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.
- 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:
- 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.
- 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.
- 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.
- 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.
- 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
- Discipline – As stated above, Article 8 of the CBA (“unit members shall not be disciplined without just
cause”) remains in full force and effect.
- 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.
- 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.
- 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.
- 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.
- Assignment, Transfer, and Filling of Vacancies– All provisions of this article shall be followed.
- 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.
- 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
- The Parties understand the coronavirus (COVID-19) pandemic situation is very fluid and
mutually agree to review the provisions of the MOU, as necessary.
- 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.