Message from Superintendent: Important Negotiations Update

MDUSD Superintendent Dr. Adam Clark sent the following message to the District community on April 26, 2025:

Dear Mt. Diablo Unified Community,

Thank you for your continued commitment to our schools and our students. As part of our promise to keep our community informed, I invite you to review this summary of the ongoing negotiations between the Mt. Diablo Unified School District and the Mt. Diablo Education Association.

This update presents a factual overview of the proposals and key issues that have been discussed. As your superintendent, my focus remains on supporting students. That support is realized through responsible financial stewardship and ensuring that the dedicated educators and staff who serve our students are equipped with the resources they need to succeed.

My ultimate goal is to ensure that every student in Mt. Diablo achieves academic success and has the opportunity to reach their full potential. I encourage you to read through this update carefully. While many important issues are addressed, you may notice the apparent absence of a direct focus on student achievement in several proposals. Additionally, some requests arguably are beyond the traditional scope of a collective bargaining agreement, an observation which the District has communicated to MDEA across the bargaining table.

It is vital that we remain informed and aware of the broader context of public education, both within our county and across the state and nation. Mt. Diablo is doing meaningful and impactful work for students. While we acknowledge there is more progress to be made, we are committed to moving forward, not backward.

Thank you for being an engaged part of our educational community. Together, we will continue to keep students at the center of every decision we make.

MDEA DECLARES AN “IMPASSE” IN NEGOTIATIONS:
NEXT STEP IS MEDIATION
PARTIES HAVE MET 10 TIMES FOR 60 HOURS PRIMARILY TO DISCUSS
OVER 200 CHANGES PROPOSED BY MDEA IN NEARLY EVERY CONTRACT ARTICLE
PLUS NEW ARTICLES FROM MDEA ON SOCIAL JUSTICE, ETC.
OVER 60 COMPENSATION ITEMS FROM MDEA
PROJECTED TO COST $147 MILLION OVER NEXT THREE YEARS

April 26, 2025

Introduction: Bargaining teams for the Mt. Diablo school district and Mt. Diablo Education Association met on April 18, 22, and 23, 2025, culminating in their tenth bargaining session over a successor collective bargaining agreement to begin on July 1, 2025. The parties have now spent approximately 60 hours in negotiations this year. A summary of these sessions follows.

MDEA DECLARES AN “IMPASSE” IN NEGOTIATIONS:
THE FIRST STAGE IS MEDIATION 

At the close of negotiations on April 23, MDEA declared an “impasse” in negotiations. Under our state’s collective bargaining law for school districts, this means one or both parties believe differences on remaining items are so profound that more face-to-face meetings would be futile. Therefore, the assistance of a state-appointed mediator is requested.

[Note: On April 24, the District informed MDEA it would join in the request for a declaration of impasse.]

State law requires the parties to participate in the impasse process when they cannot reach an agreement. The first step is mediation, which can last for however long the mediator believes is productive. If mediation is unsuccessful, the mediator – and only the mediator – can “release” the parties to the next required stage of the impasse process: fact-finding. 

In fact-finding, a three-person panel – one member appointed by the District, one by the union, and a neutral selected by these two members from a list provided by the Public Employment Relations Board (PERB) – holds a hearing where each party submits facts, arguments, and evidence supporting its position on unresolved issues. 

The party seeking to change the contract or to add new language bears the burden of persuading the panel of the legitimacy of its proposals. In addition, each party presents evidence on the affordability of their proposals. The panel then issues an advisory report with recommended terms for settlement.

If the fact-finding report does not lead to a settlement, the negotiation process is terminated, and each party is permitted to act unilaterally. The District may impose terms within its last best offer, and the union may withhold service through a strike.

Depending on how long mediation lasts and whether mediation and/or fact-finding continues or is suspended over the summer months, the impasse process can take three to six months to complete before the parties can legally take unilateral action.

PARTIES HAVE MET 10 TIMES FOR 60 HOURS PRIMARILY TO DISCUSS
OVER 200 CHANGES PROPOSED BY MDEA IN NEARLY EVERY CONTRACT ARTICLE
PLUS NEW ARTICLES FROM MDEA ON SOCIAL JUSTICE, ETC.

As summarized in the previous Negotiations Update, MDEA has opened almost every article of the contract (23 out of 29) and proposed four new articles to add to the contract. Altogether, there are over 250 proposed contract changes within these articles. The District opened seven articles.

