UTLA Proposal 5/27/22 LAUSD Counter-proposal 6/02/22 UTLA

UTLA Proposal 5/27/22

LAUSD Counter-proposal 6/02/22

UTLA Counter-proposal 10/27/22

LAUSD Counter-proposal 11/03/22

UTLA Counter-proposal 11/03/22

LAUSD Counter-proposal 11-10-22

ARTICLE XXI

ADULT AND CAREER EDUCATION

1.0 General: The District and UTLA have agreed to the provisions of this Article in recognition of the

special conditions involved in the Division of Adult and Career Education (hereinafter “the

Division”) is conducted by a combination of full-time and part-time employees trained in

methods to meet the learning needs of the District’s youth and adult population in the areas of

essential skills, lifelong learning, and vocational and occupational training. While it is recognized

that Division personnel may be concurrently employed in other divisions of the district (including

K-12), it is the intention of the parties that the employment relationship described in this Article,

and the rights that flow therefrom, are separate and distinct from the rights which may accrue to

the individual from other employment in the District. If there is any conflict between the terms of

this Article and the terms of other provisions of this Agreement as they apply to Division of Adult

and Career Education employees, this Article shall prevail. [CCL]

1.1 Throughout this Article the term “employee(s)” or “unit member(s)” covers those persons who

are, by virtue of being assigned for 10 or more hour per week, included within the bargaining

unit and eligible to utilize the grievance procedures of Article V. The term “personnel” covers

both employees (as defined above) and also non-unit members (those assigned for fewer than

10 hours per week). The complaint procedure referenced in Article V, Section 23.0 is available

to non-unit members for alleged violations by the District of Board Rules and/or administrative

rules. [CCL]

1.2 The District shall furnish UTLA annually, upon request, with a list (or lists) of Adult

Education assignments (class title, days and hours), listed by name, employee number,

work location, and classification codes (including funding source and employment

status of each unit member). (AGREED)

2.0 Employment Contracts: Adult Education funded employees who are assigned more than

eighteen hours per week are covered either by probationary or permanent contract

status. [CCL]

2.1 All personnel in categorically funded programs shall be employed under binding

individual (“M” basis) employment contracts which shall not conflict with the provisions

of this Agreement. Employees may utilize the grievance procedure with regard to alleged

violations by the District of “M” basis contracts. “M” basis contracts shall specify the

duration of employment, and shall terminate on or before June 30, of the year in which

they are issued. If the duration of employment is to be extended beyond June 30, a

second contract shall be issued to cover the balance of the employment

period. (AGREED)

a. The contract term for employees assigned to ROC/ROP programs shall be for the

equivalent of a one year “C” basis term. (AGREED)

UTLA Proposal 5/27/22

LAUSD Counter-proposal 6/02/22

UTLA Counter-proposal 10/27/22

LAUSD Counter-proposal 11/03/22

UTLA Counter-proposal 11/03/22

LAUSD Counter-proposal 11-10-22

b. The contract term for employees assigned to Skills Center programs shall be for a

term of one school year if funding is available. (AGREE)

c. The contract term for a person hired to complete the term(s) of employment of on

other person shall be for the duration of the original term(s). (AGREE)

2.2 Al. “M” Basis contracts of employment shall be terminable at any time prior to expiration, but

only for lack of funds, elimination or reduction of the educational offering, insufficient enrollment

or attendance, or other good cause.

2.3 Adult Education teachers shall be paid an additional $10 per hour for every hour worked in the

evening during a split shift, where the second shift is two hours or more after the end of the

previous shift

2.4 DACE teachers in out-of-classroom positions are subject to the 5-year limit described in

Article IX-A, Section 9.0. [AGREED]

2.5 All paid assignments to special projects during school recesses shall be approved by the Local

School Leadership Council or equivalent. Employees may apply to serve in paid special projects

during school recesses by completing an application form to the site administrator. This form

shall include the employee’s availability, experience and/or special certifications applicable to the

work to be performed.

