ESTA UPDATE

East Side Teachers Association/CTA/NEA 888 So. Capitol Ave San Jose, Ca 95127 October 11, 2002 Don McKell, President Julie Pratico, Vice Pres Carla Holtzclaw, Secretary Ralph Giannini, Treasurer mckelld@esuhsd.org fax: (408) 272-7569 voice: (408) 272-0601 website: www.EastSideTA.org

ASSEMBLY RECOMMENDS RATIFICATION

In action taken at its meeting on October 9, the ESTA Assembly overwhelmingly passed a motion which recommends that members support the proposed successor to the Collective Bargaining Agreement. The ratification election by ESTA members will take place at all sites on October 23. The October issue of Panorama carries a summary of all language changes in the proposed contract, as well as a recap of the financial terms that will take effect if the contract is ratified. Please read the summary, and familiarize yourself with the proposed agreement. Speak to your Assembly Representatives, your site officers, or me if you have questions. One late clarification that bears dissemination is the disposition of the proposed $3,000 credential stipend as far as STRS is concerned. Under the new STRS rules implemented this year, the $3K will be subject to the same 8% STRS deferral, matched by the district, as all other compensation being paid to STRS members. (I wrote an article in the August 26 Update about the new STRS rules.) A question has arisen as to whether STRS will allow the credential stipend to be applied to our Defined Benefit (DB) account, and thus be calculated in the formula for retiree payouts as part of one's highest salary. Both ESTA and the District agree that this is exactly where we want the $3K to be applied, and that neither party has found any STRS rules which would prohibit the practice. Of course, this is a moot point if we don't pass the Parcel Tax (Measure J) on November 5.

PROPERTY SALE FALLS THROUGH

On the 89th day (of a 90-day window of opportunity) Summerhill Homes withdrew its bid to purchase the surplus district property near the site of Evergreen Valley HS. The move was a setback to this district, since the 13 acre parcel was set to sell for $16.5 million: well above the offers of other bidders. A loophole in the contract allowed the bidder 90 days in which to back out, without even a loss of a security deposit. Aside from the pain of a broken deal and having to place the property back on the market, the district may suffer even more because the trend in prices during that 90-day period pretty much indicates that it won't now sell for what the second-place bidder had offered in round 1. Income from the sale of this property figures mightily in the revenue source for paying for the construction of EVHS. Curiously, the withdrawn bidder will not be prohibited from participating in the new round of bidding. Who writes these contracts, anyway?

NO CHILD LEFT BEHIND

Nationally, schools and teachers will be dealing with many aspects of the 2001 reauthorization of the ESEA (Elementary and Secondary Education Act) for a long time. President Bush signed the act, dubbed No Child Left Behind, on January 8, 2002 amid much fanfare. Now, school districts which accept federal money must conform to the law or risk loss of that revenue source and other possible sanctions. Among the key points of NCLB: · Mandated accountability testing for students (California embarked on this pathway years ago.) · Parents have the right to information about their children's teachers: college major/minor and degrees held. (Expect a survey sheet coming to every teacher from the district soon, polling us on our qualifications.) · School districts must inform parents in writing when their children are being taught by a teacher who is not "highly qualified" · By 2005, school districts may not hire a teacher who is not "highly qualified". Even classrooms aides will need at least an AA degree. The biggest initial pitfall is arriving at an acceptable definition of "highly qualified", a subject upon which the new law is silent. California has proposed a definition of the term that has not yet been ruled upon by the US Department of Education. In the interim, our district is reportedly adopting the stance taken by the County Education Department: you are "highly qualified" if you are "state certificated". This includes emergency permitees and interns, but not short- or long-term substitutes. No one can dispute the rationale in wanting teachers to know their subject matter. From that perspective, passing a law to require high quality makes a certain amount of sense. What continues to puzzle me is the question of just how long California (and other states) will be successful in violating another law: The Law of Supply and Demand. With apologies to Kevin Costner, "If you pay them, they will come."

PHONE BANKING FOR MEASURE J

So what's worse, getting root canal surgery or working on a phone bank? Well, take my word for it, the dentistry thing is much worse. ESTA is looking for a few good folks to eat a catered meal (china plates, cloth napkins) and call pre-selected receptive people for a couple of hours on any Tuesday or Thursday evening between now and November 5, in support of Measure J. If the Parcel Tax passes, each teacher stands to earn an additional $18,000 over its six year term. Do the math: would you work three hours to earn $6,000 per hour? Whose job is it, anyway? Talk to your Building President about getting on board!

