Capistrano Unified School District, California

National enrollment rank: 79

Labor context

  • California requires collective bargaining by school districts if a majority of teachers vote for union representation.
  • Teachers are NEA union members.
  • 1,950 teachers

Student demographics

  • 54,036 students
  • 21% free/reduced lunch

School district teacher count, enrollment, and demographic data is from the 2014-2015 school year sourced from the National Center for Education Statistics. Due to data issues, teacher count for districts in six states (HI, MT, NE, OH, UT, and WI) is from 2013-2014.



Fast facts

Days in student school year: 180 for elementary and secondary; 181 for middle
Additional teacher work days: elementary: 10; middle: 5; high school: 8.5
Annual adjustment (reported as a percentage of change from the previous year): 3.9%
Starting salary: $51,872
Maximum salary (salary, degree, years of experience): $106,728; PhD; 22
Student achievement data required for evaluation: n/a
Layoff criteria:
Evaluations per year:
Tenured once every two year with self-assessment in off-years; once every five years for teachers with 10+ yrs. experience who met or exceeded standards on previous evaluation
Non-tenured Once a year
Sick and personal days per year: 10 (10 sick, 10 of which may be used for personal reasons)
Years to tenure: 2 years
 
Compensation - Fringe Benefits questions
Health and Wellness
What is the maximum portion of the employee's health insurance premium paid by the employer? not specified, only the district's contribution ($5,220.00 or $6,323.40) was specified; however, teachers are responsible for any employee premium costs that exceed the tier of coverage elected
pp. 45 & 46, Art. 13.1.
Past Policy
not specified, only the district's contribution ($4,901.90 or $6,005.30) was specified; however, teachers are responsible for any employee premium costs that exceed the tier of coverage elected
pp. 47-49, Art. 13.1.A & F.
What is the maximum portion of the employee's dependents' health insurance premium paid by the employer? not specified, only the district's contribution ($10,716 - $18,522.70) for each plan type was specified; however, teachers are responsible for any employee premium costs that exceed the tier of coverage elected
pp. 45 & 46, Art. 13.1.
Past Policy
not specified, only the district's contribution ($10,132.40 - $17,730.90) for each plan type was specified; however, teachers are responsible for any employee premium costs that exceed the tier of coverage elected
pp. 47-49, Art. 13.1.A & F.
Does the employer specify a dollar cap for the portion of the premium they cover? If so, what is the cap? yes, $5,220 for employee only HMO plan and $6,323.40 for employee only POS/PPO plan
Additional dollar caps: HMO - Employee + One = $10,716; HMO - Employee + Two or more = $15,204; POS/PPO - Employee + One = $13,038; POS/PPO - Employee + Two or more = $18,522.70
p9. 47 & 48, Art. 13.1.A.
Past Policy
yes, $4,901.90 for employee only HMO plan and $6,005.30 for employee only POS/PPO plan
Additional dollar caps: HMO - Employee + One = $10,132.40; HMO - Employee + Two or more = $14,412.20; POS/PPO - Employee + One = $12,454.40; POS/PPO - Employee + Two or more = $17,730.90
p9. 47 & 48, Art. 13.1.A.
Pensions/Retirement
Are there incentives for a teacher to take early retirement? Issue not addressed in scope of NCTQ reviewed documents
By what date must a teacher give notification that he/she intends to resign or retire? issue not addressed in scope of NCTQ reviewed documents
Board Policy 4117.2: http://capousd.ca.schoolloop.com/policies
Does the district offer an incentive to the teacher who notifies the district before the deadline that he/she intends to resign/retire at the end of the school year? Issue not addressed in scope of NCTQ reviewed documents
Is there a penalty for a teacher who fails to notify the district that he/she intends to resign/retire by the district's deadline? Issue not addressed in scope of NCTQ reviewed documents
While no deadline is noted, teachers who fail to receive acceptance of their resignation during the school year or who leave before their resignation date will be reported to the Commission on Teacher Credentialing. The Commission may suspend teaching credentials of teachers who leave under the above circumstances.
Board Policy 4117.2: http://capousd.ca.schoolloop.com/policies
Can a teacher receive payment for unused sick leave at retirement? How much? Issue not addressed in scope of NCTQ reviewed documents
Can a teacher receive payment for unused personal leave at retirement? How much? No; personal days are taken from sick leave.
p. 30, Art. 10.3.1.
Tuition Reimbursement
Is tuition reimbursement offered to teachers? Issue not addressed in scope of NCTQ reviewed documents
Can a teacher receive financial support to cover National Board certification fees? issue not addressed in scope of NCTQ reviewed documents

