ARTICLE 5.00 - EMPLOYEE RIGHTS AND RESPONSIBILITIES
SECTION 5.01: INDIVIDUAL CONTRACTS
SECTION 5.02: RELEASE FROM CONTRACT
SECTION 5.03: CERTIFICATION
SECTION 5.04: ACADEMIC FREEDOM
SECTION 5.05: EMPLOYEE PROTECTION
SECTION 5.06: DUE PROCESS
SECTION 5.07: PROFESSIONAL GROWTH
SECTION 5.08: STUDENT DISCIPLINE
SECTION 5.09: CERTIFICATION AND HIRING
SECTION 5.10: JOB-SHARING
SECTION 5.01: INDIVIDUAL CONTRACTS
Issuance of official contracts shall be subject to the final approval by the District Board of Directors. All contracts shall be made out in triplicate. Upon receipt, the employee shall sign and return all copies to the Superintendent's office within ten (10) days. The original contract, properly signed by the Secretary of the Board shall be returned to the employee.
The employee must be the holder of valid certification from OSPI and an appropriate health certificate, if required.
Employees shall be presumed to be re-employed under the regular terms of the salary schedule unless notified of nonrenewal in writing by May 15.
SECTION 5.02: RELEASE FROM CONTRACT
An employee under contract shall be released from the obligation of the contract upon request under the following conditions:
1. A letter of resignation must be submitted to the Superintendent’s Office.
2. A release from the contract, prior to July 1, shall be granted provided a letter of resignation is submitted prior to that date.
3. A release from the contract shall be granted after July 1 provided a qualified replacement can be obtained.
4. During the work year, a release from contract will be considered upon the Employee’s request in case of personal situations, e.g., serious illness, moving out of the geographic area, opportunities for professional advancement and emergency circumstances.
5. A release from contract requires Board approval.
It is the sole responsibility of the employee to make certain that he or she maintains appropriate certification. Each employee should check carefully the expiration date of his or her certificate.
Application for renewal of professional certificates may be made in the District Office.
SECTION 5.04: ACADEMIC FREEDOM
Academic freedom is the right of a qualified employee to encourage freedom of discussion of controversial questions in the school setting and to develop in students a love of knowledge and a desire to research all points of view of a problem.
Academic freedom will be guaranteed to the employees covered by this Agreement so long as exercised within the following limitations:
A. The Association and the District recognize that the application of the principle of academic freedom at the common school level involves considerations which are not equally present in the college or university.
B. The employees must take into account the maturity of their students and the need for guidance and help in studying the issues and arriving at balanced views.
C. Employees must be free to think and express ideas in the school setting. Such freedom must be unrestricted, except as it conflicts with the basic responsibilities to utilize current District authorized courses of study.
D. Academic freedom will be guaranteed to employees; however, this guarantee cannot supersede the policies, rules and regulations of the District.
E. The employee must act in accordance with accepted courses of study.
The Association shall cooperate with the District in its defense against any and all claims or suits brought by an outside party that arise out of District adherence to the provisions of this Section.
SECTION 5.05: EMPLOYEE PROTECTION
The Board will provide employees insurance to pay for loss or damage to their personal property while engaged in the maintenance of order and discipline and the protection of school personnel and students and the property thereof, when that is deemed necessary by such employees.
In addition, the Board will continue employees as additional named insured on the District's liability and errors and omissions insurance programs. The scope of protection will not exceed the coverage purchased by the District, provided that should such coverage need to be decreased during the term of this Agreement, the District will first notify the Association so the matter can be discussed.
The District will reimburse the employee for replacement of major items of approved personal property damaged beyond repair, destroyed or stolen, during the course of his/her regular employment, provided that such loss is not the result of the employee's failure to take reasonable preventative measures, that any personal property is necessary for the carrying out of the District's educational objectives, that the Principal has approved in writing the employee's utilization of his/her personal property to this endeavor, and further subject to the District's ability to obtain insurance for the same and to the provisions and limitations of said insurance.
Reimbursements are subject to the following conditions:
A. There must be filed with the District's business officer within twenty (20) days after damage or loss, a notice of loss and a claim for reimbursement, approved by the employee's immediate supervisor.
