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Memorandum of Understanding - Human Resources


Hiring Procedures and Practices


AVCS is in partnership with the CUSD Personnel Department. AVCS receives the following services from CUSD. In consideration of the mutual covenants and promises set forth in this agreement, CUSD and AVCS agree as follows:


SECTION ONE


At-Will Employment

  • 1. Separation of Employment: By executing an agreement to enter into an employment relationship with AVCS, each employee acknowledges that the relationship exists solely with AVCS and does not imply any employment relationship with CUSD or union membership.
  • 2. At-Will Employment: AVCS may terminate the employment of any employee at any time with cause with the express approval of the CUSD Assistant Superintendent, Business and Personnel.
    • a. The employer or employee may immediately terminate an employment agreement upon written notice to the other party.
    • b. Neither party may enter into another agreement with the intention to alter this "at-will" relationship.
    • c. Without impacting the "at-will" nature of the employment relationship, AVCS will conduct regular employee evaluation with the intention of providing feedback and guidance that may improve and support employee job performance.
    • d. Without impacting the "at-will" nature of the employment relationship, AVCS may elect to address job performance deficiencies and/or on-the-job infractions related to published job descriptions or AVCS job performance expectations with the "Facts Rules Impact Suggestions Knowledge" (FRISK) process. No intervention designed to improve employee performance shall be construed as changing the "at-will" nature of the employment relationship.

SECTION TWO


General Employee Work Requirements

  • 1. Child Abuse Reporting Requirements: California Penal Code Section 11166 requires that any child care custodian who has knowledge of or observes a child in his or her professional capacity or within the scope of his or her employment which he or she knows or reasonably suspects has been the victim of child abuse to report the known or suspected instance of child abuse to a child protective agency immediately, or as soon as practically possible, by telephone and to prepare and send a written report thereof within thirty-six (36) hours of receiving the information concerning the incident.
    • a. By executing an agreement to enter into an employment relationship with AVCS, each employee acknowledges that he or she is a childcare custodian and is certifying that he or she has knowledge of California Penal Code Section 1116 and will comply with the responsibilities therein implied.
  • 2. Direct Service to AVCS Students Only: Employees will render direct service in person to students enrolled in AVCS during contracted work hours.
    • a. Electronic means of indirectly providing service to any student will not qualify as time worked for an employee at AVCS or time spent in instruction for any student enrolled at AVCS and may result in immediate termination of employment with AVCS.
    • b. Employees will not render service in person or by electronic means, paid or otherwise, for any other person or entity during contracted work hours with AVCS. Any such activity may result in immediate termination of employment with AVCS.
  • 3. Technology Use Requirement: All employees will enter into an agreement similar to the agreement that CUSD maintains with all employees with respect to use of technology at the work site or during contracted work hours. Any such activity may result in immediate termination of employment with AVCS.
  • 4. Use of School Property Requirement: All employees will enter into an agreement with respect to use of school property, including curriculum materials. Any such activity may result in immediate termination of employment with AVCS.
  • 5. Adherence to AVCS and Job Duty Practices and Procedures Requirement: All employees will enter into an agreement with respect to job duties and expectations related to employment at AVCS. Any activity that violates these specifically and generally agreed upon duties or expectations may result in immediate termination of employment with AVCS.

SECTION THREE


Procedures for Hiring Salaried Employees

  • 1. Employment Application Services: CUSD will provide, to AVCS, employment application services including posting of positions, applicant information, and distribution of this information to potential employees, confirmation of negative TB testing, finger printing, and drug testing clearance. CUSD will provide equitable services and representation in the same manner as these services are provided to all CUSD school programs or sites, especially when posting positions similar to those posted for CUSD employment opportunities.
  • 2. Autonomy and Oversight of Hiring Practices: When hiring staff for full time and/or salaried positions, AVCS will follow CUSD procedures but reserves the right to exercise autonomy and oversight of school leadership. AVCS may elect to:
    • a. Write job descriptions specific to AVCS needs
    • b. Develop interview questions specific to AVCS needs
    • c. Post positions electronically, in local newspapers, or in professional journals in addition to CUSD postings in order to communicate with individuals who may be specifically qualified to meet AVCS needs
    • d. Review applications and select candidates for interview based on the flexibility of credentialing criteria under California Charter, Rural, and Small School Requirements [NCLB §1119, §9101(23); Reg. §§200.55, 200.56.]. The Director of AVCS recognizes the need for highly qualified teachers under No Child Left Behind and will meet the requirements under the flexible provisions specified by the U.S. Department of Education published in March, 2004 (HOUSSE).
  • 3. Interview Scheduling and Notification: CUSD will provide interview scheduling and notification and timely communication in order to secure qualified candidates to fill open positions.
  • 4. Interview Processes and Procedures: AVCS will follow CUSD interview processes and procedures and will submit documentation to the CUSD Personnel Department.
    • a. AVCS staff will conduct the interview process at the AVCS school site.
  • 5. Reference/Background Checks: CUSD will conduct Reference/Background Checks in a timely and equitable manner.
    • a. AVCS may elect to verify references and/or to write reference verification questions and will inform CUSD Personnel Department when opting for this choice.