3.0 Non-Contract Personnel-Release During Term of Assignment:

a. All part-time (18 hours or less per week) Adult Education funded personnel may be

released during their term of assignment only for the reasons stated in Section 2.2

above.

b. Those with an assignment of 10 to 18 hours per week may utilize the grievance

procedure for claimed violations of Section 2.2. above; the sole remedy for non-unit

members (those with an assignment of less than 10 hours per week) shall be an

administrative review by the Division Superintendent or designee, upon written request

submitted within 10 days of notification of their release. Also, if it is contended by a non-

unit member that the release violated Board Rules and/or administrative rules, the

grievance procedure for non-unit members (see Article V, Section 23.0) may be utilized.

3.0. All DACE and CTE certificated employees assigned more than 18 hours per week shall work

under a Probationary or Permanent contract. All DACE and CTE bargaining unit members

assigned 18 hours or fewer per week shall have contracts no less than one year which may only

be terminated at the end of the academic year in which it was granted for lack of funds,

elimination or reduction of the educational offering, insufficient enrollment or attendance, or

other good cause. All non-CTE certificated employees assigned to teach more than 18 hours

per week shall work under a Probationary or Permanent contract. All non-CTE certificated

employees assigned to teach 18 or fewer hours shall work under a categorical or limited-term

(temporary) contract. All CTE certificated employees shall work under a ROC/ROP contract.

UTLA Proposal 5/27/22

LAUSD Counter-proposal 6/02/22

UTLA Counter-proposal 10/27/22

LAUSD Counter-proposal 11/03/22

UTLA Counter-proposal 11/03/22

LAUSD Counter-proposal 11-10-22

4.0 Staffing Procedures: for Part-time and Other Untenured Positions: For initial staffing

purposes all part-time (18 hours or less per week) and other untenured full-time positions

or courses are to be filled as set forth below.

4.1 For any given academic term, the site administrator shall first develop a plan covering

the courses to be offered and determine which of the current personnel are to be utilized.

(See Section 4.7 and 4.8 below) These assignments need not be posted.

4.2 All remaining new or vacant part-time positions or courses shall be posted at the

applicable time-reporting site. The posting shall identify the subject(s), number of hours

per week, class schedule and time(s), certification required, any special skills and

qualifications, and the deadline for applications.

4.3 The site administrator shall first consider those qualified applicants currently assigned

to the site whose assigned schedule would not conflict with the additional work and who

if selected, would remain in current status with the Division. “Qualified”, as used in this

subsection, means that the applicant: Has taught the same course or closely related (e.g.

English 1,2,3,4) course in the same subject (either in Adult Education funded programs

or “M” Basis categorically funded programs) during the most recent six semesters,

possesses the requisite credential, possesses appropriate training and/or experience

needed for the position, and possesses the needed instructional skills or qualifications

as stated on the job postings.

4.4 Remaining unfilled positions shall be posted at the Division Central Office and at the time

reporting sites and major branches and a copy faxed to UTLA. To apply for such

positions a person must be either qualified as provided above or possess other

appropriate training and/or experience needed for the position, possess the requisite

credential, and possess the instructional skills or qualifications as stated in the job

posting. Positions shall be posted as soon as they are known to be available. The site

Administrator shall select from among the applicants.

4.5 The site administrator shall select from among the qualified applicants at the site to fill

each position before looking to other sources, provided that the site administrator shall

not be so restricted when selecting for grant programs, partnership programs,

community based programs, government/industry sponsored and/or other special

contracts which involve other special selection arrangements. This special

program/contract exemption shall be applicable only to bona fide programs, and shall

not be used as an artifice to avoid the general requirements of this section.

4.6 During the initial staffing period prior to commencement of instruction, the site

administrator shall equitably distribute the enrolled students among the teachers who

are assigned to the same course and level at the same time and location.

