ARTICLE 8.00 - MISCELLANEOUS PROVISIONS

SECTION 8.01: WORK YEAR

A. Basic Education Work Year

1. Length

The regular basic education work year for employees shall be one hundred eighty two (182) days.

2. Student Learning Improvement Days (LIDs)

Two (2) of the 182 basic education work year days shall be known as student learning improvement days and shall be implemented consistent with WAC 392-140 and with the following:

(a) The days shall be worked in accordance with the calendars shown by Appendices J, 1 through 3.

(b) The use for these days shall be consistent with WAC 392-140-957 which includes the following:

“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.”

(c) One (1) day will be District designed. One (1) day will be building designed in concert with the WAC. All activities shall be in support of District and school plans for improving student learning and K-12 articulation.

The parties agree that continuation of the Learning Improvement Days is dependent upon legislative action and funding beyond the 2002-03 school year. In any event, no employee shall rely upon or expect the continuance of the Learning Improvement Days and compensation associated with the days beyond August 31, 2003.

B. Required Additional Days

In addition to the regular work year, employees shall work three (3) required days for which compensation shall be paid in accordance with Section 7.01 E.5. (B) herein. (See Staff Calendar, Appendices J, 1 through 3.)

Employees hired after September 1 of the school year and who thereby missed any of the required contract days specified by the above paragraph shall be given the opportunity to work alternative day(s) before the close of the school year. For verification purposes, the employee will be asked to designate the specific dates for the alternative day(s) intended to be worked.

C. Additional Days

Employees who work days beyond those described above shall be paid their individual per diem contract rate for each additional day (also, see Section 7.01C 5 (A)).

D. Calendar

The calendar for 2007-08 are attached as Appendix G.

The parties agree to use the collaborative bargaining process described by Article 14.00 to resolve calendars for 2008-2009 and 2009-2010. Good faith efforts will be made to resolve said calendars by April 1 of each year. If no agreement is reached by April 1, the calendar will be recognized as a fully bargainable issue. During the collaborative bargaining process, there will be efforts made to seek opinions of all employee groups, provided if the matter becomes a fully bargainable issue, it will be up to the District to coordinate the various interests regarding the school year calendar.

E. Work Day Before Thanksgiving and Winter Break

The employee work day will be reduced the day before Thanksgiving and the day before Winter Break to provide early release for students and staff.

F. Student Waiver Days

The District has received State Board of Education approval for waiver days for 2007-08. Waiver days after 2007-08 will be contingent on State Board approval and the District decision to submit a request for waiver days. Student waiver days will be for on-site activities including but not limited to developing/updating student learning improvement plans; staff development for vertical curriculum alignment and teaming; staff development for training on instructional assessment strategies; and time for research and analysis of test data and best instructional practices. Each waiver day will be scheduled to include District directed time and not less than two (2) hours of individual employee time. Employee time will be determined by the individual employee but must be focused on the learning objectives for that waiver day as described in the district waiver day application. The SSD-SEA Collaboration Team will monitor the use of said waiver days and make a good faith effort to resolve any issues that may develop regarding same.

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SECTION 8.02: WORKDAY

A. Length

The basic education workday for employees shall consist of seven and one-half (7 1/2) hours. Reporting and leaving times shall be determined by the building Principal and reported to the Superintendent.

Employees who are required in the course of their employment to travel between buildings shall be scheduled to provide sufficient time for such travel.

All employees shall have a duty-free lunch period of not less than thirty (30) continuous minutes.

The District may require employees to perform extra duties related to the functioning of the school and/or the educational program which may on occasion, extend the normal workday. Such extensions may include a return to the school building to participate in evening programs and events. The District will make reasonable efforts to limit calling employees back for evening activities.

B. Released Time

1. For IEP/IFSP Preparation and Conferences

(a) Those employees responsible for IEP/IFSP preparation shall be entitled to the following:

(1) Three (3) days released time per year for IEP/IFSP preparation and conferences as agreed between the Principal and the employee shall be provided. Employees who are less than 1.0 FTE shall have their released days pro-rated in accordance with the employee’s FTE. The District may provide additional days of release time for IEP/IFSP preparation and conferences on a case-by-case basis.

