Common use of DISTRICT RIGHTS Clause in Contracts

DISTRICT RIGHTS. A. All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational division and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 2. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement; 3. The acquisition, disposition, number, location, types and utilization of all District properties, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, work, service and activity functions assigned to such properties; 4. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of services, and the personnel staffing patterns, work load, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services. 5. The utilization of personnel not covered by this Agreement, including but not limited to substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections and assignments of such personnel; 6. The educational policies, procedures, objectives, goals, and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissions, attendance, transfers, grade level advancement, guidance, grading, testing, records, health and safety, conduct, discipline, transportation, food services, racial and ethnic balance, extra-curricular and co-curricular activities, and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; 7. The selection, direction, promotion, demotion, discipline and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject matters, grade levels, departments, tasks or equipment; and the determination as to whether, when and where there is a job opening; 8. The duties and responsibilities, job description and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards, subject only to the express terms of the evaluation procedures; 9. The dates, times and hours of operation of District facilities, functions, and activities; work schedules; the school calendar; 10. Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for all personnel with respect to such matters; 11. The rules, regulations and policies for all employees, students, and the public, subject only to clear and explicit limitations contained in this Agreement. 12. The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. All other rights of the District not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner. D. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in the contract.

DISTRICT RIGHTS. A. 23.1 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 Section 3540 et seq and/or designated as rights shared with the Association are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. 23.1.1 The legal, operationaloperations, geographical, geographical and organizational structure of the District, including the chain of command, division, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 2. 23.1.2 The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement; 3. 23.1.3 The acquisition, disposition, number, location, types and utilization of all District properties, whether owned, leased, leased or otherwise controlled, including all facilities, grounds, parking areas, and other areas and other improvements, and the personnel, work, service services, and activity functions assigned to such properties; 4. 23.1.4 All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards standard of servicesservice, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performedperformed including educational (i.e., including educationalhistorically not performed by bargaining unit members unless the District must, to conform with federal and state law), support, construction, maintenance and repair services.; 5. 23.1.5 The utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casualconsultant, temporary and provisional personnelconfidential, consultants, instructional aides (non-merit service) and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel; 6. 23.1.6 The educational education policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsadmission, attendance, pupil transfers, grade grade-level advancement, guidance, grading, testing, records, pupil health and safety, conduct, pupil conduct and discipline, transportation, food services, racial and ethnic balance, extra-curricular and co-curricular activities, activities and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public situations with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; 7. 23.1.7 The selection, classification, direction, promotion, demotion, discipline discipline, and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, ; classroom; functions, activities, academic subject mattersmatter, grade levels, departments, tasks or equipment; and the determination as to whether, when and where there is a job opening; 8. 23.1.8 The job classification and the content and qualifications thereof; 23.1.9 The duties and responsibilities, job description and standards of performance for of all employees; and whether any employee a unit member adequately performs such duties and meets such standards, subject only to the express terms of the evaluation procedures; 9. 23.1.10 The dates, times times, and hours of operation of District facilities, functions, and activities; work schedules; the school calendar; 10. 23.1.11 Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for all personnel with respect to such matters; 11. 23.1.12 The rules, regulations and policies for all employeesbargaining unit members, students, students and the public, subject only to clear and explicit limitations contained in this Agreement.; 12. 23.1.13 The retirement of bargaining unit members for age or disability; and 23.1.14 The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or bargaining unit members, consistent with law, as a result of the this exercise of any of the rights of the District not limited by the clear and explicit language of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all 23.2 All other rights and powers of management not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. All other rights of the District not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. . 23.3 The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner, nor does the Association waive any rights guaranteed by law. D. 23.4 The District retains its right to temporarily amend, modify or rescind policies and practices referred to in this Agreement in cases of emergency. 23.5 An emergency for the purposes of this Article shall be an act of God, or natural disaster such as, but not limited to, earthquakes, floods, severe fires, major attack, plague or a financial situation equivalent to one or all of the examples above. 23.6 In addition, the declaration of an emergency which temporarily amends, modifies, or rescinds rights guaranteed under this Agreement shall be subject to judicial review. 23.7 The explicit language of the other Articles of this Agreement shall take precedence over this Article in any dispute between the parties as to the violation, implementation, or interpretation of this Agreement. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the reserved rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions procedures as set forth in Article III Grievances. However, this provision does not prevent the contractgrievability of shared rights if found in the other language in the Articles of this Agreement.

DISTRICT RIGHTS. A. All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any 2.1 The exercise of the following: 1. The legalfollowing powers, operationalrights, geographicalauthority, duties and organizational structure of responsibilities by the District, including the chain adoption of commandpolicies, division rules, regulations and practices in furtherance thereof and the use of authorityjudgment and discretion in connection therewith, organizational division shall be limited only the specific and subdivisions, external and internal boundaries express terms of all kindsthis Agreement, and advisory commissions then only to the extent such specific and committees;express terms are in conformance with law. 2. 2.1.1 The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information process, accounting methodspolicies, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund the wage and benefit wages, benefits or other obligations of this Agreement; 3. 2.1.2 The acquisition, disposition, number, location, types and utilization of all District properties, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, work, service and activity functions assigned to such properties; 4. 2.1.3 All services to be rendered to the public including types and to District personnel in support numbers of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards of services, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; , the lawful subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services.; 5. 2.1.4 The utilization of personnel not covered by this Agreement, including but not limited to substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) consultants and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment and compensation of such personnel; 6. 2.1.5 The educational policiesright to select, proceduresclassify, objectivesassign, goalsdirect, promote, compensate, demote, lay off, discipline and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissions, attendance, transfers, grade level advancement, guidance, grading, testing, records, health and safety, conduct, discipline, transportation, food services, racial and ethnic balance, extra-curricular and co-curricular activities, and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other dismiss all personnel and the public with respect to such matters, subject only to such rights of the Association District except as are provided set forth in this Agreement; 7. The selection, direction, promotion, demotion, discipline and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject matters, grade levels, departments, tasks or equipment; and the determination as to whether, when and where there is a job opening; 8. The duties and responsibilities, job description and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards, subject only to the express terms of the evaluation procedures; 9. 2.1.6 The dates, times and hours of operation of District facilities, functions, facilities and activities; work schedules; the school calendar; 10. Safety 2.1.7 The safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies supplies, and equipment, including the various rules and duties for all personnel with respect to such matters;; and 11. 2.1.8 The rules, regulations and policies for all employees, students, students and the public. 2.2 It is not the intention of the parties, subject only in setting forth the above-mentioned rights of management, to clear and explicit limitations contained detract or diminish in any way the rights of RBTA or of unit employees as expressly set forth elsewhere in this Agreement. 12. The termination or layoff of employees as It is the result of the exercise of any of the rights enumerated above or as a result of the exercise of any of the rights of the District not limited by parties' intention that the clear and explicit language of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any provisions of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. All other rights of the District not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions Articles of this Agreement constitute the only contractual limitations limitation upon the District's rights. The exercise of any right reserved to . 2.3 It is agreed that the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver contractual rights of the District's right or preclude Association and of unit members are set forth in the District from exercising the right in other Articles of this Agreement and that this Article is not a different manner. D. Any source of such rights. Accordingly, any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above-described rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this AgreementDistrict, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in Article 13, unless the contractgrievance in question is an allegation that the District has violated an express provision of some other Article of this Agreement, which Article is itself subject to arbitration. 2.4 The failure of the District to exercise any right reserved to it shall not be deemed a waiver of such rights. 2.5 The District retains its right to amend, modify or rescind policies and practices referred to in this Agreement in cases of emergency; limited however to the actual duration of the emergency.

DISTRICT RIGHTS. A. 3.1 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 13540 et seq. and/or designated as rights shared with the Union are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. The 3.1.1 legal, operational, geographical, geographical and organizational structure of the District, including the chain of command, division, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 2. The 3.1.2 financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; , all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement; 3. The 3.1.3 acquisition, disposition, number, location, types and utilization of all District properties, whether owned, leased, leased or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, personnel work, service services and activity functions assigned to such properties; 4. All 3.1.4 services to be rendered to the public and to the District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards standard of servicesservice, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services.; 5. The 3.1.5 utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) confidential, and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel; 6. The 3.1.6 educational policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsadmission, attendance, pupil transfers, grade level advancement, guidance, grading, testing, records, pupil health and safety, conduct, pupil conduct and discipline, transportation, food & nutrition services, racial and ethnic balance, extra-curricular extracurricular and co-curricular activities, activities and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public situations with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; 7. The 3.1.7 selection, classification, direction, promotion, demotion, discipline and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's ’s utilization of women and minorities; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject mattersmatter, grade levels, departments, tasks tasks, or equipment; and the determination as to whether, when and where there is a job opening; 8. The 3.1.8 job classification and the content and qualifications thereof except as modified by this Agreement; 3.1.9 duties and responsibilities, within the job description and standards of performance for of all employees; and whether any employee unit members adequately performs perform such duties and meets meet such standards, subject only to the express terms of the evaluation procedures; 9. The 3.1.10 dates, times and hours of operation of operation, District facilities, functions, functions and activities; work schedules; the school calendar; 10. Safety 3.1.11 safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for of all personnel with respect to such matters; 11. The 3.1.12 rules, regulations and policies for all employees, students, students and the public, subject only to clear and explicit limitations contained in this Agreement.; 12. The 3.1.13 retirement of unit members for age or disability; and 3.1.14 termination or layoff of employees as the result of the exercise of any of the rights enumerated above or unit members, consistent with law, as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this AgreementAgreement provided this shall not be a waiver of the Union's rights to bargain the effects of layoffs. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. 3.2 All other rights of the District management not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. . 3.3 The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner, nor does the Union waive any rights guaranteed by law. D. 3.4 The District retains its rights to temporarily amend, modify or rescind policies and practices referred to in this Agreement in cases of emergency. 3.5 An emergency for the purpose of this Article shall be an act of God, or natural disaster such as, but not limited to earthquakes, floods, severe fires, major attack, plague or a financial situation equivalent to one or all of the examples above. 3.6 In addition, the declaration of an emergency which temporarily amends, modifies, or rescinds rights guaranteed under this Agreement shall be subject to judicial review. 3.7 The explicit language of the other Articles of this Agreement shall take precedence over this Article in any dispute between the parties as to the violation, implementation, or interpretation of this Agreement. 3.8 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the reserved rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in the contract.Article

