ARTICLE 9 - CLASSROOM CLIMATE

9.01 - Educational Climate

The Employer recognizes the responsibility to provide reasonable support and assistance to teachers and teaching coordinators with respect to the maintenance of control and discipline in the educational setting.  The Employer, the Association, and employees also recognize the special needs exhibited by the varied populations served at the work facilities.

The Employer and the Association further recognize the importance of providing a teaching environment which is conducive to learning.  Therefore, the Labor/Management Committees shall discuss issues relating to the educational environment including classroom size and teacher assistance.

9.02 - Student Assignments

Where operational needs allow, teachers shall be notified a minimum of forty-eight (48) hours prior to the assignment of a new student or students to classes.  This requirement excludes orientation and assessment periods.

9.03 - Pupil Personnel Discipline Policies

To provide reasonable support and assistance while appropriately serving the special needs of the varied populations, each work facility shall develop policies regarding pupil personnel discipline.  Each facility, except for the Department of Mental Health, shall form and/or maintain a committee which includes Association representatives to provide input for revision (if necessary) of the facility pupil personnel discipline policy.

The educational supervisor shall hold a faculty meeting at each facility not less than once per year to review and discuss the pupil personnel discipline policies.

The pupil personnel discipline policy at each work facility shall include, but not be limited to, the following:

1. a requirement that an employee testify and/or offer a written statement regarding alleged disruptive behavior of a pupil; and
2. availability to the employee of the disposition regarding the alleged disruptive behavior of a pupil; and
3. if the alleged disruptive behavior includes a complaint of sexually inappropriate behavior, the eEmployer shall inform the employee of the disposition regarding the alleged behavior of the pupil.

In the Department of Youth Services, to provide reasonable support and assistance to employees:

1. The Directives concerning youth discipline shall be made available to each employee upon hire and at other times as revised or modified.  These written procedures at each DYS Institution shall also be made available in the same manner to each employee at the affected work facility.
2. It is recognized that DYS and the Association have established an Education CIP Team to address issues of a student code of conduct and student discipline., this committee shall consist of three (3) members appointed by the Association and three (3) members appointed by DYS.  The Education CIP Team shall issue its final report no later than October 1, 2000.  This report shall include recommendations directed at establishing a single code of conduct and a single discipline policy for the DYS School District.  The CIP Team shall convene once each year of the collective bargaining agreement per Department of Youth Services policy to make recommendations for changes to the DYS School District student code of conduct and discipline policy.

Upon issuance of this report, DYS and the Association shall meet within thirty (30) days after issuance of the report to discuss implementation of a final directive, approved by the Director of DYS, for training and implementation by April 1, 2001.

9.04 - Development of Student Plans

In those facilities where an interdisciplinary team is utilized and the Employer requires an Individual Education Plan, the teacher or an educational alternate shall write the Individual Education Plan (IEP) for input into the treatment goals and objectives.

The Employer recognizes the teacher who has primary responsibility for the students as a core team member.  The Employer will comply with Federal and/or State regulations regarding teacher attendance at the Interdisciplinary IEP Development Team Meeting.

In those facilities where an interdisciplinary team is utilized and where federal and/or state regulations require an Individual Habilitation Education Plan, the teacher or an educational alternate shall write recommendations for the educational component of the Individual Habilitation Education Plan.

When the Individual Habilitation Education Plan has an educational component the teacher shall be considered a part of the treatment team.  In those instances a teacher shall be in attendance at the meeting.

9.05 - Classroom Temperature

The Labor/Management Committee shall meet within sixty (60) days of the effective date of this Agreement to discuss temperature extremes as they affect the learning environment.  The Labor/Management Committee may recommend procedures to be followed during temperature extremes and heating/cooling system failures.

Within forty-five (45) days of receipt of the Committee's recommendations, the Employer, having considered those recommendations, shall develop and implement procedures to be followed during temperature extremes and heating/cooling system failures.

For those agencies that have established a procedure for heating and/or cooling extremes, the Employer shall maintain during the term of this Agreement the procedures which have been established.

9.06 - Class Size

The teacher-pupil ratio in each individual classroom shall not violate Ohio Administrative Code as set forth by the Ohio Department of Education.  Otherwise, any other state or federal laws and/or regulations regarding special populations shall apply.