(2) One additional day released time per year shall be guaranteed for every three (3) students over the following caseloads or class sizes for a full time equivalent staff member. Employees who are less than 1.0 FTE shall have their released days pro-rated in accordance with the employee’s FTE.

Speech and Language Pathologist: 50
Occupational/Physical Therapist: 35
Resource Room-Elementary: 35
Resource Room, 7-9: 35
Resource Room, 10-12: 35

One additional day released time per year shall be allocated for every two (2) students over the following caseloads or class sizes:

Developmentally Delayed: 12
Preschool: 12
Behaviorally Disabled 12
Birth to Three 18

(3) In lieu of released time days as provided above, an eligible employee may elect to receive compensation equal to $150 or pro-rated amount for a less than a full-time equivalent employee for each released day not taken. The amount provided per this paragraph is in addition to the stipend per paragraph (b), below.

(b) The District shall pay to those employees responsible for IEP/IFSP preparation a stipend in recognition of the additional time and responsibility involved. The stipend shall be $600 for a FTE employee and a pro-rated amount for less than a FTE employee.

2. For Parent Conferences

Release time, through early student dismissal, not to exceed ten (10) days, shall be guaranteed each year for formal parent-teacher conferencing. Full-time kindergarten teachers teaching two (2) sessions shall be guaranteed at least 100% (one hundred percent) more release time for conferencing than other employees.

3. Professional Growth Fridays

a. Each Friday of the school year, students will be dismissed two (2) hours earlier than normal, except during conference weeks and except the day before Winter Break and the last school day of the year when such days fall on a Friday. These Friday early dismissals will be known as Professional Growth Fridays (PGF's). The two (2) hours will be divided equally between District time and individual employee directed time based on one (1) hour blocks of time except as provided in paragraph d below.

b. Both parties agree that the PGF's schedule may need to be altered because of WASL testing requirements and agree to bring changes to the Collaboration Team if required.

c. In the event there is a school year for which there are an odd number of PGF's, the extra PGF two (2) hours will be employee directed time. This PGF will be the last PGF of the year.

d. The building staff at each school shall in agreement with the principal have the option to use the total PGF time (two hours) as either District directed time or individual directed time on a particular Friday. If such an option is selected, then the use for the two (2) hours on the following PGF shall be the other (alternate) use of time.

e. Should the elementary specialist and the principal agree that the specialist schedule is not workable the principal may contact the Assistant Superintendent of Human Services to discuss viable solutions.

C. Prep Time

The District will provide preparation time for employees in an amount not less than 175 minutes per week plus recesses (elementary) and one (1) period per day (secondary). Elementary specialists (e.g., librarian, music, P.E.) will provide the elementary preparation time. The District will make every effort to avoid disruption of the preparation time.

D. Covering Classes

Employees who give up a preparation period at the request of the Principal or other administrator to cover the class of another employee who is absent, shall be compensated at the hourly rate (Section 7.05 herein) per each preparation period or portion thereof given up. Covering classes shall be considered voluntary, provided the Principal or other administrator may require it in emergency or extenuating circumstances.

E. Secondary Preparations

The District shall attempt to reduce the number of teaching preparations at the secondary level (7-12) with the goal to have no employee teaching more than three (3) preparations daily. If it should be necessary for any employee to have four (4) or more preparations during a given year, that employee shall be given priority consideration the following year to have a reduction in his/her daily preparations. However, the District and the Association recognize that certain programmatic decisions, as determined by the Board, will require some staff members to have more than three (3) preparations daily.

F. Grades K, 1 and 2 One-on-one Assessments

Contingent upon the availability of substitutes, the District will provide substitute coverage for:

Two (2) days of Grade 2 one-on-one assessments in the Fall and one (1) day of Grade 2 one-on-one assessments in the Spring; and

One (1) day of Kindergarten per session and Grade 1 one-on-one assessments in the Fall and one (1) day of Kindergarten per session and Grade 1 one-on-one assessments in the Spring.

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SECTION 8.03: PERSONNEL RECORDS

A. Permanent Personnel File

A permanent personnel file for each employee shall be maintained in the personnel office in accordance with the following:

1. Each file shall contain pertinent documents and data, including, but not limited to the employment application, college transcripts, in-service credits, annual contract, evaluation reports, disciplinary actions and correspondence.