DISTRICT RIGHTS. A. 3.1 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 13540 et seq. and/or designated as rights shared with the Union are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. The 3.1.1 legal, operational, geographical, geographical and organizational structure of the District, including the chain of command, division, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 2. The 3.1.2 financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; , all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement; 3. The 3.1.3 acquisition, disposition, number, location, types and utilization of all District properties, whether owned, leased, leased or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, personnel work, service services and activity functions assigned to such properties; 4. All 3.1.4 services to be rendered to the public and to the District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards standard of servicesservice, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services.; 5. The 3.1.5 utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) confidential, and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel; 6. The 3.1.6 educational policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsadmission, attendance, pupil transfers, grade level advancement, guidance, grading, testing, records, pupil health and safety, conduct, pupil conduct and discipline, transportation, food & nutrition services, racial and ethnic balance, extra-curricular extracurricular and co-curricular activities, activities and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public situations with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; 7. The 3.1.7 selection, classification, direction, promotion, demotion, discipline and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's ’s utilization of women and minorities; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject mattersmatter, grade levels, departments, tasks tasks, or equipment; and the determination as to whether, when and where there is a job opening; 8. The 3.1.8 job classification and the content and qualifications thereof except as modified by this Agreement; 3.1.9 duties and responsibilities, within the job description and standards of performance for of all employees; and whether any employee unit members adequately performs perform such duties and meets meet such standards, subject only to the express terms of the evaluation procedures; 9. The 3.1.10 dates, times and hours of operation of operation, District facilities, functions, functions and activities; work schedules; the school calendar; 10. Safety 3.1.11 safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for of all personnel with respect to such matters; 11. The 3.1.12 rules, regulations and policies for all employees, students, students and the public, subject only to clear and explicit limitations contained in this Agreement.; 12. The 3.1.13 retirement of unit members for age or disability; and 3.1.14 termination or layoff of employees as the result of the exercise of any of the rights enumerated above or unit members, consistent with law, as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this AgreementAgreement provided this shall not be a waiver of the Union's rights to bargain the effects of layoffs. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. 3.2 All other rights of the District management not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. . 3.3 The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner, nor does the Union waive any rights guaranteed by law. D. 3.4 The District retains its rights to temporarily amend, modify or rescind policies and practices referred to in this Agreement in cases of emergency. 3.5 An emergency for the purpose of this Article shall be an act of God, or natural disaster such as, but not limited to earthquakes, floods, severe fires, major attack, plague or a financial situation equivalent to one or all of the examples above. 3.6 In addition, the declaration of an emergency which temporarily amends, modifies, or rescinds rights guaranteed under this Agreement shall be subject to judicial review. 3.7 The explicit language of the other Articles of this Agreement shall take precedence over this Article in any dispute between the parties as to the violation, implementation, or interpretation of this Agreement. 3.8 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the reserved rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in Article 4. However, this provision does not prevent the contractgrievability of shared rights if found in other language in the Articles of this Agreement. 3.9 It is understood and agreed that the District retains authority and responsibilities to direct, manage and control to the full extent of all laws the business of the District except as limited by the express terms of the contract to insure the rights and educational opportunities of students and to maintain the efficiency of the District's operation.

DISTRICT RIGHTS. A. 7.1 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 Section 3540 et seq. and/or designated as rights shared with the Association are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. 7.1.1 The legal, operationaloperations, geographical, geographical and organizational structure of the District, including the chain of command, division, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 2. 7.1.2 The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debtdebts, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement; 3. 7.1.3 The acquisition, disposition, number, location, types and utilization of all District properties, whether owned, leased, leased or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, work, service services and activity functions assigned to such properties; 4. 7.1.4 All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards standard of servicesservice, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; , the subcontracting of services to be rendered and functions to be performedperformed including educational (i.e., including educationalhistorically not performed by unit members unless the District must, to conform with federal and state laws), support, construction, maintenance and repair services.; 5. 7.1.5 The utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) confidential and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel; 6. 7.1.6 The educational policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsadmission, attendance, pupil transfers, grade level advancement, guidance, grading, testing, records, pupil health and safety, conduct, pupil conduct and discipline, transportation, food servicesservice, racial and ethnic balance, extra-curricular and co-curricular activities, activities and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public situations with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; 7. 7.1.7 The selection, classification, direction, promotion, demotion, discipline discipline, and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classroomsclassroom, functions, activities, academic subject mattersmatter, grade levels, departments, tasks tasks, or equipment; and the determination as to whether, when when, and where there is a job opening; 8. 7.1.8 The job classification and the content and qualifications thereof; 7.1.9 The duties and responsibilities, job description and standards of performance for of all employees; and whether any employee unit members adequately performs perform such duties and meets meet such standards, subject only to the express terms of the evaluation procedures; 9. 7.1.10 The dates, times and hours of operation of District facilities, functions, functions and activities; work schedules; the school calendar; 10. Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for all personnel with respect to such matters; 11. The rules, regulations and policies for all employees, students, and the public, subject only to clear and explicit limitations contained in this Agreement. 12. The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. All other rights of the District not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner. D. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in the contract.

DISTRICT RIGHTS. A. 3.1 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 13540 et seq. and/or designated as rights shared with the Union are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. The 3.1.1 legal, operational, geographical, geographical and organizational structure of the District, including the chain of command, division, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 2. The 3.1.2 financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; , all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement; 3. The 3.1.3 acquisition, disposition, number, location, types and utilization of all District properties, whether owned, leased, leased or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, personnel work, service services and activity functions assigned to such properties; 4. All 3.1.4 services to be rendered to the public and to the District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards standard of servicesservice, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services.; 5. The 3.1.5 utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) confidential, and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel; 6. The 3.1.6 educational policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsadmission, attendance, pupil transfers, grade level advancement, guidance, grading, testing, records, pupil health and safety, conduct, pupil conduct and discipline, transportation, food & nutrition services, racial and ethnic balance, extra-curricular extracurricular and co-curricular activities, activities and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public situations with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; 7. The 3.1.7 selection, classification, direction, promotion, demotion, discipline and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's ’s utilization of women and minorities; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject mattersmatter, grade levels, departments, tasks tasks, or equipment; and the determination as to whether, when and where there is a job opening; 8. The 3.1.8 job classification and the content and qualifications thereof except as modified by this Agreement; 3.1.9 duties and responsibilities, within the job description and standards of performance for of all employees; and whether any employee unit members adequately performs perform such duties and meets meet such standards, subject only to the express terms of the evaluation procedures; 9. The 3.1.10 dates, times and hours of operation of operation, District facilities, functions, functions and activities; work schedules; the school calendar; 10. Safety 3.1.11 safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for of all personnel with respect to such matters; 11. The 3.1.12 rules, regulations and policies for all employees, students, students and the public, subject only to clear and explicit limitations contained in this Agreement.; 12. The 3.1.13 retirement of unit members for age or disability; and 3.1.14 termination or layoff of employees as the result of the exercise of any of the rights enumerated above or unit members, consistent with law, as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this AgreementAgreement provided this shall not be a waiver of the Union's rights to bargain the effects of layoffs. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. 3.2 All other rights of the District management not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. . 3.3 The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner, nor does the Union waive any rights guaranteed by law. D. Any dispute arising out 3.4 The District retains its rights to temporarily amend, modify or rescind policies and practices referred to in this Agreement in cases of emergency. 3.5 An emergency for the purpose of this Article shall be an act of God, or in any way connected with either the existence of natural disaster such as, but not limited to earthquakes, floods, severe fires, major attack, plague or the exercise of any a financial situation equivalent to one or all of the rights examples above. In addition, the declaration of the District set forth hereinabovean emergency which temporarily amends, modifies, or any other rescinds rights of the District not expressly limited by the clear and explicit language of guaranteed under this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not Agreement shall be subject to the grievance provisions set forth in the contractjudicial review.

