Dear PUSD,
Historically, our district has not required regular updates on contract negotiations, as we've typically reached agreements well in advance of implementation dates. In past years, our practice has been to complete negotiations for the upcoming school year before the end of the prior academic year, allowing for seamless transitions and financial planning.
The current situation represents a departure from our normal experience. With the unexpected non-ratification of two tentative agreements, as we continue to negotiate, we find that there is a lack of information and understanding regarding the status of negotiations and one specific contract article in particular.
Why We Are Still in Negotiations
- Existing Multi-Year Contract: Our current collective bargaining agreement, with reopeners, remains in effect through June 30, 2026.
- Tentative Agreements Not Ratified: We reached two tentative agreements for the 2024–2025 reopeners; however, neither was ratified by the union. By law, both parties are required to return to the table when ratification fails.
- District Ready Since September 2024: We have been prepared to resume negotiations since September 2024 and have repeatedly offered to meet.
- Delayed Bargaining Sessions: Despite these offers, negotiation sessions did not begin until March 2025.
The District remains committed to achieving a fair settlement that:
- Supports students and teachers through quality educational programs
- Maintains fiscal responsibility
- Provides competitive compensation
- Ensures long-term stability
Understanding Article 34: Context and Clarification
Article 34 ("Due Process for Discipline Less Than Dismissal") has become a focal point in discussions, and we want to provide history, context, use, and accurate information to address questions:
History
Article 34 has been part of the contract for over a decade. It was originally bargained by teachers on the negotiating team, who were also parents of district students. These teacher-parents, along with others in the bargaining unit, were concerned that there were insufficient protocols to address inappropriate teacher behavior that was negatively affecting their own children. Article 34 was negotiated to establish a clear process both to protect students and to maintain the professional reputation of the many excellent teachers in the district.
What Article 34 Actually Establishes
- Legal Foundation: Under California law, districts and unions may bargain procedures for discipline less than dismissal.
- Progressive Approach: The article outlines steps that typically begin with verbal counseling and progress only if issues persist.
- Robust Due Process: Teachers retain the right to just cause, notice of allegations, representation by the union, and a comprehensive appeal process.
- Improvement Focus: In most cases, employees have multiple opportunities to correct issues before facing serious consequences.
Article 34 in Practice
- Rare Implementation: Fewer than 1% (9 out of approximately 1,100) certificated staff have been suspended without pay under Article 34 in the past six years.
- Improvement, not removal: The district's goal is improvement, not removal. Article 34 establishes a clear, negotiated framework for addressing significant concerns while protecting due process rights.
- Safeguards: Multiple levels of review are in place before any disciplinary action proceeds beyond initial steps.
For a comprehensive explanation of Article 34, including frequently asked questions, legal references, and examples of implementation, please visit our detailed resource page:
Article 34 FAQ
Thank you for your dedication to our students and community during this process. We greatly value our teachers and staff and remain committed to reaching an agreement that honors your contributions while sustaining our district's educational mission.