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Each resolution submitted to California State PTA for consideration and possible action by convention delegates shall meet the following criteria as detailed in the California State PTA Resolution Procedure Book:

1. Concern a field of interest of California State PTA;
2. Be in harmony with the Purposes and basic policies of the PTA;
3. Concern a matter which is statewide in scope;
4. It must not duplicate an existing California State PTA or National PTA resolution.

For important information on writing and submitting a resolution, refer to the California State PTA Resolutions Procedure Book. This document may be obtained on the California State PTA website (capta.org) or upon request to the California State PTA office by telephone, or via email to resolutions@capta.org.

Local Authorization To Begin

Details regarding authorization to begin a resolution can be found in the California State PTA Resolution Procedure Book.

A draft resolution should be submitted only by association vote of a PTA unit, council, or district in good standing; by a PTA inter-district committee with the approval of the majority of districts concerned; or by the California State PTA Board of Managers.

After an authorization vote, a work committee may be formed. Once a vote of support occurs the resolution maker notifies their PTA council or PTA district and the State Board of Managers Resolution Committee (by email: resolutions@capta.org) of their intent to submit a resolution plan and timeline.

If the work begins during one term and continues into the next, a vote from the new board or association must be obtained to continue developing the resolution.

Resolutions submitted by California State PTA commissions or committees must have the approval of the appropriate Board of Managers vice president or chairman.

Researching and Writing the Resolution

Details of researching and writing a resolution can be found in the California State PTA Resolution Procedure book.

Resolutions consist of three parts.

• The preamble is statements of fact containing background information and reason(s) for the resolution. Each statement begins with the word Whereas.
• Request for Action. The request for action is a recommendation to the convention delegates on how to proceed with the issue set forth in the Whereas statement(s). Each request for action begins with the word Resolved. There may be more than one Resolved
• The Background Summary is a narrative highlighting the most important facts from the resource material. The resource material is discussed later in this document.

Documents required for final submittal must include all of the following:

• Completed Convention Resolution Action Cover Sheet (2 pages – signed)
• Table of Contents
• Resolution (Whereas and Resolved statements and background summary)
• Bibliography
• Index
• Resources

Submission of a Draft Resolution – November 1

Details for submitting a resolution can be found in the California State PTA Resolution Procedure Book.

• Draft Resolutions coming from members in units, councils, or districts are due in draft form to the Resolutions Committee no later than November 1.
• Draft Resolutions coming from the Board of Managers Commission or Committees, must be submitted and voted on at the November BOM, at the latest, and must be mentored before final submission to the Resolutions Committee on or before January 5.
• E-mail draft to info@capta.org and resolutions@capta.org, FAX to 1-916-440-1986, or, mail a hard copy to the California State PTA office: 2327 L Street, Sacramento, CA 95816.
• Documents required when DRAFT resolution is submitted:
  • Completed Convention Resolution Action Cover Sheet
  • Draft of the Resolution (includes: drafted Whereas and Resolved statements, and a draft of a Background Summary)
  • partial List of Resources (suggest at least one per resolved Whereas)

Once an authorization vote has been made and the maker has notified the California State PTA Resolutions Chair (at r esolutions@capta.org), a mentor from the California State PTA Resolutions Committee will be assigned.

Approval of the Final Resolution from the Originating Body

The executive board of the originating body (whether a unit, council or district PTA) shall review the FINAL resolution prior to its submittal to the Resolutions Committee. It shall, upon review, promptly take action to approve, disapprove, or choose no recommendations.

Similarly, the California State PTA Board of Directors shall review a resolution submitted by a Board of Managers Commission or Committee.

Final Resolution Submission – January 5th

Details regarding submission of a final resolution can be found in the California State PTA Resolution Procedure book. Submission of the Final Resolution must be completed by the January 5th, 5pm deadline.

There are two submission options for your final resolution documents:

• Digital only submission
• Hardcopy and flash drive submission

Submitting a resolution is a valid PTA expense

The resolutions committee determines whether the resolutions submitted meet the criteria for placement, as outlined in the CA State PTA Resolutions Procedure Book. In its review of resolutions submitted, the resolutions committee may:

1. combine two or more related resolutions;
2. edit or adapt resolutions if necessary to make them appropriate for annual meeting action;
3. recommend referral to a BOM commission/committee for information or study; or
4. determine if referral to the National PTA is indicated.

If the committee finds that a resolution meets all other criteria but would be in conflict with an existing resolution, the originating body shall be notified. The notification shall include:

1. a copy of the existing resolution;
2. instruction that the originating body must present a motion at annual meeting to rescind the existing resolution before the new resolution could be presented; and
3. a due date for response.

The resolutions chairman shall prepare a report on and include a recommendation for each resolution submitted. A resolution may be recommended for:

1. presentation to the delegates at annual meeting;
2. referral to a BOM committee or commission for information or study;
3. referral to the National PTA; or
4. return to the originating body with an explanation of the reason(s) for non-consideration.

The resolutions report shall be presented at the February BOM meeting. The Board of Managers shall review the recommendations of the Resolutions Committee and for each resolution, take one of the following actions:

1. presentation to the delegates at annual meeting;
2. referral to a Board of Managers committee or commission for information or study;
3. referral to the National PTA; or
4. return to the originating body with an explanation of the reason(s) for non-consideration.

Upon action of the BOM, the resolutions report shall be presented to the annual meeting delegates. The resolutions chairman shall report the action taken by the BOM on each resolution to its originating body.

Placement on the annual meeting agenda does not constitute endorsement by California State PTA. The Board of Managers may endorse a resolution by following appropriate motion protocols.

If a proposed resolution is forwarded to convention delegates for consideration, California State PTA shall publish the text of each resolution in the Convention Chronicle, and the proposed resolutions shall be placed on the California State PTA website.

Presentation of Resolutions to Annual Meeting Delegates

Time will be allocated prior to or at the annual meeting for hearings on resolutions. Voting delegates are strongly encouraged to attend resolution hearings to ask questions or to prepare amendments.

The Resolutions Committee Chair, in accordance with convention rules and regulations shall present each resolution to convention delegates for consideration, debate and vote. Delegates who intend to amend a new proposed resolution must present notice of their intent as specified in the annual meeting rules and regulations. Debate follows meeting rules. Only the Resolved sections of resolutions can be amended by delegates. The Whereas and Background sections cannot be amended by delegates. The Resolution as a whole is the final vote of the delegates.

