dcta slate october 2011 - season of listening

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DCTA Slate Journal of the Denver Classroom Teachers Association Dedicated to serving Denver students, parents and the Denver community • www.denverclassroom.org the October 2011 Volume 44, Number 3 Season of Listening Showing Mr. Carroll the Beef page 3 Don’t Just Listen... DO SOMETHING! page 3 Memoranda of Understanding pages 7, 9, 11 PERA Update page 13 Jim Goffred, AR at Lake Middle School, listens to Brent Price and Mary Boudrias during a Listening Season build- ing meeting.

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The October 2011 edition of the DCTA Slate, the published periodical of the Denver Classroom Teachers Association.

TRANSCRIPT

January 2010Volume 42, Number 5

DCTA SlateJournal of the Denver Classroom Teachers Association

Dedicated to serving Denver students, parents and the Denver community • www.denverclassroom.org

the

October 2011Volume 44, Number 3

Season of Listening

Showing Mr. Carroll the

Beef page 3

Don’t Just Listen...

DO SOMETHING! page 3

Memoranda of

Understanding

pages 7, 9, 11

PERA Update page 13

Jim Goffred, AR at Lake

Middle School, listens

to Brent Price and Mary

Boudrias during a

Listening Season build-

ing meeting.

2 The DCTA Slate—September 2011

The DCTA Slate—October 2011 3

A few Sundays ago, columnist VincentCarroll decried the lot of Denver voters. Heasserted that the school board candidates run-ning for office had “coy campaigns” filledwith fluffy pie-in-the-sky promises. In anoth-er candidate’s case, Carroll outlined a seriesof alleged inconsistencies and self-aggran-dizement. At the end of his article, he sug-gests that no one can really point out a spe-cific issue in which the school district has notrepresented the side of reform. He pointedly

asks, “Where’s the beef?” Here is the beef, Mr. Carroll. School

reform is complex and messy at times.Picking and choosing the pieces of the storythat best make your argument doesn’t presenta complete picture. Perhaps spending sometime interviewing the candidates that youtake to task would be a starting point.

Educational issues have a great deal ofcomplexity, and Arturo Jimenez, candidatefor District 5, has shown excellent judgmentwhen making decisions in regards to ourschools. He supported West Denver Prepwhen the authentic need was there, just as heis supporting the innovation proposal of theGenerations School in West High school.Both of these schools have followed aprocess in which all of the stakeholders havehad a voice in determining which direction isbest for their community.

Last spring, he did not support the slate

of innovation proposals for schools that did-n’t yet exist. Mr. Jimenez had many ques-tions about the process, especially the factthat these schools did not have the vote of thefaculty as required by law. His oppositionwasn’t political whimsy. He believed that thestakeholders should have the same opportu-nity for input as those at West Denver Prepand the Generations School at West High.

More columns like this will follow, butI’m confident that educators can see throughthe slanted, simplistic approach so many inthe media take to important education issues.As we read, listen to, and watch the news,let’s pay attention to the depth of commentsto understand if the so-called reformersunderstand the importance of sharedaccountability and educator excellence tostudent success. Let’s stay informed, andwork together to make this school boardelection a positive experience.

Showing Mr. Carroll the Beef

By Henry Roman,

DCTA President

80203

Don’t Just Listen . . .

DO SOMETHING!

My dog, Fred, is a Schnoodle (partSchnauzer, part Poodle). The Schnauzer partis supposed to make him friendly and thePoodle part is supposed to make him smart.Both parts seem to work pretty well. Fred isthe friendliest dog anyone has ever met(unless you ring our doorbell). You couldbreak into our house and he would just smileand lick you, but if you ring the doorbell, hewill growl and bark like he is ready to tearyou apart. Aside from his “doorbell anxiety,”we think Fred is very smart. He can sit, stay,shake hands, and he pretty much rules ourhousehold. The problem is, we don’t know ifhe has a part that will ever make him do whatwe tell him when we tell him.

When you talk to Fred, he cocks his headsideways, looks really cute, and acts like he’slistening – but then he doesn’t always actual-ly do what you are asking. I don’t think it’sbecause he didn’t hear what was asked; Ithink it’s because he’s smart enough to

decide whether he wants to do it. These days, it seems like everyone and

their dog is “acting” like they listen to educa-tors. I am always getting surveys to fill out,

but in many cases I don’t know if my inputactually went anywhere. We try not to belike that here in our office; please read on so

By Carolyn Crowder,

DCTA Executive Director

Continued on page 5

4 The DCTA Slate—October 2011

1500 Grant Street • Suite 200Denver, Colorado 80203

Phone: 303-831-0590 FAX: 303-831-0591Web site: www.denverclassroom.org

The Slate, published monthly during the school year, is the official publication of the Denver

Classroom Teachers Association.