Over the last 10 sessions, the parties have exchanged over 150 proposals and responses. The District has been prepared for every session; in fact, on occasion, the District emailed already-completed proposals after the session due to time constraints. The District has consistently provided a rationale for every proposal and response. 

Since MDEA has proposed so much new language, without demonstrating a need for why it is required, it is to be expected that many of the District’s responses have been to maintain current contract language (status quo). In the District’s opinion, which it has expressed to MDEA at the table, concerns with some of MDEA’s new language include the following:

• Limiting student access to courses, especially electives.
• Decreasing student learning time with their regular teacher by proposing more preparation time and release time away from the classroom.
• Student safety issues raised by MDEA’s proposal to prohibit supervision of pupils by teachers before and after the student day.
• Additional notices to and involvement of the Association in District procedures, thereby adding further requirements to District operations.

The breadth and scope of MDEA’s proposals impede a detailed review in this space; however, some of those proposals include:

• Prohibit reassignment of elementary school teachers after the first student day due to enrollment changes, which may potentially leave some classrooms unstaffed while other classes remain under-enrolled.
• Require site administrators to take steps so that all unit members are safe and protected from harassment of interference by outside agitators, which includes parents, and is open to interpretation.
• Prohibit unit members from caring for service animals other than their own.
• Reduce maximum site meeting times from 90 to 75 minutes.
• Prohibit prep providers (e.g., Enrichment & Support Teachers and Teacher Librarians) or any other non-classroom teacher from being directed to cover a classroom when a substitute is unavailable, potentially leaving classrooms without a teacher for the day, which would require distributing students to other classes and changing the instructional day for all students at that grade level at that site.
• Prohibit requiring a lead nurse and lead counselor to substitute for an absent unit member, potentially leaving students without required medical or mental health services.

Evaluation and Social Justice: MDEA continues to propose:

Evaluation:

• Require all evaluators to be trained in cultural competency, antiracist professional evaluations, antiracist school leadership, supporting victims of racial violence, racial stress, and/or racial trauma, microaggressions, and overcoming implicit bias.
• Formation of a “Racially Just Evaluation Workgroup“ to investigate and propose evaluation processes that address many of the areas listed directly above.
• Prohibit formal evaluations when any employee assigned to the space is absent.
• Require immediate reassessment of a needs improvement or unsatisfactory evaluation by the administrator in charge of the District’s equity efforts.
• Require tracking evaluations by race; gender (including male, female, non-binary, and agender); years of experience (and in the District, and at the site/program); school site; grade level; and subject.
• Take steps to eliminate, within five years, all racial disparities in evaluation ratings. 
• Require an improvement plan construction process; if the evaluator and unit member cannot agree on the plan, a team composed of those two, plus a MDEA representative and another administrator, shall work to construct a plan. If there is still disagreement, the District Board of Trustees will decide on the plan.

Social Justice (new Article):

• A list of joint “commitments” including those related to (partial list): 
  • a welcoming environment and rigorous instruction; 
  • highly qualified, culturally proficient, and responsive staff who will create a safe and engaging learning environment respectful of all students’ backgrounds; 
  • continuously engaging, collaborating, and bargaining to protect, defend, and improve the rights of bargaining unit members in keeping with their academic and professional status; 
  • improving the education and workplace conditions and outcomes for all bargaining unit members, including Black, Indigenous, and People of Color (BIPOC); and
  • Ensuring all students, specifically including focus scholars – among them, African American students, Foster Youth, students experiencing homelessness, students with IEPs, and emerging bilingual students – will experience culturally responsive practices and be provided rigorous instruction.
• Require all bargaining unit members to be offered training every three years in:
  • Racially just grading and classroom management practices;
  • Trauma-informed practices;
  • Cultural competency;
  • Restorative justice; and
  • Social Emotional Learning.
• Require the District to join MDEA in advocating for new legislation ensuring probationary employees may be non-reelected only for “just cause” with due process rights only after fair warning, a written corrective action plan, and the opportunity to fully implement that plan.
• Prohibit use of AI in any employment decisions.
• Require that all bargaining units work at sites that have fully staffed and resourced restorative justice programs.
• Require the District to designate an Equal Employment Opportunity Compliance Office to investigate and remedy allegations that employees, contractors, vendors or volunteers are creating undignified or disrespectful working environments or conditions.

