Negotiations Update: FUSD/FUDTA

Posted January 29, 2024

Negotiations Update – FUSD/FUDTA – Session 1 – January 29, 2024

The Fremont Unified School District (FUSD) negotiations team and the Fremont Unified District Teachers Association (FUDTA) negotiations team met on January 29, 2024 to negotiate a successor agreement.

In our first session, the teams worked to establish norms and review processes for this year’s negotiations. The parties already shared publicly their respective sunshine documents at the January 17, 2024 FUSD Board of Education meeting. “Sunshine” documents are a required element of the laws for collective bargaining where each party must declare publicly the scope of what will be negotiated.

FUDTA provided FUSD with fifteen (15) formal written proposals, one for each article FUDTA opened. FUSD provided two (2) written proposals to FUDTA. FUSD will provide more of its initial proposals at the next scheduled session on February 2, 2024, along with a summary of estimated costs related to FUDTA’s proposals.

Key aspects of the proposals are outlined for reference only, and may not cover all details of the scope of changes proposed. For further detail, please see each proposal exchanged with the hyperlinks included below:

FUDTA Proposals Provided to FUSD – January 29, 2024

Article 1 Agreement – FUDTA proposed the following:

• 3-year agreement, 2024-2027
• Removing requirement for majority threshold of total unit members at a site when voting to alter the workday of more than two consecutive days

Article 7 Hours – FUDTA proposed the following:

• Changing work hours for State Preschool Teachers, from 4 hours to 5 hours.
• Incorporating language from existing Extended Day Kindergarten MOU’s into the contract
• Alterations to schedules such as those related to the length of the instructional day, lunch period, and/or preparation periods, Additional Required Time (37 hours), Back to School Night as well as Open House dates and times shall be established by a majority agreement of the unit members that have voted at the site, not the total number of unit members assigned to the site
• Add Club Advisors and Site Liaison to the list of duties that count towards Additional Required Time (37 hours)
• Kindergarten teachers to be credited with assigned Adjunct Duty time (10 minutes) for any supervision duties completed with their own students after the instructional minutes for Kindergarten
• Any loss of preparation time to be compensated at the unit members per-diem rate, not the existing hourly rate

Article 8 Leaves – FUDTA proposed the following:

• The first 20 (twenty) days of Parental Leave shall be paid by the district at the member’s per diem rate.

Article 11 Working Conditions – FUDTA proposed the following:

• Incorporating language from existing Extended Day Kindergarten MOU into the contract
• Add language to address “designated parking areas” in addition to or in place of parking lots on FUSD property when a parking lot is full or unavailable in regards to recouping damages to a unit members vehicle
• Provide each unit member, with a working computer, email address, access to appropriate online curriculum resources, and a working document camera and projector

Article 12 Class Size – FUDTA proposed the following:

• Elementary Class Size Maximums
  • TK-2nd = 24
  • 3rd-5th = 26
• Combination classes and English Language Development (ELD) maximums:
  • K-2nd = 24
  • 3rd-5th = 26
• FUSD makes every effort to provide each unit member in a kindergarten class with assistance from an instructional paraeducator for at least one (1) hour daily.
• A general education member in a grade K- 5 combination class will have assistance from an instructional paraeducator for at least two (2) hours daily, currently in place for grades K-3.
• Secondary Class Size Maximums as follows:
  • P.E. and Music performance 40
  • Core classes (English, Social Science, Math, Science) 31
  • All other classes 33
  • Bilingual, Sheltered, English as Second Language (ESL) 29
  • Immersion 29
  • English Language Development (ELD) 24
  • ELD core English class size
    • ELD Level 1 – 12
    • ELD Level 2 – 16
    • ELD Level 3 – 20

• If class size maximums are exceeded, unit member(s) would receive compensation of $200 per month per student, not to exceed the class size maximums plus three (3) students. A unit member who works with these extra students on a part-time basis will receive a pro-rata payment in addition to the amount paid to the classroom teacher.
• Special Education Class Size Maximums:
  • Mild to Moderate and Moderate (to include Pre-School inclusion when available):
    • Pre-School-Grade 5: 8-10
    • Grades 6-12: 10-12
  • Special Day Class: Moderate to Severe, Intensive Instruction
    • Pre-School-TK: 8
    • Grades K-5: 6-8
    • Grades 6-12: 6-10
• Secondary School Counselor Ratio: 1:250 students
• Minimum of 1 school counselor at each elementary school site
• School psychologists ratio: 1:500 students
• Speech and Language Pathologist caseload maximum of fifty-five (55) students; take into consideration an analysis of all requirements unit members are responsible for.