Resolutions which have not been through the approval process may not be introduced from the convention floor.

Preparation for Annual Meeting by All Units Councils and Districts

• Prior to the statewide annual meeting, units, councils and districts are encouraged to review, discuss and vote on the resolutions to guide delegate action at the meeting. Delegates should be aware that a resolution could be changed at the statewide annual meeting.
• Resolution Endorsements
  • Units, councils and districts may vote to endorse resolutions at an association meeting.
  • For endorsements to be published in the Convention Chronicle, along with the Resolution, letters of support (endorsements) from units, councils, districts and the California State PTA Board of Managers must be submitted to the Resolutions chair (at resolutions@capta.org) by the end of the February/Winter Board of Managers
  • Additional letters of support submitted before the first Resolution Hearing of the Annual Meeting will be announced during the hearings.

Representation at Annual Meeting by Resolution Makers and Originating Bodies

• The speaker/maker must be a voting delegate at the statewide annual meeting.
• Only voting delegates may speak at the annual meeting.
• Voting delegates are elected by their PTA.
• The maker of the resolution, and an alternate speaker, need to attend and be prepared to speak to the resolution:
  • at all resolution hearings
  • at all general meetings
• The attendance at the annual meeting (convention) is a legitimate PTA expense.

The following “walks” PTA leadership through the collective bargaining process and further provides a step-by-step guide for appropriate PTA activities.

What role can your PTA/PTSA assume when your local school board and teachers begin to negotiate a contract?

The most important thing your unit, council or district PTA can do is advocate for all children. The members can do this by:

• Studying the contract proposals and analyzing the effect on the students in the district.
• Asking the local school board and the local bargaining units: “What effect will this proposed contract have on all children?”
• Working with all education stakeholders to secure adequate school funding.

The PTA does not advocate the inclusion or exclusion of certain items in the proposed contract. However, PTA members should be knowledgeable and aware of the effects of the proposed contract provisions on students.

Some questions PTA members should ask include

• Are the implications of the provisions upon the budget/financial resources of the school district understood by all negotiators and the community?
• If a contract dispute should arise, would an arbitrator’s interpretation of a provision have an adverse effect on the best interests of students?
• How will this proposed contract affect other school district employees?
• If the language of a provision is unclear, what is its history? Ask questions from both sides.

PTA unit/council/district PTAs should be aware of the progress of the negotiations, should publicize proposed changes as they are announced, and should give input appropriately to ensure all contract provisions place the interests of the students first.

A check list of items all parents should keep in mind when studying the contract proposals:

Guidelines for Class Size
Does the contract allow
–  adequate student/teacher ratio for individual instruction?
–  adjustments to meet unanticipated needs?
–  flexibility for needed curriculum adjustments or needed education innovations?

Maintenance of Standards
Does the contract allow
–  new programs and changes in scheduling and curriculum offerings to occur during the contract period?

Workday and Workload
Does the contract make provisions for
–  assistance to students before and after classroom hours?
–  staff development and orientation opportunities?
–  staff attendance at evening meetings and student activities?
–  lesson preparation time for appropriate personnel?
–  flexibility to allow for creative and innovative strategies in the classroom?
–  a definition of professional duties?

Conference Time
Does the contract permit and encourage
–  reasonable periods of time for teachers and administrators to confer with parents and students at hours convenient for working parents?
–  reasonable periods of time for meetings among school staff to promote collegiality and better understanding of students’ needs?

Extracurricular Activities
Does the contract provide
–  stipends or incentives for supervision of students participating in extracurricular activities such as sport, drama, music, school newspapers, etc.?

Release Time for Teachers
Does the contract provide
–  unpaid leave for teachers who wish to improve their teaching skills?
–  adequate classroom supervision by certificated personnel when the regularly scheduled teacher is absent from the classroom?

California State PTA strongly urges all unit, council and district PTAs to closely monitor their respective school boards’ compliance with the Public Notice section of the Employer-Employee Relations Act. Unless a PTA does so, it will jeopardize its ability to make meaningful, timely comments about the initial and subsequent proposals under negotiation.

Contract Study Committee

PTA has a responsibility to become knowledgeable and to inform the public about proposed contracts. To fulfill this responsibility, the following steps should be taken:

1.  Form a PTA study committee including representation from all PTA units within the school district. School district employees should not serve on this study committee because they have the opportunity to express their views through their respective bargaining units.
Please Note: Where a council or district PTA relates directly to a school district, the said council or district PTA should appoint the study committee. Where a group of units or councils relates to a school district, the units or councils should appoint members to serve on a study committee.

2.  The PTA criterion for any study, including collective bargaining issues, must be, “WHAT WILL BE THE EFFECT ON ALL CHILDREN?”

3.  Encourage other school-based and community organizations to make their own studies of the proposed contract(s).

4.  Study the current contract, the school district budget, initial contract proposals and subsequent proposals from the school board and employees’ organization.

a.  Adequate lead time is essential for any group beginning to study collective bargaining proposals since several key documents should be reviewed first. The committee must react to contract issues from a position of knowledge about the current fiscal condition of the school district, and how the current agreement affects the education of students.

b.  Documents to be studied:

(1)    THE BUDGET — A thorough briefing on the current year’s budget is essential to understand a school district’s financial condition and how funds are being allocated. This information should be presented by school district financial staff members in a clearly understandable format. (See Resource List, EdSource.)

(2)   THE CURRENT CONTRACT — Almost all school districts have an existing contract with each employee bargaining unit. While it may seem to be a complex task, it is important that time be allowed for the committee to become familiar with and knowledgeable about the current contract language. Particular attention should be paid to the interests of parents and students in the current contract.

(3)   INITIAL CONTRACT PROPOSALS — When each bargaining unit’s new contract is to be negotiated, the initial proposals should be obtained from the employee group and the school district. Representatives from management and the employee groups should be invited to give their interpretations of the proposals. The language should be clear in its intent and the committee should ask, “WHAT WILL BE THE EFFECT ON ALL CHILDREN?”
The school board must allow time for the community to study and then comment on the board’s initial proposals before adopting them as the board’s negotiating position. The PTA should find out what the school board’s time frame is for this process.

