Cle Elum Roslyn - schoolcontracts.info
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Cle Elum Roslyn - schoolcontracts.info
2012 - 2015 CLE ELUM-ROSLYN SCHOOL DISTRICT No. 404 COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS PREAMBLE 1 ARTICLE I - ADMINISTRATION SECTION 1. DEFINITIONS SECTION 2. RECOGNITION SECTION 3. STATUS OF THE AGREEMENT SECTION 4. CONFORMITY TO LAW SECTION 5. PRINTING/DISTRIBUTION OF AGREEMENT SECTION 6. ISSUANCE OF CONTRACTS 2 2 2 2 3 3 3 ARTICLE II – BUSINESS SECTION 1. MANAGEMENT RIGHTS SECTION 2. ASSOCIATION RIGHTS AND RESPONSIBILITIES SECTION 3. DUES DEDUCTION SECTION 4. ASSOCIATION LEAVE SECTION 5. MEETING WITH ADMINISTRATION 4 4 4 5 6 6 ARTICLE III - EMPLOYEE RIGHTS SECTION 1. HIRING PRACTICES SECTION 2. NON-DISCRIMINATION SECTION 3. EMPLOYEE RESPONSIBILITIES SECTION 4. DUE PROCESS SECTION 5. DISTRICT PERSONNEL FILES SECTION 6. EMPLOYEE PROTECTION SECTION 7. ASSIGNMENT AND TRANSFER – EMPLOYEES 7 7 7 7 7 8 9 9 ARTICLE IV - EVALUATION – PROBATION SECTION 1. GENERAL SECTION 2. PURPOSES OF EVALUATION (WAC 392-191-025) SECTION 3. USE OF EVALUATION RESULTS (WAC 392-191-045) SECTION 4. RESPONSIBILITY FOR EVALUATION SECTION 5. OBSERVATION AND EVALUATION TIMELINES SECTION 6. OBSERVATION PROCEDURES SECTION 7. EVALUATION CRITERIA (WAC 392-191-010) SECTION 8. EVALUATION PROCEDURES SECTION 9. REMEDIATION AND PRE-PROBATION SECTION 10. PROBATION SECTION 11. ACTION BY THE EMPLOYEE SECTION 12. EVALUATION-PROFESSIONAL GROWTH PLAN (PGP) (WAC 392-192) 12 12 12 12 13 13 13 14 15 15 16 17 17 ARTICLE V - LAYOFF AND RECALL SECTION 1. DEVELOPMENT OF SENIORITY AND QUALIFICATION(S) LIST SECTION 2. INITIATION OF LAYOFF SECTION 3. PROGRAMS AND SERVICES SECTION 4. EMPLOYEE RETENTION PROCEDURES SECTION 5. EMPLOYMENT POOL SECTION 6. RECALL BENEFITS SECTION 7. ACTION BY THE EMPLOYEE 20 20 20 20 21 22 23 23 CEREA/CERSD CBA 2012 - 2015 – pg i ARTICLE VI – INSTRUCTION SECTION 1. PREPARATION PERIODS SECTION 2. WORK LOAD SECTION 3. STUDENT DISCIPLINE SECTION 4. CONTROVERSIAL TOPICS/ACADEMIC FREEDOM SECTION 5. EMPLOYEE FACILITIES SECTION 6. CURRICULUM DEVELOPMENT SECTION 7. GRADING 24 24 24 25 25 26 26 26 ARTICLE VII – LEAVES SECTION 1. EMPLOYEE ON LEAVE SECTION 2. SICK LEAVE SECTION 3. SICK LEAVE CASH-OUT (RCW 28A.400.21 0) SECTION 4. SICK LEAVE SHARING SECTION 5. MATERNITY/PATERNITY LEAVE SECTION 6. CHLDREARING LEAVE SECTION 7. EMERGENCY LEAVE SECTION 8. FAMILY ILLNESS LEAVE SECTION 9. BEREAVEMENT LEAVE SECTION 10. JURY DUTY/SUBPOENA LEAVE SECTION 11. MILITARY LEAVE (RCW 38.40.060) SECTION 12. PROFESSIONAL LEAVE SECTION 13. PERSONAL LEAVE SECTION 14. OTHER LEAVE 27 27 27 28 28 29 29 29 30 30 30 30 30 30 31 ARTICLE VIII – FISCAL SECTION 1. WORK DAY SECTION 2. WORK YEAR SECTION 3. PER DIEM DAYS SECTION 4. SALARY SCHEDULE CALCULATIONS SECTION 5. PAYMENT SECTION 6. PROVISIONS GOVERNING EMPLOYEES' SALARY SCHEDULE SECTION 7. SALARY COMPLIANCE SECTION 8. SUPPLEMENTAL CONTRACTS SECTION 9. INSURANCE BENEFITS SECTION 10. OTHER DEDUCTIONS SECTION 11. TRAVEL SECTION 12. BUILDING BUDGET COMMITTEE 32 32 32 32 33 33 34 35 35 36 36 36 36 ARTICLE IX - GRIEVANCE PROCEDURE SECTION 1. DEFINITIONS SECTION 2. PURPOSE/REPRESENTATION SECTION 3. PROCEDURE SECTION 4. ARBITRATION SECTION 5. LITIGATION COSTS SECTION 6. ELECTION OF REMEDIES SECTION 7. TIME LIMITS SECTION 8. GRIEVANCE AND ARBITRATION HEARINGS SECTION 9. INDIVIDUAL COMPLAINTS SECTION 10. CONTINUITY OF GRIEVANCE SECTION 11. EXCLUSION FROM ARBITRATION 37 37 37 37 38 39 39 39 39 39 39 39 ARTICLE X – DURATION SECTION 1. TERM OF AGREEMENT SECTION 2. RE-OPENERS 41 41 41 CEREA/CERSD CBA 2012 - 2015 – pg ii APPENDICES: APPENDIX A SALARY SCHEDULE 42 APPENDIX B EXTRA CURRICULAR PAY SCHEDULE 43 APPENDIX C-1A CERTIFICATED PERSONNEL EVALUATION REPORT APPENDIX C-1B CERTIFICATED PERSONNEL EVALUATION REPORT (SHORT FORM) APPENDIX C-1C TEACHER OBSERVATION 45 47 48 APPENDIX C-2A CERTIFICATED SUPPORT PERSONNEL EVALUATION REPORT APPENDIX C-2B CERTIFICATED SUPPORT PERSONNEL EVALUATION REPORT (SHORT FORM) APPENDIX C-2C CERTIFICATED SUPPORT OBSERVATION 50 52 53 APPENDIX C-3A CERTIFICATED PERSONNEL/TEACHER EVALUATION GUIDELINES APPENDIX C-3B COMMUNICATION DISORDERS SPECIALIST EVALUATION GUIDELINES APPENDIX C-3C GUIDANCE AND COUNSELING PERSONNEL EVALUATION GUIDELINES APPENDIX C-3D OCCUPATIONAL THERAPIST/PHYSICAL THERAPIST EVALUATION GUIDELINES APPENDIX C-3E SCHOOL PSYCHOLOGIST EVALUATION GUIDELINES 55 57 59 61 63 APPENDIX C-4A PROFESSIONAL GROWTH PLAN FORM APPENDIX C-4B PROFESSIONAL GROWTH PLAN ASSESSMENT FORM 65 66 APPENDIX D DUES AUTOMATIC PAYROLL DEDUCTION 67 APPENDIX E JUST CAUSE/SEVEN KEY TESTS 68 APPENDIX F GRIEVANCE REVIEW REQUEST FORM 69 APPENDIX G SCHOOL CALENDAR 71 APPENDIX H NON-STUDENT DAYS 71 APPENDIX I CHANGES TO THE SCHOOL DAY AND ADDITIONAL DAYS 73 SIGNATORIES 74 CEREA/CERSD CBA 2012 - 2015 – pg iii PREAMBLE This Agreement is entered into between the parties. It is the purpose and intent of the parties hereto to provide through this Agreement for orderly collective bargaining relations between the parties, to set forth the wages, hours and terms and conditions of employment of the employees to the end that quality education for the children of the District will be served. The parties having reached certain agreements pursuant to the Act, do hereby agree as follows: CEREA/CERSD CBA 2012 - 2015 – p. 1 ARTICLE I - ADMINISTRATION SECTION 1. DEFINITIONS A. District/Board shall mean the Cle Elum/Roslyn School District No. 404, County of Kittitas, State of Washington. B. Association shall mean the Cle Elum/Roslyn Education Association, which is affiliated with the National Education Association and with the Washington Education Association. C. Parties shall mean the District and the Association as co-signers of the Agreement. D. Agreement shall mean the Collective Bargaining Agreement signed by the parties. E. Employee shall mean a member of the bargaining unit. F. Day shall mean school day except during summer when it shall mean District Office work day. G. Superintendent shall mean the chief administrator of the District. H. President shall mean the presiding officer of the Association. I. Contract shall mean the individual signed contract issued to each employee. J. Act shall mean RCW 41.59, the Educational Employment Relations Act. K. OSPI shall mean the Office of the State Superintendent of Public Instruction. L. Counselor shall mean a certificated Educational Staff Associate (ESA) in School Counseling. SECTION 2. RECOGNITION The Board recognizes the Association to be the exclusive bargaining representative for all full or part-time certificated, non-supervisory employees employed or to be employed by the District who are under contract or on District-approved leave. Such representation shall cover all employees assigned to newly created certificated positions unless such positions are principally supervisory or administrative. Such representation shall exclude Superintendent, principals, assistant principals, administrative assistants, full or part time. The Board agrees not to bargain with or officially recognize any employees' organization other than the Association for the duration of this Agreement. SECTION 3. STATUS OF THE AGREEMENT A. Contracts between the Board and an employee shall be subject to and consistent with Washington State Law and the terms and conditions of this Agreement. If a contract contains any CEREA/CERSD CBA 2012 - 2015 – p. 2 language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling. B. There shall be a supplemental contract for specified PERC registered co-curricular and special assignments which shall not exceed one (1) year and shall be in accordance with statutory provisions. The District shall advise employees in writing not later than the last day of the school year if the employee's supplemental contract is not to be renewed for the coming year. C. This Agreement shall supersede rules, regulations, resolutions or policies which are inconsistent with its terms. SECTION 4. CONFORMITY TO LAW A. If any provision of this Agreement is held to be contrary to law, such provision shall become inoperative to the extent mandated by law. The remainder of the Agreement shall remain in full force and effect for the duration of this Agreement. B. If any provision of this Agreement is so held to be contrary to law, the parties hereby mutually agree to commence bargaining on said provision as soon thereafter as is reasonably possible. SECTION 5. PRINTING/DISTRIBUTION OF AGREEMENT A. Within forty-five (45) days following the ratification and signing of this Agreement by the parties, the Association shall distribute copies of this Agreement for each employee and Board member in electronic format except when requested in print. The Association will accept the Agreement on behalf of the employees and will be responsible for distribution of a copy to each current employee. B. The cost of printing shall be shared equally between the parties. SECTION 6. ISSUANCE OF CONTRACTS A. Three (3) copies of the contract shall be given to the employee each year for signatures and dates. One (1) copy is retained by the employee at the time of signing and dating; two (2) copies are forwarded to the District office to be signed by the Board. One (1) of these copies is then placed on file in the District office, and the other copy is returned to the employee. The date that new employees sign the contract shall be used for the Seniority and Qualification List. B. Supplemental contracts will be issued to each employee filling a Board-approved PERC registered co-curricular position. C. All staff attending a home co-curricular event are expected to assist the appointed supervisor or athletic director when needed. Due the supervisory nature of their presence, all staff will be admitted with a District issued pass. CEREA/CERSD CBA 2012 - 2015 – p. 3 ARTICLE II - BUSINESS SECTION 1. MANAGEMENT RIGHTS The Board acting in behalf of the electorate of the District retains and reserves all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the regulations of the State Board of Education, the laws and the Constitution of the State of Washington and/or the United States. The Association recognizes that the Board is legally responsible for the operation of the District and that the Board has the necessary authority to discharge all of its responsibilities subject to the laws mentioned above and to the provisions of this Agreement. The rights, authority, duties and responsibilities of the Board shall be limited only by the specific and expressed terms of this Agreement, and the responsibility of the Board to bargain in good faith wages, hours, and terms and conditions of employment as defined by the Act. SECTION 2. ASSOCIATION RIGHTS AND RESPONSIBILITIES A. Interschool mail facilities will be made available for distribution of Association communications so long as such communications are labeled as Association materials. The Association assumes full responsibility for all materials distributed and labeled as Association materials. B. School facilities will be available for Association meetings at reasonable times during non-duty hours, provided that such meetings shall not interfere with the normal school operations. C. The Association may use school equipment, including typewriters, ditto machines, and other duplicating equipment normally available to employees, after school hours, providing that such equipment shall not be removed from school property or moved within the building so as to cause damage to the equipment. The building administrator will be notified prior to the use of school equipment. The use shall be for Association business. Materials produced on school equipment shall be limited to internal Association communications and press releases. Expendable supplies, in connection with equipment use, will be furnished or paid for by the Association. The Association shall give prior notice of any such activity or property use. The District may require a reasonable rental for the use of District facilities and equipment D. The Association shall be responsible for accidents, theft, and loss or damage resulting from the use of facilities and equipment. E. The Association shall have the right to post notices of activities and matters of Association concern on designated teacher bulletin boards, one of which shall be provided in each school building, provided such notices are labeled as Association materials. The Association assumes full responsibility for all materials posted and labeled as Association materials. F. The Board agrees to furnish to the Association, in response to reasonable requests, all information which is of public record. G. Duly authorized representatives of the local 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. It is the responsibility of the above-mentioned Association representative to report to the principal or designee prior to contacting employees in the building. CEREA/CERSD CBA 2012 - 2015 – p. 4 H. The FTE status of new employee(s) shall be reported in writing to the President within thirty (30) days after hiring. A copy of the Board adopted minutes shall be considered sufficient notice. I. Upon notification by the Association by at least forty-eight (48) hours advance of the Board meeting, the Association shall be placed on the agenda of such meeting. The Board minutes shall be sent to all CEREA members via e-mail after Board approval. The Proposed Board Agenda shall be sent the Friday prior to the Board Meeting. J. The privileges granted herein to the Association shall not be granted or extended to any competing organization attempting to represent members of the bargaining unit. K. In the event of an actual strike, sit down, slow down, or picketing against the District, the above granted rights shall be rescinded for the duration of these named activities. SECTION 3. DUES DEDUCTION A. On or before August 25 of each school year, the Association shall give written notice to the Board of the dollar amount of dues and assessments of the Association, which dues and assessments are to be deducted in the coming school year under all payroll deductions. The total for these deductions shall not be subject to change during the school year. B. The deductions authorized above 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. Employees who commence employment after September or terminate employment before June shall have their deductions prorated for each month the employee is employed. The Board agrees to remit promptly and directly to the Washington Education Association all moneys so deducted, accompanied by a list of employees from whom the deductions have been made. A duplicate list shall be promptly provided to the Association as receipt of said transaction. On or before the monthly pay period, the Board shall notify the Association of any changes in said list due to employees entering or leaving the employ of the District via approved meeting agenda and minutes which are sent via e-mail in accordance with Article II Section 2 I. C. The Association agrees to reimburse any employee for dues and/or assessments that were deducted in excess of the total amount due to the Association at that time, provided the Association or its affiliate actually received the excessive amount. D. Within ten (10) days of their commencement of employment, employees may sign and deliver to the Board a Dues - Automatic Payroll Deduction form (see Appendix D), which shall authorize deduction for membership dues and assessments of the Association (including the National Education Association and the Washington Education Association). Such authorization shall continue in effect from year to year unless a request of revocation is submitted to the Board and the Association, signed by the employee and received between August 1 and August 31, preceding the designated school year for which revocation is to take effect. Each month during the school year the Association agrees to provide the Board with names of those employees who have joined the Association and paid its dues and assessments by means other than through payroll deduction. E. No member of the bargaining unit will be required to join the Association; however, those employees who are not Association members will be required to pay a representation fee to the Association. The representation fee shall be an amount equal to dues for the Association membership less any political action contribution. This fee shall be regarded as fair compensation and reimbursement to the Association for fulfilling its legal obligation to represent each member of the bargaining unit. SECTION 4. ASSOCIATION LEAVE CEREA/CERSD CBA 2012 - 2015 – p. 5 Seven (7) days of District-paid employee leave shall be available each school year to the Association. Such leave may be granted at such times and in such amounts as requested by the President for Association business provided substitutes are available. The Association shall reimburse the District for the cost of the substitutes. If the need should exist for additional days, the District shall grant non- paid employee leave, provided substitutes are available and the Association shall reimburse the District for the cost of the substitutes. SECTION 5. MEETING WITH ADMINISTRATION The President or representative may meet with the Superintendent or designee at mutually agreeable times during the school year to review problems and practices concerned with the administration of this Agreement or in an effort to forestall or alleviate the need for proceeding to the Arbitration step of the grievance procedure. CEREA/CERSD CBA 2012 - 2015 – p. 6 ARTICLE III - EMPLOYEE RIGHTS SECTION 1. HIRING PRACTICES A. It shall be the responsibility of the principal or designee to hire substitutes for employees. B. The District shall provide that an absent employee may specify substitute choices from the substitute list in the order of his/her preference. The preferred substitute shall be hired if available. C. The district will provide substitutes for absent educational staff assistants for high needs students (one on one). D. The District shall provide an employee who substitutes for a building administrator an additional $25 per day stipend to that employee for the added responsibilities SECTION 2. NON-DISCRIMINATION A. Neither party shall unlawfully discriminate against any employee or applicant for employment by reason of race, creed, color, domicile, physical disability, marital status, sex, age, or national origin. B. The District will not discriminate in any manner against an individual who has been diagnosed as having Blood Borne Pathogens, AIDS, or has been found to be Human Immunodeficiency Virus (HIV) positive. Decisions concerning employment and job assignment for a person who has been diagnosed as having Blood Borne Pathogens, AIDS, or has been found to be HIV positive shall be made in the same manner as any other employee who has a terminal illness or a serious physical handicap. C. The Board and/or administrators will not discriminate against any employee because of his/her membership or non-membership in employee organizations or participation in Association activities, or any grievance, complaint or proceeding under this Agreement. SECTION 3. EMPLOYEE RESPONSIBILITIES A. Employees shall care for instructional materials, equipment and school property and shall promptly report