January 28: Rally in Support of Special Education Staffing!
Educators see the daily student impact of a lack of Special Education staffing, but it is clear that the District does not feel the same urgency to fix this crisis. Let’s show up in solidarity to urge the Board to settle SPED overages and to bargain like they mean it! We Can’t Wait!
Rally @ San Diego Unified Board Meeting:
- Tuesday, January 28th, 2025
- 4:30 PM - 5:30 PM
- 4100 Normal Street
The votes are in: We Can’t Wait!
Last week SDEA members finished voting on our We Can’t Wait bargaining platform. An overwhelming 98% percent of members voted YES to ratify the platform, which was built from bargaining input sessions at 160+ schools and programs and in collaboration with local and statewide coalitions. A platform with demands supported by union educators and our school communities is a platform that we can win! We will “sunshine” this platform at the January 28th SDUSD Board Meeting, which is the official notification that begins the bargaining process.
Final vote tally:
- 4448 total ballots submitted
- 4377 "Yes" votes
- 57 "No" votes
- 15 invalid ballots submitted (e.g., blank, both "Yes" and "No" checked)
SPED caseload grievances: An update & call to action
The District has finally responded to SDEA's union-wide caseload grievance.
This year SDEA filed a unionwide grievance because so many Ed. Specialists have caseloads over the contractual limits. This has been the case for years now, but going into this school year the District still had not responded to the grievance submitted at the beginning of last school year. After months of follow-up and conversations, the District has finally shared a settlement offer for a grievance settlement that addresses both years. The District is proposing monthly stipends based on the highest reported caseloads, ranging from $500 to $2000 depending on how many students were assigned.
Since it took nearly a year and a half to even propose a settlement to the 2023-24 grievance and ongoing staffing shortages have not improved, now there are two unresolved grievances related to caseload overages, for this academic year and last year. Surprisingly, the District included language that the same stipends would be used to preemptively address overages for the current 2024-25 school year.
SDEA has not signed off on this offer. It’s too little, too late.
This belated and insufficient offer does not address the urgent needs expressed by Ed. Specialists. The proposed structure of the stipends means that many Ed. Specialists would be getting less compensation as a remedy for being just as overloaded as they were in the past. Additionally, it took District leadership over a year to come up with this offer. This indicates that they simply do not share our sense of urgency to fully staff Special Education positions - a need that our educators and school communities feel acutely every day.
This is part of a bigger picture: An urgent lack of Special Education staffing.
SDEA leaders have heard over and over that while members absolutely deserve to be compensated for the extra work caused by caseload overages, their main concern is that settlement checks alone are not solving the problem of Special Education Staffing. Being over caseload impacts the ability to adequately serve our students, the District's proposed grievance settlement would provide extremely belated and shrinking checks to burned-out educators who are over caseload today.
Mark your calendar: Rally at the January 28th Board Meeting!
SDEA will “sunshine” our We Can’t Wait bargaining platform at the January 28th SDUSD Board Meeting - the official beginning of negotiations. This is also an opportunity for the District to agree to a fair settlement to our caseload overage grievances that better supports SDUSD students, and to show our strength in numbers. Through our collective action, we can make the Board feel that same sense of urgency: It’s time to fully staff our schools and demand concrete solutions to the chronic understaffing of Special Education!
- What: Rally at the San Diego Unified Board Meeting!
- When: Tuesday, January 28th, 2025 - 4:30 PM - 5:30 PM
- Where: 4100 Normal Street
- How: We’ll rally at the flagpole & walk into the Board meeting together!
Letters in Solidarity: We Are All Special Educators
We hope that everyone had a restful break and are energized for this last stretch with students in 2024 before we move into the new year. 2025 will bring new challenges for our union as president-elect Trump has threatened to cut off all federal funding to California public schools in retaliation for supporting vulnerable students and families.
11% of San Diego Unified’s budget comes from the federal government, which includes Title I funding for low-income students, Title III funding for immigrant and multilingual students, and IDEA funding for students with disabilities. We must be prepared as SDEA union educators to fight to protect our students amidst the chaos of a Trump administration that seeks to eliminate the US Department of Education, privatize our schools, and disrupt our students’ right to a high-quality public education.
Protecting high-needs students starts with taking proactive measures to address the chronic understaffing of Special Education in our district that is impacting all educators as we stretch ourselves thin to pick up the slack of ongoing vacancies. Despite the 15% salary increase that we deserved, fought for, and won in our last contract campaign, SDUSD still cannot find enough special educators to fill the growing number of vacant positions in our schools. Visiting teachers are hired to staff the vacancies, but cannot do case management that is then assigned to other Education Specialists who are already overwhelmed with caseload overages. This creates a vicious cycle where overworked educators leave Special Education, further exacerbating the staffing crisis.
The 17,000+ SDUSD students with disabilities (18% of total enrollment) can’t wait any longer for a solution to Special Education understaffing that is limiting the supports that we can provide to set them up for success. That’s why we advocated for a groundbreaking provision in the Early Retirement Incentive agreement to reimburse educators who agree to teach in Special Education positions for the cost of obtaining an Education Specialist credential. That’s also why the District needs to immediately agree to a fair settlement for our unionwide Education Specialist caseload overage grievance from last school year and provide hope to overloaded educators who continue to be case managing beyond contractual limits.