Calendar questions
School Year
STUDENTS: How many days are students in school? 180 for elementary and secondary; 181 for middle
STUDENTS: How many hours, minimum, are students scheduled to be in school each year? k: 600 hours (instructional); grades 1-3: 840 hours (instructional); grades 4-8: 900 hours (instructional); grades 9-12: 1,080 hours (instructional)
Board Policy 6111(a): http://capousd.ca.schoolloop.com/policies
TEACHERS: How many days are teachers in school? 185
TEACHERS: How many days is the teacher required to be on-site without students? (including half or partial days) elementary: 10; middle: 5; high school: 8.5
School Day
How long is the school day for elementary students? determined at each school site and approved by the Board
Board Policy 6111(a): http://capousd.ca.schoolloop.com/policies
How long is the school day for secondary students? determined at each school site and approved by the Board
Board Policy 6111(a): http://capousd.ca.schoolloop.com/policies
How long is the scheduled workday for teachers? (total time scheduled on-site, including lunch) 7 hours
Professional responsibilities require at least eight hours of daily duty, but the time at the school facility may be less than eight hours as indicated in Article 5 of the contract.
pp. 4 & 5, Art. 5.1 & 5.2.1 - 5.2.3.
How much time is the teacher required to be on-site beyond the length of the student day? (This does not include time for meetings) elementary: issue not addressed in scope of NCTQ reviewed documents; middle: 30 minutes (15 before the student day, 15 minutes after); high school: 15 minutes (before the student day)
pp. 4 & 5, Art. 5.2.1 - 5.2.3.
Preparation Time
How much planning time does an elementary teacher receive? issue not addressed in the scope of NCTQ reviewed documents
p. 5, Art. 5.3.6.
How much planning time does a secondary teacher receive? issue not addressed in the scope of NCTQ reviewed documents
p. 5, Art. 5.3.7.
How much teacher planning time is designated for collaborative planning? no more than 4 hours will be dedicated to meetings for the purpose of collaboration, professional development, and/or at and across grade-level articulation
pp. 6 & 7, Art. 5.8.

Class Size questions
Class Size Restrictions
What are the class size restrictions? PreK & K: 33 (in 2013-14 and 2014-15; 32, thereafter); 1-3: 32; 4-5: 33; 6-8: 35; 9-12: 36 (core academic classes)
p. 17, Art. 8.5.
What happens when the class size limit is exceeded? Teacher receives additional compensation
for teachers of grades 4-12 in core academic subjects. Issue is not addressed for grades k-3.
pp. 17 & 18, Art. 8.5.1 & 8.5.2.

