AGREEMENT BETWEEN THE

AGREEMENT BETWEEN THE

AMADOR COUNTY SUPERINTENDENT

OF SCHOOLS

AND THE

SPECIAL EDUCATORS OF AMADOR COUNTY/CTA/NEA

JULY 1, 2007 – JUNE 30, 2009

Printed September 2007

I. Agreement......................................................................................... 1

II. Recognition....................................................................................... 2

III. Definitions......................................................................................... 3

IV. Association Rights and Availability of Agreement................................ 4

V. Organizational Security/Professional Dues/Payroll Deductions/TRACS . 5

VI. Work Days and Hours....................................................................... 8

VII. Class Size and Student Information.................................................. 12

VIII. Evaluation Procedure....................................................................... 15

IX. Personnel Files................................................................................ 19

X. Leaves............................................................................................ 20

XI. Assignment, Transfers, Reassignment............................................... 32

XII. Health-Safety.................................................................................. 36

XIII. Grievance Procedure....................................................................... 37

XIV. Compensation................................................................................. 42

XV. Part-Time and/or Shared Positions................................................... 46

XVI. Fringe Benefits................................................................................. 48

XVII. Reimbursement................................................................................ 50

XVIII. Professional Accountability.............................................................. 51

XIX. Retirement....................................................................................... 53

XX. Negotiation Procedures................................................................... 54

XXI. Savings Provisions........................................................................... 56

XXII. Peer Assistance and Review............................................................ 57

XXIII. Teacher/Instructional Aide Assignment and Working Relationship....... 58

XXIV. Duration and Ratification.................................................................. 59

EXHIBITS

A. Salary Schedule/Stipends................................................................. 60

B. Department Chair Job Description................................................... 62

C. Employee Evaluation Form.............................................................. 63

D. Interest to Transfer.......................................................................... 68

E. Grievance Forms............................................................................. 69

F. Approval of Units on Salary Schedule Forms................................... 72

G. Memorandum of Agreement for Job Sharing.................................... 75

H. Mileage Chart.................................................................................. 77

. This Agreement is between the Governing Board of the Amador County Office of Education (hereinafter referred to as ACOE) and the Special Educators of Amador County (SEAC) CTA/NEA (hereinafter referred to as "Association").

The Association and the ACOE agree that the collective bargaining process (hereinafter referred to as Interest-based Bargaining) can promote a shared responsibility for resolving educational problems. The Association and the ACOE recognize that problem solving requires a more open, flexible process, one that encourages participants to understand the interests of all parties, to think creatively about options and reach consensus on decisions.

2.1 The ACOE recognizes the Association as the exclusive representative for those
certificated employees employed in the following classifications:

Limited-term contract (temporary or provisional) Employees, except they are
exempted from the following:

3. Salary and Related Matters Article, except 1st paragraph regarding placement.

3.3 "School Year" means all school days, institute or workshop days from the first school day to the last school day inclusive.

3.5 "Immediate Family" means the spouse, registered domestic partner, mother, father, grandparents, son, son-in-law, daughter, daughter-in-law, brother or sister, grandchildren, and foster children of the employee or of the spouse (or registered domestic partner) or surrogate parents or any person living in the immediate household of the employee.

3.6 "Increment" means as one of a series of additions to salaries earned through longevity.

3.7 "Unit" means a semester credit in a collegiate institution recognized by California State Department of Education or an equivalent amount of credit granted by the Board of trustees for an activity such as, but not limited to travel, research or writing, that relates to the employee's present or potential teaching assignment.

(One quarter unit equals 2/3 semester unit.) For purposes of this schedule, B.A., B.S., or B.E. degree is equivalent to an A.B., but in all cases the degree must have been earned with a major and program of study acceptable by teacher training institutions of California for the completion of a teaching credential.

3.8 “Per diem” means annual salary divided by the number of days a teacher is required to be on duty.

4.1 One bulletin board may be set up in each school to be used for Association and/or ACOE use.

4.2 The Association may make use of facilities for Association business by prior arrangements with the site administrator, providing such use shall take place outside of the employee's assigned work day.

4.3 The Association may use school equipment for Association business when such equipment is not otherwise in use and when prior approval has been secured from the site administrator, providing such use shall take place at times other than during the employee's assigned work day. The Association shall pay for the cost of all materials and supplies incident to each use.

4.4 The Association may use, for Association business, the District mailboxes, and school telephones for local telephone calls. Copies of all information of a general nature distributed through the District mail system shall be provided to the Superintendent.