damage, loss, theft of equipment, furniture, fixtures, and school property to their supervisor. B. Employees shall be responsible for the supervision of students in their classroom, on campus, and when they are supervising school-related activities. SECTION 4. DUE PROCESS A. No employee shall be disciplined (including warnings, reprimands, suspensions, discharges, nonrenewals, termination or other actions that would adversely affect the employee) without just and sufficient cause. (See Appendix E) The specific grounds forming the basis for disciplinary action will be made available to the employee in writing as soon as possible. In the event an employee requests a hearing following any form of discipline, the employee shall have the right to have a peer present, to have peer(s) assist and/or mentor to correct the problem(s). An employee shall be allowed to have present a representative of his/her choosing during any disciplinary action. B. In cases where the health, safety and well-being of students, other employees or District patrons necessitates immediate disciplinary action, the District will notify the employee and the Association within five (5) days that action has been taken. CEREA/CERSD CBA 2012 - 2015 – p. 7 C. The Board agrees to support the philosophy of progressive discipline which includes, but is not limited to, verbal warning, written reprimand, suspension with pay, and suspension without pay, prior to nonrenewal or discharge. It is understood that a letter of suspension from the superintendent shall be given to the employee before any suspension takes place. Any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates said action. D. Any complaint, concern, derogatory material, etc. made against an employee or person for whom the employee is administratively responsible, by any parent, students, or other person will be promptly called to the attention of the employee. Any complaint (except for criminal or civil investigations) not called to the attention of the employee within ten (10) working days may not be used in the annual evaluation or as the basis for any disciplinary action against the employee. E. In the event an employee is non-renewed or discharged as per RCW 28A.405.210 or RCW 28A.405.300, and a hearing is requested, then either the employee, the Association or the District may elect to submit the issue to Step IV of the Grievance Procedure (binding arbitration) or to the hearing process in RCW 28A.405.310. The above does not apply to provisional employees, leave replacement employees or longterm substitutes. SECTION 5. DISTRICT PERSONNEL FILES A. Employees shall have the right to review upon request all materials in their personnel file. No employee may remove any part of all of his/her personnel file from the District office. B. The employee has the right to request the removal of inappropriate material(s) or to use the grievance procedure to have those materials removed. The employee’s supervisor or designee and the employee’s representative (if the employee requests) shall have the right to be present during this review and decision process. C. Only one (1) District Personnel File shall be kept for each employee. D. Employees shall have the opportunity to review all derogatory materials before they are made a permanent part of their personnel file. An employee shall have the right to answer and/or refute in writing any materials which may be judged by him/her to be derogatory to his/her conduct, service or character. The written response shall be attached to the related document(s) and shall be made a part of the employee’s personnel file. E. Upon request, one (1) copy of any material contained in the personnel file shall be made available to the employee without cost. F. Upon request by the employee, the Superintendent or designee shall sign an inventory sheet to verify contents of the personnel file at the time of inspection by said employee. G. Every reasonable effort shall be made to keep the contents of the personnel file private. H. All information forming the basis for any reprimand, warning, discipline, or adverse effect shall be limited in a progressive manner based on the top level of discipline/reprimand received. At the employee’s request, if the top level of discipline/reprimand is a verbal reprimand, all materials will be removed after three (3) years from the date of the reprimand. If the top level of discipline/reprimand is a letter of reprimand, all materials will be removed after five (5) years from the date of the reprimand. If the top level of discipline/reprimand is a suspension with or without pay, all materials will be removed after seven (7) years from the date of the reprimand. The exception will be for information relating to sexual, physical or psychological abuse, criminal activities, or contact with a minor for illegal purposes. CEREA/CERSD CBA 2012 - 2015 – p. 8 I. When a charge of misconduct against an employee is found to be without basis, all related documents shall be destroyed to protect the employee’s reputation and work record. J. It is reasonable for a District to have a written record of a verbal warning in the employee’s personnel file. However, it should only be a Record of the warning, NOT an in depth record of the incident or the investigation and findings. Verbal warnings will use the following format. 1. Name of Staff member/Assignment 2. A BRIEF description of offense, not to exceed one to two sentences, for which employee was disciplined 3, Name and signature of supervisor who administered discipline/ Date of Verbal warning or reprimand 3. Signature of employee/Date received 4. Names of Association Representative(s) present when discipline was administered SECTION 6. EMPLOYEE PROTECTION A. The District shall provide liability insurance covering injury to employees and their property, and insurance protecting employees from loss or damage of their personal property incurred while engaged in the maintenance of order and discipline. (RCW 28A.400.370) B. Any case of assault upon an employee shall be promptly reported to their immediate supervisor(s). The Board will render assistance to the employee in connection with handling of the incident by law enforcement authorities. C. Employees will remain on duty when requested for emergency situations, such as severe weather warnings, student disturbances, or acts of God that threaten the health or safety of students. D. In the event that school start is delayed, teachers shall reasonably report 30 minutes prior to start of the modified student day. SECTION 7. ASSIGNMENT AND TRANSFER - EMPLOYEES 1. General Provisions. Definition of terms 1. Assignment ? An assignment shall mean the placement, by an administrator, of an Employee to a position or subject area, within the bargaining unit. 2. Vacant position ? shall be defined as any unfilled position that may occur after staffing assignments have been made. 3. Transfer ? A transfer shall mean a change from an Employee’s current assignment to a different assignment. Changes in a person’s blended subject area assignments shall not be considered a different assignment. a. A voluntary transfer is one initiated by the employee. b. An involuntary transfer is administratively initiated. A. To assure that pupils are taught by employees working within their areas of competency, employees shall not be assigned, except in accordance with the regulations of the State Board of Education, to subjects, grades and/or other classes outside of their teaching certificates and/or major or minor fields of study or qualification in specialty areas. B. Employees shall be notified by the last day of school of any changes in their programs and schedules for the ensuing school year, assignments and co-curricular assignments. In the event a change in assignment is required due to an emergency the employee shall be consulted prior to any transfer being made. An emergency is defined as a problem that has been suddenly precipitated or is CEREA/CERSD CBA 2012 - 2015 – p. 9 unplanned; and where preplanning could not have taken place in order to give notification prior to the last day of school. C. Vacancies will be filled on the basis of posted qualifications which meet the needs of the district. However, if the qualifications of two (2) or more candidates for a given position are equal and at least one (1) candidate is a current employee, the most senior employee will be given the position. D. Seniority for the purpose of this provision will mean full accumulative in-District experience, less any break in service, beginning with the initial hire as reflected on each employee's letter of intent or initial contract, whichever is earlier. 2. Voluntary Transfer. To assure that employees are given consideration in filling any vacancies which occur at any time within the District, the following procedures shall be used: A. All vacancies, new positions summer school and PERC co-curricular activities shall be publicized to the employees and Association through e-mail during the school year. Employees who notify the district that they are interested in openings will receive notices via e-mail or regular mail, per their request, during the summer months. Employees in the district shall apply within five (5) days of notice of vacancy. B. Said notice of vacancy or new position shall clearly set forth the qualifications for the position and the procedures for applying. Notices shall be posted simultaneously for outside applicants. C. All vacancies shall be filled on the basis of meeting the qualifications for the position. D. The District shall give first consideration through the interview process to fill vacancies with their employees before out-of-District interviewing and hiring can occur. E. Principals and/or supervisory personnel are required to include one (1) or more staff members if available in the screening and interview process for certificated staff selection. Team members should have experience and/or expertise related to the vacant position. It is recognized that a hiring decision is reserved to be that of the Board. F. In the event an employee who has submitted a written request for transfer to a position is not selected for the position, the employee will be notified in writing giving an explanation of why he/she did not receive the sought-for position. 3. Involuntary Transfer. A. Prior to any involuntary transfer the District will attempt to find employees willing to transfer. If no such employee(s) is found, then the Superintendent/designee shall notify the affected employee(s) and the Association, in writing, of the reasons for any involuntary transfer. An employee involuntarily transferred shall be given the opportunity to discuss the involuntary transfer with the Superintendent. B. Involuntary transfers shall be on the basis of the defined qualifications determined by the needs of the district and by reverse seniority of qualified employees, except when the more senior employee would otherwise have a reduction in contract; or when the transfer of the least senior employee would result in the loss of program. C. Employees who are involuntarily transferred will be given first choice for a vacancy equivalent to the position they were transferred from, for which they are qualified if any becomes available in subsequent years. CEREA/CERSD CBA 2012 - 2015 – p. 10 D. At least ten (10) days written notice will be given to the employee who is to be transferred involuntarily, except in emergency cases. E. When an employee is transferred from one school (elementary, middle, high, swiftwater) to another, one (1) day of paid released time shall be given the transferred employee in order to complete the move and become oriented to the new school. In all cases of transfer, the employee, principal and superintendent shall determine what additional time, training, and/or materials that may be needed to compensate the employee. This time, training and expenses shall be provided to the employee. CEREA/CERSD CBA 2012 - 2015 – p. 11 ARTICLE IV - EVALUATION - PROBATION SECTION 1. GENERAL A. Definitions: Employee shall mean certificated classroom teacher and certificated support personnel excluding supervisory personnel. Provisional employee. Any employee who has less than two (2) years employment in the state of Washington is a provisional employee for two (2) years. Any employee new to the District with two (2) or more years of employment in the state of Washington is a provisional employee for one (1) year. B. Evaluation is an important process in the continuing improvement of the educational program. The intent is to foster growth, promote success, and to help provide a positive atmosphere for change. Employees shall be evaluated during each year in accordance with the procedures and criteria hereinafter set forth. SECTION 2. PURPOSES OF EVALUATION (WAC 392-191-025) revised 02 The purpose of evaluations of certificated classroom teachers and certificated support personnel shall be, at a minimum: A. To identify in consultation with classroom teachers and certificated support personnel particular areas in which their professional performance is satisfactory or outstanding, and particular areas in which the classroom teacher or support person needs to improve his or her performance. B. To assist classroom teachers and certificated support personnel, who have identified areas needing improvement, in making those improvements. C. To identify classroom teachers or certificated support personnel whose professional performance is unsatisfactory and for whom remediation is needed. SECTION 3. USE OF EVALUATION RESULTS (WAC 392-191-045) Evaluation results shall be private and confidential and shall be used: A. To acknowledge, recognize, and encourage excellence in professional performance. B. To document the satisfactory performance by an employee of his/her assigned duties. C. To identify discrete, specifically itemized, areas according to the criteria included on the evaluation instrument in which the employee may need improvement. D. To document performance by an employee judged unsatisfactory based on the District evaluation criteria. CEREA/CERSD CBA 2012 - 2015 – p. 12 SECTION 4. RESPONSIBILITY FOR EVALUATION Within each school the principal or his or her designee, who shall be referred to as ?evaluator? herein, shall be responsible for the evaluation of employees assigned to that school. No administrator, principal, or other supervisory personnel may evaluate a teacher without having received training in evaluation procedures. (RCW 28A.405.130) Evaluations shall be made by the evaluator. Evaluations for employees not regularly assigned to any one specific school shall be made by the administrative supervisor having the most direct contact and responsibility under the District organizational structure, and with input from the other supervisors. The evaluator may request, but not require, other employees to assist in the observation process. For the purpose of annual evaluation, no member of the bargaining unit may evaluate another member of the bargaining unit. SECTION 5. OBSERVATION AND EVALUATION TIMELINES A. Each employee shall be observed at least twice during the year of his/her employment according to the following guidelines: 1. New employees to the District shall be observed at least once for a total observation time of thirty (30) minutes during the first ninety (90) calendar days of their employment period (generally, by December 1). 2. All employees with more than one (1) year of service in the District shall be observed at least once for a total observation time of thirty (30) minutes prior to February 1. 3. All employees shall have at least two (2) observations prior to May 1. B. Each employee shall be evaluated during each year of his/her employment according to the following guidelines: 1. All employees newly hired by the District shall be provided with a written observation within the first ninety (90) calendar days of their employment period, with a copy being forwarded to the Superintendent. 2. If an evaluator contemplates recommending an employee be placed on probation, an evaluation shall be made and forwarded to the employee and the Superintendent on or before February 1. 3. All employees, including new employees and probationary employees, shall have their annual evaluation completed and a copy forwarded to the employee and the Superintendent not later than May 15. SECTION 6. OBSERVATION PROCEDURES A. Each employee shall be observed for the purposes of evaluation at least twice during each school year in the performance of their assigned duties. At least one (1) observation shall be a minimum of thirty (30) minutes. The total observation time shall be no less than sixty (60) minutes. The employee shall be notified the day and time that an observation will take place at least three (3) days prior to the observation for at least one (1) of those observations. CEREA/CERSD CBA 2012 - 2015 – p. 13 B. Formal observations for the purpose of evaluation in excess of three (3) per year shall be made only for: 1. First year employees in the District. 2. Employees who have one (1) or more areas identified as “needs improvement” or “unsatisfactory”. 3. Employees on probation. C. Evaluators may perform observations at any time during the school year, except on the day before and the day after winter and spring breaks. D. Following each formal observation the evaluator shall promptly document the results of the observation in writing using the appropriate observation report form (see Appendices C-1a through C-4b). 1. The employee shall be provided with a copy of an observation report within five (5) days after the observation. The evaluator shall provide the employee with written notification of any areas that are unsatisfactory or need improvement within five (5) days after the observation. 2. If the employee feels that the Observation Report is not accurate, the employee has the right to meet with the supervisor within five (5) days of receipt of the Observation Report to discuss the situation and/or to respond in writing. The written response shall be attached to the original in the supervisor’s working file. 3. The employee identified as “needing improvement” or “unsatisfactory” shall request the assistance of the supervisor and/or peers in developing an improvement plan as outlined in Section 9A. 4. The employee shall have a minimum of five (5) days to work to improve those areas before being observed again and before the final evaluation is prepared. SECTION 7. EVALUATION CRITERIA (WAC 392-191-010) A. All certificated classroom teachers shall be evaluated using an evaluation form incorporating the following basic criteria: 1. 2. 3. 4. 5. 6. 7. 8. Instructional skill. Classroom management. Professional preparation and scholarship. Effort toward improvement when needed. Handling of student discipline and attendant problems. Interest in teaching pupils. Knowledge of subject matter. Outside classroom duties and functions. B. All certificated support personnel shall be evaluated using an evaluation form incorporating the following basic criteria: CEREA/CERSD CBA 2012 - 2015 – p. 14 1. 2. 3. 4. 