Compensation - Salary questions
Structure of the Salary Schedule
What type of salary schedule is in use? Traditional salary schedule (step and lane)
What is the average percent increase in pay earned for each additional year of experience? 3.5%
Past Policy
3.4%
Past Policy
3.4%
Teachers in most districts earn a raise for each additional year of experience and an annual adjustment for cost of living and other factors. What is that average annual adjustment? (reported as a percentage of change from the previous year) 3.9%
Past Policy
0.0%
Past Policy
n/a; 2014-15 was the first year that Capistrano was added to the database
What is the average total change in salary accounting for both earning an additional year of experience and an annual adjustment for cost of living and other factors? (reported as the percentage of change from the previous year) 7.5%
Past Policy
3.4%
Past Policy
n/a; 2014-15 was the first year that Capistrano was added to the database
What is the average difference between the master's and bachelor's salary? $1,900
How many lanes (or columns) based on advanced degrees or credit attainment are on the teacher's salary schedule? 6: BA + 0-44 units; BA + 45-59 units; BA + 60-74 units; BA + 75 units w/ MA; MA (stipend pay); PhD (stipend pay)
In what year of service will a teacher with a bachelor's and/or master's degree reach the maximum salary (assuming no step freezes)? 10
Answer above reflects years to maximum salary with a BA (0-44 units) and years to maximum salary with a BA and 0-44 units with the MA stipend. A teacher with 45 or more units beyond a BA will take longer to reach the maximum pay.
Annual Salary
What is the annual salary for a fully certified, first year teacher with a bachelor's degree? $51,872
Past Policy
$49,877
Past Policy
$49,877
What is the annual salary for a teacher with a bachelor's degree and 5 years of experience? $61,608
Past Policy
$59,239
Past Policy
$59,239
What is the annual salary for a teacher with a bachelor's degree on the highest step of the salary schedule? $73,171
Past Policy
$70,357
Past Policy
$70,357
What is the annual salary for a fully certified, first year teacher with a master's degree? $53,772
Salary here is based on BA + 0-44 units lane plus $1,900 MA stipend.
Past Policy
$51,777
Past Policy
$51,777
Salary here is based on BA + 0-44 units lane plus $1,900 MA stipend pay.
What is the annual salary for a teacher with a master's degree and 5 years of experience? $63,508
Salary here is based on BA + 0-44 units lane plus $1,900 MA stipend.
Past Policy
$61,139
Past Policy
$61,139
Salary here is based on BA + 0-44 units lane plus $1,900 MA stipend pay.
What is the annual salary for a teacher with a master's degree on the highest step of the salary schedule? $75,071
Salary here is based on BA + 0-44 units lane plus $1,900 MA stipend.
Past Policy
$72,257
Past Policy
$72,257
Salary here is based on BA + 0-44 units lane plus $1,900 MA stipend pay.
What is the maximum annual salary available to teachers? What are the education requirements for this salary? In what year of service will a teacher receive this salary? $106,728; PhD; 22
Salary is based on maximum pay in the BA+75 units with MA lane ($104,828, which includes MA stipend pay) plus the $1900 PhD stipend.
Past Policy
$102,774; PhD; 22
Salary is based on maximum pay in the BA+75 units with MA ($100,874, which includes MA stipend pay) plus the $1900 PhD stipend.
Past Policy
$102,774; PhD; 22
BA + 75 units w/ MA + $1900 stipend pay + $1900 PhD stipend pay
Performance Pay
Is annual salary increase tied to evaluation rating? Issue not addressed in scope of NCTQ reviewed documents
p. 51, Art. 14.2.1 & 2.
If an annual salary increase is tied to evaluation rating, how do annual salary increases work? Issue not addressed in scope of NCTQ reviewed documents
p. 51, Art. 14.2.1 & 2.
Aside from annual salary increases, are other aspects of a teacher’s pay based on evaluation rating? Issue not addressed in scope of NCTQ reviewed documents
Do teachers earn performance pay for factors other than evaluation ratings? Issue not addressed in scope of NCTQ reviewed documents
Other Differentiated Pay
Can a teacher earn additional pay by working in a school classified as "high-needs"? Issue not addressed in scope of NCTQ reviewed documents
Can a teacher earn additional pay by teaching subjects deemed 'hard to staff'? Issue not addressed in scope of NCTQ reviewed documents
Can a teacher who has National Board certification earn additional pay? Speech pathologists earn an additional stipend of $2,334. Stipends for general teachers: issue not addressed in scope of NCTQ reviewed documents
p. 82, SPEECH PATHOLOGIST SALARY SCHEDULE.
What compensation is offered to a teacher who serves as a department head at the secondary level? $4,987.70 stipend (based on 10% of salary at cell A1 ($49,877))
p. 59, Art. 14.10.1.
Past Policy
$4,488.90 stipend (based on 10% of salary at cell A1 ($44,889))
p. 61, Art. 14.10.1.
General Salary Information
Are uncertified teachers paid less than fully certified teachers? Yes
p. 50, Art. 14.0; p. 80, App. A; p. 84, App. E.
Can a teacher get credit on the salary schedule for subject-related work experience? How many years of experience are awarded for subject-related experience? Issue not addressed in scope of NCTQ reviewed documents
Are teachers eligible for a longevity bonus? If so, in what year(s) of service is a teacher eligible? Issue not addressed in scope of NCTQ reviewed documents
p. 56. Art. 14.5.

Dismissal questions
Dismissals
Following an unsatisfactory final evaluation, how much time must a tenured teacher (or annual contract where tenure nonexistent) be in formal remediation before s/he may be dismissed or non-renewed at the end of the school year? Remediation timeframe case by case (dismissal allowed)
p. 14, Art. 7.5.7.1 & p. 15, Art. 7.5.11.
What is the process for dismissal of an ineffective teacher? teacher may request hearing; Board determines if hearing is before the Board or before a Hearing Officer. If hearing is before Hearing Officer, Board votes to accept, reject or amend his/her decision.
pp. 4 & 5, Board Policy 4218(a): http://capousd.ca.schoolloop.com/policies
Does a nontenured teacher have any recourse if his/her contract is not renewed? no
Board Policy 4218(a): http://capousd.ca.schoolloop.com/policies
By what date must a nontenured teacher be notified of non-renewal of his/her contract? issue not addressed in scope of NCTQ reviewed documents
When must a tenured teacher be notified of his/her dismissal? issue not addressed in scope of NCTQ reviewed documents

