Sedro-Woolley - schoolcontracts.info
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Sedro-Woolley - schoolcontracts.info
2013-2016 Collective Bargaining Agreement Between the Sedro-Woolley School district No. 101 and the Sedro-Woolley Education Association SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 1 2013-2016 Collective Bargaining Agreement Between the Sedro-Woolley School District No. 101 and the Sedro-Woolley Education Association Table of Contents CHAPTER 1 - RECOGNITION AND DEFINITIONS ........................................................................ 1 1.1 Recognition ........................................................................................................................... 1 1.2 Definitions ............................................................................................................................ 1 CHAPTER 2 - STATUS AND ADMINISTRATION OF AGREEMENT .......................................... 2 2.1 Ratification............................................................................................................................ 2 2.2 Rights of the Board of Directors ........................................................................................... 2 2.3 Relationship to Policy ........................................................................................................... 2 2.4 Compliance of Agreement .................................................................................................... 2 2.5 Conformity to Law ................................................................................................................ 2 2.6 Distribution of Agreement .................................................................................................... 2 CHAPTER 3 - ASSOCIATION RIGHTS .............................................................................................. 3 3.1 Exclusivity ............................................................................................................................ 3 3.2 Access ................................................................................................................................... 3 3.3 Facilities and Equipment ....................................................................................................... 3 3.4 Membership Communication ................................................................................................ 3 3.5 Availability of Information ................................................................................................... 3 3.6 Notification Procedure .......................................................................................................... 4 3.7 Dues Deduction ..................................................................................................................... 4 3.8 Release Time ......................................................................................................................... 4 3.8.1 Negotiations and Grievances ............................................................................... 4 3.8.2 Association Business ........................................................................................... 4 3.8.2.1 .............................................................................................................. 5 3.9 Contract Administration ........................................................................................................ 5 3.10 Representation Fees ............................................................................................................ 5 3.10.1 Membership Deductions .................................................................................... 5 3.10.2 Representation Fee Deductions ......................................................................... 5 3.10.3 Charitable Organization Deductions .................................................................. 5 3.11 Staff Centered Restructuring ............................................................................................... 6 CHAPTER 4 - TEACHER RIGHTS ...................................................................................................... 7 4.1 Individual Rights ................................................................................................................... 7 4.2 Right to Join and Support Association .................................................................................. 7 4.3 Fair Treatment Standard........................................................................................................ 7 4.4 Professional Rights and Responsibilities .............................................................................. 7 4.5 Official Personnel File .......................................................................................................... 8 4.6 Employee Working File ........................................................................................................ 8 4.7 Teacher Protection ................................................................................................................ 8 4.8 Discipline Support ................................................................................................................ 8 4.9 Individual Teacher Contract.................................................................................................. 9 4.9.1 Copies of Contract ............................................................................................... 10 4.9.2 Professional Responsibility Stipend/Additional Paid Days ................................. 10 4.9.3 Release from Contract ......................................................................................... 11 4.9.4 Job Corps Extended Year Contract ...................................................................... 11 4.10 Supplemental Contracts ...................................................................................................... 11 4.10.1 Termination ....................................................................................................... 11 4.11 Assignments, Transfers, Vacancies, and Open Positions .................................................... 11 4.11.1 Qualifications..................................................................................................... 11 4.11.2 Notification/Definitions ..................................................................................... 12 4.11.2.1 Procedures for Posting Open Positions ............................................. 12 SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 2 4.11.2.2 Procedures for re-employment from the layoff pool ......................... 12 4.11.2.3 Procedures for Open Positions that occur during summer vacation .. 12 4.11.3 Procedures for Teacher Initiated Transfer/Change in Assignment .................... 12 4.11.3.1 In-Building Change in Assignment Requests in Writing/Email......... 12 4.11.3.2 In-District Transfer Requests in Writing/Email ................................. 12 4.11.4 Procedures for Involuntary Transfers or Involuntary Changes in Assignment .. 13 4.11.5 Assignment of Special Program Personnel ........................................................ 13 4.11.6 Transfer to New School ..................................................................................... 13 4.11.7 Job Sharing ........................................................................................................ 13 4.12 Classroom Moving Expenses .............................................................................................. 14 4.13 Employee Assistance Program............................................................................................ 14 4.14 Safe Working Conditions .................................................................................................... 14 4.15 Labor Management ............................................................................................................. 14 CHAPTER 5 - LEAVES .......................................................................................................................... 15 5.1 - PAID LEAVES.................................................................................................................... 15 5.1.1 Illness, Injury, and Emergency Leave.................................................................. 15 5.1.1.1 After Leave is Exhausted.................................................................... 15 5.1.1.2 Cash Out ............................................................................................. 15 5.1.2 Injury While on Duty ........................................................................................... 15 5.1.3 Illness in Family Leave ........................................................................................ 16 5.1.4 Personal Leave ..................................................................................................... 16 5.1.4.1 Personal Leave Exemption ................................................................. 16 5.1.5 Bereavement Leave ............................................................................................. 16 5.1.6 Jury Duty and Subpoena Leave ........................................................................... 16 5.1.7 Attendance at Meetings and Conferences ............................................................ 16 5.1.8 Early Dismissal Leave ......................................................................................... 16 5.1.9 Association Leave ................................................................................................ 16 5.2 UNPAID LEAVES ............................................................................................................... 17 5.2.1 Professional ......................................................................................................... 17 5.2.1.1 Further Educational Training ............................................................. 17 5.2.1.2 Positions in Other Districts ................................................................. 17 5.2.1.3 Non-Teaching Occupations ................................................................ 17 5.2.1.4 Provisions ........................................................................................... 17 5.2.2 Medical Leave ..................................................................................................... 17 5.2.3 Association .......................................................................................................... 17 5.3. OTHER LEAVES ................................................................................................................ 17 5.3.1 Maternity ............................................................................................................. 17 5.3.2 Paternity ............................................................................................................... 18 5.3.3 Family Adjustment for Adoption/Foster Child Placement .................................. 18 5.3.4 Military ................................................................................................................ 18 5.3.5 Civic/Volunteer ................................................................................................... 18 5.3.6 Other .................................................................................................................... 18 5.3.7 Without Pay ......................................................................................................... 18 5.4 Return to Same Position ........................................................................................................ 18 CHAPTER 6 - SALARIES, STIPENDS, AND BENEFITS ................................................................. 19 6.1 Teachers' Salary Schedule (SAM - Salary Allocation Model) .............................................. 19 6.2 Vocational Technical Salary Placement ................................................................................ 19 6.2.1 Initial Placement ................................................................................................... 19 6.2.2 Advancement ....................................................................................................... 19 6.2.3 Other Provisions .................................................................................................. 20 6.3 Salary .................................................................................................................................... 20 6.4 Payroll Deductions ................................................................................................................ 20 6.4.1 Voluntary Pay Reduction ...................................................................................... 20 6.5 Payment Provisions ............................................................................................................... 20 6.6 Other Pay Rates..................................................................................................................... 21 6.6.1 Curriculum Rate ................................................................................................... 21 6.6.2 Substitutes ............................................................................................................ 21 6.6.3 Pay for Teachers Substituting in Classes During Their Planning Time ................ 21 6.6.4 Summer Training .................................................................................................. 21 SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 3 6.6.5 Driver Training Pay .............................................................................................. 21 6.6.6 Pay for Supervision, Outdoor Camps ................................................................... 21 6.6.7 Pay for Involvement in Grant Activities Outside the Contracted Day .................. 21 6.6.8 Home Teaching ..................................................................................................... 21 6.6.9 Saturday School Pay ............................................................................................ 21 6.6.10 Supplemental Salary Schedule ............................................................................ 21 6.6.10.1 New Positions ................................................................................................. 21 6.6.10.2 Summer Program Positions ............................................................................ 22 6.7 Teacher Assistance Program (TAP) ....................................................................................... 22 6.8 Travel/Mileage ....................................................................................................................... 22 6.9 Insurance ................................................................................................................................ 22 6.10 Sick Leave Conversion ........................................................................................................ 23 6.11 National Board Certification Support/Certificate of Clinical Competence Support ............ 23 6.12 Individual Staff Development .............................................................................................. 23 6.13 Classroom Preparation Stipend ............................................................................................ 23 CHAPTER 7 - OTHER TERMS AND CONDITIONS OF EMPLOYMENT ................................... 24 7.1 Workday................................................................................................................................ 24 7.1.1 Elementary Schedule ........................................................................................... 24 7.1.2 Secondary Schedule ............................................................................................. 24 7.1.3 Librarians ............................................................................................................. 25 7.1.4 Individual Teacher Directed Early Release Days ................................................ 25 7.1.5 Duty Free Time .................................................................................................... 25 7.1.6 Inclement Weather ............................................................................................... 25 7.2 Classroom Procedures ........................................................................................................... 25 7.2.1 Enrollment Procedures ......................................................................................... 25 7.2.2 Classroom Visitations .......................................................................................... 25 7.3 Employee Facilities ............................................................................................................... 25 7.4 Certificated Employee Staff Reduction ................................................................................ 26 7.4.1 Determination of Vacant Positions ...................................................................... 26 7.4.2 Certification ......................................................................................................... 26 7.4.3 Employment Categories....................................................................................... 26 7.4.4 Rate of Reduction ................................................................................................ 26 7.4.5 Qualification within Employment Category ........................................................ 26 7.4.6 Selection within Employment Categories ............................................................ 26 7.4.7 Action by the Superintendent .............................................................................. 27 7.4.8 Employment Pool ................................................................................................ 27 7.4.9 Certificated Employees' Seniority List ................................................................ 27 7.5 Auxiliary Personnel .............................................................................................................. 27 7.6 Curriculum Committees ........................................................................................................ 28 7.7 Calendar ................................................................................................................................ 28 7.8 Workload ........................................................................................................................ 28-29 7.9 IEP CONFERENCES ........................................................................................................... 30 7.10 IEP Development and Processing ....................................................................................... 30 7.11 Hold Harmless .................................................................................................................... 30 7.12 Kindergarten ....................................................................................................................... 30 7.13 Part-Time Teachers ............................................................................................................. 30 CHAPTER 8 - EVALUATION ............................................................................................................... 31 8.1 General .................................................................................................................................. 31 8.2 Responsibility of Evaluation ................................................................................................. 31 8.3 Standard Evaluation Procedure ............................................................................................. 31 8.3.1 Criteria ................................................................................................................. 31 8.3.2 Procedure Review ................................................................................................ 31 8.3.3 Required Evaluations ........................................................................................... 31 8.3.4 Process ................................................................................................................. 31 8.4 Report Consistency ............................................................................................................... 32 8.5 Probation ............................................................................................................................... 32 8.5.1 Supervisor's Report .............................................................................................. 32 8.5.2 Establishment of Probationary Period ................................................................. 32 8.5.3 Evaluation During Probationary Status ............................................................... 32 SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 4 8.5.4 Supervisor's Post-Probation Report ..................................................................... 32 8.5.5 Action by the Superintendent .............................................................................. 33 8.6 Applicability to Grievance Procedure ................................................................................... 33 CHAPTER 9 - GRIEVANCE PROCEDURE ....................................................................................... 34 9.1 Conditions ............................................................................................................................. 34 9.1.1 Definitions ........................................................................................................... 34 9.1.2 Time Limits ......................................................................................................... 34 9.1.3 Representation ..................................................................................................... 34 9.1.4 Freedom from Reprisal ........................................................................................ 34 9.1.5 Assistance in Investigation .................................................................................. 34 9.1.6 Release from Duty ............................................................................................... 34 9.2 Step I: Class A, Class B ........................................................................................................ 34 9.3 Step II: Class A, Class B ....................................................................................................... 34 9.4 Step III: Class A, Class B...................................................................................................... 35 9.5 Step IV: Class B Only ........................................................................................................... 35 9.6 Step V: Arbitration, Class A Only ........................................................................................ 35 9.6.1 Notification .......................................................................................................... 35 9.6.2 Arbiter Selection .................................................................................................. 35 9.6.3 Arbitration Proceedings ....................................................................................... 35 9.6.4 Effect of Decisions .............................................................................................. 36 9.6.5 Election of Remedies ........................................................................................... 36 CHAPTER 10 - DURATION .................................................................................................................. 37 APPENDICES .......................................................................................................................................... 38 A. Assignment of Wages Form.................................................................................................................. 38 B. Assignment of Wages Form for Religious Objection ........................................................................... 39 C. 2013-2014 Teacher Salary Schedule Combined ................................................................................... 40 2013-2014 TRI Stipend Schedule and District Funded Days ............................................................... 41 D. TRI Stipend Form................................................................................................................................. 42 E. 2013-2014 Supplemental Salary Schedule ........................................................................................... 43 MOU on Supplemental vs. Extended Year Positions ........................................................................... 44 T.A. on SWHS Department Chair/Instructional Leadership Stipend/Structure .................................... 45 T.A. on CMS Site Based Leadership Team Structure .......................................................................... 46 F. 2013-2014 Calendar .............................................................................................................................. 47 Back of Calendar – Important Dates ..................................................................................................... 48 G. Calendar Guidelines .............................................................................................................................. 