DISTRICT RIGHTS. A. 11.1 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 3540 et seq. and/or designated as rights shared with the Association are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify modify, or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. 11.1.1 The legallegal operations, operational, geographical, geographical and organizational structure of the District, including the chain of command, division, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 2. 11.1.2 The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement; 3. 11.1.3 The acquisition, disposition, number, location, types and utilization of all District properties, whether owned, leased, leased or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, work, service services and activity functions assigned to such properties; 4. 11.1.4 All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards standard of servicesservice, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performedperformed including education (i.e., including educationalhistorically not performed by unit members unless the District must, to conform with federal and state law), support, construction, maintenance and repair services.; 5. 11.1.5 The utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) confidential, and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel; 6. 11.1.6 The educational policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsadmission, attendance, pupil transfers, grade level advancement, guidance, grading, testing, records, pupil health and safety, conduct, pupil conduct and discipline, transportation, food services, racial and ethnic balance, extra-curricular extracurricular and co-curricular activities, activities and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public situations with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; 7. 11.1.7 The selection, classification, direction, promotion, demotion, discipline and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's utilization of women and minoritiesprograms; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classroomsclassroom, functions, activities, academic subject mattersmatter, grade levels, departments, tasks tasks, or equipment; and the determination as to whether, when and where there is a job opening; 8. 11.1.8 The job classification and the content and qualifications thereof; 11.1.9 The duties and responsibilities, job description and standards of performance for of all employees; and whether any employee unit members adequately performs perform such duties and meets meet such standards, subject only to the express terms of the evaluation procedures; 9. 11.1.10 The dates, times and hours of operation of District facilities, functions, functions and activities; work schedules; the school calendar; 10. 11.1.11 Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for of all personnel with respect to such matters; 11. 11.1.12 The rules, regulations and policies for all employeesunit members, students, students and the public, subject only to clear and explicit limitations contained in this Agreement.; 12. 11.1.13 The retirement of unit members for age or disability; and 11.1.14 The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or unit members, consistent with law, as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all 11.2 All other rights and powers of management not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. All other rights of the District not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. . 11.3 The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner, nor does the Association waive any rights guaranteed by law. D. Any dispute arising out 11.4 The District retains its rights to temporarily amend, modify or rescind policies and practices referred to in this Agreement in cases of emergency. 11.5 An emergency for the purposes of this Article shall be an act of God, or in any way connected with either the existence of natural disaster such as, but not limited to earthquakes, floods, severe fires, major attack, plague or the exercise of any a financial situation equivalent to one or all of the examples above. In addition, the declaration of an emergency which temporarily amends, modifies or rescinds rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of guaranteed under this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not Agreement shall be subject to the grievance provisions set forth in the contractjudicial review.

DISTRICT RIGHTS. A. All This Article is intended to ensure that the District retains all rights and powers which it has not agreed to limit in other Articles of this Agreement; this Article is not intended, nor shall it be construed as: 1. Expanding the rights of the District beyond statutory and constitutional limits; 2. Waiving the rights of the Association or unit members under the Education Code or other statutes or constitutions; or 3. Waiving or otherwise diminishing the rights of the Association or of unit members as set forth in this Agreement. B. Subject to the foregoing qualifications, it is agreed that all matters which are not specifically enumerated as within the scope of negotiations negotiation in Government Governmental Code 3543.2 Section 3543.2, and also all powers and rights which are reserved to not limited by the terms of this Agreement, are retained by the District. It is agreed that such reserved Such retained rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the followingto: 1. The Determine the legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational division and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 2. The financial structure of the District, including Determine all sources and amounts of financial support, income, funding, taxes and debt, support for the District and all means and or conditions necessary or incidental to securing the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; ; 3. Determine all investment policies and practices; all budgetary budget matters and procedures, procedures including the budget calendar, the budget information process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expenditures expressly allocated to fund the wage and benefit obligations required by other Articles of this Agreement; 34. The acquisition, disposition, Determine the number, location, types type and utilization location of all District owned or controlled properties, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas facilities and other improvements, including the acquisition, disposal and utilization of same and the personnel, work, service service, and activity functions assigned to each of such properties; 45. All Determine the duties and types of services to be rendered to the public and to District personnel in support of the services rendered to the publicrendered; the nature, job content and qualifications of employees; the methods, qualityfrequency, quantity, frequency and standards of services, ; performance standards; and the personnel staffing patterns, work load, facilities, vendorspersonnel, supplies, materials, vehicles, materials and equipment and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services. 5. The utilization of personnel not covered by this Agreement, including but not limited to substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections and assignments of such personnelused; 6. The Determine, subject to consultation rights of the Association under Government Code 3543.2, the educational policies, procedures, objectives, goals, and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissions, attendance, transfers, grade level advancementpupil placement, guidance, grading, testing, records, health pupil conduct and safety, conduct, discipline, transportation, food services, racial and ethnic balance, extra-curricular extracurricular and co-curricular activities, and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; 7. The selectionSelect, directionclassify, promotiondirect, demotionutilize, discipline promote, demote, lay off, terminate (subject to Education Code provisions) and termination of all retire any personnel of the District; affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of ; 8. Assign employees to any location (subject only to the express terms of this Agreement regarding transfers)location, and also to any facilities, classrooms, functions, activities, academic subject mattersmatter, specialties, departments and grade levels, departments, tasks or equipment; and the determination as to whether, when and where there is a job opening; 8. The duties and responsibilities, job description and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards, subject only to the express terms of the evaluation procedures; 9. The Determine staffing patterns including but not limited to the number of employees; 10. Determine the job classifications and the content and qualifications thereof; 11. Determine the affirmative action and equal employment policies and programs; 12. Determine the dates, times and hours of operation of any District facilitiesfacility function, functionsservice or activity; 13. Determine the rules, regulations and policies for all employees, students, and activities; work schedules; the school calendarpublic; 1014. Safety Determine safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for all personnel with respect to such matters;; and 1115. The rulesDetermine, regulations and policies for all employeesto the extent permitted by the Education Code, studentsthe utilization of persons not covered by this Agreement to do work which is normally done by persons covered hereby, and the public, subject only to clear methods of selection and explicit limitations contained in this Agreementassignment of such personnel. 12. C. The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or as a result of the exercise of any of the above-mentioned rights of the District not limited are listed by the clear and explicit language way of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plansexample rather than limitation, and the manner and method of funding such plans. C. All other rights of the District not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's ’s rights. The exercise of any right reserved to the District herein in this Article in a particular manner manner, or the non-exercise of any such right right, shall not be deemed a waiver of the District's ’s right or preclude the District from exercising the right in a different manner. D. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in the contract.

DISTRICT RIGHTS. A. 4.1 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 covered by this Agreement are reserved to the Districtdistrict. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify modify, or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. 4.2 The legal, operational, geographical, and organizational structure of the Districtdistrict, including the chain of command, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees;. 2. 4.3 The financial structure of the Districtdistrict, including all sources and amounts of financial support, income, funding, taxes taxes, and debt, and all means and conditions necessary or incidental incident to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement;expenditures. 3. 4.4 The acquisition, disposition, number, location, types types, and utilization of all District district properties, whether owned, leasedrented, leased or otherwise controlled, including all facilities, grounds, parking areas areas, and other improvements, and the personnel, work, service and activity functions assigned to such properties;. 4. 4.5 All services to be rendered to the public and to District district personnel in support of the services rendered rendered, including entering into contracts with private and public vendors for service to the public; the nature, methods, quality, quantity, frequency and standards of services, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment equipment, and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance maintenance, and repair services. 5. 4.6 The utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary casual and provisional personnel, consultants, instructional aides (non-merit service) and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel;. 6. 4.7 The educational policies, procedures, objectives, goals, and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsstudent admission, student attendance, transfers, grade level student advancement, student guidance, grading, student testing, student records, health and safety, student conduct, student discipline, transportation, food services, racial and ethnic balance, extra-curricular student extracurricular and co-curricular activities, and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachersother personnel, other personnel and the public with respect to such matters, subject only to such rights of the Association as are provided in this Agreement;. 7. 4.8 The selection, classification, direction, assignment, promotion, demotion, discipline discipline, and termination of all personnel of the Districtdistrict; affirmative action and equal employment opportunity policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject matters, grade levels, departments, tasks or equipmentprograms; and the determination as to whether, whether and when and where there is a job opening; 8opening exists. The job classifications, content and qualifications thereof. 4.9 The duties and responsibilities, job description and standards of performance for all employees; bargaining unit members, and whether any employee bargaining unit member adequately performs such duties and meets such standards, subject only to the express terms of the evaluation procedures;. 9. 4.10 The dates, times times, and hours of operation of District district facilities, functions, and activities; , work schedules; schedules and the school calendar;. 10. 4.11 Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies supplies, and equipment, including the various rules and duties for all personnel with respect to such matters; 11. The rules, regulations and policies for all employees, students, and the public, subject only to clear and explicit limitations contained in this Agreement. 12. The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. 4.12 All other rights of the District management not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District district even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's district’s rights. The exercise of any right reserved to the District district herein in a particular manner or the non-exercise of any such right rights shall not be deemed a waiver of the District's district’s right or preclude the District district from exercising the right in a different manner. D. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in the contract.