Evaluation questions
Evaluation System
What is the teacher required to be evaluated on? Professional practice (California Standards for the Teaching Profession: Engaging and Supporting all learners, Creating and maintaining an effective environment for all, Understanding and organizing subject matter knowledge, Planning instruction and designing learning experiences for all, Assessing student learning, Developing as a professional educator)
p. 12, Art. 7.4.1.
Do impartial third parties from outside the school serve as evaluators? Optional
p. 11, Art. 7.2.1.
Is peer review a component of teacher evaluation; what is the nature of the review? No
p. 11, Art. 7.2.1.
Does the evaluation include student input? Issue not addressed in scope of NCTQ reviewed documents
What kind of feedback does a teacher receive following a formal observation(s)? Conference with evaluator
p. 14, Art. 7.5.2 & 7.5.3.
What kind of feedback must the teacher receive following an evaluation? Written report
p. 15, Art. 7.6.1.
How many categories of ratings are there? issue not addressed in scope of NCTQ reviewed documents
The final evaluation form indicates only that teachers are advised if their overall performance was "unsatisfactory."
Are evaluators required to give notice of an observation? Other
yes for non-tenured; optional for tenured (teacher and administrator determine if observation will be announced or unannounced)
pp. 13 & 14, Art. 7.5.2 & 7.5.3.
Role of Student Achievement in Teacher Evaluation
How is student growth/achievement calculated for teachers of tested subjects? n/a
How is student achievement/growth calculated for teachers of non-tested subjects? n/a
Evaluation Requirements for non-tenured Teachers
How frequently do non-tenured teachers receive an evaluation rating? Once a year
p. 12, Art. 7.3.1.
What is the minimum number of times a non-tenured teacher must be observed during the evaluation? 2 formal
p. 13, Art. 7.5.2.
What is the deadline for the first formal observation of the non-tenured teacher? unclear- first observation must be in the fall
p. 13, Art. 7.5.2.
What is the deadline for the final evaluation of the non-tenured teacher? 30 days before last day of instruction
p. 15, Art. 7.6.1.
What is the required minimum length of the formal observation for a non-tenured teacher? long enough to assess the instructional objective
p. 13, Art. 7.4.4.
Evaluation Requirements for Tenured Teachers
How frequently do tenured teachers receive an evaluation rating? Other
once every two year with self-assessment in off-years; once every five years for teachers with 10+ yrs. experience who met or exceeded standards on previous evaluation
p. 14, Art. 7.3.2 & 7.3.3; p. 15, Art. 7.4.2.
What is the minimum number of times a tenured teacher must be observed during the evaluation? 1 formal
The contract requires 2 observations of the non-tenured teacher. Since nothing is said about multiple observations for the tenured teacher, NCTQ had concluded that only one observation is required.
p. 14, Art. 7.5.3.
What is the deadline for the first formal observation of the tenured teacher? issue not addressed in scope of NCTQ reviewed documents
What is the deadline for the final evaluation of the tenured teacher? 30 days before last day of instruction
p. 15, Art. 7.6.1.
What is the minimum length of a tenured teacher's formal observation? long enough to assess the instructional objective
p. 13, Art. 7.4.4.
Consequences of a Negative Evaluation
Following an unsatisfactory final evaluation, how much time must a tenured teacher (or annual contract where tenure nonexistent) be in formal remediation before s/he may be dismissed or non-renewed at the end of the school year? Remediation timeframe case by case (dismissal allowed)
p. 14, Art. 7.5.7.1 & p. 15, Art. 7.5.11.
Does the district assign a mentor or support team to the teacher in remediation? yes, a Consulting Teacher through Peer Assistance and Review
p. 15, Art. 7.5.12 & p. 66, Art. 17.1.2 & 17.1.4.
How many classroom observations (minimum) are required during remediation? Other
1 formal observation, plus up to 2 more if requested by teacher plus multiple observations by the Consulting Teacher
p. 14, Art. 7.5.3; p. 15, Art. 7.5.8; p. 69, Art. 17.3.1.6.
How long is the remediation process? case-by-case (timeline required, remediation may extend into following school year)
p. 14, Art. 7.5.7.1.
Can the teacher file a grievance or formally appeal an evaluation rating if there are no acknowledged procedural violations? Issue not addressed in scope of NCTQ reviewed documents
Can a teacher request a second evaluation from a different evaluator? Issue not addressed in scope of NCTQ reviewed documents

