time as the temporary school closure is terminated but may be extended by mutual written agreement. 

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