(4)   SUBSEQUENT PROPOSALS — The study committee should continue to monitor the negotiating process for the introduction of new subjects arising after the presentation of initial proposals. These subsequent proposals must be made public within 24 hours after their introduction.

5.  If any questions or concerns arise from the study of the initial or subsequent proposals, those questions or concerns should be communicated to the group that originated those proposals.

6.  Report results of the study with any recommended action(s) to the PTA membership. Recommendations might include comments to be made to the school board and/or comments to be made to the bargaining unit. Such comments must be made within the framework of California State PTA policies and positions.

7.  Follow the reporting and communicating procedures through the negotiations process.

8.  Study information published by your local media.

Current law requires the following:

Before a public school employer enters into a written agreement with an exclusive representative covering matters within the scope of representation, the major provisions of the agreement, including, but not limited to, the costs that would be incurred by the public school employer under the agreement for the current and subsequent fiscal years, shall be disclosed at a public meeting of the public school employer in a format established for this purpose by the Superintendent of Public Instruction.

California Government Code Section 3547.5

One of the recommendations from the State Superintendent of Public Instruction to school boards for implementation of this law is that the board:

Make available to the public a copy of the proposed agreement prior to the day of the public meeting; the number of days the agreement should be made available to the public is determined locally.

California State PTA strongly recommends that unit, council and district PTAs request their respective school boards to adopt a policy that includes a minimum of ten days as the “number of days the agreement should be made available to the public….” The policy also should require the board to set time aside for public comment before entering into the written agreement.

California State PTA urges unit, council and district PTAs to study the proposed agreement and make appropriate comments. Such comments must be made within the framework of California State PTA policies and positions.

When local school boards and employee groups meet at the negotiating table, the decisions made are of great importance to the quality of education provided for students. Parents and concerned community members have realized that negotiations by school employee groups such as those representing teachers, school office personnel, aides, custodians and cafeteria personnel greatly influence events in the classroom and have an impact on the overall cost of education.

It is essential that public input into this process be based on knowledge of the operations of the local school district. It is only in this way the public can become a valid part of the process and present viewpoints pertinent to the current contract or proposals, while consistently advocating positions that support a high standard of education for students in the classroom.

California State PTA has prepared this paper to assist its membership to better understand the dynamic role collective bargaining plays in education.

I.   What Is Collective Bargaining?*

Collective bargaining is a labor relations process developed in the private sector which recognizes the historical conflict between management interests such as profits and the interests of workers such as salaries and working conditions. In the collective bargaining process, the representatives of labor and management present each other with demands—proposals—and proceed to compromise their divergent viewpoints—negotiate—until a written settlement—contract—is reached. Traditionally, private sector negotiations are conducted in private meetings of the two parties and often lead to an adversarial relationship.

II.   Why Is There Collective Bargaining In Public Education?

The momentum for collective bargaining in public education increased during the late 1960s as teachers and other school employees felt they could not achieve desired economic benefits and acceptable working conditions as long as school boards, represented by superintendents, retained unilateral decision-making authority on these issues. More than 40 states now have collective bargaining laws.

III.   What Is The Education Employment Relations Act?

The EDUCATION EMPLOYMENT RELATIONS ACT (EERA) provides that negotiations “shall” occur between school boards and their employee groups and negotiations “shall” be limited in scope to matters relating to wages, hours of employment, and other terms and conditions of employment. The process for establishing collective bargaining was initially spelled out in Senate Bill 160, the Educational Employment Relations Act of 1976 authored by Senator Al Rodda.

*Refer to Contents of a Typical Teachers Contract and GLOSSARY on collective bargaining terminology.

There are also subjects upon which the employer is only required to consult with the employee organization, e.g., definition of educational objectives, determination of course content and curriculum, and selection of textbooks. The school board may expand these topics as it wishes although none of the items for consultation has to be included in the contract.

In reality, however, the exact definition of scope is unclear and is one of the most controversial areas in negotiations. A regulatory body established by EERA—the Public Employment Relations Board (PERB)—is constantly called upon to settle disputes dealing with scope as well as carry out the many other duties with which the PERB has been charged.

IV.   How Does Collective Bargaining Affect Education?

The negotiated contract becomes the instrument for school district governance on each provision that has been negotiated into the signed contract. Therefore, the contract has potential implications for everything which occurs in the classrooms of that school district since issues dealing with class size, hours of employment, teacher transfer policies, procedures for employee evaluation as well as wages and fringe benefits all have an impact on the quality of education.

V.   Why Should The Public Be Involved?

The community has a high stake in its public education system and, therefore, should be equally concerned about the negotiations which result in the final contract. While negotiations are usually conducted in private meetings between representatives of the school district and the employee group, the public must study the issues, evaluate their impact on the educational system, and know how the collective bargaining process works and how the public can fit into the process.

If a representative system of government such as ours—one in which school boards are elected to represent the public viewpoint—is to work, people must have the ability to:

1. Elect their representatives;
2. Influence those they elect;
3. Hold those officials accountable.

VI.   How is the Public Provided For in EERA?

When EERA was passed, it included a very important section which provides for public access to the collective bargaining process. Called the “sunshine” clause, it mandates that all initial proposals of any contract negotiations between the employee group and the school district shall be presented at a public meeting of the board of education and that a “reasonable” time shall elapse to allow for public input before negotiations start. Since PERB has mandated all boards of education adopt a public notice policy, PTA members should become knowledgeable about their school district public notice policy and ensure that it specifies:

1. How the district will make the public aware of the issues;
2. When the public can speak to each set of proposals;
3. How the public may speak to the issues.

VII.   How Does the Public Speak to the Issues?

According to EERA, any person or representative group may comment on the issues to be negotiated or on the contract itself at any meeting of the board of education. The PTA does not advocate the inclusion or exclusion of certain clauses in the contract. PTA members should ask, however, that each clause be analyzed to determine “WHAT EFFECT THIS WILL HAVE ON ALL CHILDREN.”

When feasible, PTA involvement in the collective bargaining process should be through a Public Notice Sunshine Committee. This approach will allow the PTA organization to maintain its neutral position regarding any dispute(s) that may arise, and will preclude offending any one segment of PTA membership.

