APS Arbitration Update

It looks like the dustup between the Aurora Public Schools Board of Education and the teachers’ union regarding an added sixth period for high school teachers is far from over.

An administrative law judge has ruled that a measure finalized by the Aurora Public School district’s Board of Education earlier this year breaks the terms of district teachers’ contracts.

In August, the Aurora Education Association sought outside arbitration on a measure that added a sixth period to district high school teachers’ schedules for the 2010-11 school year. According to officials from AEA and APS, the judge ruled earlier this month that the move violated the terms of the district’s written contract with high school teachers.

In February, the APS board allowed the district’s superintendent to enact a list of more than $15 million in budget cuts for the 2010-11 school year, a roster that included the added sixth period.

“We see it as a ruling that says here’s contract language ... to simply impose something because you want to do something different violates the contract,” said AEA President Brenna Isaacs. “We see it as upholding the contractual collective bargaining agreement that we have with APS.”

Isaacs said that in the past, high school teachers have received extra pay for an added sixth period. Specifically, Isaacs said teachers received 20 percent of their salaried payment as payment for the added work load.

APS officials have defended the decision, pointing to the financial constraints that led to budget cuts across the district.

Earlier this year, district officials cited unprecedented funding slashes from the state level, including state cuts that ranged between $18 and $20 million to APS for the 2010-11 school year. What’s more, $16 million in cuts to the district will follow during the next two years.

Officials argued in February the added class time for high school teachers was a necessary move mandated by a shortage of funds, adding that the extra period for high school teachers equalized the student contact time with teachers from the rest of the district.

“APS was thoughtful about changes to teacher contact time. We sought legal advice, which indicated that the APS Master Agreement supported the changes,” APS spokeswoman Georgia Duran said in a statement. “At this time, we are thoroughly evaluating the arbitrator’s non-binding advisory recommendation regarding teacher contact time.”

The arbiter’s decision is non-binding, but APS officials have issued a statement saying the board would take formal action on the decision at a future board meeting. APS Superintendent John Barry said the move could mean a complete rejection or a full acceptance of the arbiter’s findings.

“The board will then make a decision about how it will respond to the arbitrator’s non-binding advisory recommendation. The decision could range from accepting it, accepting it with modification, partially accepting it or rejecting it,” Barry said in a statement. “Providing a strong learning environment for APS students continues to be a top priority.”

Isaacs said the AEA’s next step will depend largely on the board’s decision.

“Once the board makes a decision that we can give some consideration to, then it’s going to come back to our board of directors. I don’t want to put something out there prematurely,” Isaacs said. “We would hope that the board would give significant consideration to this and understand how their decision will play with teachers. High school teachers are under a lot of stress and pressure in having picked up a sixth class.

“It’s about recognizing what they’re being asked to do in a broader perspective,” Isaacs added.