SEA p. 2 & 3 - Status of Agreement

2010-2011 Collective Bargaining Agreement  Page 2

II. STATUS OF AGREEMENT

A. This Agreement will modify or replace any policies, rules, regulations, procedures or practices of

the District that are contrary or inconsistent with its terms.  It is recognized that school reform and

other developments may generate proposals for changes in school structures or procedures that

conflict with the Agreement.  In such case, the District representative and the Association

representative responsible for contract management will meet informally in an attempt to resolve

the conflict.  Solution options may include, but are not limited to, temporary suspensions of

contract language, contract modifications and pilot projects for exploring new programs or

procedures.  When necessary, the issue may be referred to the bargaining teams.  The parties will

encourage employees, administrators and community members to provide information and ideas

relative to the issue as they seek resolution.

B. If any provision of this Agreement is held to be invalid by operation of law or by a tribunal of

competent jurisdiction, or if compliance with or enforcement of any provision should be restrained

by any such tribunal, the remainder of the Agreement will not be affected thereby, and upon the

request of either the Board or the Association the parties will enter into negotiations for the

purpose of attempting to arrive at a mutually satisfactory replacement for such provision.

C. Any individual contract between the Board and an individual teacher heretofore or hereafter

executed will be subject to and consistent with the terms and conditions of this Agreement.  If an

individual contract contains any language inconsistent with this Agreement, this Agreement will be

controlling.

 D. There will be two signed copies of the final Agreement for the purpose of records.  One will be

retained by the District and one by the Association. The Board agrees to strive to duplicate

sufficient copies of this Agreement for all employed teachers and agrees to deliver those copies to

the Association for distribution to teachers within 45 days of ratification of this Agreement by both

parties,.

 E. Funding.  If District revenues from the State of Oregon School Support Fund fail to increase for

any school year by an amount at least equal to the average annual change in Consumer Price Index

for Urban Wage Earners (CPI-U), All U.S. Cities Average, for the twelve (12) month period

ending the immediately-previous December 31, either party may reopen economic portions of the

contract by providing written notice to the other.  The parties will confer regarding changes in the

benefits provisions of this Agreement, but if they fail to produce agreement after a reasonable

period of conferring, this Agreement shall continue in full force and effect.

F. No Child Left Behind.  The District and the Association acknowledge that the reauthorized Federal

Elementary and Secondary Education Act (ESEA) referred to as No Child Left Behind (NCLB)

legislation that took effect as of January 2002, will have an important and increasing impact on the

District, its students and the members of the Association.

The District and the Association agree that no decision and/or action related to NCLB or its

implementation will violate any provisions of the contract.  It is also not the District’s or the

Association’s intent to change past practices.  However, if NCLB required the District to change

any past practices, the District will have to comply with the law.  

Any dispute regarding the NCLB, its implementation and/or its impact on members and their

working conditions will be processed as follows:

1. The Association will be provided timely written notice of any proposed change(s) in a

mandatory subject or any permissive topic that has an impact on mandatory terms and

conditions of employment impacting Association members.

2010-2011 Collective Bargaining Agreement  Page 3

2. Where the proposed change(s) conflicts with the terms of this Agreement, the parties will

attempt to resolve the disagreement through a Memorandum of Agreement until the next round

of negotiations or through the grievance procedure.

3. Where the contract is silent on the proposed change(s) and where the NCLB compliance

issue(s) cannot be addressed through methods that do not adversely impact Association

members in terms of mandatory issues, the parties agree to enter into negotiations over the

proposed changes.