49 H. Non-Student Workdays, funding source and control ............................................................................ 50 I. MOU – Professional Growth and Evaluation of School Personnel (PGESP) ....................................... 51 J. Minimal Evaluative Criteria for Teachers ............................................................................................ 84 K. Observation Worksheet ......................................................................................................................... 86 L. Evaluation of Professional Performance Report for Classroom Teacher .............................................. 89 M. Minimal Evaluative Criteria for Certificated Support Personnel .......................................................... 90 N. Observation Worksheet for Certificated Support Personnel ................................................................. 92 O. Evaluation of Professional Performance Report for Counselor, Psych., Speech Therapist, Nurse ....... 94 P. Evaluation of Professional Performance Report for Librarian .............................................................. 95 Q. Professional Growth Option Verification Form ................................................................................... 96 Professional Growth Option Requirements (Formative Evaluation) .................................................... 97 R. MOU – Health Insurance ....................................................................................................................... 98 S. MOU – Occupational Therapist and Physical Therapist ........................................................................ 99 T. MOU – Collection of Evidence .......................................................................................................... 100 U. MOU - Committee Work .................................................................................................................. 101 SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 5 INDEX A ARBITRATION........................................ 35 ASSOCIATION RIGHTS ........................... 3 B BEREAVEMENT LEAVE ....................... 16 C CALENDAR................................. ....... 28,46 CERTIFICATION.................................. ... 26 CHANGES IN ASSIGNMENT ................ 13 CLASS SIZE......................................... .... 28 CLASSROOM MOVING EXPENSE....... 14 CLASSROOM VISITATION................ ... 25 CONTRACTS.................................. ...... 9-11 CURRICULUM RATE.......................... ..21 D DEDUCTIONS, PAYROLL................. .... 20 DISCIPLINE SUPPORT......................... .... 8 DUTY FREE TIME.............................. .... 25 E EMERGENCY LEAVE........................ .... 15 EVALUATION FORMS................ ..... 50-81 EVALUATIONS.................................. ..... 31 EVALUATION FORMS ..................... 71-78 EVALUATION (COMP VS FOCUSED) . 79 EVALUATION-COMP FINAL REPORT 81 G GRIEVANCE PROCEDURES............ ..... 34 GRIEVANCES........................................ .... 4 I LEAVE, PERSONAL ............................... 16 LEAVE, SICK .......................................... 15 LIABILITY INSURANCE (4.7) ................ 8 M MATERNITY LEAVE ................................. 17 MILEAGE/TRAVEL .................................... 22 MOVING EXPENSE, CLASSROOM ......... 14 N NATIONAL BOARD CERT ........................ 23 O OBSERVATIONS ........................................ 31 P PAID & UNPAID LEAVE ......................15-18 PATERNITY LEAVE .................................. 18 PAYROLL DEDUCTIONS .......................... 20 PERSONAL LEAVE .................................... 16 PLANNING TIME ....................................... 24 PROBATION...........................................32-34 PROF. GROWTH OPTION (PGO) ........80-81 R REDUCTION IN FORCE (RIF) (7.4.4) 26-27 S SALARY SCHEDULE ............................40-43 SENIORITY ................................................. 27 SICK LEAVE ............................................... 15 SUMMER PROGRAMS .............................. 22 SUPPLEMENTAL CONTRACTS ............... 11 T IEP CONFERENCES................................ 30 INCLEMENT WEATHER.................. ..... 25 INJURIES ON DUTY........................ ....... 15 INSTRUCTIONAL FRAMEWORK ... 59-60 INSURANCE...................................... ...... 22 INSURANCE, LIABILITY.................. ...... 8 INVOLUNTARY TRANSFERS......... ..... 13 J JURY DUTY............................................. 16 L LABOR MANAGEMENT ....................... 14 LEAVE, BEREAVEMENT ...................... 16 LEAVE, MATERNITY ............................ 17 LEAVE, PATERNITY ............................. 18 LEAVE, PAID & UNPAID ................. 15-18 SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA TEACHER PROTECTION ............................ 8 TERMINATION ......................................26-28 TRANSFER, INVOLUNTARY ................... 13 TRANSFER, VOLUNTARY ....................... 12 TRAVEL/MILEAGE .................................... 22 TRI SALARY SCHEDULE ....................40-41 V VACANCIES ................................................ 12 W WEATHER, INCLEMENT .......................... 25 WORKING CONDITIONS .......................... 14 PAGE 6 CHAPTER 1 RECOGNITION AND DEFINITIONS 1.1 RECOGNITION The Board hereby recognizes the Association as the sole and exclusive bargaining representative for all certificated personnel regularly employed by the District under contract, whether under individual contract or on leave in positions requiring a teaching credential except as follows: a) Superintendent, b) Assistant Superintendent, c) Executive Director of Human Resources and Technology, d) Executive Director of Business and Operations, e) Assoc. Exec. Director of Special Programs, f) Assoc. Exec. Director of Learning Programs, g) Principals, h) Assistant Principals, and i) the Directors of Career and Technical Education, Athletics, and Migrant Education, if they engage in supervisory activities for more than fifty (50) percent of their job responsibilities, and j) any other district employees excluded by definition under the terms of RCW 41.59. 1.2 DEFINITIONS 1. The term "Agreement" shall mean the Collective Bargaining Agreement. When used in this Agreement, "District" or "Board" shall refer to the Sedro-Woolley Board of Directors No. 101; and "Association" shall refer to the Sedro-Woolley Education Association. 2. The term "employee," "teacher," "certificated employee," and "certificated personnel," shall refer to all employees represented by the Association. 3. Roving substitutes are those certificated teacher substitutes to whom the District has promised an anticipated minimum number of days of work for the balance of the school year. Roving substitutes are not to be considered regular employees unless they qualify under definition 5 below. 4. Leave replacement employees replace regular employees on extended (longer than 20 days) leave and are considered regular employees. 5. Substitute employees who work longer than twenty (20) consecutive days in a specific assignment are considered regular employees. 6. The term "days" shall mean calendar days unless otherwise specified in this Agreement. 7. The term “District business days” shall mean days the District office is open to the public. 8. "Act" shall refer to RCW 41.59. 9. Unless the context in which they are used clearly requires otherwise, words in this Agreement denoting gender shall include both the masculine and the feminine and words denoting number include both the singular and the plural. 10. The term “per diem” shall mean the daily rate of pay calculated by using the current State Allocation Model (SAM) or base salary divided by the number of state funded days (ex. in 2011, per diem is equivalent to 1/180 of the employee’s base pay). SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 1 CHAPTER 2 STATUS AND ADMINISTRATION OF AGREEMENT 2.1 RATIFICATION This agreement shall be ratified by the Board and the Association and signed by the authorized representatives thereof. 2.2 RIGHTS OF THE BOARD OF DIRECTORS The Board acting on behalf of the electorate of the School District retains and reserves all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the regulations of the State Board of Education, the Laws and Constitution of the State of Washington and/or the United States. The Association recognizes that the Board is legally responsible for the operation of the School District and that the Board has the necessary authority to exercise all of its responsibilities subject to the laws above mentioned and to the provisions of this agreement. By way of illustration and not by way of limitation, the Board has the right to: 1. Manage the District and direct the working staff, determine the qualifications, hire, suspend, discipline, or discharge employees for proper cause. 2. Lay off employees from duty because of lack of work, funds, or other legitimate reasons. 3. Transfer employees from one school department and/or classification to another. Make such operating changes as are deemed necessary by the Board for the efficient, effective, orderly, and economical operation of the District. 4. Determine the methods, processes, means and personnel by which any and all work will be performed. 5. Determine the work to be done, standards to be met, and to what extent work will be performed by employees. 6. Develop and control all budgets. 2.3 RELATIONSHIP TO POLICY Where there is a conflict between any collective bargaining agreement and any resolution, rule, policy or regulation of the employer or its agents, the terms of the collective bargaining agreement shall prevail. 2.4 COMPLIANCE OF AGREEMENT All individual teacher contracts shall be subject to and consistent with Washington State Law and the terms and conditions of this Agreement. 2.5 CONFORMITY TO LAW This agreement shall be governed by the constitution and laws of the State of Washington. Any provision or application of this Agreement which is found to be contrary to law shall have effect only to the extent permitted by law, and all other provisions or applications of the agreement shall continue in full force or effect. 2.6 DISTRIBUTION OF AGREEMENT Within ten (10) days of the ratification and signing of this Agreement, the District shall furnish the Association with three (3) proof copies of the Agreement in what it proposes to be finished form for its approval. Within ten (10) days of receipt of the proof copies, the Association shall notify the District of any errors and/or omissions it finds in the proof copies. Within five (5) days of the date when the Association has notified the District of any errors and/or omissions, a joint conference shall be held to resolve differences between the parties. Within five (5) days of the conference, the District shall submit to the Association three (3) proof copies of the Agreement as agreed to in the joint conference. The Association shall notify the District of any discrepancies in the second proof copies within five (5) days. Within forty-five (45) days following the ratification and signing of this Agreement, the District shall print copies of this Agreement for each employee, and the Association will accept the copies on behalf of the employees, and will be responsible for the distribution of a copy to each employee. The District shall be responsible for providing employees, new to the District, with a copy of the Agreement. Forty (40) additional copies shall be provided to the Association at actual cost. All certificated individuals making employment application to the District shall be provided for their examination a copy of the Agreement by the District upon request. The cost of printing shall be shared equally between the District and the Association. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 2 CHAPTER 3 ASSOCIATION RIGHTS 3.1 EXCLUSIVITY Throughout this Agreement certain rights and functions are accorded and ascribed to the Association. These rights and functions are afforded to the Association as the legal representative for all teachers covered under this Agreement. Rights and privileges afforded the Association shall not be granted to any other organization, except as required by RCW 41.59. 3.2 ACCESS Duly authorized representatives of the Association shall be permitted to transact official Association business on school property when employees are off duty, provided normal classroom or school operations are not interrupted. Before conducting such business the representative will notify the building principal or in his/her absence, the building secretary. Identification may be required. 3.3 FACILITIES AND EQUIPMENT The Association shall be allowed to use school facilities for Association business after receiving approval from a District representative. The Association shall be allowed, after receiving permission from a District representative, to use District equipment when it is not needed for District purposes. The District reserves the right to deny the use of the equipment by the Association. The Association shall be liable for damages caused by misuse or negligence. The Association shall reimburse the District for the cost of all District materials used except as needed in 2.6 of this Agreement. 3.4 MEMBERSHIP COMMUNICATION The Association shall have the right to use bulletin boards to post notices of activities and other matters of the Association. The Association shall be allowed to use the intra-District mail service and teacher mailboxes for communication purposes. The right to use the intra-District mail and teacher mail boxes shall not be denied so long as such use does not disrupt the intra-District mail or promote work stoppage in the District. 3.5 AVAILABILITY OF INFORMATION The District shall furnish the following information to the Association upon that information's composition or receipt: 1. 2. 3. 4. 5. It is expressly understood that any and all form numbers indicated in this provision are subject to change. Such change does not remove the obligation on the part of the District to provide the information requested. The below-specified information shall be delivered to a person designated by the Association. In addition to the specific information as requested herein, the Association, upon request, is entitled to obtain information which may be necessary for the Association to carry out its duty as exclusive representative. The Association agrees to reimburse the District for any reasonable expense incurred for extensive reproduction of such information. The preliminary and final drafts of the school district proposed budgets and any amendments thereto (F-195). The accounting of the previous year's budget (F-196). The report from O.S.P.I. that lists all state funded certificated personnel employed by the district as of October 1 of each school year and contains the degree level, credits earned, and years of experience, as well as salary, benefits, and assignment data for each. Such document is currently identified as the S-727 report. The report from O.S.P.I. that lists all state funded certificated personnel employed by the district as of October 1 of each school year and contains the mix factor, assignment codes, certificate numbers, highest degree level, hours beyond highest degree, years of experience, and F.T.E. count for each. Such document is currently identified as the 1723A report. A list of all employees included in the bargaining unit. Such list shall be as of October 1 of each school year and shall contain the following information: a. Name of employee b. Building and grade or subject area assignment c. Placement on the salary schedule SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 3 d. Any extra-curricular assignments e. Supplemental or extended assignments f. Medical insurance coverage 6. Any changes and/or modifications made in the above. 7. The monthly 1191 report from O.S.P.I. 8. A monthly report of the substitutes employed by the District, which includes the names and number of days employed for each substitute. 9. A list of all employees on leave and their corresponding leave replacement shall be compiled by the District and a copy forwarded to the Association by October 1st of each year and upon request thereafter. 10. A seniority list of all employees within the bargaining unit shall be compiled by the District for each category contained in 7.5.3 and a copy forwarded to the President of the Association by the second Monday in January. 11. Upon request, a list of district evaluators that have been trained under Stage I (foundational understanding of the big ideas in the framework) & Stage II (application of framework as a formative tool for growth) along with the most recent year they have received that training. 3.6 NOTIFICATION PROCEDURE The Board Clerk will normally mail the preliminary agenda for all regular Board meetings to the Association president no later than the Friday preceding that meeting. The Board Clerk will inform the Association President of all other Board meetings at least 24 hours in advance of said meetings if possible. The Association may be placed upon the final agenda for any open Board meeting upon request. Such request is to be submitted to the Superintendent on the Thursday prior to the regularly scheduled Board meeting. Placement upon the agenda in response to requests made later than Thursday shall be at the prerogative of the Board. 3.7 DUES DEDUCTION Upon receipt of a written individual authorization, the District agrees to withhold from the salaries of its regular employees Association dues, only in the amount as directed by the Association; and to forward such deductions to the W.E.A. accompanied by a list of teachers from whom the deductions have been made. Such withholdings authorization may be revoked by written notification to the Board thirty (30) days in advance. The Association agrees to indemnify, defend, and hold the District harmless against any claims made, and against any suit instituted against the District on account of any payroll deductions for the Association when said action is the result of erroneous information supplied by the Association. The Association agrees to refund to the District any amounts paid to it in error. 3.8 RELEASE TIME 3.8.1 NEGOTIATIONS AND GRIEVANCES Negotiations or grievance proceedings will be scheduled outside of school hours unless it is mutually agreed to hold them during school hours. Association representatives shall suffer no loss in pay when such meetings are conducted during school hours. 3.8.2 ASSOCIATION BUSINESS The Association president will be entitled to use intermittent substitute time, release time, or a leave of absence up to full time, to conduct Association business for the ensuing school year. By June 1, the Association will notify the District of the local president’s decision relative to which option he/she will utilize for the following school year. A mutual agreement between the District and the Association will determine the release time, substitute time, or leave arrangement. The following leaves shall apply towards Association business, and the Association agrees to reimburse the District for said leaves at the actual rate for the substitutes. Upon written request of the Association at least three days in advance of the leave, the District shall grant designated employees leave of absence for the purpose of conducting Association business. Such leave shall be limited to not more than 45 days per year during non-bargaining years. During bargaining years additional leave of up to 30 days shall be available to the Association bargaining team. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 4 Normally, employees will not be absent from their teaching assignments for Association business for more than nine (9) days per year; however, the District and the Association recognize there are often special circumstances that require employees to be absent from their teaching assignments due to participation in regional, state, and national activities. Nothing herein shall prohibit the Superintendent from granting additional leave for Association business. Prior to granting such leave, the Association president shall meet with the Superintendent or designee to discuss the need for additional leave. 3.8.2.1 Notification and Time Granted When the duties of local (SWEA), regional (Uniserv), state (WEA), and national (NEA), offices held by Association members require release time, such time shall be granted in full time increments up to one year if notice is given before April 1. If notice is given after April 1, approval will be contingent upon finding a qualified replacement. The District will make every effort to find a qualified replacement. 3.9 CONTRACT ADMINISTRATION Representatives of the District and the Association shall meet upon the request of either party, at mutually agreeable times and places, to discuss the administration of this agreement. 3.10 REPRESENTATION FEES 3.10.1 MEMBERSHIP DEDUCTIONS Within ten days of their commencement of employment, teachers who do not currently have deductions for dues and assessments made by the District may sign and deliver to the Board an Assignment of Wages Form which is attached hereto and incorporated in this agreement (Appendix A), which form shall authorize deduction of membership dues and assessments of the Association (including the NEA and WEA). Such authorization shall continue in effect from year to year unless a request of revocation is made to the Board and the Association, signed by the teacher, and received between August 1 and August 31, preceding the designated school year for which the revocation is to take effect. Each month during the school year the Association agrees to provide the Board with the names of those teachers who have joined the Association and paid its dues and assessments by means other than through payroll deduction. 3.10.2 REPRESENTATION FEE DEDUCTIONS In the event that a teacher fails to sign and deliver an Assignment of Wages Form as described herein or has not revoked previous dues and assessments deductions, the Board agrees to deduct from the salary of each teacher who was not an employee of the District prior to June 12, 1978, a representation fee in an amount equal to membership dues and assessments; provided, however, that the teachers who have joined the Association and paid by means other than payroll deduction, as verified by the monthly Association list, shall not be subject to this deduction. Representation fee deductions shall be handled and transmitted by the Board in the same fashion as membership deductions as provided in this Chapter. The Board agrees to remit to the Association each month a list of teachers on behalf of whom representation fee deductions have been made. 3.10.3 CHARITABLE ORGANIZATION DEDUCTIONS Any teacher claiming a bonafide religious objection shall notify the Association and the Board of such objection in writing within ten days of commencement of employment. If there is a disagreement in regard to the religious objection, final determination of religious objection shall be decided by P.E.R.C. Pending determination of any bonafide religious objection the Board agrees to deduct from the salary of the teacher claiming such objection an amount equivalent to the Association dues and assessments; provided, however, that said monies shall not be transmitted until such time as the Board is notified that a final determination pursuant to the Act has been made. In the event that it is finally determined that the teacher does not have a bonafide religious objection, the Board agrees to promptly remit to the Association all monies being held. In the event that a teacher has been determined to have a bonafide religious objection to the payment of a representation fee or agency fee, said teacher shall pay an amount of money equivalent to regular dues and fees to a designated charitable organization as heretofore established by the Association. Within ten days of the commencement of employment or determination of bonafide religious objection, whichever occurs later, said teacher may assign and deliver to the Board an Assignment of Wages Form for Religious Objection which is attached hereto (Appendix B) and incorporated into this Agreement, which shall authorize the deduction of an amount equal to the dues and assessments of the Association and payment in installments as herein provided above, including any deductions made but not transmitted to said designated SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 5 charitable organization. The Board agrees to remit to the Association each month a list of teachers on behalf of whom charitable deductions have been made. Any certificated staff member who was an Association member during the 1977-78 school year, and who was not a member on August 31, 1978, shall be exempted from the provisions of this section. 