2. Employees may inspect their file at reasonable times. Upon request by the employee, the District shall prepare an inventory sheet to verify the file contents at the time it is inspected by the employee. A copy of items from the personnel file will be available to the employee at no cost. Another person, at the employee's request and with his/her permission, may be present at the review of the employee's file. Inspection shall be in the presence of a District designee.

A copy of all material to be entered into the personnel file shall first be provided to the employee. An employee shall have the right to include in the personnel file a written response to any document contained in the personnel file judged by the employee to be derogatory. Such written response shall be signed and dated by the employee. At the request of the employee, derogatory statements and any employee response to same shall be removed from the personnel file after they have been in the file for five (5) years from the date of entry, provided no further similar or related incidents have arisen and been documented in writing, and provided further the right of removal shall not apply to substantiated information about verbal or physical abuse or sexual misconduct (as defined pursuant to law). To the extent allowed by law, unsubstantiated information about alleged verbal or physical abuse or sexual misconduct can be removed.

Once the State Board of Education has adopted rules defining verbal abuse, physical abuse, and sexual misconduct per Chapter 29, Washington Laws, 2004, the SSD-SEA Collaboration Team shall revisit this Section.

B. Computer-stored Information

Computer stored information may be used for employee discipline or evaluation provided that a written copy is entered into the employee’s personnel file or annual working file as appropriate and is subject to the requirements of this Agreement.

C. Annual Working File

Principals may maintain an annual working file. The employee shall be able to inspect said working file and make copies of any of its contents. At the end of the year its contents will either be destroyed or transferred only to the permanent personnel file, provided that the Principal may maintain a copy of the previous year's final evaluation in the working file for employees who remain at that school.

D. Permanent Record Card

The District office shall maintain a permanent record card containing available information for each employee concerning:

1. Teaching certificate data: number, type, date issued, and expiration date;
2. All administrative credentials earned, showing type, date issued, and expiration date; and
3. Health certificate with date issued and expiration date.

E. Payroll Record

The payroll section shall maintain a payroll record for each employee. This record shall contain the following information:

1. Annual contract salary;
2. Additional compensation;
3. Sick leave days used; and
4. Sick leave accumulated.

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SECTION 8.04: NON-DISCRIMINATION

The District agrees to adhere to the obligations of law related to non-discrimination.

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SECTION 8.05: ASSIGNMENT, VACANCIES AND TRANSFERS

A. Definitions

1. Assignment: An assignment shall mean a particular grade level, subject(s) or specialty area assigned to an employee at a given school or work site.

(a) Reassignment: A reassignment shall mean a change in an employee's assignment.

(b) Voluntary Reassignment: A voluntary reassignment shall mean a reassignment that an employee has requested.

(c) Involuntary Reassignment: An involuntary reassignment shall mean a reassignment that an employee has not requested.

2. Transfer: A transfer shall mean a move by an employee from one (1) school or work site to another.

(a) Voluntary Transfer: A voluntary transfer shall mean a transfer that an employee has requested.

(b) Involuntary Transfer: An involuntary transfer shall mean a transfer that an employee has not requested.

B. General Provisions

1. Assignments, reassignments, and transfers will be made in the best interest of the educational program, with minimum disruption of the educational or supportive program, and in accordance with the following means, listed in priority and sequential order:

a. Assignment and reassignment at a school or work site;

(1) Unless provided elsewhere in this Agreement, first consideration shall be given to those employees who have been assigned to and worked at the school or work site during the year or who have been on paid sabbatical leave during the year.

(2) Second consideration shall be given to those employees who have indicated in writing by April 1 a desire to return to their original school after returning from an unpaid leave of absence for all or most of the year, including at least the last 45 school days of the year.

b. Voluntary transfer;

c. Placement and assignment of new hires and involuntary transfer.

2. If allowed by law, the District may assign an employee to a grade level or subject for which that employee does not hold a legally required certificate endorsement. The District shall assume all costs connected with that employee's training/education to receive the proper endorsement to the extent required by law. This provision will not apply to an emergency or temporary assignment which requires a special education endorsement and in which the District does not intend to continue the employee beyond the period related to the emergency or temporary situation.

