Collective Bargaining Agreement

Transcription

1 Collective Bargaining Agreement between the Marysville Education Association and Marysville School District

2 TABLE OF CONTENTS ARTICLE I --- RECOGNITION AND AGREEMENT Page Section 1.1: Certificated Recognition Statement A. Recognition B. Status of Substitutes C. Notification of New Positions Section 1.2: Definitions ARTICLE II --- SUBSTITUTE EMPLOYEES Section 2.1: General Provisions A. Notice to the Association B. Status of Substitutes Section 2.2: Non-continuing Long-term Substitutes Wages, Hours, and Working Conditions 3 Section 2.3: Daily Substitutes Wages, Hours, and Working Conditions A. Compensation B. Other Applicable Contract Provisions C. District Clock Hour Classes ARTICLE III --- EMPLOYER RIGHTS Section 3.1: District Rights Section 3.2: No Strike ARTICLE IV --- ASSOCIATION RIGHTS Section 4.1: Dues and Agency Shop A. Exclusive Right B. Notice of Amounts C. Continuous Membership D. New Enrollment Employees Hired by Start of Year Employees Hired after Start of Year E. Association Prerogatives F. Cancellation of Dues G. Remission to WEA H. Representation Fee Non-membership and Representation Fee Transmission of Representation Fees Challenges to Representation Fees I. Bona Fide Religious Objection J. Hold Harmless Section 4.2: Association Responsibilities Section 4.3: Membership Communication Section 4.4: Availability of Information Section 4.5: Consultation A. President and Superintendent B. Principals and Building Representatives C. Labor Management Committee Section 4.6: Association President s Release Time Section 4.7: Association Leave i

3 Section 4.8: Released Time Section 4.9: Access Section 4.10: Equipment and Facilities Use ARTICLE V --- EMPLOYEE RIGHTS Section 5.1: Individual Rights Section 5.2: Academic Freedom A. Basic Principles B. Controversial Issues C. Citizen Complaint Procedure Notification to Employee Initial Process Completion of Process Implementation of Decision and Employee Right of Appeal Section 5.3: Personnel File A. File and Right to Review B. Notification and Right to Respond C. Derogatory Material D. Supervisor s Working File Section 5.4: Employee Protection A. District Liability Insurance B. Personal Property C. Absence Due to Injury on Job D. Medical Procedures Section 5.5: Safe Working Conditions A. Compliance with Law B. General Employee Protection C. Inappropriate Behavior Directed toward Employees Section 5.6: Facilities Section 5.7: Student Discipline A. Employee Responsibility and Right to Discipline B. Written Building Guidelines and Procedures for Annual Review C. Board and Administration Support D. Student Offenses E. Notification Right Certain Offenses F. Disruption of Class or Activity G. Discipline of Special Education Students H. Right to Defend Self or Others I. Timely Administrative Response J. Right to Recommend Suspension or Expulsion K. Association Representation Student Discipline Hearings Section 5.8: Advance Notice for New Student Enrollees Section 5.9: Student Grading Section 5.10: Building Visitors Section 5.11: Individual Employee Contracts A. Basic Contract B. Release from Contract C. Supplemental Contract Issuance of Supplemental Contracts Posting of Supplemental Contract Positions Payments under a Supplemental Contract D. Contract for Additional Days Positions with Additional Days Other Positions and Additional Days Pay for Additional Days ii

4 Section 5.12: Assignment, Transfer, and Vacancy A. Definitions B. General Provisions C. Postings D. Assignment/Reassignment E. Voluntary Transfer F. Involuntary Transfer G. District Assistance for Transfers H. Intra-District Voluntary Staff Exchange Section 5.13: Employee Discipline (Just Cause) A. Just Cause B. Grounds for Discipline C. Progressive Discipline D. Notice and Investigation Initial Notice and Decision to Investigate Employee Interview During Investigation Right to Respond to Complete Investigative Record Right to Attach Statement Personnel File E. Representation F. Letters of Clarification G. Administrative Leave ARTICLE VI --- LEAVES Section 6.1: Annual Leave for Illness, Injury, and Emergency A. Annual Allowance B. Paid Leave C. Return to Employment with District D. Annual Accounting E. Absence beyond Accumulated Annual Leave F. Special Provisions Applicable to Personal Illness or Injury G. Special Provisions Applicable to Emergency Leave Business Care of a Child and Injury or Illness in the Family Childbirth Subpoena Adoption Domestic Violence H. Cash Out I. Leave Sharing Section 6.2: Bereavement Leave A. Basic Allowance B. If Travel a Factor C. Additional Bereavement Leave Section 6.3: Personal Leave Basic Allowance Limitations Cash Out and Carry Over Section 6.4: Maternity Leave A. Childbirth Leave B. Childcare Leave C. Additional Provisions Applicable to All Leave Contained in this Section D. State/Federal Family Leave Laws Section 6.5: Disability Leave iii

5 A. Application for Leave B. Duration of Leave C. Application for Reinstatement D. Contractual Status Section 6.6: Family Medical Leave Section 6.7: Professional Improvement Leave A. For Enhancing Skills B. For Professional Office Section 6.8: District Discretionary Leave Section 6.9: Governmental Leave Section 6.10: Sabbatical Leave A. Limitations B. Duration C. Prior Years of Service D. Application E. Selection F. Limitation on Other Compensation G. Compensation and Return to Employment H. Obligation to Report Section 6.11: Military Leave Section 6.12: Jury Leave Section 6.13: Professional Leave ARTICLE VII --- COMPENSATION AND BENEFITS Section 7.1: Regular Salary Schedule A. Compliance B. Salary Schedule C. Mid-Year Adjustments Section 7.2: TRI Salary Schedule A. Mandatory Time B. Professional Responsibility C. Supplemental Contract D. Verification E. Compensation F. Payment Section 7.3: Salary Schedule Provisions A. General B. Experience Guidelines General Grandfathered Experience Non-school ESA Experience C. Education Guidelines General Upper Division Credit Requirement Accredited Institution Requirement Course Content Criteria Community College Credits Professional Credits Professional Certification Educational Specialist Degree and Ph.D D. Special Provisions Non-Degreed Vocational Instructors Initial Placement Schedule Advancement Attainment of Bachelors or Masters Degree Grandfather Provision iv

6 Section 7.4: Payment Provisions A. Paydays B. Direct Deposit C. Correction of Errors Section 7.5: Insurance Benefits A. Eligibility and Enrollment B. Creations to Benefit Pool and Allowed Amount C. Contributions to Insurance Plans D. Basic Benefit Plans Dental Plan Long Term Disability Plan Vision or Life Plan Medical Plan E. Distribution of Excess Funds F. Flexible Pay Plan G. Approved Insurance Programs Definition H. When Husband and Wife Both Employed I Changes in Employee Selection of Plans J. Conformance with Law K. Retirement Subsidy to HCA L. Additional Optional Plans Section 7.6: Payroll Deductions Section 7.7: Co-curricular Activities Pay Schedule Section 7.8: Extra Services Rate of Pay A. Pay Rate B. Summer School Provisions Section 7.9: Travel Section 7.10: Tuition Reimbursement, National Boards, and Clock Hour Fees A. Basic Allowance B. When Funds may be Accessed C. Unused Funds Pooled D. National Board Certification Support E. Clock Hour Fees Section 7.11: Supplies and Materials A. Basic Provisions B. Teachers New to Profession Section 7.12: Program Support A. Program Support Pool Purpose Pool of Money Available Decision-making Process B. Program Support Positions Compensation Selection ARTICLE VIII --- MISCELLANEOUS WORKING CONDITIONS Section 8.1: Contract Year A. Regular Contract Year B. First-Year Teacher In-service C. Learning Improvement Days D. Calendar Make-up of Non-student Staff Only Days Report Periods Perpetual Calendar Other Required or Optional Work Days v

7 5. Reopening Early Release and Late Start Section 8.2: Workday A. Length of Day B. Planning Time Secondary Level Elementary Level Time for Special Education Compliance Use of Planning Time Posting of Planning Time Adding Teaching Section During Planning Time C. Release Time Provisions Early Release and Late Start Days For Conferences For Planning and Grade Report Preparation For New Employees D. Job Sharing Responsibilities E. Report Time (Inclement Weather) Section 8.3: Course Preparations Section 8.4: Split Classes Section 8.5: Covering Classes A. Certificated Staff B. Elementary Employees C. Coverage for Administrator Absence Section 8.6: Duty Supervision Section 8.7: Class Load Assistance Program General Education A. Relief Unit Defined B. Ownership/Possession of the Equipment C. Calculation of Overload in Special Cases Team Teaching Multi-age/Multiple Grade Classes D. Important Dates for Calculating Overload E. Student Count F. Requests for Overload Relief G. Purchase Orders H. Maximum Case Loads I. Relief Assistance Elementary Secondary (Regular Classes) a. Total Daily Loads b. Individual Class Sizes Secondary (PE, Music/Band) J. Elementary Specialists K. Exceptions L. Para Assistant Time M. Allocation of Resources N. Special Education Students and Inclusion Staff Development Assignment of Special Education Students Role of General Education Teacher Notification and Receiving of Special Education Students Discipline of Special Education Students O. Overload of Special Needs Students (Not Limited to Special Education Students) in Regular Classrooms P. Grade 9-12 Science Classes Q. Cap on Overload Assistance vi

8 Section 8.8: Case Load Responsibility for Special education Staff, SLPs, OT s, and PT s A. District Support and Expectations B. Special Education Caseloads & Overload Relief C. If Less than Full Time D. Additional Compensation E. Use of Para Professionals F. Itinerant Special Education Staff G. Determination for Staffing H. Coverage of Provider Caseloads for Non-endorsed Teacher on Staff Medical Leave I. Para Two Substitute Pool J. Time for Special Education Compliance K. Low Incidence Staffing L. Mentoring and In-service Section 8.9: Assistance for Non-compliant Students Section 8.10: Substitute Requests Section 8.11: Librarians A. Conferences B. Formula for Additional Resources for Elementary Libraries Section 8.12: Counselors Section 8.13: Psychologists Section 8.14: Required District Assessment/Testing A. General B. Current Required and Voluntary Standardized and Classroom-based Assessments C. Grading and Reporting D. WA Kids Workload Relief E. Review through Labor Management Committee F. Reopen for Bargaining Section 8.15: Professional Learning Communities ARTICLE IX --- EVALUATION Section 9.1: General Provisions A. Evaluation Principles and Purpose B. Applicability C. Training in Evaluation Process D. Responsibility for Evaluation E. Evaluation Processes to be Used F. Electronic Monitoring G. Assignment Outside Area of Training/Endorsement H. Prerequisite for Unsatisfactory or Basic Final Evaluation I. Right to Respond Section 9.2: Definitions Section 9.3: Evaluation Criteria, Framework, and Scoring A. State Evaluation Criteria B. Instructional Framework Section 9.4: Comprehensive Evaluation Rating A. Summative Performance Rating Based on the Eight Criteria B. Indicator Performance Scoring C. Student Growth Criterion Rating Section 9.5: Comprehensive Evaluation Process A. General Provisions Frequency Teacher Self Reflection Setting Goals for Student Growth vii

9 4. Evidence B. Pre-Observation Conferences C. Formal Observations D. Informal Observations E. Final Evaluation and Conference Section 9.6: Focused Evaluation Option Section 9.7: Support for Basic and Unsatisfactory Ratings Section 9.8: Provisional Employees Section 9.9: Probation A. When Probation B. Comprehensive Only C. Outside of Endorsements D. Evaluator Report to Superintendent E. Superintendent Decision on Probation F. Plan of Improvement G. Evaluation during the Probationary Period H. Removal from Probation I. Lack of Improvement J. Evaluator s Post-Probation Report K. Action by the Superintendent L. Failure to Complete Process M. Records Section 9.10: Non-renewal Section 9.11: Evaluation Results Section 9.12: Documentation Section 9.13: General Provisions A. Copy of Procedures B. Orientation C. Evaluator D. Evaluation Processes to be Used Section 9.14: Regular (Long Form) Evaluation Process A. Criteria and Indicators B. Observation Time C. Formal Observation Pre-Observation Conference Minimum Time Post-Observation Conference D. Observation Summaries E. Informal Observations F. Assignment Outside Area of Training/Endorsement G. Final Evaluation and Conference H. Prerequisite for Unsatisfactory Final Evaluation I. Right of Employee to Respond J. Probation Continuing Contract Employees Provisional Employees Section 9.15: Procedure for Probation Section 9.16: Short Form Process A. Mutual Agreement Required B. Notification C. Options D. Parts of Regular Process Apply E. Restriction Section 9.17: Professional Growth Option A. Eligibility for Short Form Required B. Purpose of Professional Growth Option viii

10 C. Professional Growth Plan D. Role of Supervisor E. Ownership of Materials Developed F. Restriction Section 9.18: Non-Renewal/Appeal Process Section 9.19: Reopener for Evaluation Forms Section 9.20: Criteria for Evaluation of Certificated Support Personnel Criterion 1: Knowledge and Scholarship in Special Field Criterion 2: Specialized Skills Criterion 3: Management of Special and Technical Environment Criterion 4: The Support Person as a Professional Criterion 5: Involvement in Assisting Pupil, Parents, and Educational Personnel 91 ARTICLE X --- LAYOFF AND RECALL PROCEDURE FOR STAFF REDUCTION Section 10.1: Reasons for Layoff Section 10.2: Procedures A. Determination of Vacant Position B. Certification and Endorsement C. Notification to Association D. Seniority List E. Leaves of Absence F. Employment Categories Elementary Employees Secondary Employees Other Employees TOSAs New Categories G. Retention in Employment Categories Current Category Additional Categories H. Selection within Employment Categories Seniority Definition Seniority List and Appeal Administrative Positions I. Action by Superintendent J. Recall Procedures Purpose Benefits Method of Recall Employment Pool Notification and Acceptance Use as Substitutes ARTICLE XI --- GRIEVANCE PROCEDURE Section 11.1: Definitions A. Grievance B. Grievant C. Days Section 11.2: General A. Informal Hearings B. Timeliness C. Timeline for Initial Filing D. Grievant s Presence E. Cooperation and Information ix

11 F. Release Time G. No Reprisals and Separate Filing of Documents H. Grievance Status when Contract Expires Section 11.3: Procedure A. Step B. Step C. Step ARTICL XII AFFIRMATIVE ACTION 100 ARTICLE XIII --- STATUS OF AGREEMENT AND DURATION Section 13.1: Compliance of Agreement A. Relationship to Individual Contracts B. Bargaining Completed before Issuance of Contracts Section 13.2: Conformity to Law Section 13.3: Distribution Section 13.4: Forms Section 13.5: Ratification and Mutual Consent A. Ratification and Amendments B. When Effective Section 13.6: Definition of Agreement A. Opportunity to Bargain B. Status of Agreement C. Duration D. Reopening Contingent Reopener-Compensation and Benefits Legislatively Mandated Changes New Legislation President s Release Time Substitute Pay Rates E. Negotiations of Successor Agreement F. Contract Waiver Who May Submit Waiver Request District and Association Agreement Required Form Required Submission of Form Prior to Vote Vote Requirement What Request Must Include Special Requirements-SLC Request and Section 8.2.B Duration of Contract Waiver Non-Precedent Setting Waiver to be Addendum to Agreement Forms EXECUTION OF AGREEMENT 106 INDEX 107 APPENDICES A B SCHOOL CALENDARS: A School Calendar REGULAR SALARY SCHEDULES: B Regular Bachelor s Schedule B Regular Master s Schedule x

12 C TRI SCHEDULES: C TRI Bachelor s Schedule C TRI Master s Schedule D TRI SCHEDULE VERIFICATION FORM E CO-CURRICULAR ACTIVITIES SCHEDULES E Student Activities Co-curricular Schedule F ASSESSMENT TESTS F-1 Elementary Assessments F-2 Secondary Assessments G CONTRACT WAIVER FORMS G-1 Contract Waiver Request Form (General Use) G-2 SLC Contract Request Form (Specific Use) H GRIEVANCE FORMS H-1 Form A Complaint by the Aggrieved H-2 Form B Decision by Immediate Supervisor H-3 Form C Decision by Superintendent I EVALUATION FORMS I-1 Evaluation Selection Form I-2 Teacher Observation Form I-3 Teacher Reflection Worksheet I-4 Teacher Evaluation Student Growth Setting I-5 Teacher Evaluation Form I-6 Classroom Teacher Formal Observation Pre-Observation Conference Summary (PERS-29a) I-7 Classroom Teacher Observation Summary (PERS-35) I-8 Teacher Evaluation Summary (PERS-36) I-9 Certificated Support Personnel Observation Summary (PERS-50) I-10 Certificated Support Personnel Evaluation Summary (PERS-51) I-11 Classroom Teacher Observation Summary-Short Form/PGO- Evaluation Summary (PERS-37) I-12 Professional Growth Option Intention to Participate J 10 TH STREET WAIVER 158 MEMORANDUMS OF UNDERSTANDING Student Discipline xi

13 ARTICLE I: RECOGNITION AND AGREEMENT Section 1.1: Certificated Recognition Statement A. Recognition The Board of Directors of Marysville School District No. 25, Snohomish County, hereby recognizes Marysville Education Association as the employee organization and exclusive bargaining representative for the hereinafter described educational employees (hereinafter called "employees"), which employees shall constitute the bargaining unit, in accordance with, and not in expansion upon, the Educational Employment Relations Act, to-wit: All educational employees as defined by said act, except: 1. The chief administrative officers, such as the superintendent, deputy superintendents, administrative assistants, executive directors, and business managers; 2. All confidential employees; 3. All principals and assistant principals; 4. All supervisors, directors, and coordinators; and 5. All teacher aides or other employees who possess a certificate but whose employment or continued employment does not require certification as outlined in rules of the State Board of Education and the State Superintendent of Public Instruction. B. Status of Substitutes Individuals who serve as substitutes for non-supervisory certificated staff shall be included in the bargaining unit to the following extent: 1. Daily substitutes who shall be defined as substitute certificated employees employed by the District for more than thirty (30) days of work within the current or immediate preceding school year and who then continue to be available for employment as substitutes, and/or substitute certificated employees employed by the District where it is planned that a member of the bargaining unit will be absent from his or her regular assignment and will be replaced in such assignment for a period in excess of twenty (20) consecutive work days, and 2. Non-continuing long-term substitutes who shall be defined as substitute certificated employees employed by the District where it is anticipated that a member of the bargaining unit will be absent from his or her regular assignment and will be replaced in such assignment for a period of ninety (90) consecutive work days or more or for one (1) semester. C. Notification of New Positions The District will notify the Marysville Education Association of newly created certificated supervisory positions at the time such position(s) are posted so that prior to filling such position(s) discussion may take place regarding District interpretation of "exclusive from" or "inclusion in" the bargaining unit. It is understood that either party has the right to seek determination of "inclusion" or "exclusion" by the Public Employment Relations Commission, though this action shall not deny the Board the right to fill said position(s). 1

14 Section 1.2: Definitions Unless the context in which they are used clearly requires otherwise, when used in this Agreement: A. The term "Agreement" shall mean this entire document. B. The term "Association" shall mean the Marysville Education Association. C. The term "Board" shall mean the Board of Directors of the Marysville School District No. 25. D. The term "District" shall mean the Marysville School District No. 25. E. The term "WEA" shall mean the Washington Education Association. F. The term "NEA" shall mean the National Education Association. G. The terms "teacher", "certificated personnel", "certificated employee", "educational employee", or "employee" shall refer to all employees represented by the Association in the bargaining unit as defined in Article I, Section 1. H. The term "days" shall mean calendar days unless otherwise specifically defined in this Agreement. I. The term "Act" shall mean the Education Employment Relations Act, RCW J. The term "year" shall mean contract year unless specified otherwise. K. The terms per diem pay/salary or per diem contract pay/salary shall refer to an employee's daily pay based on the employee's placement on the regular salary schedule and shall not include supplemental contract pay such as, but not limited to, co-curricular pay or TRI pay. Unless the context in which they are used clearly requires otherwise, words used in this contract denoting number include both the singular and plural, and words used in this contract denoting gender shall include both the feminine and masculine. 2

15 ARTICLE II: SUBSTITUTE EMPLOYEES This article is intended to specify the wages, hours and working conditions of daily substitutes and non-continuing contract substitute employees. Section 2.1: General Provisions A. Notice to the Association Prior to November 1 st, February 1 st and May 1 st, the District shall provide the Association with a list of employees who have met the standards established in Article I, Section 1.1 for inclusion in the bargaining unit. Notification shall include the name and address of bargaining unit substitute employees. B. Status of Substitutes Bargaining unit substitutes are not entitled to any continuing contract rights pursuant to the continuing contract law of the State of Washington. Section 2.2: Non-continuing Long-term Substitutes' Wages, Hours, and Working Conditions Non-continuing long-term substitutes shall be issued a non-continuing contract. Non-continuing long-term substitutes shall receive all rights and benefits of this Agreement. Section 2.3: Daily Substitutes' Wages, Hours, and Working Conditions A. Compensation 1. Daily substitutes shall be paid a daily rate of 1/180th x Column 1, Step A-0 of the Marysvillederived base of the bachelor base certificated salary schedule. Through the LMC, either party to this Agreement shall have the right to reopen this paragraph for bargaining. 2. Daily substitutes shall be paid compensation for a whole day (7.5 hours) for any work equal to more than half (3.75 hours) a work day or half day (3.75 hours) for any work equal to half (3.75 hours) a work day or less (except on early release days when they receive 5.5 hours). 3. If a daily substitute is called and reports to work but is not needed, said substitute shall be paid for a half (3.75 hours) work day unless there is another assignment available and said substitute accepts that assignment. If said substitute does not accept the available assignment, no reporting fee is paid. 4. Long-term substitutes (those in a continuous assignment of six (6) consecutive days or more) who are called on to teach during their preparation period shall receive additional compensation to the same extent as provided in Section 8.5 of this Agreement. B. Other Applicable Contract Provisions In addition to those wages, hours and working conditions expressly provided by this Article, other provisions of this Agreement shall apply to daily substitutes as provided below. Any Article or Section not listed shall not apply to daily substitutes. 3

16 Article I Article III Article IV, Section 4.1 (MEA shall have the option whether to exercise the agency fee provisions) Article IV, Section 4.2 through 4.10 Article V (except Sections 5.2, 5.3, 5.7A, 5.11 and 5.12 which shall not apply) Article VII, Section 7.4 Article VII, Section 7.7 Article VII, Section 7.8 Article VII, Section 7.9 Article VIII, Section 8.2A Article XII Article XIII Recognition and Agreement Employer Rights Dues and Agency Fees Various Association Rights Employee Rights Payment Provisions Co-Curricular Activities Pay Schedule Extra Services Rate of Pay Travel Work Day Affirmative Action Status of Agreement and Duration C. District Clock Hour Classes Substitutes will be eligible to take District clock hour classes, provided there is space available. Any fees shall be paid by the substitute. 4

17 ARTICLE III: EMPLOYER RIGHTS Section 3.1: District Rights The management and conduct of the business of the District and the direction and assignment of all employees of the District are the exclusive right and responsibility of the Board of Directors except as modified by the express provisions of this Agreement. The Board of Directors shall have the right, subject to the terms of this Agreement, to hire, assign, and transfer the personnel of the District. The Board of Directors shall have the right to adopt necessary Board policies and necessary rules and regulations from time to time as it may deem necessary for the proper conduct of the business of the District, provided the same are not inconsistent with the terms of this Agreement. Section 3.2: No Strike During the life of this Agreement, the Association will not cause or permit its members to cause or take part in any strike, work stoppage or slowdown, or any curtailment of, or interference with, the activities and operations of the District. 5

18 Section 4.1: Dues and Agency Shop A. Exclusive Right ARTICLE IV: ASSOCIATION RIGHTS The Association shall have the exclusive right to have deducted from the salaries of its members, upon the member's initial authorization, the dues required for membership in the Association (including its state or national affiliates and including deductions for any Association-connected political action committee). All dues will be collected in accordance with applicable state and federal laws. B. Notice of Amounts On or before September 10 th of each school year, the Association shall give written notice to the District of the dollar amount of individual dues and assessments which dues and assessments are to be deducted in the coming school year under payroll deduction. The amounts for these deductions shall not be subject to change during the school year. C. Continuous Membership Members of the Association who had dues deductions made under the terms of the previous collective bargaining agreement shall continue to be members of the Association and have dues deducted, unless such individuals revoke membership. Deductions for such members shall be made in twelve (12) equal amounts from each paycheck beginning the pay period in September through the pay period in August of each year. D. New Enrollment 1. Employees Hired by Start of Year For employees hired by the start of the school year, the Association shall have thirty (30) days from the start of each school year to sign up new employees or employees not formerly members for payroll deduction of dues. This sign-up shall be done on a form approved by the District, which form shall authorize deduction of membership dues and assessments (including WEA, NEA, or any Association-connected political action committee). A copy of said form shall be provided to the District no later than October 1 st of each school year. Deduction of such members' annual dues shall be made in either twelve (12) or eleven (11) equal amounts depending on whether authorization for such deductions are received by the District in time for the September or the October payroll. 2. Employees Hired after Start of Year Employees who commence employment after the start of the school year shall have thirty (30) days to authorize payroll deduction for membership dues. Such teachers shall have their deductions prorated in one-twelfth (1/12) of the total annual amount for each month the teacher is employed. The form shall be approved by the District. E. Association Prerogatives The processes for membership authorization into the Association, WEA, NEA, or any Associationconnected political action committee or for revocation of membership from same, as well as membership 6

19 requirements in same, are prerogatives of these respective organizations, except as may be expressly limited by this Agreement and/or applicable law. F. Cancellation of Dues Authorizations for regular dues deductions shall continue in effect for the life of this Agreement unless a written request of revocation is submitted to the District and the Association, signed by the employee, and received between August 15 th and September 15 th. G. Remission to WEA For all membership dues authorization described above, the District agrees to promptly remit directly to the Washington Education Association all monies to be deducted, accompanied by a list of employees from whom the deduction has been made. A duplicate list shall be promptly provided the Association as receipt for said transaction. On or before the monthly pay period, the District shall notify the Association of any changes in said list due to teachers entering or leaving the employment of the District. Each month during the school year, the Association shall provide the District with the names of those teachers who have joined the Association and paid its dues and assessments by means other than through payroll deduction. H. Representation Fee 1. Non-Membership and Representation Fee In the event that any employee fails to authorize dues deductions within the deadlines provided above or revokes membership in the Association, the District agrees to deduct from the salary of such employee a representation fee in an amount equal to membership dues and assessments (at the rate of 1/12 th of such annual dues and assessments for each whole month the employee is not a member of the Association, not to include any Association-connected political action committee deductions). Employees who have joined the Association and paid by other means other than payroll deduction, as verified by the monthly Association list, shall not be subject to this deduction. 2. Transmission of Representation Fees All representation fee deductions shall be handled and transmitted by the District in the same manner as membership deductions provided that the District shall clearly distinguish between those paying membership dues and those paying representation fees. 3. Challenges to Representation Fees Any employee challenge to the payment of representation fees or as to the amount of said fees shall be handled in accordance with law and with the internal procedures of the Association. I. Bona Fide Religious Objection Employees have the right of non-association based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member. In the event that an employee has been determined to have a bona fide religious objection to the payment of a representation fee or agency shop, said employee shall pay an amount of money equivalent to regular dues and fees to a designated 7

