Negotiated Agreement 2010-2014 Issaquah Education Association Issaquah School District
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Negotiated Agreement 2010-2014 Issaquah Education Association Issaquah School District
Negotiated Agreement 2010-2014 Issaquah Education Association Issaquah School District TABLE OF CONTENTS Preamble Article 1: Article 2: 1 Personnel -- Rights and Responsibilities 1 Section 1.1 Individual Rights ............................................................................. 1 Section 1.1.1 Against Discrimination.................................................................... 1 Section 1.1.2 Legal............................................................................................... 1 Section 1.1.3 Liability ........................................................................................... 1 Section 1.2 Right of Due Process ..................................................................... 1 Section 1.2.1 Letter of Direction ........................................................................... 1 Section 1.3 Progressive Discipline .................................................................... 1 Section 1.4 Academic Freedom ........................................................................ 2 Section 1.4.1 Academic Freedom -- Definition..................................................... 2 Section 1.4.2 Academic Freedom -- Guidelines .................................................. 2 Section 1.5 School Visitors ............................................................................... 2 Section 1.5.1 Parents and Other Community Members ...................................... 2 Section 1.5.2 School Visitors -- Guidelines and Procedures ............................... 2 Section 1.5.3 Principal's General Visitations ........................................................ 3 Section 1.6 Parent Complaints .......................................................................... 3 Section 1.7 Staff Communication ...................................................................... 3 Section 1.8 Video or Audio Taping.................................................................... 3 Section 1.9 Certificated Files ............................................................................ 3 Section 1.9.1 Personnel Files .............................................................................. 3 Section 1.9.2 Building Files .................................................................................. 4 Section 1.10 Student Discipline .......................................................................... 5 Section 1.10.1 Expectations of Student Behavior .................................................. 5 Section 1.10.2 Learning Atmosphere ..................................................................... 5 Section 1.10.3 Support of Reasonable and Prudent Judgment ............................. 5 Section 1.10.4 Student Suspension or Expulsion .................................................. 5 Section 1.10.5 Instruction on Due Process, etc., for Certificated Employees........ 5 Section 1.10.6 Dangerous and Disruptive Students .............................................. 5 Section 1.10.6.1 Removal ......................................................................................... 5 Section 1.10.7 Threat of Injury, Weapons and Other Dangerous Devices on School Property or at School Activities .......................................... 6 Conditions of the Work Day and Duties 7 Section 2.1 Work Day Defined .......................................................................... 7 Section 2.2 Preparation Time ............................................................................ 7 Section 2.3 Time for Professional Development and Professional Work ......... 7 Section 2.3.1 Time for Professional Development and Professional Work ......... 7 Section 2.3.2 Establishment of Goals .................................................................. 7 Section 2.3.3 Time Structure for Wednesdays..................................................... 8 Section 2.3.4 Accountability ................................................................................. 8 Section 2.3.5 Elementary Educational mission defined, staff designed time....... 8 Section 2.3.5.1 AM Kindergarten Mission Directed Staff Designed ........................ 9 Section 2.3.6 Parent Conferences outside the contracted day ............................ 9 Section 2.3.7 Required meetings during education mission defined, staff designed time on Wednesdays. Guidance Teachers, Evaluation Group meetings and IEP meetings ................................................ 9 Section 2.4 Student Contact Time .................................................................... 9 Section 2.5 Teacher and Professional Meetings .............................................. 9 Section 2.6 Evaluation Group (EG)/IEP Meetings ............................................ 9 Section 2.7 Teacher Support Teams (TST) ...................................................... 9 Section 2.7.1 Guidance Team .............................................................................. 10 Section 2.8 Middle School Program .................................................................. 10 Section 2.9 Inclement Weather and Emergencies ............................................ 10 Section 2.9.1 Inclement Weather ......................................................................... 10 i Article 3 Article 4 Section 2.9.2 Emergency Conditions ................................................................... 10 Section 2.10 Employee Facilities ........................................................................ 10 Section 2.10.1 Facilities and Equipment ................................................................ 10 Section 2.10.2 Access to Facilities ......................................................................... 10 Section 2.10.3 Parking ........................................................................................... 11 Section 2.10.4 Appropriate Work Area................................................................... 11 Section 2.10.5 Safe and Healthy Working Environment ........................................ 11 Section 2.11 General Duties and Responsibilities of Teachers .......................... 11 Section 2.11.1 Role of the Teacher........................................................................ 11 Section 2.11.2 Primary Responsibilities of the Teacher ........................................ 11 Section 2.11.3 Additional Duties ............................................................................ 12 Section 2.11.4 Classified Staff Evaluation ............................................................. 13 Section 2.12 Instructional Technology ................................................................ 13 Section 2.12.1 Technology Proficiency .................................................................. 13 Section 2.12.2 Training Support ............................................................................. 13 Section 2.12.3 Access to Training and Equipment ................................................ 13 Section 2.12.4 Instructional Use of Technology ..................................................... 14 Section 2.12.5 Creation of Curriculum ................................................................... 14 Section 2.12.6 Disseminating Curriculum .............................................................. 14 Section 2.12.7 Evaluation on Use of Technology .................................................. 14 Section 2.12.8 Communication Norms................................................................... 14 Section 2.12.9 District Changes to Instructional Software and Hardware ............. 15 Section 2.13 Technology Use and E-Mail Procedures for Staff .......................... 15 Section 2.13.1 Acceptable Uses ............................................................................ 16 Section 2.13.2 Unacceptable Uses ........................................................................ 16 Section 2.13.3 Violations/Sanctions ....................................................................... 16 Section 2.13.4 Privacy Section .............................................................................. 17 Section 2.13.5 Security .......................................................................................... 17 Section 2.13.6 Software Additions ......................................................................... 17 Section 2.14 Special Education Mentoring ......................................................... 17 Evaluation, Plans of Improvement, Probation, and Non-Renewal 18 Section 3.1 Evaluation....................................................................................... 18 Section 3.1.1 General Provisions ......................................................................... 18 Section 3.1.2 Responsibility for Evaluation .......................................................... 18 Section 3.1.3 Evaluation Criteria .......................................................................... 19 Section 3.1.4 Evaluation Requirements ............................................................... 19 Section 3.1.5 Evaluation Procedures for Summative Strand ............................... 19 Section 3.1.6 Evaluation Procedures for Formative Strand ................................. 21 Section 3.1.7 Year End Assessment.................................................................... 22 Section 3.1.8 Evaluation Calendar ....................................................................... 22 Section 3.1.9 District/Association Evaluation Committee .................................... 22 Section 3.1.10 Echo Glen Summer School Evaluation .......................................... 22 Section 3.2 Probation ........................................................................................ 22 Section 3.2.1 The Probationary Period ................................................................ 23 Section 3.2.2 Establishment of Probationary Period ............................................ 22 Section 3.2.3 Evaluation During the Probationary Period .................................... 23 Section 3.2.4 Action by the Superintendent ......................................................... 23 Section 3.3 Appeal by Employee ...................................................................... 24 Section 3.3.1 Notice of Probable Cause .............................................................. 24 Section 3.4 Other Provisions ............................................................................. 24 Section 3.5 Non-Continuing and Provisional Contracts .................................... 24 Section 3.5.1 Definitions and Process ................................................................. 24 Hiring, Assignment, and Transfer 25 Part A Employee Initiated Transfers ......................................................... 25 Section 4.1.1 Responsibility ................................................................................. 25 Section 4.1.2 Assignments ................................................................................... 25 Section 4.1.3 Vacancy Defined ............................................................................ 25 Section 4.1.4 Definitions....................................................................................... 25 ii Section 4.1.5 Section 4.1.6 Section 4.1.7 Section 4.1.8 Section 4.1.8.1 Section 4.1.8.2 Section 4.1.9 Section 4.1.10 Section 4.1.11 Section 4.1.11.1 Section 4.1.11.2 Section 4.1.11.3 Section 4.1.11.4 Section 4.1.11.5 Section 4.1.11.6 Part B Section 4.1.12 Section 4.1.13 Section 4.1.14 Section 4.1.15 Section 4.1.16 Section 4.1.17 Section 4.1.18 Section 4.1.19 Section 4.1.20 Section 4.1.21 Section 4.1.22 Section 4.1.22.1 Section 4.1.22.2 Section 4.1.22.3 Section 4.1.22.4 Section 4.1.22.5 Section 4.1.22.6 Section 4.1.22.7 Section 4.1.22.8 Section 4.1.23 Part C Section 4.1.24 Section 4.1.25 Section 4.1.26 Section 4.1.26.1 Section 4.1.26.2 Section 4.1.26.3 Section 4.1.26.4 Section 4.1.27 Section 4.1.28 Section 4.1.28.1 Section 4.1.28.2 Section 4.1.28.3 Section 4.1.28.4 Section 4.1.29 Section 4.1.29.1 Section 4.1.29.2 Section 4.1.29.3 Section 4.1.29.4 Section 4.1.29.5 Section 4.2 Section 4.2.1 Section 4.2.2 Procedures Within a Building or Program ...................................... 25 Notification of Available Positions .................................................. 26 Request for Transfer ...................................................................... 26 Communications Regarding Available Positions ........................... 26 Employee Responsibilities ............................................................. 27 District Responsibility ..................................................................... 27 Transfer Limits ............................................................................... 27 Transfer Procedure ........................................................................ 28 Transfer Interviews ......................................................................... 29 Specific Criteria .............................................................................. 29 General Criteria .............................................................................. 29 Process .......................................................................................... 29 Transfer/Reassignment Mentor Program ....................................... 30 Certificated Staff assigned to Support Positions ............................ 30 Certificated Staff assigned to Support Positions Return Rights..... 31 District Initiated Transfers and Assignments.................................. 31 Responsibility ................................................................................. 31 Definitions....................................................................................... 31 Transfers Necessary ...................................................................... 31 Position Preparation Qualifications ................................................ 32 Excessing ....................................................................................... 32 Release Time/Per Diem Pay for District Initiated Transfers and Reassignments .............................................................................. 33 Custodial Assistance ...................................................................... 34 Notification...................................................................................... 34 Review of Reasons for Transfer .................................................... 34 School Closure ............................................................................... 34 School Opening .............................................................................. 34 Staffing of a New School ................................................................ 34 Core Team ..................................................................................... 34 Qualifications of Core Staff ............................................................ 35 Selection of Core Staff ................................................................... 35 Selection of Remaining Staff .......................................................... 35 Responsibilities for Core Staff ........................................................ 35 Compensation for Core Team ........................................................ 35 Compensation for All Staff ............................................................. 36 New Instructional Programs ........................................................... 36 Advertising and Posting ................................................................. 36 Position Posting ............................................................................. 36 Trade with a Colleague .................................................................. 36 Job Share ....................................................................................... 36 Approval ......................................................................................... 36 Benefits .......................................................................................... 36 Return to Full Time ......................................................................... 37 Other .............................................................................................. 37 Administrators ................................................................................ 37 Echo Glen Summer School or District Summer School ................. 37 Echo Glen Summer School ............................................................ 37 District Summer School.................................................................. 37 Assignments for Summer School ................................................... 37 Retire/Rehire Staff .......................................................................... 38 Instructional Realignment............................................................... 38 Retraining Program ........................................................................ 38 When Retraining Needs Eclipse District's Program ....................... 38 Implementation ............................................................................... 39 Unsatisfactory Evaluation............................................................... 39 Consequences of Failure to Meet Timeline ................................... 39 Selection of Non-Administrative Certificated Personnel ................ 39 Board Commitment ........................................................................ 39 Prior to Selection ............................................................................ 39 iii Section 4.2.3 Section 4.2.4 Section 4.2.5 Section 4.2.6 Section 4.2.7 Section 4.2.8 Section 4.2.9 Section 4.2.10 Section 4.2.11 Section 4.2.12 Section 4.2.13 Article 5 Posting ........................................................................................... 39 Selection Criteria ............................................................................ 40 Interview Team ............................................................................... 40 Availability of Team Members ........................................................ 40 Gender and Minority Representation ............................................. 40 Team Recommendations ............................................................... 40 Manager Recommendations .......................................................... 40 Instruction in Interviewing and Selection Techniques .................... 40 Selection Process for High School Department Chairpersons ...... 40 Selection Timing for High School Department Chairpersons ........ 40 Selection Process for Elementary Grade Level Team Leaders and Middle School Team Leaders ................................................. 41 Section 4.2.14 Selection Timing for Elementary Grade Level Team Leaders and Middle School Team Leaders ................................................. 41 Compensation, Insurance, and Co-Curricular 42 Section 5.1 Salary ............................................................................................. 42 Section 5.1.1 Intent to Comply with Law .............................................................. 42 Section 5.1.2 OSPI Compliance Standard ........................................................... 42 Section 5.1.3 With Regard to Salary (base coming from State) .......................... 42 Section 5.1.3.1 Learning Improvement Days .......................................................... 42 Section 5.1.3.2 Per Diem Days ............................................................................... 43 Section 5.1.3.3 Additional Responsibility Compensation ........................................ 43 Section 5.1.3.4 Professional Growth and Incentive Fund (PGIF) ........................... 44 Section 5.1.3.4.1 Professional Development Pay ...................................................... 45 Section 5.1.3.5 Longevity ........................................................................................ 45 Section 5.1.3.6 Step 16 -- MA+90 Bonus ................................................................ 45 Section 5.1.3.6.1 Retention Stipend ........................................................................... 45 Section 5.1.3.7 Salary Warrants/Verifications ......................................................... 45 Section 5.1.3.8 Direct Deposit Banking................................................................... 46 Section 5.2 Extended Contracts........................................................................ 46 Section 5.3 OT/PT ............................................................................................. 46 Section 5.4 Covering Classes ........................................................................... 46 Section 5.5 Proctoring Tests ............................................................................. 46 Section 5.6 Auto Expenses ............................................................................... 46 Section 5.7 Co-Curricular Activities................................................................... 46 Section 5.8 504 Coordination ............................................................................ 46 Section 5.9 Professional Non-Education Experience ....................................... 46 Section 5.10 Additional Professional Training .................................................... 47 Section 5.10.1 Salary Placement ........................................................................... 47 Section 5.10.2 Misplacement on the Salary Schedule........................................... 47 Section 5.10.3 Teaching Experience Within the District ........................................ 47 Section 5.10.4 Experience in Other School Districts ............................................. 47 Section 5.10.5 American Supported Schools......................................................... 47 Section 5.10.6 Military Experience ......................................................................... 47 Section 5.11 Credits and Clock Hours ................................................................ 47 Section 5.12 Mix Factor....................................................................................... 48 Section 5.13 Compensation for Additional Duties ............................................... 48 Section 5.13.1 Professional Rate of Pay................................................................ 48 Section 5.13.2 Part-Time Staff ............................................................................... 48 Section 5.13.3 Traffic Safety Instruction ................................................................ 49 Section 5.13.4 Two or More Persons with Equal Responsibilities ......................... 49 Section 5.13.5 Application of Teaching Skills ........................................................ 49 Section 5.13.6 Retreat Pay .................................................................................... 49 Section 5.13.7 Elementary Music Teachers........................................................... 49 Section 5.13.8 Developing Elementary Schedule of Classes ................................ 49 Section 5.13.9 Secondary Club Advisor................................................................. 49 Section 5.14 Co-Curricular Program ................................................................... 49 Section 5.14.1 Commission.................................................................................... 49 Section 5.14.2 New Positions ................................................................................ 49 iv Article 6 Section 5.14.3 Section 5.15 Section 5.15.1 Section 5.15.2 Section 5.15.3 Section 5.15.4 Section 5.15.5 Section 5.15.6 Section 5.16 Section 5.16.1 Section 5.16.2 Section 5.16.3 Section 5.17 Section 5.17.1 Section 5.18 Section 5.18.1 Section 5.19 Section 5.20 Section 5.20.1 Section 5.21 Section 5.21.1 Section 5.21.2 Section 5.21.3 Leave Section 6.1 Section 6.1.1 Section 6.1.1.1 Section 6.1.1.2 Section 6.1.2 Section 6.1.3 Section 6.1.4 Section 6.1.5 Section 6.1.6 Section 6.1.7 Section 6.1.8 Section 6.1.9 Section 6.2 Section 6.2.1 Section 6.2.2 Section 6.2.3 Section 6.2.4 Section 6.3 Section 6.3.1 Section 6.3.2 Section 6.3.3 Section 6.4 Section 6.4.1 Section 6.5 Section 6.5.1 Section 6.5.2 Section 6.5.3 Section 6.5.4 Section 6.6 Section 6.6.1 Section 6.7 Section 6.8 Section 6.8.1 Section 6.9 Section 6.10 Elementary Club/Activity/Leadership Funds .................................. 49 Extended Contracts........................................................................ 50 Curriculum Projects and Workshops .............................................. 50 Psychologist Extended Contracts .................................................. 50 Nurses Contracts ........................................................................... 50 Special Education OTs/PTs and SLPs .......................................... 50 Librarians........................................................................................ 50 Counselors ..................................................................................... 50 Teacher Involvement in Curriculum Development ......................... 50 District Committees ........................................................................ 50 Compensation for Committee Work ............................................... 50 Individuals Conducting Workshops ................................................ 51 Insurance Benefits ......................................................................... 51 Participation and Funding .............................................................. 51 Medical Insurance Deductions ....................................................... 52 Employee Portion ........................................................................... 52 Employee Assistance Program ...................................................... 52 Required Deductions...................................................................... 52 State and Federal........................................................................... 52 Miscellaneous Deductions ............................................................. 52 Options ........................................................................................... 52 Eligibility of Optional Plans ............................................................. 52 New Plans ...................................................................................... 52 53 Illness, Injury, and Emergency Leave ............................................ 53 Illness, Injury, and Emergency Leave -- Annual ............................ 53 Medical Leave ................................................................................ 53 Emergency Leave .......................................................................... 53 Physician's Verification................................................................... 53 Attendance Incentive...................................................................... 53 Illness, Injury, and Emergency Leave Expended ........................... 54 Pregnancy ...................................................................................... 54 Paternity Leave .............................................................................. 54 Adoption Leave .............................................................................. 54 Leave Requested in Advance ........................................................ 54 Reinstatement at Return ................................................................ 54 Illness, Injury, and Emergency Leave Sharing............................... 54 Illness, Injury, and Emergency Leave Sharing Conditions ............ 55 Implementation of Illness, Injury, and Emergency Leave .............. 55 Procedures for Illness, Injury, and Emergency Leave Sharing ...... 55 Use of Donated Leave ................................................................... 55 Personal Leave .............................................................................. 55 Personal Leave Conditions ............................................................ 55 Unpaid Personal Leave .................................................................. 57 Personal Leave Alternatives .......................................................... 57 Bereavement Leave ....................................................................... 57 Conditions ...................................................................................... 57 Court Appearances ........................................................................ 57 Subpoena ....................................................................................... 57 Party to Litigation or a Voluntary Witness ...................................... 57 Compensation for Court Appearances........................................... 57 Jury Duty ........................................................................................ 57 Military Leave ................................................................................. 57 Terms ............................................................................................. 57 Flex-time Leave for Religious Purposes ........................................ 57 Leave with Pay Minus Substitute Costs ......................................... 58 Reasons for Leave ......................................................................... 58 Child Care Leave ........................................................................... 58 Family Medical Leave .................................................................... 59 v Section 6.11 Section 6.11.1 Part A Section 6.11.2 Section 6.11.3 Section 6.11.4 Part B Section 6.11.5 Section 6.11.6 Article 7 Article 8 Article 9 Leave Without Pay ......................................................................... 60 Insurance Coverage ....................................................................... 60 Leave Without Pay -- Short Term .................................................. 60 Personal Reasons .......................................................................... 60 Extension of Illness, Injury, and Emergency Leave ....................... 60 Reinstatement ................................................................................ 60 Leave Without Pay -- Long Term ................................................... 60 Terms ............................................................................................. 60 Leave of Absence as Extension of Illness, Injury, and Emergency Leave .......................................................................... 60 Section 6.11.7 Deadline for Notification of Intent to Take a Leave ........................ 60 Section 6.11.8 Deadline for Notification of Intent to Return or Resign .................. 60 Section 6.11.9 Placement upon Return from Leave .............................................. 60 Instruction 61 Section 7.1 Class Size and Class Load ............................................................ 61 Section 7.1.1 Class Size Standards ..................................................................... 61 Section 7.1.2 Integrated Classes ......................................................................... 61 Section 7.1.3 Overload EA Allocation Guidelines ................................................ 62 Section 7.1.4 Conditions ...................................................................................... 63 Section 7.1.5 Meeting........................................................................................... 64 Section 7.1.6 Elementary Parent Conference Time ............................................. 64 Section 7.1.7 Special Education Stipend and Staffing Systems .......................... 65 Section 7.1.7.1 Special Education Special Projects Fund ...................................... 67 Section 7.1.8 Grade Reporting for Grades 6-12 .................................................. 67 Section 7.1.9 Related Services Caseloads .......................................................... 67 Section 7.1.9.1 Team Leader for Related Services ................................................ 67 Section 7.1.9.2 Issaquah School District Health Services ...................................... 67 Section 7.1.9.3 Nurses’ Adjusted Calendar ............................................................ 68 Section 7.1.10 Role of the ISD/IEA Steering Committee ....................................... 68 Section 7.1.11 Staffing of Other Program Staff ...................................................... 69 Section 7.1.11.1 Counselors ..................................................................................... 69 Section 7.1.11.2 Library Support Services ................................................................ 69 Section 7.2 Attendance Policy .......................................................................... 69 Section 7.3 ELL (English Language Learner) Materials ................................... 69 Section 7.4 In-Service ....................................................................................... 69 Section 7.5 Teaching and Learning Services (TLS) Leadership Committee .... 69 Section 7.6 Assessment Committee ................................................................. 70 Section 7.7 New Teacher Induction .................................................................. 70 Grievance 72 Section 8.1 Purpose .......................................................................................... 72 Section 8.1.1 Means for the Resolution of Personnel Problems.......................... 72 Section 8.1.2 Definitions....................................................................................... 72 Section 8.2 General Conditions ........................................................................ 72 Section 8.2.1 Individual Rights ............................................................................. 72 Section 8.2.2 Grievant Representation ................................................................ 72 Section 8.2.3 Rights to Representation................................................................ 72 Section 8.2.4 Association May Continue to Arbitration ........................................ 72 Section 8.2.5 Association May Submit to Superintendent ................................... 72 Section 8.2.6 Time Limits ..................................................................................... 72 Section 8.3 Supplemental Conditions of Grievance Procedures ...................... 74 Lay-off and Recall 75 Section 9.1 Responsibility and Definitions ........................................................ 75 Section 9.1.1 Responsibility ................................................................................. 75 Section 9.1.2 Definitions....................................................................................... 75 Section 9.2 Seniority Placement ....................................................................... 75 Section 9.2.1 Seniority Placement List................................................................. 75 Section 9.2.2 Placement of Employees to be Laid Off......................................... 76 Section 9.3 General Provisions of Lay-off and Recall....................................... 76 vi Article 10 Article 11 Section 9.4 Lay-Off............................................................................................ 77 Section 9.4.1 Probable Cause Notification........................................................... 77 Section 9.5 Recall ............................................................................................. 77 Miscellaneous Provisions 79 Section 10.1 Auxiliary Classified Personnel ........................................................ 79 Section 10.1.1 Support to the Instructional Program ............................................. 79 Section 10.1.2 Not Substitute for Certificated Staff ................................................ 79 Section 10.1.3 Selection and Evaluation................................................................ 79 Section 10.2 Affirmative Action ........................................................................... 79 Section 10.2.1 Commitment ................................................................................... 79 Section 10.2.2 Removal of Barriers ....................................................................... 79 Section 10.2.3 Goals .............................................................................................. 79 Section 10.2.4 Equality of Educational Opportunity ............................................... 79 Section 10.2.5 Employment and Educational Program ......................................... 79 Section 10.2.6 Affirmative Action Designee ........................................................... 80 Section 10.2.7 Affirmative Action Committee ......................................................... 80 Section 10.2.8 Future Budget Planning ................................................................. 80 Section 10.3 Substitute Teachers ....................................................................... 80 Section 10.3.1 Compensation ................................................................................ 80 Section 10.3.2 Twenty (20) Consecutive Days for the Same Teacher .................. 80 Section 10.3.3 Replacing Regular Teacher ........................................................... 80 Section 10.3.4 SLP, OT, or PT Substitute.............................................................. 80 Section 10.3.5 SAGE Teacher Substitute .............................................................. 80 Section 10.3.6 Guide for Substituting..................................................................... 80 Section 10.3.7 In-Service Opportunities for Substitutes ........................................ 80 Section 10.3.8 Agreement Provisions Applicable to Substitutes ........................... 80 Section 10.3.9 Substitutes Hired for Open Position ............................................... 81 Section 10.3.10 Substitute for the Remainder of the Year....................................... 81 Section 10.3.11 Leave for Substitutes ..................................................................... 81 Section 10.4 Student Teachers ........................................................................... 81 Section 10.4.1 Responsibilities and Definition ....................................................... 81 Section 10.4.2 The Responsibilities of the Cooperating Teacher .......................... 81 Section 10.4.3 The Responsibilities of the Building Principal ................................ 81 Section 10.4.4 The Responsibilities of the Superintendent’s designee 81 Section 10.5 Exchange Teaching Program......................................................... 82 Section 10.5.1 District's Commitment .................................................................... 82 Section 10.5.2 Guidelines ...................................................................................... 82 Section 10.6 Enrollment of Certificated Staff Children ........................................ 83 Section 10.7 Department Heads/Team Leaders/Area Leaders .......................... 83 Administration of the Contract 84 Section 11.1 Exclusive Recognition .................................................................... 84 Section 11.1.1 Issaquah Education Association .................................................... 84 Section 11.1.2 Definition of Terms ......................................................................... 84 Section 11.1.3 Unit Clarification ............................................................................. 84 Section 11.2 Rights, Functions, and Implementations ........................................ 84 Section 11.2.1 Rights and Functions of the Association ........................................ 84 Section 11.2.2 Management Rights Reserved Unless Relinquished .................... 84 Section 11.2.3 Agreement Becomes Effective ....................................................... 84 Section 11.2.4 Supersedes Other Rules ................................................................ 84 Section 11.2.5 Detraction from Prior Terms of Employment.................................. 84 Section 11.3 Agreement Compliance.................................................................. 85 Section 11.3.1 Agreement is Controlling ................................................................ 85 Section 11.3.2 Educational Employment Relations Act and PERC ....................... 85 Section 11.4 Agreement Administration .............................................................. 85 Section 11.4.1 Association President and the Superintendent Meet ..................... 85 Section 11.5 Conformity to Law / Saving Clause ................................................ 85 Section 11.6 Distribution of Agreement............................................................... 85 Section 11.6.1 District Prints, Distributes ............................................................... 85 vii Article 12 Article 13 Section 11.6.2 Copies to New Employees, Applicants .......................................... 85 Section 11.6.3 Receipt Before First Warrant.......................................................... 85 Section 11.7 Terms and Issuance of this Agreement ......................................... 85 Section 11.7.1 District Policies ............................................................................... 85 Section 11.7.2 Negotiated Policies ........................................................................ 85 Section 11.7.3 Employee Contracts ....................................................................... 86 Section 11.7.4 Agreement Controls Individual Language ...................................... 86 Section 11.8 Building Decision Making Process ................................................. 86 Section 11.9 Waiver Policy.................................................................................. 86 Section 11.10 Contracting Out .............................................................................. 87 Section 11.10.1 Limits .............................................................................................. 87 Section 11.11 Collaborative Problem Solving ....................................................... 87 Section 11.11.1 Conditions ...................................................................................... 87 Association Rights and Business 88 Section 12.1 Orientation of Staff ......................................................................... 88 Section 12.1.1 Participation of President ............................................................... 88 Section 12.1.2 New Employees ............................................................................. 88 Section 12.1.3 Association Notification of Employees and Assignments .............. 88 Section 12.2 Right to Join and Support Association ........................................... 88 Section 12.2.1 Legal Protection ............................................................................. 88 Section 12.3 Membership Deductions ................................................................ 88 Section 12.3.1 Exclusive Rights ............................................................................. 88 Section 12.3.2 Dues and Representation Fee Deduction ...................................... 88 Section 12.3.3 Agency Shop .................................................................................. 88 Section 12.3.4 District's Obligation......................................................................... 89 Section 12.4 Representation Fee Deductions .................................................... 89 Section 12.4.1 District Deducts .............................................................................. 89 Section 12.5 Charitable Organization Deductions .............................................. 89 Section 12.5.1 Religious Objection ........................................................................ 89 Section 12.5.2 Assigned Wages ............................................................................ 89 Section 12.6 Leave for the Association President .............................................. 89 Section 12.6.1 Length of Leave ............................................................................. 89 Section 12.6.2 Wages and Reimbursement........................................................... 89 Section 12.6.3 Assignment Upon Return ............................................................... 89 Section 12.6.4 Association Indemnifies and Holds District Harmless .................... 89 Section 12.7 Association Rights -- Miscellaneous .............................................. 89 Section 12.7.1 Use of School Facilities and Equipment ........................................ 89 Section 12.7.2 Post Notices ................................................................................... 90 Section 12.7.3 Intra-District Mail ............................................................................ 90 Section 12.7.4 Appointing IEA Members to Committees ....................................... 90 Section 12.7.5 District Financial Resources........................................................... 90 Section 12.7.5.1 District Budget Process .................................................................. 90 Section 12.7.5.2 Building Budget / Staff Involvement ............................................... 90 Section 12.7.6 Visitations ....................................................................................... 90 Section 12.7.7 Association Business During Work Hours ..................................... 90 Business -- Instructional Materials Selection 91 Section 13.1 Legal Reference for Instructional Materials Selection ................... 91 Section 13.2 Charge to the Adoption Committee for Selection of Instructional Materials ......................................................................................... 91 Section 13.3 Definition of Terms ......................................................................... 91 Section 13.4 Review and Selection of Standard Materials for District Adoption, K-12 ................................................................................................ 92 Section 13.5 Procedure for Instructional Materials Committee ........................... 92 Section 13.5.1 Standard Instructional Materials..................................................... 92 Section 13.5.2 Instructional Materials Committee .................................................. 92 Section 13.5.3 Procedure for Selecting Library Resource Materials ..................... 96 Section 13.5.4 Challenged Materials ..................................................................... 97 Section 13.5.4.1 Definition of Complainant ............................................................... 97 viii Section 13.5.5 Review and Selection of Basic Materials for District Adoption, K-12 ................................................................................................ 98 Article 14 Duration and Calendar Preferences 100 Section 14.1 Calendar ......................................................................................... 100 Section 14.1.1 Calendar Preferences .................................................................... 100 Section 14.2 Laws, Ratification ........................................................................... 100 Section 14.3 Duration and Entire Agreement ..................................................... 100 Section 14.3.1 Circumstances to Allow Opening Agreement ................................ 100 Section 14.3.2 Effective Dates for Changes .......................................................... 100 Section 14.3.3 Time of Agreement......................................................................... 100 Section 14.3.4 Agreement Scope, Terms .............................................................. 100 Section 14.3.5 Signatories ..................................................................................... 101 Memoranda of Agreement/Understanding Regarding Communication Plan.................................................................................. 102 Regarding Continuing Certification.............................................................................. 103 Regarding ESA Caseload and Impact of Related Services ........................................ 104 Regarding Grade Reporting ........................................................................................ 105 Regarding Retiree Health Reimbursement Plan-VEBA .............................................. 106 Regarding Safe Learning Environment ....................................................................... 108 Regarding Supporting Students with High Needs ....................................................... 109 Addendum Forms and Where to Find Them (Addendum A) ......................................................... 110 2010-11 District Calendar (Addendum B) ................................................................... 111 2011-12 District Calendar (Addendum B) ................................................................... 112 2012-13 District Calendar (Addendum B) ................................................................... 113 2013-14 District Calendar (Addendum B) ................................................................... 114 200710-11 Certificated Salary Schedule (Addendum C) ............................................ 115 2010-2011 Co-Curricular Salary Schedule -- IEA Positions (Addendum D) ............... 116 Co-Curricular Salary Schedule Criteria (Addendum E) ............................................... 117 Professional Certification -- Acts of Unprofessional Conduct (Addendum F) ............. 