Compensation: cost-of-living adjustment, salary schedule, pay for specific duties (department chair, coach), minimum teacher salaries; expenses, travel reimbursement, tuition reimbursement; mentor teacher selection process

Benefits: health and welfare premiums, specific plans offered, retiree benefits

Hours: length of work day, school year, student year, calendar (holidays, vacations), minimum days, preparation periods, lunch

Leaves: bereavement, pregnancy, child rearing, religious, sick leave, disability, sabbatical, personal need/necessity, jury duty, military, industrial accident/illness, catastrophic illness

Retirement: early retirement, benefits

Nondiscrimination Job Assignment: assignment, promotion, transfer, reassignment

Class size and case loads: pupils per teacher, students per counselor, number of teaching periods, instructional aides

Safety Conditions

Evaluation: procedures and remediation
Grievance: procedures, appeal process, mediation, arbitration
Discipline: procedures and criteria

Layoff and Reemployment

Organizational Security: payroll deduction of union dues (“agency fee”), maintenance of membership, fair share fees, union rights

Work Stoppage: “no-strikes” clause
Contract: duration, reopeners
Savings Clause: contract in effect if portion invalidated by court, Legislature

Management Rights

Consultation: topics, procedures

* AGENCY SHOP – A requirement, usually contained in a negotiated agreement, that all employees in a bargaining entity pay a fee, (often called a “fair share” or “service” fee) covering the cost of representation to the employee organization which is the exclusive representative of the entity.

* AGREEMENT – A written negotiated contract between the employer and the recognized exclusive representative of employees in a bargaining entity that sets out conditions of employment (wages, hours, fringe benefits, etc.) for a stated period of time. Often contains a procedure for settling grievances over interpretation or application of the agreement and may include terms governing the parties’ relationship. Under EERA, an agreement, which may be for a period of no more than three years, becomes binding when accepted by both parties. PERB has no authority to enforce agreements.

* ARBITRATION – A method of resolving disputes between an employer and employee organization by submitting the dispute to a neutral third party (or tripartite panel) whose decision may be binding or merely advisory.

* CERTIFICATED EMPLOYEE – A school employee who is qualified by a certificate or credential to perform a particular educational service, such as classroom teacher, counselor and psychologist, as defined in Education Code.

*** CFIER – The California Foundation for Improvement of Employer-Employee Relations. The organization is committed to “building and maintaining effective labor-management relationships of partnerships.” Its activities include training programs in negotiations and problem-solving, neutral facilitation services, skill-building workshops and conferences, consultation, research and development, and long-term support service.

* CLASSIFIED EMPLOYEE – A school employee in a position not requiring a certificate or credential, such as teachers’ aides or clerical, custodial or food service employees.

* EDUCATIONAL EMPLOYMENT RELATIONS ACT (EERA) – The process for establishing collective bargaining. Enacted in 1975 as Senate Bill 160 (Rodda), Chapter 961, Laws of 1975 and subsequent amendments.

* FACT-FINDING – The method of impasse resolution, usually advisory, that involves investigation of a bargaining dispute by a neutral third party, or tripartite panel that reports the results to the parties, usually with recommendations for settling the dispute. Under EERA, the parties may request that their dispute be submitted to fact-finding (under specified procedures) if a mediator is unable to settle the controversy within 15 days and the mediator declares that fact-finding is appropriate.

* GOOD FAITH BARGAINING – Broadly defined as the duty of the parties to meet and negotiate at reasonable times with willingness to reach agreement on matters within the scope of representation; however, neither party is required to make a concession or agree to any proposal.

** GRIEVANCE – A means of settling disputes which arise from the interpretation or application of the existing contract. When disagreements cannot be settled at one of the lower levels of the grievance procedure the exclusive bargaining agent may take the disagreement to arbitration. Arbitration can be binding or advisory depending on the wording of the contract.

** IMPASSE – A deadlock or stalemate in bargaining declared by one or both parties. Declaration of impasse usually begins the implementation of impasse procedures (mediation or fact finding), and once these procedures have been exhausted can allow for unilateral action by the employer.

** INITIAL PROPOSAL – A written offer for consideration made by the exclusive representative or the school district as part of the bargaining process for the next agreement. The EERA lists those items which are within the scope of representation and are the subject of mandatory bargaining.

*** INTEREST-BASED BARGAINING – A more cooperative method for reaching agreement about the critical aspects of employer-employee relationships. Negotiations are based on mutual interests rather than on individual positions.

* MEDIATION – Also called conciliation. Efforts of a neutral third party to help resolve a dispute (usually involving contract negotiations) between an employer and employee organization. The mediator normally has no power to impose a settlement. Under EERA, mediation is the first step in the impasse resolution procedure.

* NEGOTIATIONS – The process of the employer and the exclusive representative meeting together and bargaining in a good faith effort to reach agreement on matters within the scope of representation and executing, if requested by either party, an agreement incorporating matters agreed on.

* PERB – The Public Employment Relations Board is charged with administering and enforcing EERA. Among its many functions are investigating and deciding “unfair practice” charges or other claims that the act has been violated, establishing or approving bargaining entities, conducting representation elections, and seeking court enforcement of its orders and decisions as it deems necessary.

** PUBLIC NOTICE – The public notice section of EERA is intended to give the public an opportunity to present its views. Initial bargaining proposals of both the exclusive representative and the district must be presented at a public meeting of the school board and are public records. Negotiations will be delayed a reasonable time for the public to comment.

Unless the parties agree otherwise, laws requiring open meetings do not apply to meetings and discussions between parties; with mediators, arbitrators, or fact-finding panels; and executive sessions of the school board on negotiations.

If both parties agree, any phrase of negotiations may be conducted publicly, or observers may be invited. Typically, the school board and union announce their opening positions and then talk privately. Although any meeting of three or more school board members must be open to the public, EERA specifically permits private meetings between the school board and its negotiator.

* SCOPE OF BARGAINING – The law defines “scope,” as a broad range of issues and subjects that either party may or may not introduce for negotiation. Scope is a crucial, dynamic, and frequently litigated area.

* SICKOUT – A job action involving a number of employees failing to report to work on the same day and claiming to be sick.