APPROACHING DEADLINES

Our contract (A18.4) sets October 15 as the deadline for each school to create a local Site Based Decision-Making Team. Principals can choose from two team selection methods: use the Department Chairs, or ‚ hold a democratic election to select ESTA delegates. Whichever way is employed, there must be at least five ESTA delegates to each two from administration. tIf you earned college credit before August 31 that you wish to be applied this year to your placement on the certificated salary schedule, your official transcripts must be delivered to the district by October 31. tThree separate deadlines occur on November 1: · completion of "on track" evaluation intake interviews (A11.1.4) · requesting a change of your assigned evaluation administrator (A11.1.5) · solicitation by the district of inservice needs (A32.2)

TEACHER RETENTION TAX CREDIT

One of the casualties of this year's state budget compromise was the Teacher Retention Tax Credit which had been providing from $250 up to $1,500 in state tax credits for classroom teachers, based upon years of service. The TRTC had only been active for the past two years. During the frenetic scramble to cobble together a state budget for the current year, CTA sent forth its considerable talent in Sacramento with a key goal of protecting the Prop 98 school funding mechanism. With Prop 98 protections in place, full COLA was guaranteed, but not without hits in certain key areas. The TRTC was one of those. It should be pointed out that, officially, the TRTC program has been suspended for the 2002 tax year only. There is the possibility that the program could be reinstated if the state budget situation improves. As a small consolation, teachers may now be able to claim a new Federal tax deduction of up to $250 for qualified expenses related to teaching without itemizing. Contact your tax professional on this issue; ESTA does not give tax advice.

HERRERA FETE

ESTA will co-sponsor a reception at the home of Manuel Herrera on October 24th in furtherance of Herrera's bid to be reelected to the East Side Board of Trustees. The reception will include catered finger food and assorted beverages. Those attending the event, set for between the hours of 4:00 and 8:00 pm, will be asked to provide a donation in support of the Herrera campaign. Details on the event are being made available on a separate flyer, available from me or your Building President. Herrera's candidacy was unanimously endorsed by the ESTA Assembly, following a hearty recommendation by ESTA's PAC.

CTA, ESTA ENDORSEMENTS

CTA members will soon receive at their homes a mailing from our statewide organization which will provide a list of specific recommendations for candidates and ballot measures, both local and state, appearing on the November 5 ballot. Watch for it. Just a reminder that ESTA has enthusiastically endorsed the passage of Measure J (East Side parcel tax) and Proposition 47 (Statewide bond measure), as well as East Side school board candidates Manuel Herrera, Patricia Martinez-Roach, and George Shirakawa, Jr. Only voters registered at addresses within our school district will find Measure J and the East Side school board race on their ballots. Those living in other school districts may find the CTA slate mailing useful in deciding their voting preferences, since it takes into account only those endorsements made by CTA and its affiliate chapters up and down the state

. SPECIAL EDUCATION STUDY GROUP

ESTA and the District will soon embark on a series of meetings to jointly study the patchwork of Special Ed programs and practices across the district. Current contract language falls far short of placing absolute maximum class sizes or case loads on Special Ed teachers, and our negotiators were unable to punch through district resistance to firming up that language in contract talks. However, the proposed settlement agreement calls for further study to be done in the area by those who may most be able to bring effective solutions forward. We're probably going to try for a small number (four to six), each with a demonstrated Special Ed knowledge base. If you are interested in being considered for inclusion on the study group, please email me and let me know.

DID YOU KNOW

You are entitled to a duty-free lunch of at least a half hour in duration, every day. You can generally not be compelled to be on campus more than 7½ hours on any day, including the lunch period, unless one of these is happening: (a) a faculty meeting at which all faculty are compelled to attend, (b) a back-to-school night, (c) you are carrying out a portion of your assigned supervision, (d) you are a new teacher and your school has certain new teacher orientation meetings, (e) your principal directs you in writing to remain. Being at a site with a block schedule or a special testing schedule or a seven- or eight-period bell schedule changes none of this. You may, of course, voluntarily work extra hours by choice. ‚ There is nothing in our contract that compels us to sign in or out when arriving to or leaving campus. ƒ You must immediately report cases of battery inflicted upon you in connection with your job to your principal or immediate supervisor, and that person must immediately report the incident to the police. You must be made aware of any student assigned to you who has committed, or is reasonably suspected of having committed, any suspendable or expellable act. … It is not OK to use anything beyond reasonable force when dealing with students. You should not strike, push, grab, provoke, curse at, poke, tickle, or harass students (or parents or colleagues, either).