5. Knowledge and scholarship in special field. Specialized skills. Management of special and technical environment. The support person as a professional. Involvement in assisting pupils, parents, and educational personnel. C. All evaluations shall be documented on the Evaluation Report Form appropriate to the employee annexed hereto as an appendix (see Appendices C-1a, C-1b, C-1c, C-2a, C-2b, and C-2c). In completing the Evaluation Report Form, the evaluator shall utilize the above criteria as set forth. D. Special conditions may be brought to the attention of the evaluator by the employee to be noted on or attached to the form. For example: 1. 2. 3. 4. Temperature of room, Overcrowded classroom, Involuntary transfer, or RIF. SECTION 8. EVALUATION PROCEDURES A. Each employee shall be evaluated with the appropriate Evaluation Report Form. After an employee has four (4) years of satisfactory evaluations, the District may use a short form of evaluation. Evaluation forms are annexed in the Appendix. However, the Regular Evaluation Form shall be used at least once every three (3) years for each employee. The short form evaluation process may not be used as a basis for determining that an employee’s work is unsatisfactory, nor as probable cause for non-renewal of the employee’s contract. B. The employee must receive written notification of any problem(s) within five (5) days or it may not be used as a basis for the annual evaluation. C. After completion of each required evaluation report, a conference shall be held between the evaluator and the employee to discuss the report. The employee shall sign the District copy of each evaluation report to indicate receipt of a copy. The signature of the employee does not indicate agreement with the report. The employee shall have the opportunity to attach written comments to his/her evaluation report. D. Only required and final evaluation reports shall be promptly forwarded to the District office for filing in the employee’s personnel file. E. All matters in the evaluator’s working file must be destroyed by August 31 unless a grievance or other legal action has been filed. The material in question will remain until the grievance or other legal action has been settled, at which time the material shall be destroyed. SECTION 9. REMEDIATION AND PRE-PROBATION A. In the event that any evaluation report indicates that the employee has performance deficiencies in one (1) or more areas defined in the evaluation criteria, the evaluator and the employee shall develop a written plan designed to improve the employee’s effectiveness in CEREA/CERSD CBA 2012 - 2015 – p. 15 the deficiency area(s). In connection with the development of such plan, consideration shall be given to utilizing the services of available resource personnel to work with the employee in improving his/her performance. If the evaluator and the employee are not able to mutually agree on an acceptable plan, the evaluator shall develop a plan that is designed to assist the employee in improving those areas documented as “unsatisfactory” or “needing improvement”. B. In the event the evaluator determines that based on the evaluation report, the performance of an employee is unsatisfactory, the evaluator shall report the same to the Superintendent on, or before February 1. The report shall include: 1. The evaluation reports, 2. Identification of specific areas of deficiency, 3. A specific and reasonable program designed to assist the employee in improving his/her deficiencies, including specific objectives to be attained, and 4. The personnel and resources that will be provided to assist the employee. SECTION 10. PROBATION A. If an evaluator contemplates recommending an employee be placed on probation, an evaluation shall be made and forwarded to the employee and the Superintendent on or before January 15th. B. If the Superintendent concurs with the evaluator’s judgment that the performance of the employee is unsatisfactory, the Superintendent shall: 1. Place the employee in a probationary status beginning on or before January 15th and ending on or before May 1. 2. The Superintendent shall give the employee written notice of probation: a. Delivered in person, or b. Delivered by certified mail. 3. The notice shall contain the following information: a. A statement indicating the duration of the probationary period, which must be completed by May 1, b. The purpose of the probationary period which is to give the employee the opportunity to demonstrate improvement in his/her area(s) of deficiency, c. Specific areas of performance deficiencies, d. A specific and reasonable program for improvement including specific objectives to be attained, e. The personnel and resources that will be provided to help the employee to improve his/her deficiencies. f. Other pertinent information. 4. The Superintendent shall notify each employee in writing no later than May 15 if his/her contract is to be non-renewed. CEREA/CERSD CBA 2012 - 2015 – p. 16 C. During the probationary period, the evaluator shall: 1. Hold a personal conference with the probationary employee within five (5) days after the delivery of the Superintendent’s probationary letter to discuss performance deficiencies and the remedial measures to be taken. 2. Observe and meet with the probationary employee at last twice monthly to supervise and make a written report of the progress made by the employee in the specific areas of deficiencies. 3. Recommend to the Superintendent that the employee be removed from probation at any time, if there has been demonstrated improvement to the satisfaction of the evaluator in those areas specifically set forth in the notice of probation. 4. The evaluator shall submit a written report including an evaluation using the Evaluation Report Form to the Superintendent prior to the end of the probationary period, but not later than May 1. The written report shall indicate the employee’s performance during the probationary period and contained a recommended course of action to be taken by the Superintendent. If the employee has demonstrated an acceptable level of performance, the report shall include a recommendation for removal from probation and for continuation of employment. If the employee has demonstrated an unacceptable level of performance, the report shall include a recommendation for dismissal from employment. SECTION 11. ACTION BY THE EMPLOYEE A. In the event the employee is non-renewed as per RCW 28A.405.210 the employee may request a hearing pursuant to RCW 28A.405.310 which shall be granted to determine whether there is sufficient cause(s) for nonrenewal of contract. The request must be made to the chair of the Board or Superintendent in writing within ten (10) days of receipt of nonrenewal letter. B. This Section above does not apply to provisional employees, leave replacement employees, or long-term substitutes. SECTION 12. EVALUATION-PROFESSIONAL GROWTH PLAN (PGP) (WAC 392-192) A. Definition Professional Growth Plan shall mean a voluntary plan by an employee designed to improve that employee’s professional performance. B. Purpose of Professional Growth Plan (PGP) The purpose of the PGP is to assist employees in self-guided professional development toward self- selected goals in order to encourage enhancements and improvements in teaching skills, techniques and abilities. Professional growth is the desired outcome of the PGP. Collaborative interaction among employees is to provide opportunities for and encourage sharing of professional experiences and expertise. PGPs are intended to provide CEREA/CERSD CBA 2012 - 2015 – p. 17 employees with support for risk-taking inherent in trying new ideas. The primary requirement for District administrators shall be to provide maximum, reasonable, and nonthreatening support for employees engaged in the development or implementation of PGPs. Administrators shall attempt to set a supportive atmosphere that will provide helpful feedback, engender trust, encourage exploration, promote teamwork and collaboration among the staff, and reward growth. C. Identifying Professional Growth (PGP) Participants 1. The PGP is voluntary to all employees who have completed four (4) consecutive years of satisfactory evaluation in the District and who are eligible for the Short Form Evaluation for the upcoming school year. 2. The number of employees entering a PGP in any school year should not exceed onethird (1/3) of the staff in any building (elementary, middle school, high school) except at the discretion of the building supervisor. There is no minimum number of PGP participants. D. Professional Growth Plan Each employee shall be encouraged to develop on his/her own PGP according to the following guidelines: 1. Interested employees shall be encouraged to develop a PGP in the spring prior to the school year in which they will participate, but no later than October 1. 2. Such plan shall be developed maintained and executed by the employee, but with administrative assistance as requested by the employee utilizing the Professional Growth Plan Form (Appendix C-4a). 3. If an employee changes assignment within the School District, the Regular Evaluation Process is to be followed for the year. 4. If the employee or supervisor observes that the PGP program is not meeting the parameters or guidelines established by the Plan, the employee shall have the option to modify or terminate all or part of the program. 5. Assessment of the plan shall be done by the employee and/or others at the request of the employee. (See Appendix C-4b.) No record of this assessment shall be included in the employee’s personnel file. 6. No component of the PGP may be used to adversely affect the employee’s evaluation. E. Professional Growth Plan Records 1. The PGP, materials, records and/or portfolios developed as a result of an employee’s participation in a PGP, shall be the sole property of the employee and shall not be retained in the employee’s personnel file or used by the District in its formal evaluation. 2. Whether the employee elects to share the processes and/or results of his/her PGP with anyone other than his/her supervisor, is the sole option of the employee, unless a funding application included a provision for publication to colleagues or the District. CEREA/CERSD CBA 2012 - 2015 – p. 18 F. Program Funding 1. In the event an employee, or group of employees, wish to seek District funding for a PGP, funding shall be predicated on: a. Approval of the Plan by the supervisor and/or Superintendent b. Availability of funds through building or District staff development budgets. CEREA/CERSD CBA 2012 - 2015 – p. 19 ARTICLE V - LAYOFF AND RECALL SECTION 1. DEVELOPMENT OF SENIORITY AND QUALIFICATION(S) LIST A. On or before March 1 of the current year (effective beginning 1994-95), the District will establish and distribute a Seniority and Qualification(s) list. The Seniority and Qualification(s) list shall indicate the employees? seniority, certification, endorsement(s), categories, and/or specialties. B. Corrections by employees shall be made by March 21 of the current year. C. A corrected seniority list will be provided to the Association and to each employee by April 15, or prior to the implementation if a reduction in force is required during a school year. D. Prior to May 15 of the year immediately preceding the school year in which the modified educational programs will take effect, the names of employees to be non-renewed or terminated shall be identified as outlined above. SECTION 2. INITIATION OF LAYOFF Prior to April 15, the Board shall determine whether enrollment decline or lack of financial resources of the District will be adequate to permit the District to maintain its educational programs and services substantially at the same level for the following school year. In the event of a levy failure the April 15 date may be extended to no later than May 15 to allow the District to rerun the levy. If it is determined that such financial resources are not reasonably assured for the following school year, the Board shall adopt a modified educational program and identify those employee positions, if any, which will not be continued. All such non-renewals of contract shall be in accordance with RCW 28A.405.210. SECTION 3. PROGRAMS AND SERVICES A. If educational programs and services of the District are to be modified because of enrollment decline or lack of financial resources, the following guidelines shall be taken into consideration in determining the programs and services to be retained, modified or eliminated. 1. High priority will be given to maintaining reasonable pupil-classroom teacher ratios. 2. Where revenues are categorical and depend on actual expenditures rather than budgeted amounts, every effort will be made to maintain these programs, where reasonable, to the limit of their categorical support. (e.g., Vocational Education, federally supported programs, etc.) 3. High school course offerings which are required for graduation will be retained. B. In its efforts to retain as much of the basic education program as the District's financial resources will permit, the Board shall make reductions in expenditures, where reasonable and not categorically funded, in capital outlay, co-curricular activities, supplies and materials, contractual services and travel. CEREA/CERSD CBA 2012 - 2015 – p. 20 SECTION 4. EMPLOYEE RETENTION PROCEDURES A. In the event there is modification of programs and services because of enrollment decline or for financial reasons, the number of employees which are required to implement the modified educational programs and services shall be determined as provided in this Article. B. In an effort to eliminate the necessity of non-renewals or adverse effect, every reasonable effort shall be made to ascertain the number of employee positions which will be open for the following school year by reason of normal attrition as outlined below. Such vacancies shall not be replaced except as indicated in C. below: 1. Employee retirements. 2. Normal employee resignations. 3. Vacant positions will be filled by transferring employees unless by reason of endorsement, certification, training, or experience, no qualified employee is available as outlined below. C. The employees retained to implement the educational program determined by the Board shall possess such valid Washington State certificate(s) and endorsement(s) as may be required for the position(s) being filled. D. Employees will be retained for available positions within each category or specialty on the basis of affirmative action guidelines and seniority (years of experience) as a certificated employee in education in Washington State as recorded in the District office. Employees will only be considered for additional categories and specialties under this Section if they do not qualify for retention in the category or specialty held at the time of the implementation of these procedures. Within each category or specialty the senior employee shall be retained. The categories and specialties are established to allow for the least disruption of the ongoing program and to provide for the least deviation from the present assignment of personnel. Employees will be grouped District-wide in separate categories and specialties as follows: 1. Elementary - Grades preschool through 6 2. Secondary - Grades 7 through 12 3. Specialties are defined as normally accepted academic major and/or minor areas and/or endorsed areas. 4. Employees with multiple certification and/or endorsements may be placed on each category for which they are qualified. E. Each employee will be retained in any category or specialty held at the time of the implementation of these procedures in accordance with the criteria set forth in C. and D. above. In addition, employees will be qualified for retention in any additional categories or specialties as the employee may designate in writing within five (5) days to the Superintendent, provided that: 1. Must have had a minimum of one (1) year's full time professional experience in each such category or specialty and/or certification or endorsement. CEREA/CERSD CBA 2012 - 2015 – p. 21 2. The employee must have the equivalent of a college major (45 quarter hours or 30 semester hours) or minor (15 quarter hours or 10 semester hours) or specialty and/or certification or endorsement(s). 3. The employee submits a signed statement of intent to meet these requirements prior to the opening of school. Should the employee fail to meet these requirements prior to the opening of school, the employee shall not qualify. F. If ties exist, the preferences will be given to the employee(s) who: 1. Has the earliest date of initial and continued signing of the District contract. 2. Is the furthest to the right in horizontal placement on the salary schedule as credited by the District office. 3. If ties still exist, the preferences will be given to the employee(s) by placing numbered pieces of paper in a hat and each employee(s) within the tie situation drawing a piece of paper with a number on it. The employee(s) with the lowest number(s) will be retained. SECTION 5. EMPLOYMENT POOL A. All employees who cannot be retained in accordance with these administrative procedures shall be non-renewed and placed in an employment pool for possible re-employment. Employment pool employees will be given the first opportunity to fill open positions within the categories or specialties for which they are qualified. If more than one (1) such employee is qualified for an open position based on criteria authorized in this Article, the employee with the most seniority shall be the first offered such position. 1. When a vacancy occurs for which any employee in the employment pool qualifies, notification from the District to such employee will be by certified or registered mail, or personal contact by the Superintendent or designee. Such employee will have ten (10) days from receipt of the letter or from the date of personal contact to accept the position. 2. Employees who were previously assigned to full-time positions shall be returned to full-time positions. Employees shall have the option of accepting any part-time positions available without jeopardizing his/her recall status for subsequent full-time positions. A former full-time employee accepting a part-time position will still be considered to be in the employment pool for future full-time positions. If an employee in the employment pool fails to accept a full-time position for which he/she is eligible, pursuant to this Article, such employee shall be dropped from the employment pool. 3. At the end of the school year in which any modified educational program is to be implemented, employees remaining in the employment pool shall be offered contracts for available employee positions for which they are qualified as authorized in this CEREA/CERSD CBA 2012 - 2015 – p. 22 Article. In the event that there are insufficient vacant positions to offer contracts to all employment pool employees, the employment pool shall remain in force. 