4.5 When changes to the contract are approved by both SEAC and the Board, the revised articles will be sent to each employee. The Association will annually reconsider the redistribution of a complete updated contract to each employee. The following key positions shall annually receive a complete updated contract:

4.6 The Employer will provide the Association with two (2) Board Packets at least 48 hours prior to any regularly scheduled meeting and 24 hours prior to any special meeting.

4.7 Ten (10) "release days" shall be granted to the SEAC/CTA/NEA President to conduct SEAC business. Days shall be approved in advance by the Director so that certificated classroom supervision can be arranged.

4.8 The Employer will furnish a copy of this agreement to any new Employee within one (1) month of being hired.

5.1 The ACOE and Association recognize the right(s) of employees to join and participate in activities of employee organizations.

5.2 The ACOE shall deduct from the monthly paychecks of each employee the dues and other amounts authorized in writing by the employee.

5.3 The first calendar Tuesday shall be reserved for Association work and business. Conflict dates will be adjusted through mutual agreement during formulation of the school District calendar. No ACOE or individual site meeting(s) requesting or requiring teacher attendance after regular school workday times shall be scheduled on these days. These dates shall be placed on the District Master Calendar.

5.4 Any employee who is a member of the Association, or who has applied for membership, may sign and deliver to the ACOE an assignment authorizing deduction of unified membership dues. Such authorization shall continue in effect until withdrawn in writing. Association members who currently have authorization cards on file for the above purposes need not be re-solicited. The ACOE shall deduct one-tenth (1/10) of such dues from the regular salary check of the employee each month for ten (10) months.

5.5 Deductions for employees who sign such authorization after the commencement of the school year shall have a prorated amount deducted from their regular salary check each month of the time remaining.

5.6 Any unit member who is not a member of the Association, or who does not make application for membership within thirty (30) days of the effective date of this Agreement, or within thirty (30) days from the date of commencement of assigned duties within the bargaining unit, shall become a member of the Association or pay to the Association a fee in an amount equal to membership dues, initiation fees and general assessments, payable to the Association in one lump-sum cash payment in the same manner as required for the payment of membership dues. In the event that a unit member does not pay such fee directly to the Association, the Association shall so inform the ACOE, and the ACOE shall immediately begin automatic payroll deduction as provided in Education Code Section 45061 and in the same manner as set forth in this Article. There shall be no charge to the Association for such mandatory agency fee deductions.

5.7 Any unit member who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to join or financially support the Association as a condition of employment; except that such unit member shall pay, in lieu of a service fee, sums equal to such service fee to one of the following non-religious, non-labor organization, charitable funds exempt from taxation under section 501 © (3) of Title 26 of the Internal Revenue Code:

To receive a religious exemption, the unit member must submit a detailed written statement establishing the basis for the religious exemption. The Association Executive Board shall communicate in writing to the unit member its acceptance or rejection of the exemption. IF accepted, the unit member shall make the payment to an appropriate charity as described above. Such payment shall be made on or before the due date for cash dues/fees for each school year.

5.8 Proof of payment shall be made on an annual basis to the Association and ACOE as a condition of continued exemption form the payment of agency fee. Proof of payment shall be in the form of receipts and/or cancelled checks indicating the amount paid, date of payment, and to whom payment in lieu of the service fee has been made. No in-kind services may be received for payments, nor may the payment be in a form other than money such as the donation of used items. Such proof shall be presented on or before the due date for cash dues/fees for each school year.

5.9 Any unit member making payments as set forth in sections above, and who requests that the grievance or arbitration provisions of this Agreement be used in her or his behalf, shall be responsible for paying for reasonable cost of using said grievance or arbitration procedures.

5.10 With respect to all sums deducted by the ACOE pursuant to sections above, whether for membership dues or agency fee, the ACOE agrees to remit such monies promptly to the Association accompanied by an alphabetical list of unit members for whom such deductions have been make, categorizing them as to membership or non-membership in the Association, and indicating any changes in personnel from the list previously furnished.

5.11 The Association and ACOE agree to furnish to each other any information needed to fulfill the provisions of this article.

5.12 Commencing July 1, 2005, deductions will be made at the rate of $240.00 per year toward contributions for TRACS for ACOE employees. The Amador County Unified School District / ACOE will match employee contributions with a $240.00 per year contribution for the duration of the TRACS program.