DISTRICT RIGHTS. A. 11.1 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 3540 et seq. and/or designated as rights shared with the Association are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify modify, or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. 11.1.1 The legallegal operations, operational, geographical, geographical and organizational structure of the District, including the chain of command, division, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 2. 11.1.2 The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement; 3. 11.1.3 The acquisition, disposition, number, location, types and utilization of all District properties, whether owned, leased, leased or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, work, service services and activity functions assigned to such properties; 4. 11.1.4 All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards standard of servicesservice, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performedperformed including education (i.e., including educationalhistorically not performed by unit members unless the District must, to conform with federal and state law), support, construction, maintenance and repair services.; 5. 11.1.5 The utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) confidential, and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel; 6. 11.1.6 The educational policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsadmission, attendance, pupil transfers, grade level advancement, guidance, grading, testing, records, pupil health and safety, conduct, pupil conduct and discipline, transportation, food services, racial and ethnic balance, extra-curricular extracurricular and co-curricular activities, activities and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public situations with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; 7. 11.1.7 The selection, classification, direction, promotion, demotion, discipline and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's utilization of women and minoritiesprograms; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classroomsclassroom, functions, activities, academic subject mattersmatter, grade levels, departments, tasks tasks, or equipment; and the determination as to whether, when and where there is a job opening; 8. 11.1.8 The job classification and the content and qualifications thereof; 11.1.9 The duties and responsibilities, job description and standards of performance for of all employees; and whether any employee unit members adequately performs perform such duties and meets meet such standards, subject only to the express terms of the evaluation procedures; 9. 11.1.10 The dates, times and hours of operation of District facilities, functions, functions and activities; work schedules; the school calendar; 10. 11.1.11 Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for of all personnel with respect to such matters; 11. 11.1.12 The rules, regulations and policies for all employeesunit members, students, students and the public, subject only to clear and explicit limitations contained in this Agreement.; 12. 11.1.13 The retirement of unit members for age or disability; and 11.1.14 The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or unit members, consistent with law, as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all 11.2 All other rights and powers of management not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. All other rights of the District not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. . 11.3 The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner, nor does the Association waive any rights guaranteed by law. D. 11.4 The District retains its rights to temporarily amend, modify or rescind policies and practices referred to in this Agreement in cases of emergency. 11.5 An emergency for the purposes of this Article shall be an act of God, or natural disaster such as, but not limited to earthquakes, floods, severe fires, major attack, plague or a financial situation equivalent to one or all of the examples above. 11.6 In addition, the declaration of an emergency which temporarily amends, modifies or rescinds rights guaranteed under this Agreement shall be subject to judicial review. 11.7 The explicit language of the other Articles of this Agreement shall take precedence over this Article in any dispute between the parties as to the violation, implementation or interpretation of this Agreement. 11.8 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the reserved rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not only subject to the grievance provisions set forth in Article 5. However, this provision does not prevent the contractgrievability of shared rights if found in the other language in the Articles of this Agreement.

DISTRICT RIGHTS. A. ‌ 6.1. All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify modify, or discontinue, in whole or in part, temporarily or permanently, any of the followingfollowing not outlined by law: 16.1.1. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory and internal boundaries of all kinds, and advisory commissions and committees;. 26.1.2. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement;. 36.1.3. The acquisition, disposition, number, location, location types and utilization of all District properties, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, work, work service and activity functions assigned to such properties;. 46.1.4. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency frequency, and standards of servicesservice, and the personnel staffing patterns, work load, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the lawful subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services. 56.1.5. The utilization of personnel not covered by this Agreement, including but not limited to substitutes, casual, temporary Agreement and provisional personnel, consultants, instructional aides (non-merit service) and supervisory or managerial personneldefined in Education Code Section 88003, to do work which is normally done by employees unit members covered hereby, and the methods of selections selection and assignments assignment of such personnel;. 66.1.6. The educational policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissions, attendance, transfers, grade level advancement, guidance, grading, testing, records, health and safety, conduct, discipline, transportation, food services, racial and ethnic balance, extra-curricular extracurricular and co-curricular activities, and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public with respect to such matters, subject only to such consultation rights of the Association as are provided in this Agreement;by law. 76.1.7. The selection, classification, direction, promotion, demotion, discipline and termination of all personnel of the DistrictDistrict not limited by law or the clear and explicit limitation contained in this agreement; affirmative action and equal employment policies and programs to improve the District's utilization of women and minoritiesprograms; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject matters, grade levels, departments, tasks or equipmentequipment not limited by law or this agreement; and the determination as to whether, when and where there is a job opening;. 86.1.8. The creation of, and/or to cover new functions in, job classifications. 6.1.9. The duties and responsibilities, job description and standards of performance for all employeesunit members; and whether any employee unit member adequately performs such duties and meets such standards, subject only to the express terms of the evaluation procedures;. 96.1.9.1. The dates, times times, and hours of operation of District facilities, functions, and activities; , work schedules; the school schedules and academic calendar;. 106.1.9.2. Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies supplies, and equipment, including the various rules and duties for all personnel with respect to such matters;. 116.1.9.3. The rules, regulations and policies for all employeesunit members, students, and the public, subject only to law and/or clear and explicit limitations contained in this Agreement. 126.1.9.4. The retirement of unit members for age or disability. 6.1.9.5. The termination or layoff of employees unit members as the result of the exercise of any of the rights enumerated above or as a result of the exercise of any of the rights of the District not limited by law and/or the clear and explicit language of this Agreement. B. 6.2. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by law and/or the clear and explicit language of this Agreement, including including, but not limited to to, the exclusive right and power to determine, implement, supplement, change, modify modify, or discontinue, in whole or in part, temporarily or permanently, any of the following: 16.2.1. The rates of pay for any classifications implemented during the term of this Agreement. 6.2.2. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plansunit members. C. All other rights of the District not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner. D. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in the contract.

DISTRICT RIGHTS. A. 4.1 All matters not specifically enumerated as within the scope of negotiations representation in Government Code 3543.2 Code§ 3540 et seq. and/or designated as rights shared with CSEA or finally determined by PERB or an appeals court of competent jurisdiction to be within the scope of representation are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify modify, or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. 4.1.1 The legal, operationaloperations, geographical, and organizational structure of the District, including the chain of command, division and allocation of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 2. 4.1.2 The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement; 3. 4.1.3 The acquisition, disposition, number, location, types types, and utilization of all District properties, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas areas, and other improvements, and the personnel, work, service services, and activity functions assigned to such properties; 4. 4.1.4 All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency frequency, and standards standard of servicesservice, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment equipment, and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services.; 5. 4.1.5 The utilization of personnel not covered by this Agreement, including but not limited to substitutes, casual, temporary and provisional personnelshort-term employees, consultants, instructional aides (non-merit service) confidential, and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel; 6. 4.1.6 The educational policies, procedures, objectives, goals, and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsadmission, attendance, pupil transfers, grade level advancement, guidance, grading, testing, records, pupil health and safety, conduct, pupil conduct and discipline, transportation, food services, racial and ethnic balance, extra-curricular extracurricular and co-curricular curriculum; activities, and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public situations with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; 7. 4.1.7 The selection, classification (not related negotiable issues such as wages and not reclassification or changes in a classification), direction, promotion, demotion, discipline and termination of all personnel of the DistrictDistrict (subject to any hearing rights); affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classroomsclassroom, functions, activities, academic subject mattersmatter, grade levels, departments, tasks tasks, or equipment; and the determination as to whether, when and where there is a job opening; 8. 4.1.8 The job duties and qualifications on which job classification are based; 4.1.9 The duties and responsibilities, job description and standards of performance for of all employees; and whether any employee unit members adequately performs perform such duties and meets meet such standards, subject only to the express terms of the evaluation procedures; 9. 4.1.10 The dates, times times, and hours of operation of District facilities, functions, and activities; work schedules; the school calendar; 10. 4.1.11 Safety and security measures for students, employees, the public, properties, facilities, vehicles, materials, supplies supplies, and equipment, including the various written rules and duties for of all personnel with respect to such matters; 11. 4.1.12 The rules, regulations regulations, and policies for all employeesunit members not abrogated or modified through collective bargaining, studentsand for, students and the public, subject only to clear and explicit limitations contained in this Agreement. 12. The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. 4.1.13 The transfer retirement of employees Districtwideunit members for disability in accordance with retirement law; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. 4.2 All other rights of the District management not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. . 4.3 The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's ’s right or preclude the District from exercising the right in a different manner, nor does CSEA waive any rights guaranteed by law. D. 4.4 The District retains its rights to temporarily amend, modify, or rescind policies and practices referred to in this Agreement in cases of emergency. An emergency for the purposes of this Article shall be an act of God, or natural disaster such as, but not limited to earthquakes, floods, severe fires, major attack, plague or a financial situation equivalent to one or all of the examples above. In addition, the declaration of an emergency which temporarily amends, modifies or rescinds rights guaranteed under this Agreement shall be subject to judicial review. · 4.5 The explicit language of the other Articles of this Agreement shall take precedence over this Article in any dispute between the parties as to the violation, implementation or interpretation of this Agreement. 4.6 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the reserved rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in Article XIV. However, this provision does not prevent the contractgrievability of shared rights if found in the other language in the Articles of this Agreement.

