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Legal & Employment Guidance

Bargaining for More Time

Sample contract language for more planning time and smaller class sizes.
Published: September 9, 2024

Local unions across the country have tackled the issue of time in two ways. One, they bargain for more planning or undirected time. Or two, they bargain for smaller class sizes or more reasonable workloads.

Here are some examples:

PLANNING TIME

“Elementary school teachers in non-Enhancing Elementary Excellence (“Triple E”) Schools shall have a minimum of 410 minutes of weekly planning time including 225 minutes of individual planning time for delivery of instruction, 210 minutes of which must be scheduled during the student day. For elementary school teachers working in Triple E Schools, a minimum of 470 minutes of weekly planning time is provided, including 225 minutes of individual planning time for delivery of instruction, 210 minutes of which must be scheduled during the student day.

Individual planning time during the student day for elementary school teachers will be scheduled in blocks of no less than 30 consecutive minutes. Nothing contained herein would preclude an elementary school from using a model which provides double blocks (1 full hour) on some days of the week and none on others in meeting the above 210 minutes minimum.  

For secondary school teachers, a minimum of 210 of these 410 minutes of planning time will be scheduled during the student day and set aside for the individual planning time for the delivery of instruction. Planning time during the student day for secondary school teachers will be scheduled in blocks of no less than 40 consecutive minutes. For all teachers, if individual planning time is used for required group planning, an equal amount of time during the teacher workday will be set aside for individual planning time.  

“In addition to the non-student time referenced above, teachers assigned to the special education centers will receive sixty (60) minutes per week of non-student time for case management, billing and other paperwork demands.” — Teachers Association of Anne Arundel County (Maryland)

“Educators in elementary schools shall have 90 minutes of daily non-contact time immediately preceding or following the instructional day in blocks of not less than 30 minutes. By action of the principal in consultation with the school’s building council, individual elementary schools may choose alternative blocks of time immediately preceding or following the instructional day. Such time shall be utilized for educator determined planning, preparation, or consultation, including educator determined collaborative plan time. Administrators may require attendance at a meeting or professional learning activity that shall not consume more than 25 percent of any educator’s non-contact time per week. Supervision duties shall not exceed 35 minutes per week averaged over the school year…  

Educators in middle schools daily non-contact time shall be equivalent to at least one class period or class block… Educators in high schools daily non-contact time is equivalent to two of seven class periods or one block for a maximum of ten (10) class periods or eight (8) blocks a week. At minimum, eight (8) non-contact class periods or four (4) blocks per week shall be educator determined planning or preparation including educator determined collaborative plan time.” — Aurora Education Association (Colorado)

“High schools: Not less than the equivalent of one standard class period per day; Middle schools: Not less than the equivalent of one standard class period per day and no less than four hundred and ten (410) minutes per standard work week (prorated for partial weeks). Elementary schools: No less than 410 minutes per standard work week (prorated for partial weeks). There shall be at least one daily block of planning time of at least forty (40) continuous minutes.” — Portland Association of Teachers

OVERLOAD PAY FOR SPECIAL EDUCATION TEACHERS AND SPECIALISTS

“Special education teachers in self-contained focus classrooms: Target size is 7. Caseload threshold for overload pay is 13. Increase salary by 5 percent (2.5 percent each semester) per student over threshold.” — Portland Association of Teachers

CLASS SIZE AND WORKLOAD

“The goal of the Eatonville School District and the Eatonville School Board is to have class sizes as small as possible.

The following elementary class size caps are considered the maximum allowable:

  • Preschool: 17
  • Grades K-3: 17
  • Grades 4-5: 25
  • PE: 30
  • Music: 30

If these caps are exceeded, the District will have 10 working days to assess and develop a plan of action in conjunction with the Association. The parties will initiate the plan of action at least by the 11th day. Staff in elementary schools operating on a non-traditional schedule are exempt from this provision. This provision does not apply to RTI, class overload due to interventions, Special Education Mainstream or any other education/support program. Class size language will be renegotiated within thirty (30) working days of a double levy election defeat.

Options to consider if these caps are exceeded:

  • One day substitute per month to provide for planning
  • An extra period per week of specialist time for K-5
  • Instructional support for the classroom
  • Pay to the employee $13 student/per day above the elementary cap
  • One hour per week of para time for students over the cap

Secondary Class Size

On the 11th workday of each semester, the employee workload in secondary classrooms shall average no more than 26 students per period, with a class size of 30 to trigger overload. These calculations shall exclude students with assistants or peer tutors. If an individual class exceeds the overload level (29), overload compensation will apply. If the overall targeted average of 26 is exceeded, overload compensation will apply. Employees will only receive overload compensation for one of the two provisions, whichever provides greater compensation at the rate of $13 dollars per student per day…” — Eatonville Education Association (Washington)

“The SPS will maintain an average SPS building ratio of students to full-time equivalent teachers at no more than 26:1 for grades K-3 and 28:1 for grades 4-5… [In secondary schools] SPS will take actions to limit class size to thirty-two (32) students for core classes, in grades 6-12 (28 for grade 6 when the site uses an elementary model for grade 6) Core is defined as including English/Language Arts; World Languages; Math; Science; and Social Studies… [In secondary schools] maintain a staffing guideline of 150 students per teacher per day (when using a block or modified schedule, the total students served by a teacher each week would be 150.” — Seattle Education Association

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