20 charitable organization as heretofore established by the employee and the Association. Determination of said right of non-association may be appealed to the PERC (Public Employees Relations Commission). The District agrees to remit to the Association each month a list of employees on behalf of whom charitable deductions have been made. Said list shall include the amount of the monthly deduction for each employee. J. Hold Harmless The Association will indemnify, defend and hold the District harmless against any claims made, and any suits or other legal proceedings instituted against the District on account of the dues deduction and/or agency shop provisions of this Agreement. The District and Association will mutually agree as to selection of an attorney. The Association will refund to employees any amount paid to it in error on account of the dues deduction authorization provisions. The District will notify the Association promptly in writing of any claim, demand, suit or other form of liability in regard to which it will seek to implement the provisions of this paragraph. Section 4.2: Association Responsibilities The Association recognizes that the education of children shall be of the highest standards and the Association expects that its members shall conduct themselves in all aspects of their profession and employment in a proper manner, and the Association shall exert its best effort to police its membership and rectify any abuse. Section 4.3: Membership Communication The Association shall have the right to utilize a bulletin board, or if only one (1) exists, a portion of that board, in each faculty lounge of each school in the District or place of reasonable access to teachers in the event faculty lounges are not in existence in a given school. Bulletins posted by the Association are the responsibility of the Association. The Association shall have the right to utilize employee mailboxes and the District s system for membership communication. Such communication shall exclude local, State and National political campaign materials. Section 4.4: Availability of Information The District will comply with the law in making public records available to the Association. Such compliance would include making available copies of preliminary and final budgets, annual reports, financial statements, and other public documents. Also, should the Association request, enrollment and staffing summaries will be made available. An Association representative may meet with a District representative regarding budgetary matters, as needed. In addition, the Association shall be provided a copy of the agenda for Board meetings as soon as available, including minutes of the previous Board meeting. The Association representative may obtain these at the Superintendent's office, usually the day prior to the meeting. Section 4.5: Consultation A. President and Superintendent The Association President shall meet regularly with the Superintendent to discuss items of mutual concern and/or to discuss view of both parties regarding such matters that either party may feel to be appropriate. 8

21 B. Principals and Building Representatives Employees and/or Association building representatives are encouraged to discuss with building principals the administration of this Agreement and building practices should there appear to be misunderstanding. Should a difference of opinion remain, the matter may be a topic to be discussed by the Association President and the Superintendent at the next regularly-scheduled meeting. C. Labor Management Committee The Superintendent and Association President shall each designate up to six (6) representatives to meet as a Labor Management Committee (LMC) periodically during the year. The facilitator for each meeting will alternate between a District and Association representative. Agendas for meetings shall be mutually agreed upon. Section 4.6: Association President's Release Time The District agrees to release an elementary classroom teacher Association President from his/her regular assignment either half-time or full-time for the year, or other teacher Association President up to full-time for the year. Such release will be without loss of salary, salary advancement, seniority, or other rights accorded full-time employees, subject to the Association reimbursing the District the percentage of FTE for release time times the total cost of the President's salary and benefits. Unless otherwise mutually agreed by the Superintendent and MEA President, reimbursement shall be paid monthly, in advance, upon receipt of a billing by the District. This provision will be implemented at the Association's request and upon the Superintendent's receipt of written notice prior to June 1 st of any term. Said notice shall specify the amount of release time to be used for the following year. The Association and the employee who is to be released will cooperate with the appropriate principal to ensure continuity of the educational program. Section 4.7: Association Leave In recognition of the benefit to both parties, upon written request of the Association, the District shall grant employees leave of absence with pay for the purpose of conducting Association business. The Association shall reimburse the District at the actual substitute rate of pay for any such leave, provided that when no substitute is available for an employee taking such leave and must be covered by other certificated employees, the amount of the Association reimbursement when such leaves happen, will be based on the current CBA substitute rate. The Association President shall submit such leave requests in writing to the Superintendent or designee. No more than eighty (80) Association leave days may be granted in any one (1) year. No one person shall take more than fifteen (15) Association leave days in any one (1) year. Any variance of the eighty (80) or fifteen (15) days must receive the approval of the Superintendent or designee. Unused days may be accumulated for future use by the Association up to three (3) years. A leave request form will be completed and sent to the District prior to such leave. In addition to the yearly-allocated Association leave days, additional leaves will also be granted to Association members who are appointed or elected to a NEA, WEA or UniServ position. Section 4.8: Released Time When the District and the Association mutually agree there is a need to conduct bargaining or grievance activities during the school day, the District shall grant release time to the Association's bargaining team, grievant, representatives, and witnesses at no loss of pay. 9

22 Section 4.9: Access Duly-authorized representatives of the Association shall be permitted to transact official Association business on school property at all reasonable times provided that it does not interrupt normal school operations or assigned duties. Section 4.10: Equipment and Facilities Use The Association may use school office and library equipment normally available to employees after school hours, provided that such equipment shall not be removed from school property. The use shall be for internal Association business. School facilities may be used for Association meetings at reasonable times during non-duty hours provided that such meetings shall not interfere with the normal school operations. 10

23 ARTICLE V: EMPLOYEE RIGHTS Section 5.1: Individual Rights There shall be no discrimination against any employee based upon gender, race, color, appearance, religion, ethnic or national origin, political beliefs, marital status, age, actual or perceived sexual orientation, socioeconomic and family background, language, or physical or mental ability unless based upon bona fide occupational qualification. The Association and District shall cooperate to assure compliance with nondiscrimination laws and terms of this Agreement. The Association and the District agree that this Agreement will not directly or indirectly discourage, deprive, or coerce any employee to relinquish any rights conferred by the laws of the State of Washington and the Constitutions of the State of Washington and the United States. The District agrees that every employee shall have the right to freely organize, join, and support the Association for the purpose of engaging in collective bargaining and related activities. The District acknowledges the inherent right of the employee(s) to meet and consult with the Association on matters of concern. Section 5.2: Academic Freedom A. Basic Principles Academic freedom is guaranteed, encouraged and promoted. Academic freedom is to operate within a teacher decision-making model that is based on informed professional judgment and within the following guidelines: B. Controversial Issues 1. the curriculum as outlined in the courses of study as adopted by the District; 2. the adopted procedures for the selection of instructional materials; 3. accepted standards of professional responsibility; 4. a commitment to our democratic traditions; 5. a concern for the rights, welfare, growth and development of children; 6. an insistence upon objective scholarship; 7. a recognition of the maturity level of students; and 8. the UW CEL Evaluation Framework when fully adopted. The presentation and discussion of controversial issues in the classroom shall be on an informative basis and shall endeavor to develop in students a willingness to examine all sides of an issue before drawing inferences or conclusions. Employees shall ensure that presentations and discussions are done in such a manner that gives due respect to one another's rights and opinions. Students will be encouraged to reach their own conclusions regarding controversial issues. C. Citizen Complaint Procedure: 1. Notification to Employee When a complaint is received at the school, the employee(s) should be notified of the complaint and its source. 11

24 2. Initial Process The employee or principal shall contact the complainant and, if possible, resolve any misunderstanding. If the complainant requests withdrawal of the book or item, a copy of the Marysville School District form (Citizen's Request for Reconsideration of a Book or Instructional Material) shall be presented to the complainant with an explanation of the procedure for registering a complaint. If the issue relates to a challenge regarding the use of certain instructional material(s), instructional methods, or course content, no change normally shall be required in said use until the process herein has been utilized and a final decision made. 3. Completion of Process If a request for reconsideration of instructional materials is completed by the complainant, the material in question shall be reviewed by the Instructional Materials and Curriculum Committee within fifteen (15) working days, or the Instructional Materials and Curriculum Committee may refer the challenged instructional material to appropriate area committee for evaluation. The Instructional Materials and Curriculum Committee shall make a recommendation within twenty (20) working days to the Superintendent. The Superintendent shall make a recommendation concerning the challenged materials to the Board for their decision. The notification of the decision shall be sent to the complainant within ten (10) days of Board action. 4. Implementation of Decision and Employee Right of Appeal Section 5.3: Personnel File The staff shall take appropriate action to implement the decision of the Board of Directors. Affected employees reserve the right to appeal said decision through the grievance procedure. A. File and Right to Review Each employee shall have at the District Service Center a personnel file in which is filed those items pertinent to employment matters and employment history. The employee has the right to review the file and it will be an employee courtesy to make prior arrangement to do so. B. Notification and Right to Respond The employee shall be notified and receive a copy of any material at the time such material is placed in his/her personnel file. Should the employee so wish, a statement may be attached which speaks directly to any concern regarding that specific item. C. Derogatory Material No derogatory material, except for material that relates to student health and/or safety, shall remain in an employee's personnel file or supervising administrator s working file (as defined below) for more than a combined total of three (3) years from the date of entry unless a continuation of the same type of problem is shown in the file within that three (3)-year period. It will be the responsibility of the employee to request the removal of any such material. 12

25 D. Supervisor s Working File Nothing in this section shall be interpreted to limit a supervising administrator's right to keep a paper or electronic employee working file which may contain such records as are necessary to meet said administrator's responsibilities. The following provisions shall apply to such working files: 1. Regarding complaints against an employee, see Section Employee Discipline (Just Cause) of this Agreement. 2. An employee wishing to review the contents of a supervising administrator's working file may request, in writing, an appointment for that purpose. Upon request an employee will be given a copy of any documents contained in the working file. 3. With the exception of copies of evaluations, nothing will remain in paper or electronic working files longer than three (3) years as per Article V, Section 5.3 C. Section 5.4: Employee Protection A. District Liability Insurance The District will purchase liability insurance for the purpose of protecting employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties. B. Personal Property 1. The insurance pool agrees, subject to the applicable District paid deductible of one thousand dollars ($1,000), to pay loss incurred by an employee who sustains unforeseen, unexpected, or unintended damage to or theft of personal property while the property is on District premises and is being used for purposes usual, customary, and incidental to the employee's job duties and has been inventoried with the Risk Management office using District form PUR0018. A list of personal equipment must be submitted at the beginning of each school year. Claim benefits shall be based upon replacement cost. Criteria to place equipment on inventory must, under most circumstances, have a minimum value of two hundred fifty dollars ($250) and/or serial number. 2. The District shall provide a secured area for storage of employee's personal belongings. C. Absence Due to Injury on Job Whenever an employee is absent from employment and unable to perform duties as a result of personal injury sustained in the course of employment, said employee shall be entitled to use accumulated sick leave. In the event the employee acquires Industrial Insurance Benefits in the form of time-loss payments, the employee shall have the option of having sick leave benefits provided on a pro rata basis so that the combination of time loss payments and sick leave benefits will equal the employee's regular salary (under no combination of the above shall an employee be paid greater than his/her current salary amount), or said employee may choose to utilize full accumulated sick leave before accepting time loss payments. Under the first option, deductions from accumulated sick leave will be made on the same pro rata basis. Upon exhaustion of sick leave, said teacher shall be entitled to leave without pay (except for any Worker's Compensation Award) for the balance of the school year, and then shall be entitled to return to service by the immediate beginning of the following school year. 13

26 D. Medical Procedures Teachers will not be required to perform medical procedures, as defined by State law. Section 5.5: Safe Working Conditions A. Compliance with Law The District shall comply with state and federal laws pertaining to employee safety and health. Employees shall be expected to exercise reasonable care with respect to the safety and health of pupils and the safety of property. B. General Employee Protection Employees shall not be required to work under unsafe or hazardous conditions or to perform tasks which endanger their health, safety or well being according to standards established by state and federal guidelines. C. Inappropriate Behavior Directed toward Employees The District does not expect its employees to tolerate abusive, intimidating, threatening, or harassing behavior, whether in a verbal, written, or electronic form, from any student, parent, guardian, or other person. The District will support an employee faced with such behavior in at least, but not limited to, the following ways: 1. If such behavior is disruptive to the environment of the classroom or work area, the employee may ask the individual to leave. If that person refuses, the employee has the right to contact an administrator, security or School Resource Officer (SRO) and ask to have the individual removed. 2. The District will support and assist an employee faced with such behavior if said employee chooses to report the matter to proper law enforcement personnel who can investigate possible violations of state law, including, but not limited to, RCW 28A When an employee is faced with communication of an abusive, intimidating, threatening or harassing nature, the employee is not obliged to respond directly to this communication. The employee shall inform the building administrator who will assist in resolving or responding to the issue. 4. The District will be responsible for providing a safe and secure working environment for all employees and for taking action to stop any reported abusive, intimidating, threatening, or harassing behavior. Section 5.6: Facilities As District space issues are resolved through the construction of facilities, employees shall be provided space to store instructional materials and supplies, a workroom to aid in preparation of instructional materials, an appropriate room to serve as a faculty lounge and a communications system between work stations and the principal's office. 14

27 The District will provide each employee with a permanent work station, which minimally includes a desk and chair, adequate filing cabinets, computer and phone, a cabinet/closet that can be locked, and proper ventilation. If an employee s permanent work station is not available during the employee s prep times, the District will provide the employee with a work area during their prep times where students are typically not present and that provides computer and telephone access, a desk and chair. Teachers who do not have a regularly-assigned classroom and are asked to rove during the day between different classrooms will not be required to do so for more than one (1) year. Section 5.7: Student Discipline A. Employee Responsibility and Right to Discipline The certified employee is an educational professional who has an affirmative responsibility to implement and maintain effective discipline as required by the Board of Directors. Employees are empowered to take disciplinary action to correct a student who disrupts normal classroom activities, abuses or insults an employee as prohibited by law, willfully disobeys an employee, uses abusive or foul language directed at a District employee, school volunteer, or another student, violates school rules, or who interferes with an orderly education process. In discharging this responsibility, certificated personnel agree to maintain professional expertise in the area of student discipline. B. Written Building Guidelines and Procedures and Annual Review Each building shall have written guidelines and procedures regarding student discipline. Such guidelines and procedures, and any actions dealing with student discipline, must be consistent with the adopted Student Rights and Responsibilities Policy and with Washington State codes and law. The administrator and employees in a school shall confer at least annually in order to review written school and District disciplinary standards and to discuss uniform enforcement of those standards. This meeting may also be used to update all employees regarding applicable federal, state and local laws, and District rules, regulations and procedures pertaining to student rights and processing of student discipline. C. Board and Administration Support The Board and administration shall support employees in the application of reasonable disciplinary measures to maintain order and discipline, to protect the safety and well-being of pupils and employees, and to control the conduct of students to ensure that the mission of educating students may be achieved. D. Student Offenses A student committing an offense under Chapter 9A.36, 9A.40, 9A.46, or 9A.48 RCW when the activity is directed toward the teacher, shall not be assigned to that teacher s classroom for the duration of the student s attendance at that school or any other school where the teacher is assigned. E. Notification Right Certain Offenses Employees have the right to be notified by the principal whenever said principal has been officially notified that a student has been convicted in adult criminal court or adjudicated or entered into a diversion agreement with the juvenile court on any of the following offenses as defined by law: 1. A violent offense (as defined in RCW 9.94A.030); 2. A sex offense (RCW 9.94A.030); 15

28 3. Inhaling toxic fumes (RCW 9.47A); 4. A controlled substance violation (RCW 69.50); 5. A liquor violation (RCW ); 6. Assault--physical harm (RCW 9A.36); 7. Kidnapping, unlawful imprisonment, and custodial interference (9A.40); 8. Harassment (RCW 9A.46); and 9. Arson, reckless burning, and malicious mischief (RCW 9A.498). F. Disruption of Class or Activity Any student who creates a disruption of the educational process in violation of building disciplinary standards while under a teacher s immediate supervision may be excluded by the teacher from his or her individual classroom and instructional or activity area for all or any portion of the balance of the school day, or up to the following two (2) days, or until the principal or designee, parent or guardian when possible, and teacher have conferred, whichever occurs first. Except in emergency circumstances, the teacher first must attempt one (1) or more alternative forms of corrective action. In no event without the consent of the teacher may an excluded student return to the class during the balance of that class or activity period or up to the following two (2) days, or until the principal or his or her designee, parent or guardian when possible, and the teacher have conferred, whichever occurs first. In such instances of temporary removal, the employee has the right to be consulted with regard to the facts of the situation and any actions to be taken with the student, including recommended suspension or expulsion. G. Discipline of Special Education Students Special education students may be suspended for up to ten (10) cumulative days in a school year without resort to special processes or parental consent. Suspension for a partial day constitutes one (1) day. For any additional suspensions beyond the ten (10) cumulative days in a school year, incidents involving a special education student and illegal drugs, controlled substances, or weapons, and disciplinary or emergency expulsions of a special education student involve special processes under District policies and state and federal law. Therefore, if an employee is involved with any of these situations or potential situations, they are advised to immediately consult with the appropriate building administrator. H. Right to Defend Self or Others An employee has the right to defend himself/herself or others when endangered by violent behavior. Also recognizing that depending on the age and size of the students involved, physical interventions may or may not be appropriate to halt physical abuse or violence. I. Timely Administrative Response The appropriate administrator will respond and give attention within no more than three (3) working days to all employee s requests regarding discipline problems beyond the employee s classroom management plan. This paragraph is not intended to broaden the time limitations contained in paragraph F of this section. J. Right to Recommend Suspension or Expulsion Employees have the right to recommend suspension or expulsion of a student. Where such recommendations are made, but not agreed to by the administration, the administration shall, after receiving a written request outlining the employee s recommendation and the reasons therefore, provide an explanation to the employee regarding their disposition of the recommendation. 16

29 K. Association Representation Student Discipline Hearings For student discipline hearings at which an involved employee is requested to attend, the involved employee shall be guaranteed the right to have Association representation. Section 5.8: Advance Notice for New Student Enrollees At the time of registration, other than the first week of school, no student shall attend class until the classroom teacher has been notified of the student s enrollment in the affected classroom. Such notice shall serve the purpose of acquiring the necessary classroom desk, materials and/or other supplies. Students will attend class the school day following registration and confirmed notice to the teacher. Upon teacher request, a student may be admitted sooner. Section 5.9: Student Grading It is recognized that the administration has the right to change a final grade of a student, provided that: (a) the employee who originally determined the grade shall first be consulted, and (b) a notation will be made on the student's permanent record that the grade had been changed by the administration. Section 5.10: Building Visitors All parents have the right to visit their child s classroom for the purpose of viewing classroom procedures, teaching materials and class conduct (RCW 28A ). Each building shall have written procedures and guidelines that visitors must follow. Building procedures and guidelines shall include: A. All visitors shall check in through the school s main office. B. All visitors shall prearrange visitations with the teacher. At the request of the teacher, the building principal or designee shall accompany the visitor throughout the visitation. C. Process for removal of unscheduled or undesirable visitors. Employees shall have the opportunity to provide input for the development of building visitation procedures and guidelines. It is recommended that there be an annual review and updating of said procedures and guidelines. Section 5.11: Individual Employee Contracts A. Basic Contract Each certificated employee is required by law to sign an individual contract with the District. All such individual contracts shall conform with Washington State Law, rules and regulations set forth by the State Board of Education and the terms and conditions of this Agreement. Individual contracts may be issued upon ratification and signing of a successor agreement or May 15 th, whichever occurs first, provided, however, that if individual contracts are issued prior to the completion of negotiations, they shall contain a rider allowing adjustments so that all employees' contracts conform to the final negotiated agreement. B. Release from Contract A teacher shall be released from obligations of the individual contract upon request under the following conditions: 17

30 1. Request for release received by the District prior to August 1 st. 2. Request for release received after August 1 st shall depend upon the availability of suitable replacement. 3. Request for release based upon circumstances which makes it impossible for the employee to fulfill the terms of the contract. C. Supplemental Contract 1. Issuance of Supplemental Contracts Supplemental contracts shall be issued for supplemental assignments covered by this Agreement including co-curricular activities. Such assignments are for one (1) year and shall be in accordance with current statutory provisions. Such supplemental contracts shall be issued as early as possible, preferably prior to the close of the school year. Service shall not be required if no supplemental contract has been issued. In the event that the District intends not to reissue a supplemental contract, the employee shall be notified in writing of the reason(s) for such action. Said notification should take place prior to the conclusion of the school year, preferably within thirty (30) working days after the conclusion of the work period. 2. Posting of Supplemental Contract Positions Electronic posting to the staff and Association, through and the District website, not less than one (1) week prior to the closing of the posting shall be required for all new and vacant supplemental contract positions. Such postings shall include, if known, specific assignment and school, the qualifications for the position, and the procedure for applying. During the school year, such postings shall be placed on the faculty bulletin board at each school and at the Service Center and shall be sent to the Association Office. 3. Payments under a Supplemental Contract Employees with supplemental contracts involving the activities pay schedule shall normally be paid on a twelve (12)-month basis. In the event such a contract is not executed by the first payroll period of the year, payment shall be made on an equal monthly basis beginning on the first pay period following execution of the contract and continuing through August 31 st. D. Contract for Additional Days 1. Positions with Additional Days Employees holding any of the following positions shall be offered supplemental contracts for the number of additional days beyond the regular required work year indicated: Secondary Counselors: Librarians: 10 days 5 days Psychologists: 7 days 18

31 These additional days are to be worked on site but may be in partial or full days and may be worked before or after the regular work year and also on any non-regularly contracted work day including, but not limited to, weekends and holidays. 2. Other Positions and Additional Days Nothing shall preclude the District from offering additional days of employment on supplemental contracts for other positions than those listed in paragraph 1 above. The Association shall be provided, upon request, a list of any other additional days by position that are offered to employees on supplemental contracts. 3. Pay for Additional Days The pay for these additional days shall be at the employee's per diem contract rate of pay. Section 5.12: Assignment, Transfer, and Vacancy A. Definitions For the purpose of this Section the terms below shall be defined as follows: 1. Assignment - An "assignment" shall mean the placement of an employee in a particular grade level, subject(s), or specialty area. 2. New Position - A "new position" shall mean a new teaching or specialty position that did not previously exist and was not previously filled by an employee. 3. Reassignment - A "reassignment" shall mean a change in an employee's assignment. A reassignment may or may not involve a transfer, depending on whether the reassignment is to a different school. 4. Seniority - Seniority shall mean experience in the Marysville School District (to the nearest tenth of a year as applicable to placement on the salary schedule, excluding substitute experience). 5. Transfer - A "transfer" shall mean a move by an employee from one school to another. A "voluntary transfer" shall mean a transfer the employee requested. An "involuntary transfer" shall mean a transfer the employee has not requested. 6. Vacancy - A "vacancy" shall mean any newly-created position to be filled or any previously existing or continuing position to be filled to which no current employee will be assigned. 7. School or building A school or building for the purpose of this Section shall not only include the traditional site identified by a name (Liberty Elementary, Pinewood Elementary, etc.), but also at the secondary level each Small Learning Community shall be considered a school or building. B. General Provisions 1. The Human Resources Office shall electronically post a notice of certificated positions as they become available. 19

32 2. The process of staff selection, transfer, or reassignment is guided by qualifications of the candidate as they relate to the duties and responsibilities of the particular position established by the Board of Directors. 3. Seniority will be a factor after the above issues have been resolved to the satisfaction of the District except as provided below. 4. On or before February 1 st of each year, the District will notify the Association that their members can apply for transfers or reassignments. An employee interested in any certificated position shall submit a request form no later than March 1 st, such form to be available in all buildings. Such submittals shall be considered when filling vacancies until the last Friday in August preceding each school year or until the employee accepts a transfer, whichever occurs first. 5. When filling vacancies and new positions, no person from outside the District shall be hired until it has been determined that all current employees who are properly certified and/or endorsed for the position and who have submitted a transfer and/or reassignment request that would be applicable to the vacancy or new position have been offered the position but declined to accept it. 6. In emergency situations, acting appointments may be made for the remaining portions of the school year. 7. The District reserves the right to employ the person that it deems most qualified for the position. C. Postings All new positions and vacancies covered by this Agreement will be electronically posted and a copy of the posting sent to MEA. The first five (5) days shall be reserved for in-district applications. Individuals who have requested a voluntary transfer shall submit a letter of application for the posted position. D. Assignment/Reassignment 1. Reassignments to another position will be considered and made upon a request of the employee, when in the judgment of the building principal the best interest of the school system will be served. Assignments within a school shall be made by the building principal subject to the approval of the Superintendent or designee. 2. Reassignments may be made to permit experience at different levels of instruction to achieve better staff utilization or to facilitate personal adjustments. 3. Employees shall be free to request a change in assignment and to discuss the matter with the appropriate administrator. 4. When it is evident that program needs within a school cannot be met except by reassigning current staff within that school, the building administrator shall give notice to the staff and solicit voluntary reassignment requests from the staff during the school year. Consideration of such request will be made subject to building and District needs. 5. Upon their request, employees being reassigned to a different classroom will receive assistance from the District in moving instructional materials. The move will be accomplished so that such materials are available at the new place of assignment by the first day of the new assignment. 20