Managing Editor: Carolyn CrowderCopy Editor: Sabrina Stevens Shupe

The Association does not necessarily endorse the companies or products advertised in The Slate,and the opinions and articles published in The Slate do not necessarily reflect the position or view of theDCTA.

SLATE ADVERTISING

The Publication CompanyJon DeStefano, • Sheldon Spector

(303) 987-3994

EXECUTIVE OFFICERS

Henry Roman, President

DCTA Office

Melissa Underwood-Verdeal,

Vice President

Henry World School

Lawrence Garcia, Treasurer

East High School

Susan Pinkney-Todd, Secretary

South High School

BOARD OF DIRECTORS

SOUTHEAST SECTOR

Pedro Camacho

George Washington High School

Open Seat

Dolly Calderon

Samuels Elementary

Erich Smeaton

South

NORTHEAST SECTOR

Cathy Moore

Archuleta Elementary

Open Seat

Eric Rapp

Amesse

Carsten Engebretsen

Waller

NORTHWEST SECTOR

Beka Brewbaker-Toney

ColfaxDiana Hernandez

TrevistaLoralie Cole

Trevista

Lynne Valencia-Hernandez

Beach Court Elementary

SOUTHWEST SECTOR

Diane Anderson

Specialized Service ProvidersZach Rupp

LEAP Project, OutreachAngela Kullhem

Henry World SchoolBenita Cervantez

Kunsmiller

CEA BOARD OF DIRECTORS

Lloyd Bourdon

Henry World SchoolAmber Wilson

Thomas Jefferson HS

Cathy Cronn (Alternate)

McClone

David Szumiloski (Alternate)

EagletonDCTA-R President

Robert AlaridDAEOP President

DCTA Mission Statement The Denver Classroom Teachers Association’s mission is to advocate for the rights and

responsibilities of all educators, and to unite our members and the community to fulfill

the promise of public education to prepare every student to succeed in a diverse and

interdependent world.

The DCTA Slate

DCTA Governing Body

By Justin Darnell

Much has changed in DPS over the lastyear, including a greater focus on providinghigh quality professional development forteachers. However, we knew we could not cre-ate quality PD without the aid of experts, andwhere better to find these experts than our veryown DPS classrooms?

Last spring, we invited a group of DPSteachers to develop learning opportunities spe-cific to their grade level and content area, andthat aligned to our new Framework forEffective Teaching. These teachers know whatworks with our students, so they created onlinecourses around these key ideas and strategies.Each course is facilitated by this same group ofteachers and provides an opportunity for partic-ipants to build upon their own knowledge andengage with a group of peers. Throughout thecourse, participants learn how to implementthese proven techniques, discuss their learning,share their own ideas, and collaborate withpeers in a learning lab. With a focus on imme-diate application and consistent support, partic-ipants are able to improve their instructionalpractice and better meet their students’ needs.

Please help us congratulate these expertteachers for their hard work: Sarah Johnston,Anita Rodriguez-Harman, Beth Vinson, MargoMertaugh, Marianne Berge, Gary Bloom, AmyMartinson, Cat Tobiasson, Sarah Smith, DavidWeiss, Tami Taylor, Nadia Lee, BridgetteWeiss, Jesse Sanschaper, Cheryl Osgood,Andrea Weisman, Joe Dziedzic, Jessica Rose,Daniel Conner, Will Taylor, and MeganBrzezinski.

If you are interested in taking one of thesecourses aligned to the Positive ClassroomCulture and Climate, High Impact InstructionalMoves, and 21st Century Skills expectations,then please register in Schoolnet. They beginNovember 1st and can be part of any PDU,PGP, or work of a school team. Watch thisvideo on how to register in Schoolnet.http://bit.ly/expertpd

Expert DPS

Teachers

Create PD

for Their

Peers

The DCTA Slate—October 2011 5

you can see that DCTA leadership and staffaren’t just a bunch of cute faces that listen,but are committed to follow through on whatwe hear.