6.2 The employee work year shall consist of a total of 183 work days. One service work day shall be flexibly scheduled by mutual agreement between the teacher and site administrator. This day may be scheduled either before, during or after the regular school calendar of student attendance days.

· High School Counselors will work five (5) additional scheduled days at per diem rate and may work ten (10) additional scheduled days as mutually agreed to by the site administrator and counselor.

· Elementary and Junior High Counselors may work up to five (5) additional days as determined by the counselor and their site administrator.

· Agriculture Incentive Teachers (one per FFA) may work up to twenty (20) additional days as determined by the teacher and site administrator in compliance with Ag. Incentive Grant as long as funds are available.

6.3 The employee work day shall be seven (7) hours, excluding a lunch period of a minimum of thirty (30) consecutive minutes duty free.

The following are calendar parameters that would be applied to the development of the school calendar, which calls for 180 student days. If the calendar went outside of these parameters, the change would be negotiated between the ACOE and the Association:

o The following days shall be non-work or holiday depending on the bargaining unit:

When any holiday falls on a Sunday, it shall be observed the following Monday. If a holiday falls on Saturday, it shall be observed the preceding Friday.

6.4 Individual variations from the work day when not adversely affecting the school or ACOE may be arranged between the teacher and site administrator, with the approval of the Superintendent. A teacher who volunteers to be employed as a tutor in the District’s after-school tutoring program, and whose tutoring duties fall within his/her workday of seven (7) consecutive hours (excluding lunch), may, with the approval of the site administrator, and the Superintendent, interrupt the workday for a tutoring session of not more than 90 minutes, and then resume the remainder of the workday at the end of the tutoring session.

6.5 Teachers shall teach a maximum of 54,000 minutes per year. Teaching time refers to the instructional minutes calculations as required by Ed. Code 46201.

6.6 Itinerant staff will manage preparation period based on site assignment and student scheduling.

6.7 At the K-6 levels, a minimum preparation period of forty‑five (45) minutes shall be provided each day. No required meeting(s) shall be held during the scheduled elementary preparation period (except by consensus of the teacher staff).

6.8 At the junior high and high school levels, the preparation periods shall be staggered throughout the work day and work week. Preparation time may not be provided on a daily basis but shall be equalized over a two (2) week period.

6.9 Holidays that may occur on Mondays will not be made up as part of any equalization effort. On a regular seven (7) period schedule daily preparation equivalent to a class period will be provided. (Teach 6 ~ Preparation 1).

Within an eight-period schedule, each general education teacher shall be given a regular preparation period and study hall equivalent in time to the regular class periods. Study hall students will be distributed to all general education teachers in a way that study hall class sizes will be equitable. Any variance from a study hall class assignment cannot include a class that is offered for credit. No more than 10% of a full-time general education site staff will be placed on a “special assignment” in-lieu of a study hall assignment without a 2/3 full-time staff approval. Any in-lieu assignment must be established by mutual agreement of the teacher and principal. Efforts will be made to provide preparation and study hall on alternate days, if possible. General education study hall teachers will not be required to give homework or teach an assigned curriculum but will be expected to maintain appropriate classroom control.

6.11 Teachers through approved scheduling have a duty free preparatory time equivalent to other staff members at their assigned school site.

6.12 A class for credit that is taught outside of a regular scheduled full-time teaching assignment (i.e., “0” period or on a prep period) will be allowed as follows:

d) equivalent of a full-time prep period plus 1/6 of the prep period will be added to the teacher’s work day which may be divided/equalized over alternate days;

e) a teacher will not teach an extra class for consecutive years if there is an interest by other staff members to teach that class;

f) the site principal and department head will decide the teacher assignment for the class.

6.13 The Association and ACOE recognize that additional time may be needed to address staff meetings ‑‑ not to exceed two (2) one‑hour meetings per month. Compensating time off (CTO) will be provided upon request by employee. Professional discretion will be used by employee and site administrator in scheduling of CTO.

6.14 Adjunct Duties:
It is recognized and agreed that certificated employees' duties and responsibilities continue beyond the work day for which additional compensation may not be provided. These include but are not limited to:

1.         Club and class advisors.
2.         Reasonable number of in-service assignments.
3.         Student supervision.
4.         Reasonable number of faculty meetings.
5.         Public school nights.
6.         School activities such as seasonal programs, etc.

6.15 Less than full time employees/preparation period: an employee teaching four hours or more shall receive 1/2 hour preparation period. An employee teaching less than four hours shall receive no preparation period.