33 6. If a teacher is reassigned to another position (meaning a change in grade level for elementary, subject taught for secondary, or room change at either level) within the same building during the school year, or within ten (10) days prior to the start of the school year to meet an emergency situation, he/she may request two (2) substitute days or may be compensated for two (2) substitute days at the higher rate of pay. This time will be used for curriculum planning and preparation. Principals will make every effort to avoid a short notice reassignment to the same teacher two (2) years in a row. E. Voluntary Transfer 1. A request to transfer to another building will be granted when considered to be in the best interest of the District. To be considered for transfer, the employee must have been employed by the District for a minimum of two (2) years. An exception may be made should the transfer be deemed by the District to be necessary and serve the best interests of the District. 2. If a vacancy occurs, as determined by the District, during the summer months, employees who have specifically requested such position will be contacted by phone by the District. The employee will notify the District indicating his/her interest in said position within two (2) working days of receiving such notification. The employee will have the responsibility of notifying the Human Resources Department of any change of phone number. 3. When it is evident a transfer is needed from a school, the building administrator shall give notice to the staff and solicit voluntary transfer requests. Consideration of such request will be made subject to building and District needs. F. Involuntary Transfer Involuntary transfers shall be handled in accordance with the following: 1. When an employee is to be involuntarily transferred, he/she shall be given the opportunity to apply for existing vacancies. 2. An employee shall be notified of the reason(s) for an involuntary transfer through a meeting with the appropriate administrator. 3. At least three (3) work days written notice shall be given to the employee before an involuntary transfer is made. The employee may waive this notice requirement. Employees shall be notified of an involuntary transfer before notification to the rest of the staff. 4. Before an involuntary transfer is made, the employee shall have the opportunity to discuss his/her new assignment with the Human Resources Executive Director or immediate supervisor. 5. The administration will make a reasonable effort to preclude an employee from being involuntarily transferred from one building to another twice during the same school year or from being involuntarily transferred during two (2) consecutive years. No employee shall be subject to an involuntary transfer more than two (2) times within a five (5)-year period, except in an emergency situation. 6. If an employee is transferred for the following school year, but before the first student contact day of the school year begins an opening for which the employee is qualified occurs at the original school, the employee shall be given the option to accept that opening. 21

34 G. District Assistance for Transfers 1. If an employee is voluntarily or involuntarily transferred during the school year, or within ten (10) days prior to the start of the school year to meet an emergency situation, he/she may request two (2) substitute days or may be compensated for two (2) substitute days at the higher rate of pay. An employee who is involuntarily transferred in two (2) consecutive years may request two (2) substitute days or may be compensated for two (2) substitute days at the higher rate of pay regardless of when the second year involuntary transfer occurred. 2. Upon their request, employees being voluntarily or involuntarily transferred will receive assistance from the District in moving instruction materials. The move will be accomplished so that such materials are available at the new school or place of assignment by the first day of the new assignment. H. Intra-District Voluntary Staff Exchange 1. With approval by both staff members and their administrators, two (2) staff members may exchange job positions for one (1) school year. Such exchanges are temporary and each staff member will be considered placed at their original school for the following year s staffing. 2. After the year, if all four (4) parties agree, the transfers can become permanent placements. Section 5.13: Employee Discipline (Just Cause) A. Just Cause No employee shall be disciplined (including written warnings, written reprimands, or suspensions) without just cause. No employee will be terminated or adversely affected as to employment status without just cause. B. Grounds for Discipline The specific grounds forming the basis for such disciplinary action will be made available to the employee in writing upon request. C. Progressive Discipline The District agrees to follow a policy of progressive discipline except in situations where the gravity or the problem of severity of the employee's conduct warrants a departure from the policy of progressive discipline. D. Notice and Investigation 1. Initial Notice and Decision to Investigate From the time an employee s immediate supervisor or other administrator becomes aware of a complaint, concern, or allegation against an employee, up to fifteen (15) business days shall be allowed for the District to make a determination whether an investigation that could lead to disciplinary action is necessary. Within five (5) business days of a determination that an 22

35 investigation is necessary, the employee will be informed of the general nature of the complaint, concern, or allegation; that an investigation is to be undertaken; and that at a future time they will be interviewed as a part of the investigation. In some cases, the District may also inform the employee he/she is being placed on administrative leave in accordance with paragraph G below. 2. Employee Interview During Investigation When the employee is interviewed later as part of the District s investigation, the employee will be informed in specific terms of the initial complaint, concern, or allegation that gave rise to the investigation and in specific terms of any additional complaint, concern, or allegation that was made during the course of the District s investigation. Also at this time, the employee will be provided a copy of any written statement originating from any party who had made a complaint, concern, or allegation against the employee. 3. Right to Respond to Complete Investigative Record An employee shall have a right, before any disciplinary action is taken, to receive and respond to the complete investigative record. This right may require another investigative meeting with the employee even if the employee had been interviewed earlier in the investigative process. 4. Right to Attach Statement Should the employee so wish, he/she may attach a statement which speaks directly to any written complaint, concern, or allegation or to any disciplinary action that may be taken. 5. Personnel File E. Representation Only after an investigation and if disciplinary action is taken may any reference to a complaint, concern, or allegation be included in the employee s central office personnel file. An employee shall be entitled to Association representation during any disciplinary action. An employee, upon request, shall also be entitled to Association representation for any meetings held resulting from the requirements of paragraph D above. The principal or District's agent shall inform the employee of his/her right to have representation for any meetings required by this paragraph. Employees, who are to be interviewed because they may have information that is relevant to a District disciplinary investigation but who are not under investigation themselves, shall have the right, upon request, to have an Association representative observe the interview. F. Letters of Clarification Letters of Clarification may be used by the District consistent with the following: 1. Letters of Clarification are not disciplinary and do not replace any of the progressive discipline steps. Letters of Clarification shall make no findings of misconduct and shall impose no sanctions. 2. Letters of Clarification are appropriate when there is inadequate just cause for discipline because the evidence of misconduct is inconclusive or the employee did not have fair notice of the rule or 23

36 performance expectation. Letters of Clarification remind or clarify for the employee an existing rule or conduct expectation. 3. Letters of Clarification are provided to the employee, the Association President, and the Human Resources Executive Director. A copy may be maintained by the employee s supervisor in the working file. The employee shall have the right to have a response to the Letter of Clarification attached to the supervisor s working file copy. 4. Employees have the right to request removal of a Letter of Clarification from the supervisor s working file after three (3) years from the date of the letter if there have been no further incidents related to the clarified existing rule or conduct expectation described in said Letter. 5. Letters of Clarification are not disciplinary and will not be used as evidence of discipline in any future disciplinary action. Letters of Clarification serve only as notice to the employee regarding conduct expectations. 6. Letters of Clarification are not subject to the public disclosure law because they are not disciplinary. G. Administrative Leave An employee may be temporarily removed from his or her regular assignment pending an investigation into alleged misconduct in accordance with the following: 1. This action shall not be considered disciplinary and shall be an administrative leave with full pay and benefits. 2. This action shall only be taken in situations when the employee s continued presence in the workplace could threaten or endanger children, self or others; disrupt the educational or work environment; or interfere with an investigation. The District will, at the time the employee is temporarily removed from his or her regular assignment, provide the Association President the specific reason(s) that warrant in the District s opinion why administrative leave is necessary. 3. The District will begin the investigation as quickly as possible and engage sufficient investigatory resources to complete investigations in a timely manner. The District will, on an agreed-to basis, provide the Association with updates on the status of the investigation. 24

37 ARTICLE VI: LEAVES Section 6.1: Annual Leave for Illness, Injury, and Emergency The following provisions shall apply to annual leave for illness, injury and emergency. A. Annual Allowance An employee shall receive an advanced annual allowance of twelve (12) days each year with full pay to be used for the sole purpose of illness, injury, and emergency as defined herein. Unused leave may be accumulated to the extent provided by code and/or law. For employees contracted less than a full school year and/or contracted as a part-time employee, the twelve (12) days shall be prorated, based on the employee's contract. In the event an employee should terminate employment or go on a long-term leave without pay for more than twenty (20) days, having used, because of advance crediting, more annual leave days than entitled, adjustment to salary due but unpaid, or procedures for repayment, will be implemented by the District as appropriate. B. Paid Leave An employee s full per diem salary will be paid for absences due to illness, injury or emergency which is within the period covered by the accumulated annual leave. C. Return to Employment with District Upon return to employment with the District, any former employee shall be credited with the balance of unused illness, injury, and emergency leave accumulated at the time of termination of his/her employment with the District unless the amount of leave is increased or decreased as a result of employment in another school district. D. Annual Accounting An annual accounting of illness, injury, and emergency leave balance will be made for each employee. E. Absence beyond Accumulated Annual Leave Any additional day's absence must be authorized and a deduction in salary equal to a fraction of the total contract salary will be made for each day's absence. The fraction will have a number one (1) as the numerator and the number of days contracted as the denominator. F. Special Provisions Applicable to Personal Illness or Injury Employees claiming illness or injury leave benefits for more than five (5) consecutive days may be requested to submit a written statement from a regularly-licensed physician or other appropriate health care provider which confirms the need for the six (6) or more days of absence. Prior to the employee's return to work, the District may require a written statement from a regularly-licensed physician or other appropriate health care provider stating the first date of the employee's approved return to work. Any restrictions on the employee's performance will be noted on the written statement. 25

38 G. Special Provisions Applicable to Emergency Leave Should the emergency be of such a personal nature that the individual finds it difficult to define the reason for the absence in writing on the absence report form, he/she may, in lieu of the written statement, request a private and confidential conference with the Human Resources Executive Director. 1. Business Emergency leave may be used for urgent business which cannot be accomplished on a weekend or after the regular contract day. The District may require documentation verifying a travel emergency. This leave will be deducted from annual leave for that employee. a. The problem must be suddenly precipitated and/or of such nature that preplanning could not relieve the necessity for the employee's absence; and b. The problem cannot be one of minor importance or of mere convenience, but must be of a very serious and immediate nature. 2. Care of a Child and Injury or Illness in the Family Annual leave shall be used for: (a) the care of a child of the employee, or (b) the care of an employee's spouse, domestic partner, parent, parent-in-law, grandparent, grandparent-in-law, siblings, or a relative residing in the employee's household who has a serious health condition or an emergency condition. The employee shall be allowed three (3) additional days with pay minus the salary cost of a substitute. These three (3) additional days will not be deducted from annual leave for that employee. The same relatives listed above of an employee s domestic partner shall also be included. 3. Childbirth A male employee shall be allowed leave for the birth or adoption of his child. This leave will be deducted from annual leave for that employee. 4. Subpoena In the event an employee is subpoenaed to appear in court, except when the employee testifies against the interests of the District, annual leave may be utilized. Such leave shall be granted with full pay less any payments allowed for appearing. Payments for appearing must be reported on the absence report form. A copy of the subpoena and a verification of appearance from the court must be attached to the employee s time sheet for leave to be approved. This leave shall not be deducted from annual leave for that employee in cases in which the employee testifies in support of District interests. 5. Adoption Adoption procedures meeting the emergency leave criteria shall qualify as emergency leave. This leave will be deducted from annual leave for that employee. 6. Domestic Violence It is the intent of the parties to comply with SHB 2602 passed by the 2008 regular session of the Legislature. 26

39 H. Cash Out An employee who is the victim of domestic violence, sexual assault, or stalking, or who has a family member who is a victim, shall be entitled to emergency leave or other applicable paid leave. The employee shall have the option to take leave on an unpaid basis as well. Family member under this law means any individual whose relationship to the employee can be classified as a child, spouse, parent, parent-in-law, grandparent, or person with whom the employee has a dating relationship. An employee taking leave for reason of domestic violence, sexual assault or stalking must provide advance notice that the leave is being taken for one of the reasons enumerated above, provided, however, that if the employee is not able to give advance notice, the employee or designee must notify the District before the end of the first day of absence. The District may require written verification that the employee or family member is a victim of domestic violence, sexual assault, or stalking. The District may additionally require written verification of the family relationship. Such written verification must be provided the District in a timely manner. The following provisions are to govern an attendance incentive program whereby employees can receive compensation for unused annual leave: 1. In February of the year following any year in which a minimum of sixty (60) days of annual leave is accrued, an employee may receive remuneration for unused annual leave accumulated in the previous year at a rate equal to one (1) day's monetary compensation of the employee for each four (4) days of accrued annual leave in excess of sixty (60) days. 2. The annual leave for which compensation has been paid shall be deducted from the employee's accrued annual leave at a rate of four (4) days for every day's compensation paid. 3. An employee or the employee's estate at the time of separation from District employment due to retirement or death shall receive remuneration at a rate equal to one (1) day's current monetary compensation of the employee for each four (4) days of annual leave to a maximum of one hundred eighty (180) days. 4. The District shall establish rules consistent with the regulations of the State Board of Education and the Office of Superintendent of Public Instruction, including changes of months for the purpose of accounting, to allow employees to claim benefits hereunder, provided that for purposes of H. 3. (above) no employee may receive compensation under this section for any portion of annual leave accumulated at a rate in excess of one (1) day per month. 5. At the time of separation from the District for reasons other than retirement, death, or transfer to another district, employees shall receive no annual leave buy back. I. Leave Sharing The following provisions shall govern the leave sharing program: 1. The purpose of this program is to permit District employees to come to the aid of a fellow employee who is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has 27

40 caused or is likely to cause the employee to take leave without pay or terminate his or her employment. 2. Employees having more than twenty-two (22) days of annual leave for illness, injury and emergency may share accumulated days with another employee in the bargaining unit who is in a situation as described in I. 1. above, provided the remaining balance does not go below twentytwo (22) days. 3. Employees receiving such leave sharing benefit must have exhausted their accumulated annual leave for illness, injury and emergency, and any other paid leave benefits available to them. Employees requesting leave shall complete Per 0015 "Leave Share Request" and Per 0052 "Physician/Health Care Practitioner" forms. 4. While an employee is on leave under this program, he/she shall be classified as an employee and receive the same treatment in respect to salary, wages, and employee benefits as the employee would normally receive if using accrued annual leave or sick leave. 5. Employees volunteering to participate in this program will complete form Per 0014 "Leave Share Donation" and submit as requested on said form. 6. The leave sharing program shall be managed so that it does not become a significant cost item to the District provided, however, the employee rights under this leave sharing program shall not be altered during the term of this Agreement without the approval of the Association. 7. A maximum of five hundred twenty-two (522) days may be received by an employee during their total lifetime employment in the State of Washington per RCW 28A Section 6.2: Bereavement Leave A. Basic Allowance The employee shall be allowed up to five (5) days leave with pay, non-accumulative, for the death of any person that in the employee s judgment necessitates a leave of absence for bereavement purposes. This leave does not affect the employee s annual leave balance. B. If Travel a Factor Should travel distances related to leave taken in paragraph A above so demand, an additional one (1) day may be allowed for that purpose. C. Additional Bereavement Leave 1. The District recognizes the need for additional bereavement leave on occasion. An employee may request one (1) additional non-accumulative bereavement day per year through the Human Resources Office. If this day has been used, an employee s next option would be to use a personal leave day, or if none available, up to one (1) emergency leave day as per Section 6.1 G above. 2. If situations where personal problems are a result of bereavement, the staff member may be granted an extended leave of absence without pay, upon approval of the Superintendent of 28

41 Schools. Such an extended leave shall not exceed ninety (90) days and the staff member shall maintain his/her place on the salary schedule. Section 6.3: Personal Leave Section 6.4: Maternity Leave Each certificated employee shall be entitled to two (2) Personal Leave days, frontloaded annually, pro-rated per FTE. Personal Leave will be front loaded in hours, but can only be used in halfday or full-day increments. Such leave shall not be used to engage in other employment or commercial ventures. Beginning in the school year, each certificated employee will be entitled to three (3) Personal Leave days, frontloaded annually, pro-rated per FTE. The employee is encouraged to submit his/her substitute request no less than three (3) work days in advance of the request date. Personal leave will be granted on a first come, first served basis, when a qualified substitute is available to cover the absence of the employee. Personal leave will not be granted during the first five (5) work days and the last ten (10) work days of a school year. Exceptions may be allowed, for clearly-stated reasons, on a case-by-case basis. Request for an exception must be submitted through the leave of absence request process, using the Certificated Leave of Absence Request form. The leave request form should be sent to the Superintendent or his/her designee and a written response will be provided within five (5) working days. If the employee does not receive notification of the determination within five (5) working days, the leave request will be granted. Up to three (3) days can be carried over each year to a maximum of five (5) total banked days. Hours in excess of the three (3) days will automatically be cashed out, at the substitute teacher rate of pay, with the August payroll. By June 30th of each school year, the employee may submit a request, in writing, to the Payroll Department, to cash out up to three (3) unused personal leave days. Unused personal leave will be cashed out at the hourly substitute teacher rate of pay, with the August payroll. Teacher s Retirement System (TRS) Plan 1 retirees are not eligible for cash out of personal leave during the two (2) years prior to their retirement date. Should Plan 1 members cash out any personal leave, within this time frame, the District will recover the amount of the cash out, from the employee. The options contained in this Section are available to an employee with regard to leaves related to childbirth and/or childcare. A. Childbirth Leave Childbirth leave refers to the period of temporary disability due to pregnancy and/or the birth of a child by an employee. The length of childbirth leave may vary and is based on the employee s and child s needs as verified by a treating physician. A pregnant employee may take a leave without pay or use some and/or all of her accumulated illness, injury, or emergency leave to cover temporary disabilities caused or contributed to by pregnancy, childbirth and recovery there from. The purpose of this option is to cover only the period of disability and 29

42 should not be used if the employee desires a longer leave. Notice of the number of accumulated illness, injury, or emergency leave days the employee intends to use consecutively and intends to retain shall be provided at the time she notifies the District as required below. Leave days for the disability period not covered by illness, injury or emergency leave shall be without pay and benefits unless otherwise required by law. Except in cases of medical emergency, the employee shall inform the District at least thirty (30) school days in advance of her intention to take leave, and of the approximate time she expects to return to work. Childbirth leave shall extend no more than thirty (30) work days immediately following childbirth unless the employee's physician certifies that the employee is unable to perform her normal duties as an employee due to a temporary disability caused by childbirth. Sick leave may be used on contracted calendar year days while on childbirth leave. B. Childcare Leave Childcare leave refers to the following circumstances: 1. After the disability period related to pregnancy, 2. After the birth of a child, 3. After the adoption of a child, or 4. After acquiring long-term parental guardianship due to the execution of a will or by statute. An employee may take a leave without pay or use some and/or all of his/her accumulated illness, injury, or emergency leave for childcare leave. Notice of the number of accumulated illness, injury, or emergency leave days the employee intends to use and intends to retain shall be provided at the time s/he notifies the District. Employees shall inform the District at least thirty (30) days in advance of their intention to take childcare leave, and the date of return shall be set at the time the leave is granted. Childcare leave must be taken within twelve (12) months following childbirth leave, the date of birth of a child, the date of adoption, or the date of acquiring long-term parental guardianship due to the execution of a will or by statute. Childcare leave is not required to be contiguous with the date of the childbirth leave, birth, adoption, or long-term parental guardianship. C. Additional Provisions Applicable to All Leave Contained in this Section 1. Employment shall be guaranteed upon return from any leave contained in this Section and shall be to the employee's former position unless agreed otherwise. Such position is subject to regular provisions of transfer and reduction in force. 2. The leaves contained in this Section which are without pay mean that the employee shall not accrue seniority or salary experience increment during the leave without pay. 3. In any instance in which there may arise a conflict between the provisions of this Section and any law, the law shall take precedence. 4. During any leave contained in this Section which is without pay or benefits, insurance eligibility and benefits may be continued at the employee's option and at the employee's own expense where permitted by insurance company agreements and consistent with provisions of COBRA. D. State/Federal Family Leave Laws The District will apply the requirements of all State and Federal leave laws in accordance with the following: 30

43 Section 6.5: Disability Leave 1. Any additional or improved employee right or benefit required by said laws shall be implemented. 2. No right or benefit provided in this Agreement shall be eliminated or diminished as a result of said laws unless a current right or benefit is viewed by either party as illegal under said laws. In that event, the District and Association agree to negotiate any required changes in the current Agreement. 3. The current twelve (12) weeks of guaranteed unpaid leave provided by the Federal Family and Medical Leave Act of 1993 shall be considered to run concurrently with any leave provided in this Agreement that fits the reasons for taking leave under said law. The Board of Directors may, at the employee's request, grant a leave of absence for a disability without pay, to any regularly-employed staff member. A. Application for Leave The employee must make application for leave. Such application must be made in writing to the Board of Directors, through the Superintendent, and must include a written statement by a licensed physician concurring that a disability exists which requires such leave. B. Duration of Leave The disability leave, unless otherwise specified by the District, shall extend until the beginning of the following school year. A request for extension may be considered if the employee has not been absent from his position ninety (90%) percent or more of the school calendar year and is still disabled. The Board, at its discretion, may end a disability leave in the event of termination of the disability when consistent with administration of the school programs in the best interest of the pupils. C. Application for Reinstatement The employee shall be required to make written application to the Board of Directors, through the Superintendent, for reinstatement. This application must be made no later than April 1 st for those requesting reinstatement for the following school year. This application must be accompanied by a written statement from a licensed physician concurring that the employee is no longer disabled. D. Contractual Status The contractual status of an employee shall not be affected adversely by any such leave of absence within limits set forth by this policy statement. The normal salary experience increment shall not be granted during this period. Section 6.6: Family Medical Leave Family Medical Leave will be administered in accordance with State and Federal laws. The Washington State Family Leave Act (FLA) builds on the existing similar benefits found in the federal Family and Medical Leave Act (FMLA) by providing additional benefits for women who are pregnant and to registered domestic partners. Women employees who take leave from work for pregnancy-related conditions or childbirth 31

44 and who qualify for leave under the federal Family and Medical Leave Act (FMLA) are entitled to additional leave benefits under the Washington State Family Leave Act (FLA). Registered domestic partners who qualify for FLA will be able to use their leave to care for a registered domestic partner who has a serious medical condition. FLA and pregnancy disability leave may not run concurrently, but FMLA will run concurrent with both FLA and pregnancy disability leave. This means if an employee is eligible for FLA and pregnancy disability leave, the employee will be eligible for more leave under the two state laws together than the leave provided under FMLA. FLA is also available for qualified registered domestic partners whereas FMLA is not. Finally, if an employee takes FMLA for a qualifying exigency related to a military deployment or if they take FMLA as a military caregiver, then they will not be using the benefits provided under FLA, so they could qualify for all 12 weeks of leave under FLA. Employees wanting more information on how FLA and FMLA integrate with each other should contact Human Resources as early as possible. Section 6.7: Professional Improvement Leave A. For Enhancing Skills Professional improvement leave may be granted to an employee for the purpose of enhancing skills and knowledge applicable to his/her professional position. This leave may also apply to overseas teaching opportunities. After two (2) years of service, an employee may be granted a one (1)-year leave of absence without pay for professional improvement, if requested before April 1 st preceding the desired year's absence. Notice of intent to return shall be submitted in writing by March 1 st of the year of absence to obtain employment for the ensuing year. Upon return, the employee will be given conditions for employment as nearly equal to his/her former position as possible when consistent with administration of the school program in the best interest of the pupils. B. For Professional Office After five (5) years of service, a leave of absence will be granted to serve in an elected or appointed state or national professional office, without pay, at the discretion of the Superintendent. The request must be submitted in writing before April 1 st preceding the desired year's absence. Notice of intent to return shall be submitted in writing by March 1 st of the year of absence in order to obtain employment for the ensuing year. Upon return, the employee will be given conditions for employment as nearly equal to his/her former position as possible when consistent with administration of the school program in the best interest of the pupils. Section 6.8: District Discretionary Leave The District recognizes that occasionally personal circumstances exist that support an employee s request for a leave of up to one (1) year without pay. This leave will be at the discretion of the Superintendent or designee and shall not occur more frequently than once in any ten (10)-year period for an employee. This leave will not necessarily apply to employees requesting a leave for change of career. District discretionary leave must be applied for by May 1 st of the year preceding the leave. Only employees who have worked for the District for two (2) years or longer will be considered. Notice of intent to return must be submitted in writing by April 1 st of the year of the absence. Upon return, the employee will be given conditions for employment as nearly equal to his/her former position as possible when consistent with administration of the school program in the best interest of the pupils. 32

45 Section 6.9: Governmental Leave After two (2) years of service, an employee may be granted up to one (1) year and not less than a quarter, a leave of absence without pay to serve in, or campaign for, an elected or appointed local, state or national government office. Extensions of such leaves for a successive period of time or approval of such a leave for or during a second or more consecutive year shall be subject to Board approval. Governmental leave may also be available to an employee to work for an elected or appointed government official. An employee planning to take governmental leave will provide the District with no less than thirty (30) days notice. Upon return, the employee will be given conditions for employment as nearly equal to his/her former position as possible when consistent with administration of the school program in the best interests of the pupils. Section 6.10: Sabbatical Leave The purpose of the sabbatical leave policy is to encourage and assist members of the teaching and administrative staff to engage in a program of personal and professional improvement through study, research, and/or travel, by offering a stipend to help meet a part of the financial burden. A. Limitations Sabbatical leave may be granted to not more than one (1%) percent of the total staff in any one (1) year. Granting of such sabbatical is dependent upon the financial resources available in the District. Availability shall be determined by the Board. B. Duration Sabbatical leaves shall be of a duration of not less than one (1) semester nor more than one (1) year. C. Prior Years of Service The applicant must have completed five (5) years of service in the District or five (5) years of service since the last sabbatical leave. D. Application Written application shall be submitted to the Superintendent by March 1 st. The application shall contain a carefully developed plan for professional or personal improvement through advanced study or research and the time to be devoted to the activities enumerated. A subsequent change in plans must be approved by the Superintendent in advance of the change. E. Selection All applications will be reviewed by a leave of absence committee of three (3) classroom teachers and two (2) administrators appointed by the Superintendent, and their recommendations heard before a recommendation is made by the Superintendent to the Board of Directors. The Superintendent will select the classroom teacher members of the committee from lists submitted by the President of the education association. F. Limitation on Other Compensation A member on sabbatical leave may not be employed for compensation or receive other income except that listed in the application and approved by the Board of Directors. The combined income from 33

