Distance Learning MOU

MEMORANDUM OF UNDERSTANDING
BETWEEN
SAN LEANDRO UNIFIED SCHOOL DISTRICT AND
SAN LEANDRO TEACHERS’ ASSOCIATION
 DISTANCE LEARNING DUE TO SCHOOL CLOSURES DURING COVID-19 PANDEMIC
 APRIL 1, 2020
 
The San Leandro Unified School District (“District”) and San Leandro Teachers’ Association (“Association”) enter this Memorandum of Understanding (“MOU”) regarding distance learning related to the coronavirus (“COVID-19”) pandemic.  The Parties recognize there is a need to close schools (“emergency school closure”) and move to a distance learning model to allow for social distancing, as recommended by public health officials to prevent the spread of illness arising from COVID-19 during the 2019-2020 school year.
 
The District and Association agree as follows:
 
Defining “Distance Learning,” Assessment, and Student Expectations
1.              The District and Association recognize the importance of maintaining safe learning opportunities for the benefit of the students and communities served by the District and its certificated staff. For the purpose of this MOU, “distance learning” means instruction in which the student and instructor are in different locations. Methods could include on-line instruction, emails and other means of communication.
          
 2.             District and State assessments scheduled after March 16, 2020 have been suspended.
 
3.             Distance Learning activities provided to students will include enrichment, engagement, and review through teacher created home learning distance learning resources and online platforms. Students will be “held harmless,” and will not receive a lesser grade than their grade when District schools closed, as a result of engaging in distance learning during this unprecedented time. This aligns with the State Superintendent of Public Instructions’ (SSPI) recent statements that assessments should not be used during this time as a summative measure, but rather as a formative measure to gauge instruction and areas where students may need support. Following further 
guidance from the California Department of Education (CDE), SSPI, or Governor, the parties will meet again to determine additional options for grading to ensure equity.
 
4.             The District, in collaboration with the Association, agrees to make provisions for certificated staff to enable students to engage in a unique education delivery model - distance learning. This model will provide teachers with an alternative method of delivering instruction that does not require unit members to physically report to work.
 
 
Equipment, Training, and Technical Support
1.             The District shall provide all necessary equipment, refer employees to free internet resources,  and any other necessary equipment to deliver distance learning. If a bargaining unit member does not have sufficient access to internet resources, the District shall work with that member on a case-by-case basis.  Staff shall not be liable for damage to District equipment.  Bargaining Unit Members shall not provide printed worksheets. 
 
2.             Bargaining unit members shall receive professional development on the use of technology and the delivery of instruction via distance learning. Professional development shall take place virtually prior to the implementation of distance learning.
 
3.             The District Shall communicate information regarding training opportunities that are available during contractual time with all bargaining unit members via email.
 
4.             The District shall provide bargaining unit members access to District provided technical support via virtual tools. This may include access to technical support personnel, helplines, and other technical support from District vendors and/or staff, as well as instruction on distance learning platforms and instructional materials.
  
5.         The District shall provide a central location (district website) or (a shared on-line folder) for Bargaining Unit Members to access on-line resources and information, and prioritize resources for curricular continuity.
 
Preparation Time to Implement Distance Learning
1.              April 6 and April 7 shall be reserved as planning and training days.  Bargaining unit members shall be provided that time to prepare lessons and resources to transition to distance learning.
 
2.             During the week of April 6 - April 10, the District shall provide access to classrooms for retrieving materials during the planning and training days.  Teachers will follow social distancing protocols, and have  a maximum of one hour to retrieve materials and belongings from their classroom or designated work space.   The district will provide a signup list for school access to ensure that social distancing is maintained. 
 
Communication, Collaboration, Privacy, and Security
1.             Bargaining unit members shall check their District email daily during the regular work week.
 
2.             Staff may collaborate virtually as they deem necessary and appropriate while they are engaged in distance learning. Recognizing this unique situation, the time and manner of collaboration will not be determined by District or site administration.
 
3.             On a weekly basis, unit members shall inform parents and students of their availability to provide support and clarification via email and/or other virtual platforms. Bargaining unit members shall use their district email account in communications with parents or students.  Bargaining unit members will not be required to provide personal cell phone numbers to parents  or students.
 
 
4.             Virtual staff meetings, if needed, shall be held in accordance with the current negotiated agreement.  Bargaining unit members who are not available during the scheduled staff meetings are responsible for watching a recorded version (if made available). Bargaining Unit Members shall be notified at least two (2) days before a required virtual meeting (including but not limited to staff meetings, IEPs, grade level and department collaborations). 
 
