- FAQs on Tentative Agreement
- Full Text of Tentative Agreement
- Tentative Agreement Summary for Members
- COVID-19 Testing Tentative Agreement
- Distance Learning Schedules
- Scheduling & Waiver PDF
- School Waivers for Alternative Configurations
Click to read 👇
WEDNESDAY, SEPTEMBER 16, 2020
Big healthcare win for substitute educators
In response to pressure from UTLA, LAUSD has agreed to provide healthcare benefits to substitute educators in the 2020-2021 school year who did not attain the 600-hour eligibility amount. These benefits will be provided to substitutes who have made themselves available to work in the 2020-2021 school year, who attained benefit eligibility in prior years, and who likely would have attained eligibility in the 2020-2021 year if not for the pandemic. Substitutes who had benefits last year will automatically be reenrolled by the district. Those who are new to benefits must enroll through the LAUSD Benefits Administration.
This is an important win for substitute educators, who are critical players in crisis distance learning — handling split classes, breakout rooms, IEP coverage, and more. We are gratified that LAUSD did the right thing in response to UTLA’s call to consider our unprecedented circumstances and the critical importance of secure healthcare during this global health emergency.
Click on section title to go to that section.
|V.||EARLY CHILDHOOD EDUCATION|
|XVI.||SUBSTITUTES AND POOL TEACHERS|
|XIX.||TUTORING: IN-PERSON ONE-ON-ONE|
What is considered “reasonable” advance notice that an administrator should provide prior to entering into a Zoom?
The district is considering 5 minutes as adequate prior notice. If you require more than 5 minutes advance notice, write to your administrator that reasonable advance notice is being informed prior to the start of the first period, not 5 minutes prior to entering into a Zoom.
My administrator is seeking access as a co-host to my Zoom. Can I refuse?
Ask for this directive to be put in writing and ask for the justification for this access. You may give administrators your links, which is appropriate (e.g., student knocked off of Zoom, calls school for link). Admins are saying that they want co-hosting abilities so that in case you're late to a class or sick, they can let kids in. A better idea is to make a teacher friend a co-host (kind of like a virtual room partner). If you’re late, they can let students in, or ask them to hold off and be patient in the Waiting Room.
My principal is demanding a curriculum for advisory. How should I proceed?
First, demand for that directive to be put in writing before adhering to it. Upon receipt of the written directive, remember that the contract only requires that you provide evidence of lesson planning, as stated in the UTLA-LAUSD collective bargaining agreement, Article IX, Section 4.1: Lesson plans or evidence of planning in a format appropriate to the teacher’s assignment shall be furnished by each classroom teacher upon request from the teacher's immediate administrator. No special format for a lesson plan shall be required.
My administrator is asking for five weeks of lesson plans. Do I have to furnish this?
Asking for five weeks of lesson plans does not meet the test of reasonableness. Ask that your administrator put this directive in writing. If your administrator does so, please send it to your UTLA Area representative.
My administrator is asking me to sign in before the start of the work day (i.e., prior to 9 am). Do I have to abide by this?
Let your admin know you’ll need a directive in writing stating what the expectation is if they plan to enforce the sign-in procedures. Either way, you cannot be mandated to sign-in prior to 9 a.m. or mandated to sign out after 2:15 p.m. as work time outside of the work day is at the discretion of the teacher. More on sign-in procedures:
• Article IX, Section 2.0, Sign-in and Sign-out: All employees shall, upon each arrival to and departure from their assigned work location, enter their initials on a form provided by the District.
• Number 5 of the distance learning section of the side letter agreement states that “the work time outside of the 9:00-2:15 school day shall be at the discretion of the teacher.”
We were told that we would need to take attendance on MISIS, then follow up by looking at the analytics and updating on MISIS if students completed asynchronous work, and doing some type of form on Fridays. Is this in agreement with UTLA attendance procedures for the 2020-2021 online school year?
The process of taking attendance is not outlined in the side letter. The process of taking attendance in the event that a student is unable to attend a Zoom should be clarified this week. An attendance accounting quick guide has been produced by LAUSD. To know more, please request that guide from your administrator. If you would like other ways to account for attendance, present the idea to your administrator.