119 Index 120 ix Preamble This agreement is made and entered into by and between Issaquah School District No. 411, hereinafter called the District, acting by and through its Superintendent and Board of Directors, and the Issaquah Education Association, hereinafter called the Association. Because the Board and the Association recognize and declare that providing quality education for the children in the District is their mutual aim and that the character of such education depends upon the quality and morale of the teaching force, and Because the Board has an obligation, pursuant to the Educational Employment Relations Act, RCW 41.59, to negotiate with the Association as the representative of the employees hereinafter designated, and Because the parties have reached certain understandings that they desire to confirm in this agreement, It is hereby agreed as follows: Article 1 Personnel – Rights and Responsibilities Section 1.1 Individual Rights Section 1.1.1 Against Discrimination: Employees shall be entitled to full rights of citizenship. There shall be no discipline of or discrimination against any person because of that person’s age, sex, sexual orientation, marital status, race, creed, or color. Nor shall there be discipline or discrimination based on the presence of any sensory, mental or physical handicap, unless it is based on a bona fide occupational qualification or unless the particular disability prevents the proper job performance of the particular worker. Religious or political activities of the employee that occur outside of the workday and the private and personal life of the employee will not be grounds for disciplinary action unless such activities adversely impact the performance of assigned duties. Section 1.1.2 Legal: Nothing contained herein shall be construed to deny or restrict to any employee such rights as he or she may have under applicable laws and regulations. The rights recognized hereunder shall not be exclusive, but in addition to those provided elsewhere. Section 1.1.3 Liability: The District will defend individual employees from allegations arising out of any act or failure to act, provided that at the time of the act or omission complained of the individual was acting in good faith within the scope of his/her employment and in compliance with policies and procedures of the District. Section 1.2 Right of Due Process Section 1.2.1 Letter of Direction: A letter of direction is a directive issued by an administrator/supervisor to an employee and may result in disciplinary action if the directive provided is violated by the employee. Section 1.3. Progressive Discipline: No employee shall be disciplined except for just and sufficient cause. Discipline will be corrective rather than punitive and will, except for serious offenses, follow the following line of progression: 1) Documented as a verbal warning (dated, signed by both parties and, recorded in building file only; 2) Written reprimand (dated, signed by both parties, and recorded in building and personnel file); 1 3) Suspension with pay; 4) Suspension without pay; 5) Dismissal. Specific grounds forming the basis for disciplinary action will be made available to the employee and the association in writing at least two (2) working days prior to such action. Employees will have the right to have a representative of the Association present when being disciplined by any member of the administration. Employees have the right to face their accuser(s) and to crossexamine witnesses. To the extent possible, all disciplinary actions(s) should be completed in a timely manner. Performance evaluation and probation are not covered under this section. Section 1.4 Academic Freedom: It is the policy of the Board to educate young people in the democratic tradition, to foster recognition of individual freedom and social responsibility, and to inspire meaningful awareness of and respect for the Constitution and the Bill of Rights. These democratic values can be transmitted best in an atmosphere that avoids censorship and inappropriate restraints upon free inquiry and learning, and in which academic freedom for the teacher and the student is encouraged. Section 1.4.1 Definition: Academic freedom in the schools is defined as the following: A. B. C. D. E. The right to teach and learn about controversial issues that have economic, political, scientific, or social significance. The right to use materials that are relevant to the levels of ability and maturity of the students and to the purposes of the school system. The right to maintain a classroom environment that is conducive to the free exchange and examination of ideas that have economic, political, scientific, or social significance. The right of students to hold divergent ideas as long as the expression of their dissent is done within the guidelines of debate and discussion that are generally accepted by teachers in a normal classroom environment. The right of teachers to present balanced views relating to controversial issues as they are studied in the classroom. Section 1.4.2 Guidelines: Guidelines for selection of controversial issues to be studied in the classroom are the following: A. B. C. D. The issue should be suitable for students of the maturity and background represented in the class. The issue should provide the student an opportunity to study controversial issues that have political, economic, scientific, or social significance. The issue should provide the student competent instruction, balancing the various and/or conflicting points of view in an atmosphere free from bias and prejudice. The issue should provide the students their right to form, identify, and express their own opinions on controversial issues as long as a balanced presentation is made on conflicting positions. Section 1.5 School Visitors Section 1.5.1 Parents and Other Community Members: Principals and teachers are encouraged to provide opportunities for parents and other community members to visit school and the classrooms. These opportunities include activities such as open houses, curriculum nights, and visits to the classrooms on days when school is in session. Classroom visitations could include times when programs are presented for parents or a visitation during a regular classroom period. Section 1.5.2 Guidelines and Procedures: The following guidelines and procedures should be followed so that visitations do not cause undue interruption of the classroom program: A. B. Each school should develop a handbook that provides guidelines for classroom visitations. Visitations may be initiated by parents, community members, teachers, central office staff, or the principal. 2 C. D. E. Visitations shall be planned in advance and are to be approved by the principal and the teacher. Routine visitations by parents, helpers, and room volunteers are excepted. The time will be scheduled after the principal and the teacher have discussed the purpose of the visit. Any person whose request to visit a classroom is denied may appeal such denial to the Superintendent or designee. A reasonable amount of time will be afforded the visitors and the teacher to confer before and after the visitation, as appropriate, if the visit was made to observe a specific student or specific teacher. The principal shall clearly understand the purpose of the proposed visit. Only the principal or his/her designated representative may visit a classroom for the purpose of teacher evaluation. Section 1.5.3 Principal’s General Visitations: Nothing in the above shall preclude a principal from conducting a general visitation of the facility, including classrooms, in a manner that s/he believes to be desirable and only minimally disruptive. Section 1.6 Parent Complaints: A parent or community member shall be required to attempt to resolve a problem with the individual staff member prior to filing a parent complaint form as per Board Policy 4312. Section 1.7 Staff Communication: Staff in Issaquah are encouraged to communicate with parents and the public and may answer questions during work hours concerning educational programs and District business. Section 1.8 Video or Audio Taping: No mechanical or electronic device, including but not limited to taped recorders, shall be installed in any classroom or brought in on a temporary basis that would allow a person to be able to listen to or record the procedures in any class without the express advance knowledge and permission of the employee involved. Meetings with parents, like IEP or EG meetings, will not be recorded unless required by law or with the permission of the participants. These restrictions on recording a teacher’s classroom or meetings do not restrict the District from using video equipment for safety and security purposes. Nor does it prevent the District from using video as part of a Plan Of Improvement. Section 1.9 Certificated Files Section 1.9.1 Personnel Files: Personnel files shall be regulated as follows: A. For each certificated employee, the District shall maintain a personnel folder that shall contain the following items: 1. 2. 3. 4. B. Certificated employees may add materials to their personnel files. Materials other than those defined in A.1,2,3, and 4, above, may not be placed in a certificated employee’s file until: 1. 2. C. Application Letters of recommendation and commendation Evaluation reports Pertinent data covering salary level, additional credits, and/or degrees earned. The certificated employee has read and initialed the materials. The signature of the employee does not imply that the employee agrees with the contents of the document. The certificated employee has been given an opportunity to attach any materials of his or her choice to the material. Materials reviewed by a certificated employee and judged by that employee to be untrue, misleading, or irrelevant to employment may be removed from that employee’s file if one or more of the following criteria are met: 3 1. 2. 3. The original writer agrees with the certificated employee that the material should be removed. The Superintendent or Executive Director of Personnel agrees with the certificated employee that the material should be removed. A grievance pertaining to the disputed material is resolved. D. Confidential college credentials and other confidential pre-employment materials will be destroyed within thirty (30) days after the person has been employed. E. Personnel files (or copies) may be sent out of the District only if authorized by the certificated employee. F. A certificated employee may request a copy of any materials included in that employee’s file. If necessary, the District may make a one-dollar charge to cover the cost of producing these copies. G. Written reprimands will be removed at the employee’s request from an employee’s personnel file after two years, provided there are no additional reprimands added during the two year period. In accordance with WAC 181-88 and RCW 28A. 400.301, no information related to substantiated verbal or physical abuse or sexual misconduct may be removed from any employee file. H. Access to the certificated employee’s file shall be restricted to: 1. 2. 3. 4. 5. The Superintendent, the Executive Director of Personnel and their respective confidential staff. The certificated employee’s supervisor, principal, or administrator responsible for formal evaluation. The subject of the file. The School Board in executive session pursuant to a personnel matter. Anyone with written authorization by the certificated employee or anyone accompanied by the certificated employee whose file is being examined. I. Personnel files shall be kept in lockable files in the Personnel Department. Files of teachers who have left the District also shall be kept in lockable files in the Personnel Department, but in an inactive file. Keys to these files shall be limited to the Superintendent and the Personnel Director or their respective confidential staff. J. Inspection: 1. 2. The Personnel file of a certificated employee shall be open to his/her inspection in the presence of the Superintendent, Executive Director of Personnel , or their respective confidential staff An appointment should be made when possible. During vacations and breaks an appointment must be made in advance. A certificated employee may select a witness to be present during examination of his/her file. Section 1.9.2 Building Files: The contents of all individual files maintained by building principals and/or program managers will be shown to the respective employees. Employees will be requested to sign each document kept in their building files to acknowledge that they have seen their building/program file contents. The signature of the employee does not imply that the employee agrees with the contents of the document. An employee may attach a written statement to any document contained in his/her building file. If the individual is asked to sign the information and refuses, it will be documented that the information was shown to the individual but s/he refused to sign. Letters of Direction, documented verbal warnings, or written reprimands will be removed at the employee’s request from an employee’s building file after two years, provided there are no additional reprimands added during the two year period. In accordance with WAC 181-88 and RCW 28A.400.301, no information related to substantiated verbal or physical abuse or sexual misconduct may be 4 removed from any employee file. Every two years there will be a mandatory review of all building files. Materials in the file that are unnecessary for record keeping will be removed and destroyed. Section 1.10 Student Discipline Section 1.10.1 Expectations of Student Behavior: To maintain a sound learning environment, the District shall expect acceptable behavior on the part of all students who attend school in the District. The District recognizes the right and responsibility of a teacher to take appropriate disciplinary action to correct a student who disrupts normal classroom activities, abuses or insults a teacher, willfully disobeys a teacher, uses abusive or foul language, violates school rules, or otherwise interferes with an orderly educational process. In incidents that require administrative intervention the certificated staff member will make reasonable effort to inform the appropriate administrator as to the nature of the offense. Discipline, as that term is defined in WAC 392-400, shall be enforced fairly and consistently regardless of race, creed, sex, or status. Such discipline shall be consistent with applicable federal and state laws and shall not interfere with a student’s right to due process as set forth in WAC 392-400, Student Procedural and Substantive Due Process Rules. Discipline cases that involve Special Education or Section 504 students will be governed by applicable state and federal laws. Section 1.10.2 Learning Atmosphere: The Board shall ensure that the rules adopted pursuant to WAC 392-400 shall be interpreted to ensure that the learning atmosphere of the classroom is maintained and that the highest consideration is given to the judgment of qualified certificated employees regarding conditions necessary to maintain the learning atmosphere. Section 1.10.3 Support of Reasonable and Prudent Judgment: The Board, Superintendent, and school administrators shall support and uphold certificated employees in their efforts to maintain discipline in the District and shall give timely response to all certified employees’ requests regarding discipline problems. Further, the Board supports the authority of certificated employees to use prudent disciplinary measures as defined in WAC 392-400 for the maintenance of the learning atmosphere and the safety and well-being of students and certificated employees. In the exercise of authority by a certificated employee to control and maintain order and discipline, the certificated employee may use reasonable and prudent judgment concerning matters not provided for in specific policies adopted by the District and not inconsistent with federal or state laws or regulations. Section 1.10.4 Student Suspension or Expulsion: Non-supervisory employees may recommend student suspensions and/or expulsions to District administrators. In instances where student behavior warrants suspension or expulsion from school, such student shall be afforded an opportunity for a hearing and due process in accordance with federal and state laws and adopted District policies. Such disruptions and distractions shall be documented carefully, specifying dates of occurrence and specific acts. The involved parties, such as the principal, teacher and counselor, shall develop a plan to assist the student in modifying the behavior that resulted in the disciplinary action. If the student wishes, s/he shall be given an opportunity to participate in developing the plan. If the parties cannot agree on a plan, the principal shall be responsible for the plan. Section 1.10.5 Instruction on Due Process, etc., for Certificated Employees: The District shall provide instruction for all certificated employees concerning all applicable federal, state, and local laws and District rules, regulations and procedures pertaining to student rights, teacher rights, due process, the processing of student discipline and improvement of student-teacher relationships, communication skills and teacher effectiveness. Section 1.10.6 Dangerous and Disruptive Students Section 1.10.6.1 Removal: Any student who creates a disruption of the educational process in violation of the building disciplinary standards while under an employee’s immediate supervision may be excluded by the employee from his/her individual classroom or activity area for all or any portion of the balance of the school day, or up to the following two days, or until the principal or 5 designee and the employee have conferred, whichever occurs first. Except in emergency circumstances, the employee first must attempt one or more alternative forms of corrective action. In no event without the consent of the employee may an excluded student return to the class during the balance of the class or activity period or up to the following two days, or until the principal or his/her designee and the employee have conferred, although special rules may apply to disabled students. The principal or designated school authority shall meet with the student as soon as reasonably possible following the student’s removal and take or initiate appropriate corrective action or punishment. The administrator shall provide communication to the affected teacher(s) of student discipline prior to a student’s return to classes. Prior to readmission of a student, following a suspension or discipline in excess of five (5) days as per procedures outlined in District policy, the appropriate supervisor will provide a communication to all parties (teacher, principal, parents or guardian and student) as to the expected behavior of the student at school. Section 1.10.7 Threat of Injury, Weapons and Other Dangerous Devices on School Property or at School Activities: On District property or at school-sanctioned activities, the District prohibits the threat of injury, possession or use of weapons, explosives, firecrackers or other items capable of being used for personal intimidation or for producing bodily harm and/or destruction of property. Prohibited weapons and other dangerous devices include, but are not limited to, any weapon listed as a deadly weapon in RCW 9A.04.110, RCW 9.41.250 and 280, local ordinances or District rules. The District will prosecute to the fullest extent of the law any non-student(s) in possession of or using any such weapon or other dangerous device. The District will expel immediately on an emergency basis any student(s) discovered in possession of or using any such weapons or other dangerous devices. The District may expel immediately on an emergency basis any student(s) discovered to own such weapons or other dangerous devices in the possession of and/or used by another person on school property or at school-sanctioned activities. The emergency expulsion will continue so long as involved employees and the principal or his/her designee have good and sufficient reason to believe the student’s presence poses an immediate and continuing danger to individuals (a student or students, certificated staff, or other school personnel), or an immediate and continuing threat of substantial disruption of a class, a subject, an activity or the educational process of the school. The expulsion will continue until the certificated staff and the principal or his/her designee agrees that the threat or danger ceases to exist, although special rules may apply to disabled students. If the certificated staff and the principal or his/her designee fail to agree that the threat or danger has ceased, the Superintendent will have final authority. On or around school premises, certificated staff are authorized to use reasonable force upon or toward a student or other person under the following circumstances: whenever it is believed that an employee is about to be injured, when an employee comes to the aid of another individual who is being injured or who s/he believes is about to be injured; and to prevent a criminal trespass, a malicious trespass, or other malicious interference with either real property or that personal property that is in the employee’s possession or that is in the possession of a student or another employee. The principal will promptly and thoroughly investigate reports and rumors regarding weapons or other dangerous devices and take prompt, appropriate action designed to protect all students and employees and their property. 6 Article 2 Conditions of the Work Day and Duties Section 2.1 Work Day Defined: Each teacher will be on duty for a total of seven and one-half (7.5) continuous hours daily, which will include a thirty (30) minute duty-free lunch break. A parttime employee’s workday will be defined as being equivalent to his/her contract percentage of the full-time 7.5-hour workday. Elementary teachers will not be required to supervise playgrounds or the loading and unloading of buses; however, they will be available for student contact during these times. Employees who are regularly required to travel between buildings during their workday and/or workweek will have scheduled, reasonable time for such travel. Split assignments which involve travel between high school and middle school or elementary shall be dealt with on an individual basis. The District and the Association will meet to discuss split schedules and travel time by October 1 of each year. Staff in each building will have the option of leaving when the students do on the day before Thanksgiving, the day before the first winter break, the day before the second winter break, and the day before spring vacation. Section 2.2 Preparation Time A. All secondary teachers shall have a minimum of one (1) class period during each student day for the purpose of planning and preparation. Except at Tiger Mountain Community High School, secondary teachers will be limited to three (3) daily preparations unless an individual teacher chooses to exceed three. Examples of preparations are the following: teaching a Math 1.0, a Math 1.5, and a Math 2.0 is three preparations; teaching a one-hour integrated curriculum class is one preparation; teaching a two-hour integrated curriculum class is two preparations; and teaching two identical two-hour integrated curriculum classes is two preparations. B. All elementary teachers who average at least five (5) hours per day of contact time with students shall spend at least 250 minutes per five (5) day school week in preparation and planning during the work day. Teachers shall be released from their classroom duties through the use of certificated specialists for an average of at least 30 minutes during the student day. C. Part-time teachers will have planning and preparation time equivalent to their individual contract percentage of a full-time teacher in an equivalent position. D. Teachers/specialists without an area that is usually available to use during the preparation period shall discuss the problem with the building principal. The most satisfactory solution available shall be worked out within the constraints of space available. E. Kindergarten teachers who teach both AM and PM classes will be ensured a 30-minute duty-free lunch and at least 9 minutes unencumbered preparation time between sessions. Section 2.3 Time for Professional Development and Professional Work Section 2.3.1 Time for Professional Development and Professional Work: To meet the educational mission of the Issaquah School District, certificated staff shall be provided time for professional development, collaboration, and work related to moving forward the District Educational mission. The District shall establish a schedule of early release at elementary schools and late arrival at secondary schools on Wednesdays. Section 2.3.2 Establishment of Goals: The Board of Directors has established the educational mission for the Issaquah School District. Programs, buildings, and certificated staff 7 goals shall align with and promote the District’s educational mission. To accomplish this work, buildings and programs shall use their decision-making processes to create a structure (instructional leadership team) for setting and meeting goals. Buildings and programs may use existing groups such as, teacher leadership teams, CIP teams, department heads, team leaders, or other existing leadership groups for this purpose as determined by their decision-making process. The District and building administration shall be responsible for implementing the established instructional leadership selection process as defined in the contract. (section 10.1.11-14) Building/program administration, in collaboration with instructional leadership team, shall establish the building’s/program’s CIP and/or work with the established CIP team. A building/program may choose to establish additional mission-directed goals based on need. Departments, teams, and grade levels are responsible for implementing the goal(s) established through the building process. They may also choose to establish additional District Educational mission-directed goals through their own internal decision-making process. The individual’s formative goal(s) shall follow section 3.1.6.C. Section 2.3.3 Time Structure for Wednesdays: On Wednesdays, staff members are provided with WAC time and two hours of district educational mission-directed, staff designed time preserved outside the student day. Using their instructional leadership decision-making process, a building may choose to exchange professional time and WAC time on Wednesdays to reconfigure the time to meet the needs of the building district educational mission-directed goals. Staff may access their professional development pool (as referenced in Section 5.1.3.4.1) for offerings during exchanged time. Any exchange schedule will not alter student stop and start times. Buildings which have limitations on their WAC time will offer opportunities outside the Wednesday time. Any exchange of time must be balanced within that school year. A building that chooses to exchange time must leave a minimum of thirty (30) minutes of educational mission directed, staff designed time on Wednesdays. Section 2.3.4 Accountability: The district educational mission directed goals must be specific, measurable, attainable, research-based and time bound. The building administration and the instructional leadership team in collaboration with the District or appropriate group shall develop the accountability system and data collection tools for measuring the progress toward the goals. This system shall provide evidence of implementation and progress toward the mission-driven goals. Multiple measures will form this accountability system. The building and program may use, but are not limited to, assessments such as CIP formative assessment goals. Additionally, the accountability system may include reports, minutes, summaries, forms, verbal conferences, year-end assessments, existing student products, credits and clock hours, benchmarks for time, monitoring walk-through’s, and monitoring reports for the Board of Directors. WAC time parameters (180-44-010 section (4)): Certificated staff are required to attend meetings and other professional work contributing to efficient school service as may be required by the principal, Superintendent, or board of directors. Section 2.3.5 Elementary Educational mission defined, staff designed time: At the elementary level, all certificated staff will have the Wednesday before the first winter break and the Wednesday before spring break as the only days certificated staff can leave with their students as compensatory time. Using their site based decision model, school staff may request a waiver to change one of the designated days to another Wednesday for all staff. If Wednesday is the last day before the winter break begins, the preceding Wednesday will be designated as the compensatory day. 8 No teacher shall be required to teach longer than 2.5 continuous hours without recess, planning time, lunch, or some other break. Section 2.3.5.1 AM Kindergarten Mission Directed Staff Designed: AM only kindergarten teachers will be compensated for remaining to plan collaboratively with their colleagues on the early release mission directed staff designed days at a rate that is proportional to their contracted teaching day. Section 2.3.6 Parent Conferences outside the contracted day: Notwithstanding the requirement that the education mission defined, staff designed time for grades K-12 be on Wednesday, the building staff may schedule up to 6 hours annually, outside the regular 7.5 hour workday, to conference with parents and then be released for the same number of hours of education mission defined, staff designed and WAC time as compensatory time during the conference schedule. Section 2.3.7 Required meetings during education mission defined, staff designed time on Wednesdays. Guidance Teachers, Evaluation Group meetings and IEP meetings: Whenever possible, meetings shall be scheduled outside the late arrival/early release time. However, should a meeting be necessary and authorized by the building principal/special services administrator because of extraordinary circumstances, individuals who devote more than two (2) Wednesday education mission defined, staff designed hours in any one month shall receive per diem compensation. Section 2.4 Student Contact Time: No teacher shall have more than five and one-half (5.5) hours of contact time during any one day. Section 2.5 Teacher and Professional Meetings: Attendance at teachers’ meetings and other professional work may be assigned by the principal, provided such meetings and work fall within the seven and one-half (7.5) continuous hour work day; however, up to two (2) meetings per month may extend up to a total of one and one-half (1.5) hours beyond the seven and onehalf (7.5) continuous hour day. Section 2.6 Evaluation Group (EG)/IEP Meetings: The Evaluation Group is a group of qualified professionals created to complete student evaluations, and to determine the students’ eligibility for special education services. The EG will determine which staff should attend the Individual Educational Plan (IEP) meeting. EG/IEP meetings are the responsibility of the Special Education Program. Whenever possible, meetings will be held during the workday. For meetings held outside the workday, special education certificated staff are compensated by way of the special education stipend. The EG Leader or IEP case manager is responsible for providing General Education Staff participants with Request for Compensation forms. The Association and District will work together to support staff and administrators in setting boundaries on frequency and duration of required meetings. The parties do not believe it is good practice to use staff planning time for these meetings. Section 2.7 Teacher Support Teams (TST) The Teacher Support Team will be building-based, normally meet during the workday, with any outside of the workday meetings approved by building administrator and funded from building funds. These meetings are not covered by special education laws, i.e., the meeting and function is not pre-referral. TST meetings are under the jurisdiction of the principal and are not a Special Education program. Teacher Support Teams will assist in activities such as 504 review and program development, prevention strategies, and instructional strategies. Teacher Support Teams are under the leadership of the building administrator and could include the counselor, specialists, teachers, and other staff resources that are appropriate and available. TST meetings held outside of the workday will be compensated at the staff member’s per diem rate of pay. TST 9 meetings may be integrated into the building’s Guidance Team upon the recommendation of the TST and/or the discretion of the building administrator. Section 2.7.1 Guidance Team: Each school will have a Guidance Team that problem solves issues related to a student’s school performance. The Guidance Team consists of the psychologist, SLP, special education teacher, student’s regular education teacher, counselor, nurse (if medical concern exists), building administrator or designee, and others as needed and determined by the administrator. Members of this team may also be part of other building problem solving teams (such as TST). The Guidance Team will meet during the work day whenever possible. All other Guidance Team meetings that meet outside the work day, which do not result in special education referral, are compensated at the per diem rate from building funds with approval of the building administrator. Section 2.8 Middle School Program A. B. C. Middle school teachers will have one class period of the instructional day for planning and preparation. Each middle school will receive money, equivalent to a daily 6.5 hour EA, to be used for behavior intervention as determined through building decision making process. Each middle school will receive 30 minutes of EA time daily for bus duty. Section 2.9 Inclement Weather and Emergencies Section 2.9.1 Inclement Weather: During inclement weather, teachers are expected to report 30 minutes before the students arrive. Section 2.9.2 Emergency Conditions: Each building will use its decision making process to determine how the building staff will deal with the negative impact of emergencies such as snowstorms and earthquakes. Prior to the annual review in the fall, the District will provide each staff member any legal parameters concerning coverage of students in cases of emergency. If the emergency requires staff to stay beyond their workday, those who cover will be compensated at their per diem rate or will receive release time, per their choice. If a building is closed due to emergency conditions, however the District remains open, teachers in the closed building will not report to their worksite. The teacher and building administrator will work together to determine make-up time for the hours or day(s) missed. Make-up time will be documented. Section 2.10 Employee Facilities Section 2.10.1 Facilities and Equipment: Each building shall have the following facilities and equipment for the use of certificated employees: A. B. C. D. E. F. G. Adequate space in each classroom or in an accessible area to safely store instructional materials and supplies. A work area containing adequate equipment and supplies to aid in the preparation of instructional materials. Where present facilities are inadequate, they will be improved as budget priorities permit. A faculty lounge separate from the work and public area. A serviceable desk and chair and a filing cabinet for each teacher in each classroom. Well-lighted restrooms (separate for staff), cleaned regularly so as to be normally odor free. A separate dining area. Where present facilities are inadequate, they will be provided as budget priorities permit. All certificated staff shall have access to a computer in their workspace that meets District standards. Section 2.10.2 Access to Facilities: To permit freedom of access both during and after regular school hours, teachers will be issued keys by their principal to their classroom, faculty 10 lounge, work area, and the outside door of their assigned building. In buildings where classroom keys will not open doors to the faculty lounge and work areas, keys to those areas will be made available to the certificated employee for stated times by the principal upon request by the certificated employee. If a teacher plans to use the facilities after 10:00 PM, the teacher shall notify the principal in advance. Section 2.10.3 Parking: An adequate part of the parking lot of each school will be provided for employee parking. Section 2.10.4 Appropriate Work Area: All certificated support staff (i.e., consulting teachers, ESL teachers, SAGE teachers, OTs, PTs, SLPs, psychologists, counselors, and nurses) will be assigned a work area that is appropriate for the responsibilities outlined in their respective job descriptions in each building in which they serve students. This area will be clean and ready for use at all regularly scheduled times. When conflicts cannot be avoided, the administrator will notify the involved staff member(s) in advance and will make every effort to arrange for an alternative work area during that time. Section 2.10.5 Safe and Healthy Working Environment: The District is committed to providing a safe and healthy working environment for staff. The District and Association shall form a Safe and Healthy Work Environment Committee to consist of members chosen by the leadership of each group. The committee will be charged with: A. B. C. D. Creating a procedure for promptly addressing Indoor Environment Quality concerns. Monitoring action on concerns. Communicating between the staff members affected and the District’s facilities administration. Determining the need to obtain independent investigations from inspectors who are certified to look for contaminants. The District shall endeavor to ensure that all buildings have a safe and healthy working environment. Concerns regarding Indoor Environmental Quality (IEQ) shall be referred to the District using the IEQ Concerns Form found on the ISD intranet, at each school, at IEA, and at the District Maintenance and Facilities Department office. IEQ concerns can be related, but not limited to ventilation, dust, pesticides, herbicides, toxic solvents, water intrusion, mold and mildew. The District shall investigate the concern submitted per the procedures and guidelines specified in the Indoor Environmental Quality Management Plan (found on the ISD intranet). The processing and handling of concerns will be monitored and reviewed by the Joint IEA-ISD Safe and Healthy School Committee. Section 2.11 General Duties and Responsibilities of Teachers Section 2.11.1 Role of the Teacher: The teacher is the primary force in assuring the best possible educational opportunities for the children attending District schools, for the teacher has the most direct and concentrated contact with the individual student. Section 2.11.2 Primary Responsibilities of the Teacher: Under the supervision of the principal and in accordance with the adopted course of study and other provisions approved by the Superintendent, each teacher will: A. Be responsible for assessing the needs of the students and for providing a suitable learning environment to meet their needs. B. Be responsible for the planning and preparation of the instructional program, including the preparation of lesson plans as necessary so that the instructional program is uninterrupted in the event of the teacher’s absence or an emergency. C. Be responsible for the evaluation of each pupil’s educational growth and development and for making periodic reports to parents or guardians as well as to the designated school administrator. If there is a dispute over a student’s grade, an administrator shall consult 11 with the involved teacher. following reasons: After this consultation, the grade may be changed for the 1. The teacher and administrator mutually agree to the change, or 2. An error has been made, or 3. The administrator believes the teacher has been arbitrary or capricious in assigning the grade. D. Maintain order in the classroom. E. Follow adopted curricula. Preparation of instructional program will include attendance at teachers’ meetings and other professional work as may be assigned by the principal. F. Report promptly to the principal any serious accident or illness affecting pupils in his/her charge and maintain safe and healthful conditions in the classroom. G. Continue to improve his/her classroom methods and techniques by attending workshops, summer school, professional meetings or conferences, as well as keeping abreast of current teaching innovations through professional literature. H. Share with other members of the faculty the responsibility for supervision of activities and student behavior outside the regular classroom. Section 2.11.3 Additional Duties: Each teacher will: A. Share with other members of the faculty the responsibility for chaperoning events held in the name of the school or its organizations. The club or activity advisor is responsible for arranging that chaperones are present from the beginning to the close of all events. If a sufficient number of scheduled chaperones do not arrive, the advisor shall notify the principal. B. Obtain the principal’s approval, prior to scheduling educational field trips or other class work outside the school grounds. C. Refer to the principal for prior approval all communications of official matters sent from the school to the parents or guardians of students. D. Report any change of the teacher's mailing address or telephone number to the principal's office; changes should also be conveyed to the Payroll and Personnel Departments at the Administration Center. E. Neither furnish nor permit to be copied from the school or teacher records any list of students' names, their residences, their telephone numbers, or other student data for any purpose other than for requirements of the schools. F. Not engage in private sale of merchandise to students during school hours. G. Assist the students and other staff in keeping the building orderly. H. Comply with the provisions of WAC 180-44 (Teacher Responsibilities). I. Upon receipt, be responsible for knowing the provisions of this agreement and District policies and acting accordingly. J. Attend curriculum night, as scheduled by building staff, without expectation of additional compensation. 12 Section 2.11.4 Classified Staff Evaluation: While certificated staff who have the support of classified staff may be asked for input regarding the classified staff’s performance, the certificated staff is not responsible for the written evaluation of classified staff. Certificated staff who accept supplemental contracts that include supervisory responsibilities are exempt from this provision. Section 2.12 Instructional Technology (Compensation associated with this Section (2.12, 2.13 and 2.14) is contingent upon the continuation of the Technology Levy and will expire August 31, 2014). Section 2.12.1 Technology Proficiency: Certificated staff is expected to consistently incorporate technology into instruction and to facilitate student use of technology as a learning tool infused into curriculum. The goal is to reach OSPI Tier 3 Classroom Integration of Technology. Section 2.12.2 Training Support: Each Fall, the District will publish a menu of paid technology trainings/options to support staff in reaching Tier 3 classroom integration. Participation in the Issaquah Technology Project (ITP) during the summer is voluntary and not subject to additional compensation. For the duration of the contract, the following hours will be paid at the per diem rate for ISD approved technology training: 2010-2011 up to 2 hours 2011-2012 up to 4 hours 2012-2013 up to 7 hours 2013-2014 up to 7 hours Any additional hours of ISD approved technology training will be paid at the professional rate. Requests for technology training will be submitted for approval to the appropriate program manager or administrator. Options may include but are not limited to: Training for software or on-line components of adopted district curriculum ISD Training Online classes Content specific technology integration Assignment specific technology training Section 2.12.3 Access to Training and Equipment: Staff is open to and supportive of both the integration of technology as an aid to instruction and to modify curriculum. In addition, staff will be expected to use the District approved email and electronic record-keeping systems in their daily work. Transition to integrating the use of technology into instructional practices and to teach a modified curriculum generates substantial training needs; best practice requires support for shifts of such magnitude. Computers and equipment placed in classrooms through in District-approved course work and/or grants will follow these conventions. ITP equipment will move with the certificated staff member who participated in the course as long as he/she is in District. Any additional computers and equipment added by the school will stay with the school. Situations involving fixed hardware will be handled on a case-by-case basis. The intent is that the certificated staff shall have no less than the equivalent level of technology equipment. 13 Equipment obtained through any grant will remain with that certificated staff member as long as she/he remains teaching in the district. The exception is if the grant has its own language that overwrites the above statement. If the grant is written to the school, the equipment will stay with the school. If the grant is written to a department in a school, the equipment will stay with that department. Section 2.12.4 Instructional Use of Technology: Training in the use of technology in instruction needs to occur when the hardware is available to the staff member. As the introduction of hardware into a classroom occurs over time, training must be scheduled on an ongoing basis. Teachers will not be expected to implement new procedures in the area of technology beyond the degree to which they have been provided training, equipment, and time to implement the procedures. Section 2.12.5 Creation of Curriculum: The District has an adopted curriculum. Creation of lessons that adapt or modify the curriculum to take advantage of technology will be generated by the District, in consultation with classroom teachers. The infusion of technology into the curriculum will be designed and paced to match the available hardware and software in each classroom. Section 2.12.6 Disseminating Curriculum: Curriculum adjusted to incorporate technology will be introduced over time, as resources are made available. The amount of curriculum change will be proportional to the time and support available. Consideration of when the curriculum will be used will influence the timing of the training. With dissemination will come training, modeling, and coaching on the use of the lessons. Section 2.12.7 Evaluation on Use of Technology: Staff will be evaluated on their use of technology in instruction only to the extent that the District has provided appropriate training opportunities, hardware, and software necessary to use the technology effectively in their classroom environment and has specifically developed integrated curriculum blending the District’s approved curriculum with available technology. Section 2.12.8 Communication Norms: Staff is provided with WAC time to be available to confer or interact with parents and students. This time is also used for staff, grade level, departmental and District and building committee meetings. Athletics and student activities may also take place during this time. Therefore, when considering what constitutes a “timely” response to a parent’s phone message or email three (3) days will be considered timely. Staff are encouraged to provide parents with general information concerning their pattern of responding to phone calls and emails. Staff are encouraged to instruct parents to contact the office directly in the case of emergencies. In the event that a staff member becomes the target of harassing or demanding e-mails, the staff member will request that the supervisor assist in intervening with the e-mailer, in accordance with the District Civility and Harassment policy. Web presence expectations for Certificate staff: Certificated staff from September 1, 2010, through August 31, 2012 are expected to establish and maintain an up-to-date web presence for communication. Effective September 1, 2012, all certificated staff will maintain an up-to-date web presence for communication. 14 The web presence will include but is not limited to: Elementary Contact information A list of homework/projects with due dates as applicable Syllabus/Classroom/Program Expectations Calendar of upcoming events/activities/schedule (The above could be included in a posted newsletter) Contact information A list of assignments/homework with due dates as applicable Syllabus/Classroom/Program Expectations Calendar of upcoming events/activities/schedule Secondary While teachers will make every attempt to keep a current assignment/homework/projects calendar, many factors including learning rates, unexpected events, weather closures, etc., can cause assignments and due dates to be altered. Therefore, when considering what constitutes an “up to date” web presence, a week of lag time is considered timely. In the first year of the contract, staff can use their two hours of ISD approved technology training at per diem rate for either training on District adopted web software (in August) or other ISD approved technology training during the 2010-2011 school year. Payment for maintenance of the staff web presence: For the duration of this contract the following hours will be paid at the per diem rate for maintaining this web presence: September 2010 through August 31, 2011: September 2011 through August 31, 2012: September 2012 through August 31, 2013: September 2013 through August 31, 2014: 5 hours 10 hours 21 hours 21 hours From September 1, 2010 through August 31, 2012, request for compensation will be made one time each year after June 1st. The individual staff member is responsible for submitting a Request for Compensation form for hours to their supervisor. Hours will be paid by the August pay warrant. Effective September 1, 2012 and for the duration of the contract, an annual stipend equivalent to 21 hours per diem will be provided for maintaining a required web presence. Section 2.12.9 District Changes to Instructional Software and Hardware: The District and IEA will develop joint communications to notify staff of significant modifications and changes in technology. Examination, evaluation, and selection of software related to adoptions are covered in Article 13. Software selected by a staff member or building must be approved by the building technology committee and checked for systems compatibility by the Instructional Technology department and is subject to OSPI Accounting Office Rules. Section 2.13 Technology Use and E-mail Procedures for staff: Access to computer network services is a necessary professional tool. Each employee who uses the system must abide by these procedures in order to maintain access to the system. 15 Section 2.13.1 Acceptable Uses: mission and must be in support of: 1. 2. 3. 