EMPLOYEE RIGHTS AND PRIVILEGES PERSONNEL-MANAGEMENT RELATIONS

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1 PREAMBLE The McAllen Independent School District classroom teachers, administrators, and the Board of Trustees recognize that teaching is a profession and believe that educational opportunities for the children of the District are enhanced when channels of communication are open, and when harmonious working relations exist among the Board, the administration, and the teaching staff. The purpose of this Administrative Procedure is (1) to improve the channels of communication among the teaching staff, the administrative staff, the Superintendent, and the Board of Trustees, (2) to utilize the ability, experience, and judgment of each group in formulating policies and in making decisions that involve matters of mutual concern and which affect the quality of the educational program, and (3) to promote the awareness of all concerned of their responsibilities to this end. Note: The Leaders in Educational Assembly for the District (LEAD) shall address matters pertaining to curriculum, staff development, and student discipline. The Joint Professional Consultation Committee (JPCC) shall address all other issues of concern to professional personnel. See policy BQA(LOCAL) DEFINITIONS As used in this Administrative Procedure: 1. "Board" shall mean the Board of Trustees of the McAllen Independent School District. 2. "Superintendent" shall mean the Superintendent of the McAllen Independent School District. 3. "Associations" shall mean the McAllen units of the professional educator organizations of the McAllen Independent School District. 4. "Professional personnel" shall mean the employees of the McAllen Independent School District excluding all administrative staff. 5. "JPCC" shall mean the Joint Professional Consultation Committee. RECOGNITION The JPCC is recognized as the sole representative of the professional personnel of the McAllen Independent School District. The Board is recognized as the policy setting body of the McAllen Independent School District. The Board reserves final authority to exercise all responsibilities, powers, and rights as vested in it by the laws and constitution of the State of Texas. 1 P a g e

2 THE JOINT PROFESSIONAL CONSULTATION COMMITTEE 1. Member Organization Representation: a. One administrator, appointed by the Superintendent. b. All professional educator organizations. The organization president, or professional staff designee and an elementary and a secondary representative. Teacher representatives shall be elected by the local membership, this shall designate Executive Committee c. JPCC Campus Representative Committee. One campus representative from the Professional Education Organizations represented by JPCC. 2. Terms of Office: a. Elementary Representatives. Each member organization shall elect an elementary representative in April of even-numbered years. The term of office shall be for two years, commencing with the JPCC May meeting. b. Secondary Representatives. Each member organization shall elect a secondary representative in April of odd numbered years. The term of office shall be for two years, commencing with the JPCC May meeting. c. Organization Presidents. Presidents of member organizations shall serve terms consistent with the rules of their respective organizations. d. Superintendent's Representative. The Superintendent's representative shall serve for an indefinite period, to be determined by the Superintendent. 3. Officers: a. The JPCC shall elect a chairperson, a vice-chairperson, and a secretary from among its elementary and secondary representatives. b. The organization presidents and the Superintendent's representative shall not be eligible to serve as chairperson or vice-chairperson. c. Officers shall serve one-year terms, with officer elections being held at the May meeting. d. There shall be no limitation on the number of terms served. 4. Quorum: A quorum shall be declared if two-thirds of the membership is present. 5. Attendance: a. Any member who exceeds two unexcused absences within the school year shall be replaced by the organization which that member represents. An excused absence is defined as an illness or emergency reported to the chairperson. b. Member organization presidents are authorized to appoint temporary substitutes from among their membership to attend meetings in the event 2 P a g e

