Cleveland Teachers Union - Local 279

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The CTU has won an arbitration and has received settlement agreements from the District regarding two other grievances that were about to go to arbitration, all regarding one facet or another in special education. I believe that we will receive a number of questions and inquiries regarding these and here are some talking points.

 

In May the Cleveland Teachers Union took a grievance filed by one of our Building Chairs to arbitration that sought for the District to honor the Collective Bargaining Agreement as related to the terms of Article 10, Section 3[H]. In short, this article calls for an inclusion class to be staffed by one regular education and one special education teacher. On August 4, the arbitrator ruled as follows:

 

            “All inclusion classrooms are to be staffed in accordance with the terms

             of the CBA, that is, with a teaching team consisting of one full-time

             special education and one full time regular education teacher.”

 

As clear cut as this ruling appears to be, what exactly inclusion is from one building to another and how will this ruling be implemented is not yet clear. 

 

To aid in the implementation of this ruling a letter and a form is being sent to the Building Chair and the Special Education Liaison at each school. Let’s face it this is a difficult ruling to implement. So many schools seem to be doing different variations of inclusion, but not full-time. This could result in anywhere from 1-6 new special education teachers being needed at every school. That is a lot of special education teachers and we know there are not hundreds of special education teachers sitting out there without a job.

 

Once the forms are submitted to the CTU, we will work with the District towards implementation.

 

This is a stipulated arbitration award which states:

“CMSD will compensate all special education teachers who provide documentation that they had a greater number of special education students on their case load (enrollment limits) over the limit set forth in Article 10, Section 3(A) and those special education students are not included in any reported class overage, as follows:

$5.00 per student, per day, for special education students over the caseload (enrollment) limits set forth in Article 10, Section 3 (A).”

 

§ If a teacher was already compensated because the numbers caused a class size overage, the member will not be compensated again. However, if the teacher is entitled to additional compensation, additional payments will be made.

§ It seems reasonable that the only teachers that would not have been compensated for going over their caseload limits are those that do inclusion or pullout. Most other special educators that are over their caseload are also over class size limits and have already been compensated.

§ Number of IEPs written is the documentation that is needed.

§ Maximum caseloads and maximum instructional limits are on page 47 of the CBA.

 

This is a stipulated arbitration award which states:

(FOR CORE SUBJECT TEACHERS AND HIGH SCHOOL ESP TEACHERS)

“CMSD will compensate all regular education teachers (excluding all K-8 ESP teachers) who provide documentation that they had a greater number of special education students over the limit set forth in Article 10 Section 3 (C) as follows:

K-8: $1 per student, per class period, per day for over three special education students;

High School: $1 per student, per class period, per day for over four special education students.”

(FOR K-8 ESP TEACHERS – WHEN THE CLASS IS SPLIT REGULAR & SPECIAL EDUCATION) 

“For all K-8 ESP teachers, special education classes and regular education classes shall be treated as separate entities. CMSD shall compensate any K-8 ESP teachers who provide documentation that they received a greater number than six (6) special education students from the split special education class, or students received from the split regular education class in accordance with Article 10, Section 3 (F) as follows:

K-3: $1 per student, per class period, per day, for over six (6) special education students received from the split special education class, plus $1 per student, per class period, per day, for over ten (10) students received from the split regular education class;

 

4-5: $1 per student, per class period, per day, for over six (6) special education students received from the split special education class, plus $1 per student, per class period, per day, for over ten (13) students received from the split regular education class;

 

6-8: $1 per student, per class period, per day, for over six (6) special education students received from the split special education class, plus $1 per student, per class period, per day, for over ten (15) students received from the split regular education class;”

(FOR K-8 ESP TEACHERS – WHEN THE CLASS IS NOT SPLIT REGULAR & SPECIAL EDUCATION)

“CMSD shall compensate any K-8 ESP teachers who provide documentation that they received a greater number than three (3) special education students from any regular education class or classes, in accordance with Article 10, Section 3 (F), as follows:

$1 per student, per class period, per day, for over three (3) special education students received from regular education class(es).”

 

§ If a teacher was already compensated because the numbers caused a class size overage, the member will not be compensated again. However, if the teacher is entitled to additional compensation, additional payments will be made.

§ SBRC is preferred documentation (that is why everyone is encouraged to print it each interim and grading period). If not available we need the best documentation possible attendance sheets from office, grade books, etc. can be used to document overage. 

§ Any teacher that anticipates problems should first talk with their principal and building chair. There may not actually be a problem.