4. All use of the technology systems must further the District education and research for teaching and learning; communications with staff, students, parents and community; administrative purposes; staff’s professional and career development. Before gaining access to the network, individual staff members must sign the District’s Staff User Release Form. When the staff member signs the form, the staff member has agreed to abide by District policy. Communications over the network are often public in nature. Users should not expect that the files stored on District servers or e-mail sent or received will be private. All employees must understand that a request for public information may well include all of their e-mail and stored files. Therefore school rules and professional standards of behavior will apply. Employees are responsible for the content of any material they transmit or publish on the system. District staff may use the network for incidental personal use in accordance with District policies, administrative directives, and other guidelines regarding computers, networks, and web pages. Staff use of the network shall incur no cost to the District. Section 2.13.2 include: Unacceptable Uses: The unacceptable uses of the system by employees A. Using the system for unlawful, unprofessional or commercial purposes. Unlawful use can include sexual, religious, ethnic or racial harassment, hate mail, defamation, sexual exploitation of minors, and copyright infringement. B. Employees may not disclose personally identifiable student contact information for uses other than District business. This includes student photographs, home, school, or work addresses or telephone numbers, social security numbers, and credit card numbers C. D. Activities that are destructive to the system are prohibited. These activities include: creating or propagating computer viruses, overloading the school's computer network by spamming (intentionally sending an unnecessary or annoying message to a large number of people), or hacking (intentionally breaking into restricted areas of computer networks). Use of the system to access, store, or distribute obscene or pornographic material. E Destroying, modifying, or abusing software or hardware components of the system. F. The unauthorized installation, use, storage, or distribution of copyrighted software or materials on system computers is prohibited. G. Network equipment (switches, routers, etc) and software will be connected and maintained by District Network personnel only. Any unauthorized equipment found connected to the District network will be confiscated. H. Use of the network for political or religious causes, solicitation, advertising, personal gain, or personal fundraising. Political purposes include promotion or negation of a point of view in any local, state, or national election – whether it is for a candidate or about an issue, including school finance elections. Section 2.13.3 Violation/Sanctions: If a staff member violates any District computer policy, guideline, or administrative directive, the employee will receive written notice of the violation and the opportunity to present an explanation before disciplinary action is taken. All disciplinary procedures will be conducted in accordance with state and federal law, and, where applicable, this Agreement. 16 Included in the possible disciplinary actions that may be taken is removal of the employee’s computer, elimination of access rights, providing only supervised access to e-mail, as well as other forms of discipline normally associated with just cause and progressive discipline. Law enforcement officials will be notified of any legal violations. Section 2.13.4 Privacy Section: Electronic communications on the network are not confidential or private. The District reserves the right to access and monitor network use and messages sent or received over, or stored in, the system. While the District does not have a practice of monitoring communications, it may do so where appropriate, such as in connection with an investigation of misconduct or for security purposes. The District reserves the right to disclose any electronic message to law enforcement officials or third parties as required by law or policy. Users should be aware that even though they have selected and used a personal password, the District may still access their communications. It is not the intention of the District to monitor communications between the Association and Association members. Section 2.13.5 Security: System accounts may be used only by the authorized owner of the account. Users shall not share their account number or password with another person, or leave an open file or session unattended or unsupervised. Users should change their passwords regularly and avoid easily guessed passwords. Account owners are responsible for all activity under their account. Employees shall not seek information on, obtain copies of, or modify files, other data or password belonging to other users; or misrepresent other users on the system or attempt to gain unauthorized access to the system. Encryption may be used only with prior District approval. Section 2.13.6 Software Additions: administrator may be added to a computer. Only software approved by the District systems Section 2.14 Special Education Mentoring New ISD Special Education staff will be provided up to four (4) hours support from an inbuilding/program colleague on areas that the supervisor, colleague, or the new hire identifies as needing support. The mentor will be compensated at his/her per diem rate of pay. 17 Article 3 Evaluation, Plans of Improvement, Probation, and Non-Renewal Section 3.1 Evaluation: We believe that staff are professionals who seek to grow and care about students and their learning. Staff and Administration have a shared responsibility to give and accept constructive feedback under the evaluation system. Administrators are encouraged and welcomed to visit classrooms throughout the year whether staff members are on formative or summative evaluation. The objectives and purposes of employee evaluation are the following: maintenance of a high quality of instruction, provision for the improvement of instruction, recognition of outstanding performance, and promotion of professional growth and effective teaching practices. The use of data in decision making, goal setting and performance appraisal is an integral part of evaluation. Within six (6) weeks of the beginning of school, each building principal will hold a general certificated employees meeting or hold individual conferences to review evaluative criteria and procedures. Section 3.1.1 General Provisions: Employees shall be evaluated during the year in accordance with the procedures and criteria set forth herein. For the purpose of evaluation, employees shall be observed in the performance of their primary work responsibilities and assignments. Administrators/supervisors shall conduct observations openly and with the knowledge of the employee. Unless mutually agreed upon by the employee and supervisor, no mechanical or electrical device shall be used in any classroom for the purpose of listening or recording. An employee appeal of the evaluation procedure, through the grievance process, shall be limited to the procedural applications. Employees shall be placed in one of three strands: Summative: Formative: Probation: Observations and documentation that assure minimum criteria for effective teaching are met. Collegial involvement to accomplish professional growth and improved instruction. The procedures required by state law for teachers who do not meet minimum teaching criteria. Since many factors affect student performance, and since many of these factors are outside the control of the teacher, a student's standardized test scores shall not be used to evaluate teacher performance or to affect teacher transfer or reassignment rights. Section 3.1.2 Responsibility for Evaluation: Within each school, the principal or designee shall be responsible for the evaluation of employees assigned to that school. When an employee is assigned to more than one school or to a District program (such as special education, SAGE), or to a support staff role (such as psychologist, SLP, OT, PT, counselor, ESL teacher), the principals and program managers shall determine which supervisor is responsible for evaluating the employee. During their first year in the District SLPs’, OTs’, or Psychologists’ evaluations will be done by both their program supervisor and a Principal working together. Either the principal or the program supervisor will officially sign the end of the year evaluation. An attempt should be made to ensure that a staff member has the same evaluator throughout a school year. If an employee receives an Approaches Standards or Area of Concern on the summative checklist, the Administration will attempt to ensure that the same evaluator will observe and evaluate the employee again during the time of the growth plan. Any principal or 18 program manager may designate other certificated staff members to assist in the observation and evaluation process, provided that such staff members are not members of the bargaining unit represented by the Association. Section 3.1.3 Evaluation Criteria Employees shall be evaluated in accordance with the procedures and criteria set forth in this article. The District and the Association shall modify criteria if additional or alternative criteria are required by the Superintendent of Public Instruction (RCW 28A.405.100 and WAC 392-191) or bargained in accordance with RCW 41.59. Section 3.1.4 Evaluation Requirements A. Each employee shall be evaluated in accordance with the criteria appropriate to the employee's position and strand in the evaluation cycle. The criteria are set forth in this agreement. When observations are required, they shall be documented on the appropriate observation form. B. All employees shall be evaluated annually. Year-end assessment reports will be completed no later than two weeks before the end of the school year in which the evaluation takes place. C. Employees newly hired by the District shall be placed in the summative strand and shall be observed within the first ninety (90) calendar days of the commencement of their employment. D. If after ninety (90) calendar days of the school year, an employee on the Summative strand is transferred to another position not under the current administrator's supervision, a summative evaluation criteria checklist and a Year End Assessment Report shall be completed by the current administrator prior to the transfer. An employee in the formative strand who transfers shall take his/her goals to the new position if the goals are appropriate. If, in the opinion of the employee, the goals are no longer appropriate, new goals shall be written. E. An employee with three (3) years of satisfactory summative evaluations will move to the formative strand. F. An employee who receives Approaches Standards or Area of Concern on the evaluation checklist may not be placed on the formative strand for the following year. Provisional employees and employees who have been with the District for three (3) years or less shall be evaluated using the summative strand criteria checklist. Those offered provisional contracts will have provisional employee status as per RCW 28A.405.220. The entire provisional period will be viewed as a time for review of the provisional employee's performance, and the provisional employee may be non-renewed without placing the employee on probation. Employees returning to the District who, at the time they left were eligible for the formative strand, will be returned to the formative strand if the leave was for one year or less. Employees who have been gone for more than one year will be assigned to the summative strand for one year. Section 3.1.5 Evaluation Procedures for Summative Strand A. Observation Criteria: During the school year, each employee on the summative strand shall be observed for the purpose of evaluation at least twice in the performance of assigned duties. Total observation time each school year for each employee shall not be less than sixty (60) minutes, including a minimum of two observations of at least thirty (30) minutes each. Additional observations or a series of observations may be conducted as 19 necessary. A series of observations held within a two-week period may have a common pre-conference and will have a common post-conference. Each observation conducted as part of the series must be a minimum of thirty (30) minutes. One summative strand criteria checklist will be completed for the series of observations. B. Pre-observation Conferences: A pre-observation conference shall be held between the employee and observing administrator prior to each observation or series of observations. At the pre-observation conference, the employee and the administrator shall discuss the employee's specific objectives, methods and materials to be used, and other information relating directly to the summative strand criteria as outlined on the pre-observation form. C. There will be three evaluation levels for the Summative Strand: Year One will be used to evaluate employees with zero to one year of total teaching experience; Year Two will be used to evaluate employees with one to two years total teaching experience; Year Three will be used to evaluate employees with two or more years of experience. Teachers new to the District with three or more years of experience will be evaluated on the Year Three Level and remain at this evaluation level for the first three (3) years with the District. D. There will be four rating categories for the summative strand criteria: Exceeds Standards, Meets Standards, Approaches Standards, and Area of Concern. One check mark is required for each of the major criteria but not for each of the individual indicators. E. If all criteria are marked Meets or Exceeds Standards, the employee, in collaboration with the evaluator, will set a professional goal. Goals shall be related to the Continuous Improvement Plan, State Academic Learning Requirements, District Mission, or Evaluation Standards for Quality Teaching and Learning. The employee and the evaluator shall collaboratively monitor and review progress toward achieving the goal. Goals as used in this section will be treated as formative. F. Post-observation Conference: Within five (5) working days of an observation or a series of observations, the supervisor will document the results of the evaluation by completing the checklist and providing the employee with a copy. Within ten (10) working days of the observation, the supervisor will conduct a post-observation conference with the employee and, in consultation with the employee, discuss the results of the observation. The employee shall have an opportunity to have an Association representative in attendance at the conference. G. If an Approaches Standards is indicated by the administrator, s/he may mark the major criteria and note the specific area for growth and the expected performance on the narrative portion of the checklist. An Approaches Standards indicated on a major criteria, does not require a formal Plan of Improvement; however, the administrator and the employee will discuss assistance and suggestions regarding how growth can be made. A timeline for additional observations will be developed. H. If an employee receives an Area of Concern for any of the major criteria, the specific indicator(s) must be noted and a Plan of Improvement must be written by the administrator. The specific area(s) of performance deficiencies and the specific way in which the employee is to improve must be documented. A timeline for additional observations will be developed. If, in the opinion of a supervisor, the employee's job is in jeopardy, it is incumbent on the supervisor to clearly communicate his/her performance concerns to the employee. I. The employee shall sign the Summative Strand Criteria Checklist at the post-observation conference to indicate receipt of a copy of the checklist. The signature does not imply that the employee necessarily agrees with the contents of the checklist. The employee may attach comments. 20 Section 3.1.6 Evaluation Procedures for Formative Strand A. The purpose of the formative strand includes the following: 1. 2. 3. 4. 5. 6. To improve instruction and the learning environment for all students in the District; To provide staff members a collaborative process for risk-taking and experimentation; To create an on-going commitment to professional excellence; To provide an avenue for encouraging outstanding performance; To foster collegiality and trust; and To support employees in self-initiated growth and change. B. Employees who meet standards for three (3) years and who continue to meet standards will participate in the Formative Strand. A District employee participating in the Formative Strand who transfers to another District position will continue in the Formative Strand. Efforts will be made to allow for the completion of the current goals so long as the goals are not in conflict with the Continuous Improvement Plan. C. Procedures: The employee will meet annually with his/her supervisor to collaboratively establish a maximum of three (3) professional goals to work toward during the year. An action plan for each goal is developed collaboratively by November 30, using Form A (see Addendum A for list of forms and where to find them.) The supervisor serves as a coach, advisor, facilitator, and/or resource person. The primary responsibility for monitoring the progress of this plan lies with the employee. At least one Professional Growth goal(s) shall be related to one or more of the following: The Continuous Improvement Plan, State Academic Learning Requirements, District Mission, or Evaluation Standards for Quality Teaching and Learning. Supervisors are encouraged to participate in informal classroom visits. Goal development may be a shared process with a team of colleagues. In developing the goals, the method of assessment, the timelines, and any support that is to be provided by the District will be identified and put in writing. Between January 1st and March 31st, the employee and supervisor will meet to discuss progress or adjust the plan. Prior to the last two weeks of the school year, the supervisor and employee will meet to complete the "Progress Made Toward Goals" section of Form A and to sign the Year End Assessment Report. This meeting also can be used to continue planning for the next year. Following this meeting, the supervisor will send the Year End Assessment Report to the personnel department. At this time, the employee may choose whether to include the formative strand goal(s) plan (Form A) in his/her personnel file. At the end of the year, the employee will retain data, notes from meetings, and all other information relating to goals. It is anticipated and expected that employees will have room for improvement and should not become alarmed simply because suggestions are made for improving performance. Suggestions for improvement made throughout the Formative Strand process will not become data used to make future personnel decisions beyond the decision of the principal to return the employee to the summative evaluation. D. Removal from the Formative Strand: Informal supportive interventions will be required prior to a decision to move an employee to the Summative Strand. At the point of decision to move a staff member to the Summative Strand, the principal will communicate with the IEA and Personnel. At the time of the decision, a conference will be held between the staff member and supervisor, and the areas of concern will be discussed. Upon a satisfactory year-end evaluation the employee will be returned to the Formative Strand for the following school year. The decision to remove an employee from the Formative Strand is not grievable. 21 Section 3.1.7 Year-End Assessment: Prior to the last two weeks of the school year, a YearEnd Assessment Conference will be scheduled between the administrator and employee to review the Year-End Assessment Report. This conference may be part of a post-observation conference. An employee on Summative Strand will receive an overall rating of either Satisfactory or Unsatisfactory. An employee on Formative Strand will receive verification that s/he has completed a year on the Formative Strand. The employee shall sign the Year-End Assessment Report at the scheduled conference to indicate receipt of a copy of the Year-End Assessment Report. The signature does not necessarily imply that the employee agrees with the contents of the Year-End Assessment Report. Within five (5) calendar days of the Year-End Assessment Conference, the employee may submit signed comments that shall be attached to the report in the employee's District personnel file. Year End Assessment Reports shall be the only record of teaching performance maintained in the employee's District personnel file unless the employee decides to enter a Summative Strand criteria checklist or Form A of the Formative Strand evaluation. Section 3.1.8 Evaluation Calendar In-service training will be held for supervisors and employees on the Summative Strand. In-service training will be held for supervisors and employees on the Formative Strand. Section 3.1.9 District/Association Evaluation Committee: A joint IEA/administrative team will be established as needed. The team will make recommendations for changes in the evaluation system to the Association and the District. This team will consist of four (4) IEA members appointed by the IEA president and four (4) staff appointed by the Superintendent or designee. Section 3.1.10 Echo Glen Summer School Evaluation: Teachers who are not part of the existing Echo Glen staff and who wish to teach at Echo Glen for the summer have the option of having a summer school evaluation. To be considered for future summer school employment, teachers must have an Echo Glen summer evaluation on file at Echo Glen for each summer session taught. This evaluation will only be used to determine summer employment, and it will not be placed in a teacher's personnel file. If a teacher chooses to have a summer school evaluation, the Summative Strand procedure will be followed, with one required observation. If an employee decides not to be evaluated, but later desires to apply for summer school, consideration of the applicant will be the administration's prerogative. Section 3.2 Probation Section 3.2.1 The Probationary Period: Any employee whose services have been judged unsatisfactory based on the evaluation criteria may be placed on probation by the Superintendent after October 15 of any school year, with probation continuing for sixty (60) school days of the same year. Prior to placing an employee on probation, the administrator shall have met with the employee to inform him/her that probation is being recommended. The employee shall have an opportunity to have an Association representative in attendance at the conference. The recommendation for probation is made in writing by the administrator to the Superintendent, with a copy to the employee. The recommendation for probation will include a copy of the evaluation report prepared pursuant to Section 3.1.5.G., including the specific areas of performance deficiencies, the specific ways in which the employee is to improve, and the types of assistance to be given. 22 The Superintendent or designee shall review the administrator's recommendation for probation. If the Superintendent or designee determines there is an alternative to probation, s/he may work toward implementation of the alternative with the parties involved. Section 3.2.2 Establishment of Probationary Period: If the Superintendent concurs with the administrator's judgment that the performance of the employee is unsatisfactory, the Superintendent shall place the employee on probationary status beginning on or after October 15 and ending sixty (60) school days after the start of the probationary period. On or after October 15, the employee shall be given written notice of the action of the Superintendent. Such notice shall contain the following information: A. B. C. D. Specific and reasonable areas of performance deficiencies, based on the evaluation criteria; Specific and reasonable ways in which the employee is to improve; Types of assistance to be given; A statement indicating the duration of the probationary period and that the purpose of the probationary period is to give the employee the opportunity to demonstrate improvement in his/her area(s) of deficiency. Section 3.2.3 Evaluation During the Probationary Period A. Once a determination is made to place an employee on probation, said employee shall receive written notification from the Superintendent of his/her probationary status. This written notification will be shared in a personal conference. The employee shall be furnished a copy of the superintendent’s correspondence during this conference. B. Conference discussion shall include a review of: 1. Specific areas of performance deficiencies, based on the evaluation criteria; 2. Specific ways in which the employee is to improve; and 3. Types of assistance to be given. C. The administrator may authorize one additional certificated administrator to evaluate the employee and to aid the employee in improving his/her areas of deficiency. D. During the probationary period, the administrator or other evaluator shall meet with the employee at least twice monthly to complete a written evaluation of the progress made by the employee. E. The employee may be removed from probation at any time if s/he has demonstrated improvement to the satisfaction of the administrator in those areas specifically detailed in his/her notice of probation. Section 3.2.4 Action by the Superintendent: Within ten (10) working days following completion of the probationary period and a review of any reports submitted pursuant to Section 3.2.3, the Superintendent shall determine which of the following alternate courses of action is proper and shall take appropriate action to implement such determination. Courses of action are: A. That the employee has demonstrated sufficient improvement in the stated areas of deficiency to justify removal of the probationary status; or B. That the employee has demonstrated sufficient improvement in the stated areas of deficiency to justify removal of the probationary status if accompanied by a letter identifying areas where further improvement is required; or C. That the employee has not demonstrated sufficient improvement in the stated areas of deficiency, and that the probationary period should be extended; or 23 D. That the employee has not demonstrated sufficient improvement in the stated areas of deficiency, and action should be taken to non-renew the employment contract of the employee. 1. 2. The employee may be removed from his/her assignment and placed into an alternative assignment for the remainder of the school year. This reassignment may not displace another employee nor may it adversely affect the probationary employee’s compensation or benefits for the remainder of the employee’s contract year. If such reassignment is not possible, the District may, at its option, place the employee on paid leave for the balance of the contract term. Copies of the report shall be furnished to the employee and to the Association. Section 3.3 Appeal by Employee Section 3.3.1 Notice of Probable Cause: Any employee receiving notice of probable cause for non-renewal, as provided by this article, may request a hearing pursuant to RCW 28A.405.210. If the parties fail to mutually agree on a hearing officer, such officer shall be selected in accordance with RCW 28A.405.310. The decision of the hearing officer shall be final, subject to appeal according to law. Section 3.4 Other Provisions: A. Except in the case of non-renewal, all of the provisions of this article shall apply to provisional employees; in non-renewal, provisional employees shall not have access to the appeal procedures provided for continuing contract employees by state statute. B. All monitoring or observation of the performance of an employee shall be conducted openly and with full knowledge of the employee. C. If an employee files a grievance relative to implementation of any section of this article, the District shall not be prevented from proceeding with such implementation pending resolution of the grievance. D. If a grievance involves evaluation, only alleged procedural or factual errors are appropriate for arbitration. E. Except at the initiation of the employee, no mechanical or electrical device shall be used in any investigation of an employee relative to performance or contractual duties. F. National standardized test results of academic progress of students shall not be used in any way as evaluative criteria for an employee's fitness or retention. Section 3.5 Non-Continuing and Provisional Contracts Section 3.5.1 follows: All contracts with individual teachers shall be on a continuing basis except as A. Non-Continuing Contracts: The District will issue no more non-continuing contracts than there are continuing contract staff members on approved leave of absence. Noncontinuing contract certificated staff members will be notified of certificated vacancies and, when qualified for a vacancy as in Article 4, Section 4.1.10.E, will be given an interview at their request. B. Provisional Contracts: Those offered provisional contracts will have provisional status for one or two years as per RCW 28A.405.220. The entire provisional period will be viewed as a time for review of the provisional employee's performance, and the District may choose not to renew the provisional employee's contract without first having placed the employee on probation. 24 Article 4 Hiring, Assignment, and Transfer Part A – Employee Initiated Transfers Section 4.1.1 Responsibility: The assignment and transfer of teachers in accordance with adopted District policies and in accordance with the terms and conditions of this Agreement shall be the responsibility of the Superintendent's office. Section 4.1.2 Assignments: Employees will be assigned by the Superintendent or designee to positions for which their preparation, certification and experience qualify them. They may not be assigned, except temporarily and for good cause, outside the scope of their certificates or their major or minor fields of study. By the last day of school, administrators will make tentative staff assignments and identify excess personnel. No assignment of a new certificated employee to the District shall be made until all certificated employees with the necessary certification who have pending requests for assignment and/or transfer have been considered and either accepted or not accepted for placement. Section 4.1.3 Vacancy Defined: A vacancy shall be defined as a bargaining unit position presently unfilled, created as a result of transfer or reassignment; a position currently filled but which will be open in the future; or a new position that is currently not in existence. The terms of the vacancy will be specified, i.e. full-time, part-time, or divided into multiple positions. Section 4.1.4 Definitions: A transfer shall be defined as a change from one building or District program to another. Building reassignment is a change within a building. Program reassignment is a change within a District program. District programs are SLP, OT/PT, nurses, psychologists, behavior specialists, SAGE teachers, K-12 music, K-12 library, elementary PE, special ed. teachers, elementary magnet programs, ELL, and counselors. Section 4.1.5 Procedures within a Building or Program Building principals/program managers will inform their staffs of new and/or unassigned open sections and/or positions within the building/program. The intent of this section is to ensure current building/program staff that they will be considered for new offerings or non-assigned sections at the building/program level. Based on the premise that it should not be more difficult to get a building/program reassignment than a District transfer, the following procedures will be followed: A. Building/program reassignment will take place prior to the use of the District transfer list or hiring for new positions. B. During the month of February and prior to February 28, when transfer requests are submitted, a building/program reassignment form will be distributed to building/program staff. This form will serve as written notification of the staff member's interest in reassignment and can be updated by the staff member as new information becomes available. This form will be used for the school year. C. To allow staff members to apply for open sections or positions that have not been offered at that building/program for the two most recent full school years, there will be a place on the building assignment sheet for staff to request notification of such an opening (Section 4.1.8.2). D. Program managers/building principals will inform all current staff who have indicated a desire for reassignment of openings within the building/program, provided that the 25 employee has notified them of his/her current address and phone number (Section 4.1.8.2). E. During the school year, should non-assigned open sections or positions become available (for any reason), notification to staff shall be through a staff bulletin or special memo. Staff members will have at least three (3) days to register their interest in writing. F. During the scheduling process and while school is in session, the building/program manager will use the building reassignment form for making staffing assignments, in addition to E, above. G. From those persons who have indicated interest in reassignment, the principal/program manager will select the person(s) to be reassigned, provided they are considered qualified based on criteria listed under Section 4.1.10.E. H. If two or more persons are equally qualified for a position, the person with the higher total seniority number as recognized by the Certificated Seniority Layoff And Recall List will be given the reassignment. I. Individuals in the following programs will interview for openings: elementary P.E., SAGE, special education, and counselors. J. Individuals in the following programs will meet with the program manager(s) prior to a reassignment: SLP's, OT's, Nurses, and Psychologists. Staffing reassignment shall be determined by the program manager, in conjunction with the building principal, based on staff input, student enrollment, and program needs. K. If a person in a program services a particular building, s/he may request transfer to positions in that building that are dissimilar. Such requests are not covered under Section 4.1.10. The District may reassign a program staff member to the building prior to use of the assignment and transfer list. L. Any employee who does not receive the requested reassignment shall, upon request and within five (5) work days, be given reasons s/he did not receive the reassignment. K-12 music, library, Section 4.1.6 Notification of Available Positions A. B. C. Prior to February 1 of each school year, the District and the Association will jointly inform employees of the transfer procedures. On June 1, July 15, and August 15, the District will give the Association current lists of vacancies and completed transfers. The District will maintain a current transfer request list in the personnel office. Section 4.1.7 Request for Transfer: Between February 1 and February 28 of each year, employees may file a request for transfer for the following school year. Such requests will be made on a Request for Transfer and Reassignment form and will indicate the position(s) to which s/he/they are specifically interested in transferring. Employees are to submit a transfer request for each grade level, subject area, team position, and building on one form. The form will include a provision to request postings regarding new types of positions that may be created from time to time. An employee may fill out dual transfer requests, both to a position as an individual and as part of a designated team. New positions will be treated like any other open position under the transfer procedure. The provisions of the voluntary transfer policy will remain in effect until the end of the first week of the second semester. 26 Section 4.1.8 Communications Regarding Available Positions Section 4.1.8.1 Employee Responsibilities A. The employee will include on the transfer request form all positions to which s/he wishes to transfer and is qualified to fill. B. Employees who wish to transfer to a team position must sign up as a designated team and must include on the transfer request form all positions to which they wish to transfer and are qualified to fill. C. If, for any reason, i.e., summer vacations and other breaks, the employee will not be available to be contacted at his/her regular work location regarding open positions, s/he shall keep the District informed of how s/he can be reached by mail and by phone. D. The employee will accept or reject an offer of a transfer within three (3) days (72 hours or less). If the three days ends on a weekend, the time will be extended until noon of the first working day. E. In the case of notification of a new position, the employee must notify the personnel office if interested within five (5) days of the post mark on the mailing. Section 4.1.8.2 District Responsibility A. The District will make a good faith effort to contact qualified individuals on the transfer list. B. Attempting to reach an individual by phone over a period of three (3) weekdays or waiting one week after posting a letter shall be considered good faith efforts. C. Prior to posting positions to outside applicants, the District has the right to make a position available to an in-District employee as long as transfer rights of those on the transfer list are not violated. Such positions shall be posted for not less than three (3) days. This action will be considered an employee initiated transfer. D. After the above responsibilities have been met, or, in the case of a newly created type of position, no response has been received to information sent out, the District shall post and place the open position on the job line in the normal manner. Employees who did not complete a transfer request may compete for such positions but without preferential consideration. E. When expanding the FTE of qualified staff, after making in-building and program reassignments, the District will consult employees in the following order: 1. 2. 3. 4. 5. 6. Job share participants in a building or program; Continuing part-time staff in a building or program; Part-time provisional staff in the building or program; The transfer request list; Recall list Non-continuing contract employees; Exceptions to this consideration will occur when there is insufficient capacity in the District to place excessed staff or staff returning from a leave of absence. The ability to expand FTE does not require the District to break up a specific vacancy into smaller segments. 27 Section 4.1.9 Transfer Limits: Employees may request transfers to positions that are dissimilar (teacher to library media specialist or counselor, for example). Although not covered under Section 4.1.10, such requests will be considered. Section 4.1.10 Transfer Procedure: Transfers are subject to the following procedures: A. Only those employees on a continuing or provisional contract may request a transfer. New employees must have two full consecutive years of Issaquah experience in the same building/program prior to having the rights of transfer. During March of their second year, they will be entitled to transfer rights. If they are reassigned by the District after the first year, the two year requirement will be waived. B. Positions can be filled either by an individual or by a team of teachers who have put their names on the transfer list as a team. C. When an open position is filled from the transfer request list after August 1, the resulting vacancy will also be filled from the transfer request list. Subsequent resulting openings, however, may be posted as open positions or may be filled from the transfer list through mutual agreement of the Association and the District. D. A position will be considered in a person's subject area request when at least one-half of the assignment falls in the requested subject area. For example, in a middle school with six teaching periods, if three periods were math., that would be the trigger for contacting those individuals who requested middle school math at that particular school. An employee or team of employees may decline an offer of transfer without losing his/her/their place on the transfer list if the declination is for any position other than one in which the employee(s) were specifically interested. Position specifications, including qualifications, duties, expectations, responsibilities, and building goals, will be on file in the personnel department for the employee(s) to review prior to considering a new position. E. An employee or each member of a team of employees will be qualified for a position if the employee(s) has/have: 1. The required certification; 2. Satisfactory evaluation, as indicated on the Year End Assessment Report, for the year directly preceding the request for transfer; and Meets Standards or Exceeds Standards on the observation check lists for the current year. An employee on the formative strand meets this criteria. 3. A major, minor, or endorsement in the area (as the position requires), or 3 years' satisfactory experience in the same basic position within the past 5 years, or 24 quarter hours which qualifies the employee(s) for the position based on its specifications. (A major will be required only in those areas in which an individual with a minor would not be successful.) Operational definitions of an academic major/minor are the following: a. A major will be either a major listed on a transcript or the equivalent of academic work required for a broad area major such as English/language arts under current certification and endorsement guidelines. b. A minor will be either a minor listed on a transcript or the equivalent of academic work required for an endorsement (24 quarter credit hours in the required breadth). If there are no employees who meet the qualifications stated above, the District reserves the right to place an employee who desires a position for which s/he may not be qualified in the position. 28 F. From the applicants who wish to transfer to a vacancy, the personnel director will review the employees' files to determine qualifications (Section 4.1.10.G.). The personnel director will contact all qualified applicant(s) or team(s) of applicants and inform them of the vacancy. The applicant(s) will be required to interview with the building team. G. For the purposes of Title IX action compliance or affirmative action objectives, the District reserves the right to maintain or improve staff balance in filling vacancies. H. Any employee considered for a transfer who does not receive the requested transfer will, upon request, be given reason(s) s/he did not receive the transfer. I. The District may set aside the voluntary transfer provisions of this agreement for up to two positions per year provided that for the remainder of the vacant positions the procedures outlined in this provision are followed. The District will notify the IEA when exercising this option. Section 4.1.11 Transfer Interviews Section 4.1.11.1 Specific Criteria: The building team (i.e., department team, grade level team, or core team) will develop Specific Criteria unique to the building to be used in the interview process. Specific Criteria will be the standard that all internal applicants will be measured against. Areas that may be used include, but are not limited to: A. Participation in curriculum review, hiring teams, committee work, staff/team/department meetings, curriculum development and assessment; B. Using technology for staff and students in instruction, attendance, presentation, communication, evaluation, and assessment; C. Responsibilities driven by the Continuous Improvement Plan such as mentoring a colleague, leadership, focus on an instructional practice, increasing the strength of the staff in a building, participating in grant/professional development activities; D. Taking on leadership responsibility, academic/vocational discipline; E. Willingness to follow any specific building discipline policies and expectations, grading policies or homework policies, communicating with parents as the building has set out in either frequency or form, and participation in EG, TST, and IEP meetings. filling a specific skill area or specific Other Specific Criteria must be approved in advance by the Personnel Office. With respect to training, the building needs to determine and state in the Specific Criteria if the need is for a candidate who has received the training or for one who is willing to be trained. Section 4.1.11.2 General Criteria: General criteria that apply to all schools/programs across the District will not be included unless there is something specific to the school/program. General criteria include, but are not limited to: basic technology skills, communication/involvement with parents; collaborative team work; work with and training in other District adopted curriculum, instruction and assessment. Section 4.1.11.3 A site team will consist of the building principal/program manager or designee and three (3) or more members of the teaching staff. A majority of teachers will be from the receiving team/dept. In the summer alternates may be assigned to the site interview team. Employees who wish to transfer to a program that serves one building will be expected to interview with the appropriate site team. 29 If, after the transfer selection interviews occur, the site interview team does not feel any of the applicants are an appropriate match for the needs of the school, the reasons and the criteria will be communicated to the Superintendent’s designee. The Director will review the interview packet and the criteria, and will either ask the site team to reconsider its decision or the Director shall be free to post the position as an opening. Prior to posting the position, all unsuccessful in-District applicants will verbally be given reasons as to why they were not selected by the interview team. At the request of the employee, reasons will be given in writing. If the request is for a position that serves several schools, the employee will interview with representatives from the multiple sites. Section 4.1.9 controls transfer limits when employees request a transfer to positions that are dissimilar. Section 4.1.11.4 Transfer/Reassignment Mentor Program: A certificated staff member who is participating in or is eligible to participate in the Formative Strand who is reassigned to a different building/District Program or changes classifications; eg., School Psychologist to a Counselor, will remain on the Formative Strand and will be assigned to a mentor/coach status with a building administrator or appropriate District administrator, depending upon the program change in order to facilitate integration with the new building/program. Within thirty (30) days of the assignment report date, the mentor/coach and certificated staff person shall meet for formal goal setting. During this time period, a discussion will be held regarding the culture and expectations of the building/program. Also, during the school year, the appropriate administrator will conduct two observations with input and feedback to the employee. The mentor/coach status may be in addition to formative goal setting, or may take the place of formative goal setting for one year, at the discretion of the employee. Section 4.1.11.5 Certificated Staff assigned to Support Positions A. Teacher on Special Assignment (TOSA): The District is encouraged to use Teachers on Special Assignment (TOSA) to perform functions that can best be fulfilled with classroom teacher knowledge. TOSAs remain members of the bargaining unit and retain all contractual rights. The TOSA positions may not continue from year to year. B. Program Assistant: If the primary purpose of a TOSA is to provide administrative assistance to a building principal, i.e., Program Assistant/Dean of Students, the job duration shall be a minimum of two (2) years, given satisfactory evaluations, adequate funding and enrollment. Program Assistant positions of 0.5 FTE or greater will be selected by principal with input from certificated staff. At the completion of two years with satisfactory evaluation and each year thereafter, the principal may elect to retain the Program Assistant or open the position for other candidates. Program Assistant FTE of 0.5 and greater shall only be utilized by non-administrative certificated staff. For Program Assistant FTE less than 0.5, the FTE must first be offered to non-administrative certificated staff. If the FTE remains unfilled, the FTE may be offered to other staff or utilized for approved purposes. Program Assistants remain members of the bargaining unit and retain all contractual rights. C. Program Specialists: Program Specialists are certificated staff with a highly specialized skill set that are assigned or hired for an on-going position that support an instructional program. These positions may continue from year to year based on the needs of the district. Program Specialists remain members of the bargaining unit and retain all contractual rights. 30 When the District has the need to create a new position under these provisions, the District will share the need for and the duration of the assignment with the Association. The District shall advertise these positions in accordance with normal posting requirements. If the position is building/program-specific, priority will be given to in-building/program candidates. If no in-building candidate exists, a District-wide posting will occur. Applicant(s) will be required to interview with the appropriate team of administrators and certificated staff, with the exception of Program Assistant positions of 0.5 FTE or greater, which will be selected by the Principal with input from certificated staff. The District shall provide these Certificated Staff assigned to support positions professional development and leadership development opportunities as needed. In the course of their job responsibilities, if staff under this provision find themselves mentoring or observing other IEA members, they shall consider all information gained as confidential and not to be used in an evaluative manner. Section 4.1.11.6 Certificated Staff assigned to Support Positions Return Rights A. TOSAs and Program Assistants: These specific positions may or may not continue year to year and others may be created to meet specific needs. An individual assigned to a TOSA or Program Assistant position for one year will be guaranteed a return to their prior position. An individual who remains in a TOSA position beyond one year will be guaranteed a position equivalent to their prior position at the end of their special assignment. B. Specialists: If the District no longer has a need for a program specialist position, the staff member shall be assigned to a certificated position for which they are qualified. Part B – District Initiated Transfers and Assignment Section 4.1.12 Responsibility: The assignment of employees is the responsibility of the Superintendent or the Superintendent's designee. Section 4.1.13 Definitions: A District initiated transfer is moving an employee from one building/program to another, where the employee has not requested the move. A reassignment is moving an employee from one position to another within the same building or District program. For example, moving from one building to another in a District program is not a transfer but is a reassignment. Section 4.1.14 Transfers Necessary: certain situations, such as the following: District initiated transfers may become necessary in A. Changes in student enrollment; attendance area changes; grade level changes such as middle schools; opening or closing of schools. If actual enrollments prove that a transfer was inappropriate, the transferee will be reassigned or involuntarily transferred. B. Funding losses or budgetary changes affecting departments or buildings or resulting in layoffs or hiring freezes. C. Adding, revising, or terminating educational programs such as integrated classes or preschool programs. D. Filling vacancies during the school year. E. Adjusting for staff members returning from lay-off or leave status. 