We are all special educators with the increasing population of high-needs students with IEPs in our classrooms. As the relentless special education staffing crisis continues year after year, we need to find solutions NOW when we see our students being underserved. The centrality of special education in our school system and our organizing is reflected in the We Can’t Wait contract platform that SDEA members are voting to ratify at all schools this month. As we move toward launching our contract campaign in 2025, we will be ready as SDEA leaders who have taught in special education and general education to fight alongside you to win the staffing that our students deserve!
Supporting Students with IEPs: A Collection of Resources
With the chronic understaffing of Special Education in San Diego Unified, many educators are in need of additional resources to sustainably and appropriately support their students. See a list of highlighted resources below.
Have more resources to add to this page? Send them to kennedy_s@sdea.net
Your rights in the SDEA contract
Here are some highlighted Know Your Rights flyers related to recent issues that have come up regarding supporting students with IEPs:
- For Ed Specialists:
- For all educations:
Special Education Resources from CTA
Our state affiliate has a hub of Special Education Resources to support members with a variety of issues related to Special Education:
**You will need to log into your CTA account to access some resources
- A variety of recorded webinars are available, including videos on:
- Co-Teaching
- MTSS
- Class Size and Caseloads
- IEP Rights and Responsibilities
- IEP Meetings - 3 part series meant to inform best practices for IEP team meetings for both new and veteran educators
- Answers to Frequently Asked Questions:
- Navigating Special Education as a General Education Teacher: Slide Deck - This may be useful for site-based professional learning
- Special Education Resources Guide** - This extensive guide has a clickable table of contents and provides information on:
- Special Education issues in the law, including:
- IEP Rights & Responsibilities
- Caseloads/Workload information and analysis tools
- Information about Safety, Social Emotional Learning & Mental Health
- Social Justice Tools
Additional Resources
- Disability Rights California
These are high quality resources designed for parents but useful for educators as well, both for providing to parents but also understanding what parents have access to. Includes toolkits like “Behavior & Discipline” and “Disagreements with the District.” - Special Education Rights & Responsibilities
This interactive manual from Disability Rights California includes chapters on the left to find answers to some common questions related to specific topics like Due Process, Evaluations, Early Intervention, and lots more. - Crisis & Trauma Resources Institute
These resources for critical incident debriefing could be useful for schools navigating threats and how to follow up on the impacts on the community. This includes Indigenous perspectives and not just a Western lens.
Key considerations:
Student Discipline
One of the contractual rights of SDEA members is the right to suspend students from their class for specific reasons, per 11.7.3. However, there are legal considerations when it comes to suspensions and student discipline for students with IEPs. The CTA Special Education Resource Guide breaks down these considerations in Ed Code on pages 52-55. When dealing with discipline issues in your classroom, this may be a good resource to review before meeting with administration, so you are aware of your students' legal rights to a free, accessible public education and how that relates to discipline.
Injury to Employees
Unfortunately, educators sometimes get injured - especially in chronically understaffed schools. Some things to know:
- Ed Code (44014.) specifies that appropriate law enforcement needs to be notified in the case of an attack, assault, or physical threat against any employee. Failure to make this report can result in a fine. However, a student’s age or cognitive/emotional impairment can be considered when evaluating whether a child actually had intent or ability to cause an injury. See page 55 of the CTA Special Education Resource Guide.
- Even interaction with police at school can negatively impact students and contribute to the school-to-prison pipeline, which is why there has been advocacy in California to change the law to give educators more say in whether or not to involve the police. Read this CalMatters story about AB 2441, which recently failed to pass.
- See SDUSD’s process here for what you should do if injured on the job. If there are issues with denied Workers' Compensation claims, SDEA members have access to free legal consultations.
Know Your Rights: Supporting Students with IEPs in the General Education Classroom
Our contract includes specific protections and resources to help educators appropriately support students with IEPs, particularly in classes where over 20% of students have IEPs.
- Read more about your rights and how to ask for support when needed with our new Know Your Rights Flyer
- Access lots more resources here
Do you know your options for retirement?
Whether or not you are considering retirement this year, it is never too early to learn more!
Learn more about retirement options at an upcoming CalSTRS session
CalSTRS has upcoming in-person and online “My Retirement Decisions” sessions available. Learn how to calculate your retirement benefit, choose your retirement date, beneficiary options, service retirement forms, your Defined Benefit Supplement account, and working after retirement. Slides and materials are also available here.
- 💻 Online: Thursday, December 19, 2024, 3:30 PM to 5 PM – Register via CalSTRS
- 💻 Online: Thursday, January 2, 2025, 2 PM to 3:30 PM – Register via CalSTRS
- 🪑 In Person: Tuesday, January 7, 2025, 4 PM – 5:30 PM – Hosted by SDEA, RSVP here
- 💻 Online: Thursday, January 9, 2025, 3:30 PM to 5:00 PM – Hosted by SDEA, RSVP here
- 🪑 In Person: Monday, January 13, 2025, 4 PM – 5:30 PM – Hosted by SDEA, RSVP here
Are you over 50 or turning 50 this academic year?