The HEAT issue: Many DCTA mem-bers brought to our attention that the heat atthe beginning of school (especially inschools without air conditioning) was caus-ing heat related health issues for teachers andstudents as well as making it extremely hardto teach or learn anything.

We heard and acted: After the firstcall to our office regarding the heat, DCTAstaff and DCTA president Henry Romanresearched the issue, we delivered water bot-

tles and ice to schools without air condition-ing, we took the input we got from theseschools to the superintendent – and are nowworking with the district to address this issuein time to affect the calendar for the 2012-2013 school year. You will be getting a sur-vey on this issue soon – PLEASERESPOND—so we will know whetherchanging the calendar to a later start or othersolutions are preferred.

LEAP and bargaining the next con-

tract: We have received a lot of input onhow the LEAP system is positive in someways – but in others – is overwhelming.We also get calls regarding parts of thecontract that teachers would like changed

or strengthened. Help us hear and act: We have

redesigned our website so that you don’thave to wait for a survey or building visit tolet us know what needs to be changed – justvisit denverclassroom.org/contact. At thissite you can leave messages that will godirectly to our bargaining team regardingwhat you think needs to be changed beforeLEAP or other issues become part of ourcontract.

Become a part of the ACTION: Cute-faced listeners don’t change the world, butcollective action can. Be sure to visitdenverclassroom.org/action-center to seehow you can become part of the solution.

Continued from page 3

Don’t Just Listen . . .

DO SOMETHING!

Asked Around the Office:“Why are you involved

in this school board election?”

“Because I want to elect peo-

ple who actually LISTEN to

teachers, parents, students &

community.”– Sabrina Stevens,

Communications

“It is time for Denver to look at education reform in a partnership with educators!”

“Because I believe all children deserve a liberal arts education in their own neighborhood.”

“Because we need to support our neighborhood schools and the communities these schools serve!”

“Together we can support our future generations.”

“I believe I can proactively

impact my profession by

helping to elect Board mem-

bers who really are con-

cerned about students.” – Zach Rupp, LEAP Outreach

Coordinator

“We are drinking from wells

that we did not dig. Someone

paid/worked so I could go to

school. It is now my turn to

pay it forward.”– Robert Alarid, Retired DPS

Teacher

From the Board of Directors

6 The DCTA Slate—October 2011

The DCTA Slate—October 2011 7

Many members have been asking questions about the contract,which is up for negotiation this year, as well as your rights and therules surrounding LEAP. To help keep things clear, here are theMOUs governing the current contract, the LEAP Pilot program, andthe qualifications and status of Peer Observers (as bargaining unit

members). Please remember that all of this—the contract, the currentLEAP system, etc.—is up for negotiation this year. If you believethere are things that should be changed, please let us know! Visitdenverclassroom.org/contact to leave feedback for the BargainingTeam and/or members of the Teaching & Learning committee.

Based on the current economic condi-tions and in connection with the adoption ofits annual budget, DPS and DCTA haveagreed to the following modifications of theDPS/DCTA Agreement:

• There will be no COLA in either year.• In the first year of the Agreement,

teachers on the master salary schedule willbe paid steps/lanes/longevity in January2011, as salary building elements.

• Lanes submitted between January 1,2011 and before September 1, 2011 will bepaid in September 2011.

• Any new steps/lanes/longevity will befrozen through August 31, 2012.

• The teachers in ProComp will be paid:• Full base-building incentives for receipt of a satisfactory Comprehen-sive Professional Evaluation (CPE).• All other basebuilding incentives (i.e., PDU, Advanced Degrees/Lic-enses/Certificates, SGOs (if two objectives are met) earned during the 2009/10 school year to be paid in January 2011.• In addition, advanced degrees/lic-enses/certificates submitted after January 1, 2011 and prior to Sept-ember 1, 2011 to be paid upon approval through September 2011.No new incentives for advanced degrees/licenses/certificates will bepaid through August 31, 2012.• PDUs and SGOs earned during the2010-11 school year to be paid as anon-basebuilding incentives beginning in January 2012. For teacherswho complete 14 credited years of service before September 1, 2012, PDUs and SGOs (if 2 objectives met) paid as stipends will be con-verted to basebuilding increases in

2012-2013. The parties agree that similar steps will be taken in futureyears to ensure that all teachers willbe eligible for 14 years of PDU basebuilding.• Full amount of any non-basebuilding incentives earned in 2010/11 and 2011/12.