3.11 STAFF CENTERED RESTRUCTURING For the purpose of implementing the suspension of any provision of this contract, as provided below, the parties agree that the following definition of Staff- Centered Restructuring will be met. Staff-Centered Restructuring is a process which provides for a joint planning and problem solving process that seeks to improve the quality of working life and education by insuring all certificated employees at each work site an equal role in the decision making process on issues affecting the improvement of the quality and effectiveness of education. The process shall ensure equal involvement of all certificated employees in defining problems and opportunities, brainstorming alternatives, gathering and analyzing data, proposing and evaluating solutions, and making decisions with respect to the design and delivery of the instructional program in that school. The parties recognize and agree that employees at alternative education sites, while adhering to the hours specified in 7.1 on a weekly basis and the days specified in 4.8.2 on a yearly basis, may have different schedules from other employees. If during the life of this Agreement, a building staff desires to recommend suspension of certain provision(s) of this Agreement in order to accomplish restructuring of the educational program at their building the following procedure shall be used: a. The recommendation must be presented to the SWEA Representative Council prior to the voting process in b. below. b. Only bargaining unit members at the building may be present for discussion and voting on the recommendation. Voting will be by secret ballot. c. In order to advance the recommendation to the Superintendent, a two-thirds majority of those present at the meeting referred to in b. above must be in favor of the proposal. d. Within five days of the recommendation, the Superintendent will inform the building staff of the District's decision to either accept or reject the recommendation. The Superintendent's decision(s) here and in e. below is final and binding and is not subject to the grievance procedure contained in this Agreement. e. The suspended provisions may be restored by a two-thirds majority vote of the affected staff per the procedure in b. above. Such restoration will take place immediately unless, in the judgment of the Superintendent, the restoration results in harm to the building's educational program. In any event, the restoration of the Agreement provisions will take place no later than the beginning of the subsequent school year. Only those contract sections affecting workday, work year, and workload shall be open for suspension under this provision. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 6 CHAPTER 4 TEACHER RIGHTS 4.1 INDIVIDUAL RIGHTS Employees shall be entitled to full rights of citizenship. There shall be no discipline or discrimination with respect to the employment of any person because of such person’s age, sex, marital status, race, creed, color, national origin, domicile, sexual orientation, political activity or lack thereof, or the presence of any sensory, mental or physical disability (unless based upon a bona fide occupational qualification, provided that, the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved), or other extraneous factors. The District may take such actions as necessary to comply with the Americans with Disabilities Act. 4.2 RIGHT TO JOIN AND SUPPORT ASSOCIATION Employees shall have the right to self-organization, to form, join or assist employee organizations, to bargain collectively through representatives of their own choosing and shall have the right to refrain from any or all such activities. Such rights shall be exercised in a manner consistent with the provision of RCW 49.59. 4.3 FAIR TREATMENT STANDARD No employee shall be disciplined without just cause. The District will follow a policy of progressive discipline which normally will include verbal warning (unwritten), written reprimand, suspension and discharge. The policy of progressive discipline shall be followed unless the seriousness of the offense warrants a more severe punishment. In any case, the penalty shall be appropriate to the violation. A teacher shall be entitled to have present a representative of the Association during any disciplinary action proceeding. When a request for such representation is made, the teacher shall be afforded a reasonable opportunity to secure such representation. Matters of teacher discipline may be grieved through the grievance procedure. Whenever written or verbal complaints, which could result in disciplinary action, are made against a teacher they will be shown to or called to the attention of the teacher within a reasonable length of time. Any such complaint not so revealed to the teacher may not be used as a basis for disciplinary action against a teacher. If the District plans to refer an employee to O.S.P.I. for ethics violations, the Association and the employee must be given 5 working days notice in advance of the referral unless immediate notification is required by law. The parties agree that these provisions may be waived if they conflict with the law or privacy requirements of the Child Protective Services Agency. Certificated staff may request their children attend school in the Sedro-Woolley School District outside of their normal attendance area as per the District procedure regarding this practice. Upon request, certificated staff will be informed of the District Out of Area Attendance Request procedure as it applies to students in their classroom. 4.4 PROFESSIONAL RIGHTS AND RESPONSIBILITIES The District agrees that within the limits prescribed by the District's adopted curriculum generally, no special limitations will be placed upon study, investigation, presentation, and interpretation of facts and ideas concerning those areas of learning included in the curriculum except as provided in this Chapter. Professional rights and responsibilities include a commitment to the democratic tradition; a concern for welfare, growth and development of children; and an insistence upon objective scholarship. The rights of professional responsibilities shall be exercised in a manner consistent with the maturity of pupils and their ability to deal with the content being studied. Accordingly the District agrees as follows: 1. The Board has the legal responsibility to approve all instructional materials and teachers' reading lists used in the District. All such material shall be selected in a manner consistent with the District's instructional materials policy. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 7 2. 3. 4. 5. The employee is responsible for the selection of instructional techniques and for the effectiveness of such instruction. It is the responsibility of the employee's supervisor to counsel and assist the employee in the selection of instructional techniques appropriate to the instructional situation. No mechanical or electronic device shall be installed in any classroom, or brought in on a temporary basis which would allow a person to listen to or record the procedures in any class except by permission of the teacher. Equipment currently installed within buildings to allow communication between classrooms and the office shall not be used to listen in on classes without permission of the teacher. The following guidelines will be followed by employees in dealing with controversial issues in classroom: a) The issues being discussed must be relevant to the course in which instruction is taking place. b) The different points of view on the issue should be presented fairly and without bias. c) The information presented must be consistent with the background and maturity of the pupils. Decisions for promotion, retention, or placement of students will be made in accordance with board policy/procedure/form 2421, 2421P, & 2421F that includes a process for consultation with all involved parties. The ultimate responsibility for promotion, retention, or placement of students rests solely with the SWSD and not the individual teacher. 4.5 OFFICIAL PERSONNEL FILE Only one official personnel file shall be maintained anywhere in the school district, located in the Human Resources Office. Employees shall have the right to review by prior appointment, all materials in their official personnel file, in the presence of a District representative during normal administrative center business hours. No evaluation, correspondence, or other material making any reference to the employee's competence, character or manner, shall be placed in the official personnel file without the employee's knowledge and right to attach written comments, and signature, which shall acknowledge that the material has been read. Such signature does not necessarily indicate agreement. Upon request, a copy of any document contained in the file shall be afforded the employee at the employee's expense. No derogatory material shall remain in the teacher's official personnel file for more than five (5) years from the date of entry with the exception of those required by statute. Verbal warnings and non-disciplinary correspondence (letters of direction, etc.) shall not be placed in the official personnel file. Derogatory material not shown to the employee within twenty (20) teaching days after receipt may not be placed in the employee's official personnel file, or used as evidence in disciplinary actions or evaluation. Such material must be dated and signed by the employee before placement in the official personnel file. The employee shall have the option of including a personal statement and/or other evidence relating to the derogatory material, providing that such statement and/or evidence is attached within twenty (20) days of the date the material was signed. In addition, the presence of the derogatory material may be grieved, and if the arbitrator finds in favor of the employee, such material will be destroyed. 4.6 EMPLOYEE WORKING FILE Administrators may maintain written and/or electronic working files on individual employees, which may include meeting minutes or notes, correspondence, observation worksheets, etc. Employees shall have the right to review by prior appointment, materials in their working file, in the presence of a District representative during normal business hours. 4.7 TEACHER PROTECTION The District agrees to provide employee insurance as required by Washington State Statute. For the duration of this Agreement, the Board agrees to maintain the employee with liability insurance policies as required by statute at the present level of coverage. The Board agrees to provide insurance to replace clothing damaged as a result of non-aggravated assault or vandalism up to the limits of the insurance policy ($500 maximum, $10 deductible) in effect at the time of the non-aggravated assault or vandalism. 4.8 DISCIPLINE SUPPORT In accordance with RCW 28A.400.110 and RCW 28A.600.020, the teacher shall have the responsibility and right to maintain good order and discipline in the classroom and on school premises at all times. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 8 The administration and the Board shall support and uphold its teachers in their use of prudent disciplinary measures and in their effort to maintain and provide for a sound-learning environment. Toward this end the following shall be guaranteed to all teachers: 1. 2. 3. 4. 5. 6. Each building shall have an administrator responsible for discipline support. In the buildings in which a principal is assigned, the principal shall be in charge of discipline support. In situations in which there is no principal assigned, the Superintendent shall designate an administrator in charge of discipline support and shall notify the teachers within such buildings of the person so designated. It shall be the responsibility of the individual identified in item 1 of this section to ensure that the above mentioned RCW's are adhered to, and to ensure that the meetings outlined in item 3 below occur. It shall further be that person's responsibility to inform teachers of student disciplinary actions resulting from disciplinary referrals of those teachers. Annually, the principal/designated administrator and the certificated employees in each school building shall confer for the purpose of developing, renewing, or both, written building discipline plans and procedures. Building discipline plans will contain procedures for dealing with disruptive students in individual classrooms. Such review shall include distribution of applicable RCW's, WAC's, and Board Policy. The following should be included and reviewed: a. Guarantee that a disrupter may be excluded from class for all or any portion of the balance of the school day or until the principal/designee and teacher have conferred, whichever occurs first. b. Guarantee that the teacher and principal/designee confer prior to the return of the disrupter and will work together to comply with applicable RCW’s, WAC’s, and board policy as now constituted or subsequently amended. c. Guarantee that an area will be provided in each building where students who have been excluded can report. d. Guarantee that, unless in emergency situations, the removing teacher can provide evidence of at least one or more alternative forms of corrective action(s) prior to removing student. e. Information concerning where and when appropriate force can be used. Prior to admittance to classrooms, receiving certified employees will immediately be given all information available concerning students. This will include suspension/expulsion for any serious offenses, and include the intervention and behavior modification program or the equivalent. Employees having concerns about general or specific student discipline issues may request a meeting with the appropriate administrator/designee. If such a meeting is requested, it will occur at a mutually agreeable time. The District shall adhere to Board Policy and state law as it relates to violence against employees. 4.9 INDIVIDUAL TEACHER CONTRACT All individual employee contracts shall be in accordance with Washington State Law and the terms and conditions of this contract. The following contracts shall be issued: 1. Continuing Contract: Employees who have completed their provisional status per RCW 28A.405.220 are conclusively presumed to have been reemployed by the district for the next ensuing term subject to the provisions of RCW 28A.405.210. 2. Provisional Contract: Provisional year 1, Provisional year 2, and Provisional year 3 contracts are awarded to provisional employees and are subject to nonrenewal of their employment contract during the first three years of employment, unless: (a) The employee has previously completed at least two years of certificated employment in another school district in the state of Washington, in which case the employee shall be subject to nonrenewal during their first year of employment; or (b) the employee has received an evaluation rating below level 2 on the four-level rating system established under RCW 28A.405.100 during the third year of employment, in which case the employee shall remain subject to the nonrenewal of their employment contract until the employee receives a level 2 rating; or (c) the Superintendent may remove an employee from provisional status if the employee has received one of the top two evaluation ratings during their second year of employment by the District. 3. Leave Replacement Contract: Leave replacement employees replace regular employees on extended (longer than 30 days) leave and are considered regular employees and do not count toward continuing or provisional status as per RCW 28A.405.900. These contracts are offered for a term of up to one school year. 4. Retire/Rehire Contract: Previously retired employees within the state of Washington retirement system are offered contracts subject to the collective bargaining agreement and on the same terms as other one-year leave replacement employees as per Board Policy 5001 and per RCW 28A.405.900. These contracts are offered for a term of up to one school year. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 9 4.9.1 COPIES OF CONTRACT Three copies of a contract shall be given to the employee each year for signature. One is retained by the employee at the time it is signed. Two are forwarded to the District office to be signed by the Board. One of these copies is then placed in the employee's personnel file, and the second copy is returned to the employee. 4.9.2 TIME, RESPONSIBILITY, AND INCENTIVE (TRI) STIPEND/ADDITIONAL PAID DAYS TRI STIPEND The Sedro-Woolley School District and the Sedro-Woolley Education Association agree and affirm the following beliefs: 1. 2. 3. 4. 5. The success of the District is dependent upon hiring and retaining the highest quality certificated staff. Providing a quality education for students requires from certificated staff a commitment of the profession beyond the basic contract, normal workday hours, and school year. State law allows additional compensation for additional time, additional responsibilities, or incentives. The additional commitment required of the Sedro-Woolley certificated staff cannot be accurately measured in hours or days. The time necessary to fulfill any one certificated staff member’s responsibilities will vary from that of another, as determined by the individual’s own professional judgment. For the reasons stated above, the District will provide a stipend as defined in the TRI Stipend schedule in Appendix C as an incentive to provide the additional services listed below which fall outside the basic contract. A part-time employee will be compensated in the same ratio that their service bears to full-time service. Payment for the TRI Stipend will be in twelve (12) equal payments. During the duration of this agreement, salaries will have the following changes: 1. 2. 3. For the 2013-14 school year, TRI pay will increase by 1.9% of the 2012-13 base pay (SAM). For the 2014-15 school year, salary will increase by a guaranteed 2.0% through a combination of State Flow Through Funding (SFTF) and/or an increase in TRI pay based on the 2013-14 base pay (SAM). For the 2015-16 school year, salary will increase by a guaranteed 2.0% through a combination of SFTF and/or an increase in TRI pay based on the 2014-15 base pay (SAM). The TRI stipend recognizes that employees provide a professional responsible level of service in the following areas which are beyond the basic contract: 1. 2. 3. 4. 5. preparation of the classroom or workspace before, after, and during the school year for quality instruction or support of instruction; building activities outside the workday, such as fall and spring open houses, curriculum nights, parent education nights, school and community functions, and concerts; self-reflection, goal setting, and related professional growth activities such as workshops, classes, conferences, seminars or research projects; grade level, department, building, job-alike and/or District committees, task forces, processes, and activities; and fulfillment of basic contract expectations that may fall outside the regular workday such as planning of instruction and curriculum, the evaluation of student work, the preparation of student assessments, the preparation of summative progress and grade reports for timely distribution, IEP and Section 504 meetings, and communicating with parents and students. Employees shall document the completion of these activities on a mutually-agreed upon form once a year. Additional Paid Days Employees will work an additional three (3) District-funded days beyond the contracted basic education work year (defined as 180 days) found in Appendices F, G & H, in accordance with the following: 1. 2. 3. One building-directed day before the first student day. One District/building-directed day before the first student day. One teacher-directed day the day before the start of school for teachers to prepare their room. Compensation for the additional District-funded workdays will be based on the individual employee’s per diem on the regular salary schedule. The Parties further acknowledge that this provision is funded by Maintenance and Operation (M&O) Levy SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 10 dollars. In the event of a double M&O Levy failure, the District and the Association will look to alternative funding sources to include but not be limited to funds generated by increased student enrollment. If it is determined through this process that the District has the monies available for continued funding, this provision will continue. If however, it is determined through this process the full amount is not available, the parties will negotiate a reduction of the above amount. Upon the restoration of the above monies, the parties will collaborate on full restoration of the dollars. Additionally, full-time Special Education teachers who are responsible to provide instruction to students on the first day of school will have two (2) supplemental contracted days. All other full-time Special Education teachers will have one (1) supplemental contracted day. These days are for preparation at the beginning of the year, report card preparation for IEP students, and IEP evaluation at the end of the year. 4.9.3 RELEASE FROM CONTRACT Teacher resignations will not ordinarily be accepted after July 1 unless a suitable replacement can be found before the resignation is to be accepted. 4.9.4 JOB CORPS EXTENDED YEAR CONTRACT The parties agree that some Alternative Education teachers are teaching in positions which follow the year-round Job Corps calendar. The classes taught by these teachers extend beyond the regular work year as defined in Sections 3.11 and 4.8.2 of the Collective Bargaining Agreement. Teachers in such positions shall have the option to teach any or all extended year workdays. Such teachers shall provide a written proposal to their supervisor by April 15th indicating the extended year days they do not wish to work during the following summer. Final extended year work calendars will be developed by May 1st based on mutual agreement between the teacher and their supervisor. Teaching days worked beyond the regular work year will be compensated at the employee’s per diem rate documented through District Extra Hours forms. All regular earned leave will be available to teachers during the extended year schedule. Replacement teachers will be hired to teach during the summer extended year to cover times when the regular teacher has requested time off. Since this is a year-round program, teachers may choose to schedule their regular work year with breaks in the middle rather than all of their break time being in the summer. Such breaks will be incorporated into the teacher's unique work year calendar based on the regular number of workdays as defined in Section 4.8.2 of the Collective Bargaining Agreement. Such breaks, up to thirty (30) consecutive workdays, will be substituted as defined within the District’s normal policies for hiring substitutes. If the break extends beyond thirty (30) consecutive workdays, the District will post the position and hire a shortterm replacement teacher. 4.10 SUPPLEMENTAL CONTRACTS Supplemental contracts with accompanying job descriptions shall be issued for District extra-curricular assignments. The job descriptions shall specify the hours and days to be worked under the supplemental contract. Acceptance of any supplemental contract shall be completely voluntary. Alternative Education summer extension positions and Alternative Education on-going instructional opportunities are considered supplemental positions. 4.10.1 TERMINATION Notification for termination of a supplemental contract shall be submitted in writing by the employee or employer by May 30 of the contract year. If a notification of termination is given by the employer, the request must include a written statement of the reasons for termination, specifying which portions, if any, of the job description were performed in an unsatisfactory manner. Both parties recognize that the supplemental contract is not covered by the continuing contract law. 4.11 ASSIGNMENTS, TRANSFERS, VACANCIES, AND OPEN POSITIONS 4.11.1 QUALIFICATIONS To assure that pupils are taught by employees working within their areas of competence, employees shall not be assigned except in accordance with the regulations of the State Board of Education, to subjects, grades, and/or other classes outside their teaching certificates and/or their major or minor fields of study or qualification in specialty areas. In the determination of assignments and transfers, the convenience and work of the employee shall be considered to the extent that these considerations do not conflict with the District's educational program. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 11 4.11.2 NOTIFICATION/DEFINITIONS To assure that employees (including those in the layoff pool) are given every consideration in filling any open positions, which occur at any time within the District, the following definitions and procedures shall be used: Definitions: (a) Assignment: A placement of duty within a building in the District (b)Transfer: A placement of duty from one building to another building within the District (c) Vacancy: A vacancy occurs when an employee resigns, retires, is terminated or is granted a leave of absence in excess of 30 days. The District will determine whether or not a vacancy becomes an open position. (d) Open Position: An open position occurs when the District determines the need for a position due to a vacancy or the need for additional staffing. All open positions will be posted unless filled by a change of assignment, by an employee currently filling a leave replacement position, by employees returning from leave as per 5.4, or by employees from the layoff pool as per 4.11.2.2. 4.11.2.1 PROCEDURES FOR POSTING OPEN POSITIONS All open positions subject to 4.11.1 (d) shall be emailed to the staff with continuing or provisional contracts and the Association at least three District business days in advance of any out-of-District postings. If the open position is not filled in-District, the posting shall be open for a minimum of an additional five District business days for in and out-ofDistrict candidates. The notice shall clearly set forth the qualifications for the position and the procedures for applying. All vacancies or new positions will be posted at the District Office and on the District’s website and shall be filled in accordance with the District Affirmative Action program (approved by the O.S.P.I. and the Human Rights Commission). 