To Interim Superintendent Kristopher Schuh and Jeffco District Leadership, 

It is the position of the undersigned that every school kitchen in Jeffco should be open and serving a hot grab-n-go lunch during lunchtime (11am-1pm) throughout remote learning, which starts on Nov. 30 of 2020 as other metro area districts, such as Denver, Aurora, Boulder, and Cherry Creek, are doing. 

The USDA has provided funding so that we as a district can provide a free hot meal to every child.  I feel very strongly that Jeffco should be moving heaven and earth to make this accessible and not placing roadblocks in the way of students accessing these meals. The decision to limit food sites to just 15 out of the usual 156 school buildings makes the program inaccessible for many families.  Instead, students and families within walking distance of their regular community school should be able to continue receiving free meals from their home site.  All 156 school sites should be serving meals, as usual.  

The current pivot into remote learning is different than last spring. We aren’t all home this time. Many parents will be working, potentially leaving older children at home to feed themselves and siblings.  Families may not reasonably be able to travel miles to pick up food at one of the few open sites.  

Further, the district has announced that pre-K students, special needs students, and the children of educators may be in the buildings during remote learning.  This leads me to believe that there’s demand for nutritious, hot school lunches to be provided not only to the students in our neighborhoods, but to the in-person children as well.  Full kitchen staffing is required to meet this need.  

I and many other food service workers see first hand the important role that school-provided food plays in many families’ lives.  Let’s not take that away from our most vulnerable group at a most pressing time.  I and my undersigned allies urge Jeffco Public Schools to stay the course, open our doors, and serve free hot meals at every school to our community children. 

Sincerely,

Cody Knopf, JCSFSA President & the undersigned allies

Brooke Williams, JCEA President

Rev. John Anderson, Head Pastor at Trinity Presbyterian Church of Arvada on Behalf of Coloradans for the Common Good

Cindy Fuqua, JCAEOP President & Nancy McCanless, JCAEOP Vice President

Judy Grounds, JCSSA Vice President

Wally Maistryk, JCTA President

Tim Allport, President of Jefferson County Security Association

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To: Kristopher Schuh

November 19, 2020

It is the position of the undersigned that every school kitchen in Jeffco should be open and serving a hot grab-n-go lunch during lunchtime (11am-1pm) throughout remote learning, which starts on Nov. 30 of 2020 as other metro area districts, such as Denver, Aurora, and Cherry Creek, are doing.

The USDA has provided funding so that we as a district can provide a free hot meal to every child. I feel very strongly that Jeffco should be moving heaven and earth to make this accessible and not placing roadblocks in the way of students accessing these meals. The decision to limit food sites to just 15 out of the usual 156 school buildings makes the program inaccessible for many families. Instead, students and families within walking distance of their regular community school should be able to continue receiving free meals from their home site. All 156 school sites should be serving meals, as usual.

The current pivot into remote learning is different than last spring. We aren’t all home this time. Many parents will be working, potentially leaving older children at home to feed themselves and siblings. Families may not reasonably be able to travel miles to pick up food at one of the few open sites.

Further, the district has announced that pre-K students, special needs students, and the children of educators may be in the buildings during remote learning. This leads me to believe that there’s demand for nutritious, hot school lunches to be provided not only to the students in our neighborhoods, but to the in-person children as well. Full kitchen staffing is required to meet this need.

I and many other food service workers see first hand the important role that school-provided food plays in many families’ lives. Let’s not take that away from our most vulnerable group at a most pressing time. I and my undersigned allies urge Jeffco Public Schools to stay the course, open our doors, and serve free hot meals at every school to our community children.

Sincerely,
Cody Knopf, JCSFSA President & the undersigned members

The post Open Letter to Supt. Schuh, Stop the Furloughs, Feed Our Students appeared first on JESPA.

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Dear Governor Polis 

It’s time to lead.  It’s time to stop deflecting the decision making about public health during the pandemic onto local agencies, and stand up as our elected leader.  Your actions, or lack of actions, are creating a dangerous partisan divide among Coloradans.  It’s time to lead.  It’s time to make the science-backed choice and bring all government and agencies together to do what’s best for citizens. 

We educational support professionals in Jefferson County Public Schools (JESPA) risk furloughs and layoffs now that the district is returning to mostly remote learning, but we risk our lives when we stay in school.   