4. It shall be the employee's responsibility to notify the District in writing of any change of address and also to notify the District in writing prior to October 1 of each year if he/she wishes to remain in the employment pool. Failure to do so shall be interpreted by the District as a desire to be dropped from the pool. 5. Any employee in the employment pool who accepts or signs a full-time contract with an educational institution will disqualify himself/herself from the employment pool. SECTION 6. RECALL BENEFITS A. The District will utilize employment pool employees as substitutes on a first priority basis. B. Employees within the employment pool may pay their total medical insurance premium to the District, and in turn, the District will forward the money to the appropriate medical payment center so that the affected employees and/or their dependents will be included within the group medical insurance. SECTION 7. ACTION BY THE EMPLOYEE A. Within ten (10) days of notification of layoff, an employee may request a hearing made in writing and filed with the Superintendent. Per RCW 28A.405.310 the employee has two (2) choices: 1. To request a hearing to begin immediately, or 2. To stipulate that the hearing occur within ten (10) days following July 15. B. If such notification or opportunity for hearing is not timely given, the employee shall be conclusively presumed to have been employed by the District for the next school year. C. This Section does not apply to provisional employees, leave replacement employees, or substitute employees. CEREA/CERSD CBA 2012 - 2015 – p. 23 ARTICLE VI - INSTRUCTION SECTION 1. PREPARATION PERIODS A. All employees shall have fifty (50) continuous minutes of plan/preparation time each day. Employees who are required to give up their preparation time shall be compensated for their loss at $18 per plan/preparation period or $9 for less than twenty-five (25) minutes. B. Faculty Meetings 1. Faculty meetings shall be limited to two (2) per month. The first meeting shall not last more than thirty (30) minutes beyond the contracted day and the second meeting shall not last more than fifteen (15) minutes beyond the contracted day. Such Faculty meetings shall not qualify for additional pay. 2. Faculty meetings will be on the 2nd and 4th Mondays of each month. 3. Additional faculty meetings may be called for emergency school business by the Superintendent or Principals. 4. If the Superintendent or principals call meetings that are not for emergency situations and they occur during planning time, duty free time, before or after the work day, all employees required to attend will be compensated at curriculum rate. 5. The 30 minute availability time as stipulated by (WAC/RCW) will not be used for faculty meetings other than the two meetings per month or in emergency situations as previously stated. C. Employees may leave at the end of the student day, once a month, to attend a scheduled Association meeting. SECTION 2. WORK LOAD A. The District will, through all means available, attempt to maintain class loads in grades K-2 at twenty-five (25) or less and in grades 3-12 at thirty (30) or less. In the event that more than the above numbers of students are assigned to a classroom, the teacher, Association representative, principal, and Superintendent will meet, work out, and implement a solution. Core subjects will be given priority for solutions that require a monetary value. Examples of solutions include but are not limited to: For each student over the limit, thirty (30) minutes each day of aide time will be provided. Teacher will be given additional resources, such as new textbooks, program materials, CBI software, and/or computers, to assist with the increased load. The teacher will be allowed flex time such as not being required to do bus and lunch duty. The teacher will receive the assistance of a TA The teacher will receive monetary compensation for the extra class load. B. Teachers are encouraged to discuss special class load situations with their principal. Efforts shall be made to equalize class loads and class mix. The parties shall work together in a cooperative manner to relieve these situations. Employees with class sizes under these numbers but with students exhibiting frequent disruptive or off-task behavior, unusual academic deficiency, or withdrawn behavior shall be CEREA/CERSD CBA 2012 - 2015 – p. 24 provided with aide time if prescribed through an Individual Educational Plan (IEP), as developed by the Multi-Disciplinary Team (MDT). C. Inclusive classes shall not also be a combination/split class. SECTION 3. STUDENT DISCIPLINE A. The District will develop and adopt a student discipline policy in accordance with state law and State Board of Education guidelines and each employee shall carry out this policy. Each employee shall be provided with a copy of this Board policy. B. The District will support and uphold its employees in the maintenance of good order and discipline provided all the employee's actions are in accordance with the above mentioned policy. The Superintendent or designee shall give immediate response to all employees' requests regarding discipline problems. C. At the request of an employee, parent, or an administrator an employee-parent conference shall be convened. D. An employee shall have the authority to exclude a student from his/her classroom for all or any part of the period or until the employee has conferred with the principal, whichever occurs first. Prior to excluding a student, except in emergency situations, the employee shall have attempted one or more corrective actions. In no case shall an excluded student be returned for the balance of a period and/or day without conferring with the employee. E. In accordance with Washington State law, the district shall ensure that students expelled from other school districts for possession of weapons and or drugs will not be admitted to this district during the same academic year. F. Provide that an administrator shall be available during the student day to handle discipline problems. SECTION 4. CONTROVERSIAL TOPICS/ACADEMIC FREEDOM A. The District believes that controversial issues are a part of the District's instructional program when related to subject matter in a given grade level or specific curricular field. Employees shall be free to present instructional materials, to interpret facts and ideas concerning human society, the physical and biological world and other branches of learning subject to employees using professional judgment to determine the appropriateness of the issue to the curriculum and the maturity of students. In the use of instructional materials, employees shall follow the instructional materials policy of the District. A copy of this policy will be made available to all employees. Clearly questionable matters concerning the appropriateness of the issue to the curriculum and the maturity of the students shall be referred to the principal for consultation and action. All employees shall enjoy the right to pursue academic study and investigation free from interference and restraint. B. In the presentation and discussion of all controversial issues, the employee shall make every effort to effect an objective balance of biases, divergent points of view, and afford an opportunity for exploration by the students into all sides of the issues. In discussing CEREA/CERSD CBA 2012 - 2015 – p. 25 controversial issues, students shall be encouraged to express their own views, to respect one another's rights and opinions, and to reach their own conclusions. SECTION 5. EMPLOYEE FACILITIES The District will maintain the following facilities and equipment for the use of employees in each classroom and/or building. A. Space to store instructional materials and supplies. B. A work area to aid in the preparation of instructional materials. C. A desk, chair and a filing cabinet for each classroom. D. At buildings where the District maintains parking facilities, space will be reserved for employee parking. E. An employee lounge/dining area. F. Employee restroom separate from student restrooms. G. Employees will be provided, upon request, an opportunity to place and receive private phone calls. SECTION 6. CURRICULUM DEVELOPMENT A. The District will develop a pool of funds to be utilized for curriculum development. B. The District will provide a pool of funds to be utilized for District-wide curriculum development. All such curriculum development work shall be District directed and approved in advance. C. The rate of pay for employees engaged in District approved curriculum development work will be $18 per hour with hours approved in advance by the District. SECTION 7. GRADING Grades shall be issued based on predetermined standards established by the employee utilizing District policy and statutory guidelines. Applications of grades shall be applied fairly and consistently. In the event grade adjustments are deemed necessary, such adjustments shall be made only by mutual consent of the employee and an administrator. CEREA/CERSD CBA 2012 - 2015 – p. 26 ARTICLE VII - LEAVES SECTION 1. EMPLOYEE ON LEAVE The following shall apply to all employees on leave: A. Employees on unpaid leaves shall have the right to purchase District insurance provided the carrier approves and the employee pays the premium(s). B. Employees on leaves shall be returned to the same or similar position as that held when the employee went on leave. C. Upon returning from leave, employees shall be placed no lower on the salary schedule than where they were placed before they went on their leave. SECTION 2. SICK LEAVE A. A total of twelve (12) days per year, with pay, shall be granted each full-time employee as illness and injury leave. Sick leave accumulation shall be governed by the existing state laws. 1. Currently one hundred eighty (180) days maximum may be accrued. 2. Each year the District Office will furnish to any employee an accounting of their sick leave upon request. The pay stub will indicate as accurately as possible the amount of sick leave currently available. 3. The twelve (12) new days shall be used first as accrued during the current year. Any unused days accrued during the year may be submitted for sick leave buy back. No more than one hundred eighty (180) days may be brought forward to the next contract year. B. In the case of employees who have completed one (1) or more years with the District and whose sick leave is exhausted, and no sick leave pool days are available, the District shall grant up to twelve (12) weeks of unpaid leave to care for newborn or adopted children, close relatives who might be ill, or for the employee’s own illness. The District shall continue to pay heath care benefits for the employee while on this unpaid leave. C. If further sick leave is needed, the Board may grant additional leave without pay for the balance of the year. D. Part-time employees under contract with the District shall be granted sick leave in the same proportion as their part-time contract bears to a full-time contract. Employees contracting with the District after the beginning of the fiscal year shall be granted sick leave on a pro-rata basis. E. The District may request verification of sick leave in when an employee uses sick leave in excess of five (5) continuous days. If requested by the District, verification must be by a physician’s certificate or other suitable proof. If such verification results in extra expense to CEREA/CERSD CBA 2012 - 2015 – p. 27 the employee, the cost shall be borne by the District. The District may also request verification for any absence when there appears to be a pattern of abuse of sick leave. F. An employee who knows in advance that he/she will be absent for medical purposes should notify his/her immediate supervisor and/or the Superintendent as soon as possible to insure proper planning for substitutes or replacement while on leave. SECTION 3. SICK LEAVE CASH-OUT (RCW 28A.400.210) A. Annually each employee may cash out the unused sick leave days he/she has accumulated that year (Jan 1 - Dec 31) provided such employee has accumulated a minimum of sixty (60) days of such leave. The cash out shall be on a one (1) day's pay for four (4) day's sick leave, and shall not allow the employee to decrease his/her accumulation to less than sixty (60) days. The employee may cash out up to twelve (12) days per year in January of each year. B. At the time of separation from the District due to retirement or death, the employee or his/her estate shall have all of his/her sick leave cashed out on the same one (1) for four (4) ratio not to exceed one hundred eighty (180) days of accumulated leave. C. Annually, or at retirement or death, all sick leave cash out may be converted to VEBA III Plan. SECTION 4. SICK LEAVE SHARING The District and Association agree that sick leave sharing is a worthwhile benefit to employees. Therefore, the parties agree as follows: A. Employees who have accumulated more than twenty two (22) leave days may donate sick leave days up to an amount that will not reduce their total days below 22 accumulated sick leave days to other employees in any twelve (12) month period. The employee donating the days shall specify the number of days to be donated. The District shall provide forms necessary to implement this. No transfer of sick leave shall result in an employee's account going below twenty two (22) days. B. The person receiving the donated days must have exhausted all accumulated leave before using the donated days, and must suffer from or have a relative or household member suffering from an illness, injury, impairment or physical or mental condition which is of an extraordinary or severe nature and which has caused, or is likely to cause, the employee to: 1. Go on unpaid leave of absence; or 2. Terminate employment. C. No employee shall receive more than one hundred eighty (180) days of donated leave. D. When leave is donated the donor will be required to execute a waiver whereby the donor agrees that he/she will not ask that the donated leave be returned. However, in the event the employee receiving donated leave does not use it all, the unused portion shall be returned to donors on a pro- rata basis within thirty (30) days after the donee's use of accumulated leave ceases. CEREA/CERSD CBA 2012 - 2015 – p. 28 E. An employee using donated leave days shall receive the same benefits and pay as if they had been working. F. The District and Association shall each designate one (1) person who shall serve jointly for the purpose of reviewing requests for such leave. Requests for leave sharing must conform to the above criteria. G. Contributions of sick leave shall be on a voluntary basis and the names of donors and nondonors shall be kept confidential. SECTION 5. MATERNITY/PATERNITY LEAVE A. Maternity leave shall be allowed pregnant employees for disability related to pregnancy and childbirth. An employee requesting maternity leave shall give written notice to the District prior to the commencement of said leave. The written request for maternity leave shall include a statement as to the expected date of return to employment and within thirty (30) days after childbirth, the employee shall inform the District of the specific day when she will return to work. B. An employee shall be entitled to use sick leave in conjunction with a request for maternity leave for up to thirty (30) days, and additionally if the attending physician certifies that the continued absence from school is a result of disability due to pregnancy and/or childbirth. Absence not so verified by the attending physician shall be deemed a leave of absence without pay. An employee who has used all accumulated sick leave and continues to be disabled to the extent that she cannot fulfill her contract obligation may apply for and shall be granted other leave for the remainder of her contract year. C. An employee may request that the maternity leave be a leave of absence without pay during the period of time the employee will be absent from work for maternity purposes. D. A spouse shall be allowed to use five (5) days sick leave in the event of birth of his child. Such leave may be extended with the Superintendent's permission. SECTION 6. CHLDREARING LEAVE Childrearing leave may be granted to an employee up to one (1) school year for childcare. If a request for childrearing leave is granted, the District shall be obligated to rehire the employee at the commencement of the next school year. The employee on childrearing leave must make a request for reinstatement of employment in writing on or before May 1. The employee may not be employed elsewhere during childrearing leave unless approved by the Superintendent and Board. Childrearing leave shall be without pay. SECTION 7. EMERGENCY LEAVE A. A Up to five (5) days emergency leave shall be granted with pay and shall come from the employee's sick leave. B. Emergency leave may be taken by an employee due to a problem that has been suddenly precipitated or is unplanned; or where preplanning could not relieve the necessity for the CEREA/CERSD CBA 2012 - 2015 – p. 29 employee's absence. The intent of the emergency leave is to make it possible for employees to be absent for the reasons stated and not for personal pleasure or profit or to extend a holiday. SECTION 8. FAMILY ILLNESS LEAVE Family illness leave shall be granted with pay to the extent of accumulated sick leave for illness in the employee's immediately family. Immediate family shall be understood to include spouse (significant other), children or parents of employee or spouse or other dependent living in the home. The Superintendent, at his/her discretion, may request such verification of family illness as he/she deems advisable. Additional family illness leave may be, on a case-by-case basis, granted without pay. SECTION 9. BEREAVEMENT LEAVE Five (5) days bereavement leave per year shall be granted with pay for bereavement of a relative or friend. In the event of the death of a close personal friend, or relative, and upon explanation to the principal or Superintendent, bereavement leave shall be granted. Such leave may be extended with the permission of the Superintendent. Bereavement Leave is non-accumulative. SECTION 10. JURY DUTY/SUBPOENA LEAVE A. Leave of absence with pay shall be granted for jury duty. The employee shall promptly notify the District when notification to serve on jury duty has been received. B. Leaves of absence with pay shall be granted when an employee is subpoenaed; provided the employee notify the District of the anticipated number of days required for court appearances. The leave herein granted is limited to those days upon which the employee must be present in court for the purpose of giving testimony or participating in the trial. SECTION 11. MILITARY LEAVE (RCW 38.40.060) Every employee who is a member of the Washington National Guard or of the Army, Navy, Air Force, Coast Guard, or Marine Corps Reserves of the United States or of any organized reserve or armed forces of the United States shall be entitled to and shall be granted military leave of absence from the District for a period not exceeding fifteen (15) days during each calendar year. Such leave shall be granted in order that the employee may take part in active training duty in such manner and at such time as he/she may be ordered. Such military leave of absence shall be in addition to any vacation or sick leave to which the employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges or pay. During the period of military leave, the employee shall receive from the District his/her normal pay. SECTION 12. PROFESSIONAL LEAVE Leave for purposes relating to the professional growth of employees may be granted upon written application to the Superintendent or designee. Funding