DISTRICT RIGHTS. A. 11.1 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 3540 et seq. and/or designated as rights shared with the Association are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify modify, or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. 11.1.1 The legallegal operations, operational, geographical, geographical and organizational structure of the District, including the chain of command, division, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 2. 11.1.2 The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement; 3. 11.1.3 The acquisition, disposition, number, location, types and utilization of all District properties, whether owned, leased, leased or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, work, service services and activity functions assigned to such properties; 4. 11.1.4 All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards standard of servicesservice, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performedperformed including education (i.e., including educationalhistorically not performed by unit members unless the District must, to conform with federal and state law), support, construction, maintenance and repair services.; 5. 11.1.5 The utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) confidential, and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel; 6. 11.1.6 The educational policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsadmission, attendance, pupil transfers, grade level advancement, guidance, grading, testing, records, pupil health and safety, conduct, pupil conduct and discipline, transportation, food services, racial and ethnic balance, extra-extracurricular and co- curricular and co-curricular activities, activities and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public situations with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; 7. 11.1.7 The selection, classification, direction, promotion, demotion, discipline and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's utilization of women and minoritiesprograms; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classroomsclassroom, functions, activities, academic subject mattersmatter, grade levels, departments, tasks tasks, or equipment; and the determination as to whether, when and where there is a job opening; 8. 11.1.8 The job classification and the content and qualifications thereof; 11.1.9 The duties and responsibilities, job description and standards of performance for of all employees; and whether any employee unit members adequately performs perform such duties and meets meet such standards, subject only to the express terms of the evaluation procedures; 9. 11.1.10 The dates, times and hours of operation of District facilities, functions, functions and activities; work schedules; the school calendar; 10. 11.1.11 Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for of all personnel with respect to such matters; 11. 11.1.12 The rules, regulations and policies for all employeesunit members, students, students and the public, subject only to clear and explicit limitations contained in this Agreement.; 12. 11.1.13 The retirement of unit members for age or disability; and 11.1.14 The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or unit members, consistent with law, as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all 11.2 All other rights and powers of management not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. All other rights of the District not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. . 11.3 The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner, nor does the Association waive any rights guaranteed by law. D. 11.4 The District retains its rights to temporarily amend, modify or rescind policies and practices referred to in this Agreement in cases of emergency. 11.5 An emergency for the purposes of this Article shall be an act of God, or natural disaster such as, but not limited to earthquakes, floods, severe fires, major attack, plague or a financial situation equivalent to one or all of the examples above. 11.6 In addition, the declaration of an emergency which temporarily amends, modifies or rescinds rights guaranteed under this Agreement shall be subject to judicial review. 11.7 The explicit language of the other Articles of this Agreement shall take precedence over this Article in any dispute between the parties as to the violation, implementation or interpretation of this Agreement. 11.8 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the reserved rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not only subject to the grievance provisions set forth in Article 5. However, this provision does not prevent the contractgrievability of shared rights if found in the other language in the Articles of this Agreement.

DISTRICT RIGHTS. A. 4.1 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 covered by this Agreement are reserved to the Districtdistrict. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify modify, or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. 4.2 The legal, operational, geographical, and organizational structure of the Districtdistrict, including the chain of command, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees;. 2. 4.3 The financial structure of the Districtdistrict, including all sources and amounts of financial support, income, funding, taxes taxes, and debt, and all means and conditions necessary or incidental incident to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement;expenditures. 3. 4.4 The acquisition, disposition, number, location, types types, and utilization of all District district properties, whether owned, leasedrented, leased or otherwise controlled, including all facilities, grounds, parking areas areas, and other improvements, and the personnel, work, service and activity functions assigned to such properties;. 4. 4.5 All services to be rendered to the public and to District district personnel in support of the services rendered rendered, including entering into contracts with private and public vendors for service to the public; the nature, methods, quality, quantity, frequency and standards of services, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment equipment, and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance maintenance, and repair services. 5. 4.6 The utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary casual and provisional personnel, consultants, instructional aides (non-merit service) and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel;. 6. 4.7 The educational policies, procedures, objectives, goals, and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsstudent admission, student attendance, transfers, grade level student advancement, student guidance, grading, student testing, student records, health and safety, student conduct, student discipline, transportation, food services, racial and ethnic balance, extra-curricular student extracurricular and co-curricular activities, and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachersother personnel, other personnel and the public with respect to such matters, subject only to such rights of the Association as are provided in this Agreement;. 7. 4.8 The selection, classification, direction, assignment, promotion, demotion, discipline discipline, and termination of all personnel of the Districtdistrict; affirmative action and equal employment opportunity policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject matters, grade levels, departments, tasks or equipmentprograms; and the determination as to whether, whether and when and where there is a job opening; 8opening exists. The job classifications, content and qualifications thereof. 4.9 The duties and responsibilities, job description and standards of performance for all employees; bargaining unit members, and whether any employee bargaining unit member adequately performs such duties and an meets such standards, subject only to the express terms of the evaluation procedures;. 9. 4.10 The dates, times times, and hours of operation of District district facilities, functions, and activities; , work schedules; schedules and the school calendar;. 10. 4.11 Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies supplies, and equipment, including the various rules and duties for all personnel with respect to such matters; 11. The rules, regulations and policies for all employees, students, and the public, subject only to clear and explicit limitations contained in this Agreement. 12. The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. 4.12 All other rights of the District management not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District district even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's district’s rights. The exercise of any right reserved to the District district herein in a particular manner or the non-exercise of any such right rights shall not be deemed a waiver of the District's district’s right or preclude the District district from exercising the right in a different manner. D. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in the contract.

DISTRICT RIGHTS. A. 6.1. All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify modify, or discontinue, in whole or in part, temporarily or permanently, any of the followingfollowing not outlined by law: 16.1.1. The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory and internal boundaries of all kinds, and advisory commissions and committees;. 26.1.2. The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement;. 36.1.3. The acquisition, disposition, number, location, location types and utilization of all District properties, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, work, work service and activity functions assigned to such properties;. 46.1.4. All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency frequency, and standards of servicesservice, and the personnel staffing patterns, work load, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the lawful subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services. 56.1.5. The utilization of personnel not covered by this Agreement, including but not limited to substitutes, casual, temporary Agreement and provisional personnel, consultants, instructional aides (non-merit service) and supervisory or managerial personneldefined in Education Code Section 88003, to do work which is normally done by employees unit members covered hereby, and the methods of selections selection and assignments assignment of such personnel;. 66.1.6. The educational policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissions, attendance, transfers, grade level advancement, guidance, grading, testing, records, health and safety, conduct, discipline, transportation, food services, racial and ethnic balance, extra-curricular extracurricular and co-curricular activities, and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public with respect to such matters, subject only to such consultation rights of the Association as are provided in this Agreement;by law. 76.1.7. The selection, classification, direction, promotion, demotion, discipline and termination of all personnel of the DistrictDistrict not limited by law or the clear and explicit limitation contained in this agreement; affirmative action and equal employment policies and programs to improve the District's utilization of women and minoritiesprograms; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject matters, grade levels, departments, tasks or equipmentequipment not limited by law or this agreement; and the determination as to whether, when and where there is a job opening;. 86.1.8. The creation of, and/or to cover new functions in, job classifications. 6.1.9. The duties and responsibilities, job description and standards of performance for all employeesunit members; and whether any employee unit member adequately performs such duties and meets such standards, subject only to the express terms of the evaluation procedures;. 96.1.9.1. The dates, times times, and hours of operation of District facilities, functions, and activities; , work schedules; the school schedules and academic calendar;. 106.1.9.2. Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies supplies, and equipment, including the various rules and duties for all personnel with respect to such matters;. 116.1.9.3. The rules, regulations and policies for all employeesunit members, students, and the public, subject only to law and/or clear and explicit limitations contained in this Agreement. 126.1.9.4. The retirement of unit members for age or disability. 6.1.9.5. The termination or layoff of employees unit members as the result of the exercise of any of the rights enumerated above or as a result of the exercise of any of the rights of the District not limited by law and/or the clear and explicit language of this Agreement. B. 6.2. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by law and/or the clear and explicit language of this Agreement, including including, but not limited to to, the exclusive right and power to determine, implement, supplement, change, modify modify, or discontinue, in whole or in part, temporarily or permanently, any of the following: 16.2.1. The rates of pay for any classifications implemented during the term of this Agreement. 6.2.2. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plansunit members. C. All other rights of the District not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner. D. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in the contract.