We applaud your recent effort to start a special legislative session to focus on providing needed support for the unemployed and families.  It’s a step in the right direction.  Yet, even as you convene this session, our district is currently deciding how many of us to furlough and for how long.  We are the people you claim to want to support; we need more leadership from you and we need it now.   

It’s time to lead.  Please call for coordination from all levels of government and all agencies from the top down.  Please demand that all agencies, school districts, employers, and government give us clear, science-based directives that prioritizes public health over economic progress, including financial supports for school districts keep workers like us employed. Please do what’s right for citizens now.   

It may be difficult to close up the economy right before the holidays, but your decision to delay that only causes more overwhelm to our hospitals and death to our citizens, and prolongs the period of time which we will be unemployed as the pandemic rages out of control.  You have the power to lead, and we need your leadership now.   

Sincerely, 

Lara Center, JESPA President on behalf of the roughly 4,000 educational support professionals of Jeffco Public Schools 

The post An Open Letter to Governor Polis Regarding the COVID Pandemic appeared first on JESPA.

We know that this action could have negative consequences for support staff across the district, so JESPA continues to demand:

• increasing staffing of essential worker jobs
• creative solutions to address student needs and keep workers working in the best interest of students
• More supports and access for our students, not less, including access to wi-fi, materials, devices, meals, tutoring, and 1:1 supports.
• a voice and a vote in ongoing decisions that will impact our dedicated support professionals

It’s more important than ever that you’re a part of the solution to the big challenges facing our workforce today. Join JESPA and give your thoughts on the best way to nagivate remote learning by taking this three question survey.  

Sincerely,

Lara Center

Library Paraprofessional & JESPA President

Remote School Can’t Happen without ESPs!

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Because of a failure to communicate, other employees showed up to work in the terminal not knowing that the building was closed due to COVID-19.

The State of Colorado Department of Public Health and Environment reports on outbreak data, which is updated each Wednesday after the weekly outbreak surveillance report is published. https://covid19.colorado.gov/covid19-outbreak-data

The outbreak data for the West Transportation terminal shows 12 active cases among staff.

Executive Director Vicki Flores emailed Kristopher Schuh, Jeffco Superintendent and Julie Wilken, Director of Health Services and COVID-19 Incident Commander about the need to be transparent about district COVID-19 outbreaks and to publish data on the district’s dashboard. 

Julie Wilken responded, “It is the law to report all outbreaks. The west transportation outbreak is now closed and no longer associated with any risks to any employee. The reason this is not identified on the Dashboard is because I will not agree to distinguish between staff and students or remote or in-person staff or students on a public facing website. Posting on a Dashboard an administrative building outbreak or a bus terminal site outbreak, immediately focuses the outbreak to the public directly on our staff. This is inappropriate to their privacy rights.”

JESPA believes that Jeffco staff have a right to know when there is an outbreak of COVID-19 in a building.  Many of the members we represent work across many buildings and travel to sites without any knowledge of a COVID outbreak. 

By hiding information that they are legally required to report anyway, the district is also violating the terms of the Memorandum of Understanding negotiated with both JESPA and JCEA.

The post COVID-19 Outbreaks in Admin Buildings appeared first on JESPA.

Review their procedures here:

As always, front line workers are the barrier between safety and danger, equity and unfairness, order and chaos. If you see something unsafe at your worksite or you have first hand knowledge of a violation of these COVID procedures, speak up! Contact you JESPA Rep. Your effort could save lives.

The post COVID-19 Procedures According to Jeffco appeared first on JESPA.

Memorandum of Understanding

Jeffco Public Schools (the District) is committed to offering high quality education while offering safe-guards for the health and well-being of students and staff. Therefore, the District has developed a Restart Plan with full consideration to the health, safety and wellbeing of our students and employees.

This was done by monitoring recommendations and guidance from various key sources including Jefferson County Public Health, Colorado Department of Public Health and Environment, and the Centers for Disease Control. In addition, the district monitors recommendations and guidance from the Colorado Department of Education and the State of Colorado. All the recommendations and guidance from these sources drives the development of a safe Restart Plan, and the District is in compliance with all laws and public orders, and is following the resolution from the Jeffco Public Schools Board of Education passed June 13, 2020, which outlines conditions and expectations for the Restart Plan.

