Common use of School Rights Clause in Contracts

School Rights. It is agreed that all matters which are beyond the scope of negotiations under Government Code Section 3543.2, and also all rights which are not limited by the terms of this Agreement are retained by the School. Such retained rights include, but are not limited to, the right to determine the following matters: a. The legal, operational, geographical, and organizational structure of the School, including the chain of command, division of authority, organizational divisions and subdivisions, external and internal boundaries of all kinds, and advisory commissions and committees. b. The financial structure of the School, including all sources and amounts of financial support, income, funding, taxes and debt, and all means and conditions necessary or incidental to the securing of same, including compliance with any qualifications or requirements imposed by law or by funding sources as a condition of receiving funds; all investment policies and practices; all budgetary matters and procedures, including the budget calendar, the budget formation process, accounting methods, fiscal and budget control policies and procedures, and all budgetary allocations, reserves, and expenditures, apart from those allocated to fund the express wage and benefit obligations of this Agreement. c. The acquisition, disposition, number, location, types and utilization of all School properties and equipment, whether owned, leased, or otherwise controlled, including all facilities, grounds, parking areas and other improvements, and the type of personnel, work, services, and activity functions assigned to such properties. d. All services to be rendered to the public and to School personnel in support of the services rendered to the public, the nature, methods, quality, quantity, frequency and standards of service, and the personnel, facilities, vendors, supplies, materials, vehicles, equipment and tools to be used in connection with such services; the subcontracting of services to be rendered and functions to be performed, including educational, support, construction, maintenance and repair services, subject only to Code restrictions upon same. e. The utilization of personnel not covered by this Agreement, including but not limited to consultants and personnel occupying positions listed as “excluded” in Article 1 (Recognition), to do work on a non-regular and limited basis which is normally done by employees covered hereby, and the methods of selection and assignment of such personnel. f. The educational policies, procedures, objectives, goals and programs, including those relating to student conduct and discipline, student transportation, food services, racial and ethnic balance, extra-curricular activities, and emergency situations; and the substantive and procedural rights and obligations of students, parents, employees and the public with respect to such matters. g. The selection, classification, direction, promotion, demotion, discipline, termination and retirement of all personnel of the School subject only to applicable law and this Agreement; equal employment policies; the assignment of employees to any facilities, classrooms, functions, activities, departments, tasks, or equipment; the staffing levels, work loads, and the number of employees; and the determination as to whether, when and where there is a job opening. h. The job classifications and the content and qualifications thereof; the rates of pay for any new classifications implemented during the term of the Agreement. i. The duties and standards of performance for all employees; and whether any employee adequately performs such duties and meets such standards, subject only to Article 10 (Evaluation Procedures). j. The dates, times, and hours of operation of School facilities, functions, and activities; work schedules; school calendar; the assignment of paid duty days beyond the regular assigned duty year; the assignment of overtime; subject only to Hours and Overtime and Holidays. k. Safety and security measures for employees, students, the public, properties, facilities, vehicles, materials, supplies, and equipment, including the various rules and duties for all personnel with respect to such matters subject only to the Agreement’s provisions for Safety Conditions. l. The rules, regulations and policies for all employees, students, and the public, subject only to the express limitations contained in this Agreement. m. All other rights of the School not expressly limited by the language of this Agreement are also expressly reserved to the School even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the School's rights. The exercise of any right reserved to the School in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the School's right or preclude the School from exercising the right in a different manner.