4.11.2.2 PROCEDURES FOR RE-EMPLOYMENT FROM THE LAYOFF POOL When an open position occurs for which persons in the layoff pool qualify, such persons shall be assigned the position per procedures outlined in 7.4.8 prior to any out-of-district employment. 4.11.2.3 PROCEDURES FOR OPEN POSITIONS THAT OCCUR DURING SUMMER VACATION To assure that employees are given every consideration in filling any open positions which occur during the summer months, it is the employee’s responsibility to provide the Human Resources office with a summer phone number/address or email address, if they are unable to access District email, where they can be reached at within three (3) District business days. 4.11.3 PROCEDURES FOR TEACHER INITIATED TRANSFER/CHANGE IN ASSIGNMENT Teachers who desire consideration for transfer to another position in another building within the district for the upcoming school year shall notify the Executive Director of Human Resources in writing/email at any time. Teachers, who desire consideration to change their assignment within their building, shall notify their building principal in writing/email at any time. Employment of any new employee for a specific position shall not be made until all current employees with a pending request in writing/email for transfer/change in assignment have been considered and interviewed by the District/building administration. Open positions will be considered but not necessarily granted in the following order: in-building change in assignment requests, in-District transfer requests or re-employment from the layoff pool, and then out-of-District candidates. District/building administration shall make all placement decisions. 4.11.3.1 IN-BUILDING CHANGE IN ASSIGNMENT REQUESTS IN WRITING/EMAIL. 1. The teacher making the request in writing/email will meet with the building principal and/or committee who has an open position for which the teacher qualifies. 2. The building principal and/or committee will determine whether or not to change the assignment of the employee without opening the position to candidates from outside of the building. 3. If it is determined that the position will be opened to candidates outside of the building, the employees who qualify for the position will be guaranteed an interview. 4.11.3.2 IN-DISTRICT TRANSFER REQUESTS IN WRITING/EMAIL. 1. The teacher making the request in writing/email will meet with any building principal and/or committee who has an open position for which the teacher qualifies. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 12 2. 3. The building principal and/or committee will determine whether or not to transfer the employee without opening the position to other in-District or out-of-District candidates. If it is determined that the position will be opened to other in-District or out-of-District candidates, the employees who qualify for the position will be guaranteed an interview. As soon as assignments have been made, the Executive Director of Human Resources shall notify each employee in writing/email whose request for a transfer was not granted. If the employee requests, the Executive Director of Human Resources will schedule a conference with the employee to discuss the specific reasons for the denial of the transfer. 4.11.4 PROCEDURE FOR INVOLUNTARY TRANSFERS OR INVOLUNTARY CHANGES IN ASSIGNMENT 4.11.4.1 INVOLUNTARY TRANSFER Initially the District will seek out volunteers for transfers. An involuntary transfer will be made only in case of an emergency, to prevent undue disruption of the instructional program, or to enhance the best interests of the instructional program. Teachers shall be transferred only to positions for which they are qualified under Washington State Certification requirements. Except in emergencies, at least ten days written notice shall be given the teacher who is to be transferred. However, transfers will be tentative until the affected teacher has had the opportunity to appeal the decision through the grievance procedure. Teachers, who are transferred involuntarily due to an emergency, shall be allowed to return to the position they were transferred from when it becomes open. Non-Emergency Involuntary Transfers will happen in the following order: 1. An Open Position will be posted for 3 days in-District to seek out volunteers for the transfer. 2. Any volunteers who apply will be considered. 3. The District/principal/director will determine which staff member will transfer to the open position. 4. If it is decided to involuntarily transfer an employee, he/she will be asked to take a voluntary transfer to the position and if they refuse, may be involuntarily transferred to the position. 5. If requested, the Superintendent shall notify the affected teacher in writing/email of the reason for the transfer. 4.11.4.2 INVOLUNTARY CHANGE IN ASSIGNMENT Initially the principal/director will seek out volunteers for known or anticipated changes in assignments. An involuntary change in assignment will be made only in case of an emergency, to prevent undue disruption of the instructional program, or to enhance the best interests of the instructional program. Teachers shall be assigned only to positions for which they are qualified under Washington State Certification requirements. Teachers, whose assignment was changed due to an emergency, shall be allowed to return to their previous assignment when it becomes open. Non-Emergency Involuntary Changes in Assignment will happen in the following order: 1. An email will be sent to building staff to seek out volunteers for the change in assignment. 2. Any volunteers who respond will be considered. 3. The principal/director will determine which staff member will have their assignment changed. 4. If it is decided to involuntarily change the assignment of an employee, he/she will be asked to voluntarily change their assignment and if they refuse, may have their assignment involuntarily changed. 5. If requested, the principal/director shall notify the affected teacher in writing/email of the reason for the change in assignment. 4.11.5 ASSIGNMENT OF SPECIAL PROGRAM PERSONNEL Special Programs shall be exempt from Section 4.11.4. For the purpose of this agreement special programs shall be defined as: Special Education, Highly Capable, Alternative School, Title I, LAP, Migrant, Bilingual, ELL, and Visions Class. The parties recognize the District's right to institute other Special Programs not specified above. 4.11.6 TRANSFER TO NEW SCHOOL In the event a new school is constructed causing an existing facility to change locations the affected faculty will move to the facility. 4.11.7 JOB SHARING Job sharing shall be defined to describe the situation whereby two (2) certificated employees voluntarily agree in writing to share one (1) position that would normally be filled by one (1) employee. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 13 Job sharing shall be available to employees. Current employees who wish to job share shall indicate in writing to the Director of Human Resources by March 1 of their desire to job share for the ensuing school year. Job sharing will be for at least one (1) school year. The proposed teaching combination and teaching schedule must have the approval of the Superintendent and/or designee annually. If the identified need cannot be worked out at the building level, the employee can continue to pursue a solution at the District office. 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 the Superintendent and/or designee. A job sharing certificated employee will be granted a leave of absence for that portion of full FTE not worked but shall be paid the regular employee contract rate based on a prorated percentage equal to the percentage their FTE relates to a full-time FTE and FTE benefits. An employee wishing to continue in the job shared position after three (3) consecutive years in such position must resign that portion of full FTE not worked or conclude the leave of absence and return to the employment FTE status she/he had prior to the shared position. 4.12 CLASSROOM MOVING EXPENSES Teachers requested by the District to move to another teaching location due to a program change, enrollment increases, or space limitations, will receive $200.00 for the move. The teacher will be responsible for packing and labeling all items to be moved and for leaving the classroom reasonably clean. The teacher may choose to transport his/her items or have the District assist in the move. If the District assists in the move, it will ensure that all items are moved to the new location in a timely and efficient manner. Teachers whose request for a room change is approved will not qualify for compensation. 4.13 EMPLOYEE ASSISTANCE PROGRAM (EAP) The District will make available to employee's access to an on-call referral service, which will assist and advise employees as to various local providers of counseling services, drug and alcohol treatment programs and facilities, etc. 4.14 SAFE WORKING CONDITIONS To ensure safe working conditions the following will take place: 1. The District Safety Committee composed of one school district employee per building, will meet quarterly to review workplace accidents and any issues concerning safety. Minutes are posted at each building. 2. Upon discovery of an unsafe or hazardous condition a teacher shall promptly bring said condition to the attention of the building administrator. The administrator shall promptly investigate the alleged unsafe or hazardous condition and then shall promptly make a determination as to whether such condition exists. If such a determination is made the employee shall not be required to work under the unsafe or hazardous condition. If the reported condition is unresolved, the issue may be brought to the attention of the District Safety Committee chairperson for committee review. The District agrees to comply with all local, state and federal regulations as required. 3. There will be a Building Crisis Plan at each building covering such concerns as providing support for staff faced with potentially dangerous situations, lockdowns, dealing with intruders and/or unwelcome visitors, and threats, which may result in serious harm to anyone at the building. This plan will be provided to each staff member and reviewed for understanding and clarification at a meeting, which all building personnel will attend. 4.15 LABOR MANAGEMENT The purpose of the SWSD/SWEA labor-management meetings shall be to solve contractual and non-contractual problems and discuss concerns expressed by constituents and build a strong and positive working relationship through a collaborative problem solving approach. During the 2009-2010 school year, this process shall not supercede current contract language, but will be used to provide a structure to investigate workload/caseload issues relevant to librarians, counselors, psychologists, speech language pathologists, and special education staff with the goal of finding solutions to address the identified concerns. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 14 CHAPTER 5 LEAVES 5.1 PAID LEAVES 5.1.1 ILLNESS, INJURY, AND EMERGENCY LEAVE At the beginning of each school year, each certificated employee shall be credited with an advance leave allowance of twelve days to be used for absence caused by illness, injury, or emergency. Included in illnesses are those caused by, but not limited to, pregnancy, miscarriage, abortion, childbirth and recovery therefrom. Emergencies are described as events of an unforeseen nature, suddenly precipitated or non-predictable. The unused portion of illness, injury and emergency leave shall accumulate from year to year, as per state law. Employees may use their accrued Illness, Injury and Emergency Leave to care for their children, husband or wife, mother or father of either spouse, brother or sister, grandparents, foster parents, son or daughter in-law, brother or sister in-law, niece or nephew, grandchild, domestic partner, or any person living in the immediate household as a member of the family with a health condition that requires treatment or supervision. An employee contracted full-time for a period less than a full school year shall be entitled to one day of illness, injury and emergency leave per calendar month worked. Employees contracted part- time for the full year shall be granted illness, injury and emergency leave at the ratio of their contract per month. The District agrees to provide the employees with an accounting (in hours) of illness, injury and emergency leave accumulation at each pay period. After three consecutive days of absence the principal or immediate supervisor may request a written statement from a physician or other medical practitioner verifying the reason for such absence. 5.1.1.1 After Leave is Exhausted An employee who is unable to work because of personal illness, injury, quarantine or emergency and who has exhausted all illness, injury and emergency leave shall: 1. Continue to receive the District's insurance contribution for the duration of the contract year. If the employee continues to work after sick leave is exhausted, the District shall continue to provide insurance contributions to the employee in the same amounts and manner as it had before sick leave was exhausted. If the employee is unable to return to work after sick leave is exhausted, and is granted an extended medical leave, the premiums for his/her insurance shall be paid by the District out of the insurance pool described in Section 6.17 of this Agreement. 2. Receive an experience increment for salary schedule placement for each contract year credited subject to recognition by O.S.P.I.. 3. Have the option to return to work when able, and be retained on the certificated staff for the following school year. 4. Leave Sharing - an employee who has an accrued sick leave balance of more than one hundred seventy-six (176) hours or any personal leave balance is allowed to transfer that leave to another employee as per board policy 5406, WAC 357-31-425 and RCW 41.04.665. Certificated employees cannot donate sick leave days that would result in his/her accumulated sick leave going below one hundred seventy-six (176) hours. Recipients of said leave cannot receive in excess of one thousand two hundred sixty (1,260) hours. Appeals for additional leave sharing may be made to the superintendent or designee. 5.1.1.2 Cash Out Employees may cash out unused leave in excess of sixty days credited during the previous calendar year at a ratio of one full day's pay for each four days of excess leave. Application for cash out must be made during the January following the calendar year in which the days were accumulated. At the time of separation from the District due to retirement or death, an eligible employee or his/her estate shall receive remuneration at the rate of one day's pay for each four days of accumulated leave. The following formula shall be used to determine the amount due an employee upon cash out: (eligible days /4) x daily rate of pay. In the case of part-time employees, eligible days shall be the number of eligible partial days and the daily rate of pay shall be the actual daily pay rate. 5.1.2 INJURY WHILE ON DUTY In the event of a period of absence due to injury or occupational disease resulting from an employee’s employment with the District, the employee has the right to elect to either use their available illness, injury, and emergency leave or take unpaid leave for the period of absence. If the employee chooses to use their available illness, injury, and emergency leave, they will submit to the District any time loss payments they receive for that time period. The employee may either endorse the time SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 15 loss payment to the District or the amount may be deducted through payroll. The District will credit the employee’s illness, injury, and emergency leave for the amount of leave the time loss payment equals based on the employee’s hourly rate. If the employee chooses to use unpaid leave for the period of absence, they will keep any time loss payments they receive. If an employee chooses to be on unpaid leave and retain time loss payments, they are not eligible for District-paid health benefits except as provided by the Family and Medical Leave Act (FMLA) or COBRA. If the employee exhausts all District –paid leave balances, they will retain the time loss benefit payments. All District benefits available to the employees who are not on Injury while on Duty Leave will accrue to the employee on said leave until the illness and injury leave accumulation is totally utilized. 5.1.3 ILLNESS IN FAMILY LEAVE Leaves totaling five days per contractual year shall be granted in case of illness in the immediate family. Immediate family shall include children, husband or wife, mother or father of either spouse, brother or sister, grandparents, foster parents, son or daughter in-law, brother or sister in-law, niece or nephew, grandchild, domestic partner, or any person living in the immediate household as a member of the family. An additional five days may be granted upon approval of the Superintendent in the event of illness of any person living in the immediate household. 5.1.4 PERSONAL LEAVE Each certificated member will receive two (2) personal days per year. Up to five (5) personal days may be accumulated in any given school year. Up to two (2) unused days may be redeemed in any given year via an online form filled out by the employee before the end of the school year to be paid during August payroll. Any employee with seventeen (17) or less years of experience as placed on the SAM may elect up to two (2) unused personal leave days per year redeemed at $150 per day. Employees with more than seventeen (17) years of experience as placed on SAM may elect to redeem up to two (2) unused personal leave days per year to be paid at their per diem rate. Because no more than 5% of the bargaining unit employees shall be permitted to take a Personal Leave day on any given day other than those listed in 5.1.4.1 unless enough substitutes are available, personal leave must be requested online before leave is taken. Employees shall not be required to define the specific reason for the leave taken beyond the phrase 'personal'. 5.1.4.1 PERSONAL LEAVE EXEMPTION Up to 3% of the members may be gone for personal leave the day before or the day after Thanksgiving, winter or spring vacation, or during the last five (5) working days of the school year. Notification for these days needs to be at least five (5) days in advance and cannot be made before September 15 of each year. Personal leave may not be used in conjunction with a deduct day around those days previously mentioned. 5.1.5 BEREAVEMENT LEAVE A leave or leaves totaling five days per contract year shall be allowed in case of the death of any family member, any person living in the immediate household as a member of the family, or a close friend. 5.1.6 JURY DUTY AND SUBPOENA LEAVE A certificated employee shall be granted a leave of absence for jury duty, to serve as a witness at trials or governmental hearings, or to exercise other civic duties as may be required and shall be paid at his regular salary less any compensation received for his services but excluding transportation or any other regularly accepted per diem expenses. Any employee who takes a leave under this policy shall provide a copy of such notice or subpoena as appropriate to establish the need for such leave. 5.1.7 ATTENDANCE AT MEETINGS AND CONFERENCES Absence for attendance at professional meetings with pay may be allowed when approved in advance by the Superintendent/Designee. Applications to attend such meetings, whether approved or denied will be answered by the Superintendent/Designee within 5 days from the date the application is submitted. If the application is denied, the reason for denial must be specified. 5.1.8 EARLY DISMISSAL LEAVE Any teacher who arranges to take an after school class shall be allowed to leave school at the student dismissal time. With the approval of the immediate supervisor an employee may leave the work site earlier than the normal workday for any purpose. 5.1.9 ASSOCIATION LEAVE See Section 3.8.2.1 - Association Business. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 16 5.2 UNPAID LEAVES 5.2.1 PROFESSIONAL LEAVE 5.2.1.1 Further Educational Training Leaves without pay shall be granted to certificated personnel who desire to pursue further educational training. Such leaves, if granted, shall be granted for one (1) year and may be renewable each year thereafter to a maximum of three (3) years. 5.2.1.2 Positions in Other Districts Leave without pay may be granted for certificated personnel taking other certificated positions in other school systems within the state, country, foreign countries or other agencies. Such leaves, if granted, will normally be for one (1) year and may be renewable each year thereafter to a maximum of three (3) years. 5.2.1.3 Non-Teaching Occupations Leaves without pay may be granted for certificated personnel who wish to pursue non-teaching occupations. Such leaves, if granted, will normally be for one (1) contractual year and may be renewable each year thereafter to a maximum of three (3) years. 5.2.1.4 Provisions 1. Application for professional leaves of absence shall be made by staff members in writing to the Superintendent on or before July 1. Upon recommendation of the Superintendent, the Directors will take official action on the leave application. Staff members may submit a request for a leave of absence after July 1, but application must be presented to the Superintendent and acted upon by the Directors prior to the granting of the leave. Prior to release from contract a suitable replacement must be contracted by the district. 2. Any request for an extension of a leave of absence must be in writing and on file with the Superintendent of Schools prior to March 1 of the one-leave year. 3. When on approved leave for further educational training leave only, injury and illness leave and salary advancement will continue as though in regular employment. 5.2.2 MEDICAL LEAVE An unpaid leave of absence for up to one (1) year for medical reasons will be granted upon written application. Verification of the medical reason necessitating such leave must be provided prior to the granting of the leave. Extension of medical leave beyond one (1) year is subject to Board approval. 5.2.3 ASSOCIATION See Section 3.8.2.1 - Association Business. 5.3 OTHER LEAVES 5.3.1 MATERNITY LEAVE Temporary disability leave will be granted for pregnancy. An employee requesting maternity leave shall give written notice to the District as far in advance as possible and at least thirty (30) days prior to commencement of the leave. The request for leave should include: 1. 2. 3. Anticipated date of birth. Estimated date leave is to begin. Estimated date of return from leave. The employee may continue to work until, in the judgment of the employee’s physician, her work or her health are in any way impaired by her condition. Any accumulated Illness, Injury, and Emergency leave shall be granted for maternity for the time the employee’s health care provider certifies in writing that the employee is unable to perform her normal duties as an employee. Additionally, unpaid leave shall be granted in accordance with the Family Medical Leave Act and will be used concurrently with paid leave. In addition Washington State Family Leave Act may provide for additional leave as per state law. 5.3.2 PATERNITY LEAVE SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 17 When a child is new to the household through childbirth, all of the following paid leaves shall be granted to the father of a newborn at the employee’s request: 1. 2. 3. 4. Two (2) days to assist with family adjustment. Any accumulated personal leave days. Illness in the family leave in accordance with section 5.1.3 of the Collective Bargaining Agreement. Additional days in accordance with section 5.1.1 of the Collective Bargaining Agreement. Additionally, unpaid leave shall be granted in accordance with the Family Medical Leave Act and will be used concurrently with the paid leave. In addition Washington State Family Leave Act may provide for additional leave as per state law. 5.3.3 FAMILY ADJUSTMENT FOR ADOPTION/FOSTER CHILD PLACEMENT When a child is new to the household through adoption or foster child placement (up to (2) two per school year), all of the following paid leaves shall be granted at the employee’s request: 1. 2. 3. 4. 5. 