Article 37
This week I am writing about Article 37: Request for Variance of Agreement Language. I know there are many schools out there that are getting ready to file for a variance. I wanted all of you to have the specific language so you are aware of the process and can follow the procedures required.
The variance language came about several years ago from elementary principals who felt they could not do innovative programs for student achievement because of being restricted by the Master Agreement. The variance offers an avenue whereby the school can deviate from the MA if they have a valid program which will indeed offer what is best for the school, teachers, and students. The process should include a time to openly discuss all of the pros and cons and for the staff to decide if indeed they do wish to deviate from contract language. You, the teachers, and not the principal, are in control of this decision since it takes a 2/3 minimum to pass and a secret ballot. The question should be is it necessary at the expense of the contract language and will it improve student achievement.
Please read the article and the form below and if you have any questions, please call the office: 303-772-3666. Good luck!
ARTICLE 37 - Request for Variance of Agreement Language
37.1 When plans for improving student achievement alter a schools’ programming to the extent that options cannot be developed without violating the Agreement, a Request for Variance must be initiated.
37.1.2 A Variance Review Committee will be established composed of three (3) Association appointees and three (3) District appointees, both groups for two year, staggered terms. All members of the Variance Review Committee shall be provided with release time adequate to perform their duties.
37.1.3 The Principal shall notify the Asst. Supt. for Human Resources and the President of the SVVEA of the intent to request a variance.
37.2 At a faculty meeting, the specific contract language will be identified and discussed. The discussion should include the ramification of the variation of the cited article and section, what alternative will be implemented, how the alternative would solve the identified problem, and whether the alternative is fair and equitable to all staff.
37.2.1 The requested variance must be supported by a consensus at the site. Consensus as used here means that those impacted by the proposed variance are in agreement with it or at least agree to support it.
37.2.2 Ballots will be prepared by the principal and the SVVEA Building Representative. All teachers assigned to the building will be eligible to vote. The vote will be by a confidential, written ballot and conducted at a faculty meeting. The votes will be tallied by the principal and the SVVEA Building representative and reported on the appropriate form. The faculty will be notified of the results of the vote no later than twenty-four hours after the vote. A minimum of 2/3 of the teachers must vote in the affirmative to deviate from the contract for the request to be forwarded to the Variance Committee.
37.3 Requests for contract variances will be submitted to the Variance Review Committee charged with the following responsibilities:
- insure that the resulting action does not violate state or federal regulations or laws.
- consider the impact of requested variances on other parts of the District or its operation.
A copy of the Request for Variance of Agreement Language form is included in the Appendices of this Agreement.
37.4 Each site’s requested variance is considered individually and on its own merits. Variances are not precedent setting. Variances are granted by 2/3 agreement of the Committee. Variances may be granted for up to two (2) years, with a minimum of yearly evaluation to the Variance Committee. Sites must reapply after 2 years, if desiring to continue variance, following the process as stated above.
37.5 If the principal and faculty determine that the variance needs to be modified or discontinued, it may be brought to a faculty vote at anytime, and then continued through the above stated process.
Appendix I
Site Based Request
for
Variance of Agreement Language
School: Date:
What are you trying to achieve?
What Master Agreement article and section do you perceive to be an obstruction to your plan?
What potential solutions were explored and why were they rejected?
What will result when the article and section are suspended?
Results of building ballot (copy of ballot attached)
# For # Against
Principal Signature SVVEA Building Representative
Department of Human Resources use only below this line
Your request has been ___ approved ___ denied
Difficulties/Obstacles with your request:
Comments
Signed for the Committee by Date