Demanding clarity on breakout groups and one-on-one assessments
There are questions and concerns about how to structure small breakout groups and one-on-one assessments in a remote environment through Zoom. We believe that breakout groups and one-on-one assessments are essential elements of an effective distance learning program. However, the district has refused, despite our repeated demands, to provide a written policy as to whether, how, and when our members should do either. As a result, we discourage you from utilizing these tools until the district acknowledges this issue and provides clear and written guidelines for their implementation.
If your principal insists that you do a one-on-one, you should tell them it is your understanding that district policy prohibits us from meeting one-on-one with a student and that you are not comfortable breaking district policy. Tell the principal that if they insist that you meet one-on-one with a student, they should provide you with a written directive to do so before you comply.
Do class-size caps still apply?
Yes, the contract is still in effect during this time. The district has until norm day/fifth Friday of the school year to finalize fluctuations in class size.
I noticed that there are varying class sizes per teacher for the Student Advisory period. How can I ensure that class sizes are more equitable?
Ask for a rationalization in writing from your administrator to justify the varying class sizes. Work with your chapter chair and your colleagues to determine an alternative way to balance class sizes, and ask your chapter chair to propose the plan during his/her weekly chapter chair meetings with the principal.
I am an early childhood educator, and many of my colleagues have been informed by our administrator that we need to go to our sites this week to clean our classrooms for an “eventual return.” Do we need to do this?
No, you do not. Per our crisis distance learning agreement, going to your physical school site is voluntary at this time, and there are no dates for a return to in-person teaching. We are looking into whether this request is coming from a few “rogue” administrators or whether it is something we need to address at the local district level.
I am a permanent district employee, but I am in a new position as an elementary arts teacher. Do I have to be evaluated this year?
One significant victory in our crisis distance learning agreement is that permanent employees will not be evaluated. Some members are permanent employees of the district with more than one credential, including arts itinerants and teacher-librarians. Even if the credential the member is currently using for their position this year is not cleared, the member should NOT be evaluated because they are a permanent district employee. If you are a permanent employee who is scheduled to be evaluated this year, notify your Chapter Chair and ask for a written statement from your administrator that you are to be evaluated. Your Chapter Chair will work with UTLA staff to clarify this issue.
When will we know about the grading policy?
This will be taken on by the UTLA-LAUSD Distance Learning Workgroup. It is not known when it will be discussed.
What is happening with our health benefits for next year?
Dependable healthcare for educators and our families is even more critical in this time of the pandemic. We are prioritizing reaching an agreement with the district that continues our current healthcare plans.
How do we get a substitute if we are sick or have a doctor’s appointment?
You will request a substitute in the same way you have done in the past.
In the last sideletter, illness time was not deducted from members’ illness bank if they were ill due to COVID 19. Is this still the practice?
All employees have access to expanded sick leave (10 days) for COVID-related illness under the federal FFCRA, but will have to use their accumulated sick leave after exhaustion of the 10 days. Employees also have access to expanded family care leave for COVID-related illness under the FFCRA.
Does the time students spend with itinerants (speech, OT, Rec therapy, etc.) count towards the students' synchronous minutes?
Yes. These minutes are provided through live engagement.
Does the five-hour coaching/conferencing/screen time limit for itinerants apply to counseling and DIS?
The five hours daily screen time limit applies to everything done using the computer screen — all services, conferencing, reporting, etc.
Would you clarify the amount of PD/faculty meetings the school is allowed to have under the new MOU?
The side letter and the contract are in effect. As a result, the maximum amount for the entire year is 30 meetings in total, and no more than 2 faculty meetings per month outside of the work day. The sideletter outlines the following: Unit members may be required to participate in one grade level meeting, department meeting, or professional development meeting per week at the direction of the school principal, for a maximum of one hour during the Instructional Support Day. Additionally, the principal may require unit members to attend no more than two faculty meetings per month outside of the work day.
Article IX, Section 4.3 of the UTLA-LAUSD contract says the following: Faculty, Departmental, Grade Level, Staff Development and Committee Meetings: No employee shall be expected to attend more than 30 such meetings per school year (but not more than four in any month).