6. Four (4) emergency leave days to assist with the placement of the child. Five (5) days or ten (10) half days to be used within thirty (30) working days after placement of the child to assist with family adjustment. The option of ten (10) half days is available for full time employees only. One day for court proceedings. Any accumulated personal leave days. Illness in the family leave in accordance with section 5.1.3 of the Collective Bargaining Agreement. Additional days in accordance with section 5.1.1 of the Collective Bargaining Agreement. Additionally, unpaid leave in accordance with the Family Medical Leave Act shall be granted and will be used concurrently with the paid leave. In addition Washington State Family Leave Act may provide for additional leave as per state law. 5.3.4 MILITARY Military leave shall be granted in accordance with state and federal law. 5.3.5 CIVIC/VOLUNTEER It is the intent of the parties to support participation in civic engagement, meaning staff are working to make a difference in the civic life of our communities and developing the combination of knowledge, skills, values and motivation to make that difference. This leave shall be granted for one teaching day only for attendance at a civic event or as a volunteer at approved events (i.e. participation in Challenge Day, Special Olympics, Food Bank, Sedro-Woolley Schools Foundation, etc.) in an official capacity, provided that the teacher has notified the principal or immediate supervisor of intent to attend said event. Normally, a request for this leave must be made in writing to the immediate supervisor 15 days prior to the requested leave date. Any additional teaching days will be deducted at the substitute's actual rate of pay. 5.3.6 OTHER Requests for leaves other than those specifically named in this chapter may be directed in writing to the Board and the Board may consider each request on its merits. 5.3.7 WITHOUT PAY If a certificated employee is granted a leave for any reason that is not covered in this Agreement, a deduction of one day's pay shall be made for each day's absence beginning with the first day. These deductions shall be pro-rated over the remainder of the contract year. 5.4 RETURN TO SAME POSITION Upon return from any unpaid leave, re-employment may be assured in the same or like position if the District is notified by letter from the on-leave staff member of his/her desire to return to the position held prior to the leave by March 1 of the year in which the leave of absence would expire. Prior to final decision of placement, the principal and/or Executive Director of Human Resources will have a conference with the employee on leave to discuss placement options. The decision regarding placement will take into account the needs of the district and the desires of the employee. Reasonable attempts will be made to notify the employee of the final room placement and/or teaching assignment decision for the next year before it becomes public knowledge. Specific reasons for room placement and/or teaching assignment decisions will be communicated to the employee. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 18 CHAPTER 6 SALARIES, STIPENDS, AND BENEFITS 6.1 TEACHERS' SALARY SCHEDULE (SAM – Salary Allocation Module) 1. All teachers regardless of field or level taught, will be placed on the appropriate teachers' index salary schedule (Appendix C). Increments for experience, education, and Master's degree will be in accordance with the index shown on the salary schedule. 2. Teachers who work extended year contracts (longer than the basic contract) shall be paid on a per diem basis of the teacher's basic contract pay rate for each additional day worked. The District will report supplemental contracts for extended days as pay for extra-curricular duties, not annual salary. 3. Teachers will be given experience increments subject to recognition by the Office of the Superintendent of Public Instruction for experience increments. 4. Newly certificated teaching staff shall be granted credit for placement on the salary schedule for all hours recognized by O.S.P.I. for salary placement. 5. In order to be eligible for further experience increments on the salary schedule, certificated personnel must earn a minimum of seven (7) quarter hours of credit as per the next paragraph, every five (5) years; provided that this paragraph shall not apply to certificated employees who have reached placement at BA + 135 credit hours. 6. Movement on the salary schedule will be subject to recognition by the Office of the Superintendent of Public Instruction for salary advancement. 7. It shall be the teacher's responsibility to see that the District Office is notified prior to July 1 if a new educational increment is anticipated to be applied for that contract year. Transcripts or other official documents substantiating the new credits are to be on file prior to September 15 of that same school year. Notification of salary schedule placement shall be provided to each teacher with the October paycheck. 8. Teachers hired from out of state shall be given the same consideration for salary placement, rights and benefits as those hired from within state or those presently working for the District. 9. Classification on the salary schedule for experience shall be for the full school year except that upon discovery, errors in placement shall be corrected in a timely manner. 10. Placement of Vocational-Technical teachers on the salary schedule shall be in accordance with Section 6.2. 6.2 VOCATIONAL TECHNICAL SALARY PLACEMENT All certificated vocational technical teachers who teach in a trade and industry program shall be placed on the certificated staff salary schedule with the following provisions: 6.2.1 INITIAL PLACEMENT Initial placement for an individual with a B.S., B.A., or valid Vocational Certificate from O.S.P.I. and a valid journeyman's classification from a state accredited vocational-technical institute, with both in the same area of specialization; and with approval of appropriate trade and industry council; will be commensurate with the training and experience specified in 1 through 3 below: 1. For each year of training or work experience subsequent to attainment of journeyman status within the area of specialization of his vocational certificate, the individual shall be granted the equivalent of one year's experience on the certificated staff salary schedule. 2. Initial placement shall be for all hours recognized by O.S.P.I. for salary placement. 3. For every ten hours of classroom instruction earned after acceptance in an approved apprenticeship program in an approved technical or industrial training program, the individual shall be granted one credit hour toward educational advancement on the certificated staff salary schedule. 6.2.2 ADVANCEMENT After initial placement, the individual will advance both in education and experience in the same manner as other employees on the certificated salary schedule, provided that each ten classroom hours of approved technical or industrial training earned subsequent to initial placement on the certificated staff salary schedule be equal to one credit hour on the certificated staff salary schedule. Credit for courses taken in a regular college program shall be granted in the same manner as for other employees on the certificated staff salary schedule. After initial placement, experience increments will be confined to one year of experience for each year of teaching experience in the District. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 19 6.2.3 OTHER PROVISIONS After initial placement, vocational-technical teachers shall be subject to the negotiated policies, except as otherwise provided in this Agreement, applicable to all certificated personnel in any and all areas of salary schedule placement, fringe benefits, and leaves and rights. It is the intent of this policy that vocational-technical teachers will not be employed in the District who do not have valid Vocational-Technical Certificates for the State of Washington. 6.3 SALARY Employee salaries (exclusive of supplemental and extended contracts) shall be paid according to a salary schedule (Appendix C) which is the same as the current Statewide Salary Allocation Model (SAM), TRI pay (Sec. 4.9.2, Appendix C & D), and District Funded Days (Sec. 4.9.2, Appendix C & H). For the duration of this Agreement, if the Statewide Salary Allocation Model is modified, the Association at its option may reopen negotiations on this section of the Agreement. 6.4 PAYROLL DEDUCTIONS All salaries are subject to payroll deductions for: 1. State Teacher's or State Employment Retirement System, 2. Withholding Tax, 3. FICA, 4. Absence not provided for by leaves (computed at per diem based on the teacher's annual salary for each day's absence), 5. Labor and Industries Insurance. The following deductions shall be made if authorized by the individual and/or billed by WEA's automatic payroll authorization billing. Each pay check stub shall be dated. 1. Additional withholding tax, 2. Approved medical plans, 3. Approved Salary Insurance, 4. Approved Tax sheltered annuities, 5. Dues, 6. Life Insurance, 7. NEA FCPE 8. WEA-PAC 9. Approved Long and Short term disability insurance, 10. United Way 11 Sedro-Woolley Schools Foundation 12. Section 125 13. WEA/NEA-Retired 14. Washington Schools Retiree Associaion 6.4.1 Voluntary Pay Reduction The District agrees that they will adopt a flexible pay plan pursuant to Section 125 of the Internal Revenue Code. The plan will include only premiums for those policies listed in Section 6.17 (Insurance) of this contract. 6.5 PAYMENT PROVISIONS All teachers shall be paid in twelve (12) equal monthly installments of the contracted salary. All employees will be paid by electronic deposit on the last banking day of the month (Saturday is not considered a banking day). Monthly payroll information will be available online. In the event of a mistake in underpayment, corrections shall be made in a timely manner. When an overpayment is made, the employee shall notify the District and the District may deduct the amount overpaid to the employee under mutually acceptable and agreeable terms. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 20 6.6 OTHER PAY RATES 6.6.1 CURRICULUM RATE Curriculum rate, unless otherwise specified in the Collective Bargaining Agreement, shall be paid for approved work and/or meetings outside of the workday when it does not include direct instruction to a classroom of students. The rate of pay is $203.00 per day or $29.00 per hour. 6.6.2 SUBSTITUTES Substitute employees (as opposed to roving substitutes, which are defined in Section 1.2) shall be paid no less than $105.00 per day. Substitutes who have worked for the District at least twenty (20) days, will be paid at a higher substitute rate starting on the twenty-first (21st) day. Former employees who become substitutes will be paid at a higher substitute rate immediately. If the District chooses to increase the rate of daily substitute pay, all substitutes shall be paid at the same increased rate. Roving substitutes shall be paid at a daily rate of $20 per day more than regular substitutes. Substitute employees who work longer than twenty (20) consecutive days in a specific assignment are considered regular employees and shall be paid at their per diem rate corresponding with their placement on the SAM. (Appendix C). 6.6.3 PAY FOR TEACHERS SUBSTITUTING IN CLASSES DURING THEIR PLANNING TIME Teachers who volunteer to provide substitute coverage in another class during their planning time will be compensated at their per diem rate for the time worked. Every effort will be made to make up lost elementary planning time due to no available specialist. 6.6.4 SUMMER TRAINING If an employee attends a District sponsored summer professional development program, the District agrees to compensate him/her at a minimum of $100 per day. 6.6.5 DRIVER TRAINING PAY Driver training classroom instructors covered under terms of this Agreement shall be compensated at the hourly rate of 1/7th of the employee's daily rate. Behind the wheel instructors pay will increase by the State COLA each year. 6.6.6 PAY FOR SUPERVISION, OUTDOOR CAMPS Teachers who accompany and supervise students at Camp Orkila, Mountain School, or equivalent camp will be compensated at the rate of $70 per night. 6.6.7 PAY FOR INVOLVEMENT IN GRANT ACTIVITIES OUTSIDE THE CONTRACTED DAY Compensation for teacher participation in grant-funded activities outside the contracted day will depend on the nature and extent of the grant. Whenever possible, these activities will be compensated at the curriculum rate. 6.6.8 HOME TEACHING If any employee covered under the terms of this Agreement agrees to be assigned as a home teacher, that employee shall be compensated at the hourly rate of 1/7 of the daily rate of that teacher's salary schedule placement. 6.6.9 SATURDAY SCHOOL PAY The Saturday-School teacher covered under the terms of this Agreement shall be compensated at an hourly rate of 1/7th of the per diem rate for the base salary of the salary schedule. 6.6.10 SUPPLEMENTAL SALARY SCHEDULE The extra pay salary will be determined by placement on Appendix F. Teachers hired from out of state shall be given the same consideration in determining their placement on the Supplemental Salary Schedule as those hired from within the state, or those presently working for the District. The salaries will reflect state flow-through monies from year to year. The parties will establish a joint committee to review and recommend new positions and establish a formula for determining stipends. The Board shall determine whether or not positions shall be established or filled on the Supplemental Salary Schedule. 6.6.10.1 NEW POSITIONS Staff members requesting the establishment of a new position will follow this procedure: 1. Requests for the establishment of a new position shall be directed to the building principal. The requests should include rationale and supporting information. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 21 2. 3. The building principal shall promptly consider the request and forward it with supporting rationale to the Superintendent for his consideration. The Superintendent's recommendation and supporting rationale will then be submitted to the Board for final determination. If the Board determines that a new position will be established, representatives of the District and the Association will meet to establish placement of the new position on the Supplemental Salary Schedule. 6.6.10.2 SUMMER PROGRAM POSITIONS All teaching positions for summer programs will be posted pursuant to section 4.11.1.4. Teachers hired for summer school enrichment positions will be compensated at 93% of their per diem rate. These positions are: Summer Math/Science, Summer Art, and Summer Drama. The rationale for compensating enrichment programs at 93% is because there is no requirement for grades, no parent conferences, the content is for enrichment vs. academic achievement, and the ratio of students to teachers is small. Teachers hired for any other summer program positions will be compensated at their per diem rate. 6.7 TEACHER ASSISTANCE PROGRAM-(TAP) As the parties have a mutual interest in providing meaningful information and experiences to selected certificated employees, they hereby establish a TAP. Employee participation in the program will be voluntary. The TAP will provide on-going support to teachers new to teaching in a supportive program designed by the Associate Executive Director of Learning Programs, Executive Director of Human Resources, SWEA President, and SWEA TAP Coordinator. The funds for this program will provide support for the TAP Coordinator, training for the mentors, release time, and on-going training for the mentees throughout their first year in teaching and continuing through their third year with the school district. Teachers newer to teaching (Level I), new to the District (Level II), teachers in their second year of teaching (Level II), and teachers in their third year of teaching (Level III) will be provided support and/or a designated mentor from the SedroWoolley School District. The participating employee shall not be subject to any additional evaluation process other than that already contained in the collective bargaining agreement. Mentor teachers shall not in any way participate in, or contribute to, the performance evaluation of a teacher they are assisting. The SWEA and the District shall jointly conduct an annual evaluation of the program. The level of support for the mentor and mentee will be determined by a joint District/SWEA TAP committee, based upon the amount of funding available and the structure of the program. Washington State’s Teacher Assistance Program (WSTAP) funds, when available, will be augmented by the District’s monetary contribution, which will be $500 per team for Level II and $200 per individual for Level III. In the event that no WSTAP funds are available, District funds that are available will go to support Level I members only. 6.8 TRAVEL/MILEAGE Employees utilizing their private automobile to travel to out-of-town, pre-approved seminars, conferences, meetings and workshops shall be compensated at the IRS mileage reimbursement rate. Employees with more than one worksite during the school day or who are required to conduct home visits shall be paid mileage at the IRS rate from their first worksite through their last worksite of the day, excepting any non-work related travel. Mileage forms are available in “Public Folders” and each building’s main office. Forms must be submitted on a monthly basis to be signed by the employee’s immediate supervisor and forwarded to the business office by the 10 th of each month to be paid during that month’s payroll. Any form not submitted within 90 days of occurrence may not be honored. 6.9 INSURANCE The District shall provide the maximum dollar amount per month per State Allocated FTE employee to be contributed to approved medical plans and other approved insurance programs based upon the following procedures: 1. Each FTE employee shall be allocated up to the full state allocation per month per FTE. 2. The District shall deduct the premium for long term disability, dental and eye care plans for teachers and their dependents from the allowance. 3. The balance may be applied to medical not to exceed the total monthly allowance. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 22 The District will contribute the full carve-out per month per FTE toward the HCA remittance into the employee insurance pool. If, after November 1, it is determined that the total dollar amount (determined by the number of State Allocated Basic Education FTE's multiplied by the full state allocation multiplied by twelve), less any payments for insurance premiums made under Section 5.1.1 of this Agreement, will not be expended, then the balance shall be distributed equally to the medical insurance premiums of employees whose coverage requires a personal contribution. Approved insurance programs are the following and others may be added per agreement of the parties: 1. Blue Cross (all plans offered) 2. Washington Dental Service Plan IV (or nearest equivalent plan) 3. Blue Cross Vision Plan C, 4. Health Plus, 5. Group Health 6. Washington National Long Term Disability. 6.10 SICK LEAVE CONVERSION 1. Sick Leave Retirement Conversion - An employee retiring may have his/her sick leave buyout payments remitted directly to a sick leave conversion program selected by the Association. Such program will provide reimbursement of medical, dental and vision expenses, if the employee completes the enrollment form and signs a hold harmless provision. Any retiring employee participating in the sick leave conversion program shall hold the District and the Association harmless should the IRS find that the District or the employee is in debt to the United States government for not paying income taxes due on any amount or as a result of the District not withholding or deducting any tax assessment, or other payment on such funds as required by federal law. Neither the District nor the Association makes any representations or warranties with respect to the tax consequences of the program nor to the ability of the program's sponsor or insurer to fulfill its obligations under the program. Any eligible employee who does not wish to sign the hold harmless provision will not be permitted to participate in the plan at any time during the term of this agreement. Any and all excess sick leave, which, in the absence of this agreement, would accrue to such employee during the term hereof, shall be forfeited together with all cash conversion rights that pertain to such excess sick leave. 2. Cash Out - If the retiring employees choose this option they will receive payment from the District for their unused sick leave in accordance with state law. Anyone retiring during the school year will be bound to the option chosen for the prior year. By June 1 the Association will notify the District of the decision of those retiring at the end of the school year which of the above options they agree to. 6.11 NATIONAL BOARD CERTIFICATION SUPPORT/CERTIFICATE OF CLINICAL COMPETENCE SUPPORT The District will reimburse any certificated staff for the costs associated with securing National Board Certification for relevant expenses up to a total of $2000. Employees may access this fund while enrolled in the National Board Certification program. The Business office will inform staff of the specific reimbursement procedures. Employees who secure the National Board for Professional Teaching Standards Certification shall receive an annual stipend as authorized and funded by the state. From this fund, the District will reimburse Speech Language Pathologists for the actual cost of the test necessary for securing the Certificate of Clinical Competence. 6.12 INDIVIDUAL STAFF DEVELOPMENT Each Advanced Placement (AP) teacher may access District funds at a rate of $400 per year to attend AP institutes or AP reader opportunities and associated costs. These funds may be rolled over for an additional two years (total of $1,200) by notifying the business office by May 31 of each year for the next year. 6.13 CLASSROOM PREPARATION STIPEND SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 23 The District will establish a fund of $100 per employee each school year in order to pay them to prepare their classroom at the beginning of the year and to clean up their room at the end of the year (this pay is currently included in the TRI-Schedule). SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 24 CHAPTER 7 OTHER TERMS AND CONDITIONS OF EMPLOYMENT 7.1 WORKDAY The faculty workday is set to best serve the needs of the students, parents, and school district. The length of regular workday shall be seven and one-half (7.5) consecutive hours inclusive of a thirty (30) minute duty free lunch. The workday will be set at each building at the beginning of the year and may be changed mid-year with a one month notification. 7.1.1 Elementary Schedule Teachers at the elementary level (P-6) shall have at least 325 minutes of planning time free of any interruptions or duties during each regular five-day workweek. Teachers with classes, which are split for enrollment reasons, will be provided the equivalent of 35 additional minutes of planning time for each regular five-day workweek which may include paraprofessional time where possible if requested. Planning time shall be provided in minimum blocks of thirty (30) minutes, exclusive of recess. Elementary teachers who miss planning periods can request make-up period(s) from their principal or will be compensated for their lost planning time at their per diem rate. If make-up is chosen, the lost planning time will be made up at a mutually agreed upon time. Planning time does not include recess, lunch, passing time, student morning break times, 30-minute block of time before school and 15-minute block of time after school at the elementary level. On District directed in-service days, a 30-minute block of time will be added to the 30-minute duty free lunch. There shall be a 15 minute scheduled recess daily covered by non-SWEA personnel. Other than emergencies, end of the school year celebration meetings, or Professional Learning Communities (PLCs), there shall be no District or building based meetings, or learning walks, during a) the last four (4) consecutive school days including the report card distribution day, or b) Tuesday – Friday of the fall conference week. See Appendix F, page 2 for specific dates. There shall be 30 minutes one day per work-week specifically designated for staff meeting/(PLC) time exclusive of planning time. It is understood that PLC time is not for structured professional development. Fifteen minutes of this time may occur during the 30-minute block of time before school. At least one time per month, a dedicated staff meeting will be held during the staff meeting/PLC time to address procedural, operational issues and staff concerns. Librarians, PE teachers, and Technology Teachers shall be given the flexibility to meet with like peers across the District during the staff meeting/PLC time or at a mutually agreed upon time in lieu of that time. Staff whose assignment may lend itself to participation with multiple PLCs will develop a plan with their supervisor to establish expectations for PLC participation; expectations for these staff will not exceed the expectations of staff with one PLC. There will be 5 minutes of passing time between classes for specialists. 