for such leave will be contingent upon available resources. SECTION 13. PERSONAL LEAVE CEREA/CERSD CBA 2012 - 2015 – p. 30 A. Employees shall have two (2) days personal leave per year granted with pay. Employees shall not be required to state reasons for such leave other than they are taking it under this section. The building principal may limit personal leave to no more than three (3) elementary teachers on any one (1) day, and no more than two (2) secondary teachers on any one (1) day. Employees will notify the building principal three (3) days in advance of such leave if at all possible. There shall be no personal leave on the first or last day of school, or the day before or after a holiday unless approved by the building principal and Superintendent. B. Two personal days shall be allowed to accumulate to the next year. The days shall NOT be taken as an extension of holidays. Two days may be used after April 1st. The maximum number of days that may accumulate for any given year is four (4). C. Personal days may be sold back to the district at the district daily substitute rate. SECTION 14. OTHER LEAVE A leave of absence up to one (1) year, without pay, may be granted by the Board to an employee upon the recommendation of the Superintendent CEREA/CERSD CBA 2012 - 2015 – p. 31 ARTICLE VIII - FISCAL SECTION 1. WORK DAY A. The workday for employees shall be seven and three-quarters (7-3/4) hours. The starting and dismissal times, which may vary from school to school, shall be determined by the District. B. It is understood that employees may need to schedule parent consultations outside the workday. C. All employees shall have duty-free lunch periods of not less than thirty (30) continuous minutes. D. During the week of Parent/Teacher conferences, or other significant activity that requires a change in the normal workday/week as agreed by the association and the district, the application of the 7.75 hour day shall be waived to allow the day to be flexible and extended beyond the normally contracted day. The total hours for the week shall not exceed 38.75 (7.75 x 5). During each week of Parent/Student/Teacher conferences, breaks between day and evening hours shall not exceed a total of one (1) hour. The schedule for the Parent/Teacher conferences shall be building/district driven. E. Employees needing to leave the buildings to which they are assigned during class or preparation periods must have the consent of the principal or designee. In the event of an emergency departure it is essential that class supervision be provided in advance. Employees needing to leave campus during lunch will notify the office when they leave and return. SECTION 2. WORK YEAR A. The employee year shall reflect the number of student days (currently 180) funded by the state plus state funded Learning improvement Days (LID), plus five and one half (5.5) per diem days as cited in Article VIII Section 3A. B. LID shall be consistent with district and school plans for improving student learning; be determined and planned collaboratively by teachers, other instructional staff, and administrators at the building level; and shall comply with the OSPI funding guidelines for use. C. In the event the state does not fund the Learning Improvement Days, the contract work year and per diem will revert back to one-hundred-eighty (180) days plus per diem days as cited in Article VIII, Section 3A. D. CEREA shall be allowed input and shall submit a proposed calendar for consideration. The District shall have final approval of the official calendar. E. For each year of the Agreement the calendar will be posted in Appendix G. SECTION 3. PER DIEM DAYS A. Per Diem Days CEREA/CERSD CBA 2012 - 2015 – p. 32 1. Five and a half (5.5) per diem days shall be paid at the employee’s full per diem. B. Mandatory Days 1. Two and a Half (2.5) per diem days shall be mandatory and shall be paid on a supplemental contract. a. Two (2) of the mandatory days will be scheduled at the end of each Semester. One quarter (.25) of each day will be for district/building directed professional development and will occur in the morning. Three quarters (.7 5) of each day will be a workday for grading/report card preparation, parent conferencing, and curriculum/instructional planning. Work accomplished will be available for review by the building principal. b. One half (.5) day will be a non-calendared building led day to be used as additional time to be used throughout the year. C. Non-Mandatory days 1. Three (3) per diem days shall not be mandatory but determined by the employee for additional work time beyond the regular work day/year such as implementation of District and building goals, Essential Learnings implementation, self-study accreditation, curriculum development, additional parent/teacher conferencing, and continuing education, etc. a. Two and a half (2.5) of the Non-Mandatory days shall be at the employee’s discretion so long as it fulfills the above stated goals. b. The final half (.5) of the Non-Mandatory days will comply with building level goals/priorities as determined and planned collaboratively by teachers, other instructional staff, and administrators at the building level. SECTION 4. SALARY SCHEDULE CALCULATIONS revised 02 A. The District shall use the most recent State Salary Allocation Model (SAM) and the rules governing placement on the SAM in determining the salary placement of employees. (See Appendix A) B. The salary schedule for employees shall reflect the number of student days funded by the state plus the state funded LID days. (i.e. The 2002-2003 Salary Schedule reflects one hundred eighty (180) students days plus two (2) LID days, or one hundred eighty-two (182) days.) C. Per Diem shall be computed on the employee’s SAM placement divided by the total of state- funded days plus the state funded LID days.. D. All required days beyond these days shall be compensated at the Per Diem Rate. E. Experience and educational increments earned are to be paid no later than the second pay day after the District receives notification of credits earned, provided such notification is given prior to October 15. Such payment shall be retroactive to September 1. F. When a substitute employee works more than twenty (20) continuous days in the same position, he/she will be paid at per diem (see appendix A) from the first day of employment in that position. This rate will continue while in that assignment. SECTION 5. PAYMENT Employees shall be paid in twelve (12) monthly installments. Payments are to be made on the last business day of the month CEREA/CERSD CBA 2012 - 2015 – p. 33 SECTION 6. PROVISIONS GOVERNING EMPLOYEES' SALARY SCHEDULE A. All employees on a contract for full-time service, part-time service or extended service shall be paid in accordance with their place on the salary schedule (see Appendix A-1). All employees shall retain all educational and experience credits previously granted by the District. B. All certificates and credentials, or suitable proof of qualification, shall be presented prior to commencement of the school year. C. Initial Placement 1. To qualify for initial placement on the salary schedule, all employees must file official transcripts of college credits in the District office before contracts can be validated. Upon request, employees shall be advised of their placement on the salary schedule. 2. Placement in the appropriate column for educational credits shall be determined by the number of quarter hour credits acquired after attainment of a bachelors degree or standard certificate or related job experience in vocational education, if the college recognizes such job experience as credit toward a vocational education certificate or a standard certificate. 3. Placement at the appropriate step for experience will be based upon full credit for all previous certificated experience as established by the credentials filed by the employee with the District office. No experience credit will be granted or allowed for experience of less than ninety (90) days in any one district in any one (1) school year. For experience in one (1) district in any one (1) year in excess of ninety (90) days, one (1) full year of credit will be allowed. 4. For employees hired by the District with military service experience credits shall be granted at the rate of one (1) year for each full year of active duty service to a maximum of two (2) years experience credits, provided that the employee requesting such credit must have been employed as an employee at the time he/she went into active duty status. D. Advancement on Salary Schedule 1. Each employee who has earned a Bachelor’s Degree shall advance to the next higher column for educational attainment for each fifteen (15) quarter hours of credit in the first four (4) columns of the salary schedule up to a Bachelor's Degree + 45 (BA+45). Thereafter, forty-five (45) credits will be required between each step. Each employee will be placed on the salary schedule in accordance with the highest degree attained from an accredited college or university. Employees who earn a Master’s Degree shall count all credits earned after BA (less 45 credits needed to attain that Masters CEREA/CERSD CBA 2012 - 2015 – p. 34 Degree) as if they were earned after the Masters Degree. It is understood that those provisions relating to the BA+ 1 35 and MA are in strict conformity with OSPI rules. 2. Credits recognized by OSPI may be counted for placement on the salary schedule. These are: a. Credits from accredited colleges or universities. b. Approved in-service credits or clock hours. Ten (10) clock hours of in-service shall be equal to one (1) university quarter credit and shall be recognized for salary schedule placement only if approved and funded by the state. 3. Credits in excess of a BA Degree requirements which were earned prior to awarding or conferring of the degree may not be counted unless approved by the OSPI. E. Reporting procedures for applying additional professional credits on the salary schedule is as follows: 1. To qualify for professional advancement, additional professional credits of the employee must be submitted by transcript or grade slip to the Superintendent or designee by the third day of the school year, in order to be reflected as a salary increase in the September warrant. 2. If the transcript or grade slip is submitted subsequent to the third day of school, but on or before October 15, the salary increase will be retroactive to the first day of employment of the current school year. 3. No salary adjustment or professional advancement for professional educational credits will be made for that contract year for credits submitted after October 15. 4. If, for some circumstances beyond the control of the employee, the college transcripts or grade reports are not available and the District has been advised by the college of the credit, the employee shall be granted the allowance for credit. Official transcripts must be provided by the employee no later than December 1. F. Experience Advancement Each employee shall be entitled to advance one (1) step for each year of experience while under contract with the District within the limitations of the adopted salary schedule. For placement on LEAP salary allocation documents, certificated years of experience and total eligible credits shall be rounded to the nearest whole number. One-half year or credit shall be rounded to the next highest year or credit. SECTION 7. SALARY COMPLIANCE A. If the state test of compliance indicates that the District is out of compliance due to employee's salaries, the salary schedule base shall be reduced to the extent that the District is back into compliance. CEREA/CERSD CBA 2012 - 2015 – p. 35 B. If the state test of compliance indicates the District is under compliance, the salary schedule base shall be increased so that the maximum allowed is paid and at least up to those salaries reflected on the state allocation model. SECTION 8. SUPPLEMENTAL CONTRACTS A. All employees entering into supplemental contracts for co-curricular or activity assignments shall be paid in accordance with the supplemental contract salary schedule. The co-curricular stipend schedule is contained as Appendix B. B. All extended contracts shall be funded outside of BEA funds. All such contracts shall be offered as supplemental contracts. Supplemental contracts shall be protected under Article III, Section 4. SECTION 9. INSURANCE BENEFITS A. Benefits 1. All state insurance moneys shall be provided to the District and shall be pooled for each BEA FTE employee each month. 2. The District agrees to provide 50% (currently $24.21 of the $48.42) of the cost per qualified FTE towards the funding to the HCA or the Retirement Subsidy with the agreement to split future increases also in a 50/50 split with the association. 3. Insurance plans shall be determined by the Association in accordance with the law. B. The "125 Plan" will be maintained for all employees based on the Code of the Internal Revenue Service. The goal is to provide a tax exemption to employees for insurance premiums, childcare and other valid medical expenses. SECTION 10. OTHER DEDUCTIONS The District shall, upon receipt of authorization from an employee, deduct from the employee's salary and make appropriate remittance for insurance plans, tax-sheltered annuities, direct deposit, IRS 125, or any other plans or programs jointly approved by the parties. Changes will be made only during the months of September and October. SECTION 11. TRAVEL A. Employees utilizing their private vehicles to travel on approved school business shall be compensated at the state rate. B. Employees who use their private vehicles to attend pre-approved in-service or professional programs shall be compensated at the state rate. SECTION 12. BUILDING BUDGET COMMITTEE There shall be established in each school building a budget committee which shall consist of the building principal, plus one (1) employee for every five (5) employees in the building. The building principal shall work with building staff in establishing priorities and allocations within the building budget, including but not limited to, all local, state and federal moneys, for purchasing instructional supplies, materials and equipment, and developing curriculum, consistent with district-wide policy. If the District enters into a shared-decisionmaking model, this section will be reviewed to see what adjustments may need to be made. CEREA/CERSD CBA 2012 - 2015 – p. 36 ARTICLE IX - GRIEVANCE PROCEDURE SECTION 1. DEFINITIONS Definitions used in this statement: A. Grievant shall mean an employee or the Association filing a grievance B. Grievance shall mean a written statement by a grievant that a disagreement exists over the interpretation or application of the expressed term or terms of the Agreement. All grievances shall contain a concise statement of the disagreement and the expressed Agreement provision which is alleged violated. SECTION 2. PURPOSE/REPRESENTATION A. The purpose of this grievance procedure is to provide a means for the orderly and expeditious adjustment of grievances of the Association and of employees of the District in matters related to the application and interpretation of this Agreement. B. In the event that an employee believes there is a basis for a grievance, the employee may first discuss the alleged grievance with his/her principal or other appropriate supervisor either personally or accompanied by his/her Association representative. If the grievance is not resolved, formal grievance procedures may be instituted. However, the exhaustion of the informal procedure is not required prior to invoking the formal grievance procedure. SECTION 3. PROCEDURE STEP I The grievant may invoke the formal grievance procedure through the Association on the grievance form which will be available from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or appropriate supervisor. If the grievance involves more than one (1) building, it may be filed with the Superintendent or representative designated by the superintendent. A grievance must be filed within twenty (20) days of the occurrence of which he/she complains or twenty (20) days of the time when the grievant learned of the occurrence of which he /she complains, whichever is later. STEP I - REPLY Within five (5) days of receipt of the written grievance, the principal or appropriate supervisor shall meet with the grievant and/or Association in an effort to resolve the grievance. The principal or appropriate supervisor shall indicate his/her disposition of the grievance in writing within five (5) days of such meeting, and shall furnish a copy thereof to the grievant and/or Association. STEP II If the grievant is not satisfied with the disposition of the grievance within five (5) days after receipt of same, or if no disposition has been made within five (5) days of such meeting or ten (10) days from date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. STEP II - REPLY Within five (5) days the Superintendent or designee shall meet with the grievant and/or Association on the grievance and shall indicate his/her disposition of the grievance in writing within five (5) days of such meeting and shall furnish a copy thereof to the grievant and/or Association. CEREA/CERSD CBA 2012 - 2015 – p. 37 STEP III In the event the Association is not satisfied with the disposition of the response at Step II within five (5) days after receipt of same, or in the event that no disposition has been made within five (5) days of such meeting, the grievance may be appealed to the Board. The Association may request a public or private meeting with the Board. STEP III - REPLY The Board at their next regular meeting, or not later than fifteen (15) days after the receipt of the request shall meet with the Association in an effort to resolve the grievance. The Board after discussing and deliberating the merits of the grievance shall give their decision to the Association at this meeting. The Board's decision may be delayed or deferred to a later date if requested by or agreed to by the Association. STEP IV In the event the Association is not satisfied with the disposition of the grievance by the Board within twenty (20) calendar days after receipt of same, or if no disposition has been made within twenty (20) calendar days of such meeting, the grievance, only at the option of the Association, may be submitted before an impartial arbitrator. Any appeal from a written decision must be accompanied by specific written reasons on which the appeal is based, and must be signed by the initiating grievant or appropriate Association representative. The Association shall exercise its right of arbitration by giving the Superintendent written notice of its intention to arbitrate within the twenty (20) calendar day period. If the parties cannot agree as to the arbitrator within five (5) days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list of arbitrators issued by the American Arbitration Association in accordance with its rules, which shall likewise govern the arbitration proceedings. The parties shall not be permitted to assert in such arbitration proceeding any ground rules, except as provided in jurisdiction of the arbitrator, or to rely on any evidence not previously disclosed to the other party. The decision of the arbitrator shall be final and binding on all parties, and the issue which was arbitrated shall not be placed before any other governmental agency for further consideration. SECTION 4. ARBITRATION A. Arbitration Costs. Each party shall bear its own costs of arbitration except that the fees and charges of the arbitrator, if any, shall be shared equally by the parties. B. Jurisdiction of the Arbitrator. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The arbitrator shall confine his/her inquiry to specific areas of the Agreement as cited in the grievance form. The arbitrator shall make no punitive monetary awards nor substitute his/her knowledge for the expressed provisions of this contract under question. The arbitrator shall judge exclusively as to the compliance or noncompliance of the Agreement. Upon request of either party, the merits of a grievance and the substantive and procedural arbitrability issues arising in connection with the grievance may be consolidated for hearing before an arbitrator, provided the arbitrator shall not resolve the question of arbitrability of a grievance prior to having heard the merits of the grievance. The arbitrator shall have no authority to make an award which is not in conformance or consistent with law. CEREA/CERSD CBA 2012 - 2015 – p. 38 SECTION 5. LITIGATION COSTS The decision of the arbitrator may be entered in any court of competent jurisdiction should either party fail to implement the decision. If a motion to vacate the arbitrator's decision is entered in a court of competent jurisdiction, and the initiating party does not prevail in the litigation, such party shall bear the full costs of such action including, but not limited to, the adverse party's court costs, legal fees, and other related expenses incurred as a result of defending such action. SECTION 6. ELECTION OF REMEDIES Any matter which has an alternate form of resolution (Superior Court, Human Rights Commission, PERC, OCR, etc.) may be utilized by an employee in place of arbitration, but in no case will arbitration be allowed or utilized in addition to alternative remedies such as those illustrated above. SECTION 7. TIME LIMITS The time limits provided in this Article shall be strictly observed unless extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year, the District shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. Failure of the Association to proceed with its grievance within the time herein before provided shall result in the dismissal of the grievance. Failure of the District or its representatives to take the required action within the times provided shall entitle the Association to proceed to the next step on the grievance procedure. SECTION 8. GRIEVANCE AND ARBITRATION HEARINGS All hearings or conferences pursuant to this grievance procedure shall be scheduled at a time and place which will afford a reasonable opportunity for all parties entitled to attend to be present, including any and all witnesses. If a meeting is set during the day, leave shall be granted to employee(s) involved. This leave shall be separate from and not deducted from Association leave. SECTION 9. INDIVIDUAL COMPLAINTS If an employee has a personal complaint which he/she desires to discuss with his/her supervisor, he/she is free to do so without recourse to the grievance procedure. SECTION 10. CONTINUITY OF GRIEVANCE Any claim or grievance arising shall be processed through the grievance procedure until resolution. SECTION 11. EXCLUSION FROM ARBITRATION The following are excluded from arbitration: A. Board policy and practice not in conflict with this Agreement. CEREA/CERSD CBA 2012 - 2015 – p. 39 B. Written administrative rules and regulations not in conflict with this Agreement. C. Non-renewal of provisional employees. D. Disputes which are being resolved in another forum (see Section 6). CEREA/CERSD CBA 2012 - 2015 – p. 40 ARTICLE X – DURATION SECTION 1. TERM OF AGREEMENT A. This Agreement shall be subject to proofreading and shall become effective when ratified by the Association and then by the Board. B. This Agreement shall be effective as of the 1st day of September 2012, and shall terminate August 31, 2015. C. The parties acknowledge that the understanding and agreements arrived at by the parties are set forth in this Agreement. Matters of wages, hours, and terms and conditions of employment may be subject to negotiation during the term of the period of this Agreement only upon request and upon mutual consent of those parties or as specifically provided in Section 2 below. SECTION 2. RE-OPENERS A. This three (3)-year Agreement may have one (1) re-opener in 2013 and one (1) in 2014. The items shall be simultaneously exchanged in writing on or before May 1 unless both parties agree to a later date. Salaries, extra pay schedules and benefits (insurance) will be opened annually. Except as stated in Article 8 Section 9 Part A B. Not later than ninety (90) days prior to the aforesaid expiration of the Agreement, the parties shall begin to negotiate a successor Agreement. C. In the event the legislature provides salaries or other benefits, the Agreement shall be immediately re-opened for negotiation on all such salaries or benefits. D. This Agreement may also be opened for amendment(s) by the mutual consent of both parties. Requests for such amendment(s) by either party must be in writing and must include a summary of the proposed amendment(s). Any amendment or Agreement supplemental hereto shall not be binding unless executed in writing by the parties. CEREA/CERSD CBA 2012 - 2015 – p. 41 APPENDIX A SALARY SCHEDULE To find the amount listed as a TEACHER on your paycheck: First find your correct years of service and credit ___________. Divide that amount by 12 to get TEACHER AMOUNT. To find REQUIRED amount on paycheck take your yearly teacher amount on the schedule _____. Divide that amount by 180 _____. Then multiply by 2 _________. Finally divide by 12 _____. Adding the last amounts in the above paragraphs gives one his/her gross monthly salary. CEREA/CERSD CBA 2012 - 2015 – p. 42 APPENDIX B EXTRA CURRICULAR PAY SCHEDULE PERC Approved Co-Curricular Co-Curricular Positions Included in Certified Negotiated Agreement As discussed and agreed upon May 3, 2002 Elementary School Music, Elementary Music, Vocal Music, 5th Grade Band Homework Club Middle School Academic Coaches Music, Band/Instrumental Music, Vocal Yearbook ASB Advisor Honors Camp High School Academic Coaches Annual/Photo Class Advisor - 9th Class Advisor - 10th Class Advisor - 11th Class Advisor - 12th FBLA Music, Band/Instrumental Music, Marching Band Music, Vocal ASB Advisor FCCLA Inactive Music, Jazz/Show Choir International Club 6th Grade Camp CEREA/CERSD CBA 2012 - 2015 – p. 43 2007-08 CO-CURRICULAR POSITIONS ELEMENTARY Music, Elementary Music, 5th Grade Band Homework Club MIDDLE SCHOOL Academic Coaches (Yearly, split by internal agreement) Music-Band/Instrumental Music, Vocal Yearbook ASB Advisor Honors Camp HIGH SCHOOL Academic Coaches Honor Society Math Comp Apple Bowl Major Play Minor Play Future Problem Solvers Annual-Photo Class Advisors 9th 10th 11th 12th $1427.00 $330.00 $1,320.00 $1,273.00 $330.00 $330.00 $714.00 $1189.00 $110.00 per person $275.00 $714.00 $714.00 $1070.00 $950.00 $500.00 $1,325.00 $476.00 $476.00 $476.00 $785.00 FBLA Music, Band/Instrumental Music, Marching Band Music, Vocal $1,424.00 $2,259.00 $1,000.00 $660.00 ASB Advisor FCCLA $1,424.00 $1,424.00 CEREA/CERSD CBA 2012 - 2015 – p. 44 APPENDIX C-1a CERTIFICATED PERSONNEL EVALUATION REPORT Name ____________________________________________________ Type of Evaluation Annual ______ School ___________________________________________________ 90 Day ______ Other ______ Teaching Assignment Full-Time Part-Time INSTRUCTION SKILLS Demonstrates a competent level of knowledge Demonstrates skill in designing and conducting an instructional experience Section Evaluation: (Circle one) E S NI U Comments: CLASSROOM MANAGEMENT Demonstrates a competent level of knowledge Demonstrates skill in organizing the physical elements in classroom Demonstrates skill in organizing the human elements in classroom Section Evaluation: (Circle one) E S NI U Comments: PROFESSIONAL PREPARATION AND SCHOLARSHIP Exhibits evidence of having a theoretical background and knowledge of the principles and methods of teaching Section Evaluation: (Circle one) E S NI U Comments: EFFORT TOWARD IMPROVEMENT WHEN NEEDED Demonstrates an awareness of his/her limitations and strengths Demonstrates continued professional growth Section Evaluation: (Circle one) E S NI U Comments: CEREA/CERSD CBA 2012 - 2015 – p. 45 APPENDIX C-1a continued HANDLING OF STUDENT DISCIPLINE AND ATTENDANT PROBLEMS Demonstrates ability to manage the non-instructional human elements/dynamics among students in the educational setting. Section Evaluation: (Circle one) E S NI U Comments: INTEREST IN TEACHING Demonstrates an understanding of a commitment to each pupil taking into account each individual background and characteristics Demonstrates enthusiasm for or enjoyment in working with pupils Section Evaluation: (Circle one) E S NI U Comments: KNOWLEDGE OF SUBJECT MATTER Demonstrates a depth and breadth of knowledge of theory and content in general education Demonstrates knowledge of subject matter specialization(s) appropriate to elementary and/or secondary levels Section Evaluation: (Circle one) E S NI U Comments: OUTSIDE CLASSROOM DUTIES AND FUNCTIONS Demonstrates an awareness of and fulfills non-teaching, assigned outside duties and functions Section Evaluation: (Circle one) E S NI U Comments: Summary Evaluation It is my judgment, based upon adopted criteria, that this teacher’s overall performance has been: E-Excellent S-Satisfactory NI-Needs Improvement U-Unsatisfactory during the evaluation Principal’s Signature ___________________________________________ Date ______________________ This evaluation is based in whole or in part upon observations for the purpose of evaluation which occurred on the dates and for the duration indicated as follows: Observation date(s)/Time ___________________________________ Summary Comments: Employee’s Signature ____________________________________________Date ____________________ (The employee’s signature indicates that the evaluation has been discussed with the supervisor. It does not necessary indicate agreement with the findings.) CEREA/CERSD CBA 2012 - 2015 – p. 46 APPENDIX C-1b CERTIFICATED PERSONNEL EVALUATION REPORT (Short Form) (May be used with all employees having four (4) or more years of satisfactory evaluations) Employee Evaluator Name: ___________________________________ Name:________________________________ Position: _________________________________ Title:_________________________________ Building: _________________________________ Observation Date(s)/Time:________________ EVALUATION CRITERIA E = Excellent S = Satisfactory NI = Needs Improvement U = Unsatisfactory I. II. Instructional skill. (E S NI U) Classroom management. (E S NI U) III. Professional preparation and scholarship. (E S NI U) IV. Effort toward improvement when needed. (E S NI U) V. VI. VII. VIII. Handling of student discipline and attendant problems. (E S NI U) Interest in teaching pupils. (E S NI U) Knowledge of subject matter. (E S NI U) Outside classroom duties and functions. (E S NI U) (This does not apply to volunteer duties. It is understood that this criteria relates only to assigned outside duties and functions.) It is my judgment, based upon adopted criteria, that this employee’s overall performance has been _______________________________ (Excellent, Satisfactory, Needs improvement, Unsatisfactory) during the evaluation period covered in this report. In the event this short form evaluation is unsatisfactory, the affected employee shall be re-evaluated using the long form. Date Evaluator My signature below indicates that I have seen this evaluation. It does not necessarily indicate agreement with the findings. Date Employee CEREA/CERSD CBA 2012 - 2015 – p. 47 APPENDIX C-1c TEACHER OBSERVATION Teacher ________________________________________________Time __________ Date ____________ Grade _______ Subject ___________________________________ Evaluator _______________________ Pre-Arranged _____ Drop-In _____ Pre-Observation Conference (Optional): Time Date Observation Criteria Instructional Skill Classroom Management Professional Preparation/Scholarship Outside Classroom Duties/Functions Handling Student Discipline Interest in Teaching Pupils Knowledge of Subject Matter Effort Toward Improvement Observation Summary (Positive Feedback and Growth Areas): (see attached pages) Post-Observation Conference (Optional): Time White Copy - Supervisor Date Yellow Copy - Employee CEREA/CERSD CBA 2012 - 2015 – p. 48 Appendix C-1b Continued. Page _____ of_____ Teacher Observation Notes Copy 1 - Supervisor Copy 2 - Employee CEREA/CERSD CBA 2012 - 2015 – p. 49 APPENDIX C-2a CERTIFICATED SUPPORT PERSONNEL EVALUATION REPORT Name ____________________________________________________ Type of Evaluation Annual ______ School ___________________________________________________ 90 Day ______ Other ______ Assignment _______________________________________________ Full-Time Part-Time KNOWLEDGE AND SCHOLARSHIP IN SPECIAL FIELD Demonstrates depth and breadth of knowledge of theory and content in special field Demonstrates understanding of and knowledge about common school education and educational milieu grades K-12 Demonstrates ability to integrate area of specialty into the total school milieu Section Evaluation: (Circle one) E S NI U Comments: SPECIALIZED SKILLS Demonstrates in their performance a competent level of skill and knowledge in designing and conducting specialized programs of prevention, instruction, remediation and evaluation Section Evaluation: (Circle one) E S NI U Comments: MANAGEMENT OF SPECIAL AND TECHNICAL ENVIRONMENT Demonstrates an acceptable level of performance in managing and organizing the special materials, equipment and environment essential to the programs Section Evaluation: (Circle one) E S NI U Comments: SUPPORT PERSON AS A PROFESSIONAL Demonstrates awareness of his/her limitations and strengths Demonstrates continued professional growth Section Evaluation: (Circle one) E S NI U Comments: INVOLVEMENT IN ASSISTING PUPILS, PARENTS AND EDUCATION PERSONNEL Demonstrates an acceptable level of performance in offering specialized assistance in identifying those needing specialized programs. Section Evaluation: (Circle one) E S NI U Comments: CEREA/CERSD CBA 2012 - 2015 – p. 50 APPENDIX C-2a continued It is my judgment, based upon adopted criteria, that this specialist’s overall performance has been: E-Excellent S-Satisfactory NI-Needs improvement U-Unsatisfactory during the evaluation Evaluator’s Signature ______________________________________________ Date _________________ Employee’s Signature ______________________________________________ Date _________________ (The employee’s signature indicates that the evaluation has been discussed with the supervisor. It does not necessarily indicate agreement with the findings.) Summary Comments: Employee’s Signature ______________________________________________ Date _________________ CEREA/CERSD CBA 2012 - 2015 – p. 51 APPENDIX C-2b CERTIFICATED SUPPORT PERSONNEL EVALUATION REPORT (Short Form) (May be used with all employees having four (4) or more years of satisfactory evaluations) Employee Evaluator Name: ___________________________________ Name:________________________________ Position: _________________________________ Title:_________________________________ Building: _________________________________ Observation Date(s)/Time:________________ EVALUATION CRITERIA E = Excellent S = Satisfactory NI = Needs Improvement U = Unsatisfactory I. II. Knowledge and Scholarship in Special Field. (E S NI U) Specialized Skills. (E S NI U) III. Management of Special and Technical Environment. (E S NI U) IV. Support Person as a Professional. (E S NI U) V. Involvement in Assisting Pupil, Parents, and Educational Personnel. (E S NI U) It is my judgment, based upon adopted criteria, that this employee’s overall performance has been _______________________________ (Excellent, Satisfactory, Needs improvement, Unsatisfactory) during the evaluation period covered in this report. In the event this short form evaluation is unsatisfactory, the affected employee shall be re-evaluated using the long form. Date Evaluator My signature below indicates that I have seen this evaluation. It does not necessarily indicate agreement with the findings. Date Employee CEREA/CERSD CBA 2012 - 2015 – p. 52 APPENDIX C-2c CERTIFICATED SUPPORT OBSERVATION Teacher ________________________________________________Time ___________Date _____________ Grade __________ Subject ________________________________ Evaluator ________________________ Pre-Arranged _____ Drop-In _____ Pre-Observation Conference (Optional): Time Observation Criteria Knowledge & Scholarship in Special Field Specialized Skills Management of Special & Technical Environment Involvement in Assisting Pupils, Parents, and Educational Personnel Support Person as a Professional Date Observation Summary (Positive Feedback and Growth Areas): (see attached pages) Post-Observation Conference (Optional): Time White Copy - Supervisor Yellow Copy - Employee CEREA/CERSD CBA 2012 - 2015 – p. 53 Date APPENDIX C-2c CERTIFICATED SUPPORT OBSERVATION NOTES White Copy - Supervisor Yellow Copy - Employee CEREA/CERSD CBA 2012 - 2015 – p. 54 APPENDIX C-3a CERTIFICATED PERSONNEL/TEACHER EVALUATION GUIDELINES INSTRUCTIONAL SKILLS: Demonstrates a competent level of knowledge Demonstrates skill in designing and conducting an instructional experience 1. Demonstrates the use of long and short-range plans for each area of instruction. 2. Demonstrates through teaching that plans are in use. 3. Identifies and plans for the use of resources to carry out instruction based upon teacher’s objectives. 4. Provide plans for learning activities and/or experiences that enable students to select, at times, one appropriate to their needs and interest. 5. Makes use of appropriate and available data concerning student ability and achievement as plans are developed. 6. Encourages students to seek help from one another when appropriate. 7. Assesses unit or program goals to continue or revise systems of instruction. 8. Shares course and unit objectives with students through oral or written communication. 9. Gives explanation, assignments and directions clearly. CLASSROOM MANAGEMENT Demonstrates a competent level of knowledge Demonstrates skill in organizing physical elements in classroom Demonstrates skill in organizing the human elements in classroom 1. Write lesson plans sufficient to meet needs of substitute teacher. 2. Endeavors to make the classroom a physical setting conducive to learning. 3. Provides opportunity for students to exchange ideas. 4. Provides opportunity for students to develop skills of group cooperation. 5. Identifies needs in students which may be met by support services. 6. Seeks support services when needed. PROFESSIONAL PREPARATION AND SCHOLARSHIP Exhibits evidence of having a theoretical background and knowledge of the principles and methods of teaching 1. Uses instructional strategies/methods appropriate to the student(s), subject matter(s) taught and learning outcomes desired. 