31 F. Placing employees where they are most likely to succeed, consistent with training, experience, certification, and educational program needs. Section 4.1.15 Position Preparation Qualifications: For reasons such as listed in Section 4.1.14, employees may be transferred or reassigned within District-wide programs by the Superintendent or designee to positions for which their preparation, certification, or experience qualify them. They may not be transferred or reassigned, except temporarily and for good cause, outside the scope of their certificates or outside their major or minor field of study. District initiated transfers and reassignments within District programs will be based on the following position preparation qualifications: A. The required certification as outlined by state and/or federal law; B. A major, minor, or endorsement in the area (as the position requires), or demonstrated competency as defined by state and federal guidelines. Section 4.1.16 Excessing: Whenever it becomes necessary for the District to initiate transfers in order to reduce the number of staff within a building or District program for the ensuing school year, the following procedures shall apply: A. The principal/program manager shall first inform the certificated staff within the building or program about the need for transfers and explain reasons for the need. The principal/program manager will then call for volunteers to transfer. Voluntary excess staff are placed on the transfer list and have all rights as District initiated transfers. B. If not enough qualified staff volunteer, then transferees will be selected according to the following procedures: C. 1. Transferees within the elementary building will be the individuals with the least total teaching seniority within the grade span: K-5 or specialty (elementary PE, music, District library media specialist). 2. Transferees within Echo Glen will be the individuals with the least total teaching seniority within the school. 3. Middle School transferees within the building will be those with the least total teaching seniority by department. Individuals will be considered members of one department based on the majority of their assignments for the year. Prior to the excessing procedure, individuals with at least three (3) years of satisfactory teaching experience within the past five (5) years in a department other than their current assignment will be granted, upon request, a transfer to the department to which they were previously assigned (if no more than two (2) years from the transfer request), if their total teaching seniority exceeds that of any member of that department. 4. High school transferees within the building will be individuals with the least total teaching seniority by department. Individuals will be considered members of one department based on the majority of their assignments for the year. 5. Total teaching seniority shall mean teaching experience and education as recognized by the current Certificated Seniority, Layoff and Recall list. 6. If the person selected through the above criteria performs an assignment that cannot be performed by another staff member (e.g., Russian language), then the next least senior person shall be chosen for transfer. 7. During excessing, team members will be considered as individuals. An employee transferred under provisions of this section (excessing, District initiated, but not leaves) shall be assured of at least two years' placement in the new position; unless the new position is eliminated, the employee initiates a transfer that is granted, or the employee 32 is affected by the Reduction In Force policy. D. If an excessed person has been placed, s/he may return to the original building if a position within his/her span/subject area from which s/he was excessed becomes available by October first of the second year after being excessed (for example, a person excessed in May, 2005, has the right to return up to October 1, 2007). E. This return takes precedence over the voluntary transfer procedure. However, in returning to the original building, the excessed person is subject to excessing procedures for the following year. Staff will be offered the right to return to the original building in reverse order of excessing, i.e., the staff excessed last shall be given the first offer to return. Once an employee declines a position from which s/he was excessed, the excess rights to return have been waived. F. In a year in which a building excesses staff as a result of adverse financial conditions, no new courses will be added that the current staff at that school are not qualified to teach. However, if one high school (Liberty) is excessing and another (Issaquah High) is not, the second high school (Issaquah) is not limited by the additional course offering clause. G. In a year in which a building excesses staff as a result of declining enrollment, no new courses may be added if the adding of courses increases the number of teachers who will be excessed. H. Except when opening a new school, excessed staff will be placed in a position before transfer requests are considered. If that placement does not match the individual’s transfer request, s/he will be offered additional positions according to his/her transfer request. Once placed in a requested position, that position will be considered his/her assignment for the next year. Only when opening a new school or schools, transfers to the new school(s) shall occur prior to the District excessing procedures. Section 4.1.17 Reassignments Release Time/Per Diem Pay for District Initiated Transfers and Up to three (3) days' release time/per diem pay will be granted for: 1. District initiated transfer at the elementary level to another building or program. 2. District initiated reassignment at the elementary level to a different grade level, provided the employee has not taught that level during the past three years. 3. District initiated transfer at the secondary level to another building or program. 4. District initiated reassignment at the secondary level to two (2) or more classes outside the major department/content area, provided the employee has not taught classes in the newly assigned area during the past five (5) years. For example: A. B. 5. An employee is transferred from 7th grade math/science to 7th grade LA/SS; An employee is reassigned from five art classes to three art classes and two math classes, and the employee has not taught in the math department during the last five years. An employee who has been excessed is entitled to the three (3) day release time/per diem pay benefit once s/he has accepted or been assigned to a new position. If the employee is recalled to the original building, and accepts the offer prior to the last week of school, the three day option will not be available. It is the responsibility of the employee to request up to three (3) days' release time or per diem pay for a District initiated transfer or reassignment. 33 The employee may opt for a combination of release time and per diem pay, up to a total of three (3) days. The number of days and choice of release time and/or per diem pay shall be made by the teacher. Release time/per diem pay will not be granted for: 1. 2. Moves from one classroom to another between school years. The District will provide moving assistance by custodial/maintenance staff. (see Section 4.1.18) Employee initiated transfer or reassignment to another building, program, grade level, department, or content area. Section 4.1.18 Custodial Assistance: When an employee moves from one room to another within the building or program, there will be guaranteed custodial assistance for the move. Section 4.1.19 Notification: The District will notify, in writing, employees who receive a District initiated transfer as well as those who are assigned from the Excess/Leave list. Teachers who receive a District initiated transfer will be given written notification for the reasons for the transfer. Under normal circumstances, such notification will be made before school closes for the summer or as soon as possible after the need for the District initiated transfer becomes apparent. Section 4.1.20 Review of Reasons for Transfer: Any employee receiving a District initiated transfer may confer with his/her immediate supervisor and/or the superintendent or designee for the purposes of reviewing and discussing reasons for the transfer. The employee may be accompanied by a representative of his/her choice. Section 4.1.21 School Closure: Whenever a school is closed, employees displaced by the closure will fill out a transfer request form. Section 4.1.22 School Opening: Whenever a new school is opened, the District will first seek voluntary transfers. If qualified volunteers cannot be obtained from the list in sufficient numbers, then the District may initiate transfers or hire new employees. Section 4.1.22.1 Staffing of a New School: implement the following core staffing procedures: When financially possible, the District will Prior to the selection of staff for the new school(s), the Superintendent will name the principal(s) for the new building(s). The Superintendent and/or designee with the appropriate administrator and the new principal will develop a general statement of direction for the new building. This information should be available to all staff by October 31 of the year preceding the opening of the building(s). Full development, planning, and implementation of the statement of direction will be completed by the core staff. Section 4.1.22.2 Core Team: A Core Team will be composed of community members and certificated staff. It will be the intent to assign certificated personnel to each new school by December 31 of the year preceding the opening of the building(s). Certificated staff (Core staff) shall be represented on the core team as follows: A. Elementary Building: (6 members) - Four teachers, including a primary and an intermediate teacher, a teacher with special ed. and/or Chapter I experience, and a library media specialist. B. Secondary Building: (8 members) - Six teachers representing a cross section of the curriculum, a counselor, and a library media specialist. If a library media specialist and/or a counselor do not apply, teachers may fill the position(s). 34 Section 4.1.22.3 Qualifications of Core Staff 1. To apply to be a Core staff member, one must have two (2) years of satisfactory teaching experience in the Issaquah School District. 2. One must have demonstrated leadership in a previous building(s). Leadership includes, but is not limited to, working on District, building, grade level or department committees, and involvement in the IEA. Section 4.1.22.4 Selection of Core Staff 1. A team of administrative and certificated staff shall recommend Core staff members who are committed to the development, planning, and implementation of the statement of direction for the school. 2. This selection team shall be composed of the new principal, the appropriate District administrator, and two (2) certificated staff members named by the IEA president. 3. The selection team shall use an application and interview process with applicants who apply to the Personnel Department. It is anticipated that applicants will apply between November 1 and 15. 4. A separate application must be completed for each building in which a staff member is applying for a core staff position. The applications will include the following information: A. B. C. D. E. F. G. Name, date, current building, and new building. Teaching experiences that pertain to the statement of direction. Include references to effective participation on a team, curricular innovations, effective use of varied teaching strategies, and rapport with students as appropriate. Leadership experiences that may include, but are not limited to, District, building, community, co-curricular, and IEA activities. A statement of why the applicant wants to be a Core staff member. An idea that the applicant would like to see implemented in the new building. What contribution the applicant will make to a new school. The requested teaching/staff assignment: 1st choice, 2nd choice, and 3rd choice Section 4.1.22.5 Selection of Remaining Staff: Remaining positions in the building(s) will be filled through the Assignment and Transfer policy. When staffing in the District allows, a minimum of three positions will be filled by staff newly hired by the District. Section 4.1.22.6 Responsibilities of Core Staff 1. The Core Team will be responsible for the development of a mission statement and implementation of the curriculum for the school that supports the District’s Mission, curriculum, and policies. The Core Team will also work to involve the community. The Core Team will develop building procedures and order materials. The Core Team may request waivers of the negotiated agreement prior to the new school being fully staffed or after the May 1 waiver request deadline. 2. Once selected, the core team will be assigned to the building. Core staff will serve as mentors to all staff in helping facilitate the opening of the new building. After the first day of school, the Core staff will blend into the total staff. All duties as Core staff will end at that time. Section 4.1.22.7 Compensation for Core Team 1. Time spent in planning will be commensurate with the stipend. 35 2. Each Core staff member will receive a stipend of $1800 for the period the Core Team is active. In addition to this stipend, each Core staff member may be released up to five (5) days for planning purposes or compensated for up to five (5) days at the discretion of the planning principal. Section 4.1.22.8 Compensation for All Staff: All staff will be paid up to an additional two (2) days' per diem pay for planning meetings to be held prior to the opening of the building. Section 4.1.23 New Instructional Programs The Superintendent and/or designee with the appropriate administrator will develop a general statement of direction for new instructional programs. Information should be available to all staff by January 14 of the year preceding the opening of the program. The District and the Association shall meet to discuss the staffing and procedures to be followed. Part C - Advertising and Posting Section 4.1.24 Position Posting: Positions that are not subject to Assignment and Transfer timelines will be posted and shall remain open for at least seven (7) calendar days. During the school year, position announcements will be distributed to each building for posting. Section 4.1.25 Trade with a Colleague: Teachers may arrange a trade of one school year's duration with a colleague, subject to the approval of the building principal(s) or program manager(s) involved. Section 4.1.26 Job Share: Initial applications -- Written requests must be turned in to the Executive Director of Personnel by March 15th of each school year. Requests shall include: 1. 2. 3. 4. Principal’s approval of a job-share position. Principal/program director's signature indicating satisfactory evaluations for the past two years. Names of certificated staff requesting job share. Plan for job share worked out with involvement of principal/program director of building where job share will take place. When a job share partner is coming into a different building or program, the individual will be interviewed according to the transfer process as part of the approval process. A substitute staff person (11.1.2) or non-continuing contract staff member, when qualified, may be interviewed after continuing contract staff are considered as a job share partner. If selected s/he will receive a non-continuing contract for the year. The job share plan must include how the following items will be covered where applicable: A. B. C. D. E. F. Faculty meetings, parent conferences, field trips, staff development, in-service, open house, curriculum nights, first day of school, last day of school, parent/teacher conferences, camp, and the plan to address MDSD time. Agreement of acceptable division of time, e.g., A.M./P.M.; 2.5 days/2.5 days; etc. Discipline plan (so there is consistency). Division of responsibility for District curriculum delivery to provide consistency Communication system: between each other, with principal, with parents, with other teachers and staff, with parents regarding share plan. Written request for half-time leave of absence. Section 4.1.26.1 Approval: Approval of job share and leave requests will be consistent with current contract language. However, the applicant has sole responsibility for ensuring that the above application information is complete. Section 4.1.26.2 Benefits: Job share participants will qualify for salary advancements, experience credits, disability leave, and insurance as would any part-time FTE certificated employee. 36 Section 4.1.26.3 Return to Full Time: Should any participant desire to return to full time, the employee shall first have the right to any vacant position for which s/he is qualified within the building or program prior to opening the vacancy to transfers from outside of the building or program. All other sections of the Assignment and Transfer provisions of the contract shall apply as if the employee were full time, regardless of the person’s FTE. Section 4.1.26.4 Other: Should a job share participant resign or take a leave of absence prior to or during the school year, the District will handle the job share situation as follows: 1. 2. Offer full-time employment to remaining job share person. Seek compatible replacement or interim substitute. Section 4.1.27 Administrators: Administrators may transfer into the bargaining unit under the following conditions: 1. After all bargaining unit members have had the opportunity to transfer and a position would be opened to outside applicants; or 2. When an administrative position has been eliminated and there is only one open position for which the administrator is certificated. When an administrative position has been eliminated at a time when the District is financially unable to hire staff and if there is an opening for which the administrator is not certificated, the least senior member in the bargaining group who is qualified to fill the opening and whose current job the administrator is qualified to assume will be placed in the open position. Any member of the bargaining group thus transferred will be guaranteed the same rights as a bargaining group member who has been excessed. No bargaining unit member can be RIF'd as a result of this contract provision. Section 4.1.28 Echo Glen Summer School or District Summer School: Staff seeking positions for the Echo Glen Summer School or District Summer School program will not use the Transfer Request List. Qualified applicants shall be assigned to Echo Glen or District Summer School positions based on the following priorities: Section 4.1.28.1 Echo Glen Summer School 1. 2. 3. 4. District employees with regular Echo Glen assignments in the same major. Qualified Echo Glen staff whose positions have been discontinued for the summer. Other Echo Glen staff and District employees. Out-of-District applicants. Section 4.1.28.2 District Summer School 1. 2. District employees with assignments in the same major or grade level, as appropriate; Out of District Applicants. Section 4.1.28.3 Within the above qualified groups, assignments shall be based on: 1. 2. 3. The required certification; Satisfactory evaluation and not on a plan of improvement; and, A major, minor or endorsement (as the position requires) in the area, or three (3) years' satisfactory experience in the same basic position, which qualifies the employee for the position based on its specifications. (A major will be required only in those areas in which an individual with a minor would not be successful.) If there are no employees who meet the qualifications stated above, the District reserves the right to place an employee who desires a position for which s/he may not be qualified in the position. 37 Section 4.1.28.4 Retire/Rehire Staff The intent of State Law ESSB 5937 is to provide school Districts with another tool to address shortages, particularly in hard to fill positions. The goal of filling open teaching positions is to hire the most qualified teacher, with preference given to candidates willing to provide long-term continuity. Retiring teachers who want to be considered for open positions in the District shall meet the eligibility requirements as prescribed by state law ESSB 5937. Written notification of intent to retire must be received by the Personnel Department by May 1st of the year of their retirement to allow them to apply for open positions in the following school year. Open certificated positions shall follow the process defined in Article 4: Hiring, Assignment, and Transfer of the negotiated contract. Retired teachers who are rehired shall be hired on a one-year replacement contract and have no continuing contract rights. Positions will be declared vacant when the building/District staffing process begins. Implementation of any retire/rehire policy and procedures shall not conflict with state or federal laws. When conflict arises, state and federal law shall take precedent. Section 4.1.29 Instructional Realignment Section 4.1.29.1 Retraining Program: The administration will implement a retraining program when the administration determines an imbalance exists or is projected to exist between the curriculum needs of the District and the qualifications of the teaching staff to meet those needs. Section 4.1.29.2 When Retraining Needs Eclipse District's Program: If the District determines that the retraining needs are outside the scope of its in-service training program, the following action will be taken: A. The curriculum or program that is being phased out will be identified prior to the end of the school year. B. The individuals in the phased out curriculum area or program will be identified. C. The need for re-training and the proposed program will be described to all of the individuals identified in B, above. D. Individuals will be given the opportunity to volunteer for the re-training program in the area of their choice. If more individuals volunteer than are needed, volunteers will be selected on the following basis: 1. Volunteers who, in the opinion of the District, will require the least retraining. Criteria used will be relevant educational training, educational degrees, certification level, recency of training, and successful related work experience. 2. If volunteers are about equal with regard to 1, above, the most senior of the equal volunteers will be selected. 3. An exception to seniority may be made if the individual is within four (4) years of retirement. This person would not be required to re-train, nor does the District have an obligation to retrain this person if there are sufficient volunteers. 4. If there are an insufficient number of volunteers, the individuals with the least seniority as determined by placement on the District's seniority list will be required to re-train. If an individual is selected who has previously completed a re-training program on this basis, that individual will be skipped at his/her request, and the next least senior individual will be selected. 38 Section 4.1.29.3 Implementation: Re-training will be carried out as follows: A. A program for re-training will be established by the employee and one or more members of the administration. If desired, the employee may be accompanied by an Association member as an observer. The program, including courses selected, must be approved by the Assistant Superintendent of Teaching and Learning. The program may include up to a total of 25 quarter hours in the new subject area. B. If the cost of tuition and credits are not separated, the employee will pay one-third of the course tuition or the District rate for tuition, whichever is lower. C. The District shall approve requests for full or partial leaves of absence without pay for the purpose of completing the re-training program. D. If the District pays for 3-10 quarter hours, the employee shall agree to teach for the District for at least one (1) year after the completion of training. E. If the District pays for 11 or more quarter hours, the employee shall agree to teach for the District for at least two (2) years after the completion of training. F. If an employee does not fulfill the obligation listed in D or E, above, the amount of tuition paid by the District will be deducted from the employee's last pay warrant. The District may waive this provision if the resignation is in the best interest of the District. G. An employee will be expected to complete satisfactorily at least three (3) quarter hours of training each school quarter and/or a minimum of 15 credits per calendar year. Exceptions may be made by mutual agreement. H. An employee may be assigned to teach courses in the new subject area as soon as the individual is qualified to teach the specific class. An employee may, for example, be assigned a lower level math class prior to becoming qualified at a high level. For the purpose of this provision only, qualified means the completion of nine (9) re-training credits. Section 4.1.29.4 Unsatisfactory Evaluation: An employee will not be placed on probation as a result of an unsatisfactory evaluation during the first year of teaching in the re-trained area. Section 4.1.29.5 Consequences of Failure to Meet Timeline: If an employee fails to complete the required training program on the timeline established, the District shall reduce the FTE of the employee's contract to an FTE that is consistent with the District's needs in the areas for which the employee remains qualified. Section 4.2 Selection of Non-Administrative Certificated Personnel Section 4.2.1 Board Commitment: The Board holds the administration responsible and accountable for the selection of all non-administrative certificated personnel. In accordance with the affirmative action policy, the District is committed to equal employment educational opportunities. The Board recognizes that the teaching staff can provide a valuable contribution in the selection process. Section 4.2.2 Prior to Selection: Prior to the selection of certificated personnel under this policy, consideration shall be given to: 1. 2. Assignment of current staff to available positions. Employees requesting to return from a leave of absence. Section 4.2.3 Posting: All positions will be posted in each building. When open to applicants from outside the District, all positions shall be posted with representative agencies within the university and college sectors and with local, county, and state employment agencies. 39 Section 4.2.4 criteria: 1. 2. 3. 4. 5. 6. Selection Criteria: An individual shall be selected on the basis of the following Program needs of the District; Program needs of the school and of the particular department; Educational experience; Work experience; Compliance with the District's affirmative action goals; and Interest and preference of the applicant. Section 4.2.5 Interview Team: To assure a fair and equitable system for the selection of nonadministrative certificated personnel, the District will strive to organize an interview team that will consist of: 1. 2. 3. 4. The building principal or designee. The building department head, team leader, or specialist. A non-administrative, certificated staff member. A non-certificated interview team member may be added on the recommendation of the building principal and the approval of the Executive Director of Personnel. In the event of special circumstances, the District may modify the size and composition of the interview team. The modified team will consist of at least a principal and a non-administrative certificated member. Special circumstances are defined as interviewing for and hiring hard-to-fill positions as identified by IEA and the District or when recruiting, such as at job fairs. The Executive Director of Personnel or designee will select the special circumstances interview teams after consultation with IEA. Section 4.2.6 Availability of Team Members: Staff will be informed by the principal or appropriate administrator regarding how to volunteer for staff hiring committees. Section 4.2.7 Gender and Minority Representation: The Executive Director of Personnel shall make every effort to have both sexes represented on the team and, if possible, to include at least one minority member. Section 4.2.8 Team Recommendations: The Personnel Director shall arrange for interviews. Upon completion of interviews, the team shall present their recommendations to the Personnel Director. If a majority of the team believes that any of the interviewees not selected were also well qualified for selection, it should be so noted. Section 4.2.9 Manager Recommendations: The recommendation to fill any position may be made from a list of those already interviewed who received a recommendation from the majority of an interview team. Such a recommendation may be made by a principal or program manager without benefit of convening another interview team, unless s/he believes it desirable to do so. Section 4.2.10 Instruction in Interviewing and Selection Techniques: To prepare individuals for interviewing and selecting candidates, the Personnel Director will provide instruction in interviewing and selection techniques. The instruction will stress professional responsibility and confidentiality. Section 4.2.11 Selection Process for High School Department Chairpersons: Positions for Department Chairpersons shall be posted, and interested department personnel may apply. At the principal’s discretion, the selection may be made by building principal appointment or a team/committee process. Selected department chairpersons shall be subject to final approval by the Executive Director of Secondary Education. Section 4.2.12 Selection Timing for High School Department Chairpersons: Department Chairpersons shall be selected for a time period of no greater than three years, or at such times 40 when the principal calls for the selection of a new Department Chairperson. Chairpersons who wish to continue serving in the role must reapply at the end of their term. Section 4.2.13 Selection Process for Elementary Grade Level Team Leaders and Middle School Team Leaders: Positions for Team Leaders shall be posted, and interested department personnel may apply. At the principal’s discretion, the selection may be made by building principal appointment or a team/committee process. Selected Team Leaders shall be subject to final approval by the Executive Director of Elementary and Middle School Education. Section 4.2.14 Selection Timing for Elementary Grade Level Team Leaders and Middle School Team Leaders: Team Leaders shall be selected for a time period of no greater than three years or at such time when the principal calls for the selection of a new Team Leader. Team Leaders who wish to continue serving in the role must reapply at the end of their term. 41 Article 5 Compensation, Insurance and Co-Curricular Section 5.1 Salary: The base salary for 2010-2011, which assumes a full-time, 180-day work year, shall be $34,080. Section 5.1.1 The parties intend to comply with the limitations imposed by law. No provision of this agreement shall be interpreted or applied so as to place the District in breach of the salary limitations imposed by state law. Section 5.1.2 If the calculated derived base as determined by OSPI exceeds the compliance standard, salaries will be rolled back to comply with salary compliance. The parties will meet to discuss the procedures to be followed. If the derived base as calculated by OSPI drops below the compliance standard, an equal upward adjustment will be made in April to ensure that the derived base is no more than 0.15% below full salary compliance. If state funding for Learning Improvement Days increases or decreases in relation to the level in the preceding state funding year, the District shall be entitled to adjust flow-through of such state funding for teacher salaries accordingly, without the need for the District to act to adversely affect or terminate individual employee contracts. The parties will meet to discuss the procedures to be followed. Section 5.1.3 With regard to salary: 1. All monies that flow through from the state for teacher salaries will be distributed on the teachers' salary schedule. 2. The base contract will be 180 days. Any applicable State Learning Improvement Days will be added to the Base contract through the duration of the contract. Section 5.1.3.1 the following: Learning Improvement Days: The two Learning Improvement Days will be 1. Specific dates will be found on the Calendar for the relevant year. 2. Learning Improvement Days may be used for activities that include developing and updating student learning improvement plans, implementing curriculum materials and instructional strategies, providing professional development to implement the selected curricula and instruction, developing and implementing assessment strategies and training in assessment scoring, and conducting other activities intended to improve student learning for all students including students with diverse needs. Activities shall be consistent with District and School plans for improving student learning. District and school plans shall delineate how the Learning Improvement Days will be used to assist students in meeting the essential academic learning requirements and help the District or School achieve state, federal, and local accountability goals. Plans shall be made available to the public and to others upon request. 3. Those Learning Improvement Days identified for building use will be used as determined by the building's shared leadership process. 4. The OTs, SLPs, Psychologists, Behavior Specialists, and other specialists as mutually determined by the Association and the District will participate in staff development training pertaining to their assignment during two 1/2 LID days. The training may not conflict with District-mandated trainings. 42 Section 5.1.3.2 Per Diem Days: For 2010-2014, there shall be a minimum of four (4) per diem days. 1. There shall be 1.5 Individual Preparation Days, worked on site. Individual staff may voluntarily work with grade, team or departmental colleagues on these days. The 1.5 days will be scheduled prior to the first student day. 2. There shall be a 0.5 Building Business Day, designed by the principal prior to the first student day. 3. These two (2) per diem days (referenced in 1 and 2, above) shall be paid on a supplemental contract, in twelve (12) equal installments – September through August. The (third and fourth) per diem day(s) will require documentation of attendance. Payment schedule for these days will be determined by mutual agreement between the District and the Association. 4. Day(s) 3 and 4 shall be District-directed, in collaboration with the Association. 5. All Certificated Special Education Staff will have one (1) additional per diem Districtdirected day prior to the start of the school year. This day will be paid at their per diem pay rate based upon their FTE. 6. For 2010-2011 only, all certificated staff will have one (1) additional per diem Districtdirected day. This day will be paid at their per diem rate based upon their FTE. Section 5.1.3.3 Additional Responsibility Compensation: Additional Responsibility Compensation (ARC) will be pro-rated on the basis of a certificated staff’s annual FTE and calculated at 9.5% of each cell for 2010-2011 through 2011-2012, 9.75% of each cell for 20122013, and 10.25% of each cell for 2013-2014 and for the duration of the contract. This money will be put in a Tuition Reimbursement Fund (TRF) each year for each member and can be accessed in the following ways: A. Money from the Tuition Reimbursement Fund may be used to reimburse employees for required or job-related tuition expenses. Funds for reimbursement of expenses are not taxed. Any unused funds allocated to a staff member may be taken as compensation and are taxed as regular income. Staff must inform the District by September 30th of their intent to use some or all of their TRF for tuition reimbursement, or to convert their entire percentage to compensation. If employees choose to use some or all of their TRF for tuition reimbursement, they may submit their paperwork for reimbursement one time only each year between November 1st and June 30th. Staff will be reimbursed for qualifying tuition costs (untaxed), and the remaining amount, if any, will be received as compensation (taxed) in the next pay cycle. Each school year, reimbursement will be made for courses taken between the previous July 1st and subsequent June 30th. Receipts and verification of successful course completion must be received no later than June 30th. If documentation for reimbursement is not received by June 30th, any remaining funds will be received as compensation in the August 31st paycheck. The tax savings that the District realizes from the tuition reimbursement portion of this fund will be added to the Professional Growth and Incentive Fund described in Section 5.1.3.4 for distribution the following year. B. Staff who elect to receive all of their TRF dollars as compensation will receive their entire percentage in the November paycheck. Reimbursement or the additional compensation received under this provision is in recognition of additional responsibility and continued service beyond regularly contracted hours and as an incentive for personal and professional growth. 43 C. The Additional Responsibility Compensation provided through the distribution of the Tuition Reimbursement Fund described above will be pro-rated for new or returning employees who begin work after the start of the school year. The amounts available will also be prorated for employees who leave employment prior to the end of the work year. D. The Additional Responsibility contract is compensation for carrying out professional activities and responsibilities, such as: 1. Attendance at Meetings a. Site and department planning meetings; b. Parent and community volunteer meetings; 2. Curriculum Integration c. Team planning for integration of curriculum; d. Integration of new curriculum with existing curriculum; e. New adoption materials preparation 3. Materials and Instructional Preparation f. Creation of new instructional materials; g. Instructional preparation (eg. Lab set-up) h. Room preparation at the beginning and end of the year; 4. Professional Development i. Reading and research to increase professional knowledge and expertise; j. Coursework or staff development for professional growth; k. Becoming proficient in the use of technology. 5. Differentiated Work with students l. Increase performance and participation of students who are at risk or who have special needs; m. Increase performance and participation of students who require acceleration; 6. Other Professional Duties E. Curriculum night attendance is a required responsibility for ARC. F. Each certificated staff member carries an equitable share of responsibility for activities outside of the work day which the building principal and staff have determined as necessary to the successful functioning of the educational program (excluding Curriculum Night). G. Technology proficiency is provided under Section 2.12 of the contract. Section 5.1.3.4 Professional Growth and Incentive Fund (PGIF): Effective September 1, 2010, each IEA member shall receive a stipend of $1,750 prorated on the basis of their annual FTE. Effective September 1, 2011, this stipend amount will be increased to $1,875, effective September 1, 2012, this stipend amount will be increased to $2,000, and effective September 1, 2013 and for the duration of the contract, this stipend amount will be increased to $2,150. Individual Staff may elect to use their portion of the fund for: 1. Reimbursement for materials and supplies, that may include such things as books, manipulatives, equipment, subscriptions, software, professional (not-IEA) dues, conference registration, and related travel expenses that comply with district travel policy and procedures, $30 per month or up to $360 per year for home internet access for school related professional purposes, etc.; 2. Reimbursement for tuition and registration fees, and related travel expenses that comply with district travel policy and procedure; or 44 3. Compensation for up to an additional thirty (30) hours of work on or off site. The hourly rate for this purpose is computed by dividing the PGIF amount by thirty (30) hours. The individual staff member is responsible for submitting a request for compensation for the hours worked. 4. Reimbursement will be made one time each year for materials and supplies purchased, tuition, or work performed between July 1 and June 30. Receipts are to be attached to the reimbursement form and sent to the Accounting Department, Administration Building, to be received by 4:30 PM on June 30th. Whenever reimbursement forms are submitted, reimbursement will be received in the next reimbursement pay cycle. Any unused funds from the employee’s PGIF allocation will be received as compensation in the next payroll cycle, when accompanied by a Request for PGIF Salary Reimbursement form, as described in Section 5.1.3.4(3) above. All forms must be submitted by June 30th. Amounts received as compensation will have both the employer taxes and the payroll deductions deducted from the total amount prior to distribution. 5. Staff members who have started their Masters program prior to August 31, 2004 will be grandfathered into the Masters program described in Section 5.11.h. Section 5.1.3.4.1 Professional Development Pay: Effective September 1, 2010, and for the duration of the contract, 1.0 FTE staff will be eligible to receive up to twenty-five (25) hours of staff development per year paid at the professional hourly rate. Staff who are acting as an approved instructor for applicable offerings under this section and pursuant to Section 5.13.5 may be compensated at Per Diem rate. Total professional rate or Per Diem rate compensation may not exceed the amount established by this section. Funds associated with this provision are contingent upon a levy lid of 28.97% and will become null and void if the levy lid falls below its current statutory percentage. Section 5.1.3.5 Longevity Stipend: Staff who have thirty (30) years or more in Washington State service and who are eligible for retirement will receive a $1000 annual payment as an incentive for not retiring. If a staff member becomes eligible during a year, the incentive will be prorated. If a staff member, who has received the incentive, retires during the year, the staff member will repay all of the incentive s/he received that year. Section 5.1.3.6 Step 16 MA+90 Bonus: Staff who have attained fifteen (15) years of experience and hold a Masters degree plus ninety (90) credits shall receive a $1,000 retention stipend applied each year, beginning in their 16th year of experience. Section 5.1.3.6.1 Retention Stipend: Effective September 1, 2010 and for the duration of the contract, in recognition of years of service provided by certificated staff, a retention stipend will be provided as follows: Years 10 – 14 Years 15 – 19 Years 20 – 24 Years 25 and up $525 $725 $925 $1,125 This retention stipend will be pro-rated on the basis of a certificated staff annual FTE and will not be available to retire-rehire staff. Section 5.1.3.7 Salary Warrants/Verifications: Salary warrants/verifications usually will be issued on the last day of each month. The District will provide employees with an annual schedule of payroll dates. 45 Section 5.1.3.8 Direct Deposit Banking: All certificated employees will use direct deposit unless granted a waiver, through written request, to the Executive Director of Personnel for exceptional circumstances; i.e., legal or religious reasons. Washington School Information Processing Cooperative (WSIPC) will facilitate entering one payment into the clearing system so that employees may directly deposit their salary in almost any bank of their choice. The deposit must be for the full amount of the warrant, and, except for the termination of service, there can be no changes during the year. Section 5.2 Extended Contracts: Teachers with extended contracts shall be paid one onehundred-eightieth (1/180) of their regular contracted salary for each day beyond the 180 day work year. Section 5.3 OT/PT: The District shall pay for those professional licenses required for occupational therapists and physical therapists to practice. Section 5.4 Covering Classes: If a certificated employee is asked by an administrator to cover a class for which there is no substitute, the teacher will receive his/her individual per diem hourly rate of pay. A certificated employee voluntarily covering a class as a favor for a colleague will not fall under this section. Section 5.5 Proctoring Tests: Any certificated staff member who is requested to and agrees to use prep, or any non-student contact time, for the purpose of administering or proctoring a standardized test shall be compensated at his/her per diem hourly rate of pay. Section 5.6 Auto Expenses: Any certificated employee who is required to use his/her personal automobile for travel, other than to or from the regularly assigned place of employment, shall be reimbursed at the per mile amount allowed by the Internal Revenue Service as of September 1 of each school year. Section 5.7 Co-Curricular Activities: For represented positions, the existing co-curricular salary schedule will be increased at the same rate as the basic salary schedule. Section 5.8 504 Coordination: Each building will identify a 504 coordinator. The 504 coordinator shall: 1. 2. 3. 4. Annually train the staff in 504 discipline rules and responsibilities; Identify what reasonable accommodations are; Re-evaluate and update each 504 plan in the fall; Ensure that the teacher(s) who need to provide the accommodation(s) are informed each fall of the need for accommodation(s), and inform the teachers whenever the accommodation(s) are identified or changed. In payment for accepting this assignment, the 504 coordinator will receive $25 per 504 case handled each year. Only 504 cases entered into the District data storage system after September15 of each year will be used to compute compensation. Each 504 coordinator will keep a log of cases. Payment will be made once each year. 504 meetings are under the jurisdiction of the Principal and are not a Special Education program. Section 5.9 Professional Non-Education Experience Nurses, Psychologists, ESA-certified Behavior Specialists, SLPs, and OT/PT staff will receive an incentive payment for non-school related, verifiable, professional experience. The stipend will be based on one (1) year of credit for every two (2) years of experience. The amount of the stipend each year will be equal to the lesser of the actual amount of creditable experience the salary schedule would generate, or the individual’s prorated amount of a $25,000 pool. The stipend will be determined by October 1 each year, based on the verification records on file as of September 30. Eligible staff hired after October 1 will receive a prorated stipend. 