4.7 In the case of current personnel who are not to be renewed due to elimination or

reduction of educational offerings, lack of work or lack of funds (an “over-teachered”

UTLA Proposal 5/27/22

LAUSD Counter-proposal 6/02/22

UTLA Counter-proposal 10/27/22

LAUSD Counter-proposal 11/03/22

UTLA Counter-proposal 11/03/22

LAUSD Counter-proposal 11-10-22

condition) during the initial staffing period prior to commencement of instruction, the

following procedures shall apply:

a. The site administrator shall first identify the affected course(s), including closely

related courses in the same subject (e.g. English 1, 2, 3, 4);

b. The longevity of all non-tenured personnel teaching the course(s) and assigned to

the time-reporting site shall be reviewed.

1. Longevity is measured by the number of consecutive uninterrupted years

of satisfactory service in the subject field in the Division. Time spent on

approved unpaid leaves of absence does not count as time served but

does not constitute an interruption of the “consecutive” service

requirement. Time spent as a continuing employee in DACE that does not

meet the requirements for an additional year of longevity shall not result in

the loss of the cumulative longevity requirement so long as such time does

not exceed two school years.

2. To qualify for a year of longevity service, the individual must have served

at least 380 hours during that school year excluding summer school. Prior

to July 1, 2001 156 hours were required to qualify for a year of longevity.

3. Service in any Adult Education Division program shall apply. However,

until such time as the District has the computer capacity to track service on

a District-wide basis, the District will look solely to the service at the

current time reporting site, unless the individual requests consideration of

prior service from another site. Such a request must be made prior to May

1, to be effective for the next school year.

c. The person with the least longevity shall be released unless the site administrator

reasonably determines that the person has needed instructional skills or

qualifications not possessed by an employee with greater longevity.

d. The above release procedures shall be in effect throughout the initial staffing

period and shall cease to be in effect when instruction commences. (See Section

7.0 for later releases resulting from falling attendance).

e. The above release procedures are not applicable to the special contract

arrangements referenced in Section 4.5 above.

4.8 Courses which are created or become available after the initial staffing procedures are

completed shall also be posted and filled as set for the above, but may also be filled

immediately on an interim basis pending compliance with the posting procedures.

4.9 Personnel do not have an implied right to employment beyond their assigned term.

However, if they are not to be renewed due to dissatisfaction with the quality of their

UTLA Proposal 5/27/22

LAUSD Counter-proposal 6/02/22

UTLA Counter-proposal 10/27/22

LAUSD Counter-proposal 11/03/22

UTLA Counter-proposal 11/03/22

LAUSD Counter-proposal 11-10-22

services, they shall be given prompt written notice to the effect by the site administrator,

and have the following rights:

a. In the case of employees with an assignment of 10 hours or more per week the

notice must have been preceded by compliance with the observation, records and

assistance provisions of Article X, Section 5.0. In addition, either the administrator

or the employee may invoke the final evaluation procedures of Article X, Sections

8.2 and 10.0.

b. The rights of personnel with an assignment of less than 10 hours per week are

limited to final notice and, for alleged violations by the district of Board Rules

and/or administrative rules, the grievance procedure for non-Unit members as

referenced in Article V, Section 23.0.

5.0 Staffing Procedures for Tenured Positions: All new or vacant positions of more than 18

hours per week identified as tenured positions shall be posted by June 1 for the fall

semester and January 5 for the spring semester and filled at the discretion of the site

administrator.

a. Thirty hours per week (120 hours per pay period) is recognized as the full time

equivalency (FTE) for all Adult Education funded classifications in which tenure is

earned (currently ESL, Academic, Parenting, Programs for Older Adults, Adults

with Disabilities and Teacher Counselors).

b. Tenure shall be earned at any number of hours greater than sixty percent of the

FTE or more than eighteen hours per week (more than 72 hours per pay period).