2. Specifies educational philosophy underlying one’s instructional decision. 3. Participates in in-service and career development activities sponsored by the District, Educational Service District and professional organizations. EFFORT TOWARD IMPROVEMENT WHEN NEEDED Demonstrates an awareness of his/her limitations and strengths Demonstrates continued professional growth 1. Be responsive to constructive criticism. 2. Implement suggestions for improvement. CEREA/CERSD CBA 2012 - 2015 – p. 55 HANDLING OF STUDENT DISCIPLINE AND ATTENDANCE PROBLEMS Demonstrates ability to manage the non-instructional human elements/dynamics among students in the educational setting 1. Operates the classroom under a set of rules which are known and have been explained to all students. 2. Deals with discipline on an individual and consistent basis. 3. Allows for feedback from students. 4. Encourages students to be respectful, courteous and cooperative. 5. Provides for a classroom climate based on mutual respect and recognition of the purpose of the learning activity. INTEREST IN TEACHING Demonstrates an understanding of a commitment to each pupil taking into account each individual background and characteristics Demonstrates enthusiasm for or enjoyment in working with pupils 1. Develops rapport with the student as an individual and in a professional manner. 2. Encourages students, when appropriate, to participate in planning of activities. 3. Informs students of progress through the use of personal conferences, progress charts, growth ladders or assignment checklists, etc. 4. Encourages student participation in assessment of their progress. 5. Makes students feel successful within the learning situation. 6. Informs parents of current programs, practices and progress of their child through the use of personal contact, Open House, PAC and student progress reports. 7. Seeks parental help to correct student deficiencies and/or social problems. 8. Maintains confidences concerning personal and professional information. KNOWLEDGE OF SUBJECT MATTER Demonstrates a depth and breadth of knowledge of theory and content in general education. Demonstrates knowledge of subject matter specialization(s) appropriate to elementary and/or secondary levels. 1. Possess and maintains appropriate academic background in subject area if assigned to area of competency or major or minor. CEREA/CERSD CBA 2012 - 2015 – p. 56 APPENDIX C-3b COMMUNICATION DISORDERS SPECIALIST EVALUATION GUIDELINES KNOWLEDGE AND SCHOLARSHIP IN SPECIAL FIELD Demonstrates depth and breadth of knowledge of theory and content in special field Demonstrates understanding of and knowledge about common school education and educational milieu grades K-12 Demonstrates ability to integrate area of specialty into the total school milieu SPECIALIZED SKILLS Demonstrates in their performance a competent level of skill and knowledge in designing and conducting specialized programs of prevention, instruction, remediation and evaluation 1. Uses intervention strategies that are directly related to the identified communication disorder. 2. Maintains appropriate date on each student’s progress. 3. Demonstrates skill in conducting therapy with physically challenged students. 4. Demonstrates skill in conducting therapy with students of different ages. 5. Demonstrates skill in utilizing behavior modification and classroom management techniques. 6. Considers alternatives and implications before recommending a change in a child’s program. 7. Participates on committees (i.e., student assistance, drug/alcohol). MANAGEMENT OF SPECIAL AND TECHNICAL ENVIRONMENT Demonstrates an acceptable level of performance in managing and organizing the special materials, equipment and environment essential to the programs 1. Uses current assessment instruments and techniques. 2. Maintains an environment conductive to obtaining accurate results of a student’s abilities during assessment. 3. Keeps abreast of current advances in equipment (i.e., computer technology, adaptive equipment for the handicapped.) CEREA/CERSD CBA 2012 - 2015 – p. 57 SUPPORT PERSON AS A PROFESSIONAL Demonstrates awareness of his/her limitations and strengths Demonstrates continued professional growth 1. Presents a good personal appearance. 2. Demonstrates dependability. 3. Meets difficult situations with self-control. 4. Demonstrates good judgment and common sense. 5. Communicates and listens effectively, 6. Shows concern, respect and sensitivity for the needs of staff and students. 7. Works well with other staff. 8. Is able to relate well with children. 9. Accepts constructive criticism. 10. Utilizes constructive criticism. 11. Displays initiative and resourcefulness. 12. Demonstrates tolerance for others/values and viewpoints. 13. Maintains visibility and accessibility within assigned school(s). 14. Shows evidence of continued self-evaluation. 15. Achieves comfortable interactions with minority students. 16. Follows ethical principles appropriate for the profession of CDS. 17. Participates on committees (e.g., student assistance, drug/alcohol). 18. Demonstrates continued professional growth by attending conferences, workshops and seminars. 19. Demonstrates an awareness of competency level and does not accept responsibilities that exceed this level. 20. Observes scheduled hours and appointments at assigned school(s) in a punctual manner. 21. Is prompt in meeting deadlines and responding to referrals and handing in written reports. 22. Completes written reports and forms in a neat, thorough and accurate manner. 23. Writes reports in a coherent, focused and well-organized manner. 24. Establishes appropriate work priorities and manages time efficiently. 25. Keeps supervisors and administrators informed of unusual events, as well as routine matters in their schools. INVOLVEMENT IN ASSISTING PUPILS, PARENTS AND EDUCATION PERSONNEL Demonstrates an acceptable level of performance in offering specialized assistance in identifying those needing specialized programs. 1. Clearly identifies the nature of the referral problem and the purpose of the assessment. 2. Uses appropriate assessment instruments or techniques that are directly related to the identified problem. 3. Analyzes and interprets test results or verbal data in a meaningful and thorough fashion. 4. Makes recommendations that follow logically from the assessment results and are educationally relevant. 5. Performs assessments that meet WAC requirements. 6. Establishes effective collaborative relationships with teachers and other school personnel. 7. Conducts effective meetings, parent conferences, and IEPs. 8. Establishes and maintains effective communication with parents. 9. Consistently follows through when additional action is needed. CEREA/CERSD CBA 2012 - 2015 – p. 58 APPENDIX C-3c GUIDANCE AND COUNSELING PERSONNEL EVALUATION GUIDELINES KNOWLEDGE AND SCHOLARSHIP IN SPECIAL FIELD Demonstrates depth and breadth of knowledge of theory and content in special field Demonstrates understanding of and knowledge about common school education and educational milieu grades K-12 Demonstrates ability to integrate area of specialty into the total school milieu 1. Demonstrates understanding of Federal and Washington State laws regarding school counselors. 2. Is able to provide theoretical reasons for the use of various procedures. 3. Demonstrates understanding of human growth and development. 4. Demonstrates understanding of normal growth in children and adolescents. 5. Demonstrates understanding of human behavior. 6. Demonstrates understanding of test and measurement theory. 7. Deals ethically with confidential issues. SPECIALIZED SKILLS Demonstrates in their performance a competent level of skill and knowledge in designing and conducting specialized programs of prevention, instruction, remediation and evaluation 1. Uses intervention strategies that are directly related to the assessed problem. 2. Follows up on the effectiveness of intervention techniques used (elementary). 3. Demonstrates skill in utilizing individual counseling techniques. 4. Demonstrates skill in utilizing group counseling techniques. 5. Demonstrates skill in utilizing appropriate theoretical strategies and classroom management techniques. 6. Considers alternatives and implications before recommending a change in a child’s program. 7. Participates on committees (i.e., student assistance, drug/alcohol). 8. Demonstrates skill in crisis intervention. 9. Networks with community agencies. 10. Demonstrates active listening. 11. Designs interventions which are effective for the student’s personal adjustment. MANAGEMENT OF SPECIAL AND TECHNICAL ENVIRONMENT Demonstrates an acceptable level of performance in managing and organizing the special materials, equipment and environment essential to the programs. 1. Uses current assessment instruments and techniques. 2. Maintains an environment which is comfortable and sufficiently private for students. 3. Keeps abreast of current advances in relevant research. 4. Develops a compilation of primary and secondary prevention materials for use with students. 5. Shows competence in administration of standardized testing. CEREA/CERSD CBA 2012 - 2015 – p. 59 SUPPORT PERSON AS A PROFESSIONAL Demonstrates awareness of his/her limitations and strengths Demonstrates continued professional growth 1. Presents a good personal appearance. 2. Demonstrates dependability. 3. Meets difficult situations with self-control. 4. Demonstrates good judgment with common sense. 5. Communicates and listens effectively. 6. Shows concern, respect and sensitivity for the needs of staff and students. 7. Works well with other staff. 8. Is able to relate well with children. 9. Accepts constructive criticism. 10. Utilizes constructive criticism. 11. Displays initiative and resourcefulness. 12. Demonstrates tolerance for others/values and viewpoints. 13. Maintains visibility and accessibility within assigned school(s). 14. Shows evidence of continued self-evaluation. 15. Achieves comfortable interactions with minority students. 16. Follows ethical principles appropriate for the profession of school counseling. 17. Participates on committees (i.e., student assistance, drug/alcohol). 18. Demonstrates continued professional growth by attending conferences, workshops, and seminars. 19. Demonstrates an awareness of competency level and does not accept responsibilities that exceed this level. 20. Observes scheduled hours and appointments at assigned school(s) in a punctual manner. 21. Is prompt in meeting deadlines and responding to referrals. 22. Completes documentation in a neat, thorough and accurate manner. 23. Presents reports in a coherent, focused and well-organized manner. 24. Establishes appropriate work priorities and manages time efficiently. 25. Keeps supervisors and administrators informed of unusual events, as well as routine matters in their schools. INVOLVEMENT IN ASSISTING PUPILS, PARENTS AND EDUCATION PERSONNEL Demonstrates an acceptable level of performance in offering specialized assistance in identifying those needing specialized programs 1. Clearly identifies the nature of the referral problem and the purpose of the assessment. 2. Uses appropriate assessment instruments or techniques that are directly related to the identified problem. 3. Analyzes and interprets test results or verbal data in a meaningful and thorough fashion. 4. Makes recommendations that follow logically from the assessment results and rare educationally relevant. 5. Guides student to therapeutically relevant material in sessions. 6. Establishes effective collaborative relationships with teachers and other school personnel. 7. Conducts effective parent conferences. 8. Serves effectively as a liaison for school and parents. 9. Consistently follows through when additional action is needed. 10. Maintains proper limits with staff, students, and parents. CEREA/CERSD CBA 2012 - 2015 – p. 60 APPENDIX C-3d OCCUPATIONAL THERAPIST/PHYSICAL THERAPIST EVALUATION GUIDELINES KNOWLEDGE AND SCHOLARSHIP IN SPECIAL FIELD Demonstrates depth and breadth of knowledge of theory and content in special field Demonstrates understanding of and knowledge about common school education and educational milieu grades k-12 Demonstrates ability to integrate area of specialty into the total school milieu 1. Demonstrates understanding of Federal and Washington State laws regarding Occupational Therapists 2. Is able to provide theoretical reasons for the use of various procedures. 3. Demonstrates understanding of human growth and development. 4. Demonstrates understanding of normal growth in children and adolescents. 5. Demonstrates understanding of human behavior. SPECIALIZED SKILLS Demonstrates in their performance a competent level of skill and knowledge in designing and conducting specialized programs of prevention, instruction, remediation and evaluation 1. Uses intervention strategies that are directly related to the assessed problems. 2. Follows up on the effectiveness of intervention techniques used. 3. Demonstrates skill in utilizing individual occupational therapy techniques. 4. Demonstrates skill in utilizing group occupational therapy techniques. 5. Demonstrates skill in utilizing behavior modification and classroom management techniques. 6. Considers alternatives and implications before recommending a change in a child’s program. MANAGEMENT OF SPECIAL AND TECHNICAL ENVIRONMENT Demonstrates an acceptable level of performance in managing and organizing the special materials, equipment and environment essential to the programs 1. Uses current assessment instruments and techniques. 2. Maintains an environment conductive to obtaining accurate results of a student’s abilities during assessment. 3. Keeps abreast of current advances in equipment (i.e., computer technology, adaptive equipment for the handicapped. CEREA/CERSD CBA 2012 - 2015 – p. 61 SUPPORT PERSON AS A PROFESSIONAL Demonstrates awareness of his/her limitations and strengths Demonstrates continued professional growth 1. Presents a good personal appearance. 2. Demonstrates dependability. 3. Meets difficult situations with self-control. 4. Demonstrates good judgment and common sense. 5. Communicates and listens effectively. 6. Shows concern, respect and sensitivity for the needs of staff and students. 7. Works well with other staff. 8. Is able to relate well with children. 9. Accepts constructive criticism. 10. Utilizes constructive criticism. 11. Displays initiative and resourcefulness. 12. Demonstrates tolerance for others? values and viewpoints. 13. Maintains visibility and accessibility within assigned school(s). 14. Shows evidence of continued self-evaluation. 15. Achieves comfortable interactions with minority students. 16. Follows ethical principles appropriate for the profession of occupational therapy. 17. Participates on committees (i.e., student assistance, drug/alcohol). 18. Demonstrates continued professional growth by attending conferences, workshops and seminars. 19. Demonstrates an awareness of competency level and does not accept responsibilities that exceed this level. 20. Observes scheduled hours and appointments at assigned school(s) in a punctual manner. 21. Is prompt in meeting deadlines and responding to referrals and handing in written reports. 22. Completes written reports and forms in a neat, thorough and accurate manner. 23. Writes reports in a coherent, focused and well-organized manner. 24. Establishes appropriate work priorities and manages time efficiently. 25. Keeps supervisors and administrators informed of unusual events, as well as routine matters in their schools. INVOLVEMENT IN ASSISTING PUPILS, PARENTS AND EDUCATION PERSONNEL Demonstrates an acceptable level of performance in offering specialized assistance in identifying those needing specialized programs. 1. Clearly identifies the nature of the referral problem and the purpose of the assessment. 2. Uses appropriate assessment instruments or techniques that are directly related to the identified problem. 3. Analyzes and interprets test results in a meaningful and thorough fashion. 4. Makes recommendations that follow logically from the assessment results and are educationally relevant. 5. Performs assessments that meet WAC requirements. 6. Establishes effective collaborative relationships with teachers and other school personnel. 7. Conducts effective parent conferences. 8. Consistently follows through when additional action is needed. CEREA/CERSD CBA 2012 - 2015 – p. 62 APPENDIX C-3e SCHOOL PSYCHOLOGIST EVALUATION GUIDELINES KNOWLEDGE AND SCHOLARSHIP IN SPECIAL FIELD Demonstrates depth and breadth of knowledge of theory and content in special field Demonstrates understanding of and knowledge about common school education and educational milieu grades K-12. Demonstrates ability to integrate area of specialty into the total school milieu 1. Demonstrates understanding of Federal and Washington State laws regarding school psychology. 2. Is able to provide theoretical reasons for the use of various procedures. 3. Demonstrates understanding of human growth and development. 4. Demonstrates understanding of normal growth in children and adolescents. 5. Demonstrates understanding of human behavior. 6. Demonstrates understanding of test and measurement theory. 7. Deals ethically with confidential issues. SPECIALIZED SKILLS Demonstrates in their performance a competent level of skill and knowledge in designing and conducting specialized programs of prevention, instruction, remediation and evaluation 1. Uses intervention strategies that are directly related to the assessed problem. 2. Follows up on the effectiveness of intervention techniques used. 3. Demonstrates skill in utilizing individual counseling techniques. 4. Demonstrates skill in utilizing group counseling techniques. 5. Demonstrates skill in utilizing behavior modification and classroom management techniques. 6. Considers alternatives and implications before recommending a change in a child’s program. 7. Participates on committees (i.e., student assistance, drug/alcohol). MANAGEMENT OF SPECIAL AND TECHNICAL ENVIRONMENT Demonstrates an acceptable level of performance in managing and organizing the special materials, equipment and environment essential to the programs. 1. Uses current assessment instruments and techniques. 2. Maintains an environment which is comfortable and sufficiently private for students. CEREA/CERSD CBA 2012 - 2015 – p. 63 SUPPORT PERSON AS A PROFESSIONAL Demonstrates awareness of his/her limitations and strengths Demonstrates continued professional growth 1. Presents a good personal appearance. 2. Demonstrates dependability. 3. Meets difficult situations with self-control. 4. Demonstrates a good judgment with common sense. 5. Communicates and listens effectively. 6. Shows concern, respect and sensitivity for the needs of staff and students. 7. Works well with other staff. 8. Is able to relate well with children. 9. Accepts constructive criticism. 10. Utilizes constructive criticism. 11. Displays initiative and resourcefulness. 12. Demonstrates tolerance for others/values and viewpoints. 13. Maintains visibility and accessibility within assigned school(s). 14. Shows evidence of continued self-evaluation. 15. Achieves comfortable interactions with minority students. 16. Follows ethical principles appropriate for the profession of school psychology. 