46 scholarships or employment and the sabbatical leave stipend shall not exceed the contract income of the individual. G. Compensation and Return to Employment Compensation for sabbatical leave shall not exceed a sum equal to 50% of the recipient's regular salary and paid at the rate of one-half (1/2) of the salary per month as long as the recipient abides by the terms of the leave. The sabbatical leave year shall be counted the same as a teaching year for salary schedule placement purposes. The returning teacher will be placed in his/her former position or given conditions of employment as nearly equal to his/her former position as possible when consistent with the administration of the school program in the best interest of the pupils. In the event the employee does not abide by the terms of the leave as so described in this section, all benefits shall cease and the employee shall be subject to termination and the terms of item H described below. H. Obligation to Report The sabbatical leave recipient shall file a written report covering the substance of the program of activities completed during the leave of absence within thirty (30) days after returning to the District. The last monthly salary stipend will be paid to the recipient upon receipt of a satisfactory report. The recipient shall pledge to return to his/her position in the District for at least one (1) year following the sabbatical leave, unless otherwise approved, or refund an appropriately prorated share of the sabbatical leave stipend. Section 6.11: Military Leave In accordance with RCW , any employee who is a member of the Washington National Guard or of the Army, Navy, Air Force, Coast Guard, or Marine Corps Reserve, or of any organized reserve or armed forces of the United States shall be granted military leave of absence with pay for a period not exceeding twenty-one (21) days during each year beginning October 1 st and ending the following September 30 th. This paid leave shall be in addition to any other paid leave the employee might otherwise be entitled. The leave shall be granted in order that the employee may report for active duty, when called, or take part in active training duty in such manner and at such time as he or she may be ordered to active duty or active training duty. Leave in excess of twenty one (21) days for the purposes stated above shall be granted without pay for the additional duration of their duty. Copies of active duty orders may be required by the District. The District shall also comply with the Military Family Leave Act, per RCW This law allows an employee who is the spouse of a member of the armed forces of the United States, national guard, or reserves who has been notified of an impending call or order to active duty, or has been deployed, to take up to a total of fifteen (15) days of leave per deployment after the military spouse has been notified of an impending call or order to active duty and before deployment or when the military spouse is on leave from deployment. In accordance with the law, the employee shall have the option to take such leave without pay or to utilize their accumulated paid annual leave. The District will also comply with any applicable federal laws and regulations which provide military-related leave benefits to employees covered by this Agreement, including, but not limited to, the 2008 amendments to the Family and Medical Leave Act which provide for a twelve (12)-week qualifying exigency leave and a twentysix (26) week military caregiver leave. Should the laws mentioned in this Section be amended during the term of this Agreement, the District will comply with any such amendments. 34

47 Section 6.12: Jury Leave Leave of absence with pay shall be granted for jury duty. Any compensation received for jury duty performed on contract days shall be deducted from the employee's salary. The employee shall request a Verification of Service form from the Clerk of the Court. This shall be attached to the employee s time sheet. Section 6.13: Professional Leave Employees may, upon approval of their immediate supervisor, be granted one (1) day of leave or five (5) hours of additional work at the Extra Services Rate of Pay within a pay period for professional development. After spring vacation professional leave will be granted subject to substitute availability. Additionally there shall be a pool of thirty (30) days to be available for individuals to access, on a first-come, first-serve, basis, one (1) additional professional leave day. 35

48 ARTICLE VII: COMPENSATION AND BENEFITS Section 7.1: Regular Salary Schedule The District will provide all funding made available by the State for teachers' salaries to be distributed on the schedules as mutually agreeable by both parties and in accordance with the following: A. Compliance It is the intent of the parties to comply with the limitations imposed by current State laws, as existed on the effective date of this Agreement. No provision of this Agreement shall be interpreted or applied so as to place the District in breach of salary limitations imposed by State law or to subject the District to a state funding penalty. In the event the District is out of compliance, the salary schedule shall be adjusted accordingly. B. Salary Schedule The annual salary schedule is attached as Appendix B. C. Mid-year Adjustments Increments will be given for each school year in accordance with the salary schedule. As soon as reasonably possible following District completion and analysis of the annual SPI Form 901, the District will consult with the Association concerning the extent of the District's salary capacity for that year. If it appears that the District possesses increased salary capacity and funding within the salary limitation laws, that capacity will be utilized to increase Appendix B for each year effective September 1 st. Such adjustment will be paid over the remainder of that year's warrants. In the event that said capacity is less than an average of $40 per employee per year, the District shall distribute the salary dollars through the TRI schedule the following school year only, unless there is a mutual agreement to do otherwise. Section 7.2: TRI Salary Schedule Pursuant to RCW 28A , an employee shall be compensated for additional mandatory work time and for additional responsibilities in accordance with the following: A. Mandatory Time In addition to the contract year defined by Section 8.1, two (2) mandatory work days for all employees will be required and scheduled in accordance with the calendars contained herein. Individual employees will determine the use of at least one half (1/2) of each of these days in accordance with Section 8.1 A herein. B. Professional Responsibility 1. The District and Association agree with and affirm the following: a. The success of the District is dependent upon hiring and retaining the highest quality employees. 36

49 b. Providing a quality education for students requires from employees a commitment to professional duties and obligations beyond the base contract, normal workday hours and school year. c. State law allows additional compensation for additional time, additional responsibilities or incentives (TRI) in conformance with RCW28A (4). d. The additional commitment required of employees cannot be accurately measured in hours or days. e. The time necessary to fulfill any one employee's responsibilities will vary from that of another employee as determined by the employee's own professional judgment. 2. In addition to responsibilities employees perform during the basic education work year and work day, it is recognized that employees perform numerous responsibilities outside of that time. These additional responsibilities include, but are not limited to, the following: a. Preparing for school opening or closing; b. Work connected with the conclusion of the school year; c. Conferencing with parents; d. Supporting student activities; e. Providing individual help to students; f. Evaluating student work; g. Workshops, classes, and in-service work; h. Researching educational materials and supplies; i. Improving and maintaining professional skills; j. Preparation and revision of materials; k. Planning with other staff in areas of instruction and curriculum; l. Working with computers and other technology as related to educational uses; and m. Attending District-connected meetings such as PTSA, Open House, etc. Employees shall verify participation in such responsibilities per the verification form in Appendix D. 3. The District and Association agree that schools where staff collaboratively develop and implement school improvement plans focused on student achievement show significant increases in student learning. Individual staff commitment to continuous learning, reflection on instructional practice, and participation in improvement plan activities may include, but not be limited to, the following school leadership team-developed activities: a. Coaching cycle; b. Book studies; c. School improvement planning; d. Committee work; e. Analysis of student work as professional development; f. Curriculum and grade level expectation (GLE) alignment activities; g. Professional development (at staff meetings, grade level meetings, etc.); and/or h. Peer coaching in other classrooms. It is recognized that some of these responsibilities may be performed during or outside of the regular work day and work year. 37

50 Employees shall verify participation in such school improvement activities per the verification form in Appendix D. 4. It is recognized these responsibilities may be performed both on and off school property. C. Supplemental Contract Employees shall be issued a supplemental contract for the mandatory time and responsibilities described by paragraphs A and B above. In accordance with State law, this separate contract is not a part of the employee's continuing contract and not subject to the restrictions therein. D. Verification Fulfillment of the supplemental contract shall be verified by completion of the form shown as Appendix D. Said form is to be completed by the employee and turned into their immediate supervisor no later than June 30. Employees who do not verify completion of one (1) or both of the mandatory days, or who do not verify having an approved paid leave of absence for one (1) or both of the mandatory days, shall have their TRI compensation reduced by 1/182 nd for each day not verified as worked or on paid leave. Employees on any unpaid leave of absence for the mandatory days shall have TRI pay reduced by 1/182 nd (their regular pay shall not be affected). E. Compensation Compensation shall be in accordance with the individual's placement on the TRI schedules shown in Appendix C. Placement shall be the same as on the regular schedule. Part-time employees shall have their time and compensation pro-rated based on their full-time-equivalency (FTE). The TRI schedules shall reflect an equivalent regular salary schedule increase applied to the TRI schedule of 1.5 % for , 2% for and 3% for F. Payment Employees shall be paid on an equal monthly basis beginning with the September pay period and continuing through August 31 st. Section 7.3: Salary Schedule Provisions A. General Salary schedule placement shall apply to all employees on the basis of verified experience and education. It is the employee's responsibility to arrange for verification. B. Experience Guidelines 1. General Experience is based upon regularly-contracted employment while certificated in positions requiring certification in the State of Washington and out of state. Substitute experience does not qualify for increment. Credit shall be given for each full-time equivalent (1.0) year of experience to the nearest tenth (0.1) of a year. Such credit shall accumulate from year to year. Whenever an employee's accumulated experience reaches 0.5 or more of a year, said employee shall be placed 38

51 on the next experience step on the salary schedule, provided this will not affect the employee's actual accumulated experience. 2. Grandfathered Experience Experience credits recognized and granted by the District prior to September 1, 1989, shall be grandfathered and retained for the purpose of salary schedule placement. Experience credit earned after September 1, 1989, shall be in accordance with the paragraph above. 3. Non-school ESA Experience C. Education Guidelines In addition to experience as defined above, experience for ESA certified staff shall include up to a maximum of five (5) years experience in other non-school professional positions as speechlanguage pathologists, occupational therapists, counselors, nurses, psychologists, and social workers. For such non-school experience, one (1) year of service in a non-school position shall be counted as one (1) year of service. 1. General Educational increments are based upon college credit as verified by transcript earned after the date the first BA degree was granted and prior to the contract year. Course work must be completed on or before October 1 st for salary increases for additional education. Verification and approval of credits must be completed no later than October 15 th with an official transcript. If an official transcript cannot be made available by said date, a letter from the university or a letter from the instructor verifying the class and credit or a grade report will be acceptable to be replaced with an official transcript no later than December 1 st of the same year. 2. Upper Division Credit Requirement Credits applicable to advance beyond the sixth (6th) year (BA + 90) must be upper division credit. 3. Accredited Institution Requirement College or university credits shall be defined as credits earned from an accredited four (4)-year college or university and reported on an official transcript by the institution. Certificated employees (graduate status) who wish to receive credit for professional growth must receive grades acceptable to the accredited four (4) year college or university for credit. Credits acquired for BA, credits acquired post-ba, and advanced degrees must be from an accredited institution. The District shall approve the institution in accordance with standards of the commonlyrecognized accreditation association of the region in which the institution is located, subject to the requirement that such accreditation must satisfy the minimum requirements for accreditation by the Washington State Board of Education. Credits and clock hours earned after September 1, 1995, must satisfy the criteria as set forth by the Legislature RCW 28A Course Content Criteria At the time the credits are recognized by the District, the content of the course must meet at least one (1) of the following criteria: 39

52 a. It is consistent with a school-based plan for mastery of student learning goals as referenced in RCW 28A , the annual school performance report, for the school in which the individual is assigned; b. It pertains to the individual's current assignment or expected assignment for the following school year; c. It is necessary for obtaining endorsement as prescribed by the State Board of Education; d. It is specifically required for obtaining advanced levels of certification; e. It is included in a college or university degree program that pertains to the individual's current assignment or potential future assignment as a certified staff member of the school district; or f. It addresses researched-based assessment and instructional strategies for students with dyslexia, dysgraphia, and language disabilities when addressing Learning Goal One under RCW 28A , as applicable and appropriate for individual certificated instructional staff. Credits which have been determined to meet one (1) or more of the criteria listed above (a f) shall continue to be recognized in subsequent school years and by subsequent District employers; and Credits not recognized in a school year may be recognized in a subsequent school year if there is a change in the qualifying criteria, such as a change in State Board of Education rules, a change in the District strategic plan, a change in the school-based plan for the school in which the individual is assigned, a change in the individual s assignment, or a change in the individual s employer. 5. Community College Credits Community college credits that have been recognized for salary placement prior to September 20, 1990, will be grandfathered. Community college credits earned after 1990 and before the school year will not be accepted toward the salary schedule. Community college credits earned after the start of the school year will be accepted toward the salary schedule. 6. Professional Credits Professional credits shall be defined as an allowance for formal non-college educational activities voluntarily entered into by an employee of the District for the purpose of strengthening his/her value and competence in his/her job. Professional credits include credits previously allowed for non-college in-service and travel. Professional credits shall be applicable to the salary schedule only in accordance with the following: a. Those employees who have professional credits recognized by the District for salary placement as of December 1, 1987, shall continue to have such credits so recognized. Such employees shall also be eligible for up to five hundred dollars ($500) District-paid tuition reimbursement in accordance with the following: 40

53 (1) The purpose for the reimbursement is to allow the employee to replace professional credits applied toward the local salary schedule with college credits that are accepted on the State allocation or LEAP schedule. (2) The employee must obtain prior approval in accordance with procedures established by the District in order to be eligible for the reimbursement. b. After September 1, 1987, those employees who obtain professional credits that are applicable on the State allocation or LEAP schedule shall also have such credits recognized by the District for placement on the local salary schedule. 7. Professional Certification Should the State change the guidelines for the State Allocation Model funding schedule so that an individual who acquires a professional certificate would be placed at a BA + 45 on said schedule even though the individual does not have forty-five (45) post-ba credits, then the Schedule C on the regular salary schedule shall be changed to read as follows: Schedule C: Teachers who hold forty-five (45) hours post BA, or a valid fifth year certificate/continuing or professional 8. Educational Specialist Degree and Ph.D. All employees with an Educational Specialist Degree or Ph.D. will be placed on the Master s salary schedule. In addition, they will receive the appropriate stipend for their degree as follows: Educational Specialist Stipend - 7.5% of Bachelor s step A-0 Ph.D. - 10% of Bachelor s schedule step A-0 D. Special Provisions Non-Degreed Vocational Instructors 1. Initial Placement Employees certified as non-degreed vocational instructors are initially placed on the local salary schedule at BA + 0 and no years of experience unless they qualify for up to six (6) years of previous management experience per S-275 reporting/placement guidelines and corresponding WAC regulations. 2. Schedule Advancement After initial placement, non-degreed vocational instructors may advance on the salary schedule as follows: a. Advancement based on experience shall be governed by the same experience guidelines as for all other employees per Section 7.3 B herein. b. Advancement based on education shall be governed by the conversion of additional occupation experience and/or additional vocational training to post-ba credits per S-275 reporting/placement guidelines and corresponding WAC regulations. This conversion results in additional education credits that will be recognized on the local Bachelor s Degree salary schedule as post-ba credits. All BA columns will be open depending on 41

54 the number of converted credits earned. Non-degreed vocational instructors shall not be eligible to advance on to the Master s degree schedule. 3. Attainment of Bachelor s or Master s Degree If a non-degreed vocational instructor attains a Bachelor s or Master s Degree and the appropriate certification that then results in that instructor being assigned to teach under said degree(s) and certification, then advancement on the salary schedule shall be based on those degrees, experience earned, and additional education credits earned in accordance with Section 7.3 B and C. Said instructor shall not lose experience and education credits earned as a non-degreed vocational instructor. The former non-degreed vocational instructor shall make no less in salary as a result of this transition than that last earned when working as a non-degreed vocational instructor. 4. Grandfather Provision The parties agree that any current non-degreed vocational instructor who, under previous salary schedule placement guidelines and/or practices, attained salary schedule placement of BA with Masters as of the school year, shall be grandfathered at that education placement and shall be able to continue at that placement so long as employed with the Marysville School District or until the Association and District mutually agree at a later time to void or modify this grandfather commitment. Section 7.4: Payment Provisions A. Paydays Payment for services shall be made once each month. Paydays will normally fall on the last working day of the month. For the term of this Agreement, the District shall pay employees on the last working day in December. In the event that the County reverts to a decision to charge interest for this early payment, this practice will be sunsetted and the payday in December will be the last weekday of the month. B. Direct Deposit All employees shall be on direct deposit, provided if an employee believes unusual circumstances exist that would make direct deposit undesirable, the issue may be discussed through the Association President to the Human Resources Executive Director. C. Correction of Errors Correction of errors in pay will be made as soon as possible. If the corrections result in a reduction of salary, the reduction will be evenly distributed to reduce hardship. The employee's preference will be considered regarding repayment options. Section 7.5: Insurance Benefits A. Eligibility and Enrollment The District shall provide insurance premium payments toward premiums of approved group insurance programs in accordance with the provisions and options outlined herein. Annual enrollment for employee group insurance programs shall be no later than October 10 th of each school year. The enrollment of new 42

55 employees shall begin with their employment and shall be completed within the time specified by the insuring company. The full payment shall be granted to all full-time employees. Employees contracted less than full time, but at least half time, shall have their insurance benefits prorated in accordance with their FTE weighted equivalency. B. Creation of Benefit Pool and Allowed Amount An insurance benefit pool shall be created by taking the total FTE number of employees in the bargaining unit as of October 1 st of the school year times the monthly State support amount times twelve (12). The State support amount shall be supplemented by a District contribution equal to seventy-five dollars ($75) per month per FTE number of employees in the bargaining unit as of October 1. The monthly State-support amount as supplemented by the District s contribution shall be the "allowed amount" as used in paragraph C below. C. Contributions to Insurance Plans From the insurance benefit pool described by "B" above, up to the allowed amount per employee per month will be contributed to approved medical plans and other approved insurance programs. In the event at any time during the term of this Agreement state funding for insurance benefits is increased, then employee insurance benefits will be increased per FTE by the amount the State-support figure was increased. D. Basic Benefit Plans Utilizing the funds established by B and C above, the District will offer the following basic benefit plans: 1. Dental Plan The District shall first pay the total premiums for a dental plan for employees and their designated dependents. Two (2) plans are currently offered, Delta Dental (WDS) and Willamette Dental (HMO). 2. Long Term Disability Plan The District shall next pay the total premiums for a long-term disability program for employees. The current LTD provider is Hartford. 3. Vision or Life Plan The District shall next pay the total premium for either a vision care plan for employees and their designated dependents or a life insurance plan for employees only. The Association shall determine which of these options is to be implemented and shall notify the District of the specific vision care or life insurance plan chosen. The current vision plan offered is Vision Service Plan (VSP), Plan C. 4. Medical Plan (a) Of the remaining portion of the total monthly amount allowed per employee per month, the employee may choose to have the balance applied to any of the following approved medical insurance programs: 43

56 (1) Premera Blue Cross plans (i) Plan 5/Foundation (ii) Plan 2 (iii) Plan 3 (iv) Easy Choice Plan The District and Association agree that this plan meets the requirement of recent legislation that requires offering employees at least one health benefit plan in which the employee share of the premium cost for a full-time employee, regardless of whether the employee chooses employee-only coverage or coverage that includes dependents, does not exceed the share of premium cost paid by state employees during the state employee benefits year that started immediately prior to the school year. (v) Qualified High Deductible Health Plan (QHDHP) (2) Group Health (HMO) This plan shall be accompanied with a Health Savings Account (HSA) program approved by the District and Association. The District will not contribute funds to employees HSA accounts. (3) Any other mutually agreed upon insurance programs. Designated dependents as used in this Section shall also include domestic partners. (b) Recent legislation, i.e. ESSB 5940, requires all employees enrolling in a medical plan to pay a portion of their premium. Therefore, all employees enrolling in a medical insurance plan will be required to pay by monthly payroll deduction 2% of the premium cost of the medical plan in which they are enrolled. E. Distribution of Excess Funds If the payment per employee so described in C above, does not cover the premiums down to the minimum monthly amount described in 4-b immediately above, for the approved medical plans, said employee may be eligible for additional District contributions to his/her premium cost in accordance with the following: 1. The total of all employee premiums, but not to exceed the limitations described in B above, shall be calculated based on individual insurance requests submitted to the payroll office by October 10 th and by February 10 th. 2. The difference between the available funds through the insurance benefit pool described in B above, and the total cost of individual insurance premiums described in E-1 above, shall be known as excess funds. 3. Distribution of excess funds shall begin in September with re-calculation and distribution of excess funds done again in October and February of each year and shall be computed by taking total excess pool dollars and dividing them equally by the number of FTE eligible employees as 44

57 of September 15 th, October 15 th, and February 15 th of each year. This calculation shall be repeated a number of times with a balance factor of 2 FTE to compliance standards to insure that all excess funds are utilized. Excess funds distributed for each eligible employee s approved insurance plans shall remain in effect for September, then each month for the periods October through January and February through August of each contract year. If, after the distribution of excess funds, the monthly insurance contribution per employee still does not cover the premiums down to the minimum monthly amount described immediately above of the insurance plan selected by the employee under D-4 above, the District shall deduct from said employee's monthly salary the amount necessary to pay the remaining premium(s) due. Employee contributions shall be considered non-taxable through District adoption of a plan consistent with Section 125 of the Internal Revenue Code. F. Flexible Pay Plan The District agrees to allow employees to participate in the IRS Section 125 Flexible Pay Plan. G. Approved Insurance Programs - Definition Approved insurance programs are those which are agreed to by the District and the Association and are in conformance with State law. H. When Husband and Wife Both Employed When both husband and wife are employed by the District, their current combined insurance contribution to be paid by the District may be applied, at their option, to a joint insurance plan(s) rather than to separate plans carried by each individual. I. Changes in Employee Selection of Plans Any changes in individual insurance plans selected by any or all employees per C through G above, will be processed subject to the provisions of K above; PROVIDED the total of all employee premiums paid by the District does not exceed the total insurance pool. If any changes result in overpayment by the District of pooled employee benefits, then an adjustment will be made at the time of recalculating insurance benefits on either October 15 th or February 15 th of each contract year. J. Conformance with Law All District employee benefits shall be provided to employees in conformance with State law and shall be agreed to by the District and the Association on an annual basis. The District and Association agree to review any future State guidance given to districts regarding the implementation of recent legislation, particularly ESSB The Labor Management Committee will discuss and negotiate any changes in this Section deemed by the parties as desirable or necessary. State agencies have not yet developed rules and guidelines with regard to a required open and competitive bidding process; therefore, the parties agree to defer any such bidding process to a future year. A process will be negotiated between the parties at a future date following the publication of such rules and guidelines that will be incompliance with the law and will involve the Association and the District as equal partners. 45

58 K. Retirement Subsidy to HCA The District shall pay from local funds the full amount of the retirement subsidy required by the State. If at some future time the State no longer requires District payment of the retirement subsidy to the Health Care Authority, the local contribution to the insurance pool shall be additionally increased by the most recent monthly amount for the retirement subsidy that had previously been paid to HCA by the District. L. Additional Optional Plans Employees may also elect to participate through payroll deduction in the following approved insurance programs: 1. Short-term Disability - American Fidelity 2. AFLAC Cancer Insurance 3. Any other mutually agreed upon insurance programs Section 7.6: Payroll Deductions Upon written request of the employee, automatic payroll authorization deductions shall be made for Districtapproved insurances, approved savings, and annuity programs having five (5) or more subscribers. Beginning August 1, 2000, all employees enrolling in District-approved insurances, approved savings, and annuity programs will be required to sign a statement acknowledging that they understand that if enrollment in their particular plan drops below five (5) they will have six (6) months to either recruit additional enrollees to their plan or to enroll in another plan. Section 7.7: Co-curricular Activities Pay Schedule The co-curricular schedule is attached to this Agreement as Appendix E. Section 7.8: Extra Services Rate of Pay A. Pay Rate The hourly rate of pay of thirty-six dollars ($36) shall apply to curriculum committees, summer school teachers, in-service instructional programs presented by employees, and classroom instruction for public school students that results in coursework grades and/or high school credits reported on a student record outside of the regular school day. B. Summer School Provisions The following provisions shall be applicable for any year in which the District intends to run a summer school program: 1. Posting for all summer school positions, including credit retrieval, shall be done each year a program is to be run. 2. Summer school positions are not continuing positions. Thus all positions will be considered open from one year to the next. 3. Applicants will be selected based on qualifications for the position. 46

59 4. The District will provide summer school teachers with appropriate paid training and orientation prior to the start of summer school; and 5. Summer school teachers will be guaranteed a minimum of forty-five (45) minutes paid preparation time for each summer school day worked. Section 7.9: Travel Itinerant employees and employees who are required to travel to fulfill their extracurricular duties will be reimbursed at the IRS rate. In addition, employees who receive written prior approval from the Superintendent to use their private vehicles for school business will also be compensated at the IRS rate. Application for such reimbursement is the responsibility of the employee. Forms for prior approval request will be available in each building. Employees must turn in their request for reimbursement within sixty (60) calendar days after returning from a trip. Section 7.10: Tuition Reimbursement, National Boards, and Clock Hour Fees A. Basic Allowance For the purposes listed below, the District shall reimburse up to two hundred dollars ($200) to employees with over five (5) years experience as recognized by their placement on the salary schedule, and up to five hundred dollars ($500) to employees with no more than zero (0) to five (5) years experience. 1. Tuition reimbursement for any credits that meet the criteria for salary schedule placement, regardless of whether utilized for said purpose; 2. Registration fees for workshops/conferences; 3. Dues for professional organizations (not to include union dues) and cost for professional publications, e.g., books, magazines, and online versions of the same. 4. Fees paid for taking the PRAXIS test in order to become highly qualified in an assignment or expected assignment under No Child Left Behind requirements; or If the District requests that an employee take the PRAXIS test in order to become highly qualified in an assignment or expected assignment under No Child Left Behind requirements, the District will pay the fees for said test separately from the tuition reimbursement dollars available in this Section. 5. The cost of an employee s state certificate renewal. The amounts shall be provided to all employees regardless of FTE status. B. When Funds May Be Accessed The District will, up to the limit provided in paragraph A above, reimburse an employee as soon as reasonably possible after the employee has provided proof of payment of the required tuition or fees. Appropriate verification of completion of such activities (or in the case of National Board or the State s professional certification, verification of registration or enrollment) shall also be provided to the District. 47

60 C. Unused Funds Pooled If less than forty-thousand dollars ($40,000) has been utilized or encumbered by August 31 st of each year, the unused funds of the forty-thousand dollars ($40,000) shall be pooled and made available as follows: 1. No later than October 1 st, eligible employees must submit to the District a reimbursement to help pay the cost of tuition or fees from the prior fiscal year (September 1 st through August 31 st ) for obtaining an advanced degree, professional certification, or National Board Certification. 2. Reimbursement of tuition or fee costs will be calculated by dividing the total number of employees who submitted the required form, along with tuition or fee receipts, into the unused pool dollars available. This calculation may need to be repeated a number of times in order to fully utilize the pool dollars available. D. National Board Certification Support The District will provide support for those employees pursuing national board certification as follows, provided this section of the contract is dependent on Title IIA funding. Any reductions in or elimination of Title IIA funding would make this section null and void. 1. Five (5)release days or cash-in days (at sub rate and use toward fees, or a combination of days and pay); 2. Copying of documents required for submission to NBPTS; 3. Use of professional day for Jumpstart or Homestretch training; and 4. Free clock hours for cohort support meetings. E. Clock Hour Fees The District will not charge a fee for in-district clock hours. Proposals for these clock hours will be created centrally at the District office. At a minimum, clock hours will be provided for all PLC, School Improvement, and District Professional Development days. Section 7.11: Supplies and Materials A. Basic Provisions Each elementary certificated instructor shall be guaranteed up to $ per year ($ per year for kindergarten teachers or pre-school teachers teaching two (2) one-half (½) day sessions) to spend for supplies, materials, or equipment. The employee shall use the District's purchase order process. Employees may be reimbursed up to the annual amounts by submitting receipts after July 1 st of each year (EX annual amounts allowed for school year could be submitted beginning after July 1, 2014). Purchased supplies, materials, or equipment shall be considered District property. Supplies, materials and equipment shall not include food, beverage and party favors unless such items are directly related to the curriculum or to a particular program as determined by the principal. B. Teachers New to Profession In addition to the above, all new to the profession classroom teachers who qualify for TAP (first year, no previous experience), shall be guaranteed up to $250 per year to spend for supplies, materials, or equipment. The other provisions of the paragraph above shall also apply. 48

