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Article XXIII: Teacher Protection and Safety

Section 1 – General

Reassignment is the change of unit member's instructional assignment or track at a year-round school without a change in work site.

Section 2 – Safety Equipment

The District shall provide safety equipment reasonably necessary to permit unit members to perform assigned duties safely. This will include an adequate number of first-aid kits and safety equipment. The location of the safety equipment shall be communicated to teachers during an initial staff meeting.

Section 3 – Student Behavior

A. Pursuant to Education Code §48910, a teacher may suspend a student from his/her class for the day of the suspension and the day following for reasons set forth in Education Code §48900. He/She shall, send the student with the suspension form to the principal for appropriate action. Prior to the end of the suspension period, the unit member shall provide documentation reflecting that he/she has followed due process and implemented progressive discipline when appropriate. Pursuant to Education Code §48910, the pupil shall not be returned to the class from which he/she was suspended, during the term of the suspension, without the concurrence of the suspending unit member and the site administrator. The pupil shall not be sent to another classroom during the term of the suspension.

B. A unit member may exercise, during performance of his/her duties, the same degree of physical control over a pupil that a parent would be legally privileged to exercise; but in no event shall it exceed the amount of physical control reasonably necessary to maintain order, protect property, or protect the health and safety of pupils, or to maintain proper and appropriate conditions conducive to learning. A unit member is not required to place himself/herself in imminent danger of serious bodily injury in order to protect another employee or student from an assault.

C. Whenever any unit member is attacked, assaulted, or physically threatened by any pupil, it shall be the duty of the unit member to promptly report the incident to his/her supervisor or law enforcement. The District and the unit member will cooperate with law enforcement at all stages of the criminal or juvenile justice system through and including prosecution.

D. Pursuant to Education Code §49079,

  1. The District will establish a system for site administrators to inform the teacher of every student who has caused, or who has attempted to cause, serious bodily injury or injury to another person. The District shall provide the information to the teacher based upon any written records that the District maintains or receives in its ordinary course of business or receives from a law enforcement agency regarding such students.
  2. The information provided shall be from the previous three (3) school years.
  3. Information received by a teacher pursuant to this section shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher.
  4. Should any section of Education Code §49079 be modified or removed by statute, this section shall be amended to comply with the statute.

E. When students are referred to another school for adjustment purposes by the District, the cause for that transfer shall be communicated in writing to the principal or designee at the recipient school prior to the time the student is placed in the classroom if the cause is related to physical aggression, weapon possession or use, or threatening behavior towards staff. The teacher shall be notified pursuant to D(1) above.

Section 4 – Unsafe Conditions

It is the responsibility of all unit members to be alert in observing unsafe conditions, and to report unsafe conditions to their supervisor and/or District safety officer. The supervisor and/or District safety officer shall promptly investigate reported unsafe conditions and order appropriate corrective action, if needed.

Section 5 – Safety Training

Unit members with an involuntary track change reassignment after the first day of the school year for that track, shall be allowed two (2) days of release time to prepare for the assignment. This Section 5 shall not apply at the secondary level for reassignments for the second semester announced three (3) weeks prior to the start of the second semester.

A. The District shall provide safety training reasonably necessary to permit unit members to perform assigned duties safely.

B. Upon request, the District will provide training on how to subdue assaultive pupils, legal use of force, and use of conflict intervention skills.

C. Unit member required to perform specialized health care procedures will first receive training on how to safely perform the procedures. The District will also make available CPR and first aid training.

Section 6 – Disaster Service Worker

Pursuant to Government Code §3100, all public employees are declared to be disaster service workers and subject to such disaster service activities as may be assigned to them by their superiors or by law. When assigned disaster service activities by the District, they are working within their scope of employment.