Will there be a P.E. waiver?
The PE instructional minutes are waived, however PE will continue to be provided to students.
My principal does not agree with changes that I am proposing to the schedule outlined in the sideletter. What is the process for implementing and finalizing proposed changes?
The schedules outlined in the sideletter are samples showing how the instructional minutes can be met using synchronous and asynchronous learning. Minor changes can be resolved via grade level/department chairs in collaboration with the principal or, if the principal is resistant, via the LSLC and potentially a waiver.
My school wants to realign schedules so that lunch occurs simultaneously across the board. Does this require LSLC approval and/or waiver?
This change requires LSLC approval.
My school wants to switch the advisory period with a different period. Does this require LSLC approval and/or waiver?
This change requires a waiver.
According to the sideletter, the end of our instructional day (approximately 1:30-2:15 depending on grade level) would be used for planning and office hours. My principal is saying that mandatory office hours must be held outside of the 9-2:15 day. Which is correct?
Work done outside of 9-2:15 as part of the average 360 minutes per day for classroom teachers shall be performed at the discretion of the teacher, with the exception of two faculty meetings per month to be scheduled by the principal.
Can daily schedules that still meet the required minutes be adjusted without a waiver, as long as the schedule remains constant and the principal agrees?
Yes. The sideletter takes into consideration that during this pandemic there will be adjustments to schedules.
Do the hours on an IEP (Individualized Educational Program) have to be met per week for DIS services or is this going to be modified? Will the IEPs need to be modified to reflect the number of hours because parents are asking for compensatory time?
The hours on the last IEP must be met unless they are modified through the IEP process. All local districts must comply with the federal legislation, Individual Disabilities Education Act (IDEA), of which the IEP is one of the elements.
What should I do if I am assigned a split-grade class?
Per our distance learning sideletter agreement with the district, your site administrator should make every effort to use substitute educators and pool teachers to avoid split classes. Unfortunately, very few of our day-to-day substitute members have the necessary credential to carry a roster and eliminate a split class, but they are able to provide extensive support in the management of a split class, including implementing lessons, providing targeted instruction, and reaching out to parents. Additionally, the site administrator is required to provide a written rationale for why the split class is necessary, and the site administrator needs to be held accountable by members and parents at the site for providing one.
How will substitute teachers be utilized?
All substitutes are being assigned to schools based on student need, in accordance with the number of days per week a substitute member has indicated they’re available for work. Substitute assignments will vary based on student needs at the school(s) they’re assigned to.
If a substitute or contract pool teacher is assigned to help with a split class, who does the planning and carries the roster?
This is a point of contention with the district. UTLA is arguing that the split should be assigned a pool teacher or substitute teacher and no longer act as a split, meaning the pool teacher or substitute teacher would carry a roster and be responsible for planning/grading for one part of the split. The district has taken the position that the pool teacher or substitute teacher should only provide support, as opposed to being assigned full responsibility for one of the grade levels in the split.
My principal is mandating an average of synchronous minutes per period. Do I have to abide by this?
No, you do not. As long as you meet the minutes required by Senate Bill 98, you have the right and freedom to establish your own configuration of synchronous/asynchronous minutes per period.
Is there a cap on synchronous and asynchronous time?
Are teachers required to be on camera (video) for the entire synchronous portion of each day?
Can we videotape our lessons and then play them for students as part of their synchronous learning times?
Live engagement requires that you give timely actionable feedback to students. Videotaped lessons for synchronous learning would require this component.
Can teachers meet one-on-one with students virtually?
I'm being told by my principal that I have to use either Zoom, Microsoft Teams, or Schoology Conference for synchronous instruction, but I strongly prefer another platform.
The district, including principals, has discretion over which platform should be used. However, this can be a site-based organizing issue if the principal is being unreasonable.
I am experiencing issues with troubleshooting with my device and/or I need a hot spot. Can I expense this?
Reach out to your administrator and ask that devices come out of the school site budget. Admin and staff should develop a school site plan to alleviate this issue.
Is LAUSD moving forward with one-on-one afterschool tutoring?