The District will continue to monitor recommendation, guidance, and public health information to make adjustments to the health and safety work protocols for our staff. This memorandum of understanding captures the efforts Jeffco Public Schools and JESPA agree to take to ensure the 2020-2021 school year is opened in a safe way for students and staff.

Communication

The District will create a collaborative monitoring committee with members appointed by the Superintendent after an application process and association recommendations. The committee shall consist of members of the JESPA, JCEA, administrators, and parent/community representatives. The committee is created to monitor Colorado and Jefferson County pandemic conditions and school data including school infection rates, student attendance and engagement, and other pertinent data for the purpose of making recommendations for adjustment to the Restart plan, this MOU, and suggest solutions for problems that arise out of the pandemic conditions. Recommendations must be data-informed from findings and information from the Colorado and Jefferson County Public Health Departments. Recommendations will be made to District leadership after the committee agrees to the recommendation using a consensus model. Jeffco will adhere to all Colorado and Jefferson County public health guidelines at a minimum. The committee may request appropriate information and data of the District, to assist in reaching consensus.

Safety Precautions

1. School staff and students will be trained on building health and safety procedures, including descriptive signage. This will occur prior to students return to school buildings, and as needed throughout the school year.

2. Non-school staff will be made aware of all health and safety procedures, including descriptive signage.

3. Staff will self-screen at minimum one time per day, before entering a district building or using district vehicles.

4. Students will be screened upon entry to the school building, and if not cleared for entry, will not be allowed to join a cohort, class, or other group setting.

5. Entry, exit, and hallway travel times will be coordinated and controlled to minimize contact and congregation of large groups.

6. The District will require masks to be worn throughout the school day by students and staff. Face coverings may be taken off during appropriate and coordinated breaks, meal times, nap times, outdoor times in which social distance can be maintained, and when appropriate for medical or health reasons.

a. Any medical exemption will be reviewed by the District Health Services Department to validate the request and communicate the exemption to school or building administrators.

b. The failure of a student to comply with these expectations will be considered grounds for student discipline.

7. Social distancing will be practiced to the greatest extent possible, along with all other mitigation efforts, with location-specific guidelines communicated to staff and students.

8. Regular hand washing and sanitizing is required at to-be-determined times in the school setting, as developed and communicated at the school level based on the guidance from the Director of Health.

9. School classrooms and common areas will be cleaned regularly, and sanitized as needed, according to protocols developed by the Custodial Services Department. Cleaning will be completed primarily by custodial staff, with light maintenance completed by classroom teachers or other staff.

10. The District will maintain school-specific ventilation programs that meet building codes and serve student and staff safety for ventilation/air flow practices during the pandemic issue.

a. Target full-room air exchange is 7.5 to 10 air exchanges per hour.

b. Annual and other scheduled service will be completed as identified by the District Facilities Department.

c. Facilities staff will centrally monitor systems performance.

11. The District will maintain a report form, in order for employees to express concerns regarding health and safety protocols and lack of adherence to these directives.

12. The District will monitor and appropriately minimize, when possible, the volume of student contacts for itinerant support staff.

Collaborative problem solving conversation will be used to hear concerns.

Personal Protective Equipment Employees will be provided face coverings and/or face shields as necessary.

 Instruction for appropriate replacement of lost or damaged items will be provided to all schools and departments (as appropriate), and coordinated through office administration.

In the event a staff member is directed to purchase protective supplies by an administrator, these expenses will be reimbursable to the employee, with proper proof of purchase.

COVID-19 Testing, Quarantine

The District will coordinate free COVID-19 testing for symptomatic employees.

The District will assist with coordination of insurance-paid COVID-19 testing and treatment.

The District will develop, post, and update (as needed) quarantine procedures, to prepare staff for implementation in event of a need to quarantine a cohort or cohorts of students and staff.

The District will consider all relevant orders from public health sources in development and update of these plans.

In the event of a positive COVID-19 case, communication will be made to the school and department staff and student/family community considered in a cohort or close contact with the positive individual.

Employee Work Assignments

The District will attempt to have work available for all JESPA bargaining unit employees at current (2020-21 school, contract or fiscal year) hired FTE and/or GBT level for each employee. This work may be in an alternate job type, for which an employee job group (by job title/description) is deemed skilled and eligible for the work. This work change may be a full change of duties for a specified period or a change within a portion of the regular schedule (such as a single day in a week).