6.16 An employee working less than full-time will be paid the following fractions of their placement on the salary schedule:

Seven Period Schedule Eight Period Block Schedule
1 hour (1 period) .1666 1 period .1667

6.17 Travel time shall not be considered as duty-free lunch period or preparation period time.

6.18 Employees shall be compensated for working days required by the Employer that are in excess of one hundred eighty-three (183) days at the Employee's regular rate of pay.

6.19 The Employer will provide morning and afternoon breaks of not more than ten (10) minutes in length for all full-time Employees except in emergencies. However, the Employee is responsible for scheduling these breaks in his or her daily schedule.

6.20 In addition to the work day defined above, required meetings shall be held on a scheduled basis. There shall be no more than an average of one (1) meeting per month of not more than two (2) hours for County activities (maximum of ten [10] meetings per year). All unit members are required to attend the monthly staff meeting. A minimum of 15 minutes during each meeting shall be allocated for Association business. Employees shall not be required to attend this portion of the meeting. Additional mutually agreed upon Association/County meetings may be scheduled to discuss mutual concerns. In addition, Employees are expected to attend applicable school staff meetings and other special meetings, i.e. General Education Staff Meetings, IEPT meetings when appropriate, Back-to-School Night, Open House, etc., at the school site(s). Employees who serve more than one (1) school site may apportion their time appropriately.

6.22 Employees serving as official representatives to other school related professional agencies may do so as part of their work assignment. Prior approval shall be obtained from the Director or immediate supervisor a minimum of 48 hours prior to event, to serve in such capacity.

6.23 SEAC members who are itinerant (assigned to multiple school sites) will not have to serve bus and/or yard duties.

7.1 The ACOE agrees to assign pupils in compliance with state law within the constraints of financial resources and available facilities. The ACOE further agrees to support the assignment of students within the ACOE in such a manner as to equalize the teaching load within grade levels and/or subject matter areas insofar as possible.

7.2 Pupils shall not be placed in any classroom in larger numbers than the capacity of the teaching facility and/or basic work station.

Numbers 7.3, 7.4 and 7.5 below are from the ACTA contract and apply to general education classes not to special education classes.

A. Thirty (30) students for Grades K-3
Thirty-two (32) students for Grades 4-6
Twenty-eight (28) students for Multi-grade Combinations

B. In grades K-6, one student per grade level per school may be added, excluding multi-grade combinations, and combinations, none of which may exceed twenty-eight (28).

A. Class sizes in grades 7-12 shall not exceed the number of work
stations, equipment, space, computers, or as law dictates such as,
but not limited to, science labs, industrial arts, drafting, and homemaking classes.

B. Class size in grade 7-12 shall not exceed thirty-five (35) students without the permission of the individual instructor. P.E., Drama, Chorus, Band, and other large group instruction whose limits shall not exceed 45 students without the permission of the individual instructor.

C. Student contacts for all 7-12 teachers with the exception of P.E., Drama, Chorus, Band and other large group instruction shall be one hundred eighty (180) during the assigned teaching schedule, excluding study hall. The 180 student contacts may be increased by 10 for each period of Band, P.E., Drama or Chorus assigned.

D. Study hall assignments shall be evenly distributed among teachers according to the student-teacher ratio of the school.

E. Schedule changes that are contrary to the contract shall be negotiated and finalized by April 1 prior to the ensuing school year unless dictated by State Budget restrictions or State Law.

F. The class size limit for Alternative Education Programs shall be twenty to one (20/1).

7.5 When a class size exceeds limits specified in VII.3 and VII.4, the site/ ACOE administrator(s) shall consider the following alternatives and correct or resolve the class sizes conflict within twenty (20) working days.

A. Re-balance classes at school site to conform with individual contracted class maximums.

7.6 The Employer shall maintain class size and caseload in compliance with the rules and regulations of the Amador County Special Education Local Plan Area and the provisions of the current Education Code, State regulations, i.e., waiver, and other related laws as specified for each authorized class.

7.6.1 Teachers for whom caseload waivers must be submitted will
request a committee meeting as described in 7.7.

7.7 If class size or caseload goes beyond SELPA policy and regulations, the situation will be reviewed by a committee, which will consider all available options to reduce or balance class sizes and maintain program quality, within thirty (30) days.