B. Payment of claims* will be subject to the maximum reimbursement of $500.00 and the deductible of $100.00 per claim to be paid by the employee.
*Depreciation factors will be taken into consideration by the insurance company in settling any claims.
Whenever an employee is absent and unable to perform his/her duties as a result of personal injury sustained in the course of employment, the employee will be paid his/her full salary for the period of absence, less the amount of any workmen's compensation award made for the disability due to said injury; provided that the difference between the amount of the employee's salary and any workmen's compensation award, if any, shall be charged to accrued sick leave.
An employee shall have the option, in lieu of the above, to utilize his/her accrued sick leave before receiving time-loss payments from industrial insurance.
A. No employee will be disciplined (defined as a written warning, written reprimand, suspension, or discharge) without just cause. The grounds forming the basis for the discipline will be shared with the employee. Any employee may request that a copy of any disciplinary action be sent to the Association.
B. A policy of progressive discipline (warning, reprimand, suspension, and discharge) will normally be followed; provided, however, the District may bypass a level(s) of discipline when a more severe level of discipline is reasonably related to the seriousness of an employee’s offense
C. An employee shall be entitled upon request to have Association representation during any disciplinary proceeding. An employee shall have the right to have Association representation present during investigatory interviews that could reasonably lead to discipline. Said Association representation shall be limited to two (2) except that with prior notification to the District the Association may add an additional representative.
D. Complaints against an employee not called to his/her attention within twenty-one (21) business days cannot be used as a basis for, or as evidence in any disciplinary action.
E. No disciplinary action more than five (5) years old shall be applied toward future disciplinary actions unless a similar offense was committed during the five (5) year period of time. If the same offense was not committed in said five (5) year period, any documents in the employee's personnel file related to the original disciplinary action shall be expunged and destroyed.
SECTION 5.07: PROFESSIONAL GROWTH
The District may encourage cooperative arrangements with institutions of higher education for the purpose of inservice programs, pilot projects, and limited experimental programs. The District will consider the views of all interested professional sources including the recommendations of SEA for inservice or staff development programs or activities.
The Association and District have a common interest in providing both incentives and support for those employees endeavoring to improve their professional skills and knowledge. The parties have, therefore, agreed as follows:
A. Professional Development Incentive
The District shall provide up to $400 for each employee to use for any of the purposes outlined below and in accordance with the provisions herein. In the event the legislature reduces funding for I-728 for the 2007-2008, 2008-2009, and/or 2009-2010 school year, $200 of the $400 provided for each employee shall be reduced by the same percentage as the I-728 reduction in revenue for said school years is to the District's budgeted Student Achievement revenue for the prior school year(s).
1. Uses
Employees may use up to the $400 for any of the following:
a. Costs to attend a workshop, conference, or clinic;
b. Costs to visit another classroom, school, or school district;
c. Reimbursement for tuition or fees connected with classes, workshops, or clinics;
d. Costs involved with any Professional Growth Program stemming from implementation of Section 9.04;
e. Costs involved with any peer coaching arrangement involving the employee;
f. Costs to implement an inservice activity;
g. Cost of the PRAXIS fee;
h. Cost of required professional license for nurses, PT, OT, and SLP employees;
i. Up to $100 of the $400 for costs to purchase classroom supplies, materials, and equipment; or
j. Other uses reasonably related to the parties' intent to provide support and incentive for professional development.
2. Verification and Reimbursement
It is understood that each employee is entitled to the above professional development incentive so long as consistent with the stated purpose. However, it is necessary for accounting and scheduling purposes to have a verification and reimbursement process.
a. Verification
To be eligible for the incentive money, an employee, prior to incurring the expense, must submit, on a form to be provided by the District, a request to the building principal. The Principal will verify encumbrances so as to coordinate proposed activities with other school functions. For costs incurred any time between September 1 and August 31, an employee must have submitted such a verification form no later than August 31.
b. Payment
It is understood that each employee is entitled to the above professional development incentive so long as consistent with the stated purpose. Except for substitute time, the method of payment will be on a reimbursement basis or by purchase order per the provisions below:
(1) Reimbursement: For costs incurred any time between September 1 and August 31, an employee must have submitted a reimbursement form no later than August 31. Employees should hold their receipts until the $400 has been reached or they have completed their reimbursable activities for the year. At that time, a reimbursement form should be completed and given to accounting. The District will then, as soon as reasonably possible, reimburse the employee for any eligible costs.