• Teachers who retire from the District,or leave the bargaining unit to assume a newassignment with the District, will be eligibleto receive ProComp incentives earned in theprior year as a lump sum payment. Lumpsum payment will be pensionable forretirees, subject to PERA rules.

• For 2010/11 and 2011/12, the partiesagree by MOU that the five district earlyrelease days and one half day of teacher plan-ning time before Spring break will bereplaced by one full student contact day andtwo SLT-directed non-student contact profes-sional development days. The parties agreeto seek to add additional paid days in thefuture and that at least the first two suchadded days will be student contact days.

• The District will pay the total amountof the PERA SAED contribution for employ-ees required under state law for 2010-11 and2011-12.

• District will continue the benefits sub-sidy at $504/year in 2010-11 and 2011-12.

• Amend Schedule 10 of Article 32-4-1 to:"Denver School of the Arts and KunsmillerSchool of the Arts performing arts, music anddesign technology arts staff, stipends.”

• The financial terms of the Agreementwill be in effect through August 31, 2012.While it is the intent of the parties that theeconomic provisions in this agreement shallremain in force and effect during its term, inorder to comply with the provisions of theTABOR Amendment and S22-32-11(5),

C.R.S., the provisions of the Agreementrelating to salaries and benefits may bereopened by the District in connection withits annual adoption of its budget.Furthermore, the Agreement may bereopened by either party if the total amountof state funding received by the District for2011-12 is at least 1.75% greater than thefunding that the District would be entitled tounder the Amendment 23 school fundingprovisions of state law.

• The Master Agreement and applicableMOUs will be extended through August 31,2012, except for Articles 13-19, 13-20 andany other provisions related to reductions inforce and direct placement, which will expireon January 15, 2011. The parties agree tonegotiate in good faith appropriate changesto these articles to implement systems ofmutual consent and reductions in force as setforth in Senate Bill 191 by January 15, 2011.Nonprobationary teachers who are currentlyon the 2009-2010 RIB list will be placed inassignments according to the process cur-rently contained in Article 13 unless prohib-ited by SB 191.

• In implementing the Gates grant, theparties also agree to pilot changes to Article10 for one year in numerous schools duringthe 2011/12 school year and shall collaboratein good faith to design such pilots. For thoseschools not participating in such pilots in the2011/12 school year, Article 10, shall remainin effect. Finally, in order to implement thechanges to Articles 10, 13 and 20, eitherparty may request negotiations to alter relat-ed provisions of the Master Agreement.

• Parties would agree to extend thereopening of negotiations around changes toProComp until after October 1, 2011 and dis-cuss any potential extensions of the opt-inprocess.

PREFACE to Memoranda of Understanding

Memorandum of Understanding

Between School District #1 the Denver Public Schools and the

Denver Classroom Teachers Association – May 19, 2010

DCTA Representative______________________________________________________

Date __________________________________________________

DPS Representative______________________________________________________

Date __________________________________________________

Where: 910 Arts Event Gallery, 910Santa Fe Drive, Denver

When: 4:30 – 7:00 p.m.Friday, October 21st • 9:00 a.m. –4:00 p.m. Saturday, October 22nd

Presented by Pamela Mich-

ael, Executive Director of the Centerfor Environmental Literacy at St.Mary’s College of California. *

Credit is available. Recerti-fication Credits from ColoradoSchool of Mines and ProfessionalDevelopment Credits fromDenver Public Schools. We willwork with other school districtsto qualify this workshop for PDcredits, as needed.

To register for this work-

shop, rsvp to rbuirgy@denver

water.org by Tuesday, October11th. Space is limited to 30 par-ticipants; additional details willbe provided to registrants.

Denver Water is thrilled topartner with Colorado Human-ities and the Center for the Bookin promoting River of Words,which provides well-establishedmethods for teaching ecoliteracyto students and teachers of allages. During this workshop, wewill provide the most compre-hensive training available toeffectively incorporate this multi-disciplinary, interactive curricu-lum into any classroom setting.Your students’ work will be eligi-ble for the annual River of Wordspoetry and art contest, as well asentry into the Colorado Water2012 competition.

*Pamela Michael is thehighly acclaimed co-founder ofRiver of Words. Pamela is theformer director of the UnitedNations Task Force on Media andEducation; she has also workedfor Save the Children (Egypt),the United States Coalition forEducation for All, the DiscoveryChannel’s Educational Divisionand many other development andeducation organizations. Pamelais the author of several books,including The Gift of Rivers andThe Whole World is Watching: An

International Inquiry into Media

Involvement in Education, as well asnumerous magazine, journal, and newspa-per articles.