7.7.1    The committee will consist of the teacher, the Director, and other
            parties who believe they may be affected. The committee's input
            must be provided to the Director/designee within thirty (30) days
            for consideration by the Director/designee in reaching his or her
            final decision. A written copy of this decision will be provided to
            the committee, the Teacher's Advisory Committee, and the SELPA
            Program Committee.

7.8 In the event an Employee is working under a State Waiver to exceed class size limits, the Employee will receive a copy of said Waiver.

7.9 Written reports, individual education plans and cumulative folders shall be requested by Director or designee from sending District within forty-eight (48) hours of arrival of student to the SELPA.

7.10 A special education teacher receiving a new student shall be provided with all available information needed for the instructional planning, behavioral management and consideration of specialized medical needs prior to that student being brought to the classroom.

Information shall be gathered from sending school staff via phone calls, written reports, cumulative records, or personal interviews as appropriate. A conference shall be held with administrator, specialists and receiving teacher prior to placement for students needing specialized medical procedures and students considered severely emotionally disturbed.

7.11 Each new student's name, emergency telephone number, and name and address of parent or guardian will be given to the appropriate Employee when a new class assignment is made.

7.12 No teacher may be required to accept a volunteer worker or observer in his/her classroom. However, parents of students enrolled in the class may make routine visits to the class.

8.1.1 Employee evaluation shall be performed in accordance with the provisions of Education Code Section 44660 et seq., and the ACOE evaluation procedure. The California Standards for the Teaching Profession numbers I through V are included by reference.

8.1.2 Evaluation of employees shall include, but shall not be limited to, consideration of (a) progress of pupils toward the standards established by the Board; (b) instructional techniques and strategies; (c) adherence to curricular objectives; (d) establishment and maintenance of a suitable learning environment; and (e) performance of other duties normally required as part of their regular assignments.

8.1.3 All evaluations of performance shall be done within the context of the program(s) and special assignment(s) for which the employee is responsible. The evaluation shall be based on classroom or work-area visits, formal conferences, personal observation, and other applicable data. Any evaluation of employee performance shall not include the use of publisher's norms established as a result of standardized tests. Anonymous verbal complaints shall not be used in the evaluation of a unit member.

8.1.4 The ACOE Superintendent delegates the responsibility for school site evaluation to the immediate supervisor of the employee. The Director of Special Education is the immediate supervisor for SDC and DIS employees. The School Principal is the immediate supervisor for Resource Specialists. The Director/School Principal or prime evaluator may personally evaluate all school site certificated employees, may delegate some evaluation duties to credentialed administrators, or may request assistance in evaluation from one or more secondary evaluators. The Director/School Principal has the final responsibility for submitting written reports on prescribed forms of each certificated person’s work at the state intervals. For good cause an evaluatee may request that the Assistant Superintendent of Curriculum designate an evaluator other than the prime evaluator.

8.1.5 The Director of Special Education shall review all initial evaluations completed by immediate supervisors. Either the employee or the Director can request a second observation / evaluation by the Director which will be completed no later than 30 days prior to the last day of school.

8.1.6 Temporary employees may be evaluated annually. Probationary employees will be evaluated annually during their probationary years. Permanent employees may be evaluated at least every other year. Teachers who meet the standards of Education Code Section 44664(a) (3) will be evaluated on a five year cycle. The Education Code provides: “At least every five years for personnel with permanent status who have been employed at least 10 years with the ACOE, are highly qualified, if those personnel occupy positions that are required to be filled by a highly qualified professional by the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301, et seq.), as defined in 20 U.S.C. Sec. 7801, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree. The certificated employee or the evaluator may withdraw consent at any time.” Additional evaluations of temporary, probationary, or permanent employees may be conducted if deemed necessary by the evaluator.

8.1.7 All official evaluations shall be in writing on a form or forms approved by the ACOE and the Association as provided in Exhibit C. Each evaluation will include three of the five standards selected by mutual agreement. In the event that the teacher and evaluator are unable to agree on the standards, the teacher will select two standards and the evaluator will select a third. If employee weaknesses are noted, specific recommendations for improvement shall be made in writing on the evaluation form. Recognition of exemplary performance is encouraged.

8.1.8 Two (2) copies of each evaluation shall be signed by the employee and the evaluator. Signing the evaluation form does not indicate concurrence, only that the employee has seen the evaluation and that it has been discussed. One (1) copy shall be given to the employee and one (1) forwarded to the ACOE for retention in the employee’s personnel file. The employee may attach any comments that are felt to be pertinent to the specific evaluation within ten (10) working days.