OVER 60 COMPENSATION ITEMS FROM MDEA
PROJECTED TO COST $147 MILLION OVER THE NEXT THREE YEARS

MDEA has made over 60 proposals that would directly increase compensation.  

In addition to MDEA’s proposed 15% salary increase over three years, there are numerous proposals for hourly pay, stipends (including 33% to 60% increases in certain middle and high school stipends) and the like for many professional responsibilities certificated unit members normally perform. There are also proposals for new paid leaves of absence, lower class sizes and caseloads, travel pay, and stipends for being involuntarily reassigned to teach a different grade level and/or class course.

Thus far, the District has estimated that taken together, some (but not all) of these MDEA proposals will cost the District (for the MDEA unit only) about $41M in 2025-2026, $49M in 2026-2027, and $57M in 2027-2028, for a total of about $147M over the three-year contract. 

For 2025-2026, the cost of a 1% salary increase for MDEA is about $2M, so these costs represent salary increases of 20.5% in 2025-2026, 24.5% in 2026-2027 and 28.5% in 2027-2028, for a total 73.5% increase over three years (based on a non-compounded cost of 1%).

Salary and Benefits

Salary: The District continues to propose a one percent (1%) raise in each of the 2025-2026 and 2026-2027 school years, and to reopen negotiations over salary for the 2027-2028 school year. This would be on top of the 9% salary increase given to MDEA members for the current school year. 

MDEA originally proposed raises of 8%, 5%, and 5% in the 2025-2026, 2026-2027, and 2027-2028 school years, respectively. In its latest proposal, MDEA reduced the raises for each of these years by 1% (7%, 4%, 4%).

MDEA’s proposals also include: 

• Move to a “one column salary schedule” (eliminate multiple columns based on educational units earned).
• Reduce the number of steps from the current 25 to 18 to reach the maximum salary.
• Revise the calculation of the Hourly Rate for extra work based on a designated step of the salary schedule. According to MDEA, this would result in an Hourly Rate of $70.89 based on 2024-2025 salaries.
• Revise the calculation of the Summer School Hourly Rate based on a designated step of the salary schedule. According to MDEA, this would result in an Hourly Rate of $78.29 based on 2024-2025 salaries.
• 150% additional pay for unit members who provide training on any day outside of their regular work year.
• Stipends for unit members who work with student teachers less than 50% for one semester ($1500) and 50% or more for one semester ($3000).
• Stipends for lesson planning and/or grading duties for vacant positions.
• Annual $300 per-site classroom/professional materials stipend for unit members assigned to multiple sites.
• Annual $500 professional use technology/software/digital subscriptions stipend.
• Retention Bonus equal to 8% of a unit member’s annual salary when the District contracts out any position in the same job as the unit member.

Many of the foregoing proposals either cannot be quantified and/or have not been costed out by the District due to the unpredictable nature of the requests, potentially leaving the district open to mandates it cannot fund.

Benefits: The District currently pays 100% of the Kaiser Cal PERS rate for employees and their dependents. Current contract language continues this indefinitely and MDEA members would only be responsible for paying 20% of future increases. Despite this, the District proposed paying 100% of all increases for the next two years.  

MDEA has proposed:

The District will pay 100% of Kaiser CalPERS premiums for employees and their dependents, regardless of any increases in those rates (this is commonly referred to as “uncapped benefits”).

Effective July 1, 2025, the District will pay the full cost of the Delta Dental PPO Premium plan. Currently, the district pays for the Delta Dental PPO plan as the premium plan is not designed for all employees, but it is meant as a buy-up option for those who may need additional coverage. 

Increase cash-in-lieu payment to unit members who do not take medical benefits from $2060 to $2300.

Next Steps: Once the parties file for impasse with PERB (Public Employment Relations Board), it means that further negotiation sessions will not change the fact that the parties cannot reach an agreement, and a state mediator will be appointed. The parties will then begin participating in the impasse process to resolve their differences with the mediator. 

Mt. Diablo Unified School District Negotiation Team:

Ryan Sheehy, Interim Chief, Human Resources
Samantha Allen, Chief, Educational Services
Dr. Wendi Aghily, Chief, Pupil Services & Special Education
Adrian Vargas, Chief Business Officer
Erin DeMartini, Director, Elementary Education
Ruth Steele, Director, Secondary Education
Dr. Tamekia McCauley, Elementary Principal
Crystal Stull, Middle School Principal
Josie Kirkland, High School Vice Principal
Greg Dannis, District Legal Counsel