8 The DCTA Slate—October 2011

DUE TO THE STRONG RESPONSE, WE’VE ENLARGED TO INCLUDE MORE PARTICIPANTS!

Denver Water’s 2011 Teachers’ Water Workshop

The DCTA Slate—October 2011 9

1. The Denver Public Schools and theDenver Classroom Teachers Association arecollaborating to support the following goals foreducator effectiveness:

a) Ensure every student is taught by anexcellent teacher and every school is led by anexcellent principal.

b) Provide teachers and principals with aclear understanding of the characteristics ofeffectiveness and provide regular feedback onindividual growth.

c) Provide teachers and principals with thetools, resources, and support they need todevelop and perfect their craft.

d) Provide excellent teachers with leader-ship opportunities to expand their impact onstudents, and share their expertise across thedistrict.

In support of the above goals, DCTA andDPS developed LEAP ("Leading EffectiveAcademic Practice"). LEAP is a multiplemeasure system, designed in collaborationwith teachers and principals, to better supportteachers and principals in developing andstrengthening their professional practice andincreasing their impact on student achieve-ment.

LEAP will highlight areas of strength anddevelopment, provide all teachers with morefocused, frequent feedback, and ensure alignedprofessional development support to identifiedareas of focus. Teacher participation in thispilot will allow research in the areas of target-ed professional development supports, inter-rater reliability with the observation tool, andalignment between the measures will be part ofthe 2011-2012 school year.

DPS and DCTA encourage all teachers toexperience the LEAP system in a “trial” envi-ronment during the 2011-2012 school year, toinform changes that will be made for the 2012-2013 school year.

2. All members of the DCTA bargainingunit evaluated under the LEAP pilots duringthe 2010-2011 and 2011-2012 school yearswill be given a Satisfactory rating for purposesof CPE under ProComp.

3. All teachers in identified pilot schools

will be evaluated under the pilot unless deter-mined by Principals based on evidence frommultiple classroom observations as needing tobe evaluated under the current evaluation sys-tem. Determination must be made prior toDecember 16, to revert to the current systemvs. LEAP. After December 16th, theInstructional Superintendent may approveprincipal recommendation of teacher removalfrom the LEAP pilot based on documented evi-dence of a new or continued significant per-formance decline. Such documentation shallbe shared with the teacher. After any removalfrom LEAP, a principal is required to conducta special appraisal, as outlined in article 10, todetermine if a remediation plan is necessary. Ifa teacher, removed from LEAP, is successfulwith either the current evaluation system,and/or an ensuing remediation plan, thatteacher has the right to return to the LEAPpilot.

4. ProComp teachers who remain in theLEAP system next year will receive CPE cred-it under ProComp for a satisfactory evaluation,if it is their regular evaluation year.

5. Observation notes from PeerObservers, Administrators, or any other evalu-ative observations under LEAP cannot be usedby either party for purposes of teacher dis-missal during or after the LEAP pilot for the2011-12 school year.

6. Probationary teachers participating inthe pilot and receiving a satisfactory CPE rat-ing may still be non-renewed by the district,pursuant to Colorado statute.

7. If LEAP pilot data is released publiclyfor research or professional development out-side of pilot purposes, names will be redactedor permission granted by the affected teacherin a case-by-case basis per artifact. DPS is notrestricted from releasing individual teacherdata to McREL, Teach for America, The NewTeacher Project*, Denver Teaching Fellows,the Denver Teacher Residency Program, otheralternative licensure or teacher preparationpartners, and other mutually agreed upon enti-ties for purposes of program administration,evaluation, research, or targeted professional

development regarding the teachers in theirspecific program(s). Each of these entitiesshall sign a confidentiality agreement. Saidagreement shall provide that the entity mayonly use LEAP data within the defined scopeof its partnership with DPS. LEAP programcoordinators may use individual data to informdecisions regarding district professional devel-opment.*TNTP may only access teacher iden-tifiable LEAP data of the teachers participatingin the TNTP licensure pilot.

8. All of the teachers participating inLEAP next year will also have an opportunityto provide important feedback on the develop-ment of the system moving forward throughsurveys, focus groups, a LEAP website feed-back tool and meetings with members of theLEAP implementation team.

