What's Up KEA?

Important CEL 5D Timeline

Current state law allows for evaluators to move teachers from a Focus to a Comprehensive evaluation up to December 15. In the last couple of years, we have had evaluators move several teachers to a Comprehensive evaluation on or before December 15.

In our contract, Article VIII states that "The teacher will select student growth goals for Components SG- 3.1, SG-6.1 and SG- 8.1. These will be provided to the evaluator and the evaluator will provide feedback on the rating of the goals...." 
The CBA goes on to say, "the goal setting conference and forms will be completed by November 15." In other words, all three goals must be submitted and rated by November 15. If a teacher is moved to Comprehensive after November 15, and all three goals have not been rated, the evaluator has missed the timeline, and a procedural error has occurred. Therefore, a Comprehensive evaluation can't be completed. Please contact the KEA office if this issue applies to you.
KEA Teachers Rock: Leavenworth Day Trip & Tree Lighting Festival

Seats Available! 
Join your KEA Family for  our 4th Annual Leavenworth, WA Day Trip! 

Saturday, December 14th

We will leave KEA at 9 am and head to Leavenworth on a Beeline Tour Bus. We plan to arrive in Leavenworth by noon. 

There will be a  Tree Lighting Event at 4:30. The bus will leave Leavenworth about 6 pm and head back to KEA. 

Deadline to register and pay November 22.

The cost is only $25 per seat. Click here to register for this event. 
Prior Notice before a Fact-Finding Meeting

Fact-finding meetings are unique to the Kent School District. Most districts find that it is better to talk to the teacher directly when a perceived mishap has occurred; rather than risk the relationship and conduct a formal fact-finding. KEA has become aware that fact-finding meetings are becoming the norm in some buildings when there is a concern. Please be advised that before going into a fact-finding meeting, that you have the right to know the accusation before the meeting. In addition, you have the right to have a KEA rep go in with you. The principal does not get to pick your KEA rep, nor should they be having conversation with other KEA members about the alleged incident.

KEA has been receiving pushback by some of our administrators about whether they need to give prior notice, and whether they should get to choose the KEA rep. It's really not up for interpretation, Weingarten rights are the law. So, if you feel your due process rights have been violated, please contact the KEA office. We will address the issue with the KSD Human Resources Department.
Contract Corner

Dear Contract Corner,

Last week, I was assaulted in my classroom by one of my students. I sent the student to the office but within an hour the student was back in my room. What recourse do I have?

Frustrated and Hurt

Dear Frustrated,
Page 20 of your Collective Bargaining Agreement (CBA), Article 4.5.B.2.c addresses student removal. 

Briefly, this section states that:
  • A student may be removed from your classroom if they are "causing a disruption of the educational process" provided that you've made attempts to apply one or more forms of corrective action first.
  • This section of the contract reflects state law.
  • The student cannot be returned to your classroom without a consultation. 
Here is the actual language from page 20:
Removal: Any student who creates a disruption of the educational process in violation of the building disciplinary standards while under an employee's immediate supervision may be excluded by the employee from his or her individual classroom and instructional or activity area for all or any portion of the balance of the school day or until the principal or designee and employee have conferred, whichever occurs first; provided that except in emergency circumstances, the employee shall have first attempted one or more alternative forms of corrective action; provided further, that in no event without the consent of the employee may an excluded student be returned during the balance of that class or activity period or up to the following two days, or until the principal or his or her designee and the teacher have conferred. (See RCW 28A.600.020).
You may have heard from your principal that a student cannot be excluded from the classroom for more than a "brief duration" for behavioral violations. This is a new state law being phased in. A brief exclusion from the classroom to try to reset behavior does not need to be reported to parents. If the exclusion is longer than of brief duration, parents need to be notified. However, this does not mean you cannot exclude a child for more than a brief duration. It just means the parents need to be notified. The law does not state that the teacher must be the one to contact parents. OSPI states that this law change does not take away your right to remove a student from the classroom for part or all of the day/period, as stated above and in state law.

Additionally, in Article 4.5.C.6 under Employee Rights, after an assault has happened:
  • All receiving employees must be made aware of the student's record.
  • A written plan for "behavior improvement" must be developed by the principal, parents, and employee, at the employee's option before a student will be admitted to the class.
  • If a student already has a FBA, BIP, IEP or 504 plan the school need not develop another plan. 
Here is the actual language:  
  1. Before any student is admitted into a class (a) after having assaulted, threatened, or intimidated by threat of force or violence an employee; or (b) if the student has a documented history of violent or threatening behavior, all receiving employees and any other personnel who, in the judgment of the principal with input from one or more of the employees to whom the student is assigned, supervise the student or should be aware of the student's record, shall be notified.
  2. A written plan for behavior improvement and specific behavior expectations shall be developed by the principal and the appropriate employee(s). The principal and the employee, at the employee's option, shall meet with the parents or guardians and the student to review and discuss the conditions of behavior improvement and behavior expectations before the student will be admitted to the class. If the employee does not agree with the plan, and at least two previous plans or plan revisions have been tried for this or similar behaviors, an appropriate district-level administrator will attend class with the student for the equivalent of a full school day and mediate a mutually agreed plan, including possible alternative classroom placements or staff reassignments, until mutual agreement is reached.
  3. If a student is already the subject of a current Functional Behavioral Analysis (FBA), Behavioral Intervention Plan (BIP), an Individualized Education Plan (IEP), a 504 Plan, or some other written plan based on the student's education and/or behavioral needs, the school need not create another plan under this section, except as required by state or federal law. Under such circumstances, however, the plan shall be shared with other employees or personnel as required by this section. A student may only be excluded from school or a classroom under this section if such exclusion is not in conflict with state or federal law. 
If you have been assaulted, please contact the principal so that they can fill out an assault protocol.


The Contract Corner Team
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