DISTRICT RIGHTS. A. 4.1 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 covered by this Agreement are reserved to the Districtdistrict. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify modify, or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. 4.2 The legal, operational, geographical, and organizational structure of the Districtdistrict, including the chain of command, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees;. 2. 4.3 The financial structure of the Districtdistrict, including all sources and amounts of financial support, income, funding, taxes taxes, and debt, and all means and conditions necessary or incidental incident to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement;expenditures. 3. 4.4 The acquisition, disposition, number, location, types types, and utilization of all District district properties, whether owned, leasedrented, leased or otherwise controlled, including all facilities, grounds, parking areas areas, and other improvements, and the personnel, work, service and activity functions assigned to such properties;. 4. 4.5 All services to be rendered to the public and to District district personnel in support of the services rendered rendered, including entering into contracts with private and public vendors for service to the public; the nature, methods, quality, quantity, frequency and standards of services, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment equipment, and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance maintenance, and repair services. 5. 4.6 The utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary casual and provisional personnel, consultants, instructional aides (non-merit service) and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel;. 6. 4.7 The educational policies, procedures, objectives, goals, and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsstudent admission, student attendance, transfers, grade level student advancement, student guidance, grading, student testing, student records, health and safety, student conduct, student discipline, transportation, food services, racial and ethnic balance, extra-curricular student extracurricular and co-curricular activities, and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachersother personnel, other personnel and the public with respect to such matters, subject only to such rights of the Association as are provided in this Agreement;. 7. 4.8 The selection, classification, direction, assignment, promotion, demotion, discipline discipline, and termination of all personnel of the Districtdistrict; affirmative action and equal employment opportunity policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject matters, grade levels, departments, tasks or equipmentprograms; and the determination as to whether, whether and when and where there is a job opening; 8opening exists. The job classifications, content and qualifications thereof. 4.9 The duties and responsibilities, job description and standards of performance for all employees; bargaining unit members, and whether any employee bargaining unit member adequately performs such duties and meets such standards, subject only to the express terms of the evaluation procedures;and 9. 4.10 The dates, times times, and hours of operation of District district facilities, functions, and activities; , work schedules; schedules and the school calendar;. 10. 4.11 Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies supplies, and equipment, including the various rules and duties for all personnel with respect to such matters; 11. The rules, regulations and policies for all employees, students, and the public, subject only to clear and explicit limitations contained in this Agreement. 12. The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. 4.12 All other rights of the District management not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District district even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's district’s rights. The exercise of any right reserved to the District district herein in a particular manner or the non-exercise nonexercise of any such right rights shall not be deemed a waiver of the District's district’s right or preclude the District district from exercising the right in a different manner. D. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in the contract.

DISTRICT RIGHTS. A. 7.1 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 Section 3540 et seq. and/or designated as rights shared with the Association are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. 7.1.1 The legal, operationaloperations, geographical, geographical and organizational structure of the District, including the chain of command, division, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 2. 7.1.2 The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debtdebts, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement; 3. 7.1.3 The acquisition, disposition, number, location, types and utilization of all District properties, whether owned, leased, leased or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, work, service services and activity functions assigned to such properties; 4. 7.1.4 All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards standard of servicesservice, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; , the subcontracting of services to be rendered and functions to be performedperformed including educational (i.e., including educationalhistorically not performed by unit members unless the District must, to conform with federal and state laws), support, construction, maintenance and repair services.; 5. 7.1.5 The utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) confidential and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel; 6. 7.1.6 The educational policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsadmission, attendance, pupil transfers, grade level advancement, guidance, grading, testing, records, pupil health and safety, conduct, pupil conduct and discipline, transportation, food servicesservice, racial and ethnic balance, extra-curricular and co-co- curricular activities, activities and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public situations with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; 7. 7.1.7 The selection, classification, direction, promotion, demotion, discipline discipline, and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classroomsclassroom, functions, activities, academic subject mattersmatter, grade levels, departments, tasks tasks, or equipment; and the determination as to whether, when when, and where there is a job opening; 8. 7.1.8 The job classification and the content and qualifications thereof; 7.1.9 The duties and responsibilities, job description and standards of performance for of all employees; and whether any employee unit members adequately performs perform such duties and meets meet such standards, subject only to the express terms of the evaluation procedures; 9. 7.1.10 The dates, times and hours of operation of District facilities, functions, functions and activities; work schedules; the school calendar; 10. Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for all personnel with respect to such matters; 11. The rules, regulations and policies for all employees, students, and the public, subject only to clear and explicit limitations contained in this Agreement. 12. The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. All other rights of the District not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner. D. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in the contract.

DISTRICT RIGHTS. A. 4.1 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 covered by this Agreement are reserved to the Districtdistrict. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify modify, or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. 4.2 The legal, operational, geographical, and organizational structure of the Districtdistrict, including the chain of command, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees;. 2. 4.3 The financial structure of the Districtdistrict, including all sources and amounts of financial support, income, funding, taxes taxes, and debt, and all means and conditions necessary or incidental incident to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement;expenditures. 3. 4.4 The acquisition, disposition, number, location, types types, and utilization of all District district properties, whether owned, leasedrented, leased or otherwise controlled, including all facilities, grounds, parking areas areas, and other improvements, and the personnel, work, service and activity functions assigned to such properties;. 4. 4.5 All services to be rendered to the public and to District district personnel in support of the services rendered rendered, including entering into contracts with private and public vendors for service to the public; the nature, methods, quality, quantity, frequency and standards of services, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment equipment, and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance maintenance, and repair services. 5. 4.6 The utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary casual and provisional personnel, consultants, instructional aides (non-merit service) and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel;. 6. 4.7 The educational policies, procedures, objectives, goals, and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsstudent admission, student attendance, transfers, grade level student advancement, student guidance, grading, student testing, student records, health and safety, student conduct, student discipline, transportation, food services, racial and ethnic balance, extra-curricular student extracurricular and co-curricular activities, and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachersother personnel, other personnel and the public with respect to such matters, subject only to such rights of the Association as are provided in this Agreement;. 7. 4.8 The selection, classification, direction, assignment, promotion, demotion, discipline discipline, and termination of all personnel of the Districtdistrict; affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject matters, grade levels, departments, tasks or equipment; and the determination as to whether, when and where there is a job opening;opportunity policies 8. 4.9 The duties and responsibilities, job description and standards of performance for all employees; bargaining unit members, and whether any employee bargaining unit member adequately performs such duties and meets such standards, subject only to the express terms of the evaluation procedures;. 9. 4.10 The dates, times times, and hours of operation of District district facilities, functions, and activities; , work schedules; schedules and the school calendar;. 10. 4.11 Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies supplies, and equipment, including the various rules and duties for all personnel with respect to such matters; 11. The rules, regulations and policies for all employees, students, and the public, subject only to clear and explicit limitations contained in this Agreement. 12. The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. 4.12 All other rights of the District management not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District district even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner. D. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in the contract.contractual

DISTRICT RIGHTS. A. 7.1 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 Section 3540 et seq. and/or designated as rights shared with the Association are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. 7.1.1 The legal, operationaloperations, geographical, geographical and organizational structure of the District, including the chain of command, division, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees;committees; 2. 7.1.2 The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debtdebts, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; funds; all investment policies and practices; practices; all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement;Agreement; 3. 7.1.3 The acquisition, disposition, number, location, types and utilization of all District properties, whether owned, leased, leased or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, work, service services and activity functions assigned to such properties;properties; 4. 7.1.4 All services to be rendered to the public and to District personnel in support of the services rendered to the public; public; the nature, methods, quality, quantity, frequency and standards standard of servicesservice, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; , the subcontracting of services to be rendered and functions to be performedperformed including educational (i.e., including educationalhistorically not performed by unit members unless the District must, to conform with federal and state laws), support, construction, maintenance and repair services.services; 5. 7.1.5 The utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) confidential and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel;personnel; 6. 7.1.6 The educational policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsadmission, attendance, pupil transfers, grade level advancement, guidance, grading, testing, records, pupil health and safety, conduct, pupil conduct and discipline, transportation, food servicesservice, racial and ethnic balance, extra-curricular extra­curricular and co-curricular activities, co­curricular activities and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public situations with respect to such matters, subject only to such rights of the Association as are provided in this Agreement;matters; 7. 7.1.7 The selection, classification, direction, promotion, demotion, discipline discipline, and termination of all personnel of the District; District; affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; minorities; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classroomsclassroom, functions, activities, academic subject mattersmatter, grade levels, departments, tasks tasks, or equipment; equipment; and the determination as to whether, when when, and where there is a job opening;opening; 8. 7.1.8 The job classification and the content and qualifications thereof; 7.1.9 The duties and responsibilities, job description and standards of performance for of all employees; employees; and whether any employee unit members adequately performs perform such duties and meets meet such standards, subject only to the express terms of the evaluation procedures;standards; 9. 7.1.10 The dates, times and hours of operation of District facilities, functions, functions and activities; work schedules; the school calendar; 10. Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for all personnel with respect to such matters; 11. The rules, regulations and policies for all employees, students, and the public, subject only to clear and explicit limitations contained in this Agreement. 12. The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. All other rights of the District not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner. D. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in the contract.activities;

