April 14, 2023 Settlement Agreement
Page 4 of 6
Special Education (Article VI, Section HH) (pg 17-18 of PDF)
Change in language allows both special education and general education teachers the ability to use early release
for IEP meetings. Elimination of the “where feasible” language regarding computers, phones, and teaching tools.
Rationale: The addition of early release for general education teachers allows more flexibility in scheduling IEP
meetings. The elimination of “where feasible” acknowledges that computers and teaching tools are necessary for
the work of special education teachers.
Assignments and Transfers (Article VII) (pg 19-21 of PDF) and Teacher Transfer Program Workgroup (MOU) (pg
73 of PDF)
The change expands the specialty teacher exceptions protection to elementary teachers in positions with no
teacher certification (e.g., student services coordinators). Agreement to modify the selection and notice process
for teacher transfer, providing a right to any teacher not selected to receive a written explanation as to why they
were not selected for a posting. Non-substantive update to language that needed to be updated regarding the
requirements for posting of tentative line assignments. Continuation of teacher transfer workgroup (see below).
Rationale: The employer was unwilling to make any substantive changes to the current teacher transfer process.
They refused to expand transfer options for probationary 4 teachers, nor were they willing to increase the number
of transfer periods per year. However, the parties were able to agree to the above changes, which will benefit
teachers. HSTA finally succeeded, after many years, to obtain equity for elementary teachers who are in specialty
areas. In addition, during the transfer process, teachers frequently express frustration about being left in the dark
as to why they were not selected. The new language allows teachers to make and receive such a request.
Teacher Protection (Article X) (pg 22-27 of PDF) and Extended Emergency School Closures (new MOU) (pg 79-81
of PDF)
Addition of subtitles to Article X, making the sections easier to navigate and understand. New contract language
includes providing protection of confidential personal contact information; the right to a workplace free from
discrimination, harassment, and/or bullying; requirement of the administration to document action taken around
health and safety complaints; and due process improvements for those teachers placed under investigation.
In addition, the parties agreed to a four-year pilot program to address emergency school closures. The pilot
program will supersede Article X, Section G for the duration of the contract. The language in the pilot outlines a
process to be used for extended emergency closures and how they impact teachers. The agreement includes a
definition of “emergency” and how and when a school is closed; requires notice of the closure to HSTA; and
allows for a pivot to an alternative instructional mode if the closure will be for more than three days.
The language also provides a timeline and protections for teachers, including requirements for equipment,
resources, preparation time, and language which holds teachers harmless if they are unable to pivot due to
extenuating circumstances related to the cause of the emergency closure. The timeline of an emergency closure
includes the following: One day or less, teachers may be asked to use the time for self-directed teacher
preparation or professional development (no expectation to report to campus); if the closure is two days long, the
administration has the option to hold professional development or staff meetings, teachers will have the option
to participate virtually; if the closure is for more than two days (three days or longer), the administration may
trigger a pivot to an “alternative instructional mode.” In cases where the pivot lasts more than ten days, teachers
will be provided a half-day to prepare for the students to return to campus.
Rationale: Outside of compensation increases, this topic was the most contentious at the negotiation table. Due to
COVID-19 closures in the last three years, school closures and pivoting to other instructional modes have created
disagreement along with many discussions, grievances, and even unfair labor practice complaints. This topic was a
priority for the employer and they would not agree to a settlement without some sort of language change