The Division acknowledges that once tenure is acquired, it shall have an on-going

obligation to offer assignments at the number of hours held by the employee

when tenured. After completing the probationary period, employees may increase

the number of hours for which they are tenured, not to exceed thirty hours per

week (120 hours per pay period). A reasonable effort shall be made to offer

assignments to interested and qualified employees who are tenured at less than

thirty hours with additional hours that become available over their tenured hours,

up to the thirty hours of FTE.

c. The 2000-01 school year shall be counted toward tenure for eligible current

probationary employees. In addition, employees who are tenured at 20 hours per

week but who have been working for up to 30 hours per week in the same

classification for the 1999-2000 and 2000-01 school years, shall be tenured at the

hours worked effective July 1, 2001.

5.1 Tenured employees with the Division may apply for posted positions at not more than

three time-reporting sites by completing a request for Transfer form. The forms shall be

available at each time reporting site. Application shall be made to the appropriate site

administrator.

UTLA Proposal 5/27/22

LAUSD Counter-proposal 6/02/22

UTLA Counter-proposal 10/27/22

LAUSD Counter-proposal 11/03/22

UTLA Counter-proposal 11/03/22

LAUSD Counter-proposal 11-10-22

a. In filing a posted position, the site administrator shall interview not more than

three transfer applicants and not more than three candidates from the Division’s

eligibility list for that subject area. The eligibility list interviewees shall consist of

the two highest ranking candidates on the list and the highest ranking candidate

currently assigned to the site at which the opening occurs.

b. All interviews under this procedure shall be scheduled and held within one week

of the deadline for application. The site administrator shall fill the position from

among the interviewees and notify all persons interviewed of the selection

decision. An applicant who refuses an offered tenured position shall be subject to

Article XIII, Section 1.3.

4.0 Uniform Staffing Procedures for DACE Classroom Teachers (AGREED)

a. For employees in each Adult School location, assignment to department and

classes shall be made pursuant to the following procedure: (AGREED)

1. Prior to the selection of classes, the administrator at each DACE School shall

create a tentative matrix of the classes to be offered that will include the course

title, hours per week, clock hours, format (i.e.,in person, online or hybrid) whether

the class is offered in the morning, afternoon or evening, location and any special

credentials, and/or necessary qualifications required for each class assignment,

If a class is designated by the District to be online or hybrid, that shall also be

indicated.

2. Departments: The department in which a permanent teacher is considered

for assignment purposes shall be the one in which the teacher has taught

for the major portion of teaching time during the most recent six semesters

of classroom teaching experience. This recent experience provision shall

not apply when a teacher applies to a position unfilled after all teachers in

the department have had the opportunity to submit requests. (AGREED)

3. Class assignments classes shall be combined into positions by the administrator

and assigned to current personnel based on the submitted requests with the

following prioritization:

(i) Qualified permanent teachers currently assigned to the school on the

basis of District seniority DACE start date and educational program

needs, based on the teacher’s tenure base. DACE teachers hired during

or after the 2021/22 school year shall use district seniority;

(ii) Qualified probationary teachers currently assigned to the school on the

basis of DACE start date and educational program needs.

(iii) Qualified permanent teachers with active transfer requests on file, or

who have been displaced from other DACE locations. (AGREED)

UTLA Proposal 5/27/22

LAUSD Counter-proposal 6/02/22

UTLA Counter-proposal 10/27/22

LAUSD Counter-proposal 11/03/22

UTLA Counter-proposal 11/03/22

LAUSD Counter-proposal 11-10-22

(iv) Qualified non-permanent teachers on the basis of longevity, start date

with DACE (or seniority date for employees hired during or after the

2021/22 school year), employment contract obligations, and educational

program needs. Longevity is measured by the number of consecutive

uninterrupted years of satisfactory service in the subject field in the

Division. To qualify for a year of longevity service, the individual must

have served at least 380 hours during that school year excluding summer

school.

b. Remaining unfilled positions and/or class assignments classes shall be posted at

the Division Central Office human resources website, and at the time reporting

sites and major branches and a copy faxed emailed to UTLA. To apply for such

positions a person must be either qualified as provided above or possess other

appropriate training and/or experience needed for the position, possess the

requisite credential, and possess the instructional skills or qualifications as stated

in the job posting. Positions shall be posted as soon as they are known to be

available. The site Administrator shall select from among the applicants.