3. When staffing changes are necessitated by opening of new schools or school closure, the District agrees to consult with Association representatives regarding the procedures to be used. The District will consider any suggestions made by such Association representatives when implementing the process for making the necessitated staffing changes.

C. Assignment and Reassignment at a School or Work Site

1. Assignments and reassignments are the responsibility of the building administrator.

2. Interested building staff shall make the building administrator aware of their desire for change in assignments. All verified position openings shall be made known in writing to the interested staff.

3. Building administrators will consider volunteers when it is necessary to make reassignments before making involuntary reassignments.

4. After an effort has been made to fill positions by assignment or reassignment within a school site, and positions remain unfilled, then use of the voluntary transfer process outlined herein shall next be considered.

D. Voluntary Transfers from One School or Work Site to Another

1. Requests for transfers by employees will be submitted as follows:

a. Requests for the following school year shall be in accordance with the following:

(1) A transfer request form shall be completed and submitted no later than April 1 or by the deadline given if it is for a posted position. The transfer request form shall include a question as to whether the request is in response to a specific posted position.

(2) Requests shall be considered active until August 31 of that year.

b. Requests for transfer to open positions for the current school year (i.e., after August 31) shall only be considered in response to posted positions. The request shall be in the form and by the deadline specified on the posting.

2. Any openings not filled from existing building staff assignments and reassignments shall be posted within the District. Applications from interested, current District staff will be accepted pursuant to the following:

a. If the first day of posting the opening District wide is to occur during the period of October 1 through July 1, then the position opening must be posted at least five (5) consecutive business days; and

b. If the first day of posting the opening District-wide is to occur during the period of July 1 through September 30, then the position opening must be posted at least two (2) consecutive business days.

3. The District shall consider voluntary transfer requests consistent with the following:

a. The District shall consider those applicable voluntary transfer requests on file per paragraph 1, above, as well as those applications that were received in response to a specific posting, provided the seniority provisions herein will not apply to an employee applying for a position posted after July 1 and before September 30 for the following year.

b A voluntary transfer applicant will be deemed to be qualified for a position if that employee has:

(1) The required certification for the position.

(2) The required endorsement for the position, or if certificated prior to 1987, its equivalent as stated in WAC 180-79A-123 and WAC 180-79A-302.

(3) Satisfactory evaluation, as indicated on the summary evaluation form, for the two successive years directly preceding the request for transfer.

(4) Has the special program qualifications in accordance with the following:

Positions which require a special program qualification of a candidate for transfer shall be identified by the District as such in advance of opening the position for transfer. The Superintendent or designee shall give written notice to the Association President of the position's special program qualification status and provide an opportunity for the District and Association to confer about the position's special program qualification(s). A "special program qualification" is any unique or unusual training, experience or other factor legitimately related to the position and deemed by the District to be desirous and essential for the candidate to be qualified for the job and which is a factor generally not common to most teaching or program positions.

c. From those voluntary transfer applicants, the appropriate administrator will review the employees' files to determine qualifications. Selection of the person to be voluntarily transferred shall be in accordance with the following:

(1) Only those transfer applicants who are qualified in accordance with the criteria in paragraph D.3.b., above, shall be considered.

(2) If there is only one qualified applicant for a position, that person will be transferred to the position.

(3) If there is more than one qualified applicant, the position shall be given to the person who meets the following criteria in priority order:

(a) The greatest seniority as defined in Article 10.00 of this Agreement.

(b) The greatest seniority as a certificated employee in the District.

(c) The most advanced degree.

(d) The person chosen by lot.

d. In-District transfer applicants must meet with a building team comprised of at least the Department Chair or Grade Level Chair and the Building Principal who will arrange for and facilitate the meeting. This meeting will be arranged at the point it is reasonably certain the employee will be granted the voluntary transfer. Under rare and unusual circumstances, the District may consider an alternate form of communication as a substitute for the required meeting. Should the meeting cause the employee to reconsider the transfer, said employee shall immediately notify the appropriate administrator so a determination could be made by the District as to other alternatives.

e. Paragraphs D.3.b and D.3.c., above, shall not apply to positions which are District-wide in nature as opposed to positions that are specifically assigned to one or more schools. Further, it is the intent with regard to the application of paragraphs D.3.b. and D.3.c., above, that they shall apply only to existing school programs

4. Employees who submit a voluntary transfer request form or apply for a posted position shall be notified of the disposition of the request. If the request is denied the employee shall be entitled to conference with the administrator involved. The purpose of the conference is to discuss the reasons the request was denied and whether there are alternatives that might be available.

