Loc Local Con Control and and Acc Accoun untability bility Plan Plan (L (LCA CAP) P) HOW IT HO IT CONNE NNECTS TO TO BAR BARGAI AINI NING, NG, OR ORGANI GANIZING, NG, STUDENT STUDENT ACHIEVEM ACHIEVEMENT ENT, AND AND SCHOOL SCHOOL IMPR PROVEM EMENT ENT NORM NORMA SA SANCHEZ NCHEZ RE REGION GION 3 CT CTA IP IPD ST STAFF VERN VERN GA GATE TES RE REGION GION 3 NOD NOD ST STAFF
Loc Local Con Control & Acc Accoun untabil bility ty Plan Plan (L (LCA CAP) P) Topics Covered 1. Bargaining 2. Student Achievement 3. Organizing
THE DUTY TO BARGAIN
DUTY TO BARGAIN � GENERAL DUTY � MANDATORY SUBJECTS � PERMISSIVE SUBJECTS � UNLAWFUL SUBJECTS � WAIVER
DUTY TO BARGAIN A school district wants to increase the workday by four (4) hours without additional compensation.
DUTY TO BARGAIN � Can the four (4) hour increase be included in the LCAP? � What if they bargain it? � Is there anyway we can prevent it?
Districts are prohibited from including items in their LCAP that require negotiations that have not yet occurred.
Boi Boilerpla erplate Con Contract ct Languag Language Boilerplate language are sections in contracts that are often referred to as “standard” but can be significantly controlling: Zipper Clauses Management Rights Reopener Clauses Savings Clause
Remember, the general duty to bargain in good faith is the baseline. The parties can contract around or modify this in certain circumstances.
Zipper Zipper Cl Clauses auses The purpose of a zipper clause is to conclude negotiations and provide the parties with security for a set period of time. When your contract has a tight zipper clause, the zipper clause waives the parties duty to bargain. Is this good or bad? As the attorneys always say “it depends….” And it depends on how your zipper clause is written . . .
Zipper Clauses Example 1
Zipper Clauses Example 2
Reopener Clauses Sometimes the parties modify the duty to bargain by including reopener provisions Example If you have reopeners, have you defeated the protection a zipper clause provides?
Ma Manage geme ment Ri Righ ghts ts Cl Clauses auses Another “standard” article that frequently provides greater control to one party to the contract (and it isn’t the Association) Why have it at all? Is it necessary to repeat in a contract the statutory rights you already have? If Management has placed their statutory rights in the CBA, have they waived their right to refuse to bargain permissive subjects? Although that last sub-bullet made you think “Aha…I’ve got them!” Management Rights articles almost always hurt us…
Sa Savings vings Cl Clause ause Boilerplate designed to protect the remainder of the parties agreement in the case where one part of the agreement has become unlawful Disgusting example: “The District shall only hire white male teachers between the ages of 25 and 45.” If this existed in a contract prior to the civil war, would it have been lawful and then become unlawful? Frightening example: Doe v Antioch
Savings Clause Example
STUDENT ACHIEVEMENT
* Source: West Ed presentation at March 2015 State Board of Education Meeting: Item 6. 18
19 LCAP Building Blocks * Source: CA School Services, 2015
20 Inputs vs. Outputs * Source: CA School Services, 2015
State Priorities 21
STATE PRIORITIES GROUPED INTO THREE CATEGORIES Conditions of Pupil Outcomes Engagement Learning • Basic Services • Student • Student Achievement Engagement • Implementation of • Other Student • School Climate State Standards Outcomes • Course Access • Parental Involvement 22
PUPI L OUTCOMES Focus is on: STUDENT Performance on State assessments (SBAC), current ACHIEVEMENT API is suspended until new API is developed. Number of students who are college and career OTHER STUDENT ready. OUTCOMES Share of English Learners who become English proficient and their reclassification rate. ( State Priorities 4 and 8 ) Number of students who pass AP exams.