61 Section 7.12: Program Support A. Program Support Pool 1. Purpose As a result of education reform requirements, there have been a number of functions carried out by staff beyond what their normal responsibilities include. These functions do not include directly working with students, but often deal with activities that are supportive of other staff or the program offered students. Some examples are: analyze assessment data for staff use, assist with culminating project organization, curriculum development, assist with the management of student learning plans, etc. In no way is this list all inclusive. 2. Pool of Money Available Each school shall be allocated a pool of money as listed below for the purpose of compensating employees in the bargaining unit who are performing these education reform support roles. Each elementary school $ 5,000 TMS, Cedarcrest, & MMS $ 6, th Street $ 2,000 Heritage $ 2,000 Bio-Med, ACE, SFE, ISC, A&T $ 7,000 MMVHS $6,000 MPHS $10, Decision-Making Process Decisions at each school as to the allocation of this money shall be done in the same manner as decisions are made under the provisions required by the contract for co-curricular pool money (Appendix E of the contract). A written proposal outlining how this money is to be allocated shall be submitted to the Assistant Superintendent and Association President by November 1 st. B. Program Support Positions 1. Compensation In addition to the positions funded through the program support pool per A above, the positions on the chart below shall be paid in accordance with the stipends indicated. GROUP OR CATEGORY YEARS OF EXPERIENCE MG & MP Advance Placement Coordinator $2,036 $2,139 $2,245 $2,357 $2,475 *Department Heads (Language Arts, Science, Math, Social Studies, Special Education) $1,844 $1,937 $2,032 $2,135 $2,242 49

62 *Department Heads (CTE, Fine Arts, Health and Fitness, World Languages) $1,448 $1,522 $1,597 $1,678 $1,761 INDIVIDUAL SLC (OVER 300) *SLC Leads (1 per SLC) $3,021 $3,204 $3,365 $3,533 $3,700 MIDDLE SCHOOL *Department Heads, *Team Leaders $1,844 $1,937 $2,032 $2,135 $2,242 The amounts shown by the above schedule shall be increased by the same COLA percent increase the State funds for the regular salary schedule each year of this Agreement. 2. Selection The annual selection of staff for the leadership positions included on the above schedule and marked with a * shall be made collaboratively by the staff and principal. For any position on the above schedule that is not marked with a *, this selection process shall not apply. For department heads the term staff refers to the employees of each department, and for SLC Leads the employees of each SLC. 50

63 ARTICLE VIII MISCELLANEOUS WORKING CONDITIONS Section 8.1: Contract Year A. Regular Contract Year For returning employees, the regular contract work year shall be 182 days (180 student instructional days and two (2) TRI days per Section 7.2). For employees new to the District, there will be two (2) additional days on a supplemental contract for orientation and training with pay at the employee s per diem rate. Individual employees shall determine the use of half of each of the TRI days and certain early release days as indicated on the calendar in Appendix A, and the District (with due consideration to the needs at each school site) or school site (in accordance with the appropriate shared decision-making process) shall determine the use of the other half of each of those days. Staff at a school site may choose to use a full day for building directed work and a full day for individual employee-directed work. A full day shall be recognized as seven (7) hours exclusive of lunch, and a half-day shall be recognized as three and one-half (3 ½) hours exclusive of lunch. The Labor Management Committee (LMC) will monitor the use of the TRI and early release days, and it is understood that either party to this Agreement may bring to said Committee any suggested changes in the use determination of these days as set forth above. LMC members will discuss the suggested changes in good faith, and, if agreements are reached to change the use determination as set forth above, they will be considered as amendments to this Agreement. B. First-Year Teacher In-service Teachers new to the profession (less than ninety (90) days) will be required to attend two (2) additional days of in-service to improve student learning prior to the beginning of school. Compensation for these two (2) days will be at per diem contract pay for each of the days. C. Learning Improvement Days Should the State reinstate LIDs during the term of this Agreement, either party may reopen for bargaining the contractual terms and conditions that are to apply to any such reinstatement. D. Calendar The school calendar for , and related details, appears herein as Appendix A. 1. Make-up of Non-student Staff Only Days In the event of school closure due to weather or other emergency on a non-student staff only work day, the parties agree to negotiate in what manner the day is to be made up, provided that the use of the make-up day will be split between employee and District-directed time in the same manner as set forth in paragraph A above. 2. Report Periods The calendar will reflect two (2) grade report periods for both the elementary and secondary levels. 51

64 3. Perpetual Calendar If the Collective Bargaining Agreement is a multi-year contract and only the first year s work year calendar was negotiated, the calendars for other years of the contract shall be subject to reopened negotiations. If no agreement is reached by May 1 st in such reopened negotiations, the parties agree to use the guidelines below to come to an agreement. a. The first student day of school will be the first Wednesday after Labor Day. b. The second Friday in October shall be a non-contract day. c. The Winter Break shall consist of no less than ten (10) weekdays (M-F), and shall be scheduled so there is a minimum of three (3) calendar days break before December 25 th. d. January 2 nd shall be a non-contract day. e. The Spring Break shall be Monday through Friday and will be scheduled so there will be at least one (1) full week of instruction available prior to the required start date of any mandatory state testing. f. The last student day shall be at the completion of the one hundred eighty (180) studentday school year. g. The following holidays shall be non-contract days: Labor Day Veterans Day Thanksgiving and the Friday following Christmas Day New Year s Day Martin Luther King, Jr. Day Presidents Day Memorial Day Independence Day h. Make-up days shall be added at the end of the school year. 4. Other Required or Optional Staff Workdays Any other required or optional staff workdays shall be in accordance with this Agreement. 5. Reopening The parties agree that this Section may be reopened for negotiations at either party s request should any future law or regulation either contains requirements that make the above guidelines impossible to implement or allow additional flexibility in the staffs work year that either party may wish to negotiate. 6. Early Release and Late Start See Section 8.2 paragraph C herein. 52

65 Section 8.2: Workday A. Length of Day The contracted workday shall be seven and one-half (7½) hours, including a thirty (30)-minute duty-free lunch period. Special permission for infrequent early departure may be granted by the building principal. Kindergarten teachers shall be provided fifteen (15) minutes transition between sessions. B. Planning Time 1. Secondary Level All secondary employees will be assigned daily planning time equivalent to one (1) class period. An exception to this requirement has been made through contract waiver annually granted to 10 th Street. The parties now agree that 10 th Street may continue the practice outlined on their waiver from year to year without the necessity of asking the District and Association for a waiver. The th Street waiver is attached hereto as Appendix J. 2. Elementary Level a. All elementary employees, including special education staff, will be assigned planning time in accordance with the following: (1) All elementary employees, including special education staff, will be assigned planning time no less than three hundred ninety (390) minutes with the exception of the last five (5) student days of the school year. Elementary specialists shall be assigned planning time no less than a weekly average of three hundred ninety (390) minutes. Specialists shall be assigned in such a way as to guarantee five (5) minutes of passing time between classes. This passing time shall not be counted as planning time. (2) Two hundred forty (240) minutes of this weekly planning time shall be before the student day, four (4) days a week. This two hundred forty (240) minutes of guaranteed planning time before the student day is not intended to prohibit PEG (Professional Evaluation Group) and student support team meetings from occurring during that time. Which four (4) days will be collaboratively determined by each elementary building. One hundred fifty (150) minutes of this weekly planning time shall be within the student day. Beginning with the school year, elementary staff will have a minimum of two hundred (200) minutes of planning time within the student day each week. There will be a minimum of a forty (40) minute block of planning time within each student day. When the District conducts Professional Growth days, it is understood that elementary teachers will receive a block of planning time during the student day. However it is understood this block may not total forty (40) minutes. During weeks in which Professional Growth days occur, it is understood there will not be a full two hundred (200) minutes of weekly planning time within the student day. The time reduced on each Professional Growth day will also be reduced from the two hundred (200) minutes of weekly planning time during the student day. 53

66 b. Elementary libraries shall not be open to students the last five (5) student days of the year. c. No elementary specialist shall be assigned more than one (1) class, or portion thereof, at a time as part of their regular assignment, unless such assignment is designed to meet the least restrictive environment provisions of a student IEP. d. Each elementary school schedule shall include at least one (1) daily recess period of no less than fifteen (15) minutes. This period is to be in addition to a lunch recess. This recess time is to be considered a break and is not to be counted as planning time. 3. Time for Special education Compliance See Section 8.8 J herein. 4. Use of Planning Time The planning time provided by this Section shall be utilized, as determined by the employee, for such purposes as collaborative and individual lesson planning, preparation of materials, individual conferencing with parents, students, and District personnel, correcting and evaluating student work, infrequently called faculty meetings, and non-regularly scheduled duties as are determined necessary and infrequently requested by the administration. 5. Posting of Planning Time Building principals shall assign and post each employee s planning time. 6. Adding Teaching Section During Planning Time At the secondary level, the District and Association agree that in some emergency circumstances when other alternatives are not feasible, it may be necessary to increase the normal amount of a FTE teacher s instructional time by adding a teaching section during what would otherwise be their planning period. Before implementing any such arrangement, the District will notify the Association President and there shall be an opportunity for the President to discuss the matter with the appropriate administrative staff. If implemented after such discussion, the additional pay shall be set forth on a supplemental contract and shall be based upon the employee s per diem contract rate of pay determined by dividing the length of the additional instructional time divided by the employee s previously assigned instructional time. Under no circumstances will such an arrangement in a specific instance extend from one (1) school year to the next. C. Release Time Provisions 1. Early Release and Late Start Days The calendar shown in Appendix A includes a number of early release and/or late start days. The purpose for some of those days includes parent conferencing, SLC school improvement work as determined collaboratively by the staff in each SLC, grading, and work connected with high school finals. The calendar in Appendix A indicates who controls the use of many of the early release and/or late start days. Where a purpose is not listed and also when time remains after an intended purpose has been completed, the early release and late start time available is to be used for professional purposes as determined by the employee. 54

67 Part-time employees (less than 1.0 FTE) will be allowed to timesheet at their individual contract rate of pay any additional hours worked on District-directed early release days beyond their normal contracted time. Kindergarten teachers who teach half-day kindergarten beyond their normal scheduled time on early release days will be compensated at their per diem rate for the required time beyond their regularly scheduled work day. 2. For Conferences Formal parent conferences will be conducted in accordance with the schedule and release-time provisions found on the calendar in Appendix A. All parent-teacher conferences will have a two and one half (2½) hour early release as specified on the staff calendar. 3. For Planning and Grade Report Preparation Early release for planning and grade report preparation shall be in accordance with the provisions found in Appendix A and consistent with the following: a. High School employees will adopt a three-day final testing schedule that provides for early release (two and one half (2½) hours each day) of students following exams each day at the end of each semester except for the last day of school which is a two (2)-hour student day. b. Grades K-8 teachers shall have at least two (2) hours of release time two (2) days per grading report time. c. Full-time kindergarten teachers with two (2) sections shall have one (1) half-day (½-day) additional release time two (2) times per year at grading report time. d. Report cards at the K-5 level are to be completed by the Tuesday following the last grading day. Report cards will go home to students no sooner than two (2) days following the above mentioned report card completion date. 4. For New Employees New employees hired after the start of the work year shall have the option of two (2) release days (substitutes provided) or equivalent compensation to allow some orientation to the new position. D. Job Sharing Responsibilities Those employees in a job-sharing position shall work together to assure the fulfillment of the responsibilities normally performed by one (1) full-time employee. Such responsibilities include staff meetings, parent conferences, and other school-directed activities. In an emergency situation as determined by the building principal, both teachers will be required to attend a meeting or activity. The decision as to whether both teachers will conference together with parents during regularly-scheduled conferences will be left to the employees themselves, but if both do attend, thereby extending the day for one of them, there shall be compensation at the employee s per diem contract rate. E. Report Time (Inclement Weather) It is recognized that inclement weather conditions may prevent the timely arrival of employees for safety and/or related reasons. In such cases, when there is a delayed start time for school due to inclement 55

68 weather, employees will make every effort to report to work on time, but will not be reprimanded if they arrive later than their regular time for work in consideration of safety and/or related reasons. Section 8.3: Course Preparations For grades 6-12, except Middle School homeroom teachers, the number of different course preparations shall not normally exceed three (3) per day. For Middle School homeroom the number of different course preparations shall not normally exceed four (4) per day. Block classes shall be recognized as two (2) separate courses. Hi- CAP classes are to count as a single course preparation. Teachers may voluntarily agree to accept additional preparations exceeding the above limits. Participation in a teacher-student advisory program shall not be construed as a course preparation. PRIDE shall be recognized as a class/course. A teacher exceeding three (3) different course preparations as provided above may request assistance directly to the building principal for the purposes of obtaining relief of said subject preparations and related classroom/student requirements. Assistance will be provided consistent with the needs of relief to which the teacher and the administration agree. Such relief may include release time. Section 8.4: Split Classes The District will make every effort to minimize split classes. Elementary teachers will not be assigned to a split class for two (2) consecutive years unless the teacher voluntarily accepts this assignment. If there is an extra specialist block of time, a teacher of split classes will have the opportunity to have their students assigned to that block to allow additional time for preparation. Teachers of split classes may decline the extra planning time. Section 8.5: Covering Classes A. Certificated Staff Certificated staff shall not be required to cover classes during their prep time but may choose to do so on a voluntary basis. Any employee performing classroom coverage duty for a minimum of fifteen (15) minutes shall be paid at an hourly rate of thirty-six dollars ($36). In the event a teacher substitute shortage results in a secondary classroom teacher assuming responsibility for an additional class, i.e. their own class and another teacher s class or portion thereof at the same time, that teacher will be paid thirty dollars ($30) for each period that this situation occurs. B. Elementary Employees In elementary schools, each building will develop a plan for classroom coverage when there is a substitute shortage. In the event a teacher substitute shortage results in an elementary classroom teacher assuming responsibility for an additional class for a minimum of fifteen (15) minutes, (i.e., their own class and another teacher s class, or portion thereof) at the same time, that teacher will be paid one hundred fifty dollars ($150). If two or more teachers assume the responsibility for the class, the pay will be evenly divided. Any elementary employee who loses their planning time due to the lack of a substitute will be paid at the hourly rate of thirty-six dollars ($36). 56

69 C. Coverage for Administrator Absence When there is no elementary building administrator or building TOSA available or present at an elementary school, there shall be a designated certificated employee who fills in during that time known as the Principal Designee. Release time as needed will be provided that individual. The Principal Designee will be compensated by receiving an annual stipend of twelve hundred dollars ($1,200). When there is no secondary building administrator available or present at a secondary school, there shall be a widely communicated plan designating which employees will fill in during that time. This includes but may not be limited to security personnel, SRO officer, or other designated staff. Plans for building coverage will be submitted every September to the Assistant Superintendent and Association President. The District will make reasonable efforts to minimize the number of times administrators must be absent from their school, including holding after school day meetings rather than during school day meetings. Section 8.6: Duty Supervision Elementary employees shall not be required to provide assigned supervision of students at times or places such as, but not limited to: before or after school, during lunch or recesses, or in bus or parking areas. Section 8.7: Class Load Assistance Program-General education The parties agree that class sizes for teachers have an impact on employees workload as well as the instruction and assistance students receive. The parties also agree that the unique mix of students in any particular class has an impact on workload and instruction. It is the intent of class load assistance money to assist the teacher in meeting the needs of current students that result from overloads and/or to compensate teachers who have an overload. The parties agree that overloads are best handled by hiring additional staff. However, if that is not possible as determined by the District, then relief assistance for classroom teachers shall be provided as set forth below: A. Relief Unit Defined A relief unit shall be defined as one (1) hour of para-professional (Para) time, or, in lieu of Para time, the employee may elect to convert the equivalent amount of time at the Para hourly rate for (1) the purchase of substitutes, up to two (2) days per month, to provide release time; (2) the purchase of supplies, materials, or equipment; (3) field trips; or (4) compensation to the employee. B. Ownership/Possession of the Equipment As with any equipment or materials purchased with District funds, the District is the sole owner of the equipment, and therefore, all equipment will be inventoried and considered District assets. However, any equipment purchased through overload money shall remain in the possession of the teacher on District premises to whom the overload dollars were originally allocated until such time that the teacher should retire or leave the District with the exception of equipment purchased through the pooling of overload funds by two (2) or more teachers. In this event, if there is a transfer or reassignment of one (1) of the teachers who pooled funds for equipment purchased and there is unresolved conflict over who should remain in possession of that equipment, the issue will be forwarded to the site decision-making team for final resolution. C. Calculation of Overload in Special Cases 1. Team Teaching 57

70 When two (2) teachers combine their total students throughout the entire day, the class load for each teacher will be calculated by dividing the total combined number of students in both classes by two (2). 2. Multi-age/Multiple Grade Classes When a teacher has a multi-age/multiple grade classroom, the total number of students will be the teacher s class load (with no division by grade). a. If this is a multiple grade or multi-age combination of third and fourth (primary and intermediate) grades, the relief unit will begin to be applied at the ratio of twenty-six (26.0) student load per teacher (the midpoint between the primary and intermediate overload numbers). b. In the event that a multi-age classroom is formed with three (3) grades spanned, overload will be calculated on either the primary or intermediate scale depending on where the predominate number of grades would occur (a three (3), four (4), five (5) would be intermediate; a two (2), three (3), four (4) would be considered primary). D. Important Dates for Calculating Overload The monthly snapshot dates for overload will be the first working day of that month, with these exceptions: a. the count for overload in the month of September will be September 15 th (if September 15 th falls on a weekend, the count will be the following Monday); b. the count for overload at the beginning of second semester shall be the fifth student day. Assistance shall be provided and adjustments made based on student counts on a monthly basis September through May. No overload funds will be provided for the months of August and June. However, if teachers have been utilizing EA time as their overload option, the teacher may request that the EA continue until the end of school. E. Student Count Students who are officially on a class roster on the count day are the only students that may be considered part of the teacher s class load. Only students who are part of the regularly-attending class can be counted towards overload. Students who have been long-term suspended, expelled or withdrawn (even if their name has not been officially taken off the class list) may not be counted as overload. Students assigned to the classroom to provide assistance to the teacher (e.g., TAs) will not be included in the class counts used to calculate for overload. F. Requests for Overload Relief All overload relief requests must be submitted to the building principal by the third working day of the month (except in September where it would be two (2) days after the snapshot day). In the event that a teacher misses the cutoff date, overload funds will not be available for that month for that teacher. G. Purchase Orders All purchase orders must be submitted by June 1 st to be considered for payment. No overload money will be carried over to the next year. 58

71 H. Maximum Class Loads 1. No regular classroom shall contain more than one (1) IEP BD student at any one time, unless otherwise determined by the Individualized Education Plan Team (IEP). 2. The District will provide a written report to the Association President by October 15 th and February 15 th each year that outlines what current intervention classes exist and the number of students included in each of those classes. I. Relief Assistance Relief units shall be allocated when class sizes reach the levels indicated on the following charts. The District will treat each kindergarten session (AM or PM) separately, and each session will get half pay for the overload. 1. Elementary Class Load Primary Intermediate Secondary (Regular Classes) Secondary teachers will receive overload based on whichever of the two (2) sets of triggers in paragraphs a and b below, i.e., the total load or the individual class size load, generates the most relief. Block classes shall be counted as two (2) classes and PRIDE shall be considered a class. a. Total Daily Loads Secondary Regular Total Class Load Secondary 5 Periods Secondary 6 Periods 59

72 b. Individual Class Sizes Secondary Regular Individual Classes Secondary (PE, Music/Band) Secondary PE, Music/Band Secondary Secondary Total Class Load PE Music/Band J. Elementary Specialists When 20% or more of the regular classes in a school are in an overload status for any given month, elementary specialists will receive 20% of a relief unit that may be accumulated for any month this situation exists and will be paid twice per year. K. Exceptions Any exceptions to the relief assistance specified in this Section must be agreed to in writing by the Association and District. L. Para Assistant Time The Para assistant time provided by this assistance program is to be in addition to the Para time which normally has been provided by the District. M. Allocation of Resources The District will monitor the expenditures connected with this program and provide periodic reports to the President of the Association. 60

73 N. Special Education Students and Inclusion 1. Staff Development Should a building decide to use an inclusion model, adequate staff development for general education and special education staff will occur prior to implementation. If a building should already be in an inclusion model as of the effective date of this Agreement, then staff development for general education and special education staff will be provided if there has not been such adequate staff development provided in the past. The District s staff development assurance shall be on an on-going basis as staff assignments change, current staff leave, or new staff arrives. Implementation of the inclusion model will be monitored by the LMC. 2. Assignment of Special Education Students When IEP identified students are assigned to general education classes, it will be done in an equitable manner, with special consideration for the nature and extent of the disability, so that no single general education teacher s class is impacted with a greater number of said students when there are other alternative assignments that could be made. In the spring of each year, students will be equitably placed among the general education teachers at each school for the following year. This understanding does not preclude a building team from adopting an inclusion delivery model, including blended/transition classrooms, where IEP students are centrally assigned and resources allocated. The team shall include all staff directly impacted by the decision. 3. Role of General Education Teacher The general education teacher of the child, as a member of the IEP team, shall participate in the development of the IEP including the determination of appropriate behavioral supports, supplementary aids and services, program modifications and specially designed instruction. The general education teacher and the special education teacher work as a team to make decisions regarding the child s program. They hold joint responsibility to assist the student in achieving his/her IEP goals and objectives. General education teachers shall not be responsible for writing the Individual Education Programs (IEPs). 4. Notification and Receiving Special Education Students a. During the school year, any placement of a known IEP student into a general education classroom must involve notification of the receiving teacher. b. When possible, all newly-enrolled IEP students will be equitably apportioned among the general education teachers. c. When possible, every effort will be made to obtain background information on new students before assigning students to a classroom/schedule if the IEP team has not met with the teacher to develop an appropriate IEP. This information shall include the following: (1) Overall academic levels; (2) Nature of disability and any related information; (3) Supplementary aids and services to be provided; (4) Procedure to obtain special education records; and/or (5) Any related information on a need-to-know basis. 61

74 5. Discipline of Special education Students See Section 5.7 of this Agreement and/or Board Policy O. Overload of Special Needs Students (not limited to special education students) in Regular Classrooms Assistance of no less than $100,000 or no more than $135,000 each year of this Agreement will be provided to schools in recognition of the impact of special needs students (not limited to special education students) in the general education classroom, in accordance with the following: 1. Weighted overload funds (per pupil allocation) will be allocated to schools based upon confirmed enrollment of students eligible under supplemental grants programs (i.e., English Language learners, special education, Title I and LAP, and Section 504 of the Rehabilitation Act of 1973, or based on their status as homeless or migrant students). 2. This allocation will be distributed sixty percent (60%) to elementary schools and forty percent (40%) to secondary schools. An initial allocation of thirty percent (30%) of the funds will be made available in school budgets, effective September 1 st. An additional allocation of thirty percent (30%) of the funds will be allocated by October 10 th, after confirmation of the October 1 count. The final forty percent (40%) of the funds will be allocated by February 10 th, after confirmation of second semester enrollment. 3. The funds can be used to provide support to any students that a school committee believes has special needs and can benefit from expenditure of this money. If the funds are utilized in support of students with disabilities, the IEP team may need to reconvene to determine whether this service modification should be reflected in the IEP. The school committee will be comprised of the school principal (or vice principal) and MEA members. At least two-thirds of the MEA members will be classroom teachers. P. Grade 9-12 Science Classes The number of students in any grade 9-12 science class shall not exceed the number of functioning lab stations available based on two (2) students assigned to each station. Q. Cap on Overload Assistance In the event of a showing by the District to the Association of a significant economic hardship, the District may implement a cap of $400,000 for , $425,000 for and $450,000 for for the total overload cost of this Section. This provision will be sun-setted at the end of the current CBA. The District will allocate one half of the total cap during the first semester, and the second half during the second semester. Section 8.8: Case Load Responsibility for Special Education Staff, SLP s, OT s and PT s A. District Support and Expectations The additional support and compensation referenced in this Section is in recognition of the time required to fulfill job responsibilities and also for compliance with the following expectations and to support the academic and social success of special education students in the general education classroom. 62

75 1. Special education teachers and related services staff will attend the District-sponsored Special Education Program training (two (2) hours) annually. Professional development that is Districtdirected by Special Education Services will occur on District-directed time, not teacher-directed time. 2. IEPs will be prepared consistent with District Special education Procedures that are aligned with Washington State standards (PEs), state WACs, and federal code. 3. Student performance will be monitored, documented, and reported based upon established IEP goals. B. Special Education Caseloads and Overload Relief Schools will be expected to establish master schedules which do not result in an overload for one (1) teacher while other teachers in the same program at the school remain under the basic staffing unit caseload triggers in the chart below. The procedure to determine caseload is to count the students who are receiving special education services and are assigned to a caseload manager on the count day. All programs, whether building-based programs, self-contained classrooms, or related service providers shall have their relief and support provided using the same authorization procedure as all other staff in their respective buildings or work sites. Caseload relief will be implemented monthly as for all other staff. There will be no shifting of certificated staff between schools except based on the October and March caseload counts. Daily overload relief when base caseload goal numbers are exceeded in categories 1 through 6 below shall be, at the employee s option, in the form of 0.5 Para hours or compensation for each additional two (2) students over the caseload goal number. Daily overload relief when base caseload goal numbers are exceeded in 7 and 8 below shall be, at the employee s option, in the form of two (2) Para hours or compensation for each two (2) additional students over the caseload goal number. Compensation shall be based on the para rate as mutually agreed on by the parties to this Agreement. It is agreed that a caseload that is slightly fewer than the base caseload goal established for each category shall not automatically result in a conclusion the teacher is working with less than a full case load. It is agreed that the District will maintain a budget that will allow the Special Education Services Directors to allocate additional para time beyond that specifically provided in this Section. Such additional para time will be allocated based on review of the specific needs that justify such additional time. 1. Elementary Resource Room Base caseload goal Up through 27 Minimum daily Para time 4 hours FTE Elementary Resource Room Base caseload goal Up through 14 Minimum daily Para time 2 hours 63