17. Participates on committees (i.e., student assistance, drug/alcohol). 18. Demonstrates continued professional growth by attending conferences, workshops and seminars. 19. Demonstrates an awareness of competency level and does not accept responsibilities that exceed this level. 20. Observes scheduled hours and appointments at assigned school(s) in a punctual manner. 21. Is prompt in meeting deadlines and responding to referrals. 22. Completes documentation in a neat, thorough and accurate manner. 23. Presents reports in a coherent, focused and well-organized manner. 24. Establishes appropriate work priorities and manages time efficiently. 25. Keeps supervisors and administrators informed of unusual events, a well as routine matters in their schools. INVOLVEMENT IN ASSISTING PUPILS, PARENTS AND EDUCATION PERSONNEL Demonstrates an acceptable level of performance in offering specialized assistance in identifying those needing specialized programs 1. Clearly identifies the nature of the referral problem and the purpose of the assignment. 2. Uses appropriate assessment instruments or techniques that are directly related to the identified problem. 3. Analyzes and interprets test results or verbal data in a meaningful and thorough fashion. 4. Makes recommendations that follow logically from the assessment results and are educational relevant. 5. Guides student to therapeutically relevant material in sessions. 6. Establishes effective collaborative relationships with teachers and other school personnel. 7. Conducts effective parent conferences. 8. Serves effectively as a liaison for school and parents. 9. Consistently follows through when additional action is needed. 10. Maintains proper limits with staff, students, and parents. CEREA/CERSD CBA 2012 - 2015 – p. 64 APPENDIX C-4a PROFESSIONAL GROWTH PLAN FORM Name ___________________________________________ School Year __________________ Building _________________________________________ 1. Professional Goals (no more than three) which are to be the focus of my Professional Growth Plan. 2. What is the plan of action for achieving my goal(s), including activities and timelines? 3. How can my supervisor help me to achieve my goal(s)? 4. Who will be involved in working with me to achieve my goal(s)? 5. How will I measure my success in achieving my goal(s)? Signatures Date ____________ Supervisor ___________________________ Employee _________________________ CEREA/CERSD CBA 2012 - 2015 – p. 65 APPENDIX C-4b PROFESSIONAL GROWTH PLAN ASSESSMENT FORM EMPLOYEE’S NAME _________________________________________________________________ SUPERVISOR’S NAME _______________________________________________________________ 1. Date of initial goal-setting conference: List the employee’s goal(s): _________/ ________________________________________________ Supervisor/Employee Initials 2. Date of mid-year progress conference: Summary notes: _________/ ________________________________________________ Supervisor/Employee Initials 3. Date of year-end assessment conference: Summary notes (if more space needed, attach additional comments) _________/ _________________________________________________ Supervisor/Employee Initials The Professional Growth Plan of ______________________________________________________ (Employee) has/has not been completed. In my opinion the plan was/was not successful. __________________ Date ________________________________________________ Employee’s Signature __________________ Date ________________________________________________ Supervisor’s Signature CEREA/CERSD CBA 2012 - 2015 – p. 66 APPENDIX D DUES AUTOMATIC PAYROLL DEDUCTION Cle Elum-Roslyn Education Association Dues Check-Off Authorization and Assignment Name ____________________________________________ Address __________________________________________ City _______________________________ ZIP ______________ TO: CLE ELUM/ROSLYN SCHOOL DISTRICT I, the undersigned, acknowledge that I am a member of the Cle Elum/Roslyn Education Association, an affiliate of the Washington Education Association and the National Education Association. I hereby authorize you as my employer to deduct from my salary and to pay to the Washington Education Association membership dues in such amounts as the Association may certify as due and owing by me in accordance with its constitution. I agree that this authorization and assignment shall be irrevocable for the current school year and shall be automatically renewed each year thereafter unless written notice of revocation is given by me to you and the Cle Elum/Roslyn Education Association prior to September 10 of any calendar year and further agree that my revocation shall be effective on August 31 of the year in which notice of revocation is given. __________________ Date ________________________________________________ Signature CEREA/CERSD CBA 2012 - 2015 – p. 67 APPENDIX E JUST CAUSE/SEVEN KEY TESTS The basic elements of just cause, which different arbitrators have emphasized have been reduced by Arbitrator Carroll R. Daugherty to seven tests. These tests, in the form of questions, represent the most specifically articulated analysis of the just cause standard as well as an extremely practical approach. A "no" answer to one or more of the questions may mean that just cause either was not satisfied or at least was seriously weakened in that some arbitrary, capricious, or discriminatory element was present. 1. NOTICE: "Did the District give to the employee forewarning or foreknowledge of the possible or probable consequences of the employee's disciplinary conduct?" 2. REASONABLE RULE OR ORDER: "Was the District's rules or managerial order reasonably related to (a) the orderly, efficient, and safe operation of the District, and (b) the performance that the District might properly expect of the employee?" 3. INVESTIGATION: "Did the District, before administering the discipline to an employee, make an effort to discover whether the employee did in fact violate or disobey a rule or order of the District? 4. FAIR INVESTIGATION: "Was the District's investigation conducted fairly and objectively?" 5. PROOF: "At the investigation, did the `judge' obtain substantial evidence or proof that the employee was guilty as charged?" 6. EQUAL TREATMENT: "Has the District applied its rules, orders and penalties even-handedly and without discrimination to all employees?" 7. PENALTY: "Was the degree of discipline administered by the District in a particular case reasonably related to (a) the seriousness of the employee's proven offense, and (b) the record of the employee in his service with the District?" CEREA/CERSD CBA 2012 - 2015 – p. 68 APPENDIX F GRIEVANCE REVIEW REQUEST FORM STEP I A. Name _________________________________________________________________ Position/Title _________________________ Building ____________________ Date of occasion giving rise to grievance ______________________________________ Date of filing ____________________________________________________________ B. 1. Statement of grievance: a. Situation leading to grievance: b. Specific violations: c. Specific relief requested, including provision(s) justifying the Relief, if any: 2. Steps taken to resolve grievance: 3. _____________________________________________________ Grievant's Signature C. _____________ Date 1. Immediate supervisor's Step I response, including provision(s) justifying the response, if any: 2. ______________________________________________________ Immediate Supervisor's Signature ____________ Date 3. Grievant's response: ___ a. I accept the immediate supervisor's response. ___ b. I reject the immediate supervisor's response and appeal to Step II 4. ______________________________________________________ Grievant's Signature CEREA/CERSD CBA 2012 - 2015 – p. 69 ____________ Date STEP II D. 1. Superintendent's Step II response, including provision(s) justifying the response, if any: 2. ______________________________________________________ Superintendent's signature Date ____________ 3. Grievant's response: ___ a. I accept the Superintendent's response. ___ b. I reject the Superintendent's response and appeal to Step III (Board of Directors) 4. ______________________________________________________ Grievant's signature Date ____________ STEP III A. 1. Board of Director's Step III response, including provision(s) justifying the response, if any. 2. ______________________________________________________ Board Signature ____________ Date 3. Grievant's response: ___ a. I accept the Board's response. ___ b. I reject the Board's response and request the Association initiate binding arbitration. 4. ______________________________________________________ Grievant's Signature CEREA/CERSD CBA 2012 - 2015 – p. 70 ____________ Date APPENDIX G SCHOOL CALENDAR CEREA/CERSD CBA 2012 - 2015 – p. 71 APPENDIX H Non-Student Days The following table is a list of Non-Student Days and is meant to clarify what they are, how they are to be used and where they are addressed in the contract. Type Waiver Qty 3 Description These are days that the District has asked the State to waiver from the student contact days to use for with teachers to assist in in-service and trainings. They are all district directed. Article NA Section Part NA NA LID 1 These are Learning Improvement Days. They are given as additional days by the State to be used for the purpose of improving the learning of students. The District will determine the content of one of these days and the other shall be determined at the building level. VIII 2 A,B,C Per Diem 5.5 The Per Diem days are broken into two groups. VIII 3 A,B,C 1) Mandatory Days a) Two and a Half (2.5) per diem days shall be mandatory and shall be paid on a supplemental contract. i) Two (2) of the mandatory days will be scheduled at the end of each Semester. One quarter (.25) of each day will be for district/building directed professional development and will occur in the morning. Three quarters (.7 5) of each day will be a workday for grading/report card preparation, parent conferencing, and curriculum/instructional planning. Work accomplished will be available for review by the building principal. ii) One half (.5) day will be a non-calendared building led day to be used as additional time to be used throughout the year. 2) Optional days a) Three (3) per diem days shall not be mandatory but determined by the employee for additional work time beyond the regular work day/year such as implementation of District and building goals, Essential Learnings implementation, self-study accreditation, curriculum development, additional parent/teacher conferencing, and continuing education, etc. i) Two and a half (2.5) of the Non-Mandatory days shall be at the employee’s discretion so long as it fulfills the above stated goals. ii) The final half (.5) of the Non-Mandatory days will comply with building level goals/priorities as determined and planned collaboratively by teachers, other instructional staff, and administrators at the building level. CEREA/CERSD CBA 2012 - 2015 – p. 72 Appendix I Changes to the School Day and Additional Days For the 2012 – 2013 year only, the following changes will be in effect. A. For the 2012 – 2013 the teacher day will start at 7:50 and end at 3:30. The student day will remain the same. B. For the 2012 – 2013 year, two additional Mandatory TRI days will be inserted into the calendar on January 2nd and January 28th. C. For the 2012 – 2013 year, the four Mandatory TRI days and the three Waiver days will start at 8:00 and end at 2:45. CEREA/CERSD CBA 2012 - 2015 – p. 73 SIGNATORIES CLE ELUM-ROSLYN SCHOOL DISTRICT NO. 404 CLE ELUM-ROSLYN EDUCATION ASSOCIATION COLLECTIVE BARGAINING AGREEMENT FOR THE DISTRICT FOR THE ASSOCIATION ___________________________________________ Board Chairman _________________________________________ President ___________________________________________ Chief Negotiator for the District _________________________________________ Chief Negotiator for the Association ___________________________________________ Date _________________________________________ Date CEREA/CERSD CBA 2012 - 2015 – p. 74 CLE ELUM-ROSLYN SCHOOL DISTRICT No. 404 COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS PREAMBLE 1 ARTICLE I - ADMINISTRATION SECTION 1. DEFINITIONS SECTION 2. RECOGNITION SECTION 3. STATUS OF THE AGREEMENT SECTION 4. CONFORMITY TO LAW SECTION 5. PRINTING/DISTRIBUTION OF AGREEMENT SECTION 6. ISSUANCE OF CONTRACTS 2 2 2 2 3 3 3 ARTICLE II – BUSINESS SECTION 1. MANAGEMENT RIGHTS SECTION 2. ASSOCIATION RIGHTS AND RESPONSIBILITIES SECTION 3. DUES DEDUCTION SECTION 4. ASSOCIATION LEAVE SECTION 5. MEETING WITH ADMINISTRATION 4 4 4 5 6 6 ARTICLE III - EMPLOYEE RIGHTS SECTION 1. HIRING PRACTICES SECTION 2. NON-DISCRIMINATION SECTION 3. EMPLOYEE RESPONSIBILITIES SECTION 4. DUE PROCESS SECTION 5. DISTRICT PERSONNEL FILES SECTION 6. EMPLOYEE PROTECTION SECTION 7. ASSIGNMENT AND TRANSFER – EMPLOYEES 7 7 7 7 7 8 9 9 ARTICLE IV - EVALUATION – PROBATION SECTION 1. GENERAL SECTION 2. PURPOSES OF EVALUATION (WAC 392-191-025) SECTION 3. USE OF EVALUATION RESULTS (WAC 392-191-045) SECTION 4. RESPONSIBILITY FOR EVALUATION SECTION 5. OBSERVATION AND EVALUATION TIMELINES SECTION 6. OBSERVATION PROCEDURES SECTION 7. EVALUATION CRITERIA (WAC 392-191-010) SECTION 8. EVALUATION PROCEDURES SECTION 9. REMEDIATION AND PRE-PROBATION SECTION 10. PROBATION SECTION 11. ACTION BY THE EMPLOYEE SECTION 12. EVALUATION-PROFESSIONAL GROWTH PLAN (PGP) (WAC 392-192) 12 12 12 12 13 13 13 14 15 15 16 17 17 ARTICLE V - LAYOFF AND RECALL SECTION 1. DEVELOPMENT OF SENIORITY AND QUALIFICATION(S) LIST SECTION 2. INITIATION OF LAYOFF SECTION 3. PROGRAMS AND SERVICES SECTION 4. EMPLOYEE RETENTION PROCEDURES SECTION 5. EMPLOYMENT POOL SECTION 6. RECALL BENEFITS 20 20 20 20 21 22 23 CEREA/CERSD CBA 2012 - 2015 – p. 75 SECTION 7. ACTION BY THE EMPLOYEE 23 ARTICLE VI – INSTRUCTION SECTION 1. PREPARATION PERIODS SECTION 2. WORK LOAD SECTION 3. STUDENT DISCIPLINE SECTION 4. CONTROVERSIAL TOPICS/ACADEMIC FREEDOM SECTION 5. EMPLOYEE FACILITIES SECTION 6. CURRICULUM DEVELOPMENT SECTION 7. GRADING 24 24 24 25 25 26 26 26 ARTICLE VII – LEAVES SECTION 1. EMPLOYEE ON LEAVE SECTION 2. SICK LEAVE SECTION 3. SICK LEAVE CASH-OUT (RCW 28A.400.21 0) SECTION 4. SICK LEAVE SHARING SECTION 5. MATERNITY/PATERNITY LEAVE SECTION 6. CHLDREARING LEAVE SECTION 7. EMERGENCY LEAVE SECTION 8. FAMILY ILLNESS LEAVE SECTION 9. BEREAVEMENT LEAVE SECTION 10. JURY DUTY/SUBPOENA LEAVE SECTION 11. MILITARY LEAVE (RCW 38.40.060) SECTION 12. PROFESSIONAL LEAVE SECTION 13. PERSONAL LEAVE SECTION 14. OTHER LEAVE 27 27 27 28 28 29 29 29 30 30 30 30 30 30 31 ARTICLE VIII – FISCAL SECTION 1. WORK DAY SECTION 2. WORK YEAR SECTION 3. PER DIEM DAYS SECTION 4. SALARY SCHEDULE CALCULATIONS SECTION 5. PAYMENT SECTION 6. PROVISIONS GOVERNING EMPLOYEES' SALARY SCHEDULE SECTION 7. SALARY COMPLIANCE SECTION 8. SUPPLEMENTAL CONTRACTS SECTION 9. INSURANCE BENEFITS SECTION 10. OTHER DEDUCTIONS SECTION 11. TRAVEL SECTION 12. BUILDING BUDGET COMMITTEE 32 32 32 32 33 33 34 35 35 36 36 36 36 ARTICLE IX - GRIEVANCE PROCEDURE SECTION 1. DEFINITIONS SECTION 2. PURPOSE/REPRESENTATION SECTION 3. PROCEDURE SECTION 4. ARBITRATION SECTION 5. LITIGATION COSTS SECTION 6. ELECTION OF REMEDIES SECTION 7. TIME LIMITS SECTION 8. GRIEVANCE AND ARBITRATION HEARINGS SECTION 9. INDIVIDUAL COMPLAINTS SECTION 10. CONTINUITY OF GRIEVANCE SECTION 11. EXCLUSION FROM ARBITRATION 37 37 37 37 38 39 39 39 39 39 39 39 ARTICLE X – DURATION SECTION 1. TERM OF AGREEMENT 41 41 CEREA/CERSD CBA 2012 - 2015 – p. 76 SECTION 2. RE-OPENERS 41 APPENDICES: APPENDIX A SALARY SCHEDULE 42 APPENDIX B EXTRA CURRICULAR PAY SCHEDULE 43 APPENDIX C-1A CERTIFICATED PERSONNEL EVALUATION REPORT APPENDIX C-1B CERTIFICATED PERSONNEL EVALUATION REPORT (SHORT FORM) APPENDIX C-1C TEACHER OBSERVATION 45 47 48 APPENDIX C-2A CERTIFICATED SUPPORT PERSONNEL EVALUATION REPORT APPENDIX C-2B CERTIFICATED SUPPORT PERSONNEL EVALUATION REPORT (SHORT FORM) APPENDIX C-2C CERTIFICATED SUPPORT OBSERVATION 50 52 53 APPENDIX C-3A CERTIFICATED PERSONNEL/TEACHER EVALUATION GUIDELINES APPENDIX C-3B COMMUNICATION DISORDERS SPECIALIST EVALUATION GUIDELINES APPENDIX C-3C GUIDANCE AND COUNSELING PERSONNEL EVALUATION GUIDELINES APPENDIX C-3D OCCUPATIONAL THERAPIST/PHYSICAL THERAPIST EVALUATION GUIDELINES APPENDIX C-3E SCHOOL PSYCHOLOGIST EVALUATION GUIDELINES 55 57 59 61 63 APPENDIX C-4A PROFESSIONAL GROWTH PLAN FORM APPENDIX C-4B PROFESSIONAL GROWTH PLAN ASSESSMENT FORM 65 66 APPENDIX D DUES AUTOMATIC PAYROLL DEDUCTION 67 APPENDIX E JUST CAUSE/SEVEN KEY TESTS 68 APPENDIX F GRIEVANCE REVIEW REQUEST FORM 69 APPENDIX G SCHOOL CALENDAR 71 APPENDIX H NON-STUDENT DAYS 71 SIGNATORIES 73 CEREA/CERSD CBA 2012 - 2015 – p. 77 INDEX Academic Freedom Assignment of Employees Association Leave Association Rights & Responsibilities Building Budget Committee Conformity to Law Controversial Topics Curriculum Development Definitions Distribution of Contract Due Process Dues Automatic Payroll Deduction Dues Deduction Employee Facilities Employee Protection Employee Responsibilities Evaluation Action by the Employee Criteria Probation Procedures Professional Growth Plan Purposes Remediation & Pre-probation Responsibility for Evaluation Timelines Use of Results Evaluation Forms--Certificated Personnel: Evaluation Report Evaluation Report (short form) Observation Evaluation Forms--Certificated Support Personnel: Evaluation Report Evaluation Report (short form) Observation Form Evaluation Guidelines: Certificated Personnel/Teacher Communications Disorders Specialist Guidance & Counseling Personnel Occupational & Physical Therapists School Psychologist Extra Curricular Pay Schedule Grading Grievance Arbitration Continuity of Grievance Definitions Election of Remedies Exclusion from Arbitration Grievance/Arbitration Hearings Individual Complaints Litigation Costs Procedure Purpose/Representation Review Request Form Time Limits Hiring Practices Hiring Practices Insurance Benefits Issuance of Contracts Issuance of Contracts 25 9 6 4 37 3 25 24 2 3 7 66 5 24 9 7 15 13 15 14 16 11 15 12 12 11 44 46 47 49 51 52 54 56 58 60 62 42 25 37 38 36 38 38 38 38 38 36 36 68 38 7 7 35 4 4 Layoff and Recall Seniority List Initiation of layoff Progress & Services Retention Procedures Employment Pool Recall Benefits Action by the Employee Leaves Bereavement Cashout Childrearing Emergency Family Illness Jury Duty Maternity/Paternity Leave Military Other Leave Personal professional Sick Sick Leave Sharing Subpoena Just Cause/Seven Key Tests Management Rights Meeting with Administration Non-Discrimination Observations Procedures Per Diem Days Personnel Files Preparation Periods Printing of Contract Probation Professional Growth Plan Assessment Form Professional Growth Plan Form Professional Growth Plan Recognition Re-Openers Salary Compliance Other Deductions Payment Schedule Calculations Schedule Provisions Schedule School Calendar Seniority List Sick Leave Cash-Out Sick Leave Sharing Signatories Status of the Agreement Status of the Agreement Student Discipline Supplemental Contracts Term of Agreement Transfer of Employees Transfer of Employees Travel Work Day Work Load Work Year CEREA/CERSD CBA 2012 - 2015 – p. 78 19 19 19 20 21 22 22 29 27 28 28 29 29 28 29 30 29 29 26 27 29 67 4 6 7 12 32 8 23 3 15 65 64 15 2 40 34 35 32 32 33 41 70 19 27 27 71 2 2 23 34 40 9 9 35 31 23 31