Assessments fo Assessm for 2015 2015 ‐ 16 16 STUDENTS ASSESSMENTS SBAC ELA & Math ‐ Grades 3 ‐ 8, 11 ALL No 2 nd Grade Testing ALL List of Diagnostic Assessments Available (CDE) CST Science Tests ‐ Grades 5, 8, 10 ALL CAA – California Alternate Assessment for ELA SPECIAL ED & Math in Grades 3 ‐ 8 and 11 with Severe Cognitive CST CAPA Science ‐ California Alternate Disability Performance Assessment in Grades 5, 8, 10 CAHSEE – CA High School Exit Exam (SB 172 will Suspended suspended CAHSEE for 3 years) Primary Language Assessment (CELDT) EL *ELPAC under development (replaces CELDT)
ELA Student Score Report - Grade 4
Math Student Score Report - Grade 4
AB AB 484 484 GAVE CA A HIGH ‐ STAKES ACCOUNTABILITY HOLIDAY NOT A TESTING HOLIDAY 2014 ‐ 15 No SBAC School Wide Results Only Individual Student Scores Sets Baseline API Data OR Other Measure 2015 ‐ 16 Second year of only Student Scores 2016 ‐ 17 API School Growth Targets Set TO BE REPLACED Schools work towards reaching their targets during the year 2017 ‐ 18 API Accountability TO BE REPLACED 27
API API Configur iguratio ion To be replaced with Stei Steinber nberg Bill ill – S – SB 1458 1458 new legislation Elementary & Middle School High School • • Minimum up to 60% Maximum up to 60% made up made up of Statewide of Statewide assessment (SBAC) • assessment (SBAC) Attendance rates • • Attendance rates Graduation rates • • Other Indexes Other Indexes • College & Career Readiness Index ‐ being created by Public Schools Accountability Act (PSAA) Committee
29 Draft ‐ Multiple Measures * Source: WestEd, March 2015 SBE Meeting
30 * Source: WestEd, July 2015 SBE Meeting
Evaluation Rubrics Major Tasks and Milestones 2 nd LCAP Research & Prototype Testing with Annual Alignment with Accountability Development Update Stakeholder Engagement Completed June October February June October 2015 2016 Original Revised Evaluation Evaluation Rubrics Rubrics Adoption Adoption The figure shows the revised timeline established for LCFF from June 2015 through October 2016, along with major tasks and milestones that will be completed in order to adopt the Evaluation Rubric by October 2016.
California Collaborative for Educational Excellence (CCEE) The CCEE (Education Code Section 52074) will provide advice and assistance to LEAs (charter schools, school districts, and county offices of education) in achieving the goals set forth in the Local Control and Accountability Plans (LCAPs). CCEE Executive Director : Carl Cohen Fiscal Agent: Kenneth M. Young Riverside County Office of Education Riverside County Superintendent of Schools CCEE Board : Sandy Thorstenson Sue Burr Tom Torlakson Michael C. Watkins Tim Sbranti Chair Vice-Chair Member Member Member Appointed by the Appointed by the State Superintendent Appointed by Senate Appointed by the Governor President of the State of Public Instruction Committee on Rules Speaker of the Board of Education Assembly 32
ORGANIZING
SO WHAT? There are no technical solutions. No more legal “gotcha regulations.” The “law” won’t fix your problems.
WH WHO ARE ARE YO YOU ENGAGI ENGAGING NG WI WITH? YOURSELF? TEACHERS? Which TEACHERS? COMMUNITY?
FRE FRESNO NO TE TEACHER HERS ASSOCIA ASSOCIATON ON https://animoto.com/play/PLzR8WyDfPzXoWCo22DnQg 36
LEVELS LEVELS OF OF UNI UNION ENGAGEM ENGAGEMENT NT • BRINGING HOME THE BACON • ABILITY TO ENFORCE & DEFEND CONTRACT • SCHOOL IMPROVEMENT • IMPROVING THE COMMUNITY
ENGAGE PRIORITIZE ORGANIZE People Goals People & Goals Members What’s Working? Students What’s Not? Parents Proposals Community
THI THINK BI BIG! G! THI THINK DIFFERENT! DIFFERENT!
If you DO NOT: 1. consult, or demand to bargain 2. organize with members, students, and the community “ Then the LCAP will not get done through you… …it will get done TO you.
Re Resources LCAP Watch : http://lcapwatch.org CTA Website : (search LCFF on www.cta.org) http://www.cta.org/Issues ‐ and ‐ Action/School ‐ Funding/Local ‐ Control ‐ Funding ‐ Formula.aspx CDE Website : (search LCFF on www.cde.ca.gov) http://www.cde.ca.gov/fg/aa/lc/ LCAP Template and Regulations : WestEd Website http://lcff.wested.org/ca ‐ state ‐ board ‐ of ‐ education ‐ approves ‐ lcff ‐ regulations ‐ and ‐ lcap ‐ template/ LCAP Rubrics : http://www.cde.ca.gov/be/ag/ag/yr15/documents/mar15item06slid esupdate.pdf 41
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