(2) Purchase Order: A single expenditure for a conference, workshop, or class fee of $150 (amount to be subtracted from the $400) and over may also be done through use of the District's purchase order process.
3. Pooling of Individual Allotments
Individuals are free, but cannot be required, to pool their separate $400 allotments in order to defray professional development costs of a joint nature. This provision is not intended to allow individual employees to donate their professional development incentive amounts to another employee(s) for the purpose of defraying tuition costs for classes or workshops.
4. Not to Supplant Other Resources
This professional development incentive is not intended to supplant or replace other District resources that may be available for professional development activities. It instead is a guaranteed entitlement to insure a minimum level of support for everyone. Individuals should be free to request or apply for other professional development support. The $400 allocation may be combined with other sources of funds for any given activity, provided, however, approval for such additional funds shall continue to be at the sole discretion of the District, and will often hinge on whether financial resources are available or can be obtained.
5. Part Time Employees
Employees who work part time for the District shall be eligible for a pro-rated share of the $400 based on their individual annualized FTE status.
B. Tuition Reimbursement for Master's Degree or Professional Certification
To assist employees paying tuition costs for a recognized Master's Degree or for Professional Certification, the District will each school year establish a "pool" of dollars. Such "pool" of dollars will be the sum of:
1. The unexpended Professional Development Incentive funds from 2004-05 and from the prior fiscal year thereafter and
2. $25,000 paid by the District each year beginning 2005-06 to augment the "pool". Said augment will not be required in the event the Modification of Salary Schedule is not ratified by the parties per the Memorandum of Agreement addressing the Modification of the Certificated Salary Schedule.
No later than October 1, 2005, and each October 1 thereafter, eligible employees must submit to the District a reimbursement form (Appendix J for Fall 2006-Summer 2007) to access "pool" dollars to help pay the cost of tuition from the prior fiscal year [September 1 through August 31].
An eligible employee is one who is enrolled in a recognized Master’s Degree program or professional certification program.
Reimbursement of tuition costs will be calculated by dividing the total number of credits submitted by eligible employees and verified by tuition receipts into the total dollars in the "pool". Eligible employees will then be reimbursed on the basis of the calculated value of the number of verified credits.
Semester credits will be converted to quarter credits.
C. Other Professional Development Services
Employees should also be aware of additional professional development services or programs being implemented in the District. These include, but are not necessarily limited to the following:
1. Teacher Assistance Program
To the extent funded by the State, the District shall implement a teacher assistance program consistent with RCW 28A.415.250. This program is intended to provide assistance by mentor teachers who will provide a source of continuing and sustained support to beginning teachers, or experienced teachers, or both, both in and outside the classroom.
2. Use of Early Release Days
The early release days (Section 8.02 B) can in part be used for professional development activities so long as consistent with the guidelines described by the above referenced sections of this Agreement.
3. School Initiated Professional Development Activities
The parties hereto encourage other employee-initiated professional development activities. Such initiatives are appropriate considerations at many different levels and settings, including total school staffs, departments, grade levels, program areas, restructuring discussions, and any shared decision making process.
SECTION 5.08: STUDENT DISCIPLINE
A. The parties recognize that student discipline is a joint responsibility of certificated employees and the District. All parties acknowledge that these provisions are subject to the due process requirements of state and federal law regarding disciplinary actions affecting students.
B. Certificated employees will exercise professional judgment in the area of student discipline. The District shall support employees in their use of prudent, legal and reasonable discipline measures to maintain order and discipline and to protect the safety and well being of students and employees.