** SLOWDOWN – A job action involving a number of employees working at less than normal efficiency.

* STRIKE – A work stoppage. Employees acting together in refusing to work in order to gain a bargaining concession or to persuade the employer to take certain action. Usually occurs when negotiations on a new agreement reach impasse and lasts until settlement on a new agreement is reached, but may be called for a shorter period as a pressure tactic or to protest employer actions. Usually conducted under leadership of the employee organization, following a vote among members. A “wildcat” strike is a walkout by employees without authorization of the organization. A “rolling” or “yo-yo” strike involves several intermittent walkouts of short duration interspersed among days when employees report to work.

* SUNSHINE LAW – A requirement that bargaining proposals or other aspects of public employee bargaining be made public. Under EERA, initial proposals as well as new topics that arise during negotiations must be made available to the public.

* Pocket Guide to the Educational Employment Relations Act, California Public Employee Relations, September 1997
** California Teachers Association Collective Bargaining Handbook
*** Collective Bargaining, 1999, EdSource, 520 San Antonio Road, Suite 200, Mountain View, CA 94040-1217; 650.917.9481; www.edsource.org

California State PTA Vice President for Education – 916.440.1985 ext. 305

Selected Readings on California School Finance, EdSource, 520 San Antonio Road, Suite 200, Mountain View, CA 94040-1217; 650.917.9481; www.edsource.org

Pocket Guide To The Employer-Employee Relations Act (Fifth Edition, September 1997), California Public Employee Relations Program, Institute of Industrial Relations, University of California, Berkeley, CA 94720-5555; 510.643.7092

County Office of Education (Office of Employee Relations)

Public Employment Relations Board (PERB); 916.322.3198

1.   PTA Leaders’ Responsibilities When a Dispute Arises:

a.   The PTA council/district PTA leadership must consult with the California State PTA leadership (through the California State PTA office, 916.440.1985).

b.   The council/district PTA leadership must meet with the leadership of all affected unit PTAs to instruct them in observance of PTA’s neutrality policy.

c.   The council/district PTA leadership must meet with the school district administration and bargaining unit(s) leadership to explain PTA neutrality.

d.   The unit PTA leadership must meet with the school site administration and school site bargaining leadership to explain PTA neutrality.

e.   The unit PTA leadership must communicate PTA’s position of neutrality to the membership.

2.   PTAs MUST Remain Neutral:

a.   PTAs must not recruit substitute teachers or staff the classrooms. Classroom instruction is the responsibility of the school district. (See item 4.b.)

b.   PTAs must not recruit substitute classified employees or staff those positions.

c.   PTAs may be on school grounds in general activity areas if there are concerns about the safety of the students.

d.   PTAs must not distribute literature from either side, but may choose to distribute information PTA has prepared.

e.   PTAs must not show partiality toward the administration, the non-striking or striking personnel in any way (e.g., verbally, by serving refreshments, by walking the picket line, etc.).

3.   Remaining Neutral Includes Continuing Normal PTA Activities:

a.   Regular PTA volunteer programs, e.g., volunteers in the media center, library playground, office, lunchroom, classrooms, etc. A list of those who volunteer regularly must be given to the school site administrator and school site bargaining unit(s) leadership.

b.   When PTAs regularly meet in the school facility, such meetings may continue. However, the PTA should make certain that its school facility use permit has not been temporarily suspended by the school district.

c.   Scheduled PTA-sponsored programs and projects may continue.

d.   If a PTA is licensed by the State of California as a child care provider, this activity may be continued. Contracts with parents obligate the PTA to continue providing the child care program. A licensed child care program usually includes a contract with the school district for use of the facility. If this is the case, the district is obligated to ensure safe use of the facility.

4.   PTA Leaders’ Obligations:

a.   There is no intent by the PTA to infringe on the rights of its members to act as individuals. However, if an individual is perceived as a PTA leader, he/she is obligated to consider the effect of his/her actions on the PTA organization.

b.   If a PTA leader believes that conscience requires a statement or action favoring one side or the other, a public disclaimer* must be written and sent to the school site administration, school district superintendent, president of the school board, school district employee organization and PTA organization leadership of council and district PTA.

c.   If a PTA leader is a school district employee and plans to work during a dispute, a public disclaimer* must be signed.

*A public disclaimer should include the following information:

d.   If a PTA president is also a school district employee with membership in the organization negotiating with the school district, and a dispute arises, the president must delegate the responsibilities of the presidency to the first vice president during these negotiations.

5.   In the Event of an Unexpected Walkout* the PTA:

a.   May provide volunteers, if necessary, on the day of an unexpected walkout to care for students in general activity areas on the school grounds until their parents make arrangements to get them home. This activity must not include classroom instruction.

b.   Must not staff classrooms. Staffing of classrooms by noncredentialed personnel is not only inconsistent with PTA efforts to have a qualified teacher in every classroom, it is illegal and the school district can forfeit its ADA (average daily attendance) funding from the state. (Authority: California State Education Code.)

*Job action without prior notification to the employer and with/without the approval of the employee organization (e.g., wildcat strike).

6.   Dealing With the Media:

a.   PTA leaders should expect to be contacted by the media. Any personal opinion is an inappropriate subject for discussion by a PTA spokesperson.

b.   Consult  California State PTA (through the California State PTA office) if advice is needed about how to effectively communicate PTA’s position of neutrality.

c.   If caught unprepared, do not attempt to speak “off the cuff” to the caller. State that this is not a convenient time to talk and you will return the call.

d.   PTA leaders must not attack other organizations or representatives of other organizations (i.e., employee groups or school board members).

PTA has an opportunity and an obligation to help restore the school environment to one that provides a positive educational experience for all students.

PTA members must consider what is in the “best interests of all students” and be a vital part of the healing process between employees, employers and parents.

Any planned PTA activity for school district employees MUST have the cooperation and support of the school staff and the approval of the principal and the district superintendent.

For advice on handling individual situations, contact the California State PTA vice president for education and/or vice president for leadership services through the California State PTA office.

Activities should

Be inexpensive, involve many members and students and be fun.

Not involve commercial or advertising obligations.

Not conflict with other PTA, school or community events.

Create goodwill for PTA in the community.

See Transportation Planning.

Complete an inventory of supplies and equipment related to the activity, establish a location to store reusable equipment; determine if the value of stored materials warrants the purchasing of property insurance coverage. (Note: Current PTA insurance does not cover unit PTA property.)