DISTRICT RIGHTS. A. ‌ 11.1 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 3540 et seq. and/or designated as rights shared with the Association are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify modify, or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. 11.1.1 The legallegal operations, operational, geographical, geographical and organizational structure of the District, including the chain of command, division, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 2. 11.1.2 The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement; 3. 11.1.3 The acquisition, disposition, number, location, types and utilization of all District properties, whether owned, leased, leased or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, work, service services and activity functions assigned to such properties; 4. 11.1.4 All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards standard of servicesservice, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performedperformed including education (i.e., including educationalhistorically not performed by unit members unless the District must, to conform with federal and state law), support, construction, maintenance and repair services.; 5. 11.1.5 The utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) confidential, and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel; 6. 11.1.6 The educational policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsadmission, attendance, pupil transfers, grade level advancement, guidance, grading, testing, records, pupil health and safety, conduct, pupil conduct and discipline, transportation, food services, racial and ethnic balance, extra-extracurricular and co- curricular and co-curricular activities, activities and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public situations with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; 7. 11.1.7 The selection, classification, direction, promotion, demotion, discipline and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's utilization of women and minoritiesprograms; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classroomsclassroom, functions, activities, academic subject mattersmatter, grade levels, departments, tasks tasks, or equipment; and the determination as to whether, when and where there is a job opening; 8. 11.1.8 The job classification and the content and qualifications thereof; 11.1.9 The duties and responsibilities, job description and standards of performance for of all employees; and whether any employee unit members adequately performs perform such duties and meets meet such standards, subject only to the express terms of the evaluation procedures; 9. 11.1.10 The dates, times and hours of operation of District facilities, functions, functions and activities; work schedules; the school calendar; 10. 11.1.11 Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for of all personnel with respect to such matters; 11. 11.1.12 The rules, regulations and policies for all employeesunit members, students, students and the public, subject only to clear and explicit limitations contained in this Agreement.; 12. 11.1.13 The retirement of unit members for age or disability; and 11.1.14 The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or unit members, consistent with law, as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all 11.2 All other rights and powers of management not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. All other rights of the District not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. . 11.3 The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner, nor does the Association waive any rights guaranteed by law. D. 11.4 The District retains its rights to temporarily amend, modify or rescind policies and practices referred to in this Agreement in cases of emergency. 11.5 An emergency for the purposes of this Article shall be an act of God, or natural disaster such as, but not limited to earthquakes, floods, severe fires, major attack, plague or a financial situation equivalent to one or all of the examples above. 11.6 In addition, the declaration of an emergency which temporarily amends, modifies or rescinds rights guaranteed under this Agreement shall be subject to judicial review. 11.7 The explicit language of the other Articles of this Agreement shall take precedence over this Article in any dispute between the parties as to the violation, implementation or interpretation of this Agreement. 11.8 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the reserved rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not only subject to the grievance provisions set forth in Article 5. However, this provision does not prevent the contractgrievability of shared rights if found in the other language in the Articles of this Agreement.

DISTRICT RIGHTS. A. ‌ 3.1 The explicit language of the other Articles of this Agreement shall take precedence over this Article in any dispute between the parties as to the violation, implementation, or interpretation of this Agreement. All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 13540 et seq. and/or designated as rights shared with the Union are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. The legal3.2 Legal, operational, geographical, geographical and organizational structure of the District, including the chain of command, division, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 2. The financial 3.3 Financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; , all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement; 3. The acquisition3.4 Acquisition, disposition, number, location, types and utilization of all District properties, whether owned, leased, leased or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, personnel work, service services and activity functions assigned to such properties; 4. All services 3.5 Services to be rendered to the public and to the District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards standard of servicesservice, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services.; 5. The utilization 3.6 Utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) confidential, and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel; 6. The educational 3.7 Educational policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsadmission, attendance, pupil transfers, grade level advancement, guidance, grading, testing, records, pupil health and safety, conduct, pupil conduct and discipline, transportation, food & nutrition services, racial extracurricular and ethnic balance, extra-co- curricular and co-curricular activities, activities and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public situations with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; 7. The selection3.8 Selection, classification, direction, promotion, demotion, discipline and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject mattersmatter, grade levels, departments, tasks tasks, or equipment; and the determination as to whether, when and where there is a job opening; 8. The duties 3.9 Job classification and responsibilities, the content and qualifications; 3.10 Duties within the job description and standards of performance for of all employees; and whether any employee unit members adequately performs perform such duties and meets meet such standards, subject only to the express terms of the evaluation procedures; 9. The dates3.11 Dates, times and hours of operation of operation, District facilities, functions, functions and activities; work schedules; the school calendar; 10. 3.12 Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for of all personnel with respect to such matters; 11. The rules3.13 Rules, regulations and policies for all employees, students, students and the public, subject only to clear and explicit limitations contained in this Agreement.; and 12. The termination 3.14 Termination or layoff of employees as the result of the exercise of any of the rights enumerated above or unit members, consistent with law, as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this AgreementAgreement provided this shall not be a waiver of the Union's rights to bargain the effects of layoffs. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. 3.15 All other rights of the District management not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. . 3.16 The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner, nor does the Union waive any rights guaranteed by law. D. 3.17 The District retains its rights to temporarily amend, modify or rescind policies and practices referred to in this Agreement in cases of emergency. 3.18 An emergency for the purpose of this Article shall be an act of God, or natural disaster such as, but not limited to earthquakes, floods, severe fires, major attack, plague or a financial situation equivalent to one or all of the examples above. 3.19 In addition, the declaration of an emergency, which temporarily amends, modifies, or rescinds rights guaranteed under this Agreement shall be subject to judicial review. 3.20 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the reserved rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in Article 9. However, this provision does not prevent the contractgrievability of shared rights if found in other language in the Articles of this Agreement. 3.21 It is understood and agreed that the District retains authority and responsibilities to direct, manage and control to the full extent of all laws the business of the District except as limited by the express terms of the contract to ensure the rights and educational opportunities of students and to maintain the efficiency of the District's operation.

DISTRICT RIGHTS. A. 7.1 All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify modify, or discontinue, in whole or in part, temporarily or permanently, any of the followingfollowing not outlined by law: 1. 7.1.1 The legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory and internal boundaries of all kinds, and advisory commissions and committees;. 2. 7.1.2 The financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement;. 3. 7.1.3 The acquisition, disposition, number, location, location types and utilization of all District properties, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, work, work service and activity functions assigned to such properties;. 4. 7.1.4 All services to be rendered to the public and to District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency frequency, and standards of servicesservice, and the personnel staffing patterns, work load, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the lawful subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services. 5. 7.1.5 The utilization of personnel not covered by this Agreement, including but not limited to substitutes, casual, temporary Agreement and provisional personnel, consultants, instructional aides (non-merit service) and supervisory or managerial personneldefined in Education Code Section 88003, to do work which is normally done by employees unit members covered hereby, and the methods of selections selection and assignments assignment of such personnel;. 6. 7.1.6 The educational policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissions, attendance, transfers, grade level advancement, guidance, grading, testing, records, health and safety, conduct, discipline, transportation, food services, racial and ethnic balance, extra-curricular extracurricular and co-co- curricular activities, and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public with respect to such matters, subject only to such consultation rights of the Association as are provided in this Agreement;by law. 7. 7.1.7 The selection, classification, direction, promotion, demotion, discipline and termination of all personnel of the DistrictDistrict not limited by law or the clear and explicit limitation contained in this agreement; affirmative action and equal employment policies and programs to improve the District's utilization of women and minoritiesprograms; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject matters, grade levels, departments, tasks or equipmentequipment not limited by law or this agreement; and the determination as to whether, when and where there is a job opening;. 8. 7.1.8 The creation of, and/or to cover new functions in, job classifications. 7.1.9 The duties and responsibilities, job description and standards of performance for all employeesunit members; and whether any employee unit member adequately performs such duties and meets such standards, subject only to the express terms of the evaluation procedures;. 9. 7.1.9.1 The dates, times times, and hours of operation of District facilities, functions, and activities; , work schedules; the school schedules and academic calendar;. 10. 7.1.9.2 Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies supplies, and equipment, including the various rules and duties for all personnel with respect to such matters;. 11. 7.1.9.3 The rules, regulations and policies for all employeesunit members, students, and the public, subject only to law and/or clear and explicit limitations contained in this Agreement. 12. 7.1.9.4 The retirement of unit members for age or disability. 7.1.9.5 The termination or layoff of employees unit members as the result of the exercise of any of the rights enumerated above or as a result of the exercise of any of the rights of the District not limited by law and/or the clear and explicit language of this Agreement. B. 7.2 In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by law and/or the clear and explicit language of this Agreement, including including, but not limited to to, the exclusive right and power to determine, implement, supplement, change, modify modify, or discontinue, in whole or in part, temporarily or permanently, any of the following: 17.2.1. The rates of pay for any classifications implemented during the term of this Agreement. 7.2.2. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plansunit members. C. All other rights of the District not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner. D. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in the contract.

DISTRICT RIGHTS. A. 3.1 The explicit language of the other Articles of this Agreement shall take precedence over this Article in any dispute between the parties as to the violation, implementation, or interpretation of this Agreement. All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 13540 et seq. and/or designated as rights shared with the Union are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. The legal3.2 Legal, operational, geographical, geographical and organizational structure of the District, including the chain of command, division, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 2. The financial 3.3 Financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; , all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement; 3. The acquisition3.4 Acquisition, disposition, number, location, types and utilization of all District properties, whether owned, leased, leased or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, personnel work, service services and activity functions assigned to such properties; 4. All services 3.5 Services to be rendered to the public and to the District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards standard of servicesservice, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services.; 5. The utilization 3.6 Utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) confidential, and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel; 6. The educational 3.7 Educational policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsadmission, attendance, pupil transfers, grade level advancement, guidance, grading, testing, records, pupil health and safety, conduct, pupil conduct and discipline, transportation, food & nutrition services, racial extracurricular and ethnic balance, extra-co- curricular and co-curricular activities, activities and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public situations with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; 7. The selection3.8 Selection, classification, direction, promotion, demotion, discipline and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject mattersmatter, grade levels, departments, tasks tasks, or equipment; and the determination as to whether, when and where there is a job opening; 8. The duties 3.9 Job classification and responsibilities, the content and qualifications; 3.10 Duties within the job description and standards of performance for of all employees; and whether any employee unit members adequately performs perform such duties and meets meet such standards, subject only to the express terms of the evaluation procedures; 9. The dates3.11 Dates, times and hours of operation of operation, District facilities, functions, functions and activities; work schedules; the school calendar; 10. 3.12 Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for of all personnel with respect to such matters; 11. The rules3.13 Rules, regulations and policies for all employees, students, students and the public, subject only to clear and explicit limitations contained in this Agreement.; and 12. The termination 3.14 Termination or layoff of employees as the result of the exercise of any of the rights enumerated above or unit members, consistent with law, as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this AgreementAgreement provided this shall not be a waiver of the Union's rights to bargain the effects of layoffs. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. 3.15 All other rights of the District management not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. . 3.16 The exercise of any right reserved to the District herein in a particular manner or the non-non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner, nor does the Union waive any rights guaranteed by law. D. 3.17 The District retains its rights to temporarily amend, modify or rescind policies and practices referred to in this Agreement in cases of emergency. 3.18 An emergency for the purpose of this Article shall be an act of God, or natural disaster such as, but not limited to earthquakes, floods, severe fires, major attack, plague or a financial situation equivalent to one or all of the examples above. 3.19 In addition, the declaration of an emergency, which temporarily amends, modifies, or rescinds rights guaranteed under this Agreement shall be subject to judicial review. 3.20 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the reserved rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in Article 9. However, this provision does not prevent the contractgrievability of shared rights if found in other language in the Articles of this Agreement. 3.21 It is understood and agreed that the District retains authority and responsibilities to direct, manage and control to the full extent of all laws the business of the District except as limited by the express terms of the contract to ensure the rights and educational opportunities of students and to maintain the efficiency of the District's operation.