76 3. Middle School Resource Room and High School Modified Block Base caseload goal Up through 29 Minimum daily Para time 4 hours FTE Secondary Resource Room Base caseload goal Up through 14 Minimum daily Para time 2 hours 5. Special education preschool Base caseload goal Minimum daily Para time Up through 12 a.m. session and 12 p.m. session 3 hours per session 4 days a week program Base caseload goal Up through 34 Minimum daily para time 9 hours 7. Specialized programs (medically fragile, behavior, and autism) Base caseload goal Up through 12 Minimum daily Para time 6 hours 8. Specialized programs (other low incidence) Base caseload goal Up through 12 Minimum daily Para time 6 hours 9. Occupational Therapist The term caseload below shall mean the number of students who are provided services, as part of an IEP. Travel between each campus counts as one (1) additional student on their caseload. Base caseload goal Up through Physical Therapist When all caseloads reach an average of thirty-seven (37) students per FTE employee for one (1) month (count day to count day), the District will post an additional OT position to restore caseload numbers to no more than thirty-five (35) students. The term caseload below shall mean the number of students who are provided services as part of an IEP. Base caseload goal Up through 30 Para time 6 hours per week When all caseloads reach an average of thirty-two (32) students per FTE employee for one (1) month (count day to count day), the District will post an additional PT position to restore caseload numbers to no more than thirty (30) students. 64

77 11. Speech Language Pathologist The term caseload below shall mean the number of students who are provided services, as part of an IEP. Base caseload goal Para time Up to 50 (un-weighted) Para time will be provided during hearing screenings. C. If Less than Full Time When all caseloads reach an average of fifty-two (52) students per FTE employee for one (1) month (count day to count day), the District will post an additional SLP position to restore caseload numbers to no more than 50 students. SLPs will not be assigned to more than two (2) schools. Paragraph B, above, except for the 0.5 FTE elementary and secondary resource rooms, assumes a 1.0 FTE position. The guaranteed support for less than a 1.0 FTE position will be proportionately reduced based on the employee s FTE status. D. Additional Compensation All 1.0 FTE credentialed special education staff (Educational Staff Associates and teachers) will receive twenty-five (25) hours of pay at their individual per diem contract rate in recognition of their work within professional evaluation groups, special meetings with outside agencies, in addition to writing and explaining IEPs, and the delivery of extended instruction and management of students. E. Use of Para Professionals The Para hours are allocated to the special education program model for providing direct instructional and therapy services to students with disabilities. After consultation with the principal that results in mutual agreement, it is the responsibility of the case manager to assign Para time to meet the IEP needs of the students on their caseload either in general education or special education settings. It is understood that special education professionals need to plan and confer with the Paras who support the students on their caseload. F. Itinerant Special education Staff When assigning caseloads, due consideration will be given to itinerant special education staff who serve more than one (1) school. G. Determination for Staffing The determination for special education certificated and non-certificated staffing where applicable will be made by May 1 st of each year for the following school year. The Special Education Services Department will provide the Association President with a copy of the initial special education budget no later than May 15 th of each year (unless the legislature is still in session or expected to reconvene). The purpose is to confirm the allocation of certified special education staff and special education building budgets for the following school year. The cycle for review for staffing adjustments will occur in August, October, and February of each year. A report of this review will be provided to the Association President by the 20 th of the following month. 65

78 H. Coverage of Provider Caseloads for Non-endorsed Teacher on Staff Medical Leave When a service provider agrees to accept IEP case coordination responsibilities for a non-endorsed teacher or IEP/evaluation case coordination responsibility for a staff member on extended medical leave, or for an unfilled position, a supplemental contract will be provided for up to six (6) days at per diem rate. The specific amount of compensation shall be determined by mutual agreement between the Association President and Assistant Superintendent with due consideration given to the additional responsibilities assumed. Compensation beyond the six (6) days will also be considered especially based on the duration the employee assumes the additional workload. I. Para 2 Substitute Pool The District will maintain an adequate number of trained Para 2 substitutes to cover absences in District self-contained programs. The number of filled and unfilled Para 2 absences shall be reported to LMC at their regular monthly meetings. The District shall provide training for these substitutes a minimum of two (2) times a year. J. Time for Special Education Compliance The Principal will see that monthly planning occurs at each school for special education compliance (i.e., IEPs, evaluations and re-evaluations, as well as state evaluations such as WAAS). Elementary and secondary resource room staff will be provided at least three (3) hours a week within the student day to meet compliance requirements. Elementary and secondary self-contained staff will be provided compliance time at their request when needed by working with the Special education services Director to provide coverage. Secondary modified-block and blended-program teachers will be provided compliance time within their daily schedule, or, if not provided within their daily schedule said employees shall be guaranteed up to six (6) days of release time (substitute provided). The intent is to ensure that special education teachers and related service staff have adequate time built into their weekly schedule to allow for completion of assessments and reports related to annual updates, evaluation and re-evaluation of students. K. Low Incidence Staffing 1. Student to Adult Ratio (Secondary Low Incidence) The student to adult ratio in these classes shall be a minimum level of support of 6:1. Individual IEP needs may require supports beyond this level. 2. Elementary Low Incidence Staffing If caseload numbers for elementary District self-contained programs (e.g., low incidence, BIP) reach fifteen (15), the District will add an additional class provided: (a) all other case loads of similar programs have been balanced at that site, and (b) the Special education Directors have been involved and will make the final decision. L. Mentoring and In-service 1. Special education staff who are new to a special education position will be provided on-going mentoring and support regarding specifics of the particular population and expectations related to serving those individuals and fulfilling expectations of the position. This support will begin in 66

79 September or immediately for those hired mid-year. This support will be a minimum of ten (10) hours during the first year. 2. Special Education staff new to the District will be provided on-going training and mentoring regarding IEP online, assessments and any other District specific expectations. This support will begin in September, or immediately for those hired mid-year. This support will be a minimum of 10 hours during the first year. 3. Training will be provided in any specific curriculum areas required by the District. Section 8.9: Assistance for Non-compliant Students The District recognizes that some students can cause disruption and require additional attention and/or supervision. Each school will develop a process to access funds to deal with these concerns. The District will maintain the following level of support: A. Maintain a full-time school counselor at each elementary. B. Train a cadre of counselors, special education teachers, TOSA s, and para-professionals in behavior management techniques to be available when necessary to help with student problems. C. A pool of dollars shall be created based on the formula of $4,000 per elementary school, $2,500 per secondary campus, and $750 for MMVHS. These funds shall then be allocated each year on the basis of the prior year's average enrollment at that school. It is understood that the role of the school counselor with regard to non-compliant students referred to in this Section is not to include a role in assigning any disciplinary consequences. Section 8.10: Substitute Requests When an employee is to be absent, he/she may request a specific substitute teacher for his/her classroom duties. The District will attempt to honor the request in consideration of availability of substitutes, in accordance with legal requirements. Section 8.11: Librarians A. Conferences At least half (½) of the District s librarians will be able to attend their annual statewide conference not to exceed one thousand dollars ($1,000) each. Preference will be given those librarians who did not attend the previous year. B. Formula for Additional Resources for Elementary Libraries The following formula shall be used to trigger additional resources or support for the elementary libraries: 1. Considering the entire range of the student day, there are a possible three hundred seventy-five (375) minutes per day to serve classes or eighteen hundred seventy-five (1,875) minutes per week. 67

80 2. From the eighteen hundred seventy-five (1,875) minutes deduct one hundred fifty (150) minutes per week (thirty (30) minutes each day) for librarians duty free lunch, the same number of minutes per week as elementary teachers receive for planning time per Section 8.2, B 2 herein, and one hundred fifty (150) minutes per week for guaranteed library management time. This results in a number of minutes per week to serve classes. 3. Multiply fifty-five (55) minutes (five (5) minutes of passing time plus fifty (50) minute blocks) times the number of classes a librarian teaches each week. 4. Take the result per week from paragraph 3 above, divided by the number of minutes per week to serve classes to determine a percent of capacity. Any elementary school library over one hundred percent (100%) capacity will get additional resources. Additional resources shall include, at the librarian s option, Para time, or release time, or in lieu of Para time or release time an amount of compensation equivalent to what it would cost for Para time or release time. The management period referenced above shall not be in blocks of time less than twenty (20) minutes. Section 8.12: Counselors In accordance with RCW 28A.410, the purpose and role of the school counselor is to plan, organize, and deliver a comprehensive school guidance and counseling program that personalizes education and supports, promotes, and enhances the academic, personal, social, and career development of all students, based on the national standards for school counseling programs of the American School Counselor Association. Except in emergency circumstances, counselors shall not be required to perform ancillary duties that are not a part of their responsibilities as a school counselor based on their job description. This includes, but is not limited to, teaching classes such as elective or academic classes (excluding guidance lessons), and assigning disciplinary consequences or notifying parents of disciplinary action. It also includes assigned supervision such as lunch, breakfast, or bus supervision, provided this does not preclude counselors from volunteering for these activities. School counselors may be involved in interventions for students, including special education students. Any written job description for counselors shall be mutually agreed to by the District and the Association. The District will strive to maintain a staffing level for school counselors at a district-wide average ratio of no more than one (1) FTE school counselor for each four hundred fifty (450) students enrolled. Section 8.13: Psychologists The District will strive to maintain a staffing level for school psychologists at no more than one (1) FTE school psychologist to each one thousand (1,000) students enrolled. School psychologists shall be provided a pool that averages at least one (1) hour clerical support per one thousand (1,000) students per week. The psychologists will be responsible for scheduling this clerical support. Section 8.14: Required District Assessment/Testing A. General The use of standardized and classroom-based (formative) assessments have increased in recent years. Though the results of such assessments should be helpful in making instructional and curricular decisions, 68

81 the administration, scoring, and analysis of such assessments/tests can have a significant impact on the workload of employees. Therefore the parties will review assessment requirements on a yearly basis to determine whether there needs to be modifications or additions to the provisions provided by this Section. B. Current Required and Voluntary Standardized and Classroom-based Assessments Appendices F-1 (Elementary Assessments) and F-2 (Secondary Assessments) herein are lists for the school year of the standardized and classroom-based assessments that will be administered during the year and the timeframe for doing so. This includes all assessments required by law or regulations, required by the District, and any such assessments not required but voluntarily implemented due to decision-making for example, but not limited to, the school level. No other standardized or District-wide classroom-based assessments than those listed in Appendices F-1 and F-2 shall be administered unless mutually agreed by the District and Association. However, nothing in this section is intended to address or limit the use of individually or collaboratively-generated student assessments at the school or classroom level. C. Grading and Reporting Report cards will be issued K-12 twice a year, at the end of the first semester in January and at the end of the school year in June. Elementary teachers will share student progress at fall and Spring Conferences as well. Secondary teachers will be expected to enter grades into EA+ at a minimum every two weeks. For grades 6-12, progress reports will be sent home at nine (9) weeks and at twenty-seven (27) weeks by school administrators. D. WA Kids Workload Relief A. Alternative Work Year 1. The first three (3) student days shall be used to hold conferences with parents/guardians and their child. B. Support 1. Kindergarten teachers shall be provided three (3) hours per mandatory administration at their per diem rate for the purpose of planning, scheduling conferences, collaborating, and inputting observational data. Kindergarten teachers will be provided one (1) day of release per mandatory administration for planning, collaborating, assessing, and inputting observational data. E. Review through Labor Management Committee Periodically during each school year the Labor Management Committee will review the workload impact stemming from the use of standardized and classroom-based assessments. By mutual agreement the parties may enter into agreements, including, but not limited to, amendments to this Agreement during its term, that are designed to address any such workload issues, and also to update on an annual basis the list provided by Appendices F-1 and F-2. F. Reopen for Bargaining The Association and District shall each have the right on an annual basis to reopen this Section of the Agreement for bargaining. If such right is to be exercised notice shall be provided to the other party no later than April 1 st. 69

82 Section 8.15: Professional Learning Communities The District and Association have a common interest in creating/developing PLCs in our District as an important way to improve student learning for all students. The term PLC or Professional Learning Community, based on a definition by DuFour and DuFour is an ongoing process in which educators work collaboratively in recurring cycles of collective inquiry and action research to achieve better results for the students they serve. The process of successfully developing and implementing PLCs requires commitment to resources such as time and training as well as a commitment to reflective practice and an action/results orientation. PLCs plan and conduct their learning/work to address the following questions: A. What exactly do we expect all students to learn? B. How will we know if and when they ve learned it? C. How will we respond when some students don t learn? D. How will we respond when some students have already learned? During the school year, the District and Association worked jointly through the LMC to learn more about PLCs and develop a framework and guidelines for teachers and administrators in creating PLCs to address student learning for all students. The parties additionally have utilized the bargaining process and have agreed to the following: "Professional Learning Community" ("PLC") is a collaborative team process based on participants reaching consensus on their missions, values, norms, and goals. Collaborative discussions around sharedgoals, shared decision-making and shared-responsibility are foundational. In a PLC, staff collaboration focuses on data review and analysis in order to develop high quality curriculum, instruction, interventions, and assessments with the goal of improved student learning. Establishing effective PLCs shall be done using the following parameters. If such parameters are not present, additional professional development and discussion may need to occur prior to implementing PLCs at a school site. Once the decision to implement PLCs has been made, but before implementation occurs, PLC participants will receive professional development around PLC structures, norms, processes, etc. Participation in school site PLCs shall be a collaborative decision between PLC members and the principal. Examine student assessment systems and data relevant to the school site, grade level, and/or department; Discuss or consider appropriate instructional interventions, modifications, and/or differentiation options; and, Undertake other matters as agreed-on by the PLC at the school site. Agendas and operating norms for each PLC meeting will be established through a collaborative process determined and agreed-on at each school site. Professional development needs are determined within the PLC, and then provided through the PLC structure or other agreed upon means. Time for Professional Learning Communities Effective PLCs must be provided consistent time within the school schedule/calendar. We recognize that schools often have different needs that impact the weekly schedule; as such the following options for PLC 70

83 time are available. A PLC schedule/calendar shall be adopted and provided to PLC members for the entire school year. School sites that collaboratively agree to form PLCs shall have ten (10) early release Professional Growth days (those designated as District-directed) available for PLC use. PLC days will become District-directed days for staff who decide not to participate in PLCs. Elementary schools may designate one day per week for PLCs in lieu of a weekly staff meeting. Schools may create schedules that embed PLC time within the student day, as is done at Totem Middle and Quil Ceda Tulalip Elementary. In the event not all of the scheduled PLC time is utilized for the designated purpose or activity on a PLC day/period, teachers may use the remainder of the time for instructional preparation. Joint PLC Oversight The Labor Management Committee shall serve as a district-wide oversight committee to monitor progress of the various school site PLCs and resolve any issue that impedes the performance of a school site PLC. 71

84 ARTICLE IX: EVALUATION Section 9.1: General Provisions A. Evaluation Principles and Purpose The parties agree that the following evaluation system is to be implemented in a manner consistent with good faith and mutual respect, and, as defined in RCW 28A (1) An evaluation system must be meaningful, helpful, and objective; (2) an evaluation system must encourage improvements in teaching skills, techniques, and abilities by identifying areas needing improvement; (3) an evaluation system must provide a mechanism to make meaningful distinctions among teachers and to acknowledge, recognize, and encourage superior teaching performance; and (4) an evaluation system must encourage respect in the evaluation process by the persons conducting the evaluations and the persons subject to the evaluations through recognizing the importance of objective standards and minimizing subjectivity. B. Applicability This evaluation system only applies to certificated teachers as defined in WAC A.030, specifically those with an assigned group of students who provide academically focused instruction to students. The term "certificated classroom teachers" does not include ESAs, counselors, librarians, TOSAs, instructional coaches, SLPs, OTs, PTs, psychologists, ALE teachers, reading and math intervention teachers or school nurses. Each year the District and Association will meet to finalize the list of certificated classroom teachers covered by this section. Those bargaining unit members who do not meet this definition will remain under the evaluation system proscribed in Sections C. Training in Evaluation Process Prior to being evaluated each teacher shall receive professional development to comprehend the framework and understand the evaluation process. Said professional development shall be reviewed annually by the Association and District. Classroom teachers shall receive training in all eight (8) criteria in the new evaluation system prior to being transitioned to a comprehensive evaluation under the new evaluation system. Additional professional development and/or time for collaboration will be scheduled for classroom teachers during the school year, if mutually agreed to by the parties, pursuant to RCW28A No administrator, principal, or other supervisory personnel may evaluate a teacher without having received training in District evaluation procedures. Before evaluating classroom teachers using the evaluation systems required under RCW 28A , principals and administrators must engage in professional development designed to implement the evaluation system used in the District to calibrate rater agreement. Each employee, by October 1 st or within fifteen (15) days of hire date, shall be given a copy of the evaluation criteria, procedures, and any relevant forms appropriate to the teacher's position and track in the evaluation cycle. Within the same time frame, each employee will also be notified of their evaluator. D. Responsibility for Evaluation Classroom teachers shall be evaluated by the building administrator and/or his/her designee. A teacher may request a preference for an evaluator when there exists a need for assistance to the building administrator. A teacher shall also have the right to request through the Association President to the Human Resources Executive Director a different evaluator than the one that is initially assigned. Administrative assistants and administrative interns shall not be designated as evaluators. 72

85 E. Evaluation Processes to be Used There are two (2) evaluation processes that may be used: (1) a comprehensive evaluation process, and (2) a focused evaluation process. The comprehensive process is outlined in Section 5 of this agreement and the focused system is outlined in Section 6. The Evaluation Selection Form, Appendix I-1, shall be used to document which evaluation process is to be used for each employee each year. F. Electronic Monitoring All observations shall be conducted openly. Video and audio recordings may only be used with the prior knowledge and consent of the teacher. G. Assignment Outside Area of Training/Endorsement Classroom teachers placed in a partial assignment outside their area of training/endorsement will not be evaluated in that area unless they have had at least one full year of experience in that assignment. Though not likely to occur, if a teacher s total assignment is outside their area of training/endorsement, the evaluator will give due consideration to that factor, and for the future the District, in consultation with the teacher, will make a reasonable effort through reassignment or other steps to ensure the teacher is assigned to a position for which the teacher has training/endorsement. H. Prerequisite for Unsatisfactory or Basic Final Evaluation An unsatisfactory or basic performance rating may not be included in the final evaluation (i.e., evaluation summary) of a classroom teacher unless the concern(s) has been previously presented to the teacher in writing on the appropriate form and suggestions for improvement indicated on the appropriate form. A plan/program of improvement is only to be used if a teacher is placed on probation. References to a plan/program of improvement in any observation or evaluation documents may only be made if a teacher is on probation. However, said documents may be used by the evaluator to indicate any concerns and to make suggestions for improvement. I. Right to Respond If a classroom teacher disagrees with any of the written reports of observations and/or evaluation, the teacher may submit a statement concerning the points of disagreement to the attached report. Section 9.2: Definitions Criteria shall mean the eight (8) state-defined categories to be scored. (see Section 3 A). Indicator shall mean a sub-section of each criterion. Days shall mean work days. Evidence shall mean examples or observable practices of the teacher's ability and skill in relation to the instructional framework rubric. Evidence collection is not intended to mirror a Pro-Teach or National Boards portfolio but rather is a sampling of data to inform the decision about level of performance. It should be gathered from the normal course of employment and should not be created specifically for the evaluation system. Student and parent input shall not be used as evidence. Student Growth shall mean the change in student achievement between two points in time within the current school year unless mutually agreed by the teacher and evaluator or as required by state law. Two points in time shall 73

86 mean the use of measures that assess student growth in knowledge and/or skill on the same or related content or standards. Student growth that is not measured between two points in time cannot be used to calculate the student growth criterion score. Student Growth Data shall follow WAC A-030 Definitions, and means data that is relevant to the teacher and subject matter must be a factor in the evaluation process, and must be based on multiple measures that can include classroom-based, school-based, District-based, and state-based tools. Summative performance ratings shall mean the four performance levels applied using the four-level rating system: Level 1 - Unsatisfactory; Level 2 - Basic; Level 3 - Proficient; and Level 4 - Distinguished. Section 9.3: Evaluation Criteria, Framework, and Scoring A. State Evaluation Criteria All employees shall be evaluated in accordance with the state evaluation criteria below. Comprehensive evaluations shall include all eight (8) criteria. Focused evaluations shall include criteria required by law. 1. Centering instruction on high expectations for student achievement; 2. Demonstrating effective teaching practices; 3. Recognizing individual student learning needs and developing strategies to address those needs; 4. Providing clear and intentional focus on subject matter content and curriculum; 5. Fostering and managing a safe, positive learning environment; 6. Using multiple data elements to modify instruction and improve student learning; 7. Communicating and collaborating with parents and the school community; and 8. Exhibiting collaborative and collegial practices focused on improving instructional practices and student learning. B. Instructional Framework The parties have agreed to the adopted evidence-based instructional framework developed by CEL 5D+ and approved by OSPI. By January 31 st of any year, the Association or District may reopen negotiations to select a different instructional framework for the following year approved by OSPI. Section 9.4: Comprehensive Evaluation Ratings Although evaluators may discuss school-wide or district-wide scores when meeting with a teacher, such scores shall not be used when determining the teacher's comprehensive evaluation ratings. Nothing prohibits an evaluator from evaluating all teachers as Distinguished within a school. Teachers are to be evaluated based on the eight (8) overall criteria as set forth by law, the indicators within the eight overall criteria as set forth in the instructional framework, and special consideration is to be given to a "student growth criterion" rating. Each of these is described below: A. Summative Performance Rating Based on the Eight Criteria A teacher shall receive a summative performance rating for each of the eight (8) state evaluation criteria. The overall summative score is determined by totaling the eight (8) criterion-level scores as follows: Level 1: 8-14 Unsatisfactory 74

87 Level 2 Level 3 Level Basic Proficient Distinguished Receiving a summative score of one (1) is not considered satisfactory performance for all teachers. If the classroom teacher is on a continuing contract with more than five (5) years of teaching experience and if a summative score indicating a rating of Basic (Level 2) has been received two (2) years in a row or two (2) years within a consecutive three-year period, the teacher is not considered performing at a satisfactory level. B. Indicator Performance Scoring Under each of the eight (8) state evaluation criteria, sub elements referred to as indicators are outlined (see Appendix I). The indicators of each state criterion should be a helpful factor in the determination by the evaluator of the teacher's performance. However, the parties to this Agreement concur that the evaluator is to make an overall judgment of what each of the summative criterion should be based on the observations and the analysis of evidence available. The parties hereto further agree to review this methodology on an annual basis. For comprehensive and focused evaluations, the final summative score shall be determined by an analysis of evidence. This analysis will be based on a holistic assessment of the teacher s performance over the course of the year and a review of student growth measures as required by law. C. Student Growth Criterion Rating 1. Student growth data must be a substantial factor in evaluating the summative performance of certificated classroom teachers for at least three (3) of the evaluation criteria listed in Section 3 A. 2. Embedded in the instructional framework are five (5) indicators designated as student growth indicators. These indicators are embedded in criteria as SG 3.1, SG 3.2, SG 6.1, SG 6.2, and SG 8.1. Evaluators add up the raw score on these indicators and the employee is given a score of low, average or high based on the scores below: 5-12 Low Average High 3. Student growth data will be taken from multiple sources and must be appropriate and relevant to the teacher s assignment. It will include summative and formative assessments of student progress. 4. The following are possible outcomes of the student growth rating: a. If a teacher receives a Distinguished summative rating (Level 4) and a low student growth rating, the teacher must be automatically moved to a Proficient rating (Level 3), for their summative score. b. A teacher with a low student growth rating will engage, with their evaluator, in a student growth inquiry per 5, below. 75

88 c. Teachers with a summative rating of Distinguished (Level 4) with average or high student growth rating will receive an overall Distinguished rating (Level 4). d. Teachers with a summative rating of Unsatisfactory (Level 1) and a high student growth rating will be reviewed by the evaluator's supervisor. The supervisor will share any evidence discovered with the Association President. 5. Within two (2) months of receiving a low student growth rating on the summative evaluation or at the beginning of the following school year, whichever comes first, the teacher and evaluator will mutually agree to engage in a Student Growth Inquiry based on one (1) or more of the following: a. Examine student growth data in conjunction with other evidence (including observation, artifacts and other student and teacher information based on classroom, school, Districtbased and state-based tools and practices); b. Examine extenuating circumstances which may include one (1) or more of the following: goal setting process; content and student growth expectations; student attendance; extent to which standards, curriculum and assessment are aligned; c. Schedule monthly conferences focused on improving student growth to include one or more of the following topics: student growth goal revisions, refinement, and progress; best practices related to instruction areas in need of attention; best practices related to student growth data collection and interpretation; or d. Create and implement a professional development plan to address student growth areas. 6. Student growth data may include the teacher's performance as a member of a grade-level, subject matter, or other instructional team within a school when the use of this data is relevant and appropriate. Student growth data may also include the teacher's performance as a member of the overall instructional team of a school when use of this data is relevant and appropriate. Section 9.5: Comprehensive Evaluation Process A. General Provisions 1. Frequency a. A Comprehensive Evaluation must be completed at least once every four (4) years for all certificated teachers. b. A Comprehensive Evaluation must be completed for the following teachers every year: provisional employees, any teacher in their first four (4) years of overall Washington State experience, and any classroom teacher who received a summative performance rating of Level 1 or Level 2 in the previous school year. 2. Teacher Self-Reflection a. Prior to a self-reflection conference the employee will complete a self-reflection form. A form for this purpose is in Appendix I-4. 76

89 b. The self-reflection conference provides an opportunity for a conversation around professional goals between the teacher and evaluator. No teacher will be required to provide the self-reflection form to his/her evaluator, nor will it be considered as the basis for any evaluation ratings. 3. Setting Goals for Student Growth The teacher shall set student growth goal(s) with the assistance of the teacher s evaluator if requested. Growth goals are to be shared with the evaluator at a meeting at the beginning of the evaluation process or not later than October 31 st. The teacher shall determine a student growth goal for indicators SG 3.1, SG 6.1 and SG 8.1 on a Goal Setting form (Appendix I-5). The goal for SG 6.1 and SG 8.1 may be the same goal. 4. Evidence Both the teacher and the evaluator will contribute to evidence collection necessary to complete the evaluation. Said collection will be accomplished openly and, wherever possible, jointly. B. Pre-Observation Conferences A pre-observation conference shall be held prior to each formal observation. The teacher and evaluator will mutually agree when to conference. The purpose of the pre-observation conference is to discuss the employee s goals, establish a date for the formal observation, and to discuss such matters as the professional activities to be observed, their content, objectives, strategies, and possible observable evidence to meet the scoring criteria. If agreed to by both parties, the pre-observation conference for the second observation can be waived for teachers assumed to be overall rated Proficient / 3 for their overall evaluation. C. Formal Observations Two (2) formal observations shall be required and be pre-arranged formal observations. Classroom teachers will be given no less than three (3) work days notice as to when a formal observation is to be conducted. 1. The first of at least two (2) prearranged formal observations for each employee shall be conducted within the first ninety (90) days. Employees will be given no less than three (3) work days notice as to when a formal observation is to be conducted and the observation will occur no later three (3) days after the pre-observation meeting. The teacher may request additional observations. 2. A formal observation shall consist of not less than thirty (30) minutes focused on some or all of the evaluation criteria. 3. The total annual observation time cannot be less than sixty (60) minutes. 4. A post-observation conference between the teacher and evaluator shall be held within a week of the observation, with follow-up conferences as agreed. 5. The teacher may provide additional evidence to aid in the assessment of the teacher s professional performance against the instructional framework rubric, especially for those criteria not observed 77

