Fight brewing: Teachers say Fresno County school district owes them thousands of dollars
When is an independent-study class overcrowded?
That’s the gist of an ongoing dispute in Selma, where the teachers association is accusing the school district of exceeding class-size maximums — up to 50 students in one independent-study class at one time. Selma Unified says it has adhered to its contract and looks forward to “vigorously” defending itself.
An arbitration judge will soon settle the matter.
The case stems from two educators each regularly having up to 47 students who were taking independent-study courses last school year; once, a teacher had 50 students, the teachers association alleges.
In lieu of hiring another educator, the school district saves money by “placing students in overcrowded conditions that limit teachers’ effectiveness,” the teachers association claims. It’s demanding over $25,000 in unpaid compensation for the teachers.
In a phone interview with The Bee’s Education Lab, the district’s chief human resources officer denied the claims that the school district violated class-size rules and didn’t pay teachers for their work. “We assert that Selma Unified School District has followed the collective bargaining agreement without a violation,” Wayne Dixon said.
What are the standards for class size, independent study?
Independent study is an optional alternative to traditional classroom instruction that often requires little or no educator supervision. Independent-study classes are aligned with state standards and school district course requirements just as regular classes.
Based on the collective bargaining contract in Selma Unified, the class-size cap is 32 students for middle and high school. The contract doesn’t differentiate class maximums for independent study.
By law, independent study education should be “substantially equivalent” to classroom instruction, according to the California Department of Education. The state education department advises districts to keep the student-teacher ratio for independent-study classes the same as the ratio for traditional classes. In fact, the CDE recommends a 25:1 ratio so that teachers have enough time to meet students’ individual needs through direction, resources and support.
If a class size will be over the max, the Selma contract instructs the district to obtain a waiver, saying the teacher agrees to have additional students. Depending on students’ grade levels, there are formulas outlined in the contract to calculate the extra pay for the added work of having more students.
The additional pay formula considers the number of students who are over the class-size maximum and the number of days the teacher had those extra students.
One teacher submitted timesheets for $15,303 but was compensated $3,060, the teachers association said, and the other teacher submitted $16,996 but was paid $3,399, leaving a difference of $25,839.
“Both teachers used the same formula for compensation that the district had approved earlier in the year and in prior years,” association president Roxanne Garrigus-Case said. “Our position is based on what has been done in the past.”
SUSD has compensated the teachers, provided supplemental pay and followed the contractual formula based on the agreement, Dixon said.
The teachers association, according to Dixon, is inaccurately using the elementary school formula for extra pay whereas the district used the formula for secondary grade teachers.
The elementary class caps range from 27 to 32 students, depending on the grade level and if a class has students from different grade levels.
“If we used a different formula, that would be a contract violation,” Dixon said.
Money-saving move, teachers association alleges
The teachers association contends that the district saves money with large classes. By not hiring another teacher, Selma Unified saved at least $65,000, an educator’s estimated salary and benefits, the association alleges.
Since the arbitration is pending, Dixon said he was unable to respond to the claim that Selma Unified could’ve hired more staff.
“It’s an ongoing issue that our contract and that past practice on class size and compensation is not being honored,” Garrigus-Case said about the school district, which has nearly 6,000 students and just over 300 teachers.
Going to court is the latest action the teachers association has taken in trying to resolve the issue since last year, she said.
Dixon said the school district followed the grievance procedures of the collective bargaining agreement.
Arbitration is the final grievance level, following an informal complaint, written grievance, an appeal and mediation.
“Selma Unified Teachers Association is disappointed that Selma Unified School District is willing to spend district funds fighting a legal battle,” Garrigus-Case said, “instead of compensating teachers who prioritized their students and provided the services to the district.”
This story was originally published January 23, 2023 at 5:30 AM.