9. Schools will elect to participate in the2011-12 pilot by secret ballot, confidentialvote conducted by a teacher representative ofthe SLT. Schools who are participating in the2010-11 pilot will conduct a vote to continue inthe 2011-12 pilot. All bargaining unit memberswill be eligible to vote. A simple majority ofthose voting will determine participation in thepilot.

10. Before the end of the 2010-11 schoolyear, LEAP design teams shall be returned tofull membership as needed for 2011-2012.DPS and DCTA shall each develop a candidatelist and collaborate on the selection of newmembers.

11. Beginning in the spring/summer of2011, and throughout the course of the 2011-2012 pilot, the LEAP project team will collab-orate with a sub-committee of the LEAPdesign teams, as determined by the co-chairs,in order to review pilot feedback and analysis,and to create recommendations about possiblechanges and improvements to the LEAP sys-tem.

12. During the 2011-12 school year, thePPWG will review feedback on the LEAP sys-tem, provide input into changes to the systemand make recommendations as to any neces-sary changes to the contract to implement theLEAP system in 2012-13.

Memorandum of Understanding

Between The Denver Classroom Teachers Association And

School District No. 1 Denver Public Schools

LEAP Implementation

DCTA Representative

By: __________________________________________________

By: __________________________________________________

DPS District 1 Representative

By: __________________________________________________

By: __________________________________________________

10 The DCTA Slate—October 2011

The DCTA Slate—October 2011 11

This Agreement is entered into betweenthe DENVER PUBLIC SCHOOLS(“District”) and the DENVER CLASSROOMTEACHERS ASSOCIATION (“DCTA”). TheDCTA and the District believe the optimumstudent performance can be achieved only ifthere is a qualified teacher in every classroomand qualified evaluators working with eachschool site. They have jointly developed theGates Accelerator grant which will include thedevelopment of a teacher evaluation system,including an analysis of the current teacherevaluation system, to examine current practiceand the creation of a process that accuratelyreflects a teacher’s performance, includingeffective and consistent implementation of thesystem. Included in the project’s design teamwork regarding the creation of a new process,the parties want to review the effectiveness ofpeer observation. In order to engage in a pilotstudy of a peer observation element of animproved evaluation process in January of2011, Denver Public Schools has fundedapproximately 8 positions to support the roleof peer observer.

Accordingly, in regard to the terms ofemployment for the peer observers, the partiesagree as follows:

1. To enter into this Pilot peerobserver/evaluator/reviewer role, the purposeof which is to inform the evaluation process, toprovide inter-rater reliability and to assistteachers employed by the District in the devel-opment of proficiency in performance of theirduties and to test the components of theProject design team’s peer observation ele-ment(s).

2. To establish a peer observation pro-gram, on a trial basis, in which the District willemploy the peer observer as a Teacher onSpecial Assignment (TOSA) whose primaryresponsibilities are described in the attachedjob description. No less than 50% of the peerobservers hired for the pilot will have been inthe classroom 2 of the last 4 years.

3. The parties agree that the peerobservers shall be considered eligible formembership in the Association. While theywill continue to be members of the bargainingunit, the following articles of the DCTA/DPSAgreement are waived and are not applicableto the peer observers:

Article 7 (Grievance Procedures) – TheArticle 7 provisions on grievances shall applyonly to grievances by peer observers againsttheir supervisor. Furthermore, the Associationshall have no right to representation of the peerobserver in the event that a teacher grieves anyaspect of the evaluation process in which thepeer observer participates.

Article 8 (Professional Standards) – TheArticle 8 provisions on professional standards,including, but not limited to, the provisionspertaining to the contract year and the workweek, shall not apply to the peer observers.

Article 10 (Performance Evaluations) –The Article 10 provisions on PerformanceEvaluations shall be waived for the peerobservers. The evaluation process for PeerObservers will be in alignment with the dis-trict’s Employee Performance ManagementProcess, including the forms, goal setting andaccountability to district success factors,unless otherwise determined by the designteams or project leadership team and approvedby the Steering Committee.

Article 13 (Assignments, Schedules andTransfer) – The Article 13 provisions onassignments, schedules and transfers shall notapply to the peer observer. Peer observersshall continue in their role as observer at thediscretion of the Executive Director, TeacherEffectiveness, unless otherwise determined bythe design teams or project leadership teamand approved by the steering committee..Observers who have non-probationary status,who are removed from their role as a peerobserver, shall have the right to return to theclassroom, in a position for which they arehighly qualified. This pilot is for the 2010-

2011 school year only. Continued employ-ment in the peer observer role will depend onwhether the program itself is continued and/orwhether the individuals involved in the pilotare selected to continue in their role.