Layoffs questions
Layoffs
Must nontenured teachers be laid off before tenured? Yes
in accordance with CA Education Code 44955
Board Policy 4117.3: http://capousd.ca.schoolloop.com/policies
Aside from program and staffing needs, what are the criteria for laying off teachers? District acknowledges state law.
CA Education Code 44955
Board Policy 4117.3: http://capousd.ca.schoolloop.com/policies
In the case of a layoff, is seniority determined at the school level or district level? District acknowledges state law.
CA Education Code 44955
Board Policy 4117.3: http://capousd.ca.schoolloop.com/policies
What is the notification deadline for teacher layoffs? district acknowledges state law, CA Education Code 44955
Board Policy 4117.3: http://capousd.ca.schoolloop.com/policies
When the district needs to hire new teachers, are laid off teachers either given recall rights or preference? District acknowledges state law.
CA Education Code 44955
Board Policy 4117.3: http://capousd.ca.schoolloop.com/policies
How long does a laid off teacher retain recall rights? district acknowledges state law, CA Education Code 44955
Board Policy 4117.3: http://capousd.ca.schoolloop.com/policies

Leave questions
Sick & Personal Leave
What is the total possible number of paid general leave days (sick, personal, and other days used for personal reasons) a teacher can get each year? 10 (10 sick, 10 of which may be used for personal reasons)
Five personal necessity days may be used as deemed necessary by the employee for any personal reason; the remaining days may be used for the following reasons: death of a member of the immediate family or close relative; serious illness of a member of his/her immediate family; accident involving the unit member, his/her property, or the property of a member of his/her immediate family; appearance in court as litigant or witness under official court subpoena; paternity absence at the time of birth of a child; required legal and procedural steps for the adoption of a child; a valid religious holiday; significant family events.
p. 27, Art. 10.2.1 & p. 30, Art. 10.3.1.
What is the total number of paid sick and personal days a teacher gets each year? 10 (10 sick, 10 of which may be used for personal reasons)
Five personal necessity days may be used as deemed necessary by the employee for any personal reason; the remaining days may be used for the following reasons: death of a member of the immediate family or close relative; serious illness of a member of his/her immediate family; accident involving the unit member, his/her property, or the property of a member of his/her immediate family; appearance in court as litigant or witness under official court subpoena; paternity absence at the time of birth of a child; required legal and procedural steps for the adoption of a child; a valid religious holiday; significant family events.
p. 27, Art. 10.2.1 & p. 30, Art. 10.3.1.
Can unused sick days carry over from one year to the next? Yes
p. 28, Art. 10.2.3.
Can unused personal days carry over from one year to the next? No because personal days are taken from sick leave.
p. 30, Art. 10.3.1.
What is the maximum number of sick days a teacher can accumulate? no maximum
p. 28, Art. 10.2.3.
After how many days of absence does a teacher have to provide medical documentation for sick leave? 5
p. 28, Art. 10.2.5.
Professional Development Leave
Is there additional paid leave for any professional development not already scheduled and required by the district? How much? Yes
professional leave to conduct district business, to attend professional meetings/conferences, to participate in workshops/in-service training programs or school visitations (2 days); 1 year partially paid sabbatical leave
For sabbatical leave, employees shall receive compensation at the difference between the unit member's salary and the substitute's salary, or one-half of the current rate of pay, whichever is greater. Any unit member who will have completed at the end of the school year seven years of service in the schools comprising the District shall be eligible for sabbatical leave once in eight years. It is expected that the unit member shall render at least two years of service in the employ of the District following the sabbatical leave of absence. A maximum of 1% of the unit members may be on sabbatical leave at any one time.
p. 39, Art. 10.12 & pp. 34-38, Art. 10.8.
Other Leave
Apart from general leave (sick, personal, and other leave for personal reasons) and professional development, what other types of paid leave does the district offer? quarantine, occupational accident or illness (90 days), bereavement of immediate family (3-5 days), jury duty /witness, military (30 days)
Each unit member is entitled to three days of bereavement leave for immediate family members, or five days if out of state travel is required.
p. 28, Art. 10.2.7; p. 32, Art. 10.5.1; p. 33, Art. 10.6.1; p. 34, Art. 10.7.1, p. 38, Art. 10.10.2.
Is leave available for a teacher to attend union associated activities (not counting leave given to elected union representatives)? yes, 50 days to be shared district-wide (5 days per unit member) per school year
p. 44, Art. 11.5.0.
Attendance Incentives
When are leave days restricted or subject to refusal? when personal leave is to be used for reasons other than what is listed in Article 10 of the agreement
p. 30, Art. 10.3.2.
Can a teacher earn additional pay or leave days for demonstrating good job attendance? How much? Issue not addressed in scope of NCTQ reviewed documents
Can a teacher receive payment for unused sick leave at the end of each school year? How much? Issue not addressed in scope of NCTQ reviewed documents
Can a teacher receive payment for unused personal leave at the end of each school year? How much? No; personal days are taken from sick leave.
p. 30, Art. 10.3.1.
Can a teacher receive payment for unused sick leave at retirement? How much? Issue not addressed in scope of NCTQ reviewed documents
Can a teacher receive payment for unused personal leave at retirement? How much? No; personal days are taken from sick leave.
p. 30, Art. 10.3.1.

