YCTA An Update regarding a pending legal issues

posted Feb 1, 2013, 7:24 AM by Yuba City Teachers Association   [ updated Apr 22, 2013, 7:00 PM ]

Reimbursement for Travel Expenses - Home/Hospital Instruction

 

YCUSD Board Policy, Ed Code and Labor Code provide for reimbursement of expenses incurred by any employee performing authorized services for the district.  YCTA brought this issue forth at the bargaining table to establish contract language that all involved might be aware of this provision.  The District refused to add it to contract language and even denied any obligation to pay for mileage for home/hospital teachers.  We were unable to resolve it through negotiations and were forced to seek legal counsel.

 

Teachers sometimes must travel to homes of our students to deliver instruction.  Students absent for school due to absence or injury for more than ten days are eligible for home/hospital instruction.  The teacher is paid their hourly rate for six hours per week to deliver five hours of instruction.  The District was denying reimbursement for mileage to travel to the student, despite Ed Code, Labor Code, and YCUSD’s own Board Policy.  YCTA sought legal representation to protect our members. 

 

The letter from our attorney to the District is attached. The District has proposed a settlement in which they agree to reimburse for mileage both in the past and in the future.  We hope to reach a final settlement soon.  You may still file for reimbursement for the travel mileage expense to deliver home/hospital instruction.  You will need to provide dates and miles traveled.  Please contact me if you may have a past claim. 

 

After we have finalized the settlement we will have a clear practice for future reimbursement.  It is regrettable that it requires the involvement of CTA attorneys to assert our legal rights, but we appreciate the progress to resolve this matter.  We had hoped to resolve it at the negotiations table instead.  Thank you to CTA.

 

I have inserted below the citations from YCUSD BP and CA Ed Code.  In addition I have inserted the language from our contract for home/hospital.  We had hoped to add the reimbursement for mileage in the contract to inform our members of their right to reimbursement.

 

Once again, representation by CTA legal counsel protects our members.  We appreciate the member who came forth to alert us that the District was denying her reimbursement claim.  Her actions help us protect all our members.  Please contact me or any other YCTA leader if you have any questions or concerns about employment matters at YCUSD.  We act together to represent and protect all members. 

 

Stay in touch, Dina

 

 

YCUSD Board Policy 3350

 

The Governing Board shall authorize payment for actual and necessary expenses, including travel, incurred by any employee performing authorized services for the district.

 

The Superintendent or designee may approve employee requests to attend meetings in accordance with the adopted budget.

 

Expenses shall be reimbursed within limits approved by the Board. The Superintendent or designee shall establish procedures for the submission and verification of expense claims. He/she may authorize an advance of funds to cover necessary expenses.

 

The Board may establish an allowance on either a mileage or monthly basis to reimburse authorized employees for the use of their own vehicles in the performance of assigned duties.

 

CA Education Code

44032.  The governing board of any school district shall provide for
the payment of the actual and necessary expenses, including
traveling expenses, of any employee of the district incurred in the
course of performing services for the district, whether within or
outside the district, under the direction of the governing board.
 
44033.  The governing board of any school district may provide for
the reimbursement of employees of the district for the use of
automobiles owned by the employees and used in the performance of
regularly assigned duties, by establishing an allowance for such use
on a mileage or monthly basis.

YCTA/YCUSD Contract

 

12.9     Independent Study/Home/Hospital Instructors

 

            12.9.1     A K-12 teacher who volunteers as an Independent Study or Home/Hospital Instructor, and who is approved by the District, will receive their hourly rate of pay as reflected on the salary schedule.  This shall not apply to full-time 9-12 Independent Study Instructors.

 

            12.9.2     Criteria for Choosing Home/Hospital Instructors (Non-Special Education)

 

                           a.      Teachers will be chosen from a pool in order of priority:

 

                                    (1)        The child’s classroom teacher.  (If the teacher is not a part of the original pool of instructors, every effort will be made to give that person a chance to be included.)

 

                                    (2)        A teacher with experience at grade level (elementary, middle school, high school).

 

                                                (a)        from the school site,

 

                                                (b)        from the rest of pool.

 

                           b.      Teachers will be chosen from the pool on a rotating basis.

 

                           c.      If two (2) teachers have the same priority, the home/hospital instructor will be picked by lottery.

 

                           d.      An instructor full-time teaching position will not be considered for more than three (3) students at a time.

 

Home and Hospital

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