Article 31 (Salary) – The Article 31 pro-visions on salary shall not apply to the peerobservers. Salary will be set by district admin-istration, but the salary for the peer observerset by the District Administration shall not belower than the annual base salary that theywere earning as a DCTA bargaining unit mem-ber prior to taking the peer observer role. Thepeer observer shall be entitled to this level ofcompensation only during the period in whichthey serve in this capacity. Observers shall notbe eligible for incentives under ProComp orany other compensation in Articles 31 or 32. Article 32 (Extra Duty Compensation) – TheArticle 32 provisions on extra duty compensa-tion shall not apply to the peer observers.

4. Should the pilot not be implemented in2010-2011, the peer observers that had earnednon-probationary status prior to entering intothe peer observer role shall have the right toreturn to a classroom teaching position orother position to support other aspects of theGates Teacher Performance ManagementProject as may be identified.

Unless otherwise determined as part ofthe pilot, teachers participating in the pilotwho are identified for remediation will also beevaluated according to the current evaluationdocument and procedures per Article 10 of theDPS/DCTA agreement.

5.. This is not a precedent setting MOUfor any other positions within the District andthe District reserves the right to classify thisposition as needed in the future.. Any addi-tional elements agreed upon by the ProjectSteering Committee for the 2010 – 2011 pilotprior to the implementation of the pilot can beconsidered as part of the project unless it altersthe agreed-upon salary, contract rights orworking hours of the Peer Observers.

Memorandum of Understanding

Between The Denver Public Schools (“District”) and the

Denver Classroom Teachers Association (“DCTA”)

Dated: __________

DENVER CLASSROOM TEACHERS ASSOCIATIONBy: __________________________________________________

By: __________________________________________________

Dated: __________

DENVER PUBLIC SCHOOLSBy: _________________________________________________

By: ________________________________________________

12 The DCTA Slate—October 2011

LAST NAME FIRST NAME SCHOOL

Mehran Ahmed HenryDarcy Bauer SchmittJodi Carlson LakeCecilia Coats TellerDavid Custer SmithJeffrey Daniels GilpinTherese Duran KepnerChristopher Faulkner George Washington HSCharlie Gaare Bill RobertsGeorgina Garcia Valverde ElemBriseida Gomez GoldrickClaudia Gonzales Cole Arts and ScienceAnyel Groher Bryant-WebsterHeather Hartman College ViewSophia Kirshner CowellRyan Lawrence LakeJane Lineman GilpinIcaro Mardones Abe LincolnGrant Marsik Thomas JeffersonJose Martin-Medina MSLAJackie McSherry EdisonSara Mercadante KunsmillerCorie Rajala SlavensSusan Richards Mckinley-ThatcherRosa Rios-Becerra ForceLauren Shaw Green Valley ElemAaron Sheppard Abraham LincolnHannah Shippey Fox Street-Student

ServicesChere Smith MontbelloCacia Steensen MontbelloLidia Taira ValverdeJodi Vigil William RobertsKyle Wade Montbello

Welcome

New Members

Representing DCTA members

since 1978

The best law you can practice is preventive

law. Do not hesitate to call for information

or help when you need it.

Law Offices of:

William B. King1660 S. Albion St.

Suite 1110

Denver, CO 80222

(303) 331-1927

Steven Goldstein5299 DTC Blvd.

Suite 1350

Greenwood Village, CO 80111

(303) 283-8888

DCTA Group

Legal Services

The DCTA Slate—October 2011 13

By John MacPherson

It’s hard to believe it’s fall already!There hasn’t been much pension news in theforefront over the summer, even though theDenver Post attempted to concoct a “scan-dal” about PERA over the July 4th weekend(https://www.copera.org/pera/about/issues.htm#7511). Quite a bit has been going onbehind the scenes. I’ll summarize some ofthe highlights (both positive and otherwise)below, and expand on some of the stories inmore depth later. I realize this article is quitelong, but that’s what happens when I take amonth off.

PERA membership & benefits: as ofMay 31, 2011 total membership (comprisedof active and inactive members and benefitrecipients) in PERA was just over 478,000.This includes about 22,000 in the DPS divi-sion. In 2010, PERA paid out over $3.1Billion in pension benefits, with more than90% being paid to Colorado residents. Withtotal employer (aka “taxpayers”) contribu-tions of $637 Million for 2010, that a prettygood return on investments for the citizens ofColorado.