Professional Development questions
General
Is there additional paid leave for any professional development not already scheduled and required by the district? How much? Yes
professional leave to conduct district business, to attend professional meetings/conferences, to participate in workshops/in-service training programs or school visitations (2 days); 1 year partially paid sabbatical leave
For sabbatical leave, employees shall receive compensation at the difference between the unit member's salary and the substitute's salary, or one-half of the current rate of pay, whichever is greater. Any unit member who will have completed at the end of the school year seven years of service in the schools comprising the District shall be eligible for sabbatical leave once in eight years. It is expected that the unit member shall render at least two years of service in the employ of the District following the sabbatical leave of absence. A maximum of 1% of the unit members may be on sabbatical leave at any one time.
p. 39, Art. 10.12 & pp. 34-38, Art. 10.8.
How long is the mentorship program for a new teacher? Issue not addressed in scope of NCTQ reviewed documents
How long is the standard orientation that the district provides for new teachers? 1 day

Tenure questions
Role of Tenure on Teacher Assignment and Employment
What is the minimum number of years of experience that a teacher must have in a district before tenure is granted? 2 years
Board Policy 4116: http://capousd.ca.schoolloop.com/policies
Can the district decide to extend the nontenured period if the principal is uncertain that the teacher should receive tenure? Issue not addressed in scope of NCTQ reviewed documents

Transfer & Assignment questions
Transfers
Are internal transfers given priority over new hires for vacant positions? yes
p. 19, Art. 9.2.4.
Are principals and/or site selection committees allowed to select voluntary transfer applicants to hire? If not, then how are voluntary transfers assigned to schools? yes
p. 19, Art. 9.2.4.
Separate from excessing, does the district allow school or district administrators to involuntarily transfer a teacher to another school? If so, for what reasons is he/she allowed to initiate such a transfer? yes, reasons not given
p. 20, Art. 9.3.
Identifying Involuntary Transfers Due to Excessing
Are teachers identified for excessing in reverse order of seniority? Seniority is only one of the factors considered.

pp. 21 & 22, Art. 9.4.3.
How are teachers identified for excessing? teachers placed in groups based on credential(s), grade level experience, extra-duty assignments, site specific professional development; laid off by seniority within grouping
pp. 21 & 22, Art. 9.4.3.
Placing Excessed Teachers
How are excessed teachers assigned to schools? Other
teachers may apply to openings, method of placement not clear
p. 21, Art. 9.4.2.
If excessed teachers are not hired by mutual consent, what happens if there are no available openings? Issue not addressed in scope of NCTQ reviewed documents

Contract Waivers questions
Waivers
Is there a system in place to accept waivers or variance provisions for portions of or the entire collective-bargaining agreement? Yes
p. 77, Art. 20.4.
Do teachers have a vote in a request for a waiver? yes, by teachers that would be significantly affected by the decision
p. 8, Art. 5.10.5 & p. 77, Art. 20.6.2
What requirements must be met for a waiver of contract provisions to be approved? consensus of the affected group; all members of the working group or decision-making body have agreed to go along with the decision and reached consensus by the District Restructuring Council
p. 78, Art. 20.6.1.4 & p. 77, Art. 20.3.3.