While the UTLA-LAUSD contract does not cover afterschool programs, we have demanded to meet with LAUSD on their plans for voluntary in-person tutoring being provided by our members. Our health and safety expectations for afterschool in-person services are the same as for school-day in-person learning: that the proper resources and policies (including testing, tracing, personal protective gear, disinfection protocols, and proper ventilation) must be in place for UTLA to encourage our members to voluntarily provide in-person services. Please remember that any in-person services provided by UTLA members are strictly voluntary under our distance learning sideletter agreement with the district.
Voting under way on TA - Wednesday, August 12
Voting on the tentative agreement with LAUSD began this morning and will be held over three days — August 12, 13, and 14.
By this morning you should have received an email from Integrity Voting Systems with voting instructions and your Personal Identification Number.
If you did not get the voting email:
• Check your spam/junk folder. The subject line should read: "IMPORTANT: Online Voting Information for the UTLA-LAUSD 2020-2021 Distance Learning Sideletter."
• Check other email accounts you may have, in case that's the email address we have on file for you.
If the email still cannot be located, fill out the Replacement Online Ballots Webform. Please ONLY FILL IT OUT ONCE, or your replacement PIN may be delayed.
The tentative agreement is a win in uncertain times that protects health and safety, strengthens distance learning, and expands student supports. Learn more about specific provisions in our TA video series with the UTLA Bargaining Team on Facebook, Instagram, and Twitter.
Member voting begins Wednesday, August 12 on Tentative Agreement
Voting on the tentative agreement reached with LAUSD begins this Wednesday, August 12 and will be held over three days — August 12, 13, and 14. The vote will be online and run by Integrity Voting Systems. All UTLA members will be emailed a Personal Identification Number Wednesday morning to use to vote online. Voting closes at 5 pm on August 14.
If you do not get the voting email by 11 am on Wednesday, August 12, check your spam folder first. If it's not there, please fill out the web form below, and you will be emailed a PIN.
UTLA MEMBERSHIP CARD APPLICATION
eSIGN THE UTLA NEW DIGITAL MEMBERSHIP APPLICATION
We have teamed up with DocuSign, a leader in the industry to safeguard your eSignature process without having to fax, mail or hand-in your application.
UTLA eSIGN MEMBERSHIP APPLICATION
The UTLA Bargaining Team, Board of Directors, and chapter chairs have all endorsed a YES vote on the Tentative Agreement, here is a summary of the agreement. UTLA Members will vote on the agreement August 12-14. Please watch!
Monday, August 3, 2020 BARGAINING UPDATE
LOS ANGELES – UTLA and LAUSD reached a tentative agreement late Sunday night that meets UTLA’s top priorities of protecting the health and safety of staff and students; closing the digital divide through a “smart start” to the school year and technology support;strengthening crisis distance learning to maintain daily school routines; expanding socio-emotional support during this period of trauma; and ensuring educator discretion and flexibility in recognition of the unprecedented circumstances in which we are living.
“When LAUSD school campuses closed in March, educators, parents and students had to adapt to an emergency moment, and over just a few days. This time, it was important to think through the challenges and to incorporate feedback from that experience — using information from a parent and member survey and feedback from members — which is reflected in this final agreement,” said UTLA Bargaining Co-Chair Arlene Inouye.
The agreement will next go to the LAUSD School Board for a vote as well as a vote of UTLA members next week. If ratified by UTLA members, the agreement will remain in force until December 31, 2020, or until students physically return to LAUSD schools for regular instruction. UTLA and LAUSD will continue bargaining the necessary conditions for a physical reopening of schools. Some key highlights of the TA:
- Daily live interaction.
- An average school day from 9 AM to 2:15 PM. The defined schedule meets the requirements of state law (SB 98).
- Targeted small group instruction, as well as time to focus on social emotional needs of our students.
- Opportunities for ongoing projects, small group work and independent work.
- Mondays are instructional support days; student instructional days are Tuesday-Friday.
- Office hours where students and families can connect with teachers.
- From Aug 20-28, a “Smart Start” to the school year to set the stage for teaching and learning, including using instructional time for walk-through sessions on technology to be used in class and time for outreach to students and parents.