You may already be considering the District’s offer of a Supplementary Early Retirement Plan (SERP) for the 2024-25 academic year. The enrollment deadline is January 15th, so if you need access to an enrollment packet you’ll need to act quickly!
- Check the list of eligible or possibly eligible employees provided by the District
- See all SERP information and resources on SDEA’s SERP Information Hub
2024-25 SERP Agreement Reached
A SERP Agreement has been finalized!
Last night we finalized an agreement with the District to offer a Supplemental Early Retirement Program (SERP) for this year.
Ultimately, the District was unwilling to increase the benefit amount beyond 70% of the participating unit member’s final salary due to the impact on both the actuarial projections and the fact that other bargaining units had already settled at that rate.
More details, including timelines for informational sessions with Public Agency Retirement Services (PARS) and CalSTRS, will be sent to SERP-eligible members as it becomes available. (Not sure if you are SERP eligible? Check out section 1.1 in the agreement.) In the meantime, members considering the SERP can schedule individual appointments with CalSTRS directly if they wish. This website and this FAQ will continue to be updated.
This agreement impacts all of us!
While the details of the SERP are most relevant to SDEA members considering retirement, this agreement impacts all our members and our school communities in two ways:
- It includes an agreement to address the ongoing SPED staffing issue. The SERP agreement includes a guarantee that the District will offset the number of Ed Specialist vacancies that occur due to the SERP by reimbursing unit members – including Visiting Teachers – for the cost of obtaining an Ed Specialist credential while they continue working. Especially as we are still awaiting a response from the District regarding the Ed Specialist caseload overage grievance from last year, it is clear that we need more concrete solutions to the SPED staffing shortages.
- Early retirement incentives are a way to avoid layoffs. With enrollment lagging and the limitations of school funding, incentives for early retirements and credentials for high-need areas can reduce the need for layoffs.
SDEA members and their students were clear this past Spring: Layoffs are harmful to our schools!
Labor Council Food & Toy Drive 2024
The San Diego & Imperial Counties Labor Council is holding their annual Holiday Food and Toy Drive for union families in need.
- Submit a name: If you or another educator you know needs support this holiday season, you can submit a name for a food and/or toy voucher here as soon as possible (we have limited numbers!) but by Sunday, December 1st at the latest. (Educators, we know you normally focus on your students and their needs, but these vouchers are for SDEA members and their families.)
- Donate a toy: Drop off unwrapped toys at the SDEA office by Monday, December 2nd. Normal business hours are Monday – Friday from 8 a.m. – 5 p.m. (Note: In observance of Thanksgiving, the office will be closed November 28 – 29, 2025.)
- Volunteer: Sign up to help distribute food and gifts on December 7th!
Last Call: Priorities for the final weeks of the 118th Congress
Congress has entered its post-election session, often referred to as a "lame duck" period. While this questionable term suggests limited action, it’s a critical tie for politicians to tackle issues they avoided while on the campaign trail. With just a few weeks left of a relatively labor-friendly administration, now is the time for action!
Our national affiliate, NEA, has identified key labor priorities for this legislative session ahead of the January transfer of power. For SDEA members who care about these priorities, this is your moment to make sure your elected representatives hear your voice. Urge them to vote in a way that reflects your values, and our collective interests!
Identified NEA priorities & Actions:
Click Here for a living document with updated actions - things move fast when Congress is in session!
Tips for contacting representatives:
- Know WHO to contact: Are you advocating for a specific bill in Congress? Which chamber is currently deciding on the bill? (Does the specific bill name start with H.R. or S.?) Look up your Congressional representatives' contact information here.
- Know WHEN to contact: Contact ahead of a specific vote, or to share priorities for a future vote! Sites like GovTrack can help track the status of important bills, and allow you to sign up for alerts.
- Say WHO you are: State your name and address (so staffers know you are a constituent!) Always contact your representative.
- Say WHAT you want: Tell them the specific bill you want them to vote on if applicable, and how you want them to vote.
- Say WHY you care: If you have a personal reason, share it! If you are standing in solidarity with a specific group (like in solidarity with other NEA educators), say that.
- Know HOW to contact: Choose the most impactful form of communication possible to make sure you are heard.
Bonus: Level up your advocacy
In any democracy, the most effective advocacy takes time and organizing! Elected representatives rely on their constituents to tell them what to focus on and prioritize, especially when lots of individuals and groups are vying for their attention. In general, the best ways to make your voice heard are (in order of effectiveness:)
- In-person visits
- Phone calls
- Personalized letters or emails
- Form letters / online petitions
- Strategic social media posts tagging your representative
- Social media posts on your private page that your rep will not see
Remember, the easier an action is to do, the easier it is to ignore! One way to amplify your individual voice is through solidarity, whether that is participating in a coordinated campaign (like the actions shared by NEA) or encouraging others to take action as well. That's why signing petitions along with other union educators across the country can make a difference - but if you can pick up the phone and take a few moments to call your representative to share your priorities, that can be even more impactful. Read more about effective communication with representatives from RepresentUs.