If an employee does not agree to accept an alternate assignment as part of their weekly schedule, they will be allowed to take leave without pay for that portion of their work. Proper training and supports will be provided, and employees should monitor their Jeffco email for updated training and support materials.

This work shall not be deemed an “administrative transfer” as that term is defined in the CBA. The JESPA and/or JESPA employees shall waive any grievance rights related to Article 4-6-1 with regard to accepting this work assignment.

Workforce Management

If needed, the District will follow the process as defined in Article 11 Reductions in Force, to address necessary changes in workforce due to the work-need impacts of the pandemic. If needed, the District and/or individual schools will follow the process as defined in Article 5-6, to address necessary changes in paraprofessional hours and staffing due to the work-need impacts of the pandemic. If determined necessary by the District, the District will consider furlough days of JESPA employees, due to the lack of work caused by the impacts of the pandemic and/or the change of school structures or models, etc. The district will meet with JESPA to discuss the furlough or other identified alternatives to a Reduction in Force as required in Article 11. Any furlough day shall not be considered a canceled work day pursuant to Article 6-9. In general, a furlough day is a District-designated day or days on which employees do not work and do not receive compensation; no other change to employment status or benefit eligibility occurs in relation to a furlough day or days.

Break in Service (Leave of Absence)

Provide an opportunity for one semester/half-year unpaid break in service. The district will provide position/job protection during the period of the break in service, culminating in rehire to same or similar position type, grade, and individual FTE, and will be restored to the same level of pay and benefits upon rehire.

An employee may apply for a break in service in two (2) consecutive semesters. Rehire from break in service into the same or similar position will not require the selection process defined in 4-4. Any placement of a rehired employee from break in service to a same or similar position will not be grievable by the association or other JESPA employees.

The break in service is unpaid, and benefits end at the end of the month in which the break in service becomes effective. The employee using the break in service opportunity will be considered part of the department and job code for any actions related to budget planning, staffing, reduction in force, furlough or other actions.

Break in Service requests for the Fall semester must be made by August 31, 2020. Break in Service requests for the Spring semester shall be made by November 30, 2020.

Temporary Hiring

The District will utilize temporary hiring as an option for filling any positions created by a break in service.

Assignment in Remote and In Person Employees that are granted remote work assignment location due to personal documented conditions will be allowed to work from home. Expectations will be developed with a direct supervisor for work completion in the remote work assignment. Employees will be available during regular department office hours, per the standard employee schedule. Employees may submit a request to modify schedule or hours to the direct supervisor. The supervisor may require modification of hours, based on work and department need. Meetings, and General Information Staff meetings and other joint meetings will be held with remote option, to facilitate attendance by remote workers and staff that prefer meeting attendance through web-meetings for social distancing.

During non-contact days, school-based employees will be allowed to work from home and/or use the school building during regular school hours, and as arranged with the building administrator.

Any employee discipline or other appropriate meeting that includes an association representative must occur with multiple methods offered (in person, remote) and allow for the employee and any association representative to participate in the same location or style.

The District is making efforts to provide equitable resources for all students, and will work with JESPA to identify any equity gaps and problem-solve appropriate solutions.

Use of Sick Leave

The District will follow all federal and state laws regarding sick leave, as currently required in the Families First Coronavirus Response Act and, on the effective date, the Healthy Families and Workplaces Act (state). The District will implement with fidelity the Emergency Sick Leave Bank, when requests are received, in a timely manner. The District will regularly communicate sick leave use options and rules to employees to keep staff updated on any changes.

Employees should not report to work when ill, but use appropriate sick leave accruals. Employees will not be disciplined for appropriate use of sick leave, or use of leave without pay if there is no sick or other leave available.

Modifications

This agreement may be modified, altered, changed, amended, or terminated only by mutual consent. Mutual consent must be reduced to written agreement signed by the parties hereto.

The parties agree to renegotiate the MOU upon mutual agreement and/or if federal and/or state revisions of any applicable laws or regulations make changes in this agreement necessary.

In the case of any direct conflict of any specific provision of this Agreement with Colorado and/or federal law, Colorado and/or federal law shall control. Colorado and federal law, as applicable, shall govern the interpretation of this Agreement. If any provision of this Agreement should be declared to be unenforceable by any administrative agency or court of law, the remainder of the Agreement shall remain in full force and effect, and shall be binding upon the parties hereto as if the invalidated provision were not part of this Agreement.

