Duty Free Lunch

Question: Can a meeting be held during a lunch period?

Advice: No. The governing board of every school district shall allow each teacher employed for full time in any regular day school in which two or more teachers are employed, one duty-free lunch period each day in the manner and at the time prescribed by regulation of the State Board of Education [California Education Code 44813].

Duty Free Lunch Exception: The District and Association agree that all TK-6 teachers will have a duty free lunch on all school days. A duty free lunch may be circumvented by assigning additional duties on rainy days. On rainy days, for sites that are unable to develop a system to free teachers for their full lunch period, principals may assign from one to five teachers on a rotating basis to supervise students. In all cases, teachers and Cal-SAFE Teachers will receive a full 30-minute lunch [MCS-MTA Contract].

A duty free lunch - 35 minutes, except for minimum days (activity schedule) – for prep providers must be scheduled as not to interfere with preparation delivery schedule. Computer Literacy Teachers will receive a 35-minute duty free lunch.


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