46 Section 5.10 Additional Professional Training: Employees who consider themselves eligible for advancement on the schedule because of additional professional training shall provide advance notice by the first Friday after Labor Day. Employees shall submit satisfactory evidence of such work to the superintendent or designee by September 30, to receive credit for that particular year. Section 5.10.1 Salary Placement: Advancement on the salary schedule is based upon teacher experience, educational credits, and/or clock hours. Section 5.10.2 Misplacement on the Salary Schedule: In situations where an individual has been misplaced on the salary schedule, the period of time to be considered for reimbursement shall be three (3) contract years from the date of discovery. This period of time will pertain to instances in which the employee owes the District money due to overpayment and instances in which the District owes the employee money due to underpayment. When necessary to recapture overpayments, the District and the employee will mutually agree to a payment schedule. Section 5.10.3 Teaching Experience within the District: Credit shall be given for all teaching experience within the District, whether contracted or substitute. All experience will be computed on a full time equivalency (FTE) basis with one (1) year being defined as 180 FTE days. An additional year of experience will be granted for salary purposes if an employee has a remainder of 91 FTE teaching days after computing full years of experience. There will be no retroactive pay adjustment. The employee is responsible for providing the experience verification form to the Personnel Department. Section 5.10.4 Experience in Other School Districts: Full credit shall be given for experience in other school Districts, whether in or out of the state of Washington, provided the experience is of such a nature that it would have been recognized had it been gained in the Issaquah School District. Substitute experience is included. The Personnel Department will provide the appropriate verification of experience form to staff members seeking credit for out–of-District experience. Experience credit will be defined and applied to the Issaquah salary schedule consistent with appropriate sections of the Washington Administrative Code. For experience to be considered on the salary schedule for that year, the staff member is responsible for providing verification of experience to the Personnel Department by September 30. Section 5.10.5 American Supported Schools: Experience credit shall be granted for teaching in American supported schools (such as Peace Corps) while on an approved leave of absence for that purpose. Section 5.10.6 Military Experience: For military experience that interrupted actual teaching, the District will recognize for experience credit a maximum of five (5) years, or as required by the Uniformed Services Employment and Reemployment Rights Act and Washington State law. Section 5.11 Credits and Clock Hours: Placement on a column of the salary schedule shall be determined by educational credits and clock hours (10 clock hours equals 1 credit). A. A teacher with a bachelor’s degree shall be placed on the first column at the appropriate experience step. B. A teacher with 15 or more quarter hour credits (or equivalent) beyond the bachelor’s degree shall be placed at the appropriate experience step in the column corresponding to the number of quarter hour credits that the teacher has earned beyond the bachelor’s degree. C. If an employee holds a master’s degree, quarter credits in excess of 45 between the dates of the bachelor’s and master’s degrees may be added to quarter credits beyond the 47 master’s degree for placement on the salary schedule. A teacher with a master’s degree shall be placed at the appropriate experience step in the BA+90 or master’s degree column. A teacher with a master’s degree plus 45 quarter-hour credits (or equivalent) or more shall be placed at the appropriate experience step in the BA+135 or MA+45 column. A teacher with a master’s degree plus 90 quarter credits (or equivalent) or more shall be placed at the appropriate experience step in the MA+90 column. D. Only staff who were employed in certificated positions on continuing (provisional) contracts before September 1, 1992, are eligible to be placed on column 8 using their bachelor’s degree with 135 credits. All certificated staff hired after September 1, 1992, may be placed on column 8 when obtaining 45 credits in addition to a master’s degree. Those current certificated employees eligible to access this column with a BA+135 will have until September 1, 2000 to do so. E. Only staff who were employed in certificated positions before September 1, 1997 are eligible to be placed on the BA+60 or BA+75 columns. Those persons employed prior to September 1, 1997 will have until September 1, 2000 to access these columns. Any employee on the BA-60 or BA-75 column who moves to the BA-90 or another column funded by the State Allocation Model will receive a one-time payment of $1500. F. Occupational and physical therapists are grandfathered in regards to professional credits and may only apply three (3) professional credits per year towards salary placement. G. Clock hours will be accepted for salary schedule placement as long as they are funded by the state. H. Master’s Tuition Stipend: Any employee who, by August 31, 2004, enrolls in an initial Master’s program, recognized by the State for salary purposes, is eligible for up to $1000 per year for tuition reimbursement for a maximum of three (3) years. Employees who enroll in a Master’s program after August 31, 2004 are not eligible to receive this benefit. I. Master’s Award Stipend: Staff employed prior to the award of a Master’s degree will on the award of an initial Masters degree, conferred after September 30, 1998, receive a stipend of $2000. This stipend will be paid in the September paycheck of the contracted year following the award of the initial Masters degree. The $2000 Masters Stipends are applicable to certificated staff who have provided the District appropriate documentation of their enrollment in an initial Masters degree, on or before September 4 2002. Those beginning a master’s program after September 4, 2002, are not eligible for this stipend. Section 5.12 Mix Factor: The final determination as to whether or not the District will recognize degrees or educational credits is whether or not the state will recognize their application toward the District’s mix factor for funding purposes. Section 5.13 Compensation for Additional Duties: Compensation rates for additional duties will be increased yearly by the same percentage that applies to the salary schedule. In providing compensation for per diem pay, there will be no rounding. Section 5.13.1 Professional Rate of Pay: The Professional Rate of pay for participating in Inservice, Staff Development Activities, Interview Teams, Development of Curriculum, and IEP development shall be $25.39 per hour for the 2010-2011 school year. The Professional Rate will increase at the same rate as salary. Section 5.13.2 Part-Time Staff: Part time staff shall be compensated for planning/full and partial days at their per diem rate. They shall be entitled to a proportional number of days based on their FTE if they choose to participate beyond their required day. For example, if there are two full mandatory planning days and a staff member has a .5 contract, s/he will be paid for 48 participating in one session beyond his/her workday (2 x 0.5 = 1). If there were four additional half days, the 0.5 staff would be compensated for two of those half days beyond his/her workday (4 x 0.5 = 2). Section 5.13.3 Traffic Safety Instruction: The Traffic Safety Coordinator shall receive $27.94 per hour for the 2010-2011 school year. Traffic Safety classroom instructors shall receive their per diem rate of pay. Behind-the-wheel instructors shall receive $26.13 per hour for the 20102011 school year. The rates will increase each year by the percentage increase in the salary schedule. Section 5.13.4 Two or More Persons with Equal Responsibilities: Each certificated staff member who assumes the responsibility for an activity that requires teaching skills and involves two or more persons with equal responsibilities shall be paid at the professional rate. Section 5.13.5 Application of Teaching Skills: Each certificated staff member who assumes sole responsibility for an activity which requires application of teaching skills (developing/implementing a staff development activity) shall receive the hourly per diem rate of pay. Section 5.13.6 Retreat Pay: Retreats are voluntary, and if individuals choose to participate, they will be paid out of building funds at the professional rate. Section 5.13.7 Elementary Music Teachers: Each Elementary music teacher will be paid his/her hourly per diem rate of pay for a required night performance. Section 5.13.8 Developing Elementary Schedule of Classes: The equivalent of up to 22.5 hours per building will be offered to certificated building staff prior to the first contracted day of the year for the purpose of developing elementary schedules. Participants will be paid at their per diem rate. After considering input from the specialists regarding availability, the building principal will establish the date for creating the schedule. Section 5.13.9 Secondary Club Advisor: professional rate of pay. Secondary club advisors shall receive the Section 5.14 Co-Curricular Program Section 5.14.1 Commission: A joint IEA-District commission will be established on an asneeded basis to resolve problems related to the co-curricular salary placement of represented positions in the co-curricular program. A. Purposes of the commission are: 1. To meet with and/or be on call to the Executive Director of Personnel to consider procedural difficulties that arise; 2. To recommend changes in the agreement to the IEA and District bargaining groups. B. The commission shall consist of the Executive Director of Personnel director, director of secondary education, another administrator appointed by the Superintendent, and three (3) members appointed by the Issaquah Education Association president. Additional members may be added by mutual agreement of both parties. Section 5.14.2 New Positions: If a new represented position is established, the Personnel Department and the Association will collaborate to determine the appropriate placement on the schedule. Section 5.14.3 Elementary Instructional Leadership/Club Advisor/Activities Coordination Funds: Effective September 1, 2010 and for the duration of the contract, each elementary 49 school will be allocated a minimum of $15,000 with an additional $30 per student FTE above 500 students FTE per October 1 count each year to compensate certificated employees for instructional leadership responsibilities, club advisor(s), or activities coordination that take place outside of the contracted workday. Decisions concerning what leadership activities will be compensated and the amount they will compensated will be determined through the building staff decision making process. Section 5.15 Extended Contracts Section 5.15.1 Curriculum Projects and Workshops: The District will provide extended contracts for certificated personnel for curriculum projects and workshops to aid in curriculum improvement and offer greater educational services. The Administration will select teachers from among those who have indicated a desire to participate. Applications for extended summer projects for curriculum development shall be available for any certificated staff member in the District. The Executive Directors of Elementary Education and Secondary Education, and the Assistant Superintendent of Teaching and Learning Services shall be responsible for selecting projects. The District shall budget adequate funds for summer curriculum projects and to provide substitutes for teachers involved in curriculum work during the school year. Section 5.15.2 Psychologist Extended Contracts: Each psychologist will receive a supplemental contract for 20 days, prorated based on FTE. These days are for work performed outside of the base contract year. Each psychologist will submit an accounting of his/her work to the Superintendent’s designee/designee, prior to August 1st each year. Section 5.15.3 Nurses Contracts: Nurses will be provided with fourteen (14) hours in August to address workload issues prior to the start of the school year. Section 5.15.4 Special Education OTs/PTs and SLPs: OTs/PTs and SLPs will receive seven (7) hours prior to the start of the school year, which will be used to address work load issues. Section 5.15.5 Librarians: Librarians contracts, excluding overloads, shall include extended days which will be allocated in accordance with the following schedule: a. Elementary Schools – 1.0 FTE – 4 extended days b. Middle Schools – 1.0 FTE – 5 extended days c. High Schools – 1.0 FTE – 10 extended days Section 5.15.6 Counselors: Counselors shall be provided extended days which will be allocated in accordance with the following schedule: a. b. c. d. Elementary Schools – 0.5 FTE – 5 extended days Middle School – 1.0 FTE – 10 extended days High School – 1.0 FTE – 10 extended days Tiger Mountain Community High School – 5 extended days Section 5.16 Teacher Involvement in Curriculum Development Section 5.16.1 District Committees: Any District committee which is assigned the responsibility of creating, studying, evaluating, or otherwise dealing with any District educational program or curriculum must include teachers as members. Section 5.16.2 Compensation for Committee Work: When committees are created, part of the charge of the committee is to determine whether IEA members on the committee are to be compensated. 50 Section 5.16.3 Individuals Conducting Workshops: The District and the Association recognize that it is mutually beneficial for individuals to conduct workshops in their areas of expertise for other school Districts and professional organizations. It reflects positively on the District to have its employees recognized as instructional leaders. Therefore, individuals who are asked to conduct workshops or travel to workshops during work hours shall be allowed to do so. However, if an employee is requested to provide an in-service or workshop on a date that conflicts with team or staff planning, the decision on whether the individual will be excused to do the workshop will rest with the team or staff. Principals/program managers should be notified in advance. Reimbursement for substitute cost shall be made by the receiving school District or organization. If an employee is teaching a class during the workday, s/he will be compensated at his/her regular salary and may accept an honorarium as compensation for workshop preparation and planning. Section 5.17 Insurance Benefits Section 5.17.1 Participation and Funding: Certificated employees with a regular assignment of 0.25 FTE or more shall be provided with an insurance benefit package. Specific plans may vary from year to year as negotiated by the parties. Participation in the plan and funding of the plan shall be as follows: Funding of the Certificated Benefit Pool shall be determined each year by the amount provided by the state for that purpose and may be adjusted each October. The District will fund the pool by an amount equal to the state’s provision for that purpose times the number of FTEs eligible to participate in the pool benefits. The District will pay the full Health Care Authority retiree subsidy. Premiums will be paid from the certificated benefit pool and from employee payroll deductions in those cases where an individual employee’s premiums exceed the level that can be funded from the pool. If selected medical plan premiums exceed the funds available from the pool, the excess costs will be paid by automatic payroll deduction from those employees whose premiums exceed the maximum amount available. Participation shall be monitored through the open enrollment period. Appropriate adjustments in the maximum coverage will be made when needed. Current employees will have two open enrollment periods to make any changes to insurance coverage. Changes received by September 1st will be effective October 1st and changes received by October 1st will be effective November 1st. Employees newly eligible for insurance benefits may enroll when they become eligible. Mandatory participation: 1. Family dental plan as established on a District-wide basis. 2. District vision plan 3. Salary protection plan (long-term disability) with life insurance supplement as negotiated for certificated personnel. This plan is applicable for those employees whose regular assignment is for 0.4 FTE or more. Elective participation: Eligible employees may select appropriate medical coverage for themselves, their family, and/or domestic partner from plans provided for District employees. For those employees who have a regularly assigned position of less than 1.00 FTE, the maximum benefit shall be pro-rated. 51 Domestic partner: State Registered Domestic partners will be provided the same benefit pool allocation (Dental, Vision, and Medical) as employees with spouses. The employer paid premium associated with the domestic partner coverage will be considered taxable (“imputed”) income to the employee (unless the domestic partner meets the definition of dependent under federal law for health care purposes) in accordance with IRS regulations. The parties intend to comply with the limitations imposed by law. No provision of this section shall be interpreted or applied so as to put the District in breach of the limitations imposed by state regulations. Section 5.18 Medical Insurance Deductions Section 5.18.1: Employee Portion: With authorization of the employee, the District shall deduct from each eligible employee’s salary the employee portion of the premium for an approved medical plan. Section 5.19 Employee Assistance Program: The District will offer an Employee Assistance program to all employees. Section 5.20 Required Deductions Section 5.20.1 State and Federal: The District shall make such deductions from the employee's salary as are required by state and federal rules and regulations. Section 5.21 Miscellaneous Deductions Section 5.21.1 Options: All employees of the District shall be eligible to authorize the school District to make certain salary deductions from the following options on behalf of the employee: A. B. C. D. E. F. G. H. I. J. Such tax sheltered annuities that meet the legal stipulations requiring the District to provide payroll deductions, DCP (state Deferred Compensation Program), Standard Insurance Company (short-term disability), American Fidelity (salary insurance), AFLAC (cancer), United Way (charitable), Washington School Employees Credit Union, Group Legal Plan, Term Life Insurance (to $300,000), Section 125 Flex Plan: Health Care/Dependent Care. Eligible certificated staff will be allowed to authorize the District to make salary deductions for Long Term Care Insurance in accordance with the District’s Long Term Care Insurance plan. Section 5.21.2 Eligibility of Optional Plans: sources shall be eligible only if: Optional plans available from any of the above A. The plan is available to all employees of the District currently contributing to one of the state employee retirement plans. B. The contribution can be included in a single remittance with the deductions from all other employees' salaries to a single recipient representing the plan. Section 5.21.3 New Plans: New plans shall be eligible for inclusion through the negotiations process or upon the request of at least 10% of the eligible staff of the school District. 52 Article 6 Leave Section 6.1 Illness, Injury, and Emergency Leave Section 6.1.1 Illness, Injury, and Emergency Leave: Certificated staff shall be granted twelve (12) days’ leave per year for illness, injury and emergency. Unused leave shall accumulate from year to year. Actual illness, injury, and emergency leave hours, taken in half hour increments, shall be deducted from a teacher’s accumulated leave. Section 6.1.1.1 Medical Leave: Any certificated employee who, for reasons of emergency or verified medical illness or injury (i.e., physical, emotion, or mental), cannot perform the functions of his/her assigned position shall, upon request, be granted leave as per the conditions stated in accordance with these provisions. Section 6.1.1.2 following: Emergency Leave: Emergencies shall include, but not be limited to, the A. Illness in the family, funerals other than immediate family (immediate family shall be defined as the following family relationships to both the teacher and spouse/domestic partner: father, mother, spouse/domestic partner, children, siblings, grandparents, grandchildren, aunts, uncles, nephews, nieces, and any relative or significant other residing in the employee's household), (For funerals of immediate family members, see Bereavement Leave (Section 6.4)]; B. Time to fulfill adoption agency requirements that cannot reasonably be scheduled when school is not in session; and C. Emergencies resulting from childbirth or other medical emergencies in the certificated employee's immediate family. Section 6.1.2 Physician's Verification: The District may request a statement from a physician verifying illness when an employee's illness exceeds five (5) working days or the pattern of absences suggests improper use of sick leave. Section 6.1.3 Attendance Incentive: Pursuant to WAC 392-136, the District has established an employee attendance incentive program which enables qualified employees to convert to cash part of their excess Illness, Injury, and Emergency leave, both on an annual basis and upon retirement or death. To convert excess Illness, Injury, and Emergency leave, an employee must have in excess of sixty (60) full earned days of unused hours (480 hours) by December 31 of the previous calendar year. The employee can receive a cash payment in March for unused Illness, Injury, and Emergency leave accumulated during the previous calendar year (January to December), up to a maximum of twelve (12) days per year. The employee will receive a form from the District regarding the procedures of Illness, Injury, and Emergency leave conversion. To be eligible for a cash-out payment, the employee must submit the form by January 31 to the personnel office. The rate of conversion is: (excess days x salary rate x 0.25.) An employee can accumulate Illness, Injury, and Emergency leave up to the number of days in his/her annual basic contract but can use a maximum of 182 days for buy back provisions upon retirement or death. The provisions of this section will be administered in accordance with state law and applicable state rules and regulations. 53 Section 6.1.4 Illness, Injury, and Emergency Leave Expended: After using all accumulated Illness, Injury, and Emergency leave, a certificated employee shall have his/her salary reduced by the amount paid to a substitute until absence owing to illness, injury, or emergency exceeds thirty (30) days for a school year. After thirty (30) days, or after all accumulated Illness, Injury, and Emergency leave is expended, whichever is greater, salary deductions will be made at the certificated employee's full daily rate. Section 6.1.5 Pregnancy Leave: If a disability is the direct result of pregnancy, up to thirty (30) days shall qualify under the terms of the above paragraph. If individual circumstances result in a longer or shorter period of disability, the attending physician shall determine the duration of such period. The request for the physician to make such a determination may be made either by the certificated employee or the District. Section 6.1.6 Parental Leave: An employee who becomes a non-birth parent is entitled to take personal leave as allowed in the contract as well as up to five (5) days of Illness, Injury, and Emergency leave at the time of the birth of that employee’s child. If circumstances warrant additional Illness, Injury, and Emergency leave, leave may be taken as provided for in the contract. This provision does not apply to adoptions. Section 6.1.7 Adoption Leave: Employees adopting a child will be granted up to three (3) weeks leave with pay, deducted from employee’s accumulated sick leave. Extended child care leave may be taken under the Family Medical Leave provisions. Additional paid leave requested based upon a serious health condition of the adopted child will be at the discretion of the Executive Director of Personnel on a case by case basis. Requests for additional paid leave that are non-medical in nature may be available as provided in the collective bargaining agreement. The district will guarantee return to the same position if the person returns within six weeks. Section 6.1.8 Leave Requested in Advance: If an employee can reasonably anticipate any Illness, Injury, or Emergency leave, he/she shall request such leave at least three (3) months before needed or as much in advance as possible. Section 6.1.9 Reinstatement at Return: After giving due notice to the District, an employee returning to work from a leave granted under Section 6.1.8 shall be reinstated to the position held prior to the start of the leave. Reinstatement from Illness, Injury, and Emergency leave shall be with permission of his/her personal physician. Where reinstatement from a leave granted under Section 6.1.8 occurs during a school year subsequent to the school year in which the leave commenced, reinstatement shall also be subject to application of Article 9 (layoff and recall) and/or Article 4 (assignment and transfer). Section 6.2 Illness, Injury, and Emergency Leave Sharing Section 6.2.1 Illness, Injury, and Emergency Leave Sharing Conditions: A. The Superintendent/designee shall permit an employee to receive leave under this policy if: 1. The employee or a member of the employee's immediate family is suffering from an extraordinary, catastrophic or severe illness, injury, impairment, physical or mental condition which has caused, or is likely to cause, that employee to take leave without pay or to terminate employment with the District. 2. The employee has depleted or will shortly deplete his or her personal and Illness, Injury, and Emergency leave reserves; and 3. The employee has abided by District rules regarding Illness, Injury, and Emergency leave use. A note from the attending physician verifying the medical condition must be sent to the Executive Director of Personnel five (5) days prior to the request for donated Illness, Injury, and Emergency leave. 54 The employee may not receive leave that totals more than one contractual year's worth of employment. B. An employee having more than twenty-two (22) days of Illness, Injury, and Emergency leave in reserve may transfer up to six days of Illness, Injury, and Emergency to another employee per year. But no personal leave may be transferred. In no event may the donating employee request a transfer of leave that would result in him/her going below a minimum of twenty-two (22) days of Illness, Injury, and Emergency leave. Donation of days will not affect annual sick leave buy-back. C. Transfer of leave shall not exceed the donating employee's authorized amount. D. The Superintendent or designee and the Association president shall have the authority to make necessary interpretive adjustments to the procedures to fully implement the legislative intent of this leave sharing program. Section 6.2.2 Implementation of Illness, Injury, and Emergency Leave Sharing: Upon determining that s/he will need to take advantage of this program, an employee or his/her representative will notify the personnel office up to 20 working days prior to exhausting his/her leave, or as soon as possible. Failure to provide timely notice may result in a delay in applying the donated days to the employee's compensation. Donations will then be requested from other employees and submitted to the personnel office. Section 6.2.3 Procedures for Illness, Injury, and Emergency Leave Sharing: A. Recipient and donor or recipients' supervisor will complete the District form on leave sharing and submit it to the personnel office. B. If approved, leave sharing will become effective on the date the Leave Sharing Form is received in the personnel department. There will be no retroactive application of leave sharing. C. Donated hours will be deducted from donor's Illness, Injury, and Emergency leave balance. D. Transfer of leave sharing hours to recipient will correspond with the normal payroll period. E. The Leave Sharing Form must be completed in full before leave sharing will be approved. Section 6.2.4 Use of Donated Leave: A. The employee receiving donated Illness, Injury, and Emergency leave may use that leave only for the condition that generated the leave sharing. Donated leave may not be used for any purpose other than the purposes for which Illness, Injury, and Emergency leave may be used by an employee pursuant to this Collective Bargaining Agreement. B. Requests for donated Illness, Injury, and Emergency leave shall be made to the Personnel Office in writing, with a copy of the Illness, Injury, and Emergency leave request forwarded to the Association. The Personnel Office shall review the request and substantiating documentation and approve or deny the request within five (5) workdays of receipt. C. Any employee denied donated Illness, Injury, and Emergency leave shall have the ability to appeal that decision to the Superintendent or designee and the Association president. D. Substitute employees are not eligible for receipt of donated leave. 55 Section 6.3 Personal Leave Section 6.3.1 Personal Leave Conditions: The IEA and ISD both recognize the importance of having building staff in their assignments on a regular basis and encourage staff, when possible, to minimize the use of personal leave. The IEA and ISD also both recognize that staff may need to attend to matters of personal importance so personal leave is provided. Each member of the bargaining group shall have two (2) personal leave days per year available on the following basis: A. A day shall be defined as having the same length as the employee’s regular workday. It may also be taken in ½ day increments for professional growth reasons or for extraordinary circumstances. B. Except in cases of an unanticipated circumstance, the day shall be scheduled at least two (2) weeks in advance. C. An employee shall have the ability to accumulate personal leave, up to ten (10) days. D. Personal leave taken in blocks of five (5) or more days shall require a minimum of ten (10) working days’ notice, unless an emergency exists, and where possible, shall utilize a single substitute for the period of the leave. E. The District will provide substitute costs beyond five (5) days for Echo Glen, when employees take accumulated personal leave. F. The Executive Director of Personnel shall have the right to refuse authorization if the requested dates fall on a blackout day or if the number of teachers requesting the same personal leave day makes it unlikely that the District can provide enough substitutes. Personal leave will be allocated on a first come first served basis. G. Black Out Days: Black out days are defined as the first five student days, and the last five student days. 1. Exceptions to the Black Out Days: Use of personal leave on any black out days will be allowed in the case of serious obligations in the immediate family including a wedding, graduation, or reunion or a once in a lifetime opportunity. 2. If the school calendar changes due to inclement weather, an employee may appeal to the Executive Director of Personnel for approval to use personal days or leave without pay on the make up day. H. The District shall have the right to limit the number of personal leave days to extend winter break, mid-winter break, and spring break. The number of personal leave days approved will be based on the anticipated number of substitutes required. Priority will be given to serious obligations in the immediate family, including a wedding, graduation, or reunion or a once in a lifetime opportunity. I. Use of personal leave shall be granted for staff who are attending summer school for postgraduate study or graduate degree programs necessary for certification, when the beginning of that summer school program is in conflict with the District calendar. J. Applications for personal leave will be delivered to the Executive Director of Personnel. That office will notify the applicant of approval or rejection within three (3) school days of the receipt of the application. No one can be refused a personal leave day after it has been approved K. Certificated staff who have five (5) or more personal leave days in their district balance, may 56 cash out up to two (2) personal days per year at the current substitute rate per year which will be paid on the August warrant. Section 6.3.2 Unpaid Personal Leave: On a day-to-day basis, at the discretion of the Superintendent or designee, absences may be granted without pay for purely personal reasons for purposes not covered in the above provisions. An employee returning to work from a leave granted under this section shall be reinstated to the position held prior to the start of the leave. Section 6.3.3 Personal Leave Alternatives: An employee shall have the option of converting unused personal leave into PGIF dollars, equal to one day’s pay for a substitute, or to convert unused personal leave into dollars used to defray the cost of tuition, equal to one day’s pay for a substitute. Courses taken shall be applicable to an employee’s professional goals. Section 6.4 Bereavement Leave Section 6.4.1 Conditions: Absence owing to death in the immediate family shall be granted with full pay for up to five (5) days. Immediate family shall be defined as the following family relationships to both the teacher and spouse/domestic partner: father and mother, spouse/domestic partner, children, siblings, grandparents, grandchildren, aunts and uncles, nephews and nieces, and any relative or significant other residing in the employee's household. One day of bereavement leave will be allowed for a close friend. This day may be taken from personal leave or emergency leave. Bereavement leave is not cumulative. Section 6.5 Court Appearances Section 6.5.1 Subpoena: Absences required by a bona fide subpoena shall be approved and shall not be deducted from Illness, Injury, and Emergency leave. Section 6.5.2 Party to Litigation or a Voluntary Witness: Absences where a certificated employee is a party to litigation or is a voluntary witness may be considered emergency leave but are not otherwise approved absences. Section 6.5.3 Compensation for Court Appearances: Any compensation received by the certificated employee will be used to reimburse the District for the cost of the substitute. Section 6.5.4 Jury Duty: Absences for jury duty may be approved if the certificated employee is not exempted. Section 6.6 Military Leave Section 6.6.1 Terms: A member of the Washington National Guard, the Army, Navy, Air Force, Coast Guard, or Marine Reserve of the United States shall be granted military leave of absence from his/her teaching assignment for a period not exceeding twenty-one (21) calendar days during each year. The employee shall receive his/her normal District pay, and there shall be no loss of efficiency rating, privileges, or Illness, Injury, and Emergency leave to which s/he might otherwise be entitled (RCW 38.40.060. See also Uniformed Services Employment and Reemployment Rights Act). Section 6.7 Flex-time Leave for Religious Purposes: Employees whose religious affiliations require observances of mandatory holy days on days when school is in session will be granted up to two (2) days’ unpaid flex-time leave for this purpose, based upon the requirements listed below. The employee shall make up each day missed by performing professional tasks under the supervision of his/her immediate supervisor on a mutually agreeable non-school, non-per diem, day which falls between five (5) week days before the opening and five (5) week days after the closing of the employee’s current contract year. 57 Accountability for making up the flextime days will rest with the employee and the principal or supervisor. An employee desiring to take leave under this section must notify his/her principal in advance of the requested leave. Section 6.8 Leave with Pay Minus Substitute Costs Section 6.8.1 Reasons for Leave: At its discretion, the District may grant each employee up to five (5) days’ leave with pay, minus actual substitute costs, for any of the following reasons: 1. Visits to other schools or school Districts for purposes of instruction or curriculum improvement. 2. Attendance at workshops, conferences, or other professional meetings for purposes of instruction or curriculum improvement. 3. Attendance at summer school for post-graduate study or graduate degree programs, necessary for certification when the beginning of that summer school program is in conflict with the District and when an individual’s personal leave is exhausted. The employee must apply for this leave at least ten (10) working days in advance of anticipated absence. Section 6.9 Child Care Leave Any employee may request long-term child care leave without compensation for the purpose of legally adopting a child or care for a child or a medically ill dependent child. Leave for such a purpose will not be for more than two (2) school years for each occasion and will be exclusive of any temporary disability leave granted for child birth. The request for this leave is to be made in writing to the Executive Director of Personnel. Such request, when possible, will be made at least thirty (30) calendar days in advance of the proposed starting date of the leave and will clearly state the intended purpose and duration of the leave. The actual starting date of the leave will be determined as necessary to protect the quality of the instructional program and the desire of the employee and the attending physician, when applicable. Generally, the return date shall be at either the beginning of the school year or the beginning of 2nd semester at the secondary level, or following the first winter break at the elementary level. If an employee's return would disrupt the final months of a school year, that leave shall carry over to the following school year. The over-riding concern will be the program needs of the District. Long-term child care leaves for employees will be without compensation and employer paid benefits except that the employee will retain all seniority and benefits accrued. Employees may, at their request, self-pay to the District the premiums for those insurance plans that allow such payment. Seniority and paid leaves will not accrue during such leave. Employees who have been granted Illness, Injury, and Emergency leave for childbirth reasons may apply for and may be granted further leave under child care leave. Upon return from a child care leave of less than two (2) school years, the employee will be returned to the same position held prior to the leave, provided such position still exists. If the position no longer exists, the employee will be placed in another similar position. If the child care leave granted is for two (2) school years or more, the employee will be placed in a similar position within the District, subject to application of Article 9, Layoff and Recall, and/or Article 4, Assignment and Transfer. 58 Section 6.10 Family Medical Leave: Employees of the Issaquah School District, who are covered by this contract, are entitled to a total of twelve (12) work weeks of family and medical leave during any fiscal year (July 1-June 30). This leave is to be used for: 1. The birth of a child and to care for a newborn child; 2. The placement of a child with the employee for adoption or foster care that requires state action, provided that the child is under eighteen (18) years of age; or for a child age 18 or over who is incapable of self-care because of a mental or physical disability; 3. Caring for the employee's seriously ill spouse/domestic partner, parent or child under eighteen (18) years of age, or for a child age 18 or over who is incapable of self-care because of a mental or physical disability; 4. A serious health condition that makes the employee unable to perform her/his job functions. If leave is taken for birth or placement for adoption or foster care, and both spouses work for the Issaquah School District, the family and medical leave that may be taken is limited to a combined total of twelve (12) work-weeks; provided that any period of physical disability taken by the biological mother shall not be included in the twelve (12) week limitation. Family and medical leave shall be without pay for all or part of the leave. The District requires the employee to use all available hours of all paid leaves including special leave, or temporary absences to which she/he is otherwise entitled before going on family and medical leave. Employees desiring to apply for Family Leave need to request such leave in writing from the Executive Director of Personnel thirty (30) days in advance, unless the leave is not foreseeable, in which case the employee must notify the District as soon as possible. The District may require documentation (and subsequent documentation to support continuing leave) for medical leave and may require the employee to obtain a second medical opinion at the District's expense. The District may also require periodic reports from an employee on family and medical leave regarding the employee's status and intent to return to work. Leave taken to care for a newborn or newly adopted child must be completed within twelve (12) months after the date of the birth or adoption. The Issaquah School District shall be responsible for maintaining coverage under any group health plan for the duration of such leave, provided the employee continues to pay his/her portion of the premium, if any. If the employee fails to make timely payment of his/her portion of the premium, the District shall cease to maintain the health coverage. Upon the employee's return to work, the employee's group health benefits will be restored to the terms that would have been provided if the employee had continued in employment for the duration of such leave. If the employee fails to return from family and medical leave, due to reasons within his or her control, the District may deduct all health insurance premiums paid during the leave from any sums owed to the employee. Any amount not received by deduction, the former employee must reimburse directly to the District. Upon returning from family and medical leave, the employee is entitled to be restored to the same position that the employee held when the leave started, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. For part-time employees and those who work variable hours, the family and medical leave entitlement is calculated on a pro rata or proportional basis. Employees not eligible for medical benefits will receive leave only. District approval is required for family and medical leave taken on an intermittent basis (such as working a reduced work-week) for the purpose of birth or because of placement for adoption or foster care. Leave to care for a seriously ill family member, or because of the employee's own serious health condition, may be taken whenever necessary. Any employee who works primarily 59 in an instructional capacity, and who requests a period of leave near the conclusion of the academic term, may be required to continue the leave until the end of the term with paid medical benefits. Section 6.11 Leave without Pay Section 6.11.1 Insurance Coverage: Employees utilizing leave without pay may continue insurance coverage at their own cost if allowed by the insurance carrier. Part A: Leave Without Pay – Short Term Section 6.11.2 Personal Reasons: On a day-to-day basis, at the discretion of the Superintendent or designee, absences may be granted without pay for purely personal reasons for purposes not covered in the above provisions. Section 6.11.3 Extension of Illness, Injury, and Emergency Leave: Absence shall be granted on this basis for an extended period during a school year if such absence is an extension of Illness, Injury, and Emergency leave or if it occurs in anticipation of Illness, Injury, and Emergency leave. Section 6.11.4 Reinstatement: An employee returning to work from a leave granted under this section shall be reinstated to the position held prior to the start of the leave. Part B: Leave Without Pay – Long Term Section 6.11.5 Terms: Upon recommendation by the administration, leave of absence without remuneration may be granted by the Board. Such leave will not exceed one year. The teacher granted the leave of absence must intend to return to the Issaquah School District. In time of financial difficulty, the Board shall grant such leaves to those certificated teachers requesting them. These leaves shall be covered by the provisions of leave for the year. Section 6.11.6 Leave of Absence As Extension of Illness, Injury, and Emergency Leave: Leave of absence shall be granted if the request is for the purpose of extending Illness, Injury, and Emergency leave from the prior school year. Section 6.11.7 Deadline for Notification of Intent to Take a Leave: Prior to the year the leave is desired, any teacher desiring a leave of absence has responsibility for informing the personnel department in writing as early as possible, but no later than by May 1. Section 6.11.8 Deadline for Notification of Intent to Return or Resign: On or before February 1 of the year the leave of absence occurs, the personnel department must receive written confirmation of a teacher’s intent to return or resign for the following school year. The District may grant a one-year extension of leave. Section 6.11.9 Placement upon Return from Leave: An employee requesting to return to duty at the beginning of the next school year will be placed in a similar position within the District, subject to application of Article 9 (Layoff and Recall) and/or Article 4 (Assignment and Transfer). However, the District is not obligated to place a teacher returning from leave of absence in the building where s/he previously taught, or at the same level (elementary) or subject area (secondary). 60 Article 7 Instruction Section 7.1 Class Size and Class Load Section 7.1.1 Class Size Standards: Except in traditionally large group instruction classes, in experimental classes, or as otherwise provided in this section, class size shall be maintained to meet the following standards. If the state legislature reduces funding for BEA (Basic Education Act), Better Schools, or I-728 (Class Size), The District and Association will meet and will reduce the ratios to offset reductions. The goals for class size standards will be: K-2 has a target of 20 to 1, with a range of 17 to 23 3-5 has a target of 24 to 1, with a range of 21 to 27 2/3 multiage or combination has a target of 23 to 1, with a range of 20 to 26 During the term of this agreement the following class size overload triggers shall apply at: A. B. C. D. E. F. G. H. I. J. K-2 Pupils per regular classroom K-2 Pupils per multi-age classroom K-2 Pupils per combination classroom K-2 Pupils per integrated classroom 2-3 Pupils per Multi-age 2-3 Pupils per combination classroom 3-5 Pupils per regular classroom 3-5 Pupils per multi-age classroom 3-5 Pupils per combination classroom 3-5 Pupils per integrated classroom 24 24 22 22 27 27 28 28 26 24 Combination classes shall be provided with a minimum of one hour of daily educational assistant time during the student day. K. L. 6-8 Average class size 9-12 Student contacts per day 28 160 Music and physical education classes (K-12) shall be excluded from the above provisions. Grades K-5 PE/music teachers are guaranteed a maximum of 40 sessions per week. Section 7.1.2 Integrated Classes: As funding and space allow, the District will attempt to comply with the following procedures regarding integrated K-5 classes: A. The targeted size of an integrated classroom is the average of regular education classrooms at that grade level in the building. B. The ratio of special education students to regular education will initially be a 1 to 3 ratio when student placement decisions are being made. If, during the year, changes occur to a school’s population this ratio may be adjusted by the impacted grade level team, principal, and special education supervisor. C. When the number of special education students in a class exceeds seven in K-2 or eight in grade 3-5, one of the following options will be employed: 1. The addition of a part-time special education teacher to help in this integrated classroom; 61 2. 3. 4. 5. D. The addition of a part-time special education teacher to serve as a resource room teacher to special education students who are not placed in the integrated classroom. The addition of another integrated teacher (this decision needs to be made during the spring for the next school year). The addition of EA time to the integrated classroom. Other options as determined by the Executive Directors of Special Services and Personnel. Each integrated class will be provided daily EA time during the student day: 1. 2. 3. 4. One to two (1-2) Special Education students in a class will generate one (1) hour EA time; Three to four (3-4) Special Education students in a class will generate two (2) hours EA time; Five or more (5+) Special Education students in an integrated class will generate three (3) hours of EA time. Half-day integrated kindergarten classes will receive the following daily EA time: 1 student = 2 students = 3+ students = 0.5 hours 1.0 hours 1.5 hours Section 7.1.3 Overload EA Allocation Guidelines: Eligibility for overload will be determined on the 10th day after the start of school, and will be adjusted on the first Friday of October. For Elementary and High Schools, further adjustments will be made on the first Friday of second semester and the first Friday of April. For Middle Schools, further adjustments will be made on first Friday after the beginning of the winter and spring trimesters. When the workload exceeds the pupils assigned in Section 7.1.2, the District shall allocate EAs or money according to the following: A. K-2 Regular/Multi-Age: If a class has 24 students or more, ten (10) days after the start of school, or the first Friday after the start of second semester, six (6) hours of EA time per week will be provided. If a class exceeds the established limit by more than four (4) students on the same dates, the EA time will be doubled. B. K-2 Combination/Integrated: If a class has 22 students or more, ten (10) days after the start of school, or the first Friday after the start of second semester, six (6) hours of EA time per week will be provided. If a class exceeds the established limit by more than four (4) students on the same dates, the EA time will be doubled. C. 3-5 Regular/Multi-Age: If a class has 28 students or more, ten (10) days after the start of school, or the first Friday after the start of second semester, six (6) hours of EA time per week will be provided. If a class exceeds the established limit by more than four (4) students on the same dates, the EA time will be doubled. D. 3-5 Combination: If a combination class has 26 students or more, ten (10) days after the start of school, or the first Friday after the start of second semester, six (6) hours of EA time per week will be provided. If a class exceeds the established limit by more than four (4) students on the same dates, the EA time will be doubled. E. 3-5 Integrated: If an integrated class has 24 students or more, ten (10) days after the start of school, or the first Friday after the start of second semester, six (6) hours of EA time per week will be provided. If a class exceeds the established limit by more than four (4) students on the same dates, the EA time will be doubled. F. Grades 6-8: If a class has 29 students or more, the District will provide one (1) hour of EA time for that period weekly. When the average of all periods exceeds the limits established 62 above, the District will provide one (1) hour of EA time for each class weekly. When class size for an individual period is 33 students or more, the District will provide two (2) hours of EA time for that period weekly. When the average of all periods is 33 students or more, the District will provide two (2) hours of EA time for each class weekly. The check points in class size will be ten (10) days after the start of school and the first Friday of October, and the first Friday after the beginning of the winter and spring trimesters. G. Grades 9-12: If a class has 33 students or more, ten (10) days after the start of school, or the first Friday after the start of second semester, one (1) hour of EA time per week will be provided for each such class. If a teacher has three or more classes in excess of the limits established above, the EA time will be doubled. H. Overload EA time for Music and P.E. Teachers Gr. K-4: If any class has 25 students or more, the teacher qualifies for one hour of EA time weekly. The total amount of time for which a teacher can qualify is one hour weekly. Gr. 5: If any class has 29 students or more, the teacher qualifies for one hour of EA time weekly. The total amount of time for which a teacher can qualify is one hour weekly. Gr. 6-12: If any class has 36 students or more, the teacher qualifies for one hour of EA time per class over the limit. If a teacher has three or more classes in excess of the limits established above, the EA time will be doubled. I. If an EA is unable to work owing to illness or other reasons, a substitute will be employed unless the teacher chooses not to have a substitute. J. Alternative Overload Option: As an alternative to overload EA allocations, a General Education teacher may choose the salary stipend described below. The General Education teacher must select either the EA support or the stipend as soon as EA eligibility has been determined. Once an EA has been assigned, the EA shall not lose the assignment as a result of the teacher changing his/her mind during the school year (elementary) or semester/trimester (secondary). The salary stipend will equal the number of EA hours assigned times the hourly rate of an EA on the first step of the EA salary schedule. The Special Education teacher and the supervisor will discuss and agree upon appropriate overload solutions, which may include, but not be limited to EA support, stipend, or substitute. K. Creative Options: Creative options for the distribution of class sizes and caseloads within a building, department, or grade level may be implemented provided that: 1. 2. 3. The affected staff follow the building and/or District shared leadership model (see Section 12.1.2), The staff receiving the remedy concurs, and The options are revenue neutral to the District. Section 7.1.4 Conditions: The above policy will be implemented if: A. The District does not require reduction in force in accordance with the terms of this contract. 63 B. C. The District continues to pass its special levies at or above 80% of legal capacity. The legislature or OSPI do not take actions that result in a significant net loss to the District when compared to the previous fiscal year. Section 7.1.5 Meeting: The District and the Association will meet annually within one month after the completion of the legislative session to determine if the conditions of 7.1.4 are applicable for the following fiscal year. Section 7.1.6 Elementary Parent Conference Time A. The District will provide conferences and written reports for parents of K-5 students through the following procedures: 1. Elementary schools will provide Grade K-5 parents with one formal conference each year. Parent conferences can be scheduled during Mission Defined Staff Designed time on Wednesday afternoon. In addition, three (3) half-days will be provided for parents to conference with half day kindergarten, full day kindergarten and Grade 1-5 teachers in the fall. (See Part 6 below for more information on kindergarten conferences). Staff may provide parents with the option of electronic conferences (computer or telephone) rather than face to face. Those parents who spend regular time in the classroom may determine that a formal conference is not necessary. 