Have proper adult supervision.

Be aware of risks like hiring a limousine or charter bus. Verify their business licenses with the local Public Utilities Commission.

Follow school district safety procedures when using their buses.

See Insurance and Loss Prevention Guide for allowable, discouraged and PTA-prohibited activities.

Parents’ Approval and Student Waiver forms should be completed for each student participant. The form can be found in the Insurance and Loss Prevention Guide.

It is illegal for a person under the age of 18 to participate in any form of gambling (including casino activities).

Information on how to conduct a legal raffle can be obtained by going to the California Attorney General’s website, www.ag.ca.gov. (Refer to the California Attorney General’s Guide for Charities and §320.5 Gambling: Charitable Raffles effective July 1, 2001.)

Raffles may include but are not limited to 50/50 raffles, donation drawings, ducky derby and cow chip bingo.

Remember that it is illegal for any person under the age of 21 to possess, obtain or consume beer or alcohol. It is unlawful to possess, offer or sell any controlled substance, alcoholic beverage, or intoxicant on school premises. No person may sell, furnish, or procure intoxicating liquor (including beer) for anyone under the age of 21. It is illegal for anyone to possess any controlled substance without a valid prescription. (See Insurance and Loss Prevention Guide.)

A PTA sponsoring or cosponsoring a graduation or prom night activity must follow all California State PTA financial procedures and the Insurance and Loss Prevention Guide.

The association must vote to sponsor or cosponsor the program, and the action must be recorded in the minutes. The president appoints the program committee, subject to ratification by the executive board. All committee and subcommittee members must be members of the PTA (Committee Development and Guidelines).

The unit HSA chairman, with a committee appointed by the president, shall

• Study the various types of awards, the donation amounts and the criteria for selecting honorees for specific awards.
• Publicize to the membership that the HSA selection committee will be meeting and ask for suggestions for honorees. (A flier may be distributed requesting names and information.)
• Meet for the specific purpose of selecting honorees. All proceedings must be kept confidential. Budget allocations must be observed.
• Order specific awards using the order forms in the California State PTA Toolkit. Pins may be ordered at the same time. (Allow up to two weeks for delivery.)
• Arrange for presentation of awards at a meeting as determined by the executive board and the program committee (e.g., at a Founders Day program meeting or end-of-the-year luncheon).
• Devise an innovative way to present the award(s) using a poem, skit or other unique way to praise the honorees’ accomplishments. Be sure to mention that the donation made to the California State PTA Scholarship and Grant Program in each honoree’s name assists in the education of other individuals.
• Arrange for families and friends of honorees to attend the presentation.
• Give a copy of the biographical presentation to the honoree. Assign a committee member to take pictures for the honorees. Retain copies of the pictures, programs and biographies.
• Obtain Media Release Statement signature of recipient to forward biography and photos taken at the award event to California State PTA.

     “By accepting this award and submitting biography and photograph(s) of the awards event to California State PTA, you hereby grant and assign California State PTA and its legal representatives the irrevocable and unrestricted right to use and publish for editorial, trade, advertising or any other purpose and in any manner and medium, including website and Internet promotion, all photographic, video, and digital images of you and your guests taken while in attendance at the awards event. You hereby release California State PTA and its legal representatives from all claims and liability relating to said photographs, video and digital images.”

• Write a summary of the event and place it in the chairman’s procedure book.
• Maintain accurate records of all awards in a permanent file.

The committee should be:

• Appointed early in the officer’s term to allow time for planning and ordering awards.
• Composed of different members each year.
• Representative of the school’s community.
• Composed of an uneven number (five is suggested).

The applicants being considered should be recognized for outstanding service to children and youth, and not necessarily for routine, assigned responsibilities or for retirement.

It is recommended that you avoid establishing a pattern such as always presenting an award to the outgoing president or retiring faculty members.

Remember to consider those who work behind the scenes, quietly and efficiently serving youth.

The Very Special Person (VSP) Award may be given to individuals or PTA constituent organizations to recognize having contributed to the school community in a special way. This award is available by a contribution of $25.00 or more. A VSP pin (tack back) is also included (Honorary Service Award Order Form).

An Honorary Service Award (HSA) may be given to an individual or organization in special recognition of outstanding service to children and youth. This award is available by a contribution of $40.00 in the name of the recipient. An HSA pin (tack back) is also included (Honorary Service Award Order Form).

A Continuing Honorary Service Award (CHSA) may be given to an individual or organization in special recognition of continued service to children and youth. The recipient may or may not have received a California State PTA Honorary Service Award. This award is available by a contribution of $45.00 in the name of the recipient. A CHSA pin (tack back) is also included (Honorary Service Award Order Form).

The Golden Oak Service Award is the most prestigious PTA award in California. This award may be given to an individual or organization that has made significant contributions to the welfare of children and youth in the school or community. This award is available by a contribution of $85.00 in the name of the recipient. A Golden Oak Service pin (tack back) is also included (Honorary Service Award Order Form).

The Outstanding Teacher Award may be given to a teacher in special recognition for outstanding service in positively impacting the lives and welfare of children and youth in the PTA, school, or community. This award is available by a contribution of $40.00 in the name of the recipient. An Outstanding Teacher Award pin (tack back) is also included (Honorary Service Award Order Form).

The Outstanding Administrator Award may be given to an administrator in special recognition for outstanding service in positively impacting the lives and welfare of children and youth in the PTA, school, or community. This award is available by a contribution of $40.00 in the name of the recipient. An Outstanding Administrator Award pin (tack back) is also included (Honorary Service Award Order Form).

This award may be given to recognize an elected official for outstanding policy work and/or legislation that positively impacts the lives of children. This award may be given at the local, state or federal level. This award is not to be used as an endorsement of any elected official, but to celebrate the work of the elected official. An award certificate and pin (tack back) is available with a contribution of $40.00 by a PTA unit, council or district in the name of the recipient. Best practice in awarding elected officials is to award 60 days or more before their name would appear on a ballot. There is not a set number of days required legally, but the further you can get from the active campaign period the better. At least 30 days is a strong recommendation. (Honorary Service Award Order Form).