C. To assist certificated employees in the exercise of their student disciplinary efforts, the District, within the context of applicable law, District policy and building procedures regarding student discipline, shall:
1. Insure that the building administrator and employees in a school building shall confer at least annually in order to review written building and District disciplinary standards and to discuss uniform enforcement of those standards. This meeting may also be used to update all employees regarding applicable federal, state and local laws and District rules, regulations and procedures pertaining to student rights and processing of student discipline.
2. Recognize and support an employee’s use of such reasonable physical restraint as is necessary to protect himself/herself, a fellow employee or administrator, or a student from attack, physical abuse or injury, or to protect personal or District property from damage or theft.
3. Recognize the right of employees to expect acceptable behavior from all students and specifically to recognize the right of a teacher to take disciplinary action to correct a student who disrupts normal classroom activities, abuses or insults a teacher as prohibited by law, willfully disobeys a teacher, uses abusive or foul language directed at a District employee, school volunteer, or another student, violates school rules, or who interferes with an orderly education process.
4. Recognize and support an employee’s right to temporarily exclude a student who creates a disruption of the educational process in violation of the building disciplinary standards while under the teacher’s immediate supervision from his/her classroom and instructional activity area for all or any portion of the balance of the school day, or up to the following two (2) days, or until the Principal or designee and teacher have conferred, whichever occurs first. Prior to excluding a student, except in emergency circumstances, the employee shall have attempted one (1) or more alternative forms of corrective action.
5. Recognize an employee’s right to recommend to the building administrator suspension or expulsion of a student. The administration shall provide an explanation to the employee regarding their disposition of the discipline.
6. Respond within a reasonable period of time to all employee requests regarding student discipline problems.
SECTION 5.09: CERTIFICATION AND HIRING
A. The District shall employ only individuals who have earned a valid certificate for positions that require such certificates in accordance with state law and Washington Administrative Code regulations in effect on the effective date of this Agreement.
B. The District shall offer co-curricular positions only to bargaining unit members.
C. Co-curricular positions are voluntary. If no current employee accepts a co-curricular position, the District may offer said position to an outside certificated applicant.
A. Definition/General
Job-sharing shall be defined to describe the situation whereby two (2) employees voluntarily agree in writing to share one (1) position that would normally be filled by one (1) employee.
Job-sharing shall be available to employees who have continuing contracts with the District and who have indicated in writing to the Executive Director in charge of Human Resources by April 1 of their desire to job share for the ensuing school year.
Responsibilities of an assignment by two (2) job-sharers shall be divided and/or allocated according to a plan designed by the job-sharers with the approval of their immediate supervisor.
The proposed teaching combination must have the approval of the building Principal.
All planning must be coordinated and approved by the Principal.
Job sharers not available for meetings shall be responsible for the content thereof.
B. Wages, Hours and Working Conditions
1. Salary
Job-sharing certificated employees shall be paid the regular employee contract rate as specified by Article 7.00, Sections 7.01 and 7.02 based on a prorated percentage equal to the percentage their FTE relates to a full-time FTE.
2. Insurance
The two (2) employees sharing one (1) full-time position shall share one (1) benefit package subject to the provisions of the Collective Bargaining Agreement (Section 7.05).
3. Leaves
Certificated employees holding job-sharing assignments shall be granted the specified number of leave days available for full-time employees in accordance with Article 6.00 prorated by the percentage their FTE relates to a full-time FTE.
Nothing herein is intended to deny a job-sharing employee from applying for and receiving other types of leaves specified in Article 6.00 as well.
4. Contract Rights
Job-sharing certificated employees have continuing contract rights in accordance with current statutes. Such rights pertain to their current part-time contract, however, and said employees should therefore understand that they have no continuing contract right to a full-time position unless said employee is also on a leave of absence for the balance of their FTE status.
5. Miscellaneous
In the event a continuing contract replacement is required for a job-sharer, the District shall consider the other certificated employee sharing that particular job first choice as the replacement.
In the event a job-sharer is on a leave of absence the job-sharing partner shall have first choice to serve in a leave replacement capacity for the former and will be compensated for such leave replacement time consistent with Section 7.01, Salaries, E, 5.
The individuals recognize that the position is granted for one (1) year at a time. The part-time individual on leave agrees to return to their pre-job sharing FTE status when program needs require such action.