2. To accommodate parent schedules, K-5 teachers may schedule conference appointments during conference days, before or after school, or in the evenings. During the conference schedule teachers may choose to conference before or after school or in the evenings without additional compensation. In the event that conferences are held outside of the workday to accommodate parents, up to six (6) hours per year of Wednesday collaborative time may be taken as compensatory time (see Section 2.3.4). Every effort should be made to schedule sibling conferences on the same day. 3. For each student beyond twenty-four (24) that a teacher conferences, the District will provide the teacher either one (1) hour of release time or one (1) hour of per diem pay. If, due to family circumstances, the teacher is requested to schedule two separate conferences for the same student, each conference shall count as one in the District’s formula for allocating release time and/or pay. To be eligible for per diem pay, the conference must occur beyond the 7.5 hour contract day. 4. Conference time and per diem pay for report writing 5. Full-day K/1-5 AM K Only PM K Only AM/PM K 1.5 Per Diem Days to write reports 1.5 Per Diem Days to write reports 1.5 Per Diem Days to write reports 3 Per Diem Days to write reports 3 Half Days to Conference 3 Half Days to Conference 3 Half Days to Conference 6 Half Days to Conference (3 AM/ 3 PM) Building AM/PM Kindergarten, AM-only Kindergarten and PM-only Kindergarten teachers decide if and when to hold conferences outside the Fall Conference schedule. All half-day K teachers in a building must hold conferences at the same time, but it does not need to be during the Fall Conferences or the same time as Kindergartens in another building. If conferences are held in the Fall Conference schedule, no adjustments need to be made. If the half-day K teachers decide to hold conferences at some other time of the year, their students will need to make up one (1) half-day for each half-day conference 64 scheduled outside the Fall Conference schedule by scheduling a field trip or other allday activity. 6. Other elementary FTE (including P.E., BEL, SAGE, Music) who are expected to write grade reports will be paid an amount equivalent to one and one-half times their FTE per diem pay (for example, a 0.5 FTE will receive 0.75 per diem pay). 7. Special Ed. Pre-school Kindergarten teachers may schedule conference appointments during Wednesday Early Release time, before or after school, in the evenings, or on the 3 half-day conference days. They will determine the scheduling of these conferences to meet program needs. 8. Kindergarten teachers will meet with parents on the first scheduled student day. 9. Elementary specialists will provide reports to the classroom teachers at least one week prior to the report card due dates. Specialists will work out a plan with the building principal to be available at some time during the conference times to parents of children in each building served. Section 7.1.7 Special Education Stipend and Staffing Systems: All reasonable effort will be made to schedule Guidance Team, Evaluation Group, and IEP Meetings during the regular work day. Compensation for meetings held outside the regular work day is covered for special education staff through their Special Education stipend. If the Guidance Team discussion results in a referral for special education, a request for compensation for certificated regular education staff shall be sent to Special Services for payment at their per-diem rate from the IEP General Education Meeting Pool. The Special Projects compensation may be available for special circumstances with administrative approval. 1. Stipend System: a. Effective September 1, 2010, and for the duration of the contract, all Certificated Special Education Staff will receive an annual stipend of $2,500 paid over twelve months (12) prorated for FTE, for the following responsibilities: i. Creation and implementation of all aspects of the IEP process. ii. Meetings specific to carrying out special education responsibilities. b. Additional compensation will be provided when the number of IEP’s written exceeds the base allocation. (see below) c. Additional compensation may be available through the Special Projects Fund for special circumstances upon request by the certificated staff member and/or the building administrator subject to administrative approval. 2. The District will establish and publish yearly District and Building staffing goals and allocations for Special Education Staff. a. Staffing goals/guidelines will be adjusted yearly based on projected student enrollment, budget parameters and any unique student needs in individual classrooms. A priority in staffing is to maintain certificated staff whenever possible. When situations occur where enrollment projections are below the guidelines, educational assistant time may be adjusted and or converted to certificated time. The conversion of time will be made using the district formula. The published staffing guidelines will contain the formula for conversion and the schedule for periodic adjustment of staffing throughout the school year. b. Each year the District will provide each building and IEA with a report on Special Education staffing with the following information: i. Projected number of special education students ii. Certificated FTE for special education staffing, including ESA staff iii. Baseline of EA hours support for certificate staff iv. EA conversion of certificated time 65 v. Additional EA considerations based on special needs vi. The formula used for any staffing conversions vii. Staffing (Certificated and Classified) may be adjusted monthly 3. Staffing Goals and triggers for Overload IEP writing relief: a. b. c. d. e. f. g. h. i. j. k. l. m. Elementary LRCI – 27 Elementary LRCII – 10 Elementary ISEP – 10 ECE (Early Childhood Education) – 12 (by session) Secondary LRCI – 30 Middle School LRCII – 10 High School LRCII – 12 Middle School ISEP - 10 High School ISEP – 12 Transition (ACT) – 12 SLP – 44 OT/PT – 25 School Psychologists - 50 cases (initial evaluation or reevaluation) 4. Overload IEP writing relief: a. Certificated Special Education staff completing IEP’s over their staffing goal (as listed above) will be compensated one and one-half (1.5) hours of additional per diem pay for each additional IEP. b. Documentation for IEP’s completed during the school year needs to be submitted to the Special Services office no later than the last day of school. c. This payment will be made on the August warrant. d. All IEP’s must meet district standards for completion and compliance. 5. Overload EA Relief a. Elementary LRCI—When student enrollment reaches 31, two (2) additional EA hours per day will be allocated to the classroom. Additional EA hours will continue to be allocated at two (2) hours for each additional four (4) students. b. Elementary and Middle School LRCII and ISEP—When student enrollment reaches 13, four (4) additional EA hours per day will be allocated to the classroom. Additional EA hours will continue to be allocated at four (4) hours for each additional three (3) students. c. Early Childhood Education (ECE)—When student enrollment reaches 15 per session, two (2) additional EA hours per day will be allocated to the classroom. Additional EA hours will continue to be allocated at two (2) hours for each additional three (3) students. d. Secondary LRCI—When student enrollment reaches 34, two (2) additional EA hours per day will be allocated to the classroom. Additional EA hours will continue to be allocated at two (2) hours for each additional four (4) students. e. High School LRCII, ISEP, and ACT (18-21 year old program)—When student enrollment reaches 15, four (4) additional EA hours per day will be allocated to the classroom. Additional EA hours will continue to be allocated at four (4) hours for each additional three (3) students. 6. Certificated Special Education Staff Release Time for IEP Process Effective September 1, 2010 and for the duration of the contract, all certificated special education teachers will receive release time on the following basis: a. Certificated Special Education staff 0.1 to 0.5 – Two (2) days b. Certificated Special Education staff 0.6 to 1.0 – Three (3) days 66 Section 7.1.7.1 Special Education Special Projects Fund: Certificated Special Education Staff requests may be made for Special Projects compensation, with administrative approval. Staff development attendees will be paid at professional rates. Presenters and all other Special Projects activities are paid at per diem rate. Requests for compensation for Special Project work can be used for such work as, but is not limited to: committee/task force work, extraordinary workload around such activities IEP meetings, due process hearings, mediation preparation, caseload/workload assistance for a colleague, tutoring, and mentoring assistance for a colleague. Section 7.1.8 Grade Reporting for Grades 6-12 A. At the end of each grading period, students in grades 6-8 and at Echo Glen will be released early to allow teachers four (4) half-days to prepare grade reports. B. Students in grades 9-12 will be released early to allow high school teachers five (5) halfdays to conduct finals. Each high school staff will be surveyed by the District each fall to determine whether there will be one day at the end of each quarter or two days at the end of each semester. The fifth half-day is at the end of either the first or second semesters. C. At the secondary level, final grades for each grading period will be due and officially posted five (5) school days after the final day of that grading period with the exception that final grades are due by the last day of class at the end of the school year. D. Secondary Special Education Progress Report Writing: (High School Reporting Section): 1. Middle School certificated special education staff will do IEP progress reports at the end of each trimester. 2. High School certificated special education staff will do IEP progress reports at the end of each semester. 3. Middle and High School certificated special education staff will be paid one and onehalf (1.5) days of per-diem once per year through the Special Education Special Projects fund. 4. Request for Compensation forms need to be submitted to the Special Service Office by the last day of the school year. Payment will be on the August pay warrant. Section 7.1.9 Related Services Caseloads: The staff of each related services profession with their program supervisor will determine staff allocations while taking into consideration the number of cases and the complexity of the cases each staff person would have. The staff will attempt to provide equitable workloads. Disputes in determining an equitable distribution of caseloads will be resolved by the supervisor. Section 7.1.9.1 Team Leader for Related Services: Effective September 1, 2010 and for the duration of the contract, Speech and Language Pathologists, Occupational Therapists/Physical Therapists, Psychologists, and Nurses who perform team leader responsibilities as determined and approved by the Superintendent’s designee will receive a $3,000 stipend per school year. Section 7.1.9.2 Issaquah School District Health Services All schools shall receive a minimum of 10 hours of ESA (certificated) or RN (classified) nursing services each week. Additional hours will be assigned to a school based on need from the District pool. The District pool is calculated based on 5 hours times the number of District schools (excluding Echo Glen). District nurses will work with the nursing staff supervisor to determine staff placement with the supervisor having final approval. The number of ESA nurses will be 67 maintained at 4.0 FTE. RNs will be hired to maintain a minimum of 10 hours per week at each school not staffed with an ESA nurse. Should the District be unable to hire qualified RNs in a timely fashion, the decision to replace ESA nurses with RNs will be reviewed. Each 0.9 or 1.0 FTE ESA nurse will provide full nursing services to two schools and will monitor registered nurses in their corridor. ESA nurses will train and delegate health care responsibilities to RNs, as well as monitor RNs for appropriate nursing services and procedures. New RNs and mentoring ESA nurses will each be paid six (6) hours for induction training in August. Health care plans for students with life-threatening conditions will be completed before school begins each year, as required by law. ESA nurses and RNs will be allocated up to three (3) hours per health care plan as needed, and adjust their school year calendar to reflect time worked. Nurses will coordinate with the building principal to adjust their school calendars. Team leader responsibilities will be fulfilled by an ESA nurse. The nursing team will have one (1) three-hour meeting per month to maximize service to students and schools. The nurses will be able to utilize non-student days throughout the year for additional meetings/trainings if in-building activities are deemed inappropriate for nurses. ESA nurses will facilitate a plan in each building for health room coverage and health services delivery. The planning team will include the nurse, principal, school secretary, health room education assistant (EA), counselor, psychologist, and LRC 2 staff (if applicable.) Trained health room EAs are key to the District health services model. ESA nurses and RNs will train and delegate health care responsibilities to EAs (including the Health Room EA) and secretaries. To provide continuity, best serve the students, and provide support for the school nurse, one EA will be assigned the building health room hours whenever possible. When the building schedule permits, this same health room EA will be assigned to the health room during student lunch time to administer daily medication and provide health care coverage. Health room EA time will be designated as follows based on the October 1 student headcount: 1. 2. 3. 4. 5. High schools over 1,000 student headcount will receive two (2) hours per day of EA time. High schools over 1400 student headcount will receive three (3) hours per day of EA time. Tiger Mountain shall receive at least one (1) hour per day of EA time. Middle schools shall receive three (3) hours per day of EA time. Elementary schools shall receive three (3) hours per day of EA time plus an additional halfhour (0.5) per day for each 100 students over 600 (October 1 headcount.) Section 7.1.9.3 Nurses’ Adjusted Calendar: Nurses will have the option of adjusting their school year calendar to allow for additional work-days prior to the start of school as follows: Building LID day in August March LID day Elementary Conference/Grading Days (1.5 days) Middle School and Trimester grading days (2.0 days) High School grading days (2.5 days) Each nurse will communicate with the District Administrative Supervisor their anticipated adjusted work schedule depending on actual FTE and building assignments. Once the schedule is established, it shall be communicated to the building principal. Each nurse will be responsible for informing the District supervisor of the August days worked and exchanged by the first day of each school year. Section 7.1.10 Role of the ISD/IEA Steering Committee: IEA will appoint three members who will join with the Special Services Administration to form a Steering Committee. This Steering Committee will provide focus and guidance to the Special Services Staff Advisory 68 Committee in all aspects of the planning, implementation and evaluation of the ISD Special Education Program. Topics of focus may be communication, training, special projects, service delivery, contingency funds as well as best practices in the profession. Any member of the steering committee or district staff member or community member may bring topics to the attention of the committee. The type(s) of issues brought to the committee will determine the type of action needed as well as the decision making process used. Budget and staffing decisions will be made following district policy and procedure. Information will be shared with the committee and discussion of priorities will be held in the decision making process. Input from committee members is a valued part of the decision making process. The committee work will be shared with district staff by way of meeting minutes. At the end of the school year, the Steering Committee will share the culmination of the year’s work with the IEA Executive Board. Section 7.1.11 Staffing of Other Program Staff Section 7.1.11.1 Counselors: The goal of the District is to provide counseling services at all levels. All counselors shall have ESA certification. Section 7.1.11.2 Library Support Services: There will be full-time library services in all schools. It is preferential to staff libraries with certificated employees when practical as determined by the District. At Echo Glen and Tiger Mountain, this service will be based on available funding. Elementary schools that have 27-29 library sections will receive 0.1 FTE (1/2 day) overload Library Media Specialist. Elementary schools that have 30+ library sections will receive 0.2 FTE (1 day) overload LMS. Library Media Specialists at the schools slated to receive overload help for the ensuing school year will meet with the District prior to the start of school to determine the overload schedule. Each elementary library will be provided with a half-day substitute, if needed, once each month, for the purpose of attending Puget Sound Council meetings. In addition, each middle school and high school will receive four (4) full-day substitutes per year, for the purpose of attending WashYARG (Washington Young Adult Review Group) meetings. K-12 District Library meetings will take place as scheduled through Teacher and Learning Services. These meetings will take place outside the school day and will be compensated at the Professional rate. Section 7.2 Attendance Policy Each building will follow the adopted District attendance policy until such time as the building submits a proposal to the School Board and has it approved for implementation. Section 7.3 ELL (English Language Learner) Materials Each ELL student will generate $25 for materials per year. Section 7.4 In-service: The Assistant Superintendent of Teaching and Learning Services will survey the staff at least every two (2) years to determine staff in-service needs. Section 7.5 Teaching and Learning Services (TLS) Leadership Committee The District TLS Leadership committee is composed of teachers, principals, and the Assistant Superintendent for Teaching and Learning Services. The District and the Association will each select their members for this committee. Association members named to this committee shall be approved by the Executive Board of the IEA. This committee establishes the agenda for the TLC (Teaching and Learning Council) including staff input into the student reporting process and advises the Teaching and Learning department on budget, priorities, and staffing. 69 The Association will choose at least one teacher from each level (elementary, middle, and high school) and no more than two from each level. Teachers who participate on this committee will be compensated at the Professional rate. Section 7.6 Assessment Committee: The District and the Association support the Washington State learning goals and standards, with a focus on the Essential Academic Learning Requirements (EALRs). The parties recognize that certain conditions advance successful student learning. They include: 1. 2. 3. 4. 5. 6. 7. 8. Time and opportunity for students to learn; Minimal disruption to curriculum delivery due to standardized testing; Small, manageable class sizes; Time for teacher and staff planning and collaboration; Sufficient resources: instructional, technology, staff, and leadership; Community and parent support and involvement; Professional development; and Compensation to attract and retain quality school employees. In addition, we believe that multiple indicators should be used to determine if the Issaquah School District's curriculum is successful in helping students improve their academic performance. We oppose use of any single test for the purpose of making high stakes decisions about the quality of schools and student achievements. A joint committee of IEA members and District members shall be formed to review and advise the Teaching and Learning Department on issues regarding required state and national tests, classroom and District assessments, and student reporting. The members of this committee will be provided with appropriate training in assessment, how to interpret the results, how to use these results to impact instruction, and information pertaining to the major state and federal regulations regarding assessment, K-12. This committee shall consist of the following: two K-5 teachers, two 6-8 teachers, two 9–12 teachers, one Special Education teacher, the Assessment Director or designee, one principal from each level, and a Special Education Administrator. The Assessment Director will facilitate this committee. The District and the Association will each select their members for this committee. Association members named to this committee shall be approved by the Executive Board of the IEA. This committee’s responsibilities shall include the following: 1. 2. 3. 4. 5. clarifying procedures for administering and proctoring required assessments; providing input on staff development, including how to interpret assessment results and how to use these results to improve instruction and student learning; ensuring that there are useful communications with about the assessment results making appropriate recommendations regarding the implementation of assessment as required by state and federal regulation. ensuring that staff have input into the student reporting process. Section 7.7 New Teacher Induction Issaquah is committed to supporting a high level of student success through attracting and retaining excellent staff. Teachers new to the Issaquah School District shall be given additional guidance and assistance through an orientation program. Teachers new to the profession shall receive ongoing professional development support through the state Teacher Assistance Program model (TAP.) (RCW 28A.415.250) The induction program shall include resources to: 1. 2. 3. Facilitate mentor/partner teacher and new teacher meetings throughout the year Facilitate partner teacher/new teacher match-ups Ensure that new teachers receive peer observation/feedback opportunities during the year 70 4. Provide liaison/support between central administration and buildings regarding mentoring of new teachers. The induction program shall be supported with secretarial time to ensure maximum focus upon the professional and personal support of new teachers. Mentor/partner teachers shall be experienced, highly-skilled educators who are trained to observe, coach, and support new teachers. Mentor/partner teachers shall receive compensation for their support of new teachers contingent on state grant funding. Mentor/partner teachers are not supervisors. The mentor/new teacher relationship is confidential and completely outside the evaluation process. 71 Article 8 Grievance Section 8.1 Purpose Section 8.1.1 Means for the Resolution of Personnel Problems: The grievance policy is designed to provide all certificated personnel with prompt, fair, and reasonable means for the resolution of personnel problems. The grievance policy provides a day-to-day test of the adequacy of performance called for in implementing the school district's policies, rules, and regulations and the provisions of this agreement. Proper application and use of such a policy could lead to the enhancement of a professional environment that stimulates individual freedom, initiative, and a personal sense of responsibility. Section 8.1.2 Definitions: As used in this grievance policy: 1. 2. 3. 4. The term grievance shall mean a written complaint by certificated person(s), presented by the Association, that there has been a violation, misinterpretation, or misapplication of any of the provisions of this agreement. Grievant shall mean a certificated employee of the school District who has a grievance as defined above. Teacher shall mean a certificated staff member represented by the Association. Association shall mean that organization which has won a majority in an election to represent the District's certificated employees, as provided in RCW 28A.72.030 or its successor. Section 8.2 General Conditions Section 8.2.1 Individual Rights: Nothing contained herein shall be construed as limiting the right of any teacher having a complaint to discuss the matter via administrative channels and to have the problem adjusted without the intervention of the Association, as long as the disposition of the matter is not inconsistent with this agreement. Section 8.2.2 Grievant Representation: At his/her option, a grievant may be represented at all stages of the grievance procedure by an Association representative selected by the Association. Section 8.2.3 Rights to Representation: At least one Association representative shall be present for any meetings, hearings, appeals, or other proceedings relating to a grievance which has been formally presented. Section 8.2.4 Association May Continue to Arbitration: On its own, the Association may continue and submit to arbitration any grievance filed and later dropped by a grievant, provided that the grievance involves the application or interpretation of this agreement. Section 8.2.5 Association May Submit to Superintendent: In the judgment of the Association, if a grievance affects a group of teachers or the Association, the Association may initiate and submit such grievance in writing to the Superintendent directly, and the processing of such grievance may be commenced at Step 2. Section 8.2.6 Time Limits: The adjustment of grievances shall be accomplished as rapidly as is possible. To that end, the number of days within each prescribed step to be accomplished shall be considered as maximum, and every effort shall be made by the grievant and the District to expedite the process. Under unusual circumstances, the time limits prescribed in this procedure may be extended by mutual consent of the grievant and the person or persons by whom his/her grievance is being considered. 72 Step 1: An educator with a grievance shall discuss it first with his/her immediate supervisor. If desired, the employee may be accompanied by a representative of the Association. Every effort shall be made to resolve the grievance at this level in a free and informal manner. The grievant will present the grievance in writing to the immediately involved supervisor who will arrange for a meeting to take place within ten (10) working days of receipt of the written grievance. The grievant and/or the Association representative and the supervisor shall be present for the meeting. The supervisor shall provide the aggrieved party and the Association with a written answer to the grievance within five (5) working days after the grievance meeting. Such answer shall include an explanation for any decision that may have been made. Step 2: If the aggrieved person is not satisfied with the disposition of the grievance at Step 1, or if no decision is reached within five (5) working days after meeting with the immediate supervisor, then the grievance may be referred to the Superintendent or his/her designee. The Superintendent or his/her designee shall arrange for a hearing with the grievant and the Association within ten (10) working days after receiving notification of appeal. The Superintendent or his/her designee will have ten (10) working days after the hearing to provide a written decision, including the reasons for the decision, to the grievant, with a copy to the Association. Step 3: If a satisfactory solution is not reached within ten (10) working days after the individual or the Association representatives have met with the Superintendent or his/her designee, the Association may request an arbitrator be called upon to decide whether there has been a violation, misinterpretation, or misapplication of any of the terms of this agreement. Within ten (10) working days after such written notice of submission to arbitration, the Board and the Association will request a list of arbitrators from the American Arbitration Association. The parties will be bound by the rules and procedures of the American Arbitration Association. Neither party shall be permitted to assert in the arbitration proceedings any evidence not previously disclosed to the other parties. The arbitrator shall render the decision in writing no later than thirty (30) working days after the conclusion of the hearings, or, if oral hearings are waived, then thirty (30) working days from the date statements and proofs were submitted to the arbitrator. The award of the arbitrator shall be accepted as final and binding. There shall be no appeal from the arbitrator's decision by either party if such decision is within the scope of the arbitrator's authority as described below: a. The arbitrator shall not have the power to add to, subtract from, disregard, alter, or modify any of the terms of this agreement or other Board policy. b. The arbitrator's power shall be limited to deciding whether there has been a violation, misinterpretation, or misapplication of any of the terms of this agreement or of board policy. In case of any action the arbitrator finds improper or excessive, such action may be set aside, reduced, or otherwise changed by the arbitrator. The arbitrator may award back pay to compensate the employee, wholly or partially, for any salary lost. 73 The fees of the arbitrator, the cost of transportation, and other necessary general costs shall be shared equally by the District and the Association. All other costs will be borne by the party incurring them. Section 8.3 Supplemental Conditions of Grievance Procedures 1. A grievance must be submitted to the immediate supervisor no later than thirty (30) calendar days after the occurrence, or no later than thirty (30) days after the grievant has reasonable knowledge of the occurrence of the alleged violation, misinterpretation, or misapplication of provisions of the Agreement. 2. If the teacher does not appeal the grievance to the Association or Superintendent within thirty (30) calendar days after failing to achieve satisfaction at any step, the grievance shall automatically be waived. 3. With full assurance that no reprisal will come from their involvement in the grievance, all individuals who might contribute to the acceptable adjustment of a grievance are urged to provide any relevant information they may have to the grievant and the District administration. 4. Excluded from the grievance procedure shall be matters for which law mandates another method of review. 5. The Board and the Administration will cooperate with the Association in its investigation of any grievance and will furnish the Association with such information as is requested for the processing of any grievance. 6. Should the investigation or processing of any grievance require that a teacher or an Association representative be released from regular assignment, the person or persons shall be released without loss of pay or benefits. 7. To facilitate operation of the grievance procedure, forms for filing grievances, serving notices, taking appeals, reports and recommendations, and other necessary documents will be prepared jointly by the Superintendent and the Association. 8. No documents, communications, or records dealing with the processing of a grievance shall be included in the individual's personnel file. 9. When a grievance is submitted on or after June 1 and prior to the beginning of the fall term, time limits shall consist of all weekdays, so that the matter may be resolved before the close of the school term or as soon as possible thereafter. 10. If the dispute involves evaluation, only alleged procedural or factual errors are appropriate for arbitration. 74 Article 9 Lay-off and Recall Section 9.1 Responsibility and Definitions Section 9.1.1 Responsibility: Within the framework of State requirements, the Board has responsibility to operate a quality educational program. Quality education for students and fair and just treatment of employees shall always be prime considerations. Section 9.1.2 Definitions: The following definitions pertain to this article only and are not intended to define the same or similar terms in any other article, section, preamble, supplement or part of the Agreement between the District and the Association. 1. Certification Holding a valid Washington certificate 2. Certification - Special. Holding a valid Washington certificate which qualifies the individual for special education, ESA or CTE Holding a specific endorsement for subject matter or grade level Any District employee holding a position requiring certification, including those who are on leave and those who are on layoff status as a result of implementation of this Article. A certificated employee has a valid Washington certificate, including appropriate endorsements(s) as necessary, and meets federal requirements. A certificated employee having served at least one year in the area under consideration. Having assurance of placement in a position for the following school year based on seniority above a level established by the Board as the point at which no employee will be laid off as a result of the implementation of this Article Board action reducing the number of certificated personnel in the District for economic reasons only; does not refer to decisions to discharge or nonrenew an individual teacher for cause. Having the experience or education and certification to fulfill the requirements of a designated position Informing a certificated employee on layoff status that a position is available at a designated time. Revenues such as those received, or projected to be received, by the District that cannot be assigned to meet expenditures other than those for which they have been designated. This includes reimbursement for expenditures made, such as revenue resulting from the school lunch program; also, including all federal funds and state funds for transportation 3. Endorsement 4. Certificated Personnel or Certificated Employee 5.Education Qualifications 6. Experience Qualification 7. Guaranteed Position 8. Lay Off 9. Qualified 10. Recall 11. Categorical Revenues Section 9.2 Seniority Placement Section 9.2.1 Seniority Placement List: The District shall prepare a list of certificated employees in order, according to their total number of years' teaching experience granted for salary purposes at time of initial employment by the District and increased by one year for each year of additional full-time service. Within each year, the ranking shall be in accordance with the total number of education credits beyond the B.A. degree submitted to the District. If an employee holds a master's degree, the total number of quarter credits beyond the master's degree, plus any quarter credits in excess of 45 between the dates of the bachelor's and master's degrees, will be the figure used. No attempt shall be made to break ties within this last group This seniority list shall be sent to the Association president, the buildings, and will also be available in the personnel office on or before February 15. 75 Section 9.2.2 Placement of Employees to be Laid-Off: The Board will designate a number on the seniority list above which employees are guaranteed employment. Those employees below this number will be placed on a list to be used both for lay-off and recall. Placement shall be carried out in accordance with the following steps: 1. Seniority is defined as total number of years of certificated experience granted for salary purposes at the time of initial employment by the District, and shall be increased one year for each year of additional full-time service. Less than full-year employment experience shall be computed as the actual number of contract days employed by the District as a fulltime employee. One hundred and eighty (180) days or more during any contract shall be credited as one full year. 2. If more than one individual employee has the same seniority ranking after applying the above provision, all employees so affected will be ranked in accordance with the total seniority as certificated employees in the State of Washington, from greatest to least. 3. If more than one individual employee has the same Washington seniority ranking after applying the above provision, all employees so affected will be ranked in accordance with the total seniority as certificated employees in the Issaquah School District, from greatest to least. 4. If more than one individual employee has the same Issaquah School District seniority ranking after applying the above provisions, all employees so affected will be ranked in accordance with the total number of education credits beyond the B.A. degree submitted to the District prior to January 1. If an employee holds a master's degree, the total number of quarter credits beyond the master's degree, plus any quarter credits in excess of 45 between the dates of the bachelor's and master's degrees, will be the figure used. 5. The seniority list will also indicate the type of certificate(s) the employee holds and the endorsement(s) obtained by the individual. Section 9.3 General Provisions of Lay-off and Recall: 1. Certificated personnel with valid contracts will not be laid off during any school year. 2. All lay-offs will be effective at the end of the individual's current contract. 3. In the event of lay off, the Board shall provide written notice to all affected certificated employees, on or before May 15 of the school year preceding the year in which lay off would occur. 4. Economic reasons necessitating lay-off include the following: a. Enrollment decline, failure of a special levy, or other event resulting in a significant reduction in projected general funds available b. Termination or reduction of funding of categorical projects, which reduces projected general funds available. 5. If the Board anticipates a lay-off of certificated personnel, the Board will notify the Association by the last Board meeting in April of the level of seniority required to guarantee a position for the following school year, based on projected revenues available. 6. Except when special certification is required, no certificated employee shall be hired from outside the District until all individuals on the Certificated Seniority Layoff and Recall List have been rehired. 76 Section 9.4 Lay-Off Section 9.4.1 Probable Cause Notification: The Board shall inform those certificated personnel not having guaranteed position status that there is a probable cause to believe that their contract will not be renewed for the following year. The following considerations shall be extended to such employees: 1. The lay-off list simultaneously becomes the recall list. 2. The list shall be sent to the Association president and shall be available in the personnel office. 3. Alleged errors on the Certificated Seniority Lay-Off and Recall List may be grieved for sixty (60) days after the list is sent to the Association president. 4. The District will cooperate with the laid-off employees to assist them in continuing insurance coverage under group plans in which they are enrolled, if the employee wishes continued coverage. The laid-off employees will be responsible for paying the premiums for as long as the insurance companies will continue such coverage. If necessary, the District will transmit to the insurance companies all premiums prepaid to the District by individuals on lay-off. 5. The District will provide such information that may be helpful for the laid-off employees to receive unemployment compensation. 6. Benefits to which an employee was entitled at the time of lay-off, including accumulated disability leave benefits and insurance program eligibility, will be reinstated when the laidoff employee returns to active employment. 7. The District will provide a lay-off and recall plan to the association whenever implementing a reduction in force. a. Letters of lay-off will be delivered in person by the appropriate administrator whenever possible. b. Certificated staff receiving letters of lay-off will have ten (10) working days from the last student date to pack and remove materials from their classrooms and to clear off files from computers and servers. In addition, their district e-mail account will remain active until the end of this ten (10) working day period. Section 9.5 Recall 1. All individuals with guaranteed positions as indicated above shall be assigned positions according to their seniority. 2. After all assignments have been made, an opportunity will be provided to make changes consistent with the assignment and transfer provisions of this agreement prior to implementing recall procedures. 3. Qualifications of all individuals on the Certificated Seniority Layoff and Recall List will be identified. Up to the time of recall, new education qualifications will be added continually as earned and verified by the personnel office. Newly added qualifications cannot, however, have any impact on recalls already made, and the individual on lay-off must assume the full responsibility of providing the personnel office with the required information. The purpose of this provision is not to change the individual's seniority ranking. 4. All available positions for recall shall be identified as to qualifications required for the position. 77 5. All available positions requiring special certification (such as, special ed., psychologist, therapist, SLP, counselor and career/technical ed) shall be assigned first, with the position offered to the first qualified individual on the seniority list. Such positions will be assigned only to the limit required to meet the program's categorical funding provisions. 6. Assignment of the remaining positions (which may include additional positions in programs listed above) shall be by assignment of the most senior individuals that meet the definition of qualified (as defined above). 7. The District shall make a direct person-to-person contact when recalling certificated staff from lay-off whenever possible. If a direct person-to-person contact is not made within two (2) days of a potential recall position becoming available, the District shall give written notice of recall from lay-off by sending a certified letter to the certificated employee at his/her last known address. It shall be the responsibility of each certificated employee to notify the District of their contact information (e.g., phone, personal e-mail address, mailing address) and any change in address if applicable. The certificated employee's contact information as it appears in the District’s records shall be conclusive when used in connection with lay-offs, recall, or other notice to the certificated employee. If a certified letter is returned to the district due to non-delivery, it will be deemed the employee has resigned from District employment. When a direct person-to-person contact or phone call is made by the District, the certificated employee, or designated proxy, will be expected to accept or reject the offered position by the close of the following business day. If a response is not provided within this time period, the employee will be considered to have resigned from District employment. If a direct contact is not made, the District will send the certificated employee a certified letter of recall. Certificated employees will have three (3) business days from receipt of the certified recall letter to respond indicating either acceptance or rejection of the position. If a response is not provided within this time period, the employee will be considered to have resigned from District employment. If an employee on the recall list has been offered a position for which 1) s/he is certificated; 2) has experience qualifications; 3) the position is offered consistent with the provisions of this article; and 4) the employee rejects the offer, s/he shall be considered to have resigned from District employment. If an employee on the recall list has been offered a position for which 1) s/he is certificated; 2) has educational qualifications, but not experience qualifications; 3) and the position is offered consistent with the provisions of this article, the employee may request that s/he be passed over for that specific position. Such employee’s position on the recall list shall not be altered. No person shall remain on the recall list for more than two (2) years beyond August 31st of the calendar year in which s/he was laid off. If a certificated employee on the recall list accepts a position with another school District prior to this two (2) year limit, s/he shall be removed from the recall list. 78 Article 10 Miscellaneous Provisions Section 10.1 Auxiliary Classified Personnel Section 10.1.1 Support to the Instructional Program: The District may use auxiliary classified personnel to provide support services to the instructional program. Section 10.1.2 Not Substitute for Certificated Staff: Auxiliary classified personnel shall work under the direct supervision of the certificated staff and shall not substitute for certificated staff in the performance of professional duties and responsibilities. Section 10.1.3 Selection and Evaluation: Certificated employees should be given the opportunity to assist in the selection and evaluation of auxiliary classified personnel who are under their supervision. While certificated staff who have the support of classified staff may be asked for input regarding the classified staff’s performance, the certificated staff is not responsible for the written evaluation of classified staff. Certificated staff who accept supplemental contracts that include supervisory responsibilities are exempt from this provision. Section 10.2 Affirmative Action Section 10.2.1 Commitment: The District is committed to an affirmative action plan to ensure equal employment opportunities for all individuals without regard to race, creed, sex, age, national origin, ethnicity, color, marital status, veteran status, religion, political affiliation, or the presence of any sensory, mental or physical handicap, unless based on a bona fide occupational qualification. Section 10.2.2 Removal of Barriers: The District will take clearly defined steps to ensure the removal of any and all barriers to equal employment opportunities within its personnel policies and procedures. Major efforts will be aimed at the procedures for recruitment, hiring, training, assignment, retention, and promotion to ensure that these are inclusive of all protected groups. The District will identify the under-utilization of protected groups in different areas and review whether the District’s procedures may be contributing to the under-utilization. Section 10.2.3 Goals: The affirmative action plan is designed to assist the attainment of the basic goal of the best educational experience possible for students, achieved through the employment and placement of qualified men and women representing a diverse workforce at all levels of District operation. The affirmative action plan is designed to promote outreach, recruitment, training and educational efforts intended to expand the pool of qualified applicants consistent with the District's standards of excellence. This expansion will include efforts to encourage and inform members of protected groups of employment opportunities. Section 10.2.4 Equality of Educational Opportunity: In addition to compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Washington State laws and statutes, and directives from the Office of the Superintendent of Public Instruction, the District is committed to developing a program that will guarantee equality of educational opportunity to all students, regardless of race, creed, gender, age, national origin, color, ethnicity, marital status, or political preference. Also, the District will provide an appropriate educational opportunity to each student with a disability as provided under Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act. Section 10.2.5 Employment and Educational Program: These two areas -- employment and educational program -- are complementary parts of the primary goal of providing students with the best educational experience possible. 