E. Consideration of Non-District Applicants and Involuntary Transfers

1. When there is no in-District applicant who is qualified for an open position in accordance with all the provisions above, then the District will consider non-District applicants and involuntary transfers.

2. Non-District applicants shall be subject to the building team interview process.

3. The District shall avoid involuntary transfers, if reasonably possible, when there are new hires yet to be placed.

4. An employee who definitely must be involuntarily transferred shall be given first consideration over non-District applicants for open positions that employee may prefer. Seniority (i.e. the least senior) shall be considered in deciding involuntary transfers.

F. Posting Requirements

Postings as referred to herein shall:

1. Include, if known, the specific assignment, the qualifications for the position, and the procedure and deadline for applying;

2. Be placed on the District WEB site and job line; and

3. Be mailed to the Association President.

G. Transfers--Additional Provisions:

1. Employees being transferred may request to have their belongings moved after they have been packed by the staff member. They will, upon request, be moved from the classroom they are leaving to the new building to which they are assigned.

2. The administration will make a reasonable effort to preclude an employee from being involuntarily transferred from one (1) building to another twice during the same school year or from being involuntarily transferred during two (2) consecutive years.

H. Notification Requirements

1. Of assignment at same school:

The administration shall provide every employee within a given school notice indicating their specific tentative assignment (including grade levels and all subject areas to be taught) for the next school year. Said notice shall be provided no later than the end of the school year. The District shall provide immediate written notice, including the reasons therefore, if the final assignment is changed from the tentative one. The employee receiving such written notice shall be entitled to conference with the administrator involved to discuss the reasons for the change, whether there are any alternatives, and what assistance may be provided to aid in the transition.

2. Of transfer:

Written notice shall be given to an employee who is to be transferred. For involuntary transfers the administrator involved will conference with the employee before the transfer becomes effective. The purpose for the conference is to discuss the reasons for the transfer, whether there are any alternatives, and what assistance may be provided to aid in the transition. An employee who disagrees with a specific transfer will, upon his/her request, be considered for other open positions before the transfer is final.

I. Released Time

If a reassignment involving a totally different subject area or grade level is made during the school year, or if a transfer is made during the school year, upon the employee's request the District shall provide appropriate release time for the employee to prepare for the new assignment.

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SECTION 8.06: CLASSLOAD ASSISTANCE

The classload assistance provided through the implementation of paragraphs A through F, below, shall be limited to an annual cost of $255,000, provided that if the classload assistance amount reached before the end of 2006-2007, 2007-2008, 2008-2009, the limit shall be increased by an additional $10,000 the following year.

A. Elementary

1. Triggers for Assistance

Elementary classload assistance will be provided according to the plan as described:

2. Combination Classes

Combination classes shall be defined as those multi-grade classes that for most subject areas involve more than one grade level curricula. Combination classes shall be eligible for classload assistance as follows:

(1) Such classes shall receive classload assistance at two (2) fewer student count than the regular single grade level classes reflected in the plan above.

(2) Combination classes involving a primary and intermediate split will begin to trigger EA time at twenty-three (23) students.

Multi-age classes involving primary and intermediate students that do not fit the definition of a combination class will begin to trigger EA time at twenty-five (25) students.

For each teacher of combination classes, the District will provide up to two (2) substitute days per year for release time during the scheduled workday for additional planning.

B. Secondary (7-12)

1. Triggers for Assistance

Secondary classload assistance will be provided according to the plan as described:

For total daily loads:

The relief allocated will be determined by the method above that generates the higher amount.

2. Exceptions

Except for physical education classes, other large group classes will be exceptions to these provisions (music, study hall, etc.).