90 in the classroom. The evidence provided by the teacher shall be incorporated on the negotiated form prior to the post-observation conference and be used to determine the final evaluation score. 6. After each of the two (2) required observations, there will be a written observation summary prepared by the evaluator with the classroom teacher receiving a copy within ten (10) days after the observation was held. The form for this summary can be found in Appendix I Observations that are documented by the evaluator are to be separated by at least twenty (20) workdays from the last post-observation conference to allow the classroom teacher time for meaningful improvement based on evaluator suggestions. 8. Observations will not take place on the day before or after the winter or spring break. D. Informal Observations Informal observations focused on some or all of the criteria may be held at any time during the performance of assigned duties. These observations do not require pre-arrangement, pre-conference or post-conference. However, whenever possible, a brief conversation focused on professional growth feedback would be desirable. Informal observations do not have to be in the classroom. Department, IEP, or other collegial meetings may be used for informal observations. If there is an area of concern based upon such informal observation, the classroom teacher shall be notified in writing on the appropriate form within ten (10) days of the informal observation (the form to be used is in Appendix I-3). Any time after a documented informal observation is provided to a teacher, said teacher may request a postinformal observation conference. E. Final Evaluation and Conference 1. Upon completion of the required observations and conferences described above, the evaluation summary will be completed and reviewed at a conference between the classroom teacher and the evaluator. This conference is not to be the same conference as referred to in Section 5 C-4 (postobservation conference) above. 2. The teacher shall receive a copy of the final evaluation summary at the conference unless as a result of the conference revisions are to be made. In this case, a copy of the revised evaluation summary shall be given to the teacher no later than ten (10) days after the date of the conference. 3. In no event shall the final evaluation summary be completed and a copy provided to the teacher later than the end of the first full school week in June. 4. If the evaluator judges the teacher to be below Level 3 - Proficient, the evaluator must provide sufficient evidence for each criterion scored Basic or Unsatisfactory. 5. If a teacher believes there has been a lack of consideration of certain teacher evidence, procedures outlined in this section were not followed, and/or the criteria were not objectively scored, resulting in criterion scores of less than Proficient (Unsatisfactory or Basic), the following process will apply: 78

91 On or before April 30 th, and after meeting with their evaluator in an attempt to resolve any of the above issues, the teacher may meet with the evaluator, the Executive Director of Human Resources and the MEA President for the purpose of reviewing the issue(s) and determining a course of action, which may include: a. Re-scoring of evidence; b. Analyze additional evidence; or c. Any other mutually agreed to applicable option. The additional opportunities above will not be available for teachers being recommended for nonrenewal beyond May 15th. 6. The teacher will sign two (2) copies of the Final Summative Evaluation Report, Appendix I-6. Each teacher shall sign the observation and evaluation forms to indicate receipt. The signature of the teacher does not imply that the employee agrees with its contents. Section 9.6: Focused Evaluation Option In years when a comprehensive evaluation is not required, a teacher who received a summative performance rating of Proficient (Level 3) or Distinguished (Level 4) in the previous school year shall receive a focused evaluation in the subsequent year. The teacher or the evaluator can initiate a move from the Focused to the Comprehensive evaluation. If the evaluation of the teacher includes an assessment of a criterion that requires observation, the following shall apply: A. All classroom teachers who are subject to a focused evaluation must be observed at least twice each school year in the performance of their assigned duties. B. Said teachers must be observed no less than sixty (60) minutes during each school year (WAC A- 110). C. The professional growth activity shall be proposed by the teacher at the first pre-observation conference, but must be approved by the evaluator. D. The professional growth activity needs to be tied to one (1) of the eight (8) state evaluation criteria. If the employee chooses criterion 1, 2, 4, 5, or 7, they must also complete the student growth components in criterion 3 or 6. E. The role of the evaluator is to assist the teacher in developing the professional growth activity and then to assist in its implementation, particularly by making reasonable efforts to provide the resources to implement it. F. The score received on the selected criterion is the score assigned as the final summative score. G. A group of teachers may focus on the same evaluation criteria and share professional growth activities. This collaboration should be initiated by the teacher(s) and no individual shall be required to work on a shared goal. H. Observations and conferences for the focused evaluation shall follow the guidelines set forth in the Comprehensive Evaluation Process. I. A summative score is determined through the scoring of the instructional and student growth rubrics for the criterion selected. No teacher shall be scored at less than Proficient while on the Focused evaluation process. 79

92 Section 9.7: Support for Basic and Unsatisfactory Ratings In such cases that a non-provisional teacher receives a summative evaluation score below Level 3 - Proficient, the teacher must be formally observed within the first ninety (90) calendar days of the following school year. If the first Formal Observation in that following year results in ongoing and specific performance concerns, a collaboratively-developed structured support plan will be completed prior to the completion of the comprehensive evaluation. The Association President will be notified within ten (10) school days when any teacher's summative evaluation is judged below Level 3 - Proficient. Teachers may also request for the arrangement of a voluntary mentor. Section 9.8: Provisional Employees Pursuant to RCW 28A (1), the Superintendent may make a determination to move a second year Provisional teacher who receives a summative rating of Proficient (Level 3) or Distinguished (Level 4) to continuing contract status for the subsequent school year. Provisional contract teachers are exempt from the statutorily required probationary period accorded to continuing contract teachers. Provisional employees must be observed for at least thirty (30) minutes during their first ninety (90) days. Provisional employees in the third year of status must be observed for at least ninety (90) minutes of time and at least three (3) times during the year. Before non-renewing any provisional employee for alleged performance deficiencies, the evaluator shall have made efforts beyond the minimum requirements of the evaluation process contained herein to assist the employee in remediating said deficiencies. The District will give notice to the Association President when there is a significant concern regarding the performance of a provisional employee. It will be the District s continued practice to provide, in a timely manner, an informal improvement plan to the employee prior to any decision to non renew a provisional employee. The Association President shall be given notice of, and shall have a right to attend, any meeting held at which this informal improvement plan is presented to the employee. Section 9.9: Probation At any time after October 15 th, if an evaluator determines on the basis of the evaluation criteria and summative performance rating that the performance of a classroom teacher is not judged satisfactory, the teacher shall be placed on probation pursuant to RCW 28A (4) and notified in writing of the specific areas of deficiencies and provided a written reasonable plan of improvement. A. When Probation A classroom teacher s work is judged unsatisfactory, and therefore will be placed on probation, when the overall summative rating is: 1. Level 1 Unsatisfactory; or 2. A continuing contract teacher under RCW 28A with more than five (5) years of teaching experience whose comprehensive summative rating is below Proficient (Level 3) for two (2) consecutive years or for two (2) years within a consecutive three 3-year time period. No employee shall be placed on probation unless a minimum of three (3) formal observations were conducted or said employee was rated a Level 1 - Unsatisfactory or a Level 2 - Basic the prior year. 80

93 B. Comprehensive Only Teachers may only be placed on probation based on the Comprehensive evaluation system described above. C. Outside of Endorsements Teachers on continuing contracts who have been assigned to teach outside of their endorsements shall not be subject to nonrenewal or probation based on evaluations of their teaching effectiveness in the out-ofendorsement assignments. D. Evaluator Report to Superintendent In the event that an evaluator determines that the performance of a teacher under his/her supervision merits probation, the evaluator shall report the same in writing to the Superintendent. The report shall include a recommended specific and reasonable program designed to assist the teacher in improving his/her performance. E. Superintendent Decision on Probation If the Superintendent concurs with the administrator s judgment that the performance of the employee is unsatisfactory, the Superintendent shall place the teacher in a probationary status for a period of not less than sixty (60) school days, any time after October 15 th. The probationary period may be extended into the following school year if the teacher has more than five (5) years of teaching experience and the final summative rating as of May 15 th is Level 1 - Unsatisfactory. Before being placed on probation, the Association and the teacher shall be given notice of action of the Superintendent, which notice shall contain the following information: 1. Specific areas of performance deficiencies identified from the instructional framework; 2. A suggested specific and reasonable program for improvement; and 3. A statement indicating the duration of the probationary period and that the purpose of the probationary period is to give the teacher the opportunity to demonstrate improvement in his/her area or areas of deficiency. F. Plan of Improvement A plan of improvement will be developed and will include the specific evaluative criteria which must be met. Measures of progress will be developed based on the evaluation rubric and will be used to determine the teacher s success or failure. The plan will include a system for periodic feedback during the term of probation, supports for the teacher s improvement, and the dates those supports will be put in place. G. Evaluation During the Probationary Period 1. At or about the time of the delivery of a probationary letter, the evaluator shall hold a conference with the probationary teacher to discuss performance deficiencies and the remedial measures to be taken. 81

94 2. Once the areas of deficiency and criteria for improvement have been determined, they may not be changed. 3. During the probationary period the evaluator shall meet with the probationary teacher at least twice a month to supervise and make a written evaluation of the progress, if any, made by the teacher. The provisions above shall apply to the documentation of observation reports during the probationary period. 4. The probationary teacher may be removed from probation at any time if he/she has demonstrated improvement to the satisfaction of the evaluator in those areas specifically detailed in his/her notice of probation. 5. The probationary teacher may request that an additional certificated evaluator become part of the probationary process and the request must be granted. If the parties cannot mutually agree upon another District evaluator, this evaluator will be assigned by the ESD and will be jointly selected by the District and the Association from a list of evaluation specialists compiled by the ESD. In lieu of, or in addition to, requesting an evaluator per the ESD process above, the probationary teacher may request the Association to provide an additional evaluator. The District will honor such a request. 6. The probationary teacher shall have the right to an Association representative present at all preobservation and post-observation conferences if the teacher so desires. 7. At the request of the Association, they may retain the services of an additional observer as a consultant. H. Removal from Probation A teacher who is on a plan of improvement must be removed from probation if he/she has demonstrated to their evaluator improvement in the areas prescribed as deficient. The teacher must be removed if a teacher with five (5) or fewer years of experience scores at Basic (Level 2) or above and a teacher of more than five (5) years scores at Proficient (Level 3) or above. I. Lack of Improvement Lack of necessary improvement during the established probationary period, as specifically documented in writing with notification to the probationer, constitutes grounds for a finding of probable cause under RCW 28.A or 28A J. Evaluator s Post-Probation Report Unless the probationary teacher has previously been removed from probation, the evaluator shall submit a written report to the Superintendent at the end of the probationary period, which report shall identify whether the performance of the probationary teacher has improved and which shall set forth one (1) of the following recommendations for further action: 1. That the teacher has demonstrated sufficient improvement in the stated areas of deficiency to justify the removal of the probationary status; or 82

95 2. That the teacher has demonstrated sufficient effort to improve in the stated areas of deficiency to justify the extension of the probationary status if accompanied by a letter identifying areas where further improvement is required; or 3. That the teacher has not demonstrated sufficient improvement in the stated areas of deficiency and action should be taken to non-renew the employment contract of the teacher. K. Action by the Superintendent Following a review of the report submitted pursuant to paragraph J above, the Superintendent shall determine which of the alternative courses of action is proper and shall take appropriate action to implement such determination. L. Failure to Complete Process A teacher who fails to successfully complete the probation process, as outlined above, may have their probationary period extended or may be recommended for non-renewal. M. Records Section 9.10: Non-Renewal Records of probation and supporting documentation for an unsatisfactory evaluation will be maintained in the teacher s file for three (3) years and will, if no further unsatisfactory analysis is made in the interim, be removed and destroyed. When a continuing contract teacher with more than five (5) years of experience receives a comprehensive summative evaluation rating below Basic (Level 2) for two (2) consecutive years, the District shall, within ten (10) days of the completion of the Final Evaluation Conference or May 15 th, whichever occurs first, implement the teacher notification of non-renewal as provided in RCW.28A The teacher who is, at any time, issued a written notice of probable cause for non-renewal by the Superintendent pursuant to this Article shall have ten (10) days following receipt of said notice to file any notice of appeal as provided by statute. Section 9.11: Evaluation Results Evaluation results shall not be: (A) shared or published with any teacher-identifying information; (B) shared or published without notification to the individual and Association; and (C) used to determine any type of base or additional compensation. Section 9.12: Documentation The District shall adhere to the following: A copy of all completed negotiated evaluation documents and teacher's written comments, if applicable, shall be included in the teacher's personnel file. Evidence collected as part of the evaluation process will not be included in personnel files. Additionally should the evaluator and teacher agree to use an online system, the following shall also apply: 1. A copy of the final framework rubric; teacher s written comments, if applicable; and forms shall be included in the teacher s personnel file. 83

96 2. Teachers shall have access to their online account in subsequent years if available in the system. 3. Teachers shall not be required to share personal assessment information utilized within the online system. 4. Teachers shall not be required to use the online tool if an acceptable alternative is available. 5. Any and all data entered into the online system shall be considered confidential and not be subject to public disclosure. Section 9.13: General Provisions A. Copy of Procedures The District will furnish all certificated employees with a copy of the evaluation criteria, procedures, and forms. B. Orientation Employees will be oriented to the process and procedures for evaluation. C. Evaluator Employees shall be evaluated by the building administrator and/or his/her designee. An employee may request a preference for an evaluator when there exists a need for assistance to the building administrator. An employee shall also have the right to request through the Association President to the Human Resources Executive Director a different evaluator than the one that is initially assigned. Administrative assistants and administrative interns shall not be designated evaluators. D. Evaluation Processes to be Used There are three (3) evaluation processes that may be used: 1. The regular (or long form) evaluation process described in Section 9.14; 2. The short form evaluation process described in Section 9.16; and 3. The professional growth option (PGO) described in Section The Evaluation Selection Form, Appendix I-1, shall be used to document which evaluation process is to be used for each employee each year. After an employee has four (4) years of satisfactory evaluations under the regular evaluation process, an administrator may use the short form evaluation process. If an employee is eligible for the short form evaluation process, the employee may request the professional growth option (PGO). The regular evaluation process shall be followed at least once every five (5) years, and an employee or evaluator may request that the regular evaluation process be conducted in any given school year. Section 9.14: Regular (Long Form) Evaluation Process The regular evaluation process shall include: 84

97 A. Criteria and Indicators Evaluation shall be based on the appropriate criteria and indicators listed in the "Evaluation Criteria" herein. B. Observation Time Each employee shall be observed for the purpose of evaluation at least twice in the performance of their assigned duties. Total observation time for each employee shall not be less than sixty (60) minutes. New employees shall be formally observed at least once for a total observation time of at least thirty (30) minutes during the first ninety (90) calendar days of employment. No employee shall be placed on probation unless a minimum of three (3) formal observations were conducted. C. Formal Observation At least one (1) of the observations shall be a pre-arranged formal observation. Employees will be given no less than three (3) work days notice as to when a formal observation is to be conducted. 1. Pre-Observation Conference A pre-observation conference between the evaluator and evaluatee shall be held if requested by the employee or the evaluator. For classroom teachers the Appendix I-7 or I-8 form shall be completed at said conference, one (1) copy of which to be provided to the employee. 2. Minimum Time A formal observation shall consist of not less than twenty (20) minutes focused on some or all of the evaluation criteria and indicators. 3. Post-Observation Conference A post-observation conference between the employee and evaluator shall be held within a week of the observation, with follow-up conferences as agreed. D. Observation Summaries After each of the two (2) required observations, there will be a written observation summary prepared by the evaluator with the employee receiving a copy within ten (10) days after the observation was held. Said summary shall be prepared on the appropriate form, Appendix I-7 or Appendix I-8. Observations that are documented by the evaluator are to be separated by at least ten (10) workdays to allow meaningful preparation by the employee. E. Informal Observations Informal observations focused on some or all criteria or indicators may be held at any time during the performance of assigned duties. These observations do not require pre-arrangement, pre-conference or post-conference. If there is an area of concern based upon such informal observation, the employee shall be notified in writing by use of the appropriate form, Appendix I-7 or Appendix I-8. F. Assignment Outside Area of Training/Endorsement Employees placed in a partial assignment outside their area of training/endorsement will not be evaluated in that area unless they have had at least one (1) full year of experience in that assignment. Though not 85

98 likely to occur, if an employee s total assignment is outside their area of training/endorsement, the evaluator will give due consideration to that factor, and, for the future, the District, in consultation with the employee, will make a reasonable effort through reassignment or other steps to ensure the employee is assigned to a position for which the employee has training/endorsement. G. Final Evaluation and Conference Upon completion of the required observations and conferences described above, the evaluation summary will be completed and reviewed at a conference between the employee and the evaluator. This conference is not to be the same conference as referred to in paragraph C-3, above. Said summary shall be prepared on the appropriate form Appendix I-9 or Appendix I-10. The employee shall receive a copy of the final evaluation summary at the conference unless, as a result of the conference, revisions are to be made. In this case, a copy of the revised evaluation summary shall be given to the employee no later than ten (10) days after the date of the conference. In no event shall the final evaluation summary be completed and a copy provided to the employee later than the end of the first full school week in June. H. Prerequisite for Unsatisfactory Final Evaluation An "unsatisfactory" may not be included in the final evaluation (i.e., evaluation summary) of an employee unless the concern(s) has been previously presented to the employee in writing and suggestions for improvement indicated. A plan/program of improvement is only to be used if an employee is placed on probation. References to a plan/program of improvement in any observation or evaluation documents may only be made if an employee is on probation. However, said documents may be used by the evaluator to indicate any concerns and to make suggestions for improvement. I. Right of Employee to Respond If the employee disagrees with any of the written reports of observations and/or evaluation, the employee may submit a statement concerning the points of disagreement to be attached to the report. J. Probation 1. Continuing Contract Employees The evaluation process thus far outlined above having been completed, a continuing contract employee whose work is judged unsatisfactory, based on the evaluation criteria contained herein, may be placed on probation in accordance with the "procedure for probation" outlined below. 2. Provisional Employees Provisional employees shall be specifically excluded from this probationary procedure, provided, before non-renewing any provisional employee for alleged performance deficiencies, the evaluator shall have made efforts beyond the minimum requirements of the evaluation process contained herein to assist the employee in remediating said deficiencies. The District will give notice to the Association President when there is a significant concern regarding the performance of a provisional employee. It will be the District s continued practice to provide, in a timely manner, an informal improvement plan to the employee prior to any decision to non-renew a provisional employee. The Association President shall be given notice of, and shall have a right to attend, any meeting held at which this informal improvement plan is presented to the employee. 86

99 Section 9.15: Procedure for Probation See Section 9.9 above. Section 9.16: Short Form Process After an employee has four (4) years of satisfactory District evaluations under the regular process, an administrator may use a short form of evaluation as allowed by RCW 28A (5) in lieu of the process set forth above. The Short Form Process may be used in conjunction with the Professional Growth Option. The regular evaluation process shall be followed at least every five (5) years, and an employee or evaluator may request that the regular evaluation process be conducted in any given year. A. Mutual Agreement Required Placement on the Short Form Process requires mutual agreement by both the employee and the evaluator. B. Notification If an evaluator intends to offer the Short Form Process, the employee shall be notified in writing prior to the beginning of the process, said notice to include which of the two (2) options allowed by paragraph C below is to be used. The employee may request the regular process at that time. C. Options The evaluator shall offer one of the two (2) options below for the short form process: 1. The completion of the Short Form Evaluation based on one pre-arranged observation of no less than thirty (30) consecutive minutes during the school year with a written summary. The appropriate form, Appendix I-7 or Appendix I-8, shall be used to document the observation. 2. A final evaluation report based on Evaluation Criteria herein and two (2) observation periods during the school year totaling at least sixty (60) minutes without a written summary of such observations being prepared. The form, Appendix I-10, shall be used for the final evaluation report. D. Parts of Regular Process Apply The following procedural requirements of the regular evaluation process shall apply: 1. Appointment of evaluators, and 2. Pre-arrangement with the employee of the observation time and date. E. Restriction The Short Form Evaluation process shall not be used as a basis for determining that an employee's work is unsatisfactory, nor as probable cause of the non-renewal of an employee's contract under RCW 28A

100 Section 9.17: Professional Growth Option A. Eligibility for Short Form Required If an employee is eligible for the short form evaluation options, he/she may alternatively request to participate in the Professional Growth Option (PGO). The employee may request the PGO by use of the form shown as Appendix I-12. B. Purpose of Professional Growth Option The Professional Growth Option is a form of professional assessment in which the emphasis is on enhancements and improvements in job-related skills, techniques, and abilities. Such participation is not the basis for summary evaluation of the employee's performance minimum competency. Information gathered during the formative evaluation track or Professional Growth Option may not pass to the summative evaluation process. C. Professional Growth Plan If this option is chosen, the employee, with the aid of his/her supervisor, shall seek to develop a professional growth plan consisting of three (3) to four (4) goals, strategies, or objectives designed to promote professional growth and improve instruction, and which are consistent with building District goals. The plan may cover up to a two (2)-year period while the employee is eligible for the short form evaluation process. The employee is encouraged to set goals as part of the plan. One (1) or more of the following sources of information shall be used by the employee in developing a professional growth plan: 1. Peer review and evaluation; 2. Input by parents; 3. Input by students; 4. Personal and/or professional goals; 5. School District goals; 6. Building goals; 7. Self-assessments; 8. Personal academic records; 9. School District observations and evaluations; and/or 10. Other resources as agreed by the parties. D. Role of Supervisor The role of the supervisor is to collaborate with the employee in developing the professional growth plan and then to assist in its implementation, particularly in making reasonable efforts to provide the resources necessary to implement it. The supervisor shall sign a form at the end of the year verifying that the employee has been engaged in a professional growth plan and continues to demonstrate satisfactory performance. This verification form shall be retained in the employee's personnel file. E. Ownership of Materials Developed Materials/records/portfolios expressly developed as a result of the individual's participation in the Professional Growth Option shall be the property of the certificated staff member participating in the program and shall not be retained in the employee's personnel file or used by the District in the formal evaluation criteria. The employee at his/her option may share this information with the supervisor during 88

101 the term of the professional growth plan to further collaborative discussion of the employee's professional growth. F. Restriction The Professional Growth Option shall not be used as a basis for determining that an employee s work is unsatisfactory nor as probable cause of the non-renewal of an employee s contract under RCW 28A Section 9.18: Non-Renewal/Appeal Process Any determination that the employment contract of an employee should not be renewed for the next ensuing term shall be made in conformity with statutory requirements. The appeal processes allowed for any such determination shall also be as provided by statute. Section 9.19: Reopener for Evaluation Forms Either party to this Agreement, by written notice to the other party, may reopen for bargaining the evaluation forms referenced in Article IX. Such bargaining shall then be undertaken by the Labor Management Committee. Section 9.20: Criteria for Evaluation of Certificated Support Personnel Below are listed the five (5) evaluative criteria to use as a basis for evaluating the performance of the certificated support personnel such as nurses, speech and language pathologists, librarians, counselors, intervention specialists, psychologists, physical therapists, and occupational therapists. Under each criterion are listed a number of indicators which shall serve as guidelines to clarify the meaning of the criteria. In the event the evaluator determines any criterion is not relevant, the evaluator shall make the notation, "Not Applicable". Criterion 1: Knowledge and Scholarship in Special Field Each certificated support person demonstrates a depth and breadth of knowledge of theory and content in the special field. He/she demonstrates an understanding of, and knowledge about, common school education and the educational milieu, of grades K-12, and demonstrates the ability to integrate the area of specialty in the total school milieu. Indicators: The evaluation procedure is based on the observed behavior that indicates the support person: 1.1 Provides a theoretical rationale for the use of various procedures. 1.2 Demonstrates understanding of the basic principles of human growth and development. 1.3 Demonstrates the ability and knowledge to make appropriate referrals. 1.4 Relates and applies knowledge, research findings, and theory deriving from the individual's specific discipline to the development of a program of services. Criterion 2: Specialized Skills Each certificated support person demonstrates in his/her performance a competent level of skill and knowledge in designing and conducting specialized programs of prevention, instruction, remediation and evaluation. 89

102 Indicators: The evaluation procedure is based on the observed behavior that indicates the support person: 2.1 Designs and conducts a program providing specific and unique services within the individual's specific discipline. 2.2 Demonstrates ability to synthesize and integrate testing and non-testing data concerning the students: To help students integrate and assimilate data; To help others involved with the student interpret and use data appropriately and accurately; and To help other specialists by providing case-study materials. 2.3 Administers assessment procedures or organizes and prepares those who will administer assessment procedures. 2.4 Demonstrates ability to assist teachers and administrators integrate specialized information into the regular curriculum program. 2.5 Develops goals and objectives consistent with District-level goals and objectives which will facilitate the implementation of programs and services. Criterion 3: Management of Special and Technical Environment Each certificated support person demonstrates an acceptable level of performance in managing and organizing the special materials, equipment and environment essential to the specialized programs. Indicators: The evaluation procedure is based on the observed behavior that indicates the support person: 3.1 Selects or recommends testing and non-testing devices, materials, equipment appropriate to student needs. 3.2 Demonstrates the use and understanding of limitations and restrictions of devices, materials, and procedures. 3.3 Uses comparative and interpretive data. 3.4 Creates an environment which provides privacy and protects student and family information, as mandated by codes of ethics, federal and state regulations, and local District policies. Criterion 4: The Support Person as a Professional Each certificated support person demonstrates awareness of his/her limitations and strengths and demonstrates continued professional growth. Indicators: The evaluation procedure is based on the observed behavior that indicates the support person: 4.1 Demonstrates awareness of the law as it relates to area of specialization. 90

103 4.2 Demonstrates awareness of responsibilities to students, parents, and other educational personnel. 4.3 Demonstrates a willingness to be involved in school and professional activities. 4.4 Continues education and training initiated and selected by the individual. Criterion 5: Involvement in Assisting Pupil, Parents, and Educational Personnel Each certificated support person demonstrates an acceptable level of performance in offering specialized assistance in identifying those needing specialized programs. Indicators: The evaluation procedure is based on the observed behavior that indicates the support person: 5.1 Consults with other staff, school personnel, and parents, concerning the development, coordination, and/or extension of services to those needing specialized programs. 5.2 Plans and develops support programs to assist in identifying the needs of the school population and the special needs of some students. 5.3 Interprets characteristics and needs of students to parents, staff, and community, in group and individual settings, via oral and written communications. 91

