An Open Letter to FUSD Classified Employees From the Piru Charter School Lead Petitioners

From the start of this process of educational reform, it is has been the goal of Piru Charter School to value and protect the work of our school’s classified employees. During the Piru Reconfiguration Committee sessions held in the Winter and Spring of 2009, the entire staff, with input from classified staff, came up with a list of what we called ‘non-negotiables’, principles that any charter plan must include to be acceptable to the staff. Every single teacher on the staff agreed to these principles. Classified employees were informed of the meetings, given agendas and invited to participate, and those that did also agreed to these principles. The key principles the staff decided upon were:

Salary schedule equivalent or better than FUSD’s
Benefit package equivalent or better than FUSD’s
Pension- remain in STRS and PERS
Due process rights for employees (including classified employees)
Union affiliation with local association (for ALL EMPLOYEES)
Staff participation in governance and decision-making (including classified employees)
Staff selects Curriculum (including classified employees)
Retain current staff (including classified employees)

It is the intent of our charter petition, to the extent it will be within our power, to honor all of these principles. Anyone who has read our petition will discover that it does protect employee rights, including the rights of classified employees.

Richard Durborow
Susan Jolley
Chris Pavik
Lead Petitioners,
Piru Charter School

How does the Piru Charter School Charter Petition address these principles?
Principle: Salary schedule equivalent or better than FUSD’s
Principle: Benefit package equivalent or better than FUSD’s
From the PCS Charter Petition, p. 64:
The terms of the current collective bargaining agreements between the Fillmore Unified School District and its employee organizations shall be in full force and effect as the terms and conditions of employment of the employees of the Piru Charter School at the time it commences operations. Any modification of these agreements shall occur under the auspices of the Educational Employment Relations Act, California Government Code Sections 3540, et seq.
From the PCS Charter Petition, p. 62:
In order to hold and secure experienced staff committed to innovation, PCS recognizes the importance of an attractive compensation package, which includes salaries and health benefits. PCS anticipates having a compensation package that is competitive with what the Fillmore Unified School District offers.
Principle: Pension- remain in STRS and PERS
From the PCS Charter Petition, p. 62:
Employees at PCS shall participate in STRS, PERS, and the federal social security system as applicable to the position. PCS shall inform all applicants for positions within the School of the retirement system options for employees of the School.
Principle: Due process rights for employees
From the PCS Charter Petition, p. 64:
All sections of the California Education Code pertaining to employee rights shall apply to the employees of the Piru Charter School.
Principle: Union affiliation with local association (the classified employees have the option to join together with certificated in a single wall-to-wall employee association, but it is the absolute right of classified employees to choose themselves whom shall be their exclusive representative):
From the PCS Charter Petition, p. 64:
The employer voluntarily recognizes the Fillmore Unified Teachers Association (FUTA) as the exclusive representative of the Piru Charter School employees.
Principle: Staff participation in governance and decision-making
From the PCS Charter Petition, p. 39:
The Board of Directors, consisting of at least five members, will be drawn from the following sources and at all times will include representatives from these constituencies:
At least one parent or legal guardian of students at PCS.
At least two community members (appointed by the Board).
At least one teacher.
At least one classified staff member.
The PCS principal will serve as a non-voting, “member by position”.
From the PCS Charter Petition, p. 41:
Piru Charter School Council
The PCS Council is the administrative unit for the school, its educational program and policy. They make recommendations to the Board of Directors in terms of offering and renewing contracts.
The Council consists of all staff teachers (staff teachers are those who have a board-ratified salaried position), three parent representatives, one classified member, one administrator, and one chief financial officer or business manager. A quorum is defined as a majority of voting members present, which must include a majority of teachers. Though consensus is the goal, decisions can be made by majority vote.
The PCS council will meet in the afternoon after school no less than nine times per school year. It will publish an agenda prior to the meeting.
PCS parents will be encouraged to attend.
Any issue that would put any member of the PCS in violation of Government Code 1090 will be passed on with a recommendation to the Board of Directors.
Responsibilities of the Piru Charter Council
To maintain the integrity of this charter as the Council makes decisions about the daily operations and procedures of PCS.
To submit a budget to the Board of Directors for ratification.
Further responsibilities will be defined during the first year of operation and then each year when needed.
Principle: Staff selects Curriculum
From the PCS Charter Petition, p. 14:
Special aspects of the Piru Charter School program will include:
Site-based decision-making including personnel and budget.
From the PCS Charter Petition, pp. 18-19:
The PCS Leadership Team will meet on a regular basis to evaluate the effectiveness of the curriculum.
PCS reserves the right to modify the instructional program where necessary to serve the needs of the school community utilizing the PCS Council structure and ultimate approval by the PCS Board and consideration as required by law of any need to submit a material revision of the charter petition to Education Code Section 47607.
Principle: Retain current staff
From the PCS Charter Petition, pp. 26-27:
The School recognizes the importance of providing education opportunities to all students regardless of physical challenges or special needs. To that end, the school pledges to work in cooperation with the
District to ensure that the students enrolled in the School are served in accordance with applicable federal and state law. Piru shall follow all policies and procedures of the District’s SELPA in the provision of special education services. The Piru Charter School is a “school of the District” for special education purposes, per Education Code sections 4761 (b) and 47646(a).
The School shall be deemed to be a public school of the District for purposes of special education pursuant to Education Code Section 47641(b). A child with disabilities attending the charter school shall receive special education instruction and designated instruction and services, provided by the District either in-house or by contract with a qualified third-party in accordance with the individualized educational program (“IEP”) in the same manner as a child with disabilities who attends another public school within the District.
A special education agreement will be developed between the District and the School as part of the Memorandum of Understanding which spells out in detail the responsibilities for provision of special education services by the School and the manner in which special education funding will flow through the District to the students of the School. As part of the MOU between the District and Piru Charter School:
The District shall receive and retain all State and Federal special education funds due to the School.
The District shall provide special education instruction and related services to Piru students in the same manner as provided to other students of the District.
The District shall provide funding to the School for any special education instruction or related services provided the School in the same manner as is currently provided to other schools of the District.
The School shall pay its proportionate share of District-wide encroachment.
From the PCS Charter Petition, p. 63:
District Employees Working at Charter School prior to approval: The rights of District employees working at the Charter School prior to an approval shall be as outlined in a Memorandum of Understanding between the District, the Charter School, and the applicable unions.