C. Scheduling and Use of Educational Assistants

In all cases, the Educational Assistant (EA) time allocated for classload assistance is intended to be directly assigned to the classroom with the load problems. Whenever EA time is allocated, the parties intend it to be used effectively so that both the students and the teachers receive optimum benefits of the time. Principals should meet with each teacher eligible for assistance time, previous to assignment of the time, to help plan for the effective use of the EA.

To aid in the selection of qualified educational assistants, an inservice class will be offered on a voluntary basis to all educational assistants. To the greatest extent possible, teachers will have a choice regarding the selection of educational assistants for their classrooms.

D. Alternatives to Educational Assistant Time

Teachers eligible for classload assistance may elect other alternatives outlined below in lieu of EA time. The dollar amounts for these alternatives shall be equal to the amount expended for EA time in a given situation and based on the average EA's hourly wage for that year. The alternatives are as follows:

1. Purchase of supplies, materials, or equipment;

The teacher eligible for assistance shall determine what is to be purchased and shall control its use. Ownership, however shall remain with the District. The annual deadline for submission of any District required documents for purchase of supplies, materials, or equipment shall be July 31.

2. Purchase substitutes to provide release time for additional on-site planning;

Prior arrangement is to be made with the Principal so that a substitute can be assigned.

3. Defray the costs for attending a workshop or conference; or

4. Additional compensation, provided the amount shall be limited to no more than two (2) hours of EA time per eligible day. The other options, above, may be used for any eligible EA hours over two (2) hours. As an example, a teacher eligible for three (3) EA hours might elect to have two (2) hours of compensation and one (1) hour of actual EA time.

Combinations of the above alternatives, including EA time, can be chosen so long as necessary arrangements, such as scheduling, can reasonably be accommodated.

E. Monthly Adjustments

All EA allocations and/or their alternatives must be approved each month. Allocations will be adjusted with the enrollment figures submitted on the first school day of each month, except that for September for both elementary and secondary and second semester for secondary, allocations will be based on the tenth student day's enrollment. Relief assistance for September and October shall be implemented no later than the first Monday in October. Relief for secondary schools for second semester shall be implemented no later than the first Monday in March and shall be retroactive to the first day of second semester.

F. Kindergarten and Part Time

Kindergarten teachers who are eligible for assistance in accordance with the above table in one (1) of their half-day sessions shall receive half the assistance indicated by said table for each such session that qualifies. Teachers who teach less than full time shall have any assistance for which they are eligible by the above tables pro rated in accordance with their FTE status.

G. Elementary Specialists

Elementary music teachers shall be paid at their pro-rated individual contract rate for any instructional time beyond the normal forty (40) thirty-five (35) minute periods per week including four (4) sessions of band per week, provided that by mutual consent of the teacher and Principal the band periods may be longer than thirty-five minutes. If elementary band is discontinued, elementary music teachers will be assigned a normal work schedule of eight, thirty-five minute periods per day.

Elementary PE teachers shall be paid at their pro-rated individual contract rate for any instructional time beyond the normal forty (40) thirty-five (35) minute periods per day.

Elementary librarians shall receive an allocation of forty-five (45) minutes of EA time per week for every thirty-five (35) minute instructional period up through twenty (20) periods per week for K-6, except for half-day Kindergarten. Half-time Kindergarten library time will be based on a one-half instructional period; EA time will be allocated on a one-half basis. Said librarians shall additionally receive an allocation of one-and-one-half (1 1/2) hours of EA time per week for every instructional period in excess of twenty (20) per week.

In lieu of EA time generated by twenty-one (21) or more periods per week, a librarian may choose additional compensation under the same limitations set forth in paragraph D.4., above. Reasonable efforts shall be made to use up to one (1) hour of EA time per day to open the library for students before/after school, during recess and/or at lunch. The parties to this Agreement acknowledge there may be situations which for safety or security reasons may require the Building Principal to temporarily reassign EA time normally allocated for library assistance as provided above. However, this allowance is not intended to occur on a regular basis.

During the term of this Agreement, should the District further reduce educational assistant time district-wide, the educational assistant time provided by this Section shall also be proportionately reduced.

H. Secondary Language Arts

Every attempt will be made to limit secondary language arts writing classes to 25 students each.