104 Section 10.1: Reasons for Layoff ARTICLE X: LAYOFF AND RECALL PROCEDURE FOR STAFF REDUCTION This Article shall govern staff reductions which may be required as a direct result of: A. Enrollment decline; B. Failure of a special levy election or other events resulting in a significant reduction in revenue; and/or C. Change in staffing needs due to State graduation requirements. Prior to implementation of any staff reduction based on C above, the District will make every effort to place the affected employee(s) and fund course work necessary for a second endorsement. This Article shall have no application to and shall place no limitation upon the right of the District to discharge, nonrenew or adversely affect the contract status of employees for any reason other than those enumerated above. It is not the intent that these procedures would be used to lay off any employee on the basis of job performance. Section 10.2: Procedures If the conditions identified in the first Section 10.1 above, cause the District to adopt a reduced educational program, those employees who will be laid off or adversely affected in their contract status will be identified by using the procedures enumerated below: A. Determination of Vacant Positions The District shall determine, as accurately as possible, the total number of certificated staff known as of April 1 st leaving the District for reason of retirement, normal resignations, discharge or nonrenewal, etc., and these vacancies will be taken into consideration in determining the number of available certificated positions for the following school year. B. Certification and Endorsement Possession of any valid Washington State Certificate and applicable endorsement(s) which may be required for the position(s) under consideration shall be a prerequisite for retention. C. Notification to Association In the event the Board anticipates a layoff of employees, it will notify the Association with a report stating that a reduction-in-force necessity exists. D. Seniority List By March 15 th of any year when it is anticipated that a layoff may be necessary, the District shall publish and distribute to each employee and to the Association a complete seniority list ranking all employees in accordance with the seniority definition (paragraph H 1, below). 92

105 E. Leaves of Absence Employees who have taken a leave of absence at the time the layoff procedures are implemented shall be considered for retention on the same basis as if currently employed by the District. The assignment immediately prior to the leave will be considered the current assignment. F. Employment Categories The following categories and specialties are established to ensure the qualifications of personnel to retained positions: 1. Elementary Employees a. Elementary Specialists Employees who hold certification or endorsement in any of the elementary specialist subject areas (e.g. music, PE, or library) and employees currently working, or who have previously worked, in any of the elementary specialist subject areas but do not have an endorsement in any of those areas will be considered for retention in the separate specialist categories (i.e., music, PE, or library). b. Other K-5 Elementary Employees All other elementary employees will be considered for retention in this K-5 elementary employee category. (Elementary employees shall include elementary classroom teachers, elementary Hi-Cap teachers, learning-support teachers, and early-childhood teachers.) If any of the specialist positions listed in paragraph a above, are reduced or eliminated due to a reduction of staff, thereby causing reassignment of some specialist personnel to regular classrooms or other positions, a specialist so reassigned shall have a preferential right to return to a position in his/her specialty when an opening or vacancy occurs. 2. Secondary Employees Secondary teachers (6-12) will be considered for retention by separate teaching specialty categories such as: math, science, social studies, language arts, reading, music, art, physical education, health, individual foreign languages (e.g. French, Spanish), agriculture, woodshop, business/diversified occupations/marketing, computer technology, electronics, machines, technology/trades/industry, and home and family life. Middle school employees teaching more than one (1) of the subjects of language arts, reading, and social studies during two (2) or more periods to most, but not necessarily all, of the same students in a "block" format will be grouped into a category called "block" assignment. 3. Other Employees Other non-supervisory employees will be considered for retention according to their specialties which will include librarians (K-12), special education classroom teachers, counselors (K-12), ELL teachers (K-12), special services personnel (by fields of specialty such as: psychologist, speech language pathologist, physical therapist, occupational therapist, teachers of the sensory impaired, and nurses). 93

106 4. TOSAs Teachers on Special Assignment (TOSAs) will be considered for categories based on their last teaching assignment. 5. New Categories By mutual agreement during the term of this Agreement, the District and Association shall have the right prior to December 1 st to mutually agree to add a category that does not logically fit into any of the above listed categories. G. Retention in Employment Categories 1. Current Category Each employee will, in accordance with the criteria set forth in paragraph H below, be considered for retention in a category or specialty held at the time of the implementation of these procedures. For the purpose of this paragraph, an employee is currently performing in a category or specialty if 0.4 FTE or more of such employee's assignment is devoted to such category or specialty. In the event that an employee qualifies for two (2) categories, that employee must decide which category shall be considered preferred and which shall be considered additional. 2. Additional Categories Employees shall also be considered for retention in such additional categories or specialties as any such employee may designate in writing to the Superintendent or her/his designee within five (5) working days after any request for such information is made by the District. A copy of all requests for consideration in additional categories will be provided by the District to the Association within ten (10) working days from the submission deadline. Unless otherwise expressly allowed in this Article in order to qualify for consideration in any such additional category, the employee must have applicable certification and/or endorsements for that category. Language arts/reading teachers and social studies teachers can qualify for block positions as an additional category. Block teachers may also qualify for consideration for retention in the categories of language arts/reading and/or social studies. H. Selection within Employment Categories Employees shall be considered for retention in available positions within the categories or specialties for which they qualify under paragraphs F and G above. In the event that there are more qualified employees than available positions in a given category or specialty, the following criteria shall be used to determine which employees shall be recommended for retention: 1. Seniority Definition Years of seniority in the State of Washington (to the nearest tenth of a year as applicable to placement on the salary schedule) shall be the basis for retention for those categories and specialties identified in paragraph F above. Within each category or specialty the employee(s) 94

107 having the greater years of seniority shall be recommended for retention. In the event ties exist, placement on the regular salary schedule shall be the basis for retention and the employee(s) having the greater salary (excluding stipends) shall be recommended for retention. In the event ties still exist, experience in the Marysville School District (to the nearest tenth of a year as applicable to placement on the salary schedule, excluding substitute experience) shall be the determining factor. Further ties shall be determined by the drawing of lots in the presence of all employees who are tied. 2. Seniority List and Appeal When it becomes apparent to the District Board of Directors that a reduction in force is necessitated, the District will provide to the Association and all employees a list identifying the ranking of each employee within the categories identified in paragraph F above, as allowed by the Right of Privacy Act. An employee believing his/her ranking is in error shall appeal to the Human Resources Executive Director. Notification of additions, deletions or corrections shall be provided within fifteen (15) days of their determination. 3. Administrative Positions It is recognized that certificated employees of the District holding administrative positions and not included in the bargaining unit covered by this Agreement may be eligible, under appropriate Board policy and administrative procedures, for retention in one (1) or more of the employment categories. This provision shall apply only to certificated administrative employees who have prior service in a bargaining unit position and who have maintained a continuous employment relationship with the District since leaving said unit. Further, retention shall be on the same basis as for employees in the bargaining unit and will be consistent with the criteria for retention as contained in this Article, with the exception that the preferred retention category will be based on the administrator's last assignment. Experience will include administrative experience. I. Action by Superintendent The provisions of paragraphs A through H above shall be implemented on or before May 15 th of the school year prior to the school year in which any staff reductions may be necessary. The Superintendent shall take such action as may be required by statute to nonrenew or adversely affect the employment contracts of affected employees. All employees so notified will have the option of seeking reinstatement through appeal procedures provided by law. J. Recall procedures 1. Purpose These recall procedures govern the recall of employees laid off pursuant to this Article. 2. Benefits All benefits to which an employee was entitled at the time of his/her layoff, including unused accumulated sick leave and credits toward sabbatical eligibility, will be restored upon his/her return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee's current position according to the employee's experience and education. 95

108 3. Method of Recall In the event that additional students enroll in the District or additional funds become available to the District, or vacancies occur as a result of retirement, resignation, or other cause, the Board shall first recall, according to categories or specialties identified above, all employees in the bargaining unit who have been laid off by this reduction-in-force process before the Board employs or assigns any additional personnel to fill assignments within those categories or specialties. Employees with the highest ranking shall be recalled to available positions first. From among those persons in the employment pool, those who have entered said pool in the more recent year(s) shall have preference to vacancies, under the provisions herein, over those who entered said pool in an earlier year. 4. Employment Pool All employees who are not recommended for retention in accordance with these procedures and are laid off shall be placed in an employment pool for possible reemployment for a period from May of the reduction-in-force year to the second October 1 following. In the event of double levy failure for two years in a row, this pool will be extended to the third October 1. Employment pool personnel will be given the opportunity to fill open positions within the categories identified in paragraph F for which they qualify under paragraph G. If more than one (1) employee is qualified for an open position, the criteria set forth in paragraph H shall be applied to determine who shall be offered said position. Each employee's qualifications shall be deemed the same as when the employee was selected for layoff. 5. Notification and Acceptance When a vacancy occurs for which person(s) in the employment pool qualify, notification from the School District will be certified mail or personal delivery to said employee at his/her last known address. It shall be the responsibility of the individual to notify the District of any change of address. Said employee will have seven (7) calendar days from the receipt of the letter to accept the position. If an individual fails to accept a position offered, such individual will be dropped from the employment pool. 6. Use as Substitutes The District will provide employment pool personnel with the opportunity to be placed on the substitute call list. Employment pool personnel who accept placement on the call list will be utilized as substitutes on a first priority basis. Refusal by an employment pool person to accept substitute employment shall in no way jeopardize recall rights. 96

109 ARTICLE XI: GRIEVANCE PROCEDURE Section 11.1: Definitions A. Grievance A claim based upon an alleged violation, misinterpretation or misapplication of this collective bargaining agreement. B. Grievant C. Days An employee covered by this Agreement with an alleged grievance or the Association. If, in the judgment of the Association, a grievance affects a group of employees or the Association, the Association may initiate and submit such grievance in writing to the Superintendent directly, and the processing of such grievance shall be commenced at Step 2. School working days, except for summer months which then shall be week days. Section 11.2: General A. Informal Hearings Hearings at all levels should be kept as informal as possible and as confidential as may be appropriate to the grievance involved. B. Timeliness Grievances should be processed as rapidly as possible, and to that end, the number of days indicated at each level should be considered maximum. Under unusual circumstances, the time limits may be extended by mutual consent of the parties involved. Grievances not filed or appealed in writing within the established time limits shall be considered waived. The grievant has the right to the next step if the time limits for the written decision are not met by the District, unless the time limit is extended as described above. C. Timeline for Initial Filing Grievances not filed in writing to the immediate supervisor within twenty (20) days of the occurrence of the act or condition causing the alleged grievance shall be considered waived. Should the employee not have opportunity to have been aware of the act or condition causing the alleged grievance, the twenty (20) days shall be measured from the time the employee became aware of the act or condition. D. Grievant s Presence At all levels of the formal grievance procedure, beginning with Step 1, the grievant shall be present at all hearings. E. Cooperation and Information The Board, Administration and Association will cooperate in the investigation of any grievance, and further, will furnish such information as is pertinent to the processing of a grievance. 97

110 F. Release Time Employees shall not suffer loss of pay or benefits for release time allowed by the District in the processing of any grievance. Prior approval of any absence must be obtained. G. No Reprisals and Separate Filing of Documents There shall be no reprisals of any kind by the District and/or Association against any participants in the grievance case by reason of participation. Documents, communications, and records dealing with the processing of the grievance shall be filed separately, except for Board minutes, and not in an individual personnel file. H. Grievance Status when Contract Expires Notwithstanding the expiration of the Agreement, any grievance having been filed may be processed through the grievance procedure until solution. Section 11.3: Procedure An effort shall be made to resolve problems through free and informal communication between the employee and the immediate supervisor (in most cases, the principal). If, after such informal and private conference(s), an acceptable adjustment of the alleged problem is not reached, then a grievance may be formally processed in accordance with the following procedures: A. Step 1 B. Step 2 1. If the alleged grievance is not resolved informally, it shall be reduced in writing on Grievance Form A (Appendix H-1) and presented to the immediate supervisor (in most cases, the principal). A meeting of the grievant and supervisor will be held within five (5) days after receipt of the grievance if either party so requests within twenty-four (24) hours from the time the grievance was filed. 2. At this step and any subsequent step, the grievant may be represented by a representative of the Association. Such witnesses as deemed necessary may be called upon by either party to present facts to the alleged grievance. 3. Within five (5) days after the written grievance is presented to the immediate supervisor, or five (5) days after the meeting of the two parties as described in A above, the immediate supervisor shall render a decision in writing using Grievance Form B (Appendix H-2) and present it to the grievant. 1. If the grievant is not satisfied with the written decision at Step 1, a written appeal of the Step 1 decision may be filed, using Grievance Form B (Appendix H-2), with the Superintendent. Such appeal must be filed within five (5) days after receiving the written decision from Step Within five (5) days after receipt of the appeal, the Superintendent or his/her duly authorized representative shall hold a hearing with the grievant and the supervisor involved in the grievance if requested to attend by the Superintendent or his/her duly authorized representative. 98

111 C. Step 3 3. The Superintendent or his/her duly authorized representative shall render a decision in writing, using Grievance Form C (Appendix H-3), to the grievant within eight (8) days after the conclusion of the hearing. 1. If the grievant is not satisfied with the disposition of his/her grievance at Step 2, or if no decision has been rendered within the time specified therein, the grievant may within five (5) days after notification thereof request, in writing using Grievance Form C (Appendix H-3), with copies to the District and the Association, that the Association submit the grievance to arbitration. The Association, by written notice to the Superintendent, within ten (10) days after receipt of the request from the aggrieved person, may request arbitration. The arbitrator shall be selected by the American Arbitration Association in accord with its Labor Arbitration Rules which shall likewise govern the arbitration proceeding, provided the Association shall have the option of having the arbitrator selected through the Federal Mediation and Conciliation Service (FMCS). If the latter is chosen the request to FMCS will include a request for a list of at least eleven (11) arbitrators. From that list each party will separately strike unacceptable arbitrators and rank the remaining in order of preference. The highest ranking common arbitrator remaining on the list shall be selected. If there is no common arbitrator after the striking and ranking process, an additional list will be requested from FMCS. 2. The initial meeting before the arbitrator shall take place not more than twenty (20) calendar days subsequent to the date of notification to the arbitrator, unless a later date is found agreeable to the parties or necessary to the convenience of the arbitrator. 3. The arbitrator, who shall function in a judicious and not a legislative capacity, shall have only such jurisdiction and authority as is specifically granted by this Agreement. The arbitrator shall be limited to determining whether the District has violated or failed to apply the specific provision or provisions of this Agreement as initially presented in the grievance. Neither the District nor the Association shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence or witness not previously disclosed to the other party. The arbitrator shall have no power to destroy, change, add to, or delete from any of the specific terms of this Agreement. The arbitrator shall be required to provide his/her decision in accordance with the express language of this Agreement. Grievances not processed in accordance with the provisions of this Agreement shall not be subject to arbitration. Any matter coming before the arbitrator that is not within his/her authority, function and jurisdiction, as herein defined, shall be rejected by him/her on that basis without any further decision or recommendation. 4. The decision of the arbitrator, when provided in accordance with the foregoing, shall be final and binding upon both parties. 5. Each party shall bear the expense of preparing and presenting its own case. The cost, if any, of the arbitrator and incidental expenses shall be borne equally by the Association and the District. 99

112 ARTICLE XII: AFFIRMATIVE ACTION The Board and the Association declare their support to Affirmative Action in the recruitment and employment of personnel in accordance with the law and as lawfully required by valid regulations, at all professional levels within the bargaining unit. The Board will supply a copy of its Affirmative Action program and amendments to the Association. 100

113 Section 13.1: Compliance of Agreement ARTICLE XIII: STATUS OF AGREEMENT AND DURATION A. Relationship to Individual Contracts All individual employee contracts shall be subject to, and consistent with, Washington State Law and the terms and conditions of this Agreement. Should any employee contract contain language in conflict with this Agreement, the Agreement shall be controlling. B. Bargaining Completed before Issuance of Contracts Individual contracts for employees of the District, if issued prior to the completion of negotiations, shall contain a rider allowing adjustment so that all employee contracts conform to the final negotiated Agreement. Section 13.2: Conformity to Law This Agreement shall be governed and construed according to the Constitution and laws of the State of Washington. If any provision of this Agreement, or any application of this Agreement to any employee or group of employees covered hereby shall be found contrary to law, such provision or application shall have effect only to the extent permitted by law, and all other provisions or applications of this Agreement shall continue in full force and effect. Section 13.3: Distribution The Association and District shall mutually agree to the shared cost and method of producing and distributing Agreements. Section 13.4: Forms Forms used by the District for use in complying with this Agreement shall be made available as directed or implied herein. All forms must be consistent with the terms and conditions of this Agreement. Section 13.5: Ratification and Mutual Consent A. Ratification and Amendments To be valid, this Agreement must have been ratified by the Association and the Board and signed by authorized representatives thereof. It may be amended or modified during its term only with mutual consent of the parties. B. When Effective It shall be effective in accordance with the terms of agreement herein. Section 13.6: Definition of Agreement A. Opportunity to Bargain The parties acknowledge that during the negotiations of this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any and all subjects or matters not removed 101

114 by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties are set forth in this Agreement. Unless otherwise expressly provided in this Agreement, this Agreement shall not be reopened except by mutual consent of the parties during the duration hereof. B. Status of the Agreement All rights and duties of both parties are specifically expressed in this Agreement and such expression is all inclusive. This Agreement shall supersede any rules, regulations, policies, resolutions, or practices of the District which are contrary to or inconsistent with its terms. All terms and conditions of employment shall be maintained at no less than the highest minimum standards in effect at the time this Agreement is signed, provided that such conditions shall be improved for the benefit of employees as required by the express provisions of this Agreement. This Agreement shall not be interpreted or applied to deprive employees of professional advantages heretofore enjoyed unless expressly stated herein. C. Duration This Agreement shall remain in full force and effect from September 1, 2014 through August 31, D. Reopening This Agreement may be reopened during its term to the following extent: 1. Contingent Reopener-Compensation and Benefits Salary schedules, stipends and insurance benefits for each year may be reopened by the Association for negotiations in any of the following events: (A) the present salary limitation laws are voided as applied to the District by a final and binding court order; or (B) the legislature or administrative agencies remove or ease the present salary limitations as applied to the District; or (C) the legislature increases funding for salaries and insurance benefits. Any salary or insurance benefits increase resulting from such negotiations may be applicable for the entire school year to the extent consistent with law. 2. Legislatively-Mandated Changes The parties to this Agreement recognize that this Agreement spans a period in which there could be legislative sessions. Therefore, either party shall have the right to reopen negotiations on any legislatively-mandated requirements which relate to wages, hours, or terms and conditions of employment, provided that neither party shall be obligated to bargain if said legislation expressly grandfathers existing collective bargaining agreements. 3. New Legislation A right to reopen shall also be allowed to the Association for any new legislation that allows, but does not require, a new opportunity to bargain a subject that relates to wages, hours, or terms and conditions of employment. 4. President s Release Time The Association shall have the right by March 1 st of each year of this Agreement to reopen Article IV, Section 4.6 (President's Release Time) when it is demonstrated to the District that the Marysville Education Association does not have the funds to meet its obligation according to the terms of this Agreement. 102

115 5. Substitute Pay Rates Either party to this Agreement shall have a right during the term of this Agreement to reopen negotiations on the substitute pay rates provided in Section 2.3. During the period of any reopened negotiations as allowed by paragraphs 1-3 above, Article III, Section 3.2 shall be inoperative as a contractual agreement, provided that such inoperative status shall not be deemed a waiver of any other legal rights or obligations of the parties. Any demand for bargaining by either party shall be in writing and shall state the basis for the request. E. Negotiations of Successor Agreement Negotiations on a successor Agreement shall commence upon request of either party. F. Contract Waiver The District and Association may agree to waive specific provisions of this Agreement in accordance with the following: 1. Who May Submit Waiver Request Contract waiver requests may be made by any school in the District. For the purposes of this Section, a school means each elementary school, each secondary campus that includes more than one SLC, and each of the other secondary schools. In addition, a small learning community (SLC) shall also be considered a school for the sole purpose of requesting a waiver of Section 8.2.B.1 (Secondary Planning Time) that guarantees the same amount of planning time within the student day, but on a weekly basis as opposed to a daily basis. 2. District and Association Agreement Required A contract waiver will be granted only if both the District and Association agree in accordance with the provisions of this Section 13.6 F. 3. Form Required Contract waiver requests must be submitted on the appropriate form which can be obtained from the Association office (See Appendices G-1 and G-2). 4. Submission of Form Prior to a Vote Prior to any vote taken per paragraph 5 below, the appropriate form is to be completed to the extent possible and then must first be submitted to the Superintendent or designee and the Association President concurrently so that a determination can be made as to who the eligible voters on the issue will be. 5. Vote Requirement No contract waiver will be granted without first obtaining an 85% approval vote (80% on a modified school calendar waiver request) by secret ballot from members of the Association s bargaining unit who have been determined to be eligible voters. In the event a modified school 103

116 calendar waiver request is granted, employees who do not wish to remain at that school will be given priority in the voluntary transfer process. 6. What Request Must Include A contract waiver request must include the following: a. Reference to the specific provisions of the Agreement requested to be waived; b. Rationale for the waiver; c. The specific beginning and ending dates for the waiver; d. Description of which employees would be affected by the waiver and how they would be affected; e. Description of how the decision to request the waiver was made and evidence it reflects at least 85% (80% on a modified school calendar waiver request) approval of those in the Association s bargaining unit determined to be eligible to vote per the provisions in paragraphs 4 and 7, herein. f. Description of the cost or budget impact of the waiver, if any; and g. Explanation of how the waiver, if granted, might affect other employees outside of the school and other operations of the District. Contract waiver requests from an SLC per paragraph 7 below, should pay particular attention to analyzing the impact of any waiver request on the other SLCs at the campus site. 7. Special Requirements-SLC Request and Section 8.2.B.1 The following are special requirements if the requesting school is a SLC requesting a waiver of Section 8.2.B.1: a. It is recognized that such a waiver request, if granted, may have a verifiable impact (an objection to contract waivers in general will not be considered as a verifiable impact) on one or more of those other SLCs or on the campus as a whole; b. At the same time copies of the request (see form in Appendix G-2) is submitted to the Association President and the Superintendent or designee per paragraph 4 above, copies of the request shall also be submitted to the staff at the other SLCs at that campus site. Said staff, in whatever form they wish, may submit a statement to the Association President and Superintendent or designee outlining any concern regarding the impact of granting a waiver to the requesting SLC and who should be given the opportunity to vote on the request; and c. After a reasonable time has elapsed to receive any input from SLC staff per b above, the Association President and Superintendent or designee will agree whether to allow the staff in other affected SLCs to also vote on the waiver request. If no agreement between the Association President and Superintendent or designee in such cases is reached, the waiver request will not be granted. If the staff at one or more of the other affected SLCs 104

117 are allowed to vote, the 85%/80% requirement will apply to the total of all those eligible to vote. 8. Duration of Contract Waiver No contract waiver shall be granted for a duration of more than one (1) school year, and no contract waiver shall be granted for a duration that extends beyond the expiration date of the current Agreement. However, a modified school calendar waiver may be granted for up to three (3) years regardless of the expiration date of the current Agreement. 9. Non Precedent Setting The Association and District agree that any waivers granted are not precedent setting. The parties further agree that once the waiver has expired, all waived provisions shall return to the status contained in the Agreement at the time of the waiver s expiration. 10. Waiver to be Addendum to Agreement 11. Forms A contract waiver, if granted, will be considered an addendum to this Agreement, and any dispute as to its interpretation or application will constitute a grievance within the meaning of Article X. Except to the extent waived pursuant to the above, this Agreement will remain in full force and effect and have full application to the employees who are affected by the site-based, decisionmaking arrangements. Contract Waiver Forms- see Appendices G-1 and G

118 106

119 Academic Freedom Administrative Leave Adoption Affirmative Action Agency Shop... 6 Annual Leave Cash Out Arbitration Assignment Association Leave... 9 Benefit Pool Bereavement Leave Calendar Case Load Childbirth Leave Class Load Assistance Clock Hour Clock Hour Fees Co-curricular Compliance of Agreement Contract Year Counselors Course Preparations Coverage for Administrator Absence Covering Classes Dental Plan Disability Leave District Discretionary Leave Duration Early Release and Late Start Days Education Guidelines Educational Specialist Degree Elementary Specialists Emergency Leave Employee Discipline... See Just Cause Employment Pool Equipment and Facilities Use ESA Experience EVALUATION Experience Guidelines Facilities Family Leave Act FMLA Governmental Leave Grievance Procedure INDEX Grievance Timeline Hold Harmless... 8 Husband and Wife Illness in the Family... See Emergency Leave Inclement Weather Weather Individual Employee Contracts Informal Hearings Injury on Job Insurance Benefits Insurance Plan Selection Involuntary Transfer Job Postings...18,20 Job Sharing Jury Leave Just Cause Labor Management Committee... 9 Layoff Leave Leave Sharing Letters of Clarification Liability Insurance Librarians... 18, 67-68, 93 Long Term Disability Plan Maximum Class Loads Medical Plan Mentoring Mid-year Adjustments Military Leave National Board Certification Support National Boards New Student Enrollees No Strike... 5 Notice and Investigation Observation Overload Overload Relief... 58, 63 Paid Leave... See Leave Paternity Leave Payment Provisions Payroll Deductions Personal Illness or Injury... See Leave Personal Leave Personnel File

120 Ph.D Planning Time Postings... See Job Postings Probation Professional Certification Professional Growth Option Professional Improvement Leave Professional Learning Communities Professional Leave Professional Responsibility... See TRI Program Support Pool Program Support Positions Psychologists... 18, 68 Ratification Reassignment Recall Recognition... 1 Release Time... 9 Release Time Provisions.. See Early Release and Late Start Days Relief Assistance Religious Objection Reopening Representation Fee... 7 Sabbatical Leave Safe Working Conditions Salary Compliance Salary Schedule Salary Schedule Provisions Secondary Counselors Section Seniority Definition Seniority List Seniority List and Appeal Special education Special education Caseloads and Overload Relief Special Needs Students Overload Split Classes Student Discipline... 15,160 Student Grading SUBSTITUTE... 3 Substitute Requests Substitutes... i, vii, 1, 3, 4, 67, 96 Summer School Supplemental Contract Supplies and Materials Transfer... 19, 21, 22 Travel TRI... 36, 112, 113 TRI Verification Tuition Reimbursement Vacancy... 19, 20 Vision or Life Plan Visitors Vocational Instructors Voluntary Staff Exchange Voluntary Transfer WA Kids Workday

121 Appendix A School Calendar 109