[AGREED]

c. Dispute Resolution Procedure (Adult Education Class Assignments For

Permanent Teachers): In the case of a dispute as to the assignment of a

permanent adult education teacher to a position (but not as the result of the

assignment of non-permanent teachers, whose assignments are not subject to

any dispute resolution or grievance procedure), the dispute shall be resolved

solely pursuant to the procedures of Article V-A, subject to the following: The

Joint Panel charged with resolving the dispute under Article V-A shall have the

authority to overrule a site administrator’s adult teacher’s assignment to a

position only upon a specific finding that the positions is arbitrary and capricious.

The decision of the panel shall be final and binding. (AGREED)

d. Alleged violations of the procedures set forth in section C. above are subject to

the grievance procedure of Article V; the substance of the assignment decision is

not. (AGREED)

5.20 The District has committed to replace tenured Adult Education positions which have become

lost to attrition (resignation, retirement, death) provided that funding to DACE is equal to or

greater than the available funding for the previous year and there is documented student need

(e.g., increased enrollment projections, individualized student plans) in the subject area(s) for

the positions.

5.1 Adult Education Preparation Time: Beginning with the 2022-23 school year, DACE teachers

shall be assigned one (1) hour of paid preparation time for every five (5) ten (10) hours of class

time for professional duties including preparation for class, collaborative planning and

conferences with students and staff members.

6.0 Class Size Maximums: Class size shall not exceed the room occupancy/seating requirements of

applicable fire codes. [CCL]

UTLA Proposal 5/27/22

LAUSD Counter-proposal 6/02/22

UTLA Counter-proposal 10/27/22

LAUSD Counter-proposal 11/03/22

UTLA Counter-proposal 11/03/22

LAUSD Counter-proposal 11-10-22

a. Occupational classes which require a high degree of student involvement shall be limited

in size by the number of functional work stations in the room or shop facility as

reasonably determined by the District. [CCL]

b. In General Education classes the number of students enrolled at any time may exceed

the number of learning stations in a classroom of facility. However, actual attendance

shall be limited by the number of learning stations and by fire code as provided above.

Enrollees in excess of actual attendance may be placed on a waiting list by the instructor

or be referred to the Branch coordinator or site administrator for placement in other

classes. [CCL]

c. Classes (other than lecture series) scheduled in large District facilities such as music

rooms, cafeteria or auditoriums, shall have one teacher for each 50 students, or fraction

thereof, who are in attendance for three consecutive class meetings. [CCL]

d. Learning Centers, Reading Labs, and other academic learning labs shall be limited as

provided above and, in addition, when attendance reaches 27 or more students for three

consecutive days an additional person (e.g., aide or teaching assistant) shall be

provided to assist the instructor. [CCL]

7.0 Class Size Minimums: The Division shall observe class size minimums of twenty in General

Education, eighteen in Occupational courses and eighteen in Adults with Disabilities. [CCL]

a. A notice that a class may be terminated shall be given by the instructor of the class to

the students and to the site administrator when attendance reaches twenty or less in

General Education, or eighteen or less in Occupational or Adults with Disabilities

classes. [CCL]

b. If class attendance drops below an average of twenty for three consecutive class

meetings (eighteen in Occupational and Adults with Disabilities) the class may be

closed. [CCL]

c. If class attendance reaches fifteen students (fewer than twelve in Occupational classes

and fewer than fourteen in Adults with Disabilities) the class shall be canceled. If a class

is being canceled due to loss of enrollment, the teacher shall be so advised as soon as

practical during a conference with the administrator and with written notice to the teacher

no later than the last scheduled class meeting. The conference may be conducted by

telephone if the teacher is not readily available to the administrator (e.g., satellite

location, or teacher absent). A class which has reached the level for cancellation may be

continued under compelling circumstances at the sole discretion of the Division

Superintendent. [CCL]

