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PUSD Facts and Information » Safe and Respectful Workplaces

Safe and Respectful Workplaces

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Article 34: Protecting Students, Supporting Teachers
Porterville Unified School District (PUSD) is committed to safe schools, respectful workplaces, and helping every teacher and student succeed. 
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What is Article 34?
  • First negotiated and included in the contract over a decade ago
  • Originally proposed by teachers, many also parents, concerned about the serious behaviors affecting students and school climate
  • Its purpose is to ensure students are protected and teachers are supported through fair, step-by-step processes
     
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What Does Article 34 Do?
  • Establishes a clear, progressive process to address serious concerns (e.g. safety violations, repeated misconduct, refusal to follow IEPs)
  • Ensures due process rights for all teachers
  • Requires documentation, support, and administrator review

Teachers are protected by:

  • A 5-step progressive discipline process
  • The right to union representation
  • The right to respond in writing (rebuttal)
  • Clear appeal procedures
  • Written notices for all formal actions
  • Multiple levels of oversight
     
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How is it Used?
  • Only 9 individuals, representing less than 1% of PUSD teachers have been suspended in the last 6 years
  • Full progressive process used in over 80% of cases - by contract the steps are bypassed only when serious misconduct requires immediate action
  • Most teachers improve and continue teaching
  • No union representatives have ever been suspended under Article 34
     
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What Does Ed Code Say?
The California Education Code:
  • Does not require a specific statewide process for discipline less than dismissal (like warnings, reprimands, or short suspensions)
  • Defers to local collective bargaining agreements to establish procedures for these matters
  • Emphasizes the right of certificated employees to due process, and allows local district and unions to define what that looks like for non-dismissal actions
     
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Why Does the District Continue to Use Article 34?
 
Without Article 34:
  • The district would be forced to rely on the Education Code process for dismissal
  • Dismissal is a lengthy, legal process and is more harmful to teachers
  • Teachers would lose access to local support, structured steps, and early intervention
 
With Article 34:
  • Students are protected through swift action when needed
  • Teachers are supported with time to improve and the right to representation
  • Clear procedures prevent arbitrary decisions and ensure transparency
  • Most cases are resolved without suspension
     
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The Bottom Line
Being held accountable for professional conduct is not the same as being silenced. Article 34 provides a structured process that protects students, supports teachers, and reassures families that classrooms stay focused on learning.
 
The district remains open to improving the existing process through negotiations, ensuring Article 34 continues serving both students and teachers effectively. 

Setting the Record Straight: Myths vs. Facts

MYTH   FACT
Teachers are silenced   Teachers have the right to speak, advocate, rebut, appeal, and be represented at every step. Nothing in Article 34 removes these rights.
     
Teachers don't get a fair hearing   Article 34 includes a clearly defined appeal process to an administrator not involved in the original recommendation for discipline and the right to union representation throughout.
     
Teachers are suspended for minor issues   Article 34 is only used for serious and repeated issues, with documentation and supervisor review. No suspensions have occurred over things like “fist bumps” or minor misunderstandings.
     
Teachers can't grieve unfair action   While the content of a reprimand isn’t grievable (per 34.6.2), the process used and any violations of procedure can be grieved.
     
The district defines what is "bad" and punishes without law   Article 34 follows the same standards as Ed Code § 44932 for cause. The district cannot invent its own definitions.
     
Article 34 is used to target union representatives or outspoken teachers   In 6 years, only 9 out of 1,100 teachers were suspended without pay — less than 1%. None were union representatives. Article 34 includes protections like representation, rebuttals, and appeal rights to ensure fairness for all teachers, regardless of their role.
     
Suspension under Article 34 can cost a teacher their teaching credential   Article 34 limits unpaid suspension to 12 days. Credential decisions are governed by the California Commission on Teacher Credentialing, not the district.
     
PUSD is the only district with the ability to suspend without pay   Many California school districts have negotiated discipline articles similar to Article 34. Seven nearby districts have similar progressive discipline policies, including suspension without pay.
     
The district refuses to modify Article 34   Throughout negotiations, the district has indicated it is willing to discuss changes to the language in response to PEA concerns as noted in the district's last proposal before impasse. 
 
For more information, read the FAQ on Article 34