7.1.2 Secondary Schedule Teachers at the secondary level (7-12) shall have at least 260 minutes of planning time free of any interruptions or duties during each regular five-day workweek. Secondary teachers who lose their planning time due to no available substitutes will be compensated for their lost planning time at their per diem rate. The planning time shall be provided in minimum blocks of 30 consecutive minutes whenever the schedule permits. Planning time does not include lunch, passing time, student break times, 30-minute block before school and after school. On District directed in-service days, a 30-minute block of time will be added to the 30-minute duty free lunch. Other than emergencies, end of school year celebration meetings, or Professional Learning Communities (PLCs), there shall be no District or building based meetings, or learning walks, during a) the last four (4) consecutive school days including the grade posting day at the 1st semester, and b) the last four (4) consecutive contracted school days of the second semester. See Appendix F, page 2 for specific dates. In recognition of time spent for staff meeting/Professional Learning Community (PLC), teachers shall be released at student dismissal time on the last student day of each week with the exception of teacher in-service days. Teachers will have flexibility to participate in a PLC that is appropriate to their teaching assignment. It is understood that PLC time is not for SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 25 structured professional development. At least one time per month, during a regular staff meeting, time will be allotted to address procedural, operational issues and staff concerns. Staff whose assignment may lend itself to participation with multiple PLCs will develop a plan with their supervisor to establish expectations for PLC participation; expectations for these staff will not exceed the expectations of staff with one PLC. 7.1.3 LIBRARIANS Librarians will have the equivalent of 70 additional minutes of planning time for each five-day workweek for library management. When a librarian identifies a need for additional library management time, he/she will first address the concern with the building principal. If the identified need cannot be worked out at the building level, the librarian can continue to pursue a solution with the District office. 7.1.4 INDIVIDUAL TEACHER DIRECTED EARLY RELEASE DAYS The equivalent of one-half (1/2) day shall be for activities individually selected from the following list: professional development around quality instruction, activities to enhance powerful teaching and student learning such as planning lessons and improving the academic environment, collaboration with special education teachers about IEP students in their classes, department meetings, grade level meetings, work on academic interventions, work in professional learning communities, curriculum development, alignment and implementation, and analyzing student data. 7.1.5 DUTY FREE TIME A duty free lunch period of not less than thirty minutes shall be provided. Teachers shall not be required to supervise arrivals and departures of students. 7.1.6 INCLEMENT WEATHER In the event that the school district chooses to have a late start due to inclement weather, all employees at those schools affected are expected to arrive as near their normal starting time as is safely possible. 7.2 CLASSROOM PROCEDURES 7.2.1 Enrollment Procedures Elementary Level: At the time of new student registration, with the exception of the start of the school year (no more than ten(10) days), no student shall attend class until the classroom teacher has been notified of the student’s enrollment in the affected classroom within one day’s notice. Such notice shall serve the purpose of acquiring the necessary classroom desk, materials and/or other supplies. Students will, if enrolled by 1 p.m., attend no sooner than the next scheduled school day. If enrollment occurs after 1 p.m., attendance will be scheduled for the day after the next school day. Secondary Level: At the time of new student registration, with the exception of the first ten (10) days of each semester, no student shall attend class until the classroom teacher has been notified of the student’s enrollment in the affected classroom within one day’s notice. Such notice shall serve the purpose of acquiring the necessary classroom desk, materials and/or other supplies. Students will attend no sooner than the next scheduled school day. Students will be scheduled into classes by the counselor who will reference the schedule of classes from the previous school to ensure opportunity to accommodate credit transfers. At Elementary and Secondary levels, when a student who newly enrolls with an Individual Education Plan (IEP) and/or a 504 plan, every effort will be made to get the official records from the sending school District to ensure appropriate placement and level of service. 7.2.2 Classroom Visitations To provide citizens of the District the opportunity to visit classrooms with the least interruption to the teaching process, the following guidelines are set forth: 1. All visitors to a school and/or classroom shall be asked to obtain the approval of the principal or designee. 2. The teacher shall be afforded the opportunity to ask the classroom visitor if the visitor wishes to confer with the teacher before or after the visitation. 3. If possible, the teacher shall be notified in advance of any request to visit the classroom. If a teacher feels that the time or date requested would unduly interrupt the teaching process, the teacher may recommend an alternate time and/or date. 7.3 EMPLOYEE FACILITIES The District will provide the following facilities and equipment: 1. Space to store instructional materials and supplies. 2. Work areas, equipment and supplies to aid in the preparation of instructional materials as required by the District. 3. A faculty lounge where possible. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 26 4. A serviceable desk, chair, and file cabinet for each classroom as required by the District. 5. Well-lighted and clean restrooms shall be provided in accordance with state statute. 6. Each full-time Speech-Language Pathologist shall have an office, ideally, located in one of the schools in which they are providing services. In the event that relocation is unavoidable, the new office space shall be comparable to the previous office space. Building administrators shall make every effort to provide each SLP with a regularly scheduled, confidential, quiet room in which to provide treatment services to students. In the event a concern arises over the treatment space the SLP may pursue a solution with the District office. 7.4 CERTIFICATED EMPLOYEE STAFF REDUCTION In the event that the Board adopts a reduced educational program by reason of financial necessity, including but not limited to levy failure or decreased state support, those teachers and other non- supervisory certificated employees (collectively "certificated employees" herein) who will be retained to implement the District's reduced or modified program and those certificated employees who will be non-renewed for employment or adversely affected in contract status will be identified by using the following procedures: 7.4.1 DETERMINATION OF VACANT POSITIONS The District will determine as accurately as possible the total number of certificated employees known as of April 15 leaving the District for reasons of retirement, family transfer, normal resignation, leave, discharge or non-renewal, etc., and these vacancies will be taken into consideration in determining the number of available certificated positions for the following school year. 7.4.2 CERTIFICATION Possession of any valid Washington State Certificate, which may be required for the positions under consideration, shall be a prerequisite for retention. 7.4.3 EMPLOYMENT CATEGORIES The following categories and specialties are established to ensure the qualifications of certificated employees assigned to retained positions: 1. Elementary teachers will be considered for retention in one category (P-6). 2. Secondary teachers will be considered for retention in one category (7-12). 3. Other non-supervisory certificated employees will be considered for retention according to their specialties and when categorical funding supports a particular program, said program(s) shall be maintained and exempt from Reduction in Force to the extent of such categorical funding; provided, individual certificated employees shall not be exempt from Reduction in Force if a qualified (as specified herein) more senior certificated employee is being non-renewed and makes a request to staff such a program position. 7.4.4 RATE OF REDUCTION The number of certificated employees non-renewed from categories 1 and 2 above, shall be reasonably proportionate to the number of students served in each category. 7.4.5 QUALIFICATION WITHIN EMPLOYMENT CATEGORY Each certificated employee will, in accordance with the criteria set forth in the section below, be considered qualified in the category appropriate to the position held at the time of the implementation of these procedures. Certificated employees shall also be eligible for retention in such additional categories or specialties as any such employee may designate and request in writing to the Superintendent or his designee, provided, that in order to qualify for retention in any such additional category the employee: a) must have had a minimum of one year full-time professional experience in each such additional category; and b) such experience must have occurred during the immediately preceding ten years. All written designations and requests for additional categories shall be submitted in writing within five working days after any request for such information is made by the Superintendent or his designee. Certificated employees will be eligible for additional categories only if they do not qualify for retention in the category appropriate to the position held at the time of the implementation of these procedures. 7.4.6 SELECTION WITHIN EMPLOYMENT CATEGORIES Certificated employees shall be eligible for retention in available positions within the categories or specialties for which they qualify under 7.4.3 above. In the event that there are more qualified certificated employees than available positions in a given category or specialty, the following criteria shall be used to determine which certificated employees shall be recommended for retention: SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 27 1. 2. 3. 4. Total seniority, as a certificated employee shall be the basis for retention for those categories identified in 7.4.3 above. Within each such category the certificated employees having the greatest seniority shall be retained. If ties exist as between certificated employees who tie, selection for retention shall be made based on total number of education credits beyond the B.A. degree submitted to and accepted by the District prior to October 1. If more than one individual certificated employee has the same number of credits after applying the above provisions, all certificated employees so effected shall participate in a drawing by lot, to determine position on the seniority list. The Association and all certificated employees so effected shall be notified in writing of the date, place and time of the drawing. The drawing shall be conducted openly and at a time and place which will allow affected certificated employees and the Association to be in attendance. "Seniority" within the meaning of this paragraph shall mean years of certificated Washington State service. Seniority for less than a full year teaching experience shall be computed as the actual number of contracted days employed as to the number of contracted days per year; but contracted days beyond normal contract year shall not be computed. Less than full-time teaching experience shall be computed on a two-to-one ratio. Two years of part-time experience shall equal one-year seniority. a) Certificated employees currently assigned in full time positions shall be first assigned to all full-time positions consistent with their individual seniority and shall not be obligated to any part-time position but may designate and request such a position. b) Certificated employees currently assigned to part-time positions shall be assigned to part-time positions only consistent with their individual seniority and current assignment, provided no part-time certificated employee with less seniority shall be assigned to any part-time position unless such a position is declined by all employees (full and parttime) with greater seniority. Deviations from seniority-based selection for retention may be made where necessary to comply with affirmative action program requirements as specifically mandated by an appropriate governmental agency other than the District. 7.4.7 ACTION BY THE SUPERINTENDENT The provisions of the above subsections shall be implemented on or before May 15 of the school year prior to the school year in which any staff reductions may be necessary. The Superintendent shall take such action as may be required by statute to non-renew or adversely effect the employment contracts of effected employees. 7.4.8 EMPLOYMENT POOL 1. All certificated employees who are not recommended for retention in accordance with these procedures shall be terminated from employment and placed in a layoff pool for possible re-employment for a period of up to two (2) years, and one additional year if so requested within thirty (30) days of the expiration of the second year. Layoff pool personnel will be given the opportunity to fill open positions within the categories or specialties identified in subsection 7.5.3 for which they are qualified under 7.5.5. If more than one such employee is qualified for an open position, the criteria set forth in subsection 7.5.6 shall be applied to determine who shall be offered such position. A laid off administrator may be placed in an open position if no certificated unit member from the layoff pool is qualified under section 7.5 for that position. 2. When a vacancy occurs for which persons in the layoff pool qualify, notification from the school district to such individual will be by certified mail or by personal delivery. Such individual will have five (5) calendar days from the receipt of the notice or seven (7) days from the mailing of such notice, whichever is the shortest, to accept the position. If an individual fails to accept a position offered, such individual will be dropped from the layoff pool. 3. Acceptance or rejection of a part-time position by a teacher, who was non-renewed from a full time position, shall not affect eligibility for employment in the layoff pool for full time employment. 4. Teachers in the layoff pool shall, if they so request, be placed on the substitute list and called as substitutes before any non-layoff pool personnel. 5. Limited contract positions shall first be offered to individuals in the layoff pool in order of seniority if qualified for the position. An individual so employed shall remain in the layoff pool at the expiration of the limited contract. Refusal by an individual to accept a limited contract shall not remove said individual from the layoff pool. 7.4.9 CERTIFICATED EMPLOYEES' SENIORITY LIST A seniority list of all employees within the bargaining unit shall be compiled by the District for each category contained in 7.5.3 and a copy forwarded to the President of the Association by the second Monday in January. 7.5 AUXILIARY PERSONNEL The District agrees not to utilize auxiliary personnel in the performance of duties, which by law can only be performed, by certificated personnel. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 28 7.6 CURRICULUM COMMITTEES There shall be a curriculum committee to be called the Curriculum and Instruction Advisory Committee (CIAC) that will function annually to make recommendations that may be forwarded to the Board by the Superintendent. The other procedures and operation of the committee shall be determined by the committee, which shall contain at least four (4) members appointed by the Association, consisting of one (1) Librarian, one (1) high school teacher, one (1) middle school teacher, and one (1) elementary school teacher. 7.7 CALENDAR The calendar and guidelines contained in Appendix G and H shall be incorporated by reference herein. The calendar guidelines shall be used to set all District calendars in future years. By January 31 of every other year, the parties will establish a calendar committee consisting of the Executive Director of Human Resources classified personnel, parents and three (3) representatives appointed by SWEA. Utilizing the guidelines and taking a survey of community members, bargaining unit members, and School Board Members, the committee will recommend a two year calendar to the School Board by its April meeting. If the board rejects the recommendation, the committee will reconvene to deal with the issue. The school board adopted calendar may be further modified through the collective bargaining process as it pertains to any mandatory subject of bargaining. 7.8 WORKLOAD 1. The District shall, to the extent possible, equalize class size among teachers of the same grade or subject within the same building. 2. The maximum class size for Sedro-Woolley schools shall be as follows: Level Preschool (per session) Dev. Kindergarten (per session) K-1 2-4 5-6 K-3 split (a) 3-4 split (a) 4-6 split (a) 7-12 Weight training 7-12 Special Education 7-12 English 7-12 PE (b) 7-12 Lab Science 7-12 All other except music Max 12 12 24 26 27 21 22 23 32 20 28 39 28 32 Special Ed. Student Weighting Formula Each special education student who is mainstreamed into regular classes shall be weighted 1.5 for the purposes of class size consideration. a. The class size limits (actual student counts) for split classes shall be firm. Split classes that have weighted counts above the firm numbers will be able to access class-size relief. Where there are no single grade classes on either side of the split class within that school, nor additional room for additional classes within that school, these actual student counts may exceed the firm number listed above and the SWSD will provide additional relief through the class size funds. b. For 7-12 PE classes, if the employee feels that the number of students creates an unsafe environment due to size of facility or student/teacher ratio, the employee may notify the building principal of the concern. If determined unsafe by the building principal, all parties will act to ensure that the unsafe condition is corrected in a timely manner. If determined safe by the building principal, the employee has the right to appeal to the Superintendent’s designee within ten (10) school days. If it is determined unsafe at this step, the situation will be corrected in a timely manner. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 29 3. It is expressly understood that music classes shall be exempt from this provision except to the extent that the number of students arguably affect instruction or health and/or safety. In the case of special team teaching programs, the recommended class size numbers shall apply to student / teacher ratios rather than class sizes. If the maximum number is exceeded for ten (10) working days, the teacher may request that the Human Resources Department help resolve the problem. The solution may involve one or more of the following: 4. a. Provide compensation for additional planning time as outlined in #7 below. b. Hire new certificated staff as outlined in #7 below. c. Provide paraprofessional time as outlined in #7 below. d. Provide additional supplies and materials equivalent to the compensation for additional planning time in (a). e. Grant substitute time for preparation equivalent to the compensation for additional planning time in (a). f. Other remedies agreeable to the affected teacher. Normally, response to the request will be within five working days of the request. If the response time is greater than five days, interim relief will be provided within the constraints of the budget. The workload provision shall be inoperable and not subject to the grievance procedure in the event of a financial crisis or limited instructional facilities. Financial crisis shall be defined as levy failure or substantial reduction in enrollment or substantial cuts in state or federal funds. Normally, classroom teachers will not be required to accept more than three (3) mainstreamed students without consultation. If, as a result of this limitation, a suitable placement is not available, the District may assign students to the most appropriate regular classroom teacher for mainstreaming purposes, and if requested, provide written rationale. $160,000 will be budgeted for remedies under this section. These dollars will be distributed in the following order: a. All teachers requesting planning time support through February of each year shall be paid $40 per month per student over the class size numbers listed above proportionate to the time of the day they are in excess of class size, b. At most, $40,000 of the allocated dollars may be used for employing additional teachers, c. Up to $80,000 for paraprofessional support, and the rest for other remedies. A preliminary calculation for all class size issues (typically submitted at the beginning of the school year) shall be made. Any monies left over in this account will be carried forward to the subsequent year. Two class size informational meetings will be offered each year, One near the beginning of the year and one shortly after the start of the second semester. The purpose of these meetings is to clarify allocations. Workload for Speech-Language Pathologists will be considered an overload when two or more of the following factors are present: 5. 6. 7. 8. 1. 2. 3. 9. Number of students with IEPs receiving direct services exceeds fifty-three (53). Number of schools served exceeds three (3). Schedules for direct services, indirect services, evaluation, assessment, planning, travel and required IEP meetings exceed time available in the workweek. In the event an SLP has a caseload concern, he/she will request a meeting with the Director of Special Programs. If the identified need cannot be satisfactorily resolved at that level the SLP may pursue a solution with the Director of Special Programs, a second district level administrator, such as the Executive Director of Student Learning and Instruction or Executive Director of Human Resources, and a SWEA representative in order to arrive at an acceptable solution. Solutions may include any of the following, but are not limited to: equalization of caseloads among staff, assignment of additional staff, contracting with other agencies for the provision of services, adding educational assistant time, and scheduling additional time and compensation for existing staff. IEP caseload for special education teachers will be considered an overload when both of the following factors are present: 1. 2. Number of students with IEPs receiving direct instruction exceeds thirty (30) for preschool-elementary and thirty-five (35) for secondary. Schedules for direct services, indirect services, evaluations, assessments, planning and required IEP meetings exceeds time available in the workweek. In the event a special education teacher has caseload and/or class size concerns, he/she will request a meeting with the building principal and/or Associative Executive Director of Special Programs. If the identified need cannot be satisfactorily resolved at that level, the special education teacher may pursue a solution with the Assistant Superintendent, and a SWEA representative in order to arrive at an acceptable solution. Solutions may include any of the following but are not limited to: equalization of caseloads among staff, assignment of additional staff, adding instructional assistant time, and scheduling additional time and compensation for existing staff. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 30 10. Teachers whose High School AP classes are over the class size limit are entitled to 1 release day per semester of the overage. 7.9 IEP CONFERENCES Regular classroom teachers may be required to participate in the preparation of individual educational plans (IEPs) for students with disabilities during the workday. Such participation may include attendance at IEP conferences. Whenever possible IEP conferences will be scheduled to fall within the regular teacher's workday, exclusive of scheduled planning time. Conferences scheduled beyond the workday shall be infrequent and irregular. Conferences requiring regular classroom teacher participation shall not be scheduled beyond the workday unless agreed to in advance by the regular classroom teachers involved. The parties recognize and agree to adhere to the hours specified in 7.1 on a weekly basis, but that participation in an IEP meeting may be cause for a different daily schedule. 7.10 IEP DEVELOPMENT AND PROCESSING In the event that an employee has the responsibility for developing and processing individual educational programs (IEPs) which require work beyond the regular workday, the employee shall be granted two (2) hours of release time for each IEP developed. This release time will be scheduled with the employee's immediate supervisor. This time may also be taken as compensation at the curriculum rate of pay. For our members of the Good Beginnings Pre-School program, provisions will be made to allow time during the regular workweek to complete I.E.P.’s. In the event this is not possible, the members may submit for compensation. Speech Language Pathologists (SLPs) shall be granted one (1) hour of release time for each speech only IEP developed. This release time may not impact services to students and will be scheduled with the employee's immediate supervisor. This time may also be taken as compensation at the curriculum rate of pay. 7.11 HOLD HARMLESS If the District makes modifications to the recommendations made by the IEP and Multi-Disciplinary teams, which are not agreed to by these committee(s), the District shall assume full legal liability for such modifications. 