7.1 Occupational classes shall not be canceled when student job placement temporarily reduces

class size below the stated minimums. [CCL]

7.2 Learning Centers, Reading Labs and other academic learning labs shall not be canceled when

student advancement temporarily reduces class size below the stated minimums. [CCL]

UTLA Proposal 5/27/22

LAUSD Counter-proposal 6/02/22

UTLA Counter-proposal 10/27/22

LAUSD Counter-proposal 11/03/22

UTLA Counter-proposal 11/03/22

LAUSD Counter-proposal 11-10-22

8.0 The District agrees to continue the practice of paying an Earned Salary Allowance

(E.S.A.) to employees in the Division. The threshold of eligibility shall be ten hours per

week. [AGREED]

9.0 At each school, the administration and faculty shall annually determine a list of mutually

acceptable substitutes. The list may include teachers at the school as well as other qualified

teachers. Teachers at the location shall have the right to request a substitute from the list by

name. When no name is offered or the substitute is unavailable, the administrator has the right

to select another substitute from the list. When the school site administrator chooses to observe

a prospective hire, that individual may be assigned as a substitute following an attempt to obtain

the consent of the regular teacher. Successful performance by these substitutes may result in

their being added to the list. When an absence is known or anticipated to be for a period of

more than two weeks, the site administrator may extend the assignment of the current substitute

or select from the employees whose names appear on the school substitute list. [CCL]

10.0 Miscellaneous: Division personnel shall have reasonable access to telephone service at all sites

for the performance of their student job placement duties. [CCL]

10.1 The Memorandum of Understanding dated December 5, 2002 shall be deemed

incorporated herein, and the parties shall meet and discuss implementation thereof.

(AGREED)

10.2 The District shall provide pay for the annual before-school planning meeting-three hours at

training rate as provided by Board Rule 1921. [CCL]

10.3 Part-Time Leave:

a. HOLD (AGREED)

b. A Part-Time leave may be granted on a year-by-year basis subject to school

schedules, availability of classes, and approval by the principal and the Division

of Adult and Career Education (DACE). (CCL-AGREED)

c. An application must be on file in the DACE Personnel Office by March 15 for the

upcoming school year. [CCL]

d. Eligibility for health and welfare benefits for employees who work less than half-time will

be determined pursuant to Article XVI, Section 3.0. [CCL]

11.0 Allocation to an Hourly Rate Salary Schedule: An employee who has not formerly served in a

class paid on the Hourly Rate Schedule shall be allocated to the first step. When an employee

who formerly served in a class paid on the Hourly Rate Schedule is reassigned to such

schedule within 39 months, allocation shall be made to the employee’s former step and any step

advancement earned but not granted shall be allowed. If such reassignment is more than 39

months from the last date for which salary was received in the class, allocation shall be made to

the first step of the schedule. However, if the reason that the employee has not served on the

Hourly Rate Schedule for more than 39 months is that the employee was serving in a non-

UTLA Proposal 5/27/22

LAUSD Counter-proposal 6/02/22

UTLA Counter-proposal 10/27/22

LAUSD Counter-proposal 11/03/22

UTLA Counter-proposal 11/03/22

LAUSD Counter-proposal 11-10-22

classroom position within the Adult Program, then the employee shall be restored to his or her

previous higher step. This last sentence becomes effective 30 days from the adoption of this

Agreement, prospectively; an employee disadvantaged by the prior rule shall be re-rated at their

previous higher step (plus step advancements earned after return to the Hourly Rate Schedule)

effective 30 days from the adoption of this Agreement, but there shall be no retroactive pay

relating to any prior time. [CCL]