Donations may be given by PTAs/PTSAs or by individuals in tribute to a person, a group or in memoriam. The donation may be made in any amount. An acknowledgment card or certificate, as requested, will be sent when a donation of $10.00 or more is made. Anyone or any group may donate to the HSA program fund; the fund is not limited to contributions by PTAs (In Memoriam or Tribute Donation Form).

The purposes of a study are to:

Acquire knowledge about a subject;

Respond to a concern of the membership in a particular area (e.g., education, health, safety, community problems, state or local legislation);

Respond to a need or problem;

Gather all available facts and information before acting on an issue that concerns the membership;

Develop information on a subject or issue that the association believes should be presented to the California State PTA Board of Managers, government agencies (e.g., school board, city council, board of supervisors), other groups or the public; or

Develop a resolution for the California State PTA Convention.

Initiate a study with a:

Motion from the association membership;

Request from an individual member;

Recommendation from the executive board;

Recommendation from a committee of the association; or

Request from an allied agency, organization or group.

The president appoints the chairman and members of the committee subject to ratification by the executive board. The number and composition may be specified in the motion creating the committee. (If this is done, the phrase “and others as appointed by the president” must always be included as protection against oversight.)

The committee should be composed of at least five but not more than nine people. Members may include:

• PTA members, officers and chairmen whose duties fall within the subject matter of the study.
• Administrators, teachers, students (if appropriate), consultants, and/or community members.
• People with differing points of view on the subject.
• The association president as an ex officio member.
• The committee secretary may be appointed by the president or the committee chairman or elected by the committee at its first meeting.

Committee expenses are legitimate PTA expenses.

Keep minutes to avoid repetition in subsequent meetings, to ensure that all items in the plan of work are covered, to avoid omissions in the final report, and as a record of the committee’s work.

Identify the subject(s) and/or issue(s) to be included in the study.

Set goals. Will the committee gather information, or will it try to develop recommendations for action? If “information only,” how will the information be used? How much time will be needed?

Decide the scope of the study. How much information will be needed to reach the goals? What areas of the subject/issue will the committee try to cover?

Use resources such as films, newspapers, publications, appropriate agencies, and experts in the field of study. All sources should be verified to ensure the accuracy of the information.

Assign responsibilities for research. Each member of the committee should have a specific assignment. Subcommittees may be helpful in completing the research. All research should be available to all members of the committee.

Ensure that all areas of interest on the subject or issue (within the defined scope) are covered. Personal views must not be allowed to intrude.

All possible solutions, conclusions, etc., should be listed with an evaluation of how they will affect the subject or issue.

Recommended Solutions Should be Tested

Are they in accordance with the Purposes and basic policies of the PTA?

Is there a strong possibility they will accomplish the desired results?

Are they practical? Are the necessary resources (whatever they may be) available?

Will the proposed solution create other problems that need to be resolved before implementation?

Are the recommended solutions in the best interest of children and youth?

Do the solutions completely address the subject or issue as defined in the scope, or is more research needed?

The study report should:

Be written by the chairman (the secretary may assist) and approved by the committee;

Be submitted first to the PTA executive board and then to the association;

Include an appendix listing all reference materials used and any other resources;

Include any recommendations for further study, implementation or action; and

Include the time requirements involved in implementing recommendations.

The association or executive board may refer a study report to another group, although that group had no part in initiating the original study.

Studies forwarded to California State PTA should be sent through channels—unit to council (if in council) to district PTA.

When appropriate, all studies should be submitted to the council (if in council) and to the district PTA, so the information will be available to other units.

All studies referred to another group or submitted through channels should be accompanied by a study letter.

Following the final report, the study committee ceases to function unless given further responsibilities by the executive board or association.

Convene a committee.

Serve the executive board, according to the bylaws.

Provide directional leadership for the committee.

Set an optimistic and enthusiastic tone.

Develop and maintain a procedure book (Procedure Book).

Refer to Bylaws for Local PTA/PTSA Units as needed.

Assist and/or accompany the PTA president to meetings with decision-makers from the school, community, or city government.

Submit a written/oral report at each executive board meeting. Include all committee recommendations and a written financial accounting of all monies received and disbursed to implement approved recommendations.

Keep the committee focused on making appropriate recommendations.

Ensure that the committee assignment is completed and the action reported back to the board association.

Become acquainted with the school staff, school district staff, and decision-makers, including members of the site council and school board.

Survey parents to determine interests and needs in the home, community, and school.

Develop a program plan. Ensure that the plan meets California State PTA insurance requirements. See Insurance and Loss Prevention Guide for allowable, discouraged, and prohibited activities.

Coordinate PTA activities with the school calendar and principal.

Present the plan to the PTA board for approval.

Plan all events well in advance, with a minimum timeline of three months.

Educate parents and the community at an informational meeting.

Encourage membership to actively participate in PTA programs.

Collaborate with other PTAs and community agencies to obtain information, materials, and speakers.

Network with other PTAs in the school district to coordinate events.

Communicate with council and district PTA counterparts.

Share information prepared and distributed by the council and district PTA, California State PTA and National PTA.

Publicize activities. Use the newsletter and website to promote, educate, and inform. Contact the media or enlist the help of the PTA public relations coordinator (Tips for Promoting the PTA).

Attend council and district PTA trainings, California State PTA convention and National PTA convention.

Keep fundraisers simple and low stress.

Consolidate PTA activities with school events that bring out parents and students.

Plan more low-key, family-oriented social events.

Evaluate the program and document lessons learned for future program chairmen.

Make sure all tracks are represented in the yearly planning meeting.

Schedule activities and association meetings evenly among tracks.

Avoid holding special events when the treasurer or chairman of that event is off-track.

Schedule programs (e.g., Reflections Program) and fundraisers to cover all on-track and off-track times.

Begin six months in advance, if possible.

Discuss and obtain approval to hold an event from the PTA executive board and principal or school representative.

Ensure the event will not conflict with other unit, council or district PTA observances.

Obtain a vote of approval for the event at a meeting of the association. Include a motion to disburse monies to cover the estimated cost involved.

If being held off campus, obtain permission for facility use from appropriate manager. If asked to sign a Hold Harmless Agreement, contact the California State PTA insurance broker.

PTA president appoints the event chairman and committee. Determine the goals of this committee. Articulate what the committee hopes to accomplish with the activities.