- The afternoons of August 17-18 shall be used for planning and preparation for the beginning of the Academic Year. The afternoon of August 19 shall be used to make initial contact with students and families to make introductions and to explain procedures.
- A flexible work schedule for non-classroom educators and Early Childhood Educators, to meet the needs of students.
There is much more in the agreement on Special Education, Non-Classroom Educators, Substitute Teachers, Early Learners, and more.
“This agreement will be brought to life by educators, students and parents. This MOU is not an end point — it’s a beginning,” said UTLA President Cecily Myart-Cruz. “We must invest more resources to create healthy and safe schools and to build on this MOU with responsiveness to feedback from educators, parents, and students.”
FRIDAY, JULY 31, 2020 BARGAINING UPDATE
UTLA and LAUSD have not yet reached an agreement on remote learning for the start of the 2020-21 school year, but significant progress has been made.
Much of today's back-and-forth has been on the daily instructional schedule. We are pressing for a consistent instructional schedule with regular student-teacher engagement that respects educators' professional discretion.
Bargaining will continue into the night. When an agreement is reached, it will be voted on by UTLA members.
THURSDAY, JULY 30, 2020 BARGAINING UPDATE
In bargaining today, UTLA presented a revised instructional schedule and proposals on remote learning as it impacts all of our members, including classroom teachers, itinerant educators, nonclassroom staff, substitutes, and teachers in adult education, special education, and early education.
As we reported yesterday, the two sides have agreed to:
• drop LAUSD's proposal requiring our members to teach virtually from the classroom
• accept UTLA’s proposal that there be no evaluation of permanent teachers in 2020-21
• accept UTLA’s conceptual proposal for a “Smart Start” of the school year.
We will be back at the table tomorrow determined to get an agreement as soon as possible. We believe we are headed in the right direction to build a more robust remote learning program that works better for students, parents, and educators. When an agreement is reached, it will be put to a vote of the UTLA membership.
Watch Facebook Live tomorrow at 8 am to hear the highlights from the bargaining table.
WEDNESDAY, JULY 29, 2020 BARGAINING UPDATE
The UTLA Bargaining Team met with LAUSD again today and reports significant progress. The two sides have agreed to:
- drop LAUSD's proposal requiring our members to teach virtually from the classroom
- accept UTLA’s proposal that there be no evaluation of permanent teachers in 2020-21
- accept UTLA’s conceptual proposal for a “Smart Start” of the school year.
“By focusing on social-emotional learning, walk-through sessions on technology, and parent outreach, the Smart Start to the school year recognizes this unprecedented moment and lays the groundwork for stronger crisis remote learning,” UTLA Bargaining Co-Chair Arlene Inouye said. “We are gratified that the district abandoned its risky proposal to require all educators to teach from school sites. This will help protect the health and safety of our members, especially those with health conditions or at-risk family members at home.”
We still have many outstanding issues to bargain, including the length of the work day, the structure of the work day, and UTLA’s proposal for a weekly Student Support Day. For context, here are instructional schedules proposed by UTLA and instructional schedules proposed by LAUSD this week.
Also to be discussed further is the option for members to teach from their own classrooms on a voluntary basis. As the pandemic continues to worsen, UTLA has serious concerns about the health and safety of our members. The district has yet to provide clear safety protocols or evidence that it has secured the testing and Personal Protective Equipment necessary for staff to work from school sites, among other issues.
Our Bargaining Team is working hard to reach an agreement and will be back at the table tomorrow. When we reach an agreement with the district, it will be put to a vote of the membership.
LINKS: Proposed Instructional Schedules
TUESDAY, JULY 28, 2020 BARGAINING UPDATE
Bargaining continued today with LAUSD, with some discussion of the instructional day schedule for the fall.
LAUSD continues to push its unacceptable position that our members should be required to teach virtually from the classroom when the school year begins. We once again strongly rejected this attempted mandate.
Our Bargaining Team called out the disrespect behind the district’s stance and questioned how LAUSD can feel so emboldened as to try to force our members — who are majority female and majority people of color — to return to work during a surging pandemic, putting educators' health and safety at risk.