DISTRICT RIGHTS. A. All ‌ 1. This Article is intended to insure that the District retains all rights and powers which it has not agreed to limit in other Articles of this Agreement; this Article is not intended, nor shall it be construed as: (1) expanding the rights of the District beyond statutory and constitutional limits; (2) waiving the rights of the Association or unit members under the Education Code or other statutes or constitutions; or (3) waiving or otherwise diminishing the rights of the Association or of unit members as set forth in this Agreement. 2. Subject to the foregoing qualifications, it is agreed that all matters which are not specifically enumerated as within the scope of negotiations negotiation in Government Governmental Code 3543.2 Section 3543.2, and also all powers and rights which are reserved to not limited by the terms of this Agreement, are retained by the District. It is agreed that such reserved Such retained rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the followingto: (1. The ) Determine the legal, operational, geographical, and organizational structure of the District, including the chain of command, division of authority, organizational division and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; (2. The financial structure of the District, including ) Determine all sources and amounts of financial support, income, funding, taxes and debt, support for the District and all means and or conditions necessary or incidental to securing the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; ; (3) Determine all investment policies and practices; all budgetary budget matters and procedures, procedures including the budget calendar, the budget information process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expenditures expressly allocated to fund the wage and benefit obligations required by other Articles of this Agreement; 3. The acquisition, disposition, (4) Determine the number, location, types type and utilization location of all District owned or controlled properties, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas facilities and other improvements, including the acquisition, disposal and utilization of same and the personnel, work, service service, and activity functions assigned to each of such properties; 4. All (5) Determine the duties and types of services to be rendered to the public and to District personnel in support of the services rendered to the publicrendered; the nature, job content and qualifications of employees; the methods, qualityfrequency, quantity, frequency and standards of services, ; performance standards; and the personnel staffing patterns, work load, facilities, vendorspersonnel, supplies, materials, vehicles, materials and equipment and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services. 5. The utilization of personnel not covered by this Agreement, including but not limited to substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections and assignments of such personnelused; (6. The ) Determine, subject to consultation rights of the Association under Government Code 3543.2, the educational policies, procedures, objectives, goals, and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissions, attendance, transfers, grade level advancementpupil placement, guidance, grading, testing, records, health pupil conduct and safety, conduct, discipline, transportation, food services, racial and ethnic balance, extra-curricular extracurricular and co-curricular activities, and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; (7. The selection) Select, directionclassify, promotiondirect, demotionutilize, discipline promote, demote, lay off, terminate (subject to Education Code provisions) and termination of all retire any personnel of the District; ; (8) Assign employees to any location, and also to any facilities, classrooms, activities, academic subject matter, specialties, departments and grade levels; (9) Determine staffing patterns including but not limited to the number of employees; (10) Determine the job classifications and the content and qualifications thereof; (11) Determine the affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject matters, grade levels, departments, tasks or equipment; and the determination as to whether, when and where there is a job opening; 8. The duties and responsibilities, job description and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards, subject only to (12) Determine the express terms of the evaluation procedures; 9. The dates, times and hours of operation of any District facilitiesfacility function, functionsservice or activity; (13) Determine the rules, regulations and policies for all employees, students, and activities; work schedules; the school calendarpublic; 10. Safety (14) Determine safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for all personnel with respect to such matters; 11. The rules(15) Determine, regulations and policies for all employeesto the extent permitted by the Education Code, studentsthe utilization of persons not covered by this Agreement to do work which is normally done by persons covered hereby, and the public, subject only to clear methods of selection and explicit limitations contained in this Agreementassignment of such personnel. 123. The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or as a result of the exercise of any of the mentioned rights of the District not limited are listed by the clear and explicit language way of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plansexample rather than limitation, and the manner and method of funding such plans. C. All other rights of the District not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's ’s rights. The exercise of any right reserved to the District herein in this Article in a particular manner manner, or the non-exercise of any such right right, shall not be deemed a waiver of the District's ’s right or preclude the District from exercising the right in a different manner. D. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in the contract.

DISTRICT RIGHTS. A. 3.1 The explicit language of the other Articles of this Agreement shall take precedence over this Article in any dispute between the parties as to the violation, implementation, or interpretation of this Agreement. All matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 13540 et seq. and/or designated as rights shared with the Union are reserved to the District. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. The legal3.1.1 Legal, operational, geographical, geographical and organizational structure of the District, including the chain of command, division, division of authority, organizational division divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees; 2. The financial 3.1.2 Financial structure of the District, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; , all budgetary matters and procedures, including the budget calendar, the budget information formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, reserves and expenditures apart from those expressly allocated to fund the wage and benefit obligations of this Agreement; 3. The acquisition3.1.3 Acquisition, disposition, number, location, types and utilization of all District properties, whether owned, leased, leased or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the personnel, personnel work, service services and activity functions assigned to such properties; 4. All services 3.1.4 Services to be rendered to the public and to the District personnel in support of the services rendered to the public; the nature, methods, quality, quantity, frequency and standards standard of servicesservice, and the personnel staffing patterns, work loadpersonnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services.; 5. The utilization 3.1.5 Utilization of personnel not covered by this Agreement, including including, but not limited to to, substitutes, casual, temporary and provisional personnel, consultants, instructional aides (non-merit service) confidential, and supervisory or managerial personnel, to do work which is normally done by employees covered hereby, and the methods of selections selection and assignments assignment of such personnel; 6. The educational 3.1.6 Educational policies, procedures, objectives, goals, goals and programs, including those relating to curriculum, course content, textbook selection, educational equipment and supplies, admissionsadmission, attendance, pupil transfers, grade level advancement, guidance, grading, testing, records, pupil health and safety, conduct, pupil conduct and discipline, transportation, food & nutrition services, racial extracurricular and ethnic balance, extra-co- curricular and co-curricular activities, activities and emergency situations, and the substantive and procedural rights and obligations of students, parents, teachers, other personnel and the public situations with respect to such matters, subject only to such rights of the Association as are provided in this Agreement; 7. The selection3.1.7 Selection, classification, direction, promotion, demotion, discipline and termination of all personnel of the District; affirmative action and equal employment policies and programs to improve the District's utilization of women and minorities; the assignment of employees unit members to any location (subject only to the express terms of this Agreement regarding transfers), and also to any facilities, classrooms, functions, activities, academic subject mattersmatter, grade levels, departments, tasks tasks, or equipment; and the determination as to whether, when and where there is a job opening; 8. The duties 3.1.8 Job classification and responsibilities, the content and qualifications; 3.1.9 Duties within the job description and standards of performance for of all employees; and whether any employee unit members adequately performs perform such duties and meets meet such standards, subject only to the express terms of the evaluation procedures; 9. The dates3.1.10 Dates, times and hours of operation of operation, District facilities, functions, functions and activities; work schedules; the school calendar; 10. Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, including the various rules and duties for all personnel with respect to such matters; 11. The rules, regulations and policies for all employees, students, and the public, subject only to clear and explicit limitations contained in this Agreement. 12. The termination or layoff of employees as the result of the exercise of any of the rights enumerated above or as a result of the exercise of any of the rights of the District not limited by the clear and explicit language of this Agreement. B. In addition to its statutory reserved rights, the District also retains within its sole discretion all rights and powers not expressly limited by the clear and explicit language of this Agreement, including but not limited to the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following: 1. Security and safety measures and rules for employees subject to the provisions of Article X; 2. The transfer of employees Districtwide; and 3. The administration of all employee health and benefit plans, including the selection of all carriers of health and benefit plans, and the manner and method of funding such plans. C. All other rights of the District not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner. D. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the rights of the District set forth hereinabove, or any other rights of the District not expressly limited by the clear and explicit language of this Agreement, or arising out of or in any way connected with the effects of the exercise of any such rights, is not subject to the grievance provisions set forth in the contract.