Appoint several members to the planning committee. Unit bylaws and standing rules may have information to guide the project. If possible, include the principal or a faculty member, the public relations/publications coordinator (if there is one), and a student (Event Planning Worksheet).

Review event material—make copies as needed. From previous chairman or committee, obtain the procedure book, National PTA Quick-Reference Guide, Our Children, and PTA in California.

Discuss budget needs with president and treasurer. Ideally, the budget should be planned with a line item for the event. The planned activities must stay within the budget. If necessary, the community may be asked to partner by donating materials, hospitality items and perhaps even a grant or sponsor to underwrite the planned activity or event. Be realistic in estimating the costs. Remember to include possible custodial costs, publicity, and postage.

Decide on a focus area, if any. Brainstorm ideas with the committee. Decide on activities that have the best chance for good participation from the student-body, the parents, and the community. If the PTA has never held this event before, do not overwhelm the faculty with activities.

Keep in mind past traditions but also investigate new ways to hold an appropriate event that will fit the school and community.

Select a theme as the major focus, and decide on the type of program (e.g., family dinner, musical program).

As early as possible, check school calendar and decide on a date.

The Americans with Disabilities Act requires that disabled persons must be reasonably accommodated by modifying policies, making physical changes and obtaining equipment to assist their participation in any activity. For PTA meetings/events, this could include seating to accommodate an attendant accompanying a member or reserved seating in a location to accommodate a member’s special need, providing written handouts to supplement discussion and/or providing qualified readers or interpreters for individuals having a hearing or sight impairment.

Discuss rules and expectations with facility management. Put all agreements in writing. Determine if permission or permits from school district or city are needed.

Notify parents and community to “save the date” for the event. Also send notes to past and present PTA presidents, leaders and award recipients, and school district and community members.

Notify staff, explaining event goals and requesting their support.

Schedule at least three committee meetings prior to event.

In situations where PTA sponsors activities and secures transportation, such as “Grad Night” (hereinafter referred to as “events”), the PTA must provide accessible transportation at no additional cost to students with mobility disabilities in compliance with the requirements set forth in the Americans with Disabilities Act (ADA). Local PTA units shall coordinate with their local school and/or school district to obtain updated lists of accessible transportation providers if such lists exist. Questions from PTA units, districts or councils regarding a request for accessible transportation should first be directed to the school district. Additional questions may be directed to the California State PTA Vice President for Leadership Services.

When local PTA units secure transportation for participating students for events, local PTA units must comply with the ADA which does not permit services that are different or separate from that provided to other individuals without disabilities, unless such action is necessary to provide an individual with a disability or class of such individuals with a good, service, facility, privilege, advantage, or accommodation or other opportunity that is as effective as that provided to others.

If the local PTA unit secures accessible transportation to events, as described above, and it fails to arrive, the PTA shall make every reasonable effort to secure alternative accessible transportation to enable students with mobility disabilities to still attend. In no instance shall a local PTA unit inform students with mobility disabilities that they must secure their own transportation.

A student with a disability who requires a one-to-one aide as part of his or her Individualized Education Program (“IEP”) shall be permitted to attend any PTA event with his or her aide, as the student’s family deems necessary. Further, no fee shall be charged for any PTA event ticket for the student’s aide. For any event where a student requires an aide, the cost of the aide’s transportation shall be borne by the PTA. PTA may ask to be reimbursed by the event venue, affiliated school and/or school district.

Begin three months in advance, if possible. Develop a timeline utilizing check sheets. Assign committee members specific duties.

Service Providers/Speakers/Program Participants (At Least Two People)

One person should be designated as the contact person on invitation letters.

One person should assist with paperwork (Service Provider/Speakers/Program Participants Check List).

Publicity Campaign (At Least One Person)
Publicity may include the use of one or more of the following:

News releases
PTA newsletter articles
Posters for placement at local business locations
Radio/cable television PSA “spots”
Website promotion
Email alerts

Handouts/Fliers (At Least One Person)
Handouts may include the following:

Fliers to parents
Attendee record form
Permission slips, if necessary
Service provider station signs

Operations (At Least One Person)
Responsibilities include:

Overseeing facility, equipment, and overall operation.
Checking all participating service provider/speaker/program participant requirements.
Coordinating with school district and school custodian.
Ensuring all equipment is in working order.
Consulting with appropriate facility management.
Considering whether additional service providers are needed and reviewing other logistic issues.
Cleaning up after the event.

Outreach (At Least One Person)
This committee member will

Organize volunteers and coordinate hospitality.

Select invitees from the local area. Send a letter of invitation requesting participation, including a response due date.

Begin two months in advance.

Send follow-up letter to confirm service provider participation, including a map of the school and parking location (See Sample Participant Response Form below).

Develop fliers to inform parents and community of the event.

Develop news releases.

Request equipment from school district or facility manager to meet service provider needs.

 

Begin one month in advance.

Be sure to have sufficient tables and chairs as required by participating service providers. This information will be available upon receipt of response form.

Provide custodian/facility manager with a detailed drawing of the layout for tables and chairs.

Plan for access for the disabled.

Recruit and schedule volunteers. Utilize nursing schools, dental schools, and public health agency health promoters.

Plan refreshments, such as coffee and donuts in the morning or a light lunch for all participating service providers and volunteers.

Check to ensure all equipment requirements can be met.

Distribute event fliers and email announcements to parents and community.

Prepare service provider station signs.

Have nametags ready for all service providers/speakers/program participants and volunteers.

Check to make sure hospitality area is in order and refreshments prepared.

Check setup of the event stations and all audio-visual equipment.

Welcome the service providers/speakers/program participants and be sure to give them an evaluation sheet (Evaluation Form) that should be collected before they leave at the end of the event.

Have volunteers sign in, including addresses, telephone numbers, and email addresses.

Have at least two designated troubleshooters for the day, and make sure that the service providers and volunteers know who they are.

Clean up the facility and leave it in as good or better condition than it was.

Tabulate the evaluations.

Send thank you notes to all participating service providers/speakers/program participants and volunteers.

Write an event report and place it in the procedure book. Include ideas for changes gleaned from the evaluations and comments from participants.

• Did the activities help to accomplish goals?
• Was there good participation from the faculty and the parents?
• Did the kids enjoy it?
• What are the recommendations for next year?