While we know some of our members would like to teach from the classroom, the district has yet to provide clear safety protocols or evidence that it has secured the testing and Personal Protective Equipment necessary for staff to work from school sites.
At this time, UTLA bargaining unit members are not required to physically return to school sites, and that includes ALL of our members — classroom-based and nonclassroom-based staff. If you are asked to do so by your administrator, ask for the directive in writing and forward it to your UTLA Area representative.
We’ll be back at the table tomorrow.
MONDAY, JULY 27, 2020 BARGAINING UPDATE
The UTLA Bargaining Team is in daily negotiation sessions with LAUSD this week on our critical priorities: to not reopen physical schools until it is safe to do so and to strengthen crisis distance learning so it works better for educators, parents, and students — especially our most vulnerable students.
Today, the district proposed requiring educators to provide virtual instruction from their school site classrooms, along with a micro-structured 8:30 am-3 pm school day. LAUSD’s proposals would require an excessive amount of screen time that is not healthy for children, would diminish educators’ professional discretion, and would leave little time for much-needed collaboration.
Our UTLA Bargaining Team rejected these proposals outright.
“The district’s attempt to force staff back to school sites is out of step with the raging pandemic around us,” UTLA Bargaining Team Co-Chair Arlene Inouye said. “We urge the district to turn away from unsafe directives and toward ideas that will truly support our students, like a Smart Start to school to set a solid foundation for crisis distance learning and a weekly Student Support Day to provide the critical social, emotional, and academic supports needed to fully engage in the educational program. There are no shortcuts to dealing with the deep trauma our students have been living through. Last March, we shut down schools with no time to prepare. For this new round of crisis distance learning, we need to set the stage for the best possible outcomes for our students.”
UTLA presented an initial package of conceptual proposals to the district on the impact and effects of starting instruction for the 2020-2021 school year. Our framework, which is subject to negotiation, focuses on the supports students and educators need for remote learning, including:
• No required physical return to campuses.
• A “Smart Start” for the first two weeks of the school year, including using instructional time for walk-through sessions on technology to be used in class and engaging students in deep social-emotional learning in response to the trauma we’re all living through.
• Appropriate and effective technology, WiFi access, and tech support for all preK-12 students, parents, and staff.
• Consistent schedules for elementary and secondary schools with regular student-teacher engagement that is appropriate, pedagogically sound, and includes — but does not solely rely on — live instruction. Our proposed schedule meets all of the instructional requirements of state law.
• A weekly Student Support Day for staff to outreach to students and families and provide the critical social, emotional, and academic supports needed to fully engage in the educational program and allow collaboration between grade levels and departments for best practices in our virtual environment.
• Daily small group advisory periods to support social-emotional learning and systemic scheduling of itinerant educators (including arts, dance, music, and theater arts) to ensure a broad curriculum.
• Increased support for Special Education, including substitute coverage during IEP sessions and mutually voluntary in-person assessments when appropriate and safe.
• Paid prep time for HHS professionals (including School Nurses) before the school year for reengaging with families, identifying resources, setting up crisis teams, identifying students with chronic absences, and other critical work.
• Because of unprecedented crisis learning circumstances, no evaluation of permanent teachers in 2020-2021, not less than 48-hour notice required for administrator observation of live virtual instruction, and probationary teachers being evaluated would have option of using recorded instruction for their evaluations.
• Expanded academic support by substitute educators through assisting with breakout instruction and covering advisory periods and IEP sessions, along with extended professional development and protection of earned healthcare for substitute educators.
• Guidelines for Psychiatric Social Workers, Pupil Services and Attendance counselors, School Psychologists, and itinerant Special Education educators, including flexibility to conduct sessions virtually, by phone, or in person upon issuance of formal guidelines by the district.
• Secondary Counselors given the time to reprogram all secondary students for distance learning before the new school year begins.
• Age-appropriate platforms and district-provided manipulatives for early learners, along with a maximum screen time of 45 minutes for children under 5 years of age.
Our Bargaining Team is back at the table tomorrow. If we reach an agreement with the district, it will be put to a vote of the membership.