7.12 KINDERGARTEN The District shall not schedule required activities/conferences/screenings etc. for Kindergarten teachers during the days designated in Appendix H. Building directed screening of students outside their regular workday will be paid for at per diem out of building funds. Report Card Conference time and District directed screening/assessments that take place outside of their regular workday will be paid for at per diem out of District funds. Kindergarten teachers who are .5 FTE and who do not share a classroom with another teacher, shall have the option of working and getting paid for 1 full day at per diem for room preparation per section 4.8.2. To address additional workload due to report card preparation and conferences, Kindergarten teachers may submit an extra hour form to be compensated per diem for 1/2 day for .5 FTE teachers and for 1 day per diem for 1.0 FTE teachers or they may request a substitute for that time in lieu of payment. Due to District scheduled ½ days, parttime kindergarten teachers may flex their time within five (5) working days to accommodate the additional time needed for the supervision of their students on those days. 7.13 PART-TIME TEACHERS During the days designated in Appendix H, part-time teachers who choose to participate in building/District directed inservices outside their regular workday shall be paid at per diem out of District funds. When staff request or are offered the opportunity to attend meetings at the building level outside of their contracted time, compensation will be at curriculum rate from the building budget subject to the principal’s prior approval. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 31 CHAPTER 8 EVALUATION 8.1 GENERAL Certificated classroom teachers and certificated support personnel holding non-administrative positions (collectively referred to as "employees" herein) shall be evaluated during each school year in accordance with the procedures and criteria set forth herein, except Leave Replacement Employees as defined in RCW 28A.405.900. In addition, eligible employees may participate in the Professional Growth Option (PGO, which is found in the Appendix section) consistent with RCWs and the PGO requirements. Professional Growth and Evaluation of School Personnel (PGESP) procedures are found in Appendix I. 8.2 RESPONSIBILITY OF EVALUATION Within each school, the principal and program supervisor shall be responsible for the evaluation of employees assigned to that school. No member of the bargaining unit shall have the responsibility of evaluation of other members of the bargaining unit. An employee assigned to more than one school may be evaluated by the principals of the assigned schools, but one primary evaluator will prepare evaluation reports in accordance with the procedures contained herein. The administrative organization plan of the District shall be used to determine the lines of responsibility for evaluation for any employee who is not regularly assigned to any school. The principal or other supervisor may designate another evaluator to assist in the observation and evaluation process, provided said other evaluator is not a member of the bargaining unit, and provided he/she has completed the requirements of WAC 181-80-290. Employees shall be notified by October 1 as to the administrator responsible for their evaluation. Employees shall be notified of any change in evaluators at least five (5) days in advance of any evaluation or observation by the new evaluator. 8.3 STANDARD EVALUATION PROCEDURE 8.3.1 CRITERIA Each employee shall be evaluated in accordance with the criteria and documentation appropriate to the employee's position, which are set forth in the Appendix section 8.3.2 PROCEDURE REVIEW At the beginning of each year, principals/supervisors shall schedule a meeting with the employees to review and explain the evaluation document, criteria and procedures. 8.3.3 REQUIRED EVALUATIONS 1. All employees newly employed by the District shall be evaluated pursuant to these procedures and criteria within the first ninety (90) days of the commencement of their employment. 2. All employees shall be evaluated annually. An initial observation of all employees shall be completed prior to January 20, whenever possible. All final evaluations shall be completed prior to June 1 of each year. 3. In the event an employee resigns prior to June 1, a final evaluation shall be completed prior to the resignation date. 4. If an employee is transferred to another position not under the supervisor's jurisdiction, an evaluation shall be made at the time of such transfer. 8.3.4 PROCESS 1. Each employee shall be observed within the performance of their assigned duties a minimum of two (2) times per year, for a total observation time of not less than sixty (60) minutes. 2. One formal observation shall be conducted for a period of not less than twenty (20) continuous minutes. 3. Prior to at least one of the observations, a pre-observation conference between the evaluator and the employee will be conducted within a reasonable time prior to the observation, unless such conference is mutually waived. 4. Following each observation, the principal or other evaluator shall promptly document the results thereof using the OBSERVATION WORKSHEET (found in the Appendix Section). The employee shall be provided with a copy of the OBSERVATION WORKSHEET within three days after such report is prepared. 5. At least one post-observation or post-evaluation conference shall be conducted between the evaluator and the employee during each school year. In addition to the foregoing, each employee, upon request, shall have the right to a postobservation conference with his/her evaluator within a reasonable time following the receipt by the employee of any OBSERVATION WORKSHEET received pursuant to the above paragraph 8.3.4.4. 6. The employee shall sign the District's copy of the OBSERVATION WORKSHEET to indicate receipt. The signature of the employee does not, however, necessarily imply that the employee agrees with the contents of the report. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 32 7. 8. Each ANNUAL EVALUATION REPORT required under subsection 8.3.3 above shall be promptly forwarded to the District personnel office for filing in the employee's personnel file. Observations of less than twenty (20) minutes duration may be utilized by the evaluator at his/her discretion, provided that the observation is of sufficient length to allow the evaluator to adequately assess the situation being observed, and the employee receives a copy of the OBSERVATION WORKSHEET compiled by the evaluator. Such observations shall not be utilized as the primary evidence in any non-renewal proceeding. 8.4 REPORT CONSISTENCY Evaluation Reports resulting from two (2) or more observations of an employee (e.g. annual EVALUATION REPORT) shall not be inconsistent with the reports of individual observations of the employee. 8.5 PROBATION 8.5.1 SUPERVISOR'S REPORT In the event a principal or other supervisor determines, on the basis of the evaluative criteria (and through the standard evaluation procedure contained in this agreement), that the performance of an employee is unsatisfactory, the supervisor shall report the same in writing to the Superintendent on or before January 20. The report shall include the following: 1. An evaluation report covering the period from the beginning of the school year to the date of the report, which report shall be dated no later than January 15. 2. A recommended specific and reasonable program designed to assist the employee in improving performance. A copy of said report shall be submitted to the employee and one to the Association if the employee so requests. If the employee disagrees with or questions any statement contained in the above report, that teacher may, within five (5) days after receipt of the evaluation report, present a detailed statement concerning the points of disagreement for inclusion in the employee's personnel file. 8.5.2 ESTABLISHMENT OF PROBATIONARY PERIOD If the Superintendent concurs with the supervisor's judgment that the performance of the employee is unsatisfactory, the Superintendent shall place the employee on probationary status beginning at any time after October 15 and no later than February 1 for a period of sixty (60) school days ending no later than May 1. The employee shall be given written notice of probation by the Superintendent, which notice shall contain the following information: 1. Specific areas of performance deficiencies. 2. A suggested specific and reasonable program for improvement. 3. A statement indicating the duration of the probationary period, and indicating that the purpose of the probationary period is to give the employee the opportunity to demonstrate improvement in the area(s) of deficiency. 8.5.3 EVALUATION DURING PROBATIONARY STATUS 1. At or about the time of the delivery of a probationary letter, the principal or other supervisor shall hold a personal conference with the probationary employee to discuss performance deficiencies and the remedial measures to be taken. At said conference the employee shall be given a reasonable opportunity to have present a representative of the Association if so desired. 2. During the probationary period, the employee may not be transferred from the supervision of the original evaluator. The evaluator shall observe the probationary employee at least twice monthly for the purpose of documenting the performance of the probationary employee and to make written evaluation of the progress, if any, made by the employee. The provisions of paragraph 8.3.4.4 above shall apply to the documentation of the evaluation reports during the probationary period. The principal or other evaluator shall meet with the probationary employee at least twice monthly during the probationary period to discuss the evaluation reports required under this paragraph. As per RCW 28A.405.100 the evaluator may authorize one additional certificated administrator to evaluate the probationer and to aid the employee in improving his/her areas of deficiency. 3. The probationary employee may be removed from probation at any time if he/she has demonstrated improvement to the satisfaction of the principal or other supervisor in those areas specifically detailed in the notice of probation. 8.5.4 SUPERVISOR'S POST-PROBATION REPORT Unless the probationary employee has previously been removed from probation, the principal or other supervisor shall submit a written report to the Superintendent at the end of the probationary period, which report shall identify whether the performance of the probationary employee has improved and which shall set forth one of the following recommendations for further action: SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 33 1. 2. 3. That the employee has demonstrated sufficient improvement in the stated area(s) of deficiency to justify the removal of the probationary status. That the employee has demonstrated sufficient improvement in the stated area(s) of deficiency to justify removal of the probationary status if accompanied by a letter identifying the area(s) where further improvement is required. 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. The supervisor's report shall include copies of all OBSERVATION WORKSHEETS and EVALUATION REPORT forms completed during the probationary period. A copy of the above report shall be provided to the probationary employee. 8.5.5 ACTION BY THE SUPERINTENDENT Following a review of any report submitted pursuant to subsection 8.5.4 above, the Superintendent shall determine which of the alternative courses of action is proper and shall take appropriate action to implement such determination. In the event the Superintendent determines that the employee has not demonstrated sufficient improvement in the stated areas of deficiency, the Superintendent shall make a determination of probable cause for non-renewal of the employee's contract and shall provide written notice thereof to the employee on or before May 15 pursuant to the requirements of RCW 28A. 405.210 provided such probable cause determination shall not apply to any provisional employee. 8.6 APPLICABILITY TO GRIEVANCE PROCEDURE The provisions of Chapter 9, Grievance Procedure, shall be applicable to Evaluation only as it relates to procedural issues, provided, that no grievance proceeding shall limit the authority of the school district to proceed with probationary and/or nonrenewal action pursuant to the procedures established by state law. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 34 CHAPTER 9 GRIEVANCE PROCEDURE 9.1 CONDITIONS The purpose of this procedure is to provide a means for the orderly adjustment of grievances of the District employees covered under terms of this agreement. 9.1.1 DEFINITIONS 1. Class A Grievance: A dispute by an employee or the Association President concerning the interpretation or application of the terms of the Agreement. Grievance brought by the Association President consistent with the timelines in 9.2 Step I, may move automatically to Step III (Section 9.4). 2. Class B Grievance: A dispute by an employee that an existing district policy, regulation or rule has been misinterpreted or misapplied. 3. Days: "Days" as used herein shall mean District business days. 9.1.2 TIME LIMITS Failure of the District to act in a timely manner in Steps I, II, III, and IV will automatically move the grievance to the next higher step for consideration. Failure of the grievant to act in a timely manner will nullify the grievant's claim at any step. Time limits prescribed herein may be extended by mutual consent of the parties. 9.1.3 REPRESENTATION The grievant may be represented by the Association and/or counsel, provided that any employee at any time may present the grievance to the employer and have such grievance adjusted without the intervention of the exclusive bargaining representative, as long as such representative has been given the opportunity to be present at that adjustment and to make his/her views known, and as long as the adjustment is not inconsistent with the terms of the Agreement. 9.1.4 FREEDOM FROM REPRISAL There shall be no reprisals by the District or administrative personnel against any aggrieved party or local Association representative for reason of participation in the processing of a grievance in accordance with the provision of RCW 41.59.140. 9.1.5 ASSISTANCE IN INVESTIGATION The District will supply the grievant, upon request, such information as is reasonably required for investigation or processing of the specific alleged grievance. 9.1.6 RELEASE FROM DUTY If attendance at mutually scheduled meetings, hearings or appeals relating to the grievance adjustment process, whether as a grievant or witness, requires a certificated employee (as covered by this agreement) to be absent from his/her duty assignment, shall be released without loss of pay. 9.2 STEP I: CLASS A, CLASS B An employee shall first present the grievance to his/her supervisor for settlement. Such presentation shall be made within thirty (30) days following the occurrence of the event giving rise to the grievance, or the time the event first became known to the employee. The supervisor shall, within ten (10) days thereafter, provide to the employee an answer to the grievance. 9.3 STEP II: CLASS A, CLASS B If the grievance is not resolved to the grievant's satisfaction in accordance with the preceding subsection, the grievant has ten (10) days after talking to the supervisor to move the grievance forward by submitting it in writing to the supervisor for reconsideration in the format listed below. A copy shall also be submitted to the official in the administration responsible for personnel. The parties will have ten (10) days from submission of the written statement of grievance to resolve it through meeting(s). A statement of the grievance shall contain the following: 1. The facts on which the grievance is based. 2. A reference to the specific provisions in this agreement which have been allegedly violated; or in a Class B grievance, reference to the specific District policy, regulation or rule which has been allegedly violated. 3. The remedy sought. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 35 A written statement indicating the disposition of the grievance shall be furnished to the aggrieved by the supervisor. 9.4 STEP III: CLASS A, CLASS B If no settlement has been reached within the ten (10) days referred to in Step II (Section 9.3) and the grievant believes the grievance to be valid, the grievant shall submit a written statement of the grievance to the District's Superintendent or designee within fifteen (15) days. After such submission, the parties will have fifteen (15) days to resolve the grievance through meeting(s). A written statement indicating the disposition of the grievance shall be furnished the aggrieved. 9.5 STEP IV: CLASS B ONLY If no settlement is reached in Step III (Section 9.4) within the specified or agreed time limit, and the grievant believes the grievance to be valid, then a written statement of the grievance shall be submitted within fifteen (15) days to the Board. After such submission, the parties will have thirty (30) days to resolve the grievance. The Board reserves the right to summon the grievant for a hearing to review the grievance. The grievant reserves the right to appear before the Board for a hearing to review the grievance. A written statement indicating the disposition of the grievance shall be furnished the aggrieved. The decision of the Board shall be final and binding as rendered in this step. 9.6 STEP V: ARBITRATION, CLASS A ONLY If no settlement is reached in Step III (Section 9.4) and the grievance falls within the terms of the Class A grievance definition, then the grievant may, in writing within ten (10) days thereafter, request that the matter be submitted to an arbiter for prompt hearing as hereinafter provided in subsections 9.6.1 through 9.6.3 inclusive. 9.6.1 NOTIFICATION Written notice of request for arbitration shall be made to the Superintendent within ten (10) days of receipt of the decision in Step III (Section 9.4). 9.6.2 ARBITER SELECTION When a timely request has been made for arbitration, the parties may agree to select an impartial arbiter to hear and decide the particular case. If this process is acceptable, the arbiter shall be mutually selected within five (5) days after submission of the written request for arbitration. In the event an arbiter is not agreed upon as provided above, the Association shall request the American Arbitration Association (A.A.A.) or the Federal Mediation and Conciliation Services (FMCS) to submit a panel of seven (7) arbitrators. The applicable rules of the A.A.A. or the FMCS shall be used to select from the list. 9.6.3 ARBITRATION PROCEEDINGS Arbitration proceedings shall be in accordance with the following: 1. The arbiter shall hear and accept pertinent evidence submitted by both parties and shall be empowered to request such data as the arbiter deems pertinent to the grievance. Any question(s) of arbitrability shall be decided by the arbiter. The arbiter shall render a decision in writing to both parties within twenty (20) days of the completion of the hearing, unless mutually extended. 2. The arbiter shall be authorized to rule and issue a decision in writing on the issue presented for arbitration which decision shall be final and binding on both parties. 3. The arbiter shall rule on the basis of information presented in the hearing and on the basis of the arguments and contentions of the parties as set forth in any pre and post-hearing briefs and shall refuse to receive any evidence after the hearing except by mutual agreement. 4. Each party to the proceedings may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be pertinent to the matters set forth in the written statement of the grievance. The arguments of the parties may be supported by oral comment and rebuttal. Such arguments of the parties, whether oral or written, shall be pertinent to and directed at the matters set forth in the grievance. 5. Each party shall pay any compensation and expenses relating to its own witnesses or representatives. 6. The costs for the services of the arbiter, if any, including per diem expenses, if any, and travel and subsistence expenses and the cost of the hearing room, will be borne equally by the Board and the Association. All other costs will be borne by the party incurring them. 7. The total costs for the stenographic record (if requested) will be paid by the party requesting it. If the other party also requests a copy, that party will pay one-half of the stenographic costs. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 36 9.6.4 EFFECT OF DECISIONS All decisions arrived at under the provisions of this section, by the representatives of the District and the Association, or the arbiter, shall be final and binding upon both parties, provided, however, in arriving at such decisions neither of the parties nor the arbiter shall have the authority to alter this Agreement in whole or in part. 9.6.5 ELECTION OF REMEDIES Matters for which another method of review is provided by law shall also be subject to this grievance procedure. If, however, the statutory procedure is used by the employee, then the employee shall not use this grievance procedure for the same complaint. If the grievance procedure is used by the employee, the employee shall not use the statutory procedure for the same complaint. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 37 CHAPTER 10 DURATION SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 38 APPENDIX A ASSIGNMENT OF WAGES FORM SEDRO-WOOLLEY EDUCATION ASSOCIATION Name_______________________________________________________________________ Address_____________________________________________________________________ City______________________________________ Zip Code__________________________ TO: Sedro-Woolley School District I, the undersigned, acknowledge that I am a member of the Sedro- Woolley Education Association, an affiliate of the Washington Education Association and the National Education Association. I hereby authorize you as my employer to deduct from my salary and to pay to the SedroWoolley Education Association membership dues in such amounts as the Association may certify as due and owing by me in accordance with its Constitution. I agree that this authorization and assignment shall be irrevocable for the current school year and shall be automatically renewed each year thereafter unless written notice of revocation is given by me to you and the Sedro-Woolley Education Association between August 1 and August 31 of any calendar year and further agree that my revocation shall be effective on August 31 of the year in which notice of revocation is given. _______________________________ ________________________________________ Date Signature SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 39 APPENDIX B ASSIGNMENT OF WAGES FORM FOR RELIGIOUS OBJECTION SEDRO-WOOLLEY EDUCATION ASSOCIATION Name_______________________________________________________________________ Address_____________________________________________________________________ City__________________________________ Zip Code__________________________ TO: Sedro-Woolley School District I, the undersigned, hereby authorize you as my employer to deduct from my salary and pay to the ________________________________________ charitable organization such representation fees equivalent in amount to the membership dues and assessments as certified by the Association. I agree this authorization and assignment shall be irrevocable for the current school year and shall be automatically renewed each year thereafter unless written notice of revocation is given by me to you and the Sedro-Woolley Education Association between August 1 and August 31 of any calendar year and further agree that my revocation shall be effective on August 31 of the year in which notice of revocation is given. ____________________________ ________________________________________ Date Signature SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 40 APPENDIX C SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 40 APPENDIX C CONT. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 41 APPENDIX D Sedro-Woolley School District Time, Responsibility and Incentive Form The Time, Responsibility, and Incentive (TRI) Stipend schedule in Appendix C is an incentive to provide the additional services listed below which fall outside the basic contract. The TRI stipend recognizes that employees provide a professional responsible level of service in the following areas which are beyond the basic contract: i) ii) iii) iv) preparation of the classroom or workspace before, after, and during the school year for quality instruction or support of instruction; building activities outside the workday, such as fall and spring open houses, curriculum nights, parent education nights, school and community functions, and concerts; self-reflection, goal setting, and related professional growth activities such as workshops, classes, conferences, seminars or research projects; grade level, department, building, job-alike and/or District committees, task forces, processes, and activities; and fulfillment of basic contract expectations that may fall outside the regular workday such as planning of instruction and curriculum, the evaluation of student work, the preparation of student assessments, the preparation of summative progress and grade reports for timely distribution, IEP and Section 504 meetings, and communicating with parents and students. My signature below indicates that I have met my obligations for the TRI Stipend for the ___________ school year as per the SWEA Collective Bargaining Agreement. _______________________________ Employee Printed Name _____________________ Building(s) _______________________________ Employee Signature _____________________ Date Note: This form must be submitted on or before the last contracted work day of the school year. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 42 APPENDIX E SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 43 APPENDIX E (CONT.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 44 APPENDIX E (CONT.) T.A. on SWSD proposal on Department Chair/Instructional Leader stipends & structure 1. Four (4) instructional leaders to plan and run four (4) building directed in-services and attend thirteen (13) instructional leader meetings after school throughout the year and other duties as outlined in the job description. Annual stipend shall be $1750 per position and placed on the supplemental salary schedule. 2. Ten (10) department chair positions to take care of department items, oversee department PLCs, and other duties as outlined in the job description. Attend up to twelve (12) hours of meetings with the administration after school hours from August through June, and one (1) – six (6) hour meeting during a contracted workday in the spring. Annual stipend shall be $2500 per position and placed on the supplemental salary schedule. An additional $150 per position will be paid out of the building budget for the day in August. 3. The department chair positions will be posted on a rotational basis starting with the 2012-2013 school year and will follow the schedule below: Subject Counseling CTE English Fine Arts Foreign Language Math PE/Health Science Social Studies Special Education 10-11 Post Post Post Post Post Post Post Post Post Post 11-12 12-13 Post 13-14 14-15 15-16 Post 16-17 Post Post 17-18 Post Post Post Post Post Post Post Post Post Post Post Post Post Post SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA Post Post PAGE 45 APPENDIX E (CONT.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 46 APPENDIX F SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 47 APPENDIX F cont. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 48 APPENDIX G CALENDAR GUIDELINES -- SEDRO-WOOLLEY SCHOOL DISTRICT #101 New Teacher Orientation – At least one orientation day for new teachers to the District to be scheduled prior to the start of the school year. Labor Day – Unpaid day. Learning Improvement Days – The days will be scheduled pursuant to applicable WAC's and RCW's. Placement and utilization of these days will be bargained with representation from SWEA. First Student Day – Prior to determining the start date, attempts will be made to coordinate with other area districts. District Staff Development – Minimum of four hours may be scheduled during the school year. Parent/Teacher Conferences – Minimum of 15 hours to be used for elementary conferences to be scheduled as appropriate. Minimum of 12 hours to be used for secondary conferences to be scheduled as appropriate. Veteran's Day – Unpaid day. Thanksgiving Vacation – Two-hour early dismissal Wednesday prior to Thanksgiving; Thursday and Friday are unpaid days. Winter Break – Seven to twelve consecutive unpaid weekdays in length, inclusive of December twenty-third and January first. Martin Luther King Day – Unpaid day. President's Day – Unpaid day. Transition Day – Will consist of one non-student day between the semesters at the secondary level and the 2 nd and 3rd trimesters at the elementary level. Spring Break – Will consist of 5 consecutive unpaid weekdays. Prior to determining the date of Spring break, attempts will be made to coordinate with other area districts and give full consideration to the dates of the administration of the state assessments. Memorial Day – Unpaid day. Make up days – Will be added first by utilizing any available make-up day identified on the calendar not including winter break or spring break. Should additional days be required, the school year will be extended. Other – Any other item referenced in the collective bargaining agreement that impacts the calendar will be scheduled appropriately. By January 31 of every year, the parties will establish a calendar committee consisting of the Executive Director of Human Resources, classified personnel, parents and three (3) representatives appointed by SWEA. Utilizing the guidelines and taking a survey of community members, bargaining unit members, and School Board Members, the committee will recommend a two-year calendar to the School Board by its April meeting. If the board rejects the recommendation, the committee will reconvene to deal with the issue. The school board adopted calendar may be further modified through the collective bargaining process as it pertains to any mandatory subject of bargaining. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 49 APPENDIX H SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 50 APPENDIX I SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 51 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 52 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 53 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 54 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 55 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 56 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 57 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 58 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 59 APPENDIX I (Cont.) Click below for a link to: Instructional Framework 5D+ with possible teacher observables SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 60 APPENDIX I (Cont.) Washington State Criteria/5D+/Student Growth Combined Rubrics SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 61 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 62 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 63 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 64 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 65 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 66 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 67 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 68 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 69 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 70 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 71 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 72 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 73 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 74 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 75 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 76 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 77 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 78 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 79 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 80 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 81 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 82 APPENDIX I (Cont.) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 83 APPENDIX J STATEMENTS OF MINIMAL EVALUATIVE CRITERIA FOR TEACHERS Criterion 1 Instructional Skill - The teacher demonstrates competency (knowledge and skill) in designing and conducting an instructional experience. Possible Indicators: The evaluation procedure assesses such teacher abilities and practices as: 1.1 identifying the learning needs of individual pupils; 1.2 establishing learning objectives/outcomes consistent with individual pupil learning needs; 1.3 planning and developing a variety of instructional experiences appropriate to specified learning objectives/outcomes; 1.4 conducting/implementing the instructional plan/experience; 1.5 using the principles of learning to facilitate the learning of objectives; 1.6 assessing pupil's learning/achievement of outcomes and in using the resultant data in the design of future instructional experiences; 1.7 identifying and implementing local school district policies which affect/influence instructional decisions, school and classroom procedures, etc. Criterion 2 Classroom Management - The teacher demonstrates competency (knowledge and skill) in organizing the physical and human elements in the educational setting. Possible Indicators: The evaluation procedure assesses such teacher abilities and practices as: 2.1 selecting/creating and using curriculum/instructional materials and media appropriate to the pupil(s) subject matter, and the outcome/objective to be achieved; 2.2 organizing the physical setting so that it contributes to learning; 2.3 identifying and appropriately using instructional resources available throughout the school district and the community; 2.4 organizing individual, small group, or large groups learning experiences as appropriate to the pupil(s), subject matter, and outcomes desired; 2.5 providing a classroom climate conducive to student learning. Criterion 3 Professional Preparation and Scholarship - The teacher exhibits evidence or having a theoretical background and knowledge of the principles and methods of teaching, and a commitment to education as a profession. Possible Indicators: The evaluation procedure assesses the teacher's demonstrated knowledge of and ability to: 3.1 use instructional strategies/methods appropriate to the pupil(s), subject matter(s) taught, and learning outcomes desired; 3.2 relate/use the principles and methods of teaching theory (learning, motivation, development, personality) as a basis for the design of learning experiences; 3.3 specify educational philosophy underlying one's instructional decision; 3.4 demonstrate commitment to professional activities (attendance at local and state meetings, consortium activities, participation on special committees, etc.); 3.5 implement statutes and rules/regulations which have implications for the professional's practice, subject matter specialization, school policy; 3.6 demonstrate commitment to the profession and its code of ethics. Criterion 4 Effort Toward Improvement When Needed - The teacher demonstrates an awareness of his limitations and strengths by efforts to improve or enhance competence. Possible Indicators: The evaluation procedure assesses the teacher's commitment to and participation in: 4.1 inservice and career development activities sponsored by the district, educational service district, and professional organizations; 4.2 continuing education and training initiated and selected by the individual; 4.3 follow-through and response to recommendations included in periodic and annual personnel evaluations; 4.4 self-assessment/evaluation and identification of strengths, needs limitations. Criterion 5 The Handling of Student Discipline and Attendant Problems - The teacher demonstrates ability to manage the non-instructional, human elements/dynamics occurring among pupils in the educational setting. Possible Indicators: The evaluation procedure considers such teacher abilities and practices as: SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 84 APPENDIX J CONT. 5.1 5.2 5.3 5.4 5.5 5.6 recognizing conditions, which may lead to disciplinary problems; establishing clear parameters for student "in-classroom conduct and make known these expectations; developing appropriate strategies for preventing disciplinary problems; responding appropriately to disciplinary problems when they do occur; resolving discipline problems in accordance with law, school board policy, and administrative regulations and policies; assisting students toward self-discipline and acceptable standards of student behavior. Criterion 6 Interest in Teaching Pupils - The teacher demonstrates commitment to each pupil's unique background and characteristics and enthusiasm for enjoyment in working with pupils. Possible Indicators: The evaluation procedure assesses the extent to which the teacher: 6.1 enjoys the process of working with students; 6.2 recognizes characteristics of each student; 6.3 uses knowledge of individual student(s) to design learning experiences and facilitate learning. Criterion 7 Knowledge of Subject Matter - The teacher demonstrates a depth and breadth of knowledge of theory and content in general education and subject matter specialization(s) at the elementary and/or secondary levels. Possible Indicators: The evaluation procedure assesses the teacher's knowledge of the subject(s) he is required to teach and will consider the: 7.1 depth of knowledge in the subject matter area; 7.2 extent to which the teacher keeps abreast of new developments, ideas and events in the subject matter area(s); 7.3 enthusiasm and interest of the teacher in the subject(s) taught as reflected in the teacher's continuing professional development; 7.4 relationship between one's subject matter field and other disciplines/subjects; 7.5 breadth of knowledge in general education/liberal arts or pursuit of such knowledge. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 85 APPENDIX K OBSERVATION WORKSHEET (OW) EVALUEE: EVALUATOR: Name______________________________________ Name____________________________________ Position____________________________________ Title_____________________________________ Building____________________________________ Observation Date___________________________ Introduction: This worksheet is to serve as a discussion focus between the evaluator and the evaluee. It is to provide an instrument for goal setting during the school year and will not be included as part of the evaluee's permanent record. EVALUATION CRITERIA I. Instructional Skill: The certificated classroom teacher demonstrates, in his/her performance, a competent level of knowledge and skill in designing and conducting an instructional experience. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Makes provision for differences in ability among students. Provides for the previous knowledge, abilities and interests of the class. Makes effective use of instructional equipment, material and resource personnel. Provides a variety of activities in keeping with the maturity and attention span of students. Implements lesson plans but permits flexibility. Gives explanations, assignments and directions clearly. Makes reasonable and appropriate assignments. Motivates students by making lessons interesting and challenging. Helps students to develop acceptable work habits and study skills. Uses student learning objectives in planning instructional experiences for students. Evaluates daily lessons and units of study by assessing student achievement by objectives. S S S S S S S S S S S U U U U U U U U U U U NA NA NA NA NA NA NA NA NA NA NA Comments:____________________________________________________________________________________ ______________________________________________________________________________________________ II. Classroom Management: The certificated classroom teacher demonstrates, in his/her performance, a competent level of knowledge and skill in organizing the physical and human elements in the educational setting. 1. Selects and prepares equipment and materials in advance of lesson. 2. 3. Maintains orderly, attractive and stimulating classroom environment and atmosphere. Organizes individual, small group and large group experiences as appropriate.- S S S U U U NA NA NA Comments_____________________________________________________________________________________ ______________________________________________________________________________________________ III. Professional Preparation And Scholarship: The certificated classroom teacher exhibits, in his or her performance, evidence of having a theoretical background and knowledge of the principles and methods of teaching, and commitment to education as a profession. 1. 2. 3. 4. 5. 6. Considers abilities, interests and present performance levels of students in planning. Establishes immediate and long-range objectives. Prepares effective plans to meet objectives. Plans for continuing evaluation in lessons and uses results planning subsequent lessons. Provides adequate plans for a substitute teacher. Possesses and maintains appropriate academic background in subject area. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA S S S S S S U U U U U U NA NA NA NA NA NA PAGE 86 APPENDIX K CONT. 7. Demonstrates commitment to the profession and its code of ethics. S U NA Comments_____________________________________________________________________________________ ______________________________________________________________________________________________ IV. Effort Toward Improvement When Needed: The certificated classroom teacher demonstrates an awareness of his or her limitations and strengths, and demonstrates continued professional growth. 1. 2. 3. 4. Participates in in-service and career development activities Participates in continuing education and training initiated by the teacher. Follows through with recommendations make in evaluations. Sets personal goals. S S S U U U NA NA NA Comments_____________________________________________________________________________________ ______________________________________________________________________________________________ V. The Handling Of Student Discipline And Attendant Problems: The certificated classroom teacher demonstrates the ability to manage the non-instructional, human dynamics in the educational setting. 1. Classroom is quiet when appropriate. 2. Requires attention to the teacher when instruction is being given. 3. Requires students to conform to established rules. 4. Shows consistency and fairness in dealing with student behavior. 5. Disciplines students in firm but controlled manner. 6. Encourages students to develop courtesy, self-control, respect and responsibility. 7. Enlists assistance of counselors, vice-principal, principal and other support personnel when necessary. 8. Assists in maintaining control and enforcing rules throughout school. S S S S S S U U U U U U NA NA NA NA NA NA S S U U NA NA Comments_____________________________________________________________________________________ ______________________________________________________________________________________________ VI. Interest In Teaching Pupils: The certificated classroom teacher demonstrates an understanding of and commitment to each pupil, taking into account each individual's unique background and characteristics. The certificated classroom teacher demonstrates enthusiasm for or enjoyment in working with pupils. 1. 2. 3. 4. Develops rapport with the student as an individual in a professional manner. Deals with personal information and communication in an ethical manner. Evaluates individual student progress regularly and maintains records for report cards and/or parent conferences. Provides guidance and assistance for students. S S S U U U NA NA NA S U NA Comments_____________________________________________________________________________________ ______________________________________________________________________________________________ VII. Knowledge Of Subject Matter: The teacher demonstrates a depth and breadth of knowledge of theory and content in general education and subject matter specialization(s) appropriate to the elementary and/or secondary level(s). 1. 2. Possesses and maintains competence in subject matter. Keeps current on new developments, ideas and events in subject area(s) taught. S S U U NA NA Comments__________________________________________________________________________________ SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 87 APPENDIX K CONT. Additional Comments: _________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Date of Conference (if held): ____________________________ Evaluator's Signature: ________________________________________________________ Evaluee's Signature: ________________________________________________________________________ (The evaluee's signature indicates that he/she has read the evaluation but does not necessarily imply agreement) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 88 APPENDIX L EVALUATION OF PROFESSIONAL PERFORMANCE (EPP) Classroom Teacher Type of Evaluation NAME___________________________________________ _________Annual SCHOOL_________________________________________ _________90 Day Teaching Assignment________________________________ _________Other ___________________________________________________________________________ It is my judgment, based upon adopted criteria that this employee's overall performance has been ______________________ _______________________ during the period covered in this report. (satisfactory or unsatisfactory) ________________________________________ Principal's Signature ________________________________________________________________________________________ This evaluation is based in whole or in part upon observations for the purpose of evaluation which occurred on the dates and for the duration as indicated as follows: ____________________________________________________________________________ CRITERIA (Refer to list of adopted criteria) STRENGTHS, WEAKNESSES, SUGGESTIONS FOR IMPROVEMENT (Comments must be made in each category where the "unsatisfactory" column is checked) satisfactory unsatisfactory comments Professional Preparation And Scholarship Knowledge Of Subject Matter Instructional Skill Classroom Management Handling Of Student Discipline And Attendant Problems Interest In Teaching Pupils Effort Toward Improvement When Needed ADDITIONAL COMMENTS_______________________________________________________________ ____________________________________________________________________________________ My signature below indicates that I have seen this evaluation. It does not necessarily indicate agreement with the findings. Date__________________________ Employee__________________________________ SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 89 APPENDIX M STATEMENTS OF MINIMAL EVALUATIVE CRITERIA FOR CERTIFICATED SUPPORT PERSONNEL (EDUCATIONAL STAFF ASSOCIATES) Below are listed the five evaluative criteria which school districts will be required to use as a minimum basis for evaluating the performance of the certificated educational staff associates (ESA's) serving in their districts. Under each criterion are listed a number of indicators which might serve as a basis for determining the extent to which the educational staff associate was actually meeting the criterion. Indicators listed under each criterion are examples only, and the specific indicators actually employed in a district would be determined through the formal negotiation process. Criterion 1 Knowledge and Scholarship in Special Field - The ESA demonstrates a depth and breadth of knowledge of theory and content in the special field; the ESA demonstrates an understanding of and knowledge about common school education and the educational milieu grades P-12, and demonstrates the ability to integrate an area of specialty into the total school milieu. Possible Indicators: The evaluation procedure assesses the ESA's competency to: 1.1 provide a theoretical rationale for the ESA's individual use of various procedures; 1.2 demonstrate understanding of the basic principles of human growth and development; 1.3 demonstrate awareness of personal and professional limitations and have the ability and knowledge to make appropriate referrals; 1.4 relate and apply knowledge, research findings and theory deriving from the ESA's discipline to the development of a program of services. Criterion 2 Specialized Skills - The ESA demonstrates competency (skill and knowledge) in designing and conducting specialized programs of prevention, instruction, remediation and/or evaluation. Possible Indicators: The evaluation procedure assesses the ESA's competency to: 2.1 design and conduct a program providing specific and unique services within the ESA's discipline; 2.2 demonstrate ability to synthesize and integrate testing and non-testing data concerning the student; 2.21 to help student integrate and assimilate data; 2.22 to help others involved with the student interpret and use data appropriately and accurately; 2.23 to help other specialists by providing case study materials; 2.3 administer assessment procedures or to organize and prepare those whom will administer assessment procedures; 2.4 demonstrate ability to assist teachers and administrators integrate specialized information into the regular curricular program; 2.5 develop goals and objectives, which will facilitate the implementation of programs and services. Criterion 3 Management of Special and Technical Environment - The ESA demonstrates competency in managing and organizing the special materials, equipment and environment essential to the specialized program. Possible Indicators: The evaluation procedure assesses the ESA's competency to: 3.1 select or recommend testing and non-testing devices, material, and equipment appropriate to student needs; 3.2 demonstrates the use and an understanding of the limitations and restrictions of devices, materials, and procedures, etc.; 3.3 use comparative and interpretive data; 3.4 create an environment, which provides privacy and protects student and family information, as mandated by codes of ethics, federal and state regulations, and local school district policies. Criterion 4 The ESA as a Professional - The ESA demonstrates awareness of his limitations and strengths and attempts to improve and enhance competence; the ESA demonstrates knowledge of and commitment to the ethical code supported by his special competence area. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 90 APPENDIX M CONT. Possible Indicators: The evaluation procedure assesses the ESA's competency to: 4.1 demonstrate awareness of the law as it relates to area of specialization; 4.2 demonstrate awareness of responsibilities to students, parents, and other educational personnel as defined by the professional code of ethics supported by the ESA's competence area; 4.3 demonstrate commitment to professional activities (attendance at local and state meetings, consortium activities, participation