 
5.             The District will provide training on virtual security, with special attention paid to on-line, real-time video formats.  Students will only be permitted to participate in live video/audio lessons after the District has secured parent/guardian permission for such activity and agreed to the District’s acceptable use policy, pursuant to Education Code Section 51512.
 
 
 
Curriculum Content and Scheduling
1.             Any curriculum resources or lessons provided by the District should be considered the baseline (or a starting point for instruction during this period of distance learning). Teachers may customize the content to meet the needs of the students in their class(es). Bargaining unit members may choose to be innovative and develop activities to support and encourage their own innovative teaching modalities. Unit members shall not be evaluated on those lessons and/or instruction during this pandemic/period of distance learning.
 
2.             Bargaining unit members will be expected to provide instruction, resources, and support to students through distance learning. However, considering the personal challenges presented by the COVID-19 pandemic (e.g., members’ own childcare concerns/needs), bargaining unit members shall not be required to maintain a set daily schedule throughout the emergency school closure; however, teachers should try to maintain a daily schedule to the best of their ability.
 
3.             The coursework provided to students shall have the intention of promoting continuity of learning while students are not in school. This will include enrichment, intervention, and/or exposure to new material. The pace of instruction shall be at the discretion of the teacher based on the needs of one’s students. The work provided will not require summative assessments.
 
4.             Bargaining Unit Members shall not be required to host and lead live, real-time virtual instruction more than 3 hours per week (prorated as a percentage of FTE).
 
5.             The District will provide clear instructions for grading and assessments, specific to each level of education, by April 13, 2020, for grading during the final grading period.  The District will communicate those expectations to the families of SLUSD students.
 
 
Special Education, Counselors, and Psychologists
The parties agree to meet at the request of either party to address implementing guidance from the CDE and/or Federal Department of Education in order to provide equitable and appropriate education for students with special needs. Special education teachers will work collaboratively with core content teachers via a virtual platform to adapt lessons to meet the needs of students in a digital learning environment and ensure that lessons and activities are appropriate, as documented in the student’s IEP.
 
1.             All students with disabilities will be provided continuity of learning through a variety of distance learning resources, as appropriate. This enables all students access to the same learning opportunities.
 
2.             Related Service Providers (Adapted PE, etc.), will prepare appropriate distance learning activities that can be performed at home.
 
3.             Virtual tools shall be used to hold any necessary IEP meetings and to meet and collaborate on a student’s IEP.  The district shall obtain parent/guardian signatures and send a hard copy of the IEP to students’ families.
 
4.             School Psychologists may provide appointments for students for social emotional and/or behavioral needs as deemed necessary by the psychologists, as well as communicate with families to provide support. Any appointments scheduled may be conducted by, telephone or virtual tools.
 
5.             Counselors may provide virtual or telephone appointments to students for academic counseling, monitoring, and guidance. These appointments or conversations may be conducted via email, telephone, or other virtual tools, as appropriate.
 
6.             Speech and Language Pathologist may provide individual and/or group virtual lessons. These lessons may be conducted via email, by telephone, or other virtual tools, as appropriate.
 
7. If an extended school year is needed to meet IEP requirements, SLTA and SLUSD will negotiate the professional expectations  impact of those requirements.
 
 
Evaluations, Credentialing and Professional Status
1.             Bargaining Unit Members receiving a satisfactory evaluation as of January 25, 2020, shall have their final evaluations reflect a final satisfactory rating.  Bargaining Unit Members who received notice of a potential unsatisfactory evaluation as of January 25, 2020, shall have their evaluations voided and shall be placed in the evaluation cycle for the 2020-2021 school year.  It is understood that teachers may be developing lessons to be delivered via a new modality.  Teachers shall not be evaluated based on the “quality” of those lessons or instruction during this crisis. Final evaluation conferences shall be held virtually and signed electronically.
 
 
2.             The status of members in the District’s Induction program shall not be affected by the school closure, unless induction requirements are not completed.
  
 
 
Miscellaneous/Other Provisions
1.             Upon the State/County/District determining schools are safe to reopen, the District shall provide at least 48-hour notice to all unit members to prepare for return to the classroom with students.
 
2.             The first workday back to District work sites shall be a non-student day for preparation to  resume in-person classes, and all District classrooms/facilities shall be cleaned/disinfected (and in accordance with any previously agreed to conditions between the parties).
 
3.             All components of the current Collective Bargaining Agreement between the Association and District not addressed by the terms of this agreement shall remain in full effect. This agreement is non-precedent setting.
 
4.             This MOU resolves the negotiable effects of distance learning due to COVID-19. The District and/or Association reserve the right to negotiate any additional impacts related to COVID-19 and/or additional school closures in the 2019-20 school year.
 
 
This MOU shall expire in full without precedent on June 30, 2020, unless extended by mutual written agreement.