At the high school (grades 9 through 12), for teachers with classes the English Department determines to be college preparatory classes (i.e., with intensive student writing as part of the curriculum), the District will establish a pool of not more than sixteen (16) substitute days per year for release time during the scheduled work day to evaluate student writing assignments. The allocation of substitute time will be managed by the English department subject to Principal approval.

At each middle school (grades 7 and 8), for teachers of language arts, the District will establish a pool of not more than eight (8) substitute days per year for release time during the scheduled work day to evaluate writing assignments. The allocation of substitute time will be managed by the House Chairs subject to Principal approval.

I. Doubling of PE Classes

There shall be no doubling up of PE classes (i.e., one PE teacher serving two or more classes) except in emergency circumstances. If the District believes such an emergency exists, they will first discuss the situation with the Association President before any such doubling up occurs.

J. Additional Concerns

Employees are encouraged to present individual classload concerns to their building principal for consideration of assistance to resolve the concern.

K. SLPs, OTs, and PTs

The caseloads for Speech and Language Pathologists, Occupational Therapists, and Physical Therapists shall be limited to no more than twenty-two (22) intervention hours per week. Intervention hours shall include direct contact time with students, testing of students, and traveling.

The District and Association Collaboration Team shall review this limitation in the Fall of each year to determine its effect and shall be free to mutually agree to modify said limitation after a review of the appropriate data, including the actual schedules of the employees involved.

Speech and language pathologists, occupational therapists, and physical therapists are to create schedules that include their full planning time as provided by the collective bargaining agreement. If workload or caseload is such that their schedule does not permit said planning time, then the staff person involved shall present the reasons for the problem to the appropriate Principal and to the Executive Director of Special Services. If the Principal and Executive Director of Special Services approve, then the District shall pay the staff person's pro-rated contract per diem rate for loss of the preparation time.

L. If Absent

Teachers absent from a classroom after ten (10) consecutive student days shall not be eligible for classload assistance remuneration.

M. Special Education Educational Assistant Support

For informational purposes a Memorandum of Understanding between the Association and District concerning the provision of educational assistant time for special education teachers is included in the back of this Agreement. Said Memorandum of Understanding is specifically and expressly not subject to the grievance procedure as provided in Article 12.00 Grievance Procedure of this Agreement.

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SECTION 8.07: SHARED DECISION MAKING

The District and Association are agreed that shared decision making should be fostered and promoted in accordance with the provisions contained herein.

A. Goal

The District and Association agree that shared decision making is a collaborative process at the school or work site in which those affected by decisions are empowered to make them, within predetermined parameters, either directly or by representatives of their own choosing.

B. Building Based Shared Decision Making Teams

1. Building based shared decision making teams will be established at each site.

Building teams will be comprised of grade level chairs, team leaders and/or house/department chairs and building administrator. These teams may operate as a separate entity, but may also be a sub-group of a larger shared decision making team comprised of representatives from other constituencies.

Selection of and role of grade level chairs, team leaders, house/department chairs is defined in Section 7.09 herein.

2. Topics

Topics to be discussed at building based shared decision making team meetings will be issues that directly impact staff and/or building programs.

C. Contract Waiver Process

No employee will be required without his/her consent to take any action in connection with a shared decision making arrangement or decision that violates his/her rights under the Agreement, and no adverse employment action will be taken against any employee because of his/her refusal to give such consent.

If any aspect of a shared decision making arrangement is contrary to the terms of this Agreement, said aspect will not be implemented, or if already implemented will be immediately discontinued, unless a waiver is obtained from the Association and District. Said waiver must be in writing (see form in Appendix K), and must specify the contractual provision waived, the nature and duration of the waiver, the employees affected by the waiver and justification for the waiver. The waiver, if granted, will be considered an addendum to this Agreement, and any dispute as to its interpretation or application will constitute a grievance within the meaning of Article 12.00. Except to the extent waived pursuant to the above, this Agreement will remain in full force and effect, and have full application to the employees who are affected by the shared decision making arrangements.

D. Time and Compensation Considerations

It is recognized that shared decision making processes require the expenditure of considerable amounts of time. Grade level chairs, team leaders, and house or department chairs shall be compensated in accordance with the Program Support Schedule Appendix I.

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