2/8 - ACTION REQUIRED: SDEA Contract Waiver Guidance


From:Jessica Falk Michelli, Executive Director

CC: Area Superintendents

Date: February 3, 2017

Re:SDEA Contract Waiver Guidance (Please review the complete memo here)

Labor Relations has outlined guidance on the process and timelines associated with obtaining a contract waiver for the provisions of the SDEA contract. The Waiver Request Form is include in the memo above. Please note: The deadline for SDEA to approve all contract waiver requests is April 15, 2017. Any waivers submitted on or after that date will not be reviewed or approved by SDEA.

Article 24.3 allows a waiver for any portion of the contract which the staff at the site believes is needed to further education reform activities. Examples may include:

1.Altering schedules and learning activities to accommodate different levels of student learning, such as adopting a secondary school schedule that differs from the provisions of article 8.7, ie: adoption or retention of a 7-period day. 

2.Building academic courses that may need to deviate from the 36-hard cap, such as lecture style courses or ASB courses. 

3.Deviation from the contractual 6-hour and 35- minute work day for classroom teachers. 

The first step to receiving a waiver is discussing the need with your Area Superintendent. If he/she agrees, you would need to seek a 2/3 vote in favor of the waiver from the SDEA bargaining unit members at your site and governance team support for the waiver. Signatures are required from your Association Representative and your Site Governance Team Chairperson. Once those have been secured, send the completed form to your Area Superintendent for signature. Area Superintendents provide the completed form to Labor Relations who will coordinate with SDEA. SDEA’s executive board votes on all waiver requests received before the April 15, 2017 deadline. As a result, all processes and the submittal of the contract waiver form must be completed prior to this deadline.  Labor Relations will contact each site once SDEA has voted to accept or reject the waiver.

Please feel free to contact Labor Relations if you are considering a waiver request. We can assist you in navigating the waiver approval process at your site.