AGREEMENT TO PURSUE by jayjkayelle


									                      AGREEMENT TO PURSUE

This Agreement is made by and between the SAN DIEGO UNIFIED SCHOOL
____________________, a teacher employed by SDUSD (hereinafter referred to
as “TEACHER”).

WHEREAS, TEACHER seeks to earn a credential and Masters Degree in Special
Education (hereinafter referred to as “CREDENTIAL”) from ________________
(hereinafter referred to as “UNIVERSITY”) and seeks to continue as a SDUSD
employee during his/her pursuit of said CREDENTIAL; and

WHEREAS, SDUSD seeks to invest in TEACHER’S capacity as a SDUSD
employee and has arranged with UNIVERSITY for SDUSD employees to obtain a
CREDENTIAL while continuing to be employed with SDUSD;

THEREFORE, the parties agree to the following terms:

     A.    TEACHER agrees to enter the Special Education Credential/Masters Degree
           Program at UNIVERSITY (hereinafter referred to as the “PROGRAM”) to pursue
           all studies and to graduate from the PROGRAM with a CREDENTIAL in special

     B.    Pursuit includes, without limitation, maintaining sufficient credit hours at all
           times: attending classes; timely and professionally completing all assigned course
           work; maintaining adequate grades for CREDENTIAL conferral; and
           participation in thirty (30) hours of district-designed professional development.

     C.    Graduating from the PROGRAM means to be unequivocally awarded a
           CREDENTIAL in Special Education.

     D.    Failure to pursue all studies and/or graduate from the PROGRAM is an express
           breach of this Agreement.

     E.    The TEACHER’S responsibilities to participate in the PROGRAM will include,
           without limitation: enrollment, class selection and scheduling.

      A.   TEACHER agrees to remain a full-time employee of SDUSD during his/her
           entire participation in the PROGRAM, and for at least three (3) years beginning
           with the 2009-10 school year.

      B.   Failure to remain a full-time employee of SDUSD during these periods is an
           express breach of this Agreement, except as otherwise provided in this

      C.   TEACHER agrees that beginning with the 2009-10 school year he/she will be
           available to be assigned to a certificated Special Education position within the
           SDUSD as an intern, and will actively participate and cooperate in obtaining a
           credential in special education.

      D.   TEACHER will fully and professionally meet all of his/her full time SDUSD
           responsibilities during his/her participation in the PROGRAM.


      A.   SDUSD will pay for the entire PROGRAM, including the cost of all tuition, fees,
           and books necessary toward obtaining a Masters Degree in Special Education.

      B.   SDUSD will not pay the costs of any housing/lodging, food, parking,
           transportation, or materials and supplies associated with the PROGRAM.


      A.   If TEACHER fully complies with the terms of this Agreement, expressly
           including without limitation, the full-time employment provisions, the Special
           Education assignment provisions and the PROGRAM graduation requirements,
           he/she will have no obligation to repay any costs incurred by SDUSD that are
           associated with TEACHER’S participation in the PROGRAM.

      B.   If TEACHER breaches this Agreement, he/she will be obligated to repay, in full
           or in part all costs incurred by SDUSD that are associated with TEACHER’S
           participation in the PROGRAM. In the event of a breach, the amount TEACHER
           is obligated to repay will be adjusted down by the percentage of the three (3) year
           work requirement that has been completed at the time of the breach.

      C.   The following will not be considered a breach of this Agreement:

           1. TEACHER leaves employment with SDUSD during the applicable period
              covered by this Agreement, and/or is unable to complete the PROGRAM, due
              to the existence of a documented “serious health condition” as defined by the
              Family and Medical Leave Act;
               2. TEACHER leaves employment with SDUSD during the applicable period
                  covered by this Agreement, and/or is unable to complete the PROGRAM, due
                  to other extraordinary circumstances which render TEACHER unable to be
                  employed by SDUSD or any other person or entity;

               3. TEACHER is reassigned to a bargaining unit position out of Special
                  Education by SDUSD, but chooses to remain in the PROGRAM.

               4. TEACHER is released from employment by any action initiated by the
                  SDUSD unrelated to the TEACHER’s successful participation in the

        D.     TEACHER agrees to the following terms of TEACHER’S repayment, where

               1. TEACHER agrees to repay amount owed within twelve (12) months of breach
                  of Agreement.

               2. The parties to this Agreement may mutually agree upon an alternative
                  repayment schedule. SDUSD will immediately notify SDEA, in writing, of
                  any alternative repayment schedule mutually agreed upon between the
                  TEACHER and SDUSD.

V.      UNDERSTANDING. The SDUSD and Teacher understand and agree that this
        Agreement shall be an addendum to, and part of the Memorandum of Understanding
        between SDUSD and the San Diego Education Association (SDEA) on Special
        Education Certification Program.

VI.     APPLICABLE LAW. This Agreement is made and will be interpreted under the laws
        of California.

VII.    ARBITRATION. The parties agree to settle all claims arising out of this Agreement
        through binding arbitration of an agreed upon neutral arbitrator. In the event, that a
        neutral arbitrator cannot be agreed upon, the parties will request a list of five (5)
        arbitrators from the California State Mediation and Conciliation Service, and will
        determine an arbitrator by alternatively striking names until one name remains. The order
        of striking will be determined by lost. The costs of arbitration will be borne equally by
        the SDUSD and the Teacher.

VIII.   GOOD FAITH. The parties agree to deal in good faith and to make good faith efforts to
        fully and successfully perform under this Agreement.
IX.   SAVINGS CLAUSE. If any clause in the Agreement or portion thereof, is or becomes
      unlawful, the remainder of the Agreement remains in full force and effect, and shall be
      interpreted in such a way as best reflects the intent of the parties.

This Agreement is made as of the _____ day of __________________, 2009.

TEACHER                                   SAN DIEGO UNIFIED SCHOOL DISTRICT

________________________________          _____________________________________
Full Name (printed)                       Full Name of Authorized Agent (printed)

________________________________          _____________________________________
Signature                                 Signature

________________________________          _____________________________________
Date                                      Date

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