SECTION FOUR


Procedures for Hiring Part-time Employees

  • 1. AVCS hires many part-time teachers at a monthly rate of pay and tutors at an hourly rate of pay. Procedures that support the maintenance of a pool of qualified part-time employees are less formal and include the following communication practices:
    • a. When teachers call or "drop in" seeking employment, administration at AVCS routinely conveys appreciation for teacher interest in employment and expresses a willingness to accept an application from any interested party. Potential applicants are always informed that teaching assignments, if any, are based on student learning needs (Math, Science, Foreign Language, etc.) and fluctuating enrollment. All potential applicants are referred to the Personnel Department at the CUSD for further information or to initiate the application process.
    • b. Applicants often inquire about the details of a position or the unique work environment at AVCS. The Director of AVCS or designee will provide applicants with a published job description or a verbal summary of said job description. Applicants are invited to visit the school or to meet informally with the Director.
    • c. The Director will meet with interested applicants to describe the charter school's personalized learning programs and the requirements of the position (job description attached). The Director will then refer applicants to the Personnel Office at CUSD to initiate the procedure for employment. These positions are represented as part-time, non-union, "at-will" employment opportunities.
    • d. In the event of an increase in enrollment, the Director of AVCS will identify known applicants whose qualifications match the learning needs of students enrolled in AVCS. CUSD will identify applicants who have completed TB Testing, finger printing, and drug testing clearance.
    • e. Applicants who complete the CUSD hiring process and match the needs of AVCS student population will be contacted the Director of the Charter School to arrange for a meeting with the Director and designated AVCS staff (Counselors, Coordinators, and/or staff who provide new teacher orientation and training).
    • f. Based on this meeting, teachers may be offered a temporary "at-will" part-time or hourly teaching assignment.
      • i. A typical arrangement will consist of five students at a set monthly rate per student.
      • ii. Part-time instructors are required to sign an AVCS Teacher Requirement Agreement and standard CUSD Personnel Department documents.

SECTION FIVE


New Employees

  • 1. All newly hired employees, including teachers, are paid to participate in training to orient each employee to AVCS mandated policies, processes, and procedures by the Office Manager or the Teacher Induction Coordinator.
    • a. The Office Manager will orient all newly hired classified staff to routine and standard procedures.
    • b. Teacher Induction Trainer assists all new hires in making initial contacts with parents and students.
    • c. The Teacher Induction Trainer attends the first two student/parent meetings with new teachers to ensure that the teacher understands and is able to participate according to expectations.
    • d. The Director and Teacher Induction Trainer, as part of the induction process, routinely observe new teachers during the first semester to evaluate performance and to provide support to the teachers.
    • e. At the end of the first semester of employment, newly hired teachers will continue employment based on student enrollment, student learning needs, and continued teacher professional performance.

SECTION SIX


Termination Practices, Policies and Procedures


All teachers sign the AVCS Teacher Agreement, Mandated Child Abuse Reporting Requirements, and the "At-Will" Non-Union Employment Notification. Employment is based on AVCS enrollment, student learning needs, and an appropriate match between teacher credentialing and student learning needs.

  • 1. In situations where teacher job performance is unsatisfactory or there is a lack of teacher compliance with established expectations, both full-time and part-time will be notified of the unsatisfactory performance or non-compliance using the FRISK process. After employees have been notified of and given the opportunity to correct their performance, their employment may be terminated with the approval of the CUSD Assistant Superintendent, Business and Personnel. These procedures are in compliance with California Charter rules and responsibilities.
    • a. With or without a Work Plan and FRISK process in place, full-time teachers who do not comply with AVCS requirements and expectations may be given at least one verbal warning followed by two written warnings and thirty (30) days notice and then terminated as employees of AVCS.
    • b. With or without a Work Plan and FRISK process in place, part-time teachers who do not comply with AVCS requirements and expectations or who are not needed to meet staffing requirements will not be assigned additional students during the introductory period and will be provided thirty (30) day's notice prior to the end of the current semester that their employment with AVCS is terminated.