Article 19 Substitutes – FUDTA proposed the following:

• Provide all substitutes with District email address, and access to online materials necessary to teach assignments to students based on lesson plans provided by teachers
• An additional one (1) paid in-service day at the beginning of the second semester for newly employed substitutes, or those not able to attend in service day at beginning of the first semester

Article 22 School Calendar – FUDTA proposed the following:

• Teachers of grades 9-12 would not participate in the 12 set hours (2 workdays) established for family conferences.
• Slight alterations to when teacher workdays and professional development days take place.
• Incorporation of language from the Extended Day Kindergarten MOU.
• Ensure that the last workday for unit members is not a Monday and adjust start and end dates for the school year accordingly

Article 23 Fringe Benefits – FUDTA proposed the following:

• 2024-25: The district will pay the first $1,000 of every premium paid through the district beyond the employer contribution
• 2025-26: The district will pay the first $1,500 of every premium paid through the district beyond the employer contribution
• 2026-27 and beyond: The district will pay the first $2,000 of every premium paid through the district beyond the employer contribution
• Dental Insurance – the district will pay the entire premium, prorated on full-time employment status, for the unit member’s dental plan

Article 24 Salaries – FUDTA proposed the following:

• Effective July 1, 2024 – 6% ongoing salary increase for all unit members, including all Appendices (A-E)
• Effective July 1, 2025 – 6% ongoing salary increase for all unit members, including all Appendices (A-E)
• Effective July 1, 2026 – 5% ongoing salary increase for all unit members, including all Appendices (A-E)
• Secondary Teachers who teach an additional section above their 1.0 FTE assignment shall be compensated as a 1.33 FTE

Article 36 Special Education – FUDTA proposed the following:

• Additional hours above and beyond the established workday were previously paid at the established hourly rate, FUDTA proposes additional hours to be  paid at a unit members per-diem rate
• School Psychologist ratio: 1:500 Students
• Reduce the school psychologist and program specialist workday by 30 minutes and align CBA language with that of other unit members.
• If a paraprofessional is absent or the position is not filled, unit member(s) directly impacted will be compensated at their per diem rate for performing any required extra duties
• A speech therapist familiar with assistive technology may substitute for an assistive technology specialist. A program specialist or other specialist who has been trained on program specialist work may substitute for a program specialist and be paid at the program specialist rate and get paid for additional extra hours for their own rate if they are not provided a substitute.

Article 38 Counselors – FUDTA proposed the following:

• Proposals related to voting for elementary and secondary counselor department chairs where counselor department chairs would be split up by elementary and secondary in addition to by attendance area. Stipend for elementary counselor chair, annual 6% stipend
• Reduce the counselor workday by 30 minutes (2.5 hours per week) and align CBA language with that of other unit members.
• The district shall provide a substitute for unfilled positions. The district shall maintain a substitute list for FUSD counselors and the district shall find a substitute for a counselor who is absent. When a counselor will be on leave for two (2) weeks or more, a counselor substitute will be hired after the first week.

Article 39 Pre-school – FUDTA proposed the following:

• A new hourly salary schedule that provides increases based on number of years of service
• Incorporate previously agreed to language from established MOU’s

Article 40 Nurses – FUDTA proposed the following:

• FUSD shall maintain 20 FTE for nurses, an increase from the current 15

Article 41 Center of Independent Learning (COIL) – FUDTA proposed the following:

• Improve clarity of language to match current interpretation and implementation of this Article

Appendix E –  FUDTA proposed the following:

• Align stipends for individuals in their first year of a stipend position to those for individuals in their second consecutive year and beyond thus removing column A
• Increase stipends for cheerleading to be equivalent with those of other sports
• Eliminate varsity gymnastics stipend
• Add JV water polo stipend
• Increase stipends for activity director and athletic director

FUSD Proposals Provided to FUDTA – January 29, 2024

Appendix G Criteria for Long-Term Substitute Teachers and Temporary Teachers Positions (established in 1996) – FUSD proposed the following:

• Elimination of this appendix, which defines temporary teachers and long-term substitutes in a manner that is not in accordance with California Education Code.

Article 16 Temporary Unit Members – FUSD proposed the following:

• Place temporary unit members on the salary schedule in accordance with Education Code and other Articles of the Collective Bargaining Agreement
• Eliminate the section providing rehire rights to temporary unit members that are only given to probationary members per Education Code.
• Align language regarding the filling of vacancies to align with Article 9 and Education Code.

Next Steps

FUSD remains committed to working with FUDTA on a successor agreement that supports students and FUDTA members while ensuring that the District remains on solid financial footing.

The next negotiations session is scheduled for Friday, February 2, and the draft agenda includes the following:

• Review current and projected FUSD financial picture
• Discussion related to Article 30 and Article 37
• FUSD anticipates reviewing some of its own initial proposals with FUDTA and further discussing the content and fiscal implications of the FUDTA proposals already received.

January 29, 2024 Negotiations Teams for FUSD and FUDTA