79 Section 10.2.6 Affirmative Action Designee: The Superintendent or his/her designee is the affirmative action officer whose duty it is to implement the affirmative action plan. To determine whether the interim efforts are consistent with the priorities and objectives set forth in the plan, the officer will semi-annually audit, monitor, revise, and improve the objectives of the plan. Section 10.2.7 Affirmative Action Committee: The Superintendent or the affirmative action designee may establish an affirmative action committee. If so, certificated staff representation on the committee shall be selected from a slate presented to the Superintendent by the Issaquah Education Association. If the Superintendent or the affirmative action designee feels that the list is not representative of the certificated staff, s/he may meet with the president of the Association to determine remedies for any inequities. Section 10.2.8 Future Budget Planning: Future budget planning will be provided to accomplish the established goals of the affirmative action plan. The effort will be aimed not only at hiring practices but also at such other considerations as promotion, training, transfers, and returns from leave or lay off; funding for educational program requirements, such as instructional materials; and for human relations training -- all factors that weigh heavily on the overall quality of an equal employment and educational program. Section 10.3 Substitute Teachers Section 10.3.1 Compensation: The compensation for substitute teachers shall be on a daily rate of 0.004 multiplied by the current school year's certificated salary schedule base. Section 10.3.2 Twenty (20) Consecutive Days for the Same Teacher: Any substitute teacher who has taught for twenty (20) consecutive days for the same teacher will be placed on the teacher's salary schedule and will be paid on that basis retroactive to the beginning of that twenty (20) day period. Section 10.3.3 Replacing Regular Teacher: If the regular teacher goes off contract through leave or other causes, the replacing teacher shall be hired at the regular salary rate. In any event, no two teachers will be under contract for the same position. Section 10.3.4 SLP, OT, or PT Substitute: A substitute will be hired for an SLP, OT, or PT, if the absence is for an extended period and if a substitute is available. Section 10.3.5 SAGE Teacher Substitute: A substitute will be hired for a SAGE teacher whenever s/he conducts a scheduled, weekly, pull-out class for students whose regular teacher(s) expect those children will leave the classroom to attend. A substitute will not be hired to come into classrooms to do whole-group instruction that depends upon the skill of the SAGE teacher and prior consultation and follow-up with the regular classroom teacher(s). Whole-group instruction (in the classroom) will not be scheduled when the SAGE teacher can anticipate being away from the building. When whole-group lessons are missed, they will be re-scheduled at the mutual consent of the classroom and SAGE teachers. Section 10.3.6 Guide for Substituting: A guide for substituting in the Issaquah schools shall be available from the Executive Director of Personnel. Substitute teachers will follow procedures presented in this guide. Section 10.3.7 In-service Opportunities for Substitutes: Substitute teachers will be permitted to participate in District in-service opportunities on an unpaid, space-available basis. When space is limited, the needs of regular employees will be met first. Section 10.3.8 Agreement Provisions Applicable to Substitutes: Only the following provisions of this agreement are applicable to the substitutes described above: 1.1, Individual Rights; 12.3, Right to Join and Support Association; 1.2, Right of Due Process; 1.3, Academic Freedom; Article 2, Conditions of Work Day and Duties; 10.5, Student Teachers; 7.1, Class Size 80 and Case Load; 1.4, School Visitors; Article 8, Grievance; 10.4, Substitute Teachers; and 1.9, Student Discipline. Section 10.3.9 Substitutes Hired for Open Positions: Substitutes who begin the year as substitute teachers filling in for open positions, who are subsequently hired for that same position, will be guaranteed all contractual benefits as if they were employed at the beginning of the contractual year, based on FTE. These benefits include: Per Diem salary as per this agreement, ARC money, LID day participation with pay, PGIF funds, health and welfare benefits, and eligibility to contribute to a TSA. Section 10.3.10 Substitute for the Remainder of the Year: When an open position has been advertised and not filled by a qualified teacher, it will be filled by a substitute. If it is filled by a substitute for the year, the substitute shall receive all contractual benefits that a regular staff member receives based on FTE. These benefits include: Per Diem salary as per this agreement, ARC money, LID day participation with pay, PGIF funds, health and welfare benefits, and eligibility to contribute to a TSA. Section 10.3.11 Leave for Substitutes: When a position is filled by a substitute for ninety (90) days, the substitute will be eligible for one sick day for each month worked (a total of six (6) days). In addition, the substitute is eligible for one (1) personal day. These days are calculated on an FTE basis for use during the period of substituting in the position and do not accumulate. Section 10.4 Student Teachers Section 10.4.1 Responsibilities and Definition: The District and the Association recognize that teacher training and placement of student teachers is a responsibility shared among the school District, institutions of higher learning, and the professional Association. Section 10.4.2 The Responsibilities of the Cooperating Teacher: To secure the best possible training for future teachers, it is important to carefully select the cooperating teachers. The cooperating teacher shall: A. B. C. D. E. Indicate a willingness to accept a student teacher by completing a written application form. Have taught at least one (1) year in the Issaquah School District at that grade level or subject area before being assigned a student teacher. Have taught at least three (3) years before being assigned a student teacher. Not be given responsibilities in addition to those normally assigned so that s/he can give adequate guidance and supervision to the student teacher. Assist the administration, college representative, or other appropriate individuals with the evaluation of the student teacher. Section 10.4.3 The Responsibilities of the Building Principal: Association negotiates otherwise, the building principal shall: A. B. C. D. Unless the principals' Assume responsibility for recommending cooperating teachers to the Executive Director of Personnel. Inform cooperating teachers of their eligibility upon their request for a student teacher. Orient student teachers to school policies and procedures. Assist the cooperating teacher and other appropriate individuals in the instruction and evaluation of the student teachers. Section 10.4.4 The Responsibilities of the Superintendent’s designee: Superintendent’s designee shall: A. B. C. The Assume the final decision in assignment of student teachers. Maintain records of teachers indicating a willingness to participate in student teacher programs. Except in unusual circumstances, assign no more than one student teacher to any one cooperating teacher during any one year. 81 D. Assign student teachers to cooperating teachers who are experienced and recommended by their principals for such responsibility. Variations in the regular program may be implemented by mutual written agreement among the District, Issaquah Education Association, and the training institutions. If honoraria are given by the college or university to the cooperating teacher or other staff members, payment shall be made directly to the recipient, provided the college or university does not refuse to do so on proof of legal grounds. Section 10.5 Exchange Teaching Program Section 10.5.1 District's Commitment: The Board recognizes that much value can accrue to a local school system by an interchange with teachers of other countries/states. When appropriate, the District will participate in the exchange teaching program; participation will not exceed 1% of the teaching staff in any given school year. Section 10.5.2 Guidelines A. A letter of application normally shall be submitted to the Office of the Superintendent prior to January 2 of the year preceding the school year under consideration. Such letter shall include: 1. 2. 3. 4. The date of school year being considered for exchange; The state/countries being considered; An indication if these states/countries have exchange programs for certificated personnel; and The purpose of being involved in exchange. B. The applicant shall be a teacher under regular contract with the District and shall have taught in the Issaquah School District for the three (3) years immediately preceding the date of application. C. The applicant shall have received a satisfactory District evaluation. D. Participation in an exchange teaching program shall be for one (1) year only, but participation may be extended for an additional year on mutual consent of the two school systems and the teacher(s) involved. E. The conditions affecting salary payments and position on the salary schedule shall be as follows: 1. A teacher will be given full credit for experience and increment while participating in the exchange program. 2. A teacher in exchange service shall receive his/her regular salary payments from his/her respective school system. F. Upon return to the District, the employee shall be entitled to the position held before the leave, subject to the conditions of paragraph G below. G. The certificated employee under this policy will be subject to the same staff reduction and reassignment policies and procedures as apply to other employees. H. Final approval of District participation in the exchange program will be contingent upon: 1. The assignment of a satisfactory exchange replacement for the District teacher. Credentials and a letter of recommendation by the exchange teacher's current 82 principal must be available for perusal by the District personnel office prior to acceptance of the exchange teacher. 2. The exchange teacher's willingness to work under the conditions established within the building to which s/he is assigned and to follow the established curriculum as developed; i.e., if the school is open concept or if it regroups for instruction, the exchange teacher cannot elect to operate in a different (self-contained) manner. Section 10.6 Enrollment of Certificated Staff Children: Certificated staff may enroll their children in their school or District feeder school. Once a child is placed in a District school, the child and his/her siblings may stay throughout their student career so long as the staff person remains with the District [subject to RCW 28A.225.225(2)(a)(b)]. Section 10.7 Department Heads/Team Leaders: 1) Number of Department Heads/Team Leaders The number of department heads/team leaders in each building will be determined by the building principals in consultation with each other and with the Director of Middle School or Secondary Education. The building principal may elect to combine small departments under a single chairperson or form sub-teams at each grade level which would be coordinated by the grade-level team leader. 2) Stipend System a) At the middle school level and at Echo Glen School, each team will receive an extended contract which provides for five extended contractual days. b) At the high school level, each department head in the regular program, the special education program, and the counseling department will be granted a stipend in terms of an extended contract. The number of contractual days will be based on the following formula: (1) In curricular areas, special education resource, and special education self contained, 1.2 X the number of full-time certificated staff members in the department. (2) In guidance and counseling, 1.2 X the number of full-time certificated staff members in the department, including the occupational information specialist. (3) No department will be allocated fewer than four extended days. 3) Release Time Each building will be allocated a pool of release days equal to the number of extended contractual days for department/team leadership. The building principal will have the responsibility of assigning or approving these days. Department/team leaders may request release days for themselves or for members of their department for departmental leadership activities. 83 Article 11 Administration of the Contract Section 11.1 Exclusive Recognition Section 11.1.1 Issaquah Education Association: The Board recognizes the Issaquah Education Association in affiliation with the Washington Education Association and the National Education Association as the sole and exclusive bargaining representative for all nonadministrative certificated educational employees of the District. Section 11.1.2 Definition of Terms: The terms educational employee, certificated personnel, certificated staff, and teacher, when used in this Agreement, shall refer to all full-time and regular, part-time, non-supervisory certificated educational employees of Issaquah School District No. 411. The definition of regular, part time, non-supervisory educational employee with respect to substitute teachers includes: A. Substitute certificated employees employed for more than thirty (30) days of work within any twelve (12) month period ending during the current or immediately preceding school year, and who continue to be available for employment as substitute teachers; and B. Substitute certificated employees employed in positions where it is anticipated or comes to pass that a member of the bargaining unit will be absent from his or her regular assignment and will be replaced in such assignment for a period in excess of twenty (20) consecutive work days. Section 11.1.3 Unit Clarification: Other positions that may be established by the Board shall be included in the bargaining unit unless the District and the Association agree that such positions should be excluded. If agreement on inclusion is not reached, either party may appeal to the Public Employee Relations Commission. Section 11.2 Rights, Functions, and Implementations Section 11.2.1 Rights and Functions of the Association: Throughout this agreement certain rights and functions are accorded and ascribed to the Association. No other group shall have the rights and functions accorded to the Association unless legally elected to supersede the Association. Section 11.2.2 Management Rights Reserved Unless Relinquished: All rights, except such as are clearly relinquished herein by the District, are reserved to the District (Board and/or administration), which is responsible for the maintenance of an orderly, effective and efficient operation of the District. Section 11.2.3 Agreement Becomes Effective: This agreement shall become effective when ratified by the Board and the Association and executed by their authorized representatives. Section 11.2.4 Supersedes Other Rules: This Agreement shall supersede any rules, regulations, policies, resolutions, or practices of the District that shall be contrary to or inconsistent with its terms, except when in conflict with applicable state or federal laws. Section 11.2.5 Detraction from Prior Terms of Employment: Unless otherwise provided in this Agreement, nothing contained herein shall be interpreted and/or applied so as to eliminate, reduce or otherwise detract from current wages, hours, terms or conditions of employment under existing rules, regulations, policies, resolutions or practices of the District in effect prior to the effective date of this agreement. 84 Section 11.3 Agreement Compliance Section 11.3.1 Agreement is Controlling: All individual certificated employee contracts shall be subject to and consistent with Washington State law and the terms and conditions of this agreement. Any individual certificated employee contract hereinafter executed shall expressly provide that it is subject to the terms of this and subsequent agreements between the Board and the Association. If any individual certificated employee contract contains any language inconsistent with this Agreement, for its duration, this Agreement shall be controlling. Section 11.3.2 Educational Employment Relations Act and PERC: The Board and the Association shall comply with the provisions of the Educational Employment Relations Act, RCW 41.59.140, and subsequent rules and regulations of the Public Employees Relations Commission. Section 11.4 Agreement Administration Section 11.4.1 Association President and the Superintendent Meet: The Association President and the Superintendent shall meet if requested by either party at mutually agreeable times to discuss current school problems and practices and the administration of this Agreement. If mutually agreed upon at least twenty-four (24) hours in advance, either party may bring additional representatives to such meetings. Section 11.5. Conformity to Law/Saving Clause: This Agreement shall be governed and construed according to the Constitution and applicable Laws of the United States and the State of Washington. Should any article, section, or portion thereof, of this Agreement be held unlawful and unenforceable by any court or arbitrator of competent jurisdiction, such decision of the court shall apply to the specific article, section, or portion thereof, directly specified in the decision. Upon the issuance of such a decision, the parties agree to negotiate immediately a substitute for the invalidated article, section, or portion thereof. Section 11.6 Distribution of Agreement Section 11.6.1 District Prints, Distributes: The Association shall provide an updated disk. The District shall provide paper, supplies, and labor as needed to reproduce sufficient copies of this agreement so that each certificated employee may receive one copy. The District will deliver copies to the Association membership and, as requested, to the Association. Section 11.6.2 Copies to New Employees, Applicants: All certificated employees new to the District shall be provided a copy of the Agreement by the District upon issuance of their individual contract. The Agreement shall be available to all applicants for certificated employee positions. Section 11.6.3 Receipt before First Warrant: Certificated employees shall provide a signed receipt of the agreement before issuance of the first warrant. Section 11.7 Terms and Issuance of this Agreement Section 11.7.1 District Policies: Those District policies that the Board may find desirable to implement, that are not in conflict with this Agreement, may be adopted at any time. No District policies, rules or regulations related to wages, hours and conditions of employment of Association members shall be changed without notice and an offer to negotiate the matter with the Association. Section 11.7.2 Negotiated Policies: Negotiated policies adopted by the Board, but not a part of this Agreement, may be brought up for negotiation into this Agreement by either party when such negotiations are timely. 85 Section 11.7.3 Employee Contracts: All employee contracts between the District and individual employees shall be subject to and consistent with Washington State law and the terms and conditions of this Agreement. All employee contracts shall provide that the contract is subject to the terms of the Agreement between the Association and the District. Contracts for the ensuing school year may be issued up to one-hundred twenty (120) days prior to the termination of this agreement. These contracts shall include a mutually agreeable rider. Section 11.7.4 Agreement Controls Individual Language: If any individual contract language is inconsistent with this Agreement, this Agreement shall be controlling. Section 11.8 Building Decision Making Process The decision making process for each building shall be reviewed, and any changes made, prior to September 30th of the current year. Each building will have on file with both the IEA and the administration their agreed-upon decision-making process. All new buildings will have a decisionmaking process in place by November 1st of their first full year open. These decision making procedures may be modified at any time as long as the modifications are submitted to the IEA and the District. Upon request, the association and/or the District will make available samples of building decision making models. Section 11.9 Waiver Policy If a building proposal conflicts with the collective bargaining agreement or a District policy, a waiver must be requested. Collective bargaining waivers shall be directed to the Association President, District policy waivers shall be directed to the Superintendent, and their respective procedures must be followed. If a waiver is requested to deviate from this collective bargaining agreement it must meet the following conditions: A. Waiver requests must be approved in accordance with the building shared leadership process. B. It may not diminish current contractual rights but may involve the rearranging and/or increasing of current rights, e.g. working an additional ten minutes to earn another prep. C. Contract waivers shall be for the life of the contract. D. No contract waivers shall be binding on any other building or unit. E. No contract waiver shall be considered to set a precedent. F. Waiver proposals must be supported by 80% of IEA members affected by the waiver. G. Waiver proposals may be presented at any time during the school year, but not later than May 1 for implementation the following September, to a joint Association/District waiver committee for discussion, clarification, and problem-solving. H. The IEA Executive Board and the Superintendent/Designee will approve or disapprove any proposals submitted to them by the joint waiver committee. Approval of the IEA Executive Board and the Superintendent/Designee is necessary to implement the waiver. J. These decisions will be final. 86 Section 11.10 Contracting Out Section 11.10.1 Limits: It shall be the policy of the District to use its own professional staff and its own facilities to provide services requiring certificated personnel. Normally, contracting out for services shall be limited to the following: A. Specialized services that do not justify issuance of a continuing contract owing to the quantity or duration of the services required. B. Services that must be combined with facilities and/or equipment not readily available to the District. C. Services that, traditionally, have been contracted out. D. Services that cannot be provided by our existing staff owing to the need for specialized skills or training. E. Non-classroom services not currently provided. Section 11.11 Collaborative Problem Solving Section 11.11.1 Conditions: This Agreement may be amended 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). The parties are committed to collaboratively solving problems or concerns as they arise. Either party may initiate collaborative problem solving at any time through the labor management process. If a levy should fail, the IEA and District will meet to discuss the potential impact of such a failure. 87 Article 12 Association Rights and Business Section 12.1 Orientation of Staff Section 12.1.1 Participation of President: The President of the Association may request to be included on the agenda of the District's program for the orientation of new employees. Section 12.1.2 New Employees: The Board shall provide to the Association a monthly updated list of newly contracted certificated employees. Section 12.1.3 Association Notification of Employees and Assignments: Throughout the summer, the District shall notify the Association of new employees' names and mailing addresses when those employees have been approved by the Board. By October 15, the District shall provide the Association the names of all employees, their building, grade, and subject assignments. Section 12.2 Right to Join and Support Association Section 12.2.1 Legal Protection: Employees of the District who are represented by the Association shall have the right to freely organize, join, and support the Association for the purpose of engaging in negotiations and other concerted activities for mutual aid and protection. As a duly elected body exercising governmental power under the State of Washington, the Board shall not directly or indirectly discourage or deprive any employee of any rights conferred by the State of Washington and the United States. Nor shall the Board discriminate against any employee with respect to hours, wages, or any terms or conditions of employment by reason of membership in the Association, participation in any grievances, complaint, or proceeding under this Agreement or otherwise with respect to terms and conditions of employment. Section 12.3 Membership Deductions Section 12.3.1 Exclusive Rights: The Association and its affiliates (WEA and NEA) shall have the exclusive right of automatic payroll deduction of membership dues, assessments, and fees for employees covered by this agreement. Payroll deduction shall also be available for those employees belonging to the NEA - Fund for Children and Public Education. The dues deduction forms and authorizations shall remain in effect from year to year, unless withdrawn in writing by the employee or otherwise negated by law. Section 12.3.2 Dues and Representation Fee Deduction: Each school year, the Association shall give written notice to the District of the dollar amount of individually authorized local, state, and national organization dues and fees that are to be deducted in the coming school year. Unless otherwise on file with the District as of the effective date of this Agreement, the Association shall provide the District with an agreed to, properly executed, and signed dues deduction and fees authorization and assignment for each District employee. The deduction authorized shall be made in twelve (12) equal amounts from each paycheck beginning with the pay period in September (September 30 warrant) through the pay period in August (August 31 warrant) for each year. Deductions from new employees authorized to begin after the September payroll shall be spread equally over the remainder of the pay periods through August. The District will remit all monies so deducted to the Association or its authorized designee. The District will provide to the Association and its designee a list of employees from whom the deductions have been made. Section 12.3.3 Agency Shop: All employees shall be required to join the Association and thereafter maintain membership in the Association or shall be required to pay a representation fee equivalent to Association dues and fees within thirty (30) days of their date of employment. The District shall deduct from the salary of employees applicable to this provision who do not join the Association an amount equal to the dues and fees required for membership in the 88 Association. Those deductions shall be processed in accordance with Section 12.5.2. The District shall provide a list to the Association each month identifying those employees for whom representation fee deductions have been made. Section 12.3.4 District's Obligation: The District shall have no obligation to collect any dues or obligations other than those authorized on a monthly basis. The District shall not, for example, be required to collect dues from a former employee who may owe dues to the Association. Section 12.4 Representation Fee Deductions Section 12.4.1 District Deducts: Should a teacher fail to deliver an automatic payroll authorization form within ten (10) days of employment or by September 25, whichever is later, the District agrees to deduct from the salary of such teacher a representation fee in an amount equal to membership dues and assessments (such dues and assessments shall not contain contributions to WEA-PAC); however, teachers who have joined the Association and paid by means other than payroll deduction, as verified by the Association, shall not be subject to this deduction. Representation fee deductions shall be handled and transmitted by the District in the same fashion as membership deductions as provided for in this section. Section 12.5 Charitable Organization Deductions Section 12.5.1 Religious Objection: Any teacher claiming a bona fide religious objection pursuant to RCW 41.59.100 and WAC 391-30-900 will notify the Association and the District of such objection in writing. Section 12.5.2 Assigned Wages: Upon the filing of such objection, and after it has been determined that an employee has a bona fide religious objection to the payment of the representation fee, said fee shall be remitted by the District to an Association-approved secular charity. The employee and the Association shall agree upon the charity. In the event agreement cannot be reached, the Public Employment Relations Commission pursuant to RCW 41.59.100 shall designate the charity. Section 12.6 Leave for the Association President Section 12.6.1 Length of Leave: The District shall grant a leave for up to two (2) years, renewable for an additional two (2) two-year terms, to the President of the Association. Section 12.6.2 Wages and Reimbursement: While on leave, the Association president shall be entitled to the same wages and benefits as if s/he were teaching in the District; however, the Association shall reimburse the District for wages and benefits. The reimbursement shall be made in advance each month during the term of the leave. Section 12.6.3 Assignment upon Return: Upon the teacher's return from this leave, the District will assign the teacher to the same position, or one equivalent to the position, held prior to the leave. Section 12.6.4 Association Indemnifies and Holds District Harmless: The Association agrees to indemnify and hold harmless the District against any claim or lawsuit arising from this leave, including the cost of judgment, attorney fees and court costs. The Association shall have the authority to select the attorney and direct all litigation pursuant to such claim or lawsuit. Section 12.7 Association Rights – Miscellaneous Section 12.7.1 Use of School Facilities and Equipment: The District shall permit the Association to use school facilities on the same basis as the most favored group or organization under the current regulations pertaining to facility use for non-school activities. The Association shall have the right to use District equipment. The Association will provide materials and supplies or reimburse the District for the use of materials and supplies. 89 Section 12.7.2 Post Notices: The Association shall have the right to post notices of activities and matters of Association concern within each building. Other District bulletin boards may be used for Association notices if permission has been obtained from the building administrator. Section 12.7.3 Intra-District Mail: The Association shall have the right to the use intra-District mail service, E-mail, and staff mail boxes for communication purposes with their members. Section 12.7.4 Appointing IEA Members to Committees: The District acknowledges that all IEA representatives to any District committee shall be appointed by IEA, in a process to be determined by IEA. Section 12.7.5 District Financial Resources: The Administration shall furnish to the Association information concerning the financial resources of the District, including, but not limited to, annual financial reports and audits, tentative budgeting requirements and allocations, agenda and minutes of all Board meetings held in open session, student enrollment, membership data, an annual employee directory, and any other information available in accordance with laws pertaining to the availability of District data. Section 12.7.5.1 District Budget Process: The District agrees to establish a joint IEA/ISD budget committee to review the District budget throughout the year. As part of its on-going work, the committee will be involved in the budget process and meet on a regular basis from the early formative stages throughout the development of the budget. The purpose of the committee is to assure that IEA has a role in the budget process and has an opportunity to provide direct input throughout its development prior to budget decisions being made. Section 12.7.5.2 Building Budget/Staff Involvement: Each principal shall provide an opportunity for the building staff to be involved actively in budget planning. A copy of the computer printout of the monthly budget status for the building shall be kept in a readily accessible location within the building. Staff will be updated periodically on the status of the budget. Section 12.7.6 Visitations: Any officer or authorized representative of the Association shall have the right to visit District buildings, individual educators, or groups of educators represented by the Association, at all reasonable times when educators are not on duty, or by special arrangement through the principal at other times, provided that the visits shall not interfere with nor interrupt normal school operations. Section 12.7.7 Association Business during Work Hours: Representatives duly authorized by the Association may participate during work hours in negotiations, grievance proceedings, conferences, or meetings with representatives of the District. Such activities may result in a loss of pay if not otherwise provided in this agreement. 90 Article 13 Business – Instructional Materials Selection Section 13.1 Legal Reference for Instructional Materials Selection In accordance with RCW 28A.320.230, the Board of Directors of Issaquah School District #411 is legally responsible for establishing a policy for approval of instructional materials used in the implementation of the District's instructional program. Section 13.2 Charge to the Adoption Committee for Selection of Instructional Materials The success of the District in meeting the needs of students is directly related to the range and quality of instructional materials available. Teachers will be provided with teaching and learning materials essential for the maintenance of an effective instructional program. Such a program will: 1. 2. 3. 4. 5. 6. 7. Meet State standards, District goals, benchmarks, and curriculum/course objectives; Provide access to materials of the appropriate level for students' abilities, interests, and maturity; Enhance free inquiry and learning; Respect the importance of dealing with issues, including controversial issues, with consideration of various points of view; Respect democratic traditions, the Constitution, and the Bill of Rights; Respect both sexes and the multi-cultural reality of our society; and Provide materials that are current and reflect the rapid and continuing expansion of knowledge. Subject to the provisions of this policy, the Board has assigned to the professional staff the responsibility for selection of instructional materials. Section 13.3 Definition of Terms Instructional materials include, but are not limited to, books, pamphlets, audio and visual media, texts, library books, software, technology based materials, reprints, tapes, films, photographs, clippings, manipulative material, and other materials used in the learning process. A. Standard instructional materials are instructional materials that constitute the principal learning resources for meeting the goals and objectives of a given course of study. B. Supplemental instructional materials are those materials, not specified by the adoption committee that complement, not replace, the standard instructional materials by: 1) Providing for various ability levels and interests of students and expertise of staff. 2) Providing more depth, different points of view, more detailed information, a more comprehensive view, a greater appreciation for cultural pluralism, or more timely information. C. Ephemeral instructional materials are those selected for a course of study because of the currency of topics to be covered. Some courses of study may rely heavily on ephemeral materials. D. Library resource materials are any materials available through library resource centers, for student or staff use. 91 Section 13.4 Review and Selection of Standard Materials for District Adoption, K-12 The success of the District in meeting the needs of student learning depends in part on the range and quality of materials available to teachers for use in the instructional program. The selection of standard textbooks and materials to be recommended for District adoption is the responsibility of the professional staff and shall be fulfilled through District curricular area adoption committees and building teams. A. The Adoption Committee. To promote informed decision-making, the adoption committees shall be structured to do the following: 1. 2. 3. 4. Provide for representation of school and grade level teachers; Include representation of professional staff who teach the full range of students; Consider parent/community values and feedback; and Provide adequate opportunity for all teachers who are to use the materials to examine materials and provide input prior to final recommendation. The committee structure will vary, depending upon the numbers of teachers involved in the teaching of the subject under review. B. The Review Process. The Adoption Committee membership shall be established by the Assistant Superintendent of Teaching and Learning Services. C. Responsibilities. The committee charge shall include the responsibility to: 1. Prior to review for adoption recommendation, the committee shall: a. Review research and best practices. b. Create a scope and sequence which develops benchmarks and supporting objectives in keeping with the District's philosophy and goals. c. Review the Essential Academic Learning Requirements and Grade Level Expectations. d. Review student performance data. e. Review the current program and identify strengths and weaknesses. 2. In the year of adoption recommendation, the committee shall: a. b. c. d. e. f. g. h. Research programs matching the charter for that committee. Review available data about student achievement where materials are used. Recommend options for instructional materials and library support. Recommend links with other disciplines and with community. Plan for future development of benchmark assessment tools. Provide a plan for initial and subsequent program implementation. Provide a plan for initial and subsequent professional development. Develop plan and recommendation for surplus of current materials. 3. Prior to a final recommendation, the committee shall make ample provision for all Teachers who shall be expected to use the materials to: a. Be apprised of the philosophy, goals, and benchmarks and the criteria for selection of materials, and b. Review and give input to the committee as to the materials under consideration that best fulfill the charges of the charter. 92 D. Recommendations. After reviewing the teacher comments, the committee shall make recommendations as specified in the charge to the committee. E. Intensive study of the material: Intensive study could include, but is not limited to, field testing, expert panels, lesson comparison or other appropriate evaluations. If the recommendation is to field test, the committee shall recommend a process for field testing that would assure cost effectiveness and objective assessment of the materials. F. Phase-in Implementation. A single text may be recommended as a phase-in implementation. In this phase-in implementation, teachers would be assigned the responsibility to use the materials on a timeline determined by the committee. Those teachers using the materials may have the additional responsibility of developing appropriate supplementary activities or materials as needed and may be called on to inservice other teachers who would be using the materials. G. District Development of Materials. If the recommendation is for District development of materials, this recommendation would be made to the Teaching and Learning Services department. The Assistant Superintendent of Teaching and Learning Services shall have the responsibility for implementation. Normally, teachers involved in the review cycle would be involved in the development of materials. H. Availability of Selected Materials. Major consideration shall be given to assuring the timely arrival of new materials. Teachers who are to use the newly purchased or developed materials should have access to them during the summer prior to their use in the classroom. Materials to be used by students should be processed and ready for classroom distribution when school begins. In the event that materials do not arrive in a timely manner, temporary, alternative plans will be developed. I. Implementation and Staff Development. The Assistant Superintendent of Teaching and Learning Services shall have responsibility for implementing the above provisions along with the planning and scheduling of related in-service. Section 13.5 Procedure for Instructional Materials Committee Section 13.5.1 Standard Instructional Materials: Standard instructional materials shall be reviewed by the Instructional Materials Committee. Those materials recommended for adoption and, approved by the Superintendent, shall be submitted to the Board for action. Updated editions of currently approved texts need not be submitted to the IMC, unless the new edition is substantially changed from the approved version. Section 13.5.2 Instructional Materials Committee A. Purpose: 1. To review and act on instructional materials recommended for adoption by the instructional staff. 2. To use the District’s procedures for reviewing and declaring materials as obsolete or surplus. 3. When requested by the Superintendent, to stand as the body that re-evaluates challenged materials and provides recommendation to the Superintendent. B. Function: 1. To review and recommend materials based on: a) b) The District's goals for adoption; The District's philosophy of selection of instructional materials; and 93 c) Current practices for evaluation of materials for gender and ethnic bias and community standards. 2. To review and recommend materials as obsolete or surplus. C. Membership: 1. The Instructional Materials Committee shall consist of 16 voting members and a nonvoting chairperson. a) Eight subject area professional staff members to include two elementary, two middle school, and two high school members at all times. 1 Math/Science 1 Health and P.E. 1 Career and Technical Education 1 Guidance and Counseling D. E. 1 Social Studies/Humanities 1 Language Arts/Humanities 1 Special Education 1 Art/Music b) Three Library Media Specialists -- one elementary, one middle school and one high school. c) Five community members appointed by the Superintendent. d) The Superintendent shall appoint the non-voting chairperson. 2. The professional staff members of the Instructional Materials Committee shall be chosen by the Superintendent from a list of qualified individuals provided by the Association. The Superintendent may request that the list be extended to provide adequate latitude in selection of a representative committee and/or suggest individuals to be included on the list. 3. The term of office for appointed members shall be two years. Appointments shall be staggered. Vacancies during a term of a member shall be filled according to procedures noted above. The chairperson is appointed annually by the Superintendent. 4. Any committee member absent from two consecutive meetings, except for illness or as authorized by the committee, may be required to vacate his/her position. The Superintendent shall fill such vacancy according to the procedures noted above. Meetings: 1. Meetings are scheduled as needed. All meetings shall be called by the IMC chairperson. Members must receive written notices of all meetings at least five days in advance. A simple majority of the current year’s total IMC members shall constitute a quorum. (MOU 10.10.05) 2. When IMC meets during the workday, funds shall be budgeted to provide substitutes for members having classroom responsibilities. When IMC meets outside the workday, members shall be paid at the curriculum rate for meeting time and for time spent reviewing materials. 3. The first committee meeting of the year will include in-service for members with the agenda developed collaboratively by District and Association. The Instructional Materials Committee shall use the following procedures: 1. Presentation procedures: 94 a) When an instructional material is being presented to the IMC as a District adoption, the committee chair and representatives from the recommending committee will make the presentation. b) When a supplemental or ephemeral material is being presented to the IMC, the teacher(s) recommending the material shall make the presentation. Department heads, principals, and/or appropriate curriculum specialists may participate. c) Person(s) making a presentation to the IMC shall: d) 2. 2) When part of a district curriculum adoption, Teaching and Learning will be responsible for providing the IMC with appropriate copies of materials for review. When a building, department, grade level, or individual brings a curriculum material before the IMC, the building, department, grade level, or individual is responsible for providing the IMC with appropriate copies of materials for review. 3) Contact the IMC chairperson prior to the date of the scheduled presentation. Be prepared to elaborate on information contained on the Selection Of Standard Instructional Materials form. IMC members shall be responsible for gathering additional data she/he feels is necessary in making his/her own decision. Voting on recommended materials shall be conducted by a show of hands. Only committee members who heard, in person or on tape, the initial presentation and the discussion shall be allowed to vote. A recommendation vote to the Superintendent requires a simple majority of the current year’s total IMC members (including proxy ballots) voting affirmatively. (MOU 10-10-05) Procedures following the vote: a) b) c) d) 4. Complete the Selection of Standard Instructional Materials form and submit it to the IMC chairperson for review two weeks prior to the IMC meeting. Voting Procedures: a) b) 3. 1) The chairperson forwards materials approved by the IMC to the Superintendent for submission to the Board. Prior to Board action, materials are placed on public display at the Issaquah School District Administrative Service Center. Through the media, parents are encouraged to review the learning materials that are being considered for use. The Superintendent informs the Board of the recommendation for adoption and, upon request, provides members a copy of the materials for review. The Board acts on the request for adoption. Minority report procedures: a) b) An intent to file a minority report either must be announced at the IMC meeting at which the vote is taken or must be forwarded to the IMC chairperson within three (3) days of that meeting. The IMC chairperson must receive the minority report at least one week prior to anticipated Board action. Majority reports are required whenever it is announced that a minority report is to be filed. 95 c) d) e) 5. Majority reports shall include the vote, the selection form, and the rationale for approving the selection. Both majority and minority reports must be signed by the authors. Both majority and minority reports shall be reviewed by the chairperson and the Superintendent before being forwarded to the Board and being disseminated to IMC members. Withdrawal procedure: a) b) District Adoption recommendation: Prior to presentation to the Board for action, a request for withdrawal of materials from consideration may be made by the adoption committee chair, based on committee consensus. Building or individual teacher request: Prior to presentation to the Board for action, a request for withdrawal of materials from consideration may be made by the submitting teacher(s) or building administrator. Section 13.5.3 Procedure for Selecting Library Resource Materials: Under the direction of the building principal, the School Library Media Specialist selects library resource materials. The specialist begins the process by determining what is required to support and enrich the educational program of the District. The Library Media Specialist considers the following in selection: 1) The curriculum needs of the individual schools and individual students; 2) The reading interests, abilities, and background of the students using the library Resource center and; 3) Requests from staff, students, parents, and District specialists, and; 4) Professional selection tools. The Library Media Specialist shall prepare the purchase order and submit it according to the building’s system for processing purchase orders, which may include review by the building principal. A. Objectives of selection. The primary objective of a school library resource center is to implement, enrich, and support the educational program of the District school by: 1. 2. 3. 4. B. Providing resource materials for students and faculty; Providing materials that meet the interest, vocabulary, maturity and ability levels of all students; Fostering reading and learning as a lifelong activity through pleasurable exposure to materials, both print and non-print; and Providing materials that fulfill the goals as outlined in the School Library Bill of Rights for School Library Media Programs. School Library Bill of Rights for School Media Programs. The American Association of School Librarians reaffirms its belief in the Library Bill of Rights of the American Library Association. Media personnel are concerned with generating understanding of American freedoms through the development of informed and responsible citizens. To this end, th American Association of School Librarians asserts that the responsibility of the school library media center is to: 1. Provide a comprehensive collection of instructional materials selected in compliance with basic, written selection principles, and to provide maximum accessibility to these materials; 2. Provide materials that will support the curriculum, taking into consideration the individual's needs and the varied interests, abilities, socio-economic backgrounds and maturity levels of the students served; 96 3. Provide materials for teachers and students that will encourage growth in knowledge and that will develop literacy, cultural and aesthetic appreciation and ethical standards; 4. Provide materials that reflect the ideas and beliefs of religious, social, political, historical, and ethnic groups and their contribution to the American and world heritage and culture, thereby enabling students to develop intellectual integrity in forming judgments; 5. Provide a written statement, approved by the local Board of Education, of the procedures for meeting the challenge of censorship of materials in school library media centers; and 6. Provide qualified professional personnel to serve teachers and students. Section 13.5.4 Challenged Materials Section 13.5.4.1 Definition of Complainant: The complainant is defined as the concerned party, i.e., community member, student, staff, or the professional Association. A. The complainant shall communicate the concern to the person(s) primarily responsible for the use of the materials. The two parties shall make every effort to resolve the concern. The principal or department head may be involved at the request of either party. B. If the matter is not resolved, the complainant may ask the building principal for the Request for the Re-Evaluation of Materials form and a copy and explanation of the Challenged Material Procedure. C. The complainant shall complete the Request for the Re-Evaluation of Materials form and shall submit the complaint to the Superintendent. D. The Superintendent shall request from the Chair of the Instructional Materials Committee, the original documentation and committee minutes from the IMC review and recommendation process. If the material has not been recommended by the IMC, the primary user of the material will be asked to complete the Selection of Standard Instructional Materials form. E.. Within 10 school days of receipt of the request for re-evaluation, the Superintendent shall forward the Request for the Re-Evaluation of Materials form and the original IMC documentation and minutes to the IMC. The IMC shall have thirty (30) school days to complete its re-evaluation review and for the chairperson to make a written recommendation to the Superintendent. 1. The IMC shall re-evaluate the materials with the specific objections in mind as they relate to the District goals and philosophy of selection of instructional materials (Section 13.5). In cases where the material has gone through a selection process, this committee shall take into consideration the actions of the selection committee. The IMC shall request the complainant and person(s) primarily responsible for the use of the material to appear before the committee to add information relative to the complaint. 2. The Superintendent may accept or reject the IMC's recommendation. Within 10 school days of receiving the committee's recommendation, the Superintendent shall communicate his/her decision in writing to the complainant and the person(s) primarily responsible for use of the material. 97 3. Upon request of either party, the Board shall review the Superintendent's decision. Such request for board review must be made within ten (10) school days of receipt of the Superintendent's decision. If a request is not received within ten (10) school days, the challenge process shall be considered completed. If a request for Board review is submitted, the Board shall have thirty (30) calendar days in which to make a decision. 4. Any disputed materials shall remain in use in the school system until the challenge process has been completed. Section 13.5.5 Review and Selection of Basic Materials for District Adoption, K-12 The success of the District in meeting the needs of student learning depends in part on the range and quality of materials available to teachers for use in the instructional program. The selection of basic textbooks and materials to be recommended for District adoption is the responsibility primarily of the professional staff and shall be fulfilled through District curricular area review committees and building teams or committees. A. The Curricular Area Review Committee. To promote informed decision-making, the curricular area review committees shall be structured to do the following: 1. 2. 3. 