Rights and Protections. 31.1.6.1 Nothing herein shall preclude the Board of Education from examining information which it is entitled by law to review in connection with the evaluation of and/or decision to retain in employment certificated employees. 31.1.6.2 The Governing Board shall retain all Education Code rights. Nothing herein shall modify or in any manner affect the rights of the Governing Board/District under provisions of the Education Code relating to the employment, classification, retention or non-retention of certificated employees. 31.1.6.3 Nothing herein shall modify or affect the District’s right to issue notices (of unsatisfactory performance and/or professional conduct) pursuant to Education Code section 44938. 31.1.6.4 Functions performed pursuant to this article by bargaining unit members shall not constitute either management or supervisory functions as defined in the EERA (i.e., Government Code section 3540.1, subdivisions (g) and (m). These responsibilities will remain with the administration. 31.1.6.5 The District shall hold harmless the members of the Review Panel and the Consulting Teachers from any liability arising out of their participation in this program as provided in Education Code section 44503, subdivision (c). 31.1.6.6 All proceedings and materials related to the administration of this article shall be strictly confidential. Therefore, Review Panel members and Consulting Teachers may disclose such information only as necessary to administer this article and comply with law. 31.1.6.7 A referred participating teacher shall have the right to be represented by the Association in any meeting of the Review Panel to which they are called and shall be given reasonable opportunity to present his/her point of view concerning any report being made. 31.1.6.8 A teacher shall not have access to the grievance process to challenge the contents of reports, Review Panel evaluations or decisions, but may file official responses, as provided herein, which shall become part of the official record of the intervention provided under this program.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
