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This an article of the 2000-2003 contract with teachers that are represented by the Alameda Education Association. Here the complete table of contents of the contract.

ARTICLE 13

TEACHER SAFETY

13.01 Teaching Related Duties

The provisions of this Article shall apply to the performance of duties whether or not performed during the work day.

13.02 Unsafe or Hazardous Conditions/Standards of Cleanliness

13.02.01 Recognizing that safety of students is the joint concern of teachers and the District, every effort shall be made by both parties to prevent unsafe or hazardous conditions.

a. Employees shall not be required to work under unsafe or hazardous conditions or to perform tasks which endanger their health, safety, or well being.

b. Every teaching station shall be provided a method of communication to the site office or 911.

c. Neither the employer nor employee shall knowingly violate the provisions of the California Fire Code, Title 19, of the California Administrative Code.

d. Teachers shall cooperate with administrators and other staff in maintaining cleanliness on school sites and shall report deficiencies to the principal.

e. Teacher shall be provided access to the existing public report regarding asbestos in district buildings. The report shall be available in the school office, and notice of the report's availability shall be posted prominently.

13.03 Assault on Employees

13.03.01 Employees shall immediately report cases of assault and/or battery suffered by them in connection with their employment to the principal who shall immediately take appropriate action. Such notification shall be immediately forwarded to the Superintendent and the appropriate law authorities by the immediate supervisor of the employee. A teacher who has been verbally threatened with physical harm or has been physically abused by a student or a student's parent or guardian shall be granted, upon teacher written request describing the incident, a conference with the principal or designee, the student and the parent or guardian. At the conference, the student's placement will be discussed.

13.03.02 Physical control. In the exercise of his/her professional responsibilities, the teacher has the authority to use reasonable physical restraint for the purpose of protecting his/her person or person of students in his/her charge.

13.04 Storage Space

The District shall provide the following storage space:

a. A separate lockable drawer space with key at every teaching station for every teacher.

b. Lockable closet space with key to store coats and other personal articles at every school site.

c. Storage space at each school site for personal instructional materials.

13.05 Reimbursement

13.05 The District shall reimburse employees for any loss, damage, or destruction of personal property 1) used as a part of an approved school program or 2) suffered while performing services for the District on District property or as assigned. Reimbursement shall not exceed $500 per occurrence regardless of the value of the property and shall be available only if the employee had taken appropriate measures to protect the property. Reimbursement shall not be available for cash. Where there is a question, the burden shall be on the employee to show that the damage was the result of a school related incident. The following other provisions shall apply.

13.05.01 Personal Property Used as Part of an Approved School Program.

Any item of personal property valued at $50 or more to be used in connection with the employee's duties is eligible for reimbursement only if registered in advance of use. The property must be registered each school year at the building site where it is located. The value of the property must be agreed upon by the employee and the principal/supervisor on the registration form. These forms will be available at each site where an employee is assigned. A copy of the registration form is attached to the agreement as Appendix H-1. A claim for reimbursement of this property must be accompanied by a copy of the registration form and an incident report.

13.05.02 Motor Vehicle of Employee

Damage to an employee's motor vehicle shall be reimbursable only if job related. To be reimbursed the employee must have witnesses or conclusive evidence that the damage was job-related. A claim for reimbursement of this property must be accompanied by a police report and an incident report.

13.05.03 Other Losses or Damage

The District may establish reasonable rules and regulations for the verification of losses or damage. An incident report must accompany any claim for reimbursement.

13.05.04 Claim Process

Completed reimbursement claims must be submitted within five workdays of the employee's knowledge of the incident. The reimbursement claim form shall be available at each site, must be signed by the site manager, and submitted to the District Office. If the District Office denies the claim, the employee may appeal to the District panel. The panel shall be formed by the administrator in charge of reimbursement and a representative from each employee group (ACSA, CSEA, AEA and Local 1). This process shall not be subject to the grievance procedure. This shall be an experimental panel subject to review during each of the years of this contract's term.

13.05.05 These procedures shall be posted at each site and site administrators shall inform employees of this process by memorandum or at a public meeting.

13.06 Liability Insurance

13.06.01 Any time an employee of the District is performing his/her official duties, he/she is covered by the District's comprehensive liability insurance policy.

13.06.02 The District shall provide inservice training, upon request, to each unit member who is or may be required to provide specialized health care.

13.06.03 Unit members shall not be required to perform specialized health care services upon request without the express authorization of the parent and the agreement of the District, except in an emergency.

13.07 Student Transportation

13.07.01 No unit member shall be required to use his/her own car to transport students.

13.08 Staff Facilities

Each site shall be provided with the following for staff use:

a. a lunchroom/faculty lounge, adequately furnished;

b. adequate lavatory facilities for staff use only;

c. telephone facilities which provide privacy.

d. a step ladder will be available.

13.09 Classrooms

Each school site will endeavor to have classrooms usable for teachers five (5) working days before teachers are required to report back to work.

13.10 TB Testing

Examinations for tuberculosis shall not be required more than once every four (4) years; if such examinations are not provided by the Board, they shall be paid for by the Board.

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Last modified: January 12, 2004

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