Article 21.G, Collective Bargaining Agreement between New York City School Board and United Federation of Teachers

Hide Document

Article 21.G of the Collective Barqaininq Aqreement
united Federation of Teachers-New York City Board of Education
1995-2000


The Board and Union recognize that instructional services should be
delivered by a highly qualified and motivated staff, accorded the
respect and professional treatment to which they are entitled.

Towards that end the Board and the Union have agreed to provide
resources and to provide peer assistance on a voluntary confidential
basis to staff who have completed probation and who believe that their
teaching competence will benefit from that assistance in the manner
provided below:

1. The Peer Intervention Panel shall be composed of nine members,
six of whom shall be selected by the Union and three of whom shall be
administrators selected by the Board.
2. This panel will set qualifications and procedures for the
selection of intervenors, an alternative careers liaison and a
coordinator of the program. The panel shall advertise, as needed, the
intervenor, coordinator and alternative career liaison positions on a
citywide basis, posting the qualifications and procedures previously
developed. The program's professional staff shall be selected in
accordance with the posted procedure.
3. The Panel will also design and continually monitor a professional
development program that enables the selected staff to meet the goals
set forth above.
4. The intervenors shall serve for four year renewable terms.
5. Any teacher who has a reasonable basis for needing such
assistance and/or receives a U-rating or formal warning may request
assistance from the peer intervention program, in writing on a form
promulgated by the Panel. The Panel will review requests and promptly
notify the teacher of its determination as to whether assistance will
be provided in that case. Such communications will be kept completely
confidential.
6. The intervenor will develop a plan to assist the participating
teacher tailored to the specific needs of that teacher and will work
with the teacher directly for not more than one year.
7. For three months following the start of the intervention period,
supervisors will not evaluate or observe the participating teacher.
However, supervisors will otherwise continue to exercise their
responsibilities.
8. The Board, the Union, and the participating teacher agree that
for any disciplinary action other than an appeal of a previous Urating,
all time limitations within which to bring such actions will be
tolled for the three month period in which the supervisor does not
evaluate or observe the participating teacher. For such U-rating
appeals, the parties agree that the time limitations are tolled for the
entire period of intervention.

-2


9. All communications between the intervenor and the participating
teacher shall be completely confidential. As a condition of
involvement in the program, all participants in the program, including
the intervenor and the participating teacher, must consent to the
confidentiality provisions set forth in this paragraph. The Board and
Union agree that the intervenor, or any other person involved in the
peer intervention program shall not be subpoenaed by the Board or the
Union or called to testify, produce documents or participate in any
other way concerning the intervention in any proceeding involving the
participating teacher, including potential subsequent proceedings under
section 3020-a of the education law. No arbitrator, in any proceeding
under the parties' control, shall accept evidence regarding such
communications. If PIP is used as a remedy in a 3020-A proceeding or
if the parties agree to use it as a settlement to such a proceeding,
this paragraph continues to apply except that if the intervention was
not successful, a statement from the program saying "PIP was attempted
and not successful" may be submitted into evidence in any subsequent
3020-A proceeding with respect to charges concerning teacher
competence.
10. Except as otherwise herein provided, the Union, the Board or
any participating teacher may exercise any constitutional, statutory,
regulatory or contractual right otherwise provided by law, regulation
or contract.
11. The Board agrees to make available on a best efforts basis
alternative career opportunities in the Board and/or the city for
teachers who decide to leave the teaching profession in the course of
or following intervention through access to other employment
alternatives within the system and/or the city; or retraining/redeployment
through the Board of Education or New York city.
12. Administrative procedures for effectuation of these provisions
will be formulated by the Panel in consultation with the Board and the
Union and thereafter distributed by the Panel.
13. These procedures relate solely to issues of competency and no
other grounds of discipline.
14. The acts of the Panel, intervenor, coordinator, Union and Board
shall be final.


Hide Document