4. Provide for representation of the school and grade level teachers; Include representation of professional staff in related curricular areas; Provide for parent/community involvement in the committee process; and Provide adequate opportunity for all teachers who are to use the materials to examine materials and provide input on their usefulness prior to final recommendation. The committee structure will vary, depending upon the numbers of teachers involved in the teaching of the subject under review. B. The Review Process. The committee membership shall be established by the Assistant Superintendent of Teaching and Learning Services. C. Responsibilities. The committee charge shall include the responsibility to: 1. Review the Essential Academic Learning Requirements and Grade Level expectations 2. Review the present program and indentify strengths and weaknesses. 3. Research exemplary programs. 4. Develop benchmarks and supporting objectives in keeping with the District’s philosophy and goals. 5. Recommend options for instructional materials and library support. 6. Recommend links with other disciplines and with community. Prior to a final recommendation, the committee shall make ample provision for all teachers who shall be expected to use the materials to: 1. 2. D. Be apprised of the philosophy, goals, and benchmarks and the criteria for selection of materials, and Provide opportunity for teachers to review and give input to the committee as to the materials under consideration that best fulfill the goals of the program. Recommendations. After reviewing the teacher comments, the committee shall make recommendations as specified in the charge to the committee. Prior to a final recommendation of instructional materials, the committee shall, when possible, survey teachers/Districts where the materials have been used. 98 The committee will normally recommend (1) a variety of materials to be used in a program or at each grade level or span and (2) appropriate in-service for teachers. The committee may recommend that supplementary materials be purchased and/or developed. E. Piloting. If the recommendation is to pilot, the committee shall recommend a process for piloting that would assure cost effectiveness and objective assessment of the materials. F. Phase-in Implementation. A single text may be recommended as a phase-in implementation. In this phase-in implementation, teachers would be assigned the responsibility to use the materials on a timeline determined by the committee. Those teachers using the materials may have the additional responsibility of developing appropriate supplementary activities or materials as needed and may be called on to inservice other teachers who would be using the materials. The phase-in teachers may also have the option of recommending against the materials if they are not satisfactory in actual use. If the materials are to be continued in general use, the in-service of other teachers would be scheduled in a timely way. G. District Development of Materials. If the recommendation is for District development of materials, this recommendation would be made to the Teaching and Learning Services department. The Assistant Superintendent of Teaching and Learning Services shall have the responsibility for implementation. Normally, teachers involved in the review cycle would be involved in the development of materials. H. Availability of Selected Materials. Major consideration shall be given to assuring the timely arrival of new materials. Teachers who are to use the newly purchased or developed materials should have access to them during the summer prior to their use in the classroom. Materials to be used by students should be processed and ready for classroom distribution when school begins. I. Implementation and Staff Development. The Assistant Superintendent of Teaching and Learning Services shall have responsibility for implementing the above provisions along with the planning and scheduling of related in-service. 99 Article 14 Duration and Calendar Preferences Section 14.1 Calendar Section 14.1.1 Calendar Preferences: Certificated staff will be surveyed to determine their calendar preferences for the 2001-2002 school year and future years as determined by negotiations. In subsequent years, if either party wishes to make changes, it may be done during regular negotiations or whenever mutually agreed upon. However, these negotiations may not affect the calendar immediately following the contract expiration. An attempt will be made to have the calendar established three (3) years in advance of the beginning date of the school year. Section 14.2 Laws, Ratification Negotiations between the District and the Association shall be carried out pursuant to the Education Employment Relations Act, Chapter 288, Laws of 1975, First Extraordinary Session. In addition to the provisions of the act, both teams recognize that all agreements, both verbal and written, reached through the negotiations process are tentative until ratified by the Board and the Association. Section 14.3 Duration and Entire Agreement Section 14.3.1 Circumstances to Allow Opening Agreement: This agreement may be opened at any time for negotiations regarding changes, additions or deletions of a specific topic mutually agreeable to both parties. Section 14.3.2 Effective Dates for Changes: The changes, deletions, or additions so negotiated shall become a part of this agreement on its anniversary date unless otherwise mutually agreed. Section 14.3.3 Time of Agreement: This agreement shall remain in full force and effect from September 1, 2010 through August 31, 2014. Section 14.3.4 Agreement Scope, Terms: This agreement incorporates the entire understanding of the parties on all matters that were the subject of negotiations. During the terms of this agreement, neither party will be required to negotiate with regard to any matter that is not a mandatory subject of bargaining as provided by RCW 41.59. 100 MEMORANDA OF AGREEMENT/UNDERSTANDING ADDENDUM Addendum A FORMS The forms listed below are available at: ARC/Additional Responsibility Compensation Building/Program Reassignment Form Certificated Employee Request for Transfer Certificated Personal Leave Reduction Certificated Personnel Year End Assessment Report Clock Hours/PDP Contract Waiver Request Evaluation Forms Form A : Formative Strand Grievance Review Request Leave Request Form PGIF/Professional Growth and Incentive Fund Pre-Observation Form Request for Compensation Request for Re-Evaluation of Materials Salary Schedules IMC (Instructional Materials Committee) Review Request Team Application for Transfer Tuition Reimbursement Form 110 ISD Intranet (Personnel) ISD Intranet (Personnel) ISD Intranet (Personnel) ISD Intranet (Personnel) ISD Intranet (Personnel) ISD Intranet (Forms & Templates) IEA Office ISD Intranet (Personnel) ISD Intranet (Personnel) IEA Office School Office ISD Intranet (Personnel) ISD Intranet (Personnel) ISD Intranet (Business Office). ISD Intranet (Teaching & Learning Dept.) ISD Intranet (Personnel) ISD Intranet (Teaching & Learning Dept.) ISD Intranet (Personnel) ISD Intranet (Personnel) Addendum B 2010-2011 District Calendar M T W Th F M 30 6 31 31* 7 1 8 2 9 3 10 13 14 15 16 17 20 27 21 28 22 29 23 30 24 OCTOBER T W Th F AUGUST p Depends on state/ fed funding SEPTEMBER M 2 3 4 8 9 10 11 14 15 16 17 18 21 28 22 23 24 25 23 24 25 26 27 27 Sp Ed Focus 30 31* 1 2 3 30 Prep 7 8 11 12 13 14 15 22 29 Dec 2: Elementary conferences No school for elementary students 21 28 NOVEMBER 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 29 23 30 24 25 26 DECEMBER 1 2 3 6 7 8 9 10 13 14 15 16 17 20 27 21 28 22 29 23 30 24 31 JANUARY 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 31 25 26 27 28 Nov 11: Veterans Day No school for students or staff.. Nov 25-26: Thanksgiving holiday No school for students or staff. Dec 20-31: First Winter Break No school for students or staff. Jan 17: Martin Luther King Jr. Day No school for students or staff. Feb 21: Presidents Day No school for students or staff. Feb 22-25: Second Winter Break No school for students or staff. Apr 4-8: Spring Break No school for students or staff. May 27-30: Memorial Day 4 day weekend* No school for students or staff. June 15: Last day of school for students WEATHER MAKE-UP DAYS These days will become school days if needed to k up d th or other th school h l make days llostt tto weather closures. Any additional days will be added on after the last June makeup day. First day: Friday, May 27* Second day: Thursday, June 16 Third day: Friday, June 17 Fourth day: Monday, June 20 Fifth day: Tuesday, June 21 2010-11 school calendar December 4, 2009–elem conferences determined 111 7 26 State LID 6 20 27 F 1 5 19 26 Th g .5 p p prep 24 .5 bldg 25 District job alike 4 18 25 W FEBRUARY Aug 31: First day of school for students Sept 6: Labor Day N h l for f students t d t or staff. t ff No school Dec 1: Elementary conferences No school for elementary students 1 T 23 Special Ed MARCH 1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 28 22 29 23 30 24 25 31 APRIL 1 4 5 6 7 8 11 12 13 14 15 18 25 19 26 20 27 21 28 22 29 MAY 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 30 31 25 26 27 1 2 3 8 JUNE 6 7 9 10 13 14 15** 16 17 20 27 21 28 22 29 23 24 30 Addendum B 2011‐2012 District Calendar for Staff M T W Th F M SEPTEMBER 29 30 31 1 2 5 6 7 8 9 12 13 14 15 16 19 20 21 22 26 27 28 29 3 4 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 6 3 F 3 10 13 14 15 16 17 23 20 21 22 23 24 30 27 28 29 1 2 7 4 8 9 10 11 16 17 18 21 22 23 24 25 28 29 30 DECEMBER 1 2 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 JANUARY 5 Th 9 15 4 W 2 7 3 T FEBRUARY 8 14 2 M 1 NOVEMBER 2 F 7 31 1 Th W AUGUST 6 OCTOBER 5 T 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 30 31 22 23 [24] [25] [26] [29] 30 31 Aug 24: First work day for teachers Aug 30: First day of school for students 30: First day of school for students MARCH Sept 5: Labor Day No school for students or staff. XX Elementary conferences—to be determined No school for elementary students only Nov 11: Veterans Day No school for students or staff. Nov 24-25: Thanksgiving holiday No school for students or staff. staff Dec 19-Jan 2: First Winter Break No school for students or staff. Jan 16: Martin Luther King Jr. Day No school for students or staff. Feb 20‐24: Presidents Day/Second Winter Break No school for students or staff. Apr 9‐13: Spring Break No school for students or staff. May 25-28: Memorial Day 4 day weekend** No school for students or staff. June 14: Last day of school for students WEATHER MAKE-UP DAYS Th These days d will ill become b school h l days d if needed d d to t make up days lost to weather or other school closures. Any additional days will be added on after the last June makeup day. First day: Friday, May 25** Second day: Friday, June 15 Third day: Monday, June 18 Fourth day: Tuesday, June 19 Fifth day: Wednesday, June 20 2011-12 school calendar Elementary conferences to be determined [ ] August teacher work days, no school for students 6.18.2010 112 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 5 6 APRIL 2 3 4 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 30 MAY 1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 31 JUNE 1 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 Addendum B 2012‐2013 District Calendar for Staff M T W Th M F SEPTEMBER 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 OCTOBER 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 31 NOVEMBER 2 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 DECEMBER 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 31 JANUARY 1 2 3 W Th F M 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 31 T W Th F FEBRUARY AUGUST 3 1 T 1 [28] [29] [30] [31] Aug 28: First work day for teachers Sept 3: Labor Day No school for students or staff. Sept 4: First day of school for students XX Elementary conferences—to be determined No school for elementary students only Nov 12: Veterans Day No school for students or staff. Nov 22-23: Thanksgiving holiday No school for students or staff. Dec 19-Jan 1: First Winter Break No school for students or staff. Jan 21: Martin Luther King Jr. Day No school for students or staff. Feb 18-22: Presidents Day/Second Winter Break No school for students or staff. 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 MARCH 1 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 APRIL 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 2 3 Apr 8‐12: Spring Break No school for students or staff. May 24-27: Memorial Day 4 day weekend** No school for students or staff. June 18: Last day of school for students WEATHER MAKE-UP MAKE UP DAYS These days will become school days if needed to make up days lost to weather or other school closures. Any additional days will be added on after the last June makeup day. First day: Friday, May 24** Second day: Wednesday, June 19 Third day: Thursday, June 20 Fourth day: Friday June 21 Fourth day: Friday, June 21 Fifth day: Monday, June 24 2012-2013 school calendar Elementary conferences TBD [ ] August teacher work days, no school for students 6.18.2010 113 MAY 1 6 7 8 9 10 13 14 15 16 17 20 21 22 23 24 27 28 29 30 31 JUNE 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 Addendum B 2013‐2014 District Calendar for Staff M T W Th F M SEPTEMBER T W Th F M AUGUST T W Th F FEBRUARY 2 [3] 4 5 6 3 4 5 6 7 9 10 11 12 13 10 11 12 13 14 16 17 18 19 20 17 18 19 20 21 23 24 25 26 27 24 25 26 27 28 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 3 4 26 27 [28] [29] [30] 30 OCTOBER 1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 31 NOVEMBER 1 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 DECEMBER 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 30 31 JANUARY 1 2 3 6 7 8 9 10 13 14 15 16 17 20 21 22 23 24 27 28 29 30 31 Aug 28: First work day for teachers Sept 2: Labor Day No school for students or staff. Sept 4: First day of school for students XX Elementary conferences—to be determined No school for elementary students only Nov 11: Veterans Day No school for students or staff. Nov 28-29: Thanksgiving holiday No school for students or staff. Dec 23-Jan 3: First Winter Break No school for students or staff. Jan 20: Martin Luther King Jr. Day No school for students or staff. Feb 17‐21: Presidents Day/Second Winter Break No school for students or staff. Apr 7‐11: Spring Break No school for students or staff. May 23-26: Memorial Day 4 day weekend** No school for students or staff. June 18: Last day of school for students WEATHER MAKE-UP DAYS These days will become school days if needed to make up days lost to weather or other school closures. Any additional days will be added on after the last June makeup day. First day: Friday, May 23 Second day: Thursday, June 19 Third day: Friday, June 20 Fourth day: Monday, June 23 Fifth day: Tuesday, June 24 2013-2014 school calendar Elementary conferences TBD [ ] August/Sept teacher work days, no school for students 6.18.2010 114 MARCH 31 APRIL 1 2 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 1 2 MAY 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 JUNE 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 30 Addendum C Issaquah School District 2010-11 Certificated Salary Schedule Years Step 0 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 * ** 1 BA 379 3,238 34,080 379 3,238 34,080 379 3,238 34,080 379 3,238 34,080 379 3,238 34,080 386 3,297 34,704 398 3,404 35,835 407 3,478 36,606 419 3,584 37,727 432 3,691 38,851 2 BA +15 3 BA +30 379 3,238 34,080 379 3,238 34,080 379 3,238 34,080 379 3,238 34,080 383 3,275 34,474 392 3,351 35,270 404 3,458 36,401 413 3,531 37,164 425 3,637 38,289 438 3,744 39,413 379 3,238 34,080 379 3,238 34,080 380 3,246 34,169 382 3,267 34,390 391 3,344 35,201 400 3,419 35,985 412 3,526 37,120 421 3,598 37,876 433 3,705 38,996 445 3,809 40,091 458 3,913 41,188 4 BA+45 384 3,281 34,538 395 3,379 35,569 403 3,447 36,282 406 3,475 36,582 414 3,536 37,219 424 3,623 38,135 438 3,745 39,420 448 3,828 40,300 462 3,949 41,571 476 4,070 42,842 490 4,188 44,087 504 4,309 45,357 518 4,430 46,628 *5* BA +60 *6* BA +75 7 BA +90 ** 8 ** BA +135 395 3,376 35,539 408 3,489 36,731 418 3,571 37,586 422 3,611 38,013 431 3,685 38,786 439 3,756 39,539 452 3,864 40,671 463 3,961 41,690 479 4,093 43,080 494 4,227 44,499 510 4,359 45,889 529 4,522 47,603 548 4,685 49,316 415 3,546 37,328 428 3,662 38,552 437 3,739 39,359 442 3,776 39,750 450 3,848 40,507 458 3,918 41,240 471 4,026 42,377 482 4,120 43,373 497 4,253 44,764 513 4,387 46,182 529 4,522 47,603 548 4,682 49,287 566 4,842 50,970 438 3,746 39,427 451 3,859 40,620 460 3,934 41,408 464 3,967 41,761 473 4,040 42,528 480 4,108 43,241 493 4,216 44,377 504 4,306 45,326 519 4,441 46,747 535 4,576 48,165 551 4,708 49,557 569 4,868 51,240 588 5,028 52,922 607 5,191 54,641 626 5,351 56,325 645 5,511 58,008 468 4,002 42,126 481 4,115 43,319 490 4,187 44,079 493 4,216 44,379 501 4,284 45,091 512 4,378 46,080 528 4,511 47,480 538 4,601 48,431 554 4,736 49,849 569 4,868 51,240 585 5,003 52,660 601 5,137 54,079 620 5,297 55,762 638 5,458 57,449 657 5,617 59,132 676 5,778 60,818 454 3,882 40,858 454 3,882 40,858 460 3,934 41,408 464 3,967 41,761 473 4,040 42,528 480 4,108 43,241 493 4,216 44,377 504 4,306 45,326 519 4,441 46,747 535 4,576 48,165 551 4,708 49,557 569 4,868 51,240 588 5,028 52,922 607 5,191 54,641 626 5,351 56,325 645 5,511 58,008 Eligibility via BA+60 & BA+75 limited to staff employed prior to 9-1-97 (Must have been completed by 9-1-00) Eligibility via BA+135 limited to staff employed prior to 9-1-92 (Must have been completed by 9-1-00) Example (Step 5/Column 7) 473 Per Diem Contract - Paid Sept.-Aug. (Base Contract/180)x2 4,040 ARC Contract - Paid in November (Base Contract x 9.5%) 42,528 Base Contract - Paid Sept.-Aug. - 180 Days Note: 9 MA Optional Per Diem Days are not reflected in the Salary Schedule 115 10 MA+45 468 4,002 42,126 481 4,115 43,319 490 4,187 44,079 493 4,216 44,379 501 4,284 45,091 512 4,378 46,080 528 4,511 47,480 538 4,601 48,431 554 4,736 49,849 569 4,868 51,240 585 5,003 52,660 601 5,137 54,079 620 5,297 55,762 638 5,458 57,449 657 5,617 59,132 676 5,778 60,818 11 MA +90 498 4,258 44,825 511 4,371 46,015 519 4,441 46,751 522 4,465 47,000 529 4,527 47,654 544 4,647 48,915 562 4,806 50,589 573 4,896 51,536 588 5,031 52,953 603 5,160 54,314 620 5,297 55,762 632 5,407 56,917 651 5,567 58,601 670 5,724 60,257 688 5,885 61,945 707 6,045 63,628 Addendum D 2010-11 Co-Curricular Activities Salary Schedule IEA Positions Aa C E F G H I J K Tiger Mtn. Freshman Yearbook Freshman Chorus/ Yearbook Campus Newspaper HIGH SCHOOL Jazz Band Campus Choral Yearbook Orchestra Play Freshman Freshman Director Campus Campus Orchestra Newspaper Band ASB Freshman Advisor Campus Speech/ Chorus Debate L Band M N O P Q R Musical Director Freshman Campus S P ASB Advisor MIDDLE SCHOOL OL Athlet. Dir Orchestra ASB Advise Chorus Jazz Band Band Yearbook $720 $1,397 $1,974 $2,257 $2,541 $2,833 $3,106 $3,396 $3,687 $3,960 $4,250 $4,526 $4,821 $5,117 $5,392 $5,682 4.3% Increase 116 6/28/2010 Addendum E Co-Curricular Salary Schedule Criteria Represented High School Activities The following salary schedule placement is based upon the factors outlined in each category. These categories result in points that are then totaled to determine schedule placement. The factors in each category are: A. Category V-Hours 1. 2. 3. The number of weeks duration for the assignment from the first day of practice or activity to the last date of scheduled practice or activity, multiplied by The average number of days per week on which practice or activity is scheduled, multiplied by The average number of hours per practice or activity that are beyond the contracted day. The total number of hours is divided by 15. The quotient is the number of points for category V. B. Category W-Non-School Day Activities The number of weekend or non-school days on which practices or activities are scheduled, figured on the basis of three-hour blocks with each block counting as one (1) point, the sum of which is divided by two. The quotient is the number of points for category W. C. Category X-Night Activities The number of nights per year on which practices or activities are scheduled, divided by two. The quotient is the number of points for category X. D. Category Y-Other Duties Advisors and directors spend time each week over and above their direct student supervision time, such as planning meetings with parents and with advisors of similar high school groups. It is assumed that each director and advisor would spend a maximum of two hours per week. This total per week is multiplied by the number of weeks and is divided by 15. E. Category Z-Number of Students The number of participating students is an average of the number of participants in the activity for the previous year. The average number of participating students is divided by 15 to determine the number of points for category Z. 117 Addendum E F. Formula for Column Placement on Co-Curricular Schedule Category V = Category W = Category X = Category Y = Category Z No. of weeks x no. of practices/week x hrs/practice 15 No. of practices on weekend or non-school days x 3 hours 2 No. of night practices/activities 2 No. of meetings outside of work for activity 15 = No. of participants 15 V+W+X+Y+Z = Column Placement Middle School The intent of the co-curricular program at the middle school level is (1) to provide consistency in the cocurricular offerings district-wide and, at the same time, (2) to provide sufficient flexibility to meet the changing interests of middle school students. To fulfill this intent, activity, and club programs are established. In keeping with the middle school need for flexibility, it can be expected that the specific co-curricular positions will change from year to year and that the administration may add new programs, such as orchestra, when they develop. A. Activity Programs The activity positions are distributed so as to maintain the district's activity programs, with the provision that, for unfilled positions, substitutions may be made either in other activity programs or in the club program. B. Club Provisions Each middle school and high school will receive an allocation for a club program. The clubs offered will vary from year to year and will be of variable duration. Club advisors are paid the negotiated hourly pay rate established by the district and the Association, with the number of hours for each club activity approved by the principal. Sport or Activity Placement Points for Salary Schedule Column Placement .0 .7 A .8 - 1.5 B 1.6 - 2.3 C 2.4 - 2.9 D 3.0 - 5.9 E 6.0 - 8.9 F 9.0 - 11.9 G 12.0 - 14.9 H 15.0 - 17.9 I 18.0 - 20.9 J 21.0 - 23.9 K 24.0 - 26.9 L 27.0 - 29.9 M 30.0 - 32.9 N 33.0 - 35.9 O 36.0 - 38.9 P 118 Addendum F Addendum B: Chapter 181-87 WAC PROFESSIONAL CERTIFICATION -- ACTS OF UNPROFESSIONAL CONDUCT WAC SECTIONS 181-87-003 Authority. 181-87-005 Purpose. 181-87-010 Public policy goals of chapter. 181-87-015 Accountability for acts of unprofessional conduct. 181-87-020 Applicability of chapter to private conduct. 181-87-025 Exclusivity of chapter. 181-87-030 Prospective application of chapter and amendments. 181-87-035 Education practitioner -- Definition. 181-87-040 Student – Definition. 181-87-045 Colleague -- Definition. ACTS OF UNPROFESSIONAL CONDUCT 181-87-050 Misrepresentation or falsification in the course of professional practice. 181-87-055 Alcohol or controlled substance abuse. 181-87-060 Disregard or abandonment of generally recognized professional standards. 181-87-065 Abandonment of contract for professional services. 181-87-070 Unauthorized professional practice. 181-87-080 Sexual misconduct with students. 181-87-085 Furnishing alcohol or controlled substance to students. 181-87-090 Improper remunerative conduct. 181-87-093 Failure to assure the transfer of student record information or student records. 181-87-095 Failure to file a complaint. DISPOSITIONS OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER 181-87-001 Sunset provision. [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-001, filed 1/2/90, effective 2/2/90.] Repealed by 93-20-068, filed 10/1/93, effective 11/1/93. Statutory Authority: RCW 28A.410.010. WAC 181-87-003 Authority. The authority for this chapter is RCW 28A.70.005 which authorizes the state board of education to establish, publish, and enforce rules and regulations determining eligibility for and certification of personnel employed in the common schools of this state. This authority is supplemented by RCW 28A.70.160 which authorizes the revocation of certificates for unprofessional conduct. (Note: RCW 28A.02.201 (3)(a) requires most private school classroom teachers to hold appropriate Washington state certification with few exceptions.) [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-003, filed 1/2/90, effective 2/2/90.] WAC 181-87-005 Purpose. The sole purpose of this chapter is to set forth policies and procedures related to reprimand, suspension, and revocation actions respecting certification of education practitioners in the state of Washington for acts of unprofessional conduct. It is recognized that grounds for the discharge, nonrenewal of contracts, or other adverse change in contract status affecting the employment contracts of education practitioners are broader than stated herein. The grounds set forth as unprofessional conduct in this chapter shall not limit discharge, nonrenewal of contracts, or other employment action by employers of education practitioners. 119 Addendum F [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-005, filed 1/2/90, effective 2/2/90.] WAC 181-87-010 Public policy goals of chapter. The public policy goals of this chapter are as follows: (1) To protect the health, safety, and general welfare of students within the state of Washington. (2) To assure the citizens of the state of Washington that education practitioners are accountable for acts of unprofessional conduct. (3) To define and provide notice to education practitioners within the state of Washington of the acts of unprofessional conduct for which they are accountable pursuant to the provisions of chapter 181-86 WAC. [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-010, filed 1/2/90, effective 2/2/90.] WAC 181-87-015 Accountability for acts of unprofessional conduct. Any educational practitioner who commits an act of unprofessional conduct proscribed within this chapter may be held accountable for such conduct pursuant to the provisions of chapter 181-86 WAC. [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-015, filed 1/2/90, effective 2/2/90.] WAC 181-87-020 Applicability of chapter to private conduct. As a general rule, the provisions of this chapter shall not be applicable to the private conduct of an education practitioner except where the education practitioner's role as a private person is not clearly distinguishable from the role as an education practitioner and the fulfillment of professional obligations. [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-020, filed 1/2/90, effective 2/2/90.] WAC 181-87-025 Exclusivity of chapter. No act, for the purpose of this chapter, shall be defined as an act of unprofessional conduct unless it is included in this chapter. [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-025, filed 1/2/90, effective 2/2/90.] WAC 181-87-030 Prospective application of chapter and amendments. The provisions of this chapter shall take effect ninety calendar days after adoption and shall apply prospectively to acts of unprofessional conduct committed after such effective date. Unless provided to the contrary, any revision shall take effect six months after adoption and shall apply prospectively from such effective date. [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-030, filed 1/2/90, effective 2/2/90.] WAC 181-87-035 Education practitioner -- Definition. As used in this chapter, the term "education practitioner" means any certificate holder licensed under rules of the state board of education to serve as a certificated employee. [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-035, filed 1/2/90, effective 2/2/90.] WAC 181-87-040 Student -- Definition. As used in this chapter, the term "student" means the following: (1) Any student who is under the supervision, direction, or control of the education practitioner. (2) Any student enrolled in any school or school district served by the education practitioner. (3) Any student enrolled in any school or school district while attending a school related activity at which the education practitioner is performing professional duties. (4) Any former student who is under eighteen years of age and who has been under the supervision, direction, or control of the education practitioner. Former student, for the purpose of this section, includes but is not limited to drop outs, graduates, and students who transfer to other districts or schools. 120 Addendum F [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-040, filed 1/2/90, effective 2/2/90.] WAC 181-87-045 Colleague -- Definition. As used in this chapter, the term "colleague" means any person with whom the education practitioner has established a professional relationship and includes fellow workers and employees regardless of their status as education practitioners. [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-045, filed 1/2/90, effective 2/2/90.] ACTS OF UNPROFESSIONAL CONDUCT WAC 181-87-050 Misrepresentation or falsification in the course of professional practice. Any falsification or deliberate misrepresentation, including omission, of a material fact by an education practitioner concerning any of the following is an act of unprofessional conduct: (1) Statement of professional qualifications. (2) Application or recommendation for professional employment, promotion, certification, or an endorsement. (3) Application or recommendation for college or university admission, scholarship, grant, academic award, or similar benefit. (4) Representation of completion of inservice or continuing education credit hours. (5) Evaluations or grading of students and/or personnel. (6) Financial or program compliance reports submitted to state, federal, or other governmental agencies. (7) Information submitted in the course of an official inquiry by the superintendent of public instruction related to the following: (a) Good moral character or personal fitness. (b) Acts of unprofessional conduct. (8) Information submitted in the course of an investigation by a law enforcement agency or by child protective services regarding school related criminal activity. [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-050, filed 1/2/90, effective 2/2/90.] WAC 181-87-055 Alcohol or controlled substance abuse. Unprofessional conduct includes: (1) Being under the influence of alcohol or of a controlled substance, as defined in chapter 69.50 RCW, on school premises or at a school-sponsored activity involving students, following: (a) Notification to the education practitioner by his or her employer of concern regarding alcohol or substance abuse affecting job performance; (b) A recommendation by the employer that the education practitioner seek counseling or other appropriate and available assistance; and (c) The education practitioner has had a reasonable opportunity to obtain such assistance. (2) The possession, use, or consumption on school premises or at a school sponsored activity of a Schedule 1 controlled substance, as defined by the state board of pharmacy, or a Schedule 2 controlled substance, as defined by the state board of pharmacy, without a prescription authorizing such use. (3) The consumption of an alcoholic beverage on school premises or at a school sponsored activity involving students if such consumption is contrary to written policy of the school district or school building. [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-055, filed 1/2/90, effective 2/2/90.] 121 Addendum F WAC 181-87-060 Disregard or abandonment of generally recognized professional standards. Any performance of professional practice in flagrant disregard or clear abandonment of generally recognized professional standards in the course of any of the following professional practices is an act of unprofessional conduct: (1) Assessment, treatment, instruction, or supervision of students. (2) Employment or evaluation of personnel. (3) Management of moneys or property. [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-060, filed 1/2/90, effective 2/2/90.] WAC 181-87-065 Abandonment of contract for professional services. Any permanent abandonment, constituting a substantial violation without good cause, of one of the following written contracts to perform professional services for a private school or a school or an educational service district is an act of unprofessional conduct: (1) An employment contract, excluding any extracurricular or other specific activity within such contract or any supplementary contract. (2) Professional service contract. [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-065, filed 1/2/90, effective 2/2/90.] WAC 181-87-070 Unauthorized professional practice. Any act performed without good cause that materially contributes to one of the following unauthorized professional practices is an act of unprofessional practice. (1) The intentional employment of a person to serve as an employee in a position for which certification is required by rules of the state board of education when such person does not possess, at the time of commencement of such responsibility, a valid certificate to hold the position for which such person is employed. (2) The assignment or delegation in a school setting of any responsibility within the scope of the authorized practice of nursing, physical therapy, or occupational therapy to a person not licensed to practice such profession unless such assignment or delegation is otherwise authorized by law, including the rules of the appropriate licensing board. (3) The practice of education by a certificate holder during any period in which such certificate has been suspended. (4) The failure of a certificate holder to abide by the conditions within an agreement, executed pursuant to WAC 181-86-160, to not continue or to accept education employment. (5) The failure of a certificate holder to comply with any condition, limitation, or other order or decision entered pursuant to chapter 181-86 WAC. (6) Provided, That for the purpose of this section, good cause includes, but is not limited to, exigent circumstances where immediate action is necessary to protect the health, safety, or general welfare of a student, colleague, or other affected person. [Statutory Authority: RCW 28A.410.010. 97-21-075, § 181-87-070, filed 10/17/97, effective 11/17/97. Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-070, filed 1/2/90, effective 2/2/90.] WAC 181-87-080 Sexual misconduct with students. Unprofessional conduct includes the commission by an education practitioner of any sexually exploitive act with or to a student including, but 122 Addendum F not limited to, the following: (1) Any sexual advance, verbal or physical; (2) Sexual intercourse as defined in RCW 9A.44.010; (3) Indecent exposure as defined in RCW 9A.88.010; (4) Sexual contact, i.e., the intentional touching of the sexual or other intimate parts of a student except to the extent necessary and appropriate to attend to the hygienic or health needs of the student; (5) Provided, That the provisions of this section shall not apply if at the time of the sexual conduct the participants are married to each other. [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-080, filed 1/2/90, effective 2/2/90.] WAC 181-87-085 Furnishing alcohol or controlled substance to students. Unprofessional conduct includes the illegal furnishing of alcohol or a controlled substance, as defined in chapter 69.50 RCW, to any student by an education practitioner. [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-085, filed 1/2/90, effective 2/2/90.] WAC 181-87-090 Improper remunerative conduct. Any deliberate act in the course of professional practice which requires or pressures students to purchase equipment, supplies, or services from the education practitioner in a private remunerative capacity is an act of unprofessional conduct. [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-090, filed 1/2/90, effective 2/2/90.] WAC 181-87-093 Failure to assure the transfer of student record information or student records. The failure of a principal or other certificated chief administrator of a public school building to make a good faith effort to assure compliance with RCW 28A.225.330 by establishing, distributing, and monitoring compliance with written procedures that are reasonably designed to implement the statute shall constitute an act of unprofessional conduct. [Statutory Authority: RCW 28A.410.010, 28A.225.330(3) and 1995 c 311. 96-08-012, § 181-87-093, filed 3/25/96, effective 4/25/96.] WAC 181-87-095 Failure to file a complaint. The intentional or knowing failure of an educational service district superintendent, a district superintendent, or a chief administrator of a private school to file a complaint pursuant to WAC 181-86-110 regarding the lack of good moral character or personal fitness of an education practitioner or the commission of an act of unprofessional conduct by an education practitioner is an act of unprofessional conduct. [Statutory Authority: RCW 28A.70.005. 90-02-075, § 181-87-095, filed 1/2/90, effective 2/2/90.] 123 INDEX ~A~ Academic freedom Acceptable Uses of Technology Additional Responsibility Compensation (ARC) Administrator transfer into bargaining unit Adoption leave Advertising and posting Affirmative action Agency shop Appointing members to committees Arbitration Assessment Committee Association business during work hours Association President and Superintendent meetings Association right to post notices Association use of school facilities and equipment Association visits Attendance incentive Attendance policy Audio taping Auto expenses Auxiliary personnel ~B~ Bereavement leave Black out days Break required Budget -- building -- staff involvement Building Decision Making Process Building Closed due to emergency conditions Building files Building Reassignments Bus Duty -- Elementary ~C~ Calendar Calendar … leave when students leave Caseload -- OT/PT Caseload – Psychologist Caseload – SLP Challenged materials Charitable organization deductions -religious objection Child care leave 2 15-16 43-44 37 54 36 79 88-89 90 73 70 90 85 90 90 90 52 69 3 46 79 57 56 9 90 86 10 4-5 5-26 7 100 7 66 66 66 97 89 58 124 Children of staff/enrollment in ISD Class size -- Integrated classrooms Class size / Class load Classroom visitations by principal Classroom visitors Closed buildings -- emergency conditions Closing schools Co-Curricular pay Co-Curricular program joint commission Co-curricular salary calculations for represented activities Collaborative problem solving Committees -- Appointing members to Committees -- Compensation for work Communication Communication – Harassment Communications – Staff Communications regarding available positions -- District responsibilities Communications regarding available positions -- Employee responsibilities Compensation – Salary Compensation -- Salary -- Excess fund balance provision Compensation -- Salary -- Optional professional days Compensation for additional duties Compensation for additional duties – part-time staff Compensation for committee work Complaint policy Complaints – Parent Computer policies Conference time – Elementary Conferences - Parent Contract changes -- effective dates for Contract Waivers (see Shared Leadership) Contracting out Contracts -- non-continuing Contracts – provisional Controversial issues -- selection for study Coordination (504 Plan) Core team Counselors – extended days 83 61-62 61 3 2-3 10 34 46 49 116 87 90 50 14 14 3 27 27 40 40 40 48 48-49 50 3 3 15-17 64-65 9 100 86 87 24 24 2 46 34 50 Counselors – Staffing Court appearances Covering classes Creation of Curriculum Credits and clock hours Curriculum development -- District committees Curriculum development -- Workshops for other districts / professional organizations Custodial assistance for transfers ~D~ Dangerous students Dept. Heads/Team Leaders Direct deposit banking Disciplinary action Discipline – Student Discrimination Disruptive students -- Removal from classroom Disseminating Curriculum Distribution of Agreement District adoptions, K-12 -- Instructional materials selection District Changes to Instructional Software/Hardware District initiated transfers -- Custodial assistance District initiated transfers -- opening new school District initiated transfers -- Release time / Per diem pay District initiated transfers -- School closure District policies and the Agreement District summer school Domestic Partner Donated leave -- Leave sharing Due process Due process -- Instruction for certificated employees Dues and Representation fee Duration of agreement Duties and Responsibilities of Teachers ~E~ EA allocations -- Overload Early release/late start Wednesdays Echo Glen summer school Echo Glen summer school evaluation Education Employment Relations Act Educational Employment Relations Act and PERC Effective dates for changes Elementary class schedule development pay Elementary club / activity / leadership funds Elementary parent conference time Elementary Specialists scheduling classes ELL (English Language Learner) materials Emergency Conditions Emergency removal from classroom Employee facilities Employee initiated transfers English Language Learner (ELL) materials Enrollment of certificated staff children Evaluation Evaluation -- Formative Strand 69 57 46 14 47-48 50 50 34 5 83 46 1-2 5 1 5-6 Evaluation -- Miscellaneous provisions Evaluation -- Responsibility for Evaluation -- Summative Strand Evaluation – Year End Assessment Evaluation calendar Evaluation committee Evaluation criteria and requirements Evaluation of classified staff Evaluation Group (EG) IEP Meetings Excessing Exchange teaching program Exchange time Exclusive recognition rights Expanding FTE Expulsion -- Student Extended contracts Extended contracts -- Curriculum projects and workshops Extended contracts -- Psychologists ~F~ Facilities -- Access Facilities and equipment Family medical leave Flex-time leave for religious purposes Formative Strand -- Removal from Formative Strand evaluation ~ G, H ~ Grade reports K-5 Grade reports 6-12 Grievance Grievance -- Time limits Guidance team Health care plans for students 14 85 91-99 15 34 34 33-34 34 85 37 52 55 1 5 88-89 100 11-12 62-63 7-8 37 22 1 85 125 100 49 49-50 64-65 49 69 10 5-6 10 25-31 69 83 18 21 24 18-19 19-20 21 22 22 19 13 9 32-33 82-83 8 84 27 5 46 50 50 10-11 10 59-60 57-58 21 19-20 64-65 67 72-74 72 10 68 Health room EA hours Health Services ~I~ Illness, injury, and emergency leave Illness, injury, and emergency leave for substitutes IMSC (Instructional Materials Selection Committee) Inclement Weather and Emergencies Individual Rights In-Service opportunities for substitutes Instruction Instructional Leadership decision making process Instructional Leadership Team Instructional technology Instructional use of technology Insurance benefits Insurance benefits -- Contributions to insurance pool Insurance benefits -- Elective participation Insurance benefits -- mandatory participation Insurance benefits -- Medical Insurance deductions Insurance benefits -- New plans Insurance benefits -- Open enrollment period Insurance benefits -- Optional plans Insurance benefits -- Required deductions Insurance coverage during leave Integrated classrooms -- class size Interview team Interviewing and selection techniques -Instruction Intra-district mail ~ J, K ~ Job share Kindergarten conferences ~L~ Lay-off -- Probable cause notification Lay-Off and recall Learning Improvement Days (LID) Leave Leave -- Adoption Leave -- Bereavement Leave -- Child care Leave -- Court appearances Leave -- Deadline for notification of intent to return or resign Leave -- Deadline for notification of intent to take leave Leave -- Family Medical Leave -- Flex-time for religious purposes Leave -- Illness, injury, and emergency Leave -- Insurance coverage Leave -- Military Leave -- Parental Leave -- Personal Leave -- Placement upon return Leave -- Pregnancy Leave early before breaks or leave when students leave Leave -- Reinstatement at return Leave for Association President Leave for the year Leave of absence as extension of Illness, injury, or emergency leave Leave sharing Leave with pay minus substitute costs Leave without pay Legal rights 68 67-68 53 81 91-99 10 1 80 61-71 8 8 13-17 14 51 51 51 51 Liability Librarians – extended days Library resource materials -- selecting Library services -- staffing Longevity Stipend – 30 years plus ~M~ Management rights Master's Award Stipend Master's Tuition Stipend MDSD (formerly known as LIC time) EG and IEP case manager responsibilities Membership automatic payroll deduction Membership dues and representation fee Mentor / Partner teachers Middle School Program Military leave Morning break Memoranda of Understanding 52 52 51 52 52 60 61-62 40 40 90 36-37 64-65 77 75-78 42 53-60 54 57 57 57 60 MOU Compensation Plan MOU Continuing Certification MOU ESA Caseload and Impact of Related Services MOU Grade Reporting MOU Retiree Health Reimbursement Plan - VEBA MOU Safe Learning Environment MOU Supporting Students with High Needs 60 126 59-60 57-58 53 60 57 54 55-57 60 54 7 54 89 60 60 54-55 58 60 1 1 50 96-97 69 45 84 48 48 7 9 88 88 70-71 10 57 9 102109 102 103 104 105 106 108 109 Posting notices Pregnancy leave Prep time Prep time -- Middle School Principal's general visitations Probation Probationary period -- Action by the Superintendent Probationary period -- Establishment of Probationary period -- Evaluation during Proctoring tests Professional development pay -- Per diem rate Professional Development pay -Professional rate Professional Development – Time for Professional Growth and Incentive Fund (PGIF) Professional meetings Professional Non-Education Experience Professional rate of pay Program Assistant Program Specialists Progressive discipline Provisional contracts Psychologist -- Caseload Public Employees Relations Commission (PERC) ~R~ Reasonable force Reassignment within a Building or Program Recall Related services caseloads Related services – Team Leader Removal from classroom -- Disruptive students Removal from classroom -- Emergency Report Card Writing K-5 Reporting release time for grades 6-12 Representation fee deduction Reprimands -- Written Retention Stipend Request for transfer Responsibility for evaluating EA's Retire / Rehire Retraining program Retreat pay Return rights -- TOSA (Teacher on Special Assignment) ~N~ New employees New represented positions established New school -- staffing New teacher induction Newsletters Night performance pay -- Elementary music teachers Non-continuing contracts Non-renewal -- Appeal by employee Not to exceed 2.5 continuous hours Notifying the Association of new employees Nurses – adjusted calendar Nurses – contract Nursing services ~O~ Observations -- principals Occupational Therapist / Physical Therapist -- Caseload Opening Agreement to negotiations Opening new schools Orientation of staff OT / PT -- Caseload OT / PT professional licenses Overload triggers -- EA allocations ~ P, Q ~ Parent complaints Parent Conferences outside the contracted day Personal leave Parental Leave (non-birth parent) Parking Participation of President in orientation of staff Part-time staff -- Compensation for additional duties Parental Leave Payment for maintaining Web presence Per Diem Days PERC (Public Employees Relations Commission) Personal leave -- Conversion alternatives Personal leave -- Unpaid Personnel files PGIF (Professional Growth and Incentive Fund)\ Placement of employees to be laid off Playground supervision Posting 88 49 34 70-71 14 49 24 24 9 88 68 50 68 18 66 100 34 88 68 46 62-63 3 9 56 54 11 88 48 54 15 43 85 57 57 3-4 44-45 76 7 39 127 90 54 7 10 3 22-23 23-24 23 23 46 45 45 7 44-45 9 46 48 30 30 1-2 24 67 85 6 25-26 77-78 67 67 5-6 5-6 64-65 67 89 4 45 26 13 38 38-39 49 31 Right of due process Right to join and support Association -Legal protection Right to representation ~S~ Safe and Healthy Work Environment SAGE teacher substitutes Salary advancement for additional professional training Salary Misplacement Salary placement Salary placement -- Military experience Salary placement -- misplacement on the salary schedule Salary placement -- Teaching experience in American supported schools Salary placement -- Teaching experience in other school districts 1-2 88 Salary placement -- Teaching experience within the District Salary warrants School visitors Secondary club adviser pay Selection of non-administrative certificated personnel -- Selection criteria Selection Process and Timing for …Elementary Grade Level Team Leader …Middle School Team Leader …High School Department Chair Seniority placement SLP (Speech Language Pathologist) -Caseload SLP / OT / PT substitutes Special Education – alternative overload option Special Education – ISD/IEA Steering Committee Special Education mentoring -- New staff Special Education Overload EA Relief Special Education Per Diem Day Special Education Special Projects Fund Special Education Staff Release Time Special Education Steering Committee Special Education Stipend and Staffing System Speech Language Pathologist -- Caseload Spring vacation Staff communication Staff meetings Staffing -- Counselors 47 Staffing -- Library services Staffing of a new school Step 16 + 90 Bonus Student behavior -- Expectation of Student contact time Student discipline Student teachers Substitutes for open positions Substitutes for remainder of year Substitute teachers Substitute teachers – sick leave Substitutes -- In-Service opportunities for Substitutes -- SAGE teachers Substitutes -- SLP / OT /PT Summative Strand evaluation Suspension -- Student ~T~ Taping, Video or audio Target class sizes Teacher meetings Teacher on Special Assignment – Return rights Teacher on Special Assignment -- TOSA Teacher role Teacher Support Teams (TST) Teachers -- Additional duties Teachers -- primary responsibilities of Teaching and Learning In-Service -- Staff survey Teaching and Learning Services Leadership Committee Technology -- e-mail Technology -- Evaluation on use of Technology -- privacy Technology -- security Technology -- software additions Technology proficiency Technology training -- access to training and equipment Technology training -- support Tentative agreement -- Laws and ratification Thanksgiving break Threat of injury Time for Professional Development and Professional Work TOSA (Teacher on Special Assignment) TOSA return rights Traffic Safety Instruction Transfer interviews 2 11 80 47 47 47 47 47 47 47 45 2-3 49 39 41 41 40 75 67 80 63 69-70 17 66 42 67 66 68 65-66 66 7 3 9 69 128 69 34-36 45 5 9 5-6 81 81 81 80 81 80 80 80 19-20 5 3 61 9 30-31 30 11 9-10 12 11-12 69 69 15 14 17 17 17 13 13-14 13 100 7 6 7-8 30-31 31 49 29-30 Transfer interviews -- General criteria Transfer interviews -- Specific criteria Transfer procedure Transfer/Reassignment Mentor Program Transfer to dissimilar positions (e.g., teacher to counselor) Transfers -- Employee initiated Transfers -- Position preparation qualifications Transfers and Assignment -- District initiated Travel expenses Travel time between buildings TST (Teacher Support Teams) Tuition Reimbursement Fund (TRF) ~ U, V ~ Use of school facilities and equipment Video taping Visitations -- Principal Visitors ~ W, X, Y, Z ~ Weapons and other dangerous devices Web Presence expectations for Certificate staff Web Presence Winter break -- First Winter break -- Second Work area for support staff Work day defined Year End Assessment 29-30 29 28-29 30 26, 28 25-31 32 31-34 46 7 9-10 43 89 3 3 2-3 6 14-15 14-15 7 7 11 7 22 129