PERA assets & investments: totalassets for all divisions of PERA were justabove $38.7 Billion at the end of 2010. Thismakes PERA the 21st largest U.S. pensionplan and the 60th largest worldwide.Investment returns came in at a positive 14%for the year which added over $4 Billion tothe net assets. The PERA Investment Staffaccomplished this with an average expenseratio of .3%. Even Vanguard would find thathard to beat.

Annual increase effective 7/1/11: withPERA’s positive investment returns for the2010 calendar year, a 2 percent COLA waspaid with the July benefit in 2011. Thechanges in the amount and effective date ofthe COLA were major components of Senate

Bill 1, which became law in 2010.SB-1 Lawsuit dismissed: on June 29,

2011, a Denver District Court judge granteda motion by PERA and the State of Coloradoto dismiss the lawsuit filed as a result of theenactment of last year’s Senate Bill 1. Agroup of PERA retirees filed suit days afterthe legislation was signed into law, claimingthat their constitutional right to receive anannual COLA had been impaired by the pas-sage of the legislation. In his ruling, JudgeRobert S. Hyatt noted “…..For 40 years theCOLA formula has been subject to signifi-cant change without ever unconstitutionallyaltering the base pension payment toretirees.” About a month later, the plaintiffsannounced that they had filed an appealagainst the dismissal of their case.

Treasurer continues assault on PERA:

Colorado State Treasurer Walker Stapletoncontinued his assault on PERA over the sum-mer. He asserts that the PERA assumedinvestment return on average of 8% per yearis unattainable – ignoring that PERA hasaveraged 9.3% over the last 25 years.Stapleton has appeared on bogus investmentradio shows referring to PERA as a “PonziScheme,” while the hosts hype annuity prod-ucts that guarantee a 7% return. He wantslocal governments to have the authority toraise the rates of their employees’ contribu-tions to PERA, supporting a bill which diedin committee during the last legislative ses-sion. Recently, Stapleton requested informa-tion regarding individual records of the top20 percent of PERA retirees based on benefitlevel. The PERA Board of Trustees, takingvery seriously the responsibility of maintain-ing the confidential information of their478,000 members, directed staff not to pro-vide the member information requested byStapleton.

DPS lambasted in front of SEC: The

2008 DPS $750 million (now $792 million)PCOPs issue hit the big time in late July aspart of a hearing on municipal securitiesconducted by the Securities and ExchangeCommission. DPS was the focus of unwant-ed attention and the butt of being someone’sexample of how not to do enterprise financ-ing. At issue was the fact that DPS paid $40million more than it should have betweenApril 2008 and April 2011. Andy Kalotay,noted expert in finance and derivatives, tes-tified about what he called “Wall Street’smulti-billion dollar hidden tax on MainStreet through poorly structured bond andswap transactions.” Kalotay used DPS asthe model of how the tax is levied and col-lected. Kalotay stated, “To my knowledge,no respectable corporation has ever donesuch a deal. What is truly scary is thatmunicipal issuers such as DPS don’t seemto realize that they are unwitting guinea pigsin these dubious experiments.” The original2008 DPS deal was led by then-Superintendent and now U.S. SenatorMichael Bennet and then-COO and nowDPS Superintendent Tom Boasberg.

PERA Shareholder Meetings: PERAexecutives will travel around the Stateduring the months of September andOctober to present information to PERA’s“shareholders” and the public about cur-rent PERA issues as well as reviewPERA’s financial position. After a briefingabout PERA, a question-and-answer ses-sion will follow. These town-hall typemeetings are open to the general publicand especially PERA members andretirees. You are encouraged to attend andget information “first hand” from thosewho know. You can find the ShareholderMeetings schedule on the PERA website athttps://www.copera.org/pdf/Shareholder/

ShareholderMtg11.pdf.

PERA Update

14 The DCTA Slate—October 2011

November 1,

Election

Day!

Ballots will

be arriving

at voters'

homes around

October 11-15.

Here's a link

with all the

locations

where they can be

dropped off:

http://www.denvergov.org

/clerkandrecorder/Clerk

andRecorder/Elections

Voting/VoterInformation/

20111101Coordinated

Election/tabid/440260/

Default.aspx

The DCTA Slate—October 2011 15

Be The Change–MAKE THE

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16 The DCTA Slate—October 2011