8.1.9 Serious or recurring complaints concerning an employee shall be submitted to the employee in writing by his/her School Principal.

(The language in this section, “each evaluatee”, includes temporary, probationary and permanent teachers.)

8.2.1 During the first two weeks of school each evaluatee familiarizes him/herself with the current standards and reviews the job description, including other duties normally required as part of the regular certificated assignment.

8.2.2 By the fifth week of school an initial meeting is held between the prime evaluator and each evaluate. This meeting should result in agreement upon the three standards and measures of success for the school year. The prime evaluator and the evaluatee shall sign the result of the initial meeting as an indication that consensus was reached. Each party shall receive a copy of the agreement (Pre-Observation Form). The agreements made in the initial meeting may be changed or modified at any time during the year with the mutual consent of both the prime evaluator and evaluatee.

8.2.3 Prior to the end of the first semester an observation is conducted for all temporary and probationary certificated employees assigned to the prime evaluator. A post observation conference will be held within one week. The evaluator and evaluatee will sign the classroom observation form (Classroom Observation/Post-Observation Conference) indicating the conference was held. The evaluatee will have an opportunity to make a written statement.

8.2.3.1 If deficiencies are noted the Director and evaluatee will develop an
improvement plan. The improvement plan shall include areas of deficiencies, suggested strategies for improvement and a timeline.

8.2.4 At least thirty days prior to the end of the third quarter an observation is conducted for all permanent certificated employees assigned to the prime evaluator. A post observation conference will be held within one week. The evaluator and evaluatee will sign the classroom observation form (Classroom Observation/Post-Observation Conference) indicating the conference was held. The evaluatee will have an opportunity to make a written statement.

8.2.5 By the end of the third quarter a second observation is conducted for all temporary and probationary certificated employees assigned to the prime evaluator. A post observation conference will be held within one week. The evaluator and evaluatee will sign the classroom observation form (Classroom Observation/Post-Observation Conference) indicating the conference was held. The evaluatee will have an opportunity to make a written statement.

8.2.6 At least thirty days prior to the last day of student attendance, the final evaluation report (Certificated Employee Performance Evaluation) of each certificated employee will be filed in the personnel office. The prime evaluator will write the final evaluation report based on observations and conferences. An evaluation conference will be held. Both parties will sign the final evaluation, indicating the meeting was held. The evaluatee will have an opportunity to make a written statement. A copy will be provided to the employee and the original will be placed in the ACOE personnel file.

8.2.6.1 If Employee performance is unsatisfactory, the evaluator shall make specific recommendations as to areas of improvement in the Employee's performance and attempt to assist the Employee in such performance.

8.2.6.2 Should the Employee receive an Interim and/or Final Evaluation which generally indicates deficiencies exist in his/her job performance, follow-up counseling between the supervisor and the Employee will take place. The supervisor will offer suggestions for improvement in the Employee's performance. Such suggestions may require a workshop or a college class at District expense. If the Employee received an Interim Evaluation which indicated obvious deficiencies and continued lack of job performance, the Final Evaluation may indicate the need for reassignment or dismissal. When any permanent Employee has received an unsatisfactory evaluation, the Employee shall be annually evaluated until a positive evaluation is achieved. Documentation of satisfactory performance shall be placed in the personnel file.

8.2.7 Any evaluation with any section marked less than satisfactory must involve the Director of Special Education.

8.2.8 Employee evaluations are confidential and shall not be discussed with personnel who are not involved in the evaluation process of a particular Employee.

9.1 Personnel files shall be maintained in accordance with provisions of Education Code 44031.

9.2 Materials in personnel files, which may serve as a basis for affecting an employee's employment status, shall be available for inspection by the employee or by a representative designated in writing by the employee.

9.3 Any employee shall be allowed to inspect all materials in the employee's personnel file pursuant to the provisions of Education Code Section 44031. A record of materials temporarily removed from the file shall be contained within the file.

9.4 Information shall not be entered or filed in the employee's personnel file unless the employee is given notice of the entry and an opportunity to review and comment thereon. An employee shall have the right to enter and have attached to any derogatory statement, the employee's own comments thereon within ten (10) calendar days of notification. Notification is to be given in person or by certified mail.

9.5 The ACOE shall maintain the employee personnel files at the ACOE central office. An employee may review any informal files related to his/her employment kept by an employee’s supervisor.

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