3 that a representative is unable to be present. c. New representatives to the JPCC shall be certified to the Superintendent by member organizations not later than May 1st each year. d. In the event of the resignation or the inability to serve of any elected member of the JPCC, that member shall be replaced by the respective organization from which the member was elected. MEETINGS 6. Robert's Rules of Order shall govern the conduct of all meetings. 7. Regular monthly meetings shall be held from August through May, for Executive Committee. Campus Representative Committee meetings will be held in September, January, and May. 8. Special meetings shall be called by the chairperson or, in his or her absence, the vice-chairperson, after receipt of a written request from a president of a member organization or from the Superintendent or his or her representative. 9. Emergency meetings may be called by the chairperson. Emergency meetings may consider one topic only and do not require a written agenda or five days prior notice. AGENDAS 10. The JPCC shall consider agenda items that pertain to the interests of the District's professional employees. The JPCC shall not consider items that benefit an individual or small group to the exclusion of other professionals, nor shall the JPCC consider any items that attempt to mediate differences among its member organizations. 11. Any professional employee may submit agenda items for consideration by the JPCC at regularly scheduled meetings. Agenda items must be submitted in writing to the chairperson at least six calendar days prior to the next scheduled meeting. 12. Written requests for special meetings shall include the item(s) requested to be placed on the agenda. 13. The chairperson and vice-chairperson shall review all proposed agenda items for appropriateness, and the chair shall exercise final authority in accepting or rejecting agenda items. When the chair elects to reject an item or items, the chair shall add to the agenda a section labeled "Rejected Agenda Item(s)" and shall provide an explanation to the membership. 14. A decision by the chair to exclude an agenda item may be overridden by a two-thirds majority vote. 3 P a g e

4 15. In instances where a professional employee who has submitted an agenda item considers action by the JPCC to be unsatisfactory, the employee may request, through the Superintendent, that the item be placed on a Board of Trustees agenda. Such a request may be denied by the Superintendent. 16. Where practical, copies of the agenda shall be sent to each member prior to each meeting. 17. The chairperson shall limit discussion to topics included on the agenda. STUDY COMMITTEES COSTS The JPCC, by majority vote, may appoint ad hoc committees to research topics of interest and to make reports and recommendations. Membership of ad hoc committees may include personnel outside the membership of the JPCC. At the conclusion of each special assignment, the written report shall be presented to the JPCC. Expenses incurred by the JPCC in holding regular meetings will be borne by the District. Additional expenses, other than those approved in advance and in writing by the Superintendent, shall be borne by the party or group that incurred the expenditure. EXCHANGE OF INFORMATION REACHING AGREEMENT APPEAL The Superintendent shall furnish to the JPCC, upon reasonable request, pertinent information on any facet of the school program to assist the JPCC in making recommendations for the improvement of the educational program. The JPCC shall furnish to the Board and the Superintendent any information gathered that may assist in making policy decisions. When a majority of the JPCC has agreed on a proposal, a recommendation shall be forwarded to the Superintendent for consideration. 1. The proposals shall cite present policy, regulation, or practice if such exists. 2. The proposal shall state recommended actions or changes. 3. The proposal shall include a justification for the recommended changes. Responses may be as follows: 1. On proposals requiring administrative changes, the Superintendent, provided that the recommendation meets Superintendent's approval, will take action to implement the changes. 2. Proposals involving Board policy and/or requiring Board approval, if supported by the Superintendent, shall be submitted by the Superintendent, with appropriate endorsements, to the Board for action at the next regular meeting. 3. If the Superintendent cannot endorse a JPCC proposal, then he or she shall place in writing his or her objections within two weeks of receipt of the proposal. The 4 P a g e

5 JPCC and the Superintendent shall then meet to seek mutually acceptable modifications. If agreement is not reached, the JPCC may request that the item be placed on the agenda at the next regular Board meeting, at which time the Board will hear the proposal. 4. Board action on JPCC proposals shall be communicated to the JPCC within one week (7 calendar days) of Board action. EXCLUSION This agreement in no way abridges the right of any individual or group to bring matters of concern to the Superintendent for presentation to the Board through procedures consistent with Board policies and the laws of the State of Texas. AMENDMENTS Amendments may be recommended by any party to this agreement. Any recommended amendment must be submitted to the JPCC. If the proposed change is approved by the JPCC, it shall be submitted to all professional personnel. There must be an open hearing on the proposed amendment(s) at least two weeks prior to the election. To become effective, the proposed amendment must both be approved by a two-thirds vote of all professional personnel voting, with no member having more than one vote, and by a majority vote of the Board of Trustees. FINAL AUTHORITY The JPCC, in observing these procedures, rules, and regulations, recognizes that the Board, under Texas law, shall have and shall exercise its exclusive right of final decision in all matters affecting the McAllen Independent School District. It is the controlling intent hereof that all provisions and all action pursuant hereto shall be consistent with the terms and provisions of Section of the Texas Education Code. 5 P a g e