Expiration of Agreement.

Unless otherwise terminated as provided in this Agreement, this Agreement will continue in effect until the end of the 2020-2021 fiscal year (June 30, 2021). This Agreement may be extended or renewed after that date by mutual consent reduced to writing and signed by the parties.

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From:  CEA Legal Center

Date: August 28, 2020

RE: COVID-19 LEGAL FAQ Update – Unemployment Benefits

This memorandum serves as a guidance to frequently asked questions presented to the CEA Legal team regarding how to respond to the unprecedented epidemic sweeping our nation. The FAQ’s will be updated as we address questions from the field. Please be patient and understand that these circumstances present new and uncharted areas of law. CEA Legal will provide the best advice it can based on its understanding of current law however, the law is unclear in many areas.

QUESTION: When is an employee eligible for unemployment benefits?

ANSWER: An employee is eligible for unemployment benefits if the employee:

• For any reason has had reduced hours or wages (including hourly and tipped employees) OR has been furloughed and will be returning to the job.
• Has been laid off permanently with no intention of returning to their job.
• Is unable to go to work because their place of employment is closed as a result of Executive Order or other shelter-in-place order.
• Has been diagnosed with COVID-19.
• Has a member of the employee’s household who has been diagnosed with COVID-19.
• Is unable to go to work because the employee has been advised by a healthcare provider to self-quarantine.
• Has primary caregiving responsibility for a child or other person who is unable to attend school or another facility as a result of COVID-19.

Normally, resigned or refusing to return to work makes an employee ineligible for unemployment benefits. However, an employee who resigns or refuses to return to work for the following reasons may be eligible for benefits:

• Employee is a vulnerable individual and employee’s job requires in-person work near others.
• Employee cares for a dependent who is a vulnerable person.
• Employee is not able to work due to child care issues.
• The conditions of the work environment do not conform broadly to Safer at Home guidelines and thus pose a clear health concern.
• Employee is being called back to a position by the employer that is considerably different from the original job and thus unsuitable to the employee’s skills.

In order to be and remain eligible for unemployment benefits, an employee must engage in work search activities. Work-search activities include:

• Applying for a job for which the employee is reasonably qualified.
• Interviewing for a job for which the employee is reasonably qualified.
• Taking an exam required as part of the application process for a new job for which the employee is reasonably qualified.
• Contacting an employer, whom the employee reasonably believes may have available suitable work, to inquire as to whether the employer is hiring.
• Being referred to a job by a state workforce center or other entity which provides similar services.
• Adding a resume to an online job board.
• Engaging in documented use of online career tools.
• Participating in reemployment services at a state workforce center or other location where similar services are provided.
• Participating in state-sponsored or other professional job-related education or skills development.
• Creating a user profile on a professional networking website.
• Participating in networking events related to a job or occupation for which the employee is reasonable qualified.

QUESTION: Are there additional unemployment benefits due to the COVID-19 pandemic?

ANSWER: Yes, through December 31, 2020, an individual can receive an additional 13 weeks (in addition to the standard 26 weeks) of unemployment benefits.

Also, on August 8, 2020, President Trump signed an executive order to provide “lost wages assistance,” or additional payments to unemployment recipients. While Colorado has not yet finalized the amount of its payments, it is expected to be an additional $300 to $400. Any individual who is receiving at least $100 in weekly unemployment benefits will be eligible for this additional payment.

QUESTION: What is the unemployment benefits application process?

ANSWER:

1. File application online with Colorado Department of Labor and Employment.
2. Unemployment notifies and asks for information from employer.
3. Unemployment may request additional information from employee.
4. Unemployment deputy issues decision awarding or denying benefits.
5. Losing party (employee or employer) may file appeal.
6. If an appeal is filed, a hearing is held before a hearing officer (remotely). CEA Legal does provide legal representation is an appeal is filed if certain criteria is met. Please contact your local union representative for more detail.
7. Losing party may file appeal with Industrial Claims Appeals Office (ICAO) – appeal is on the record, no new hearing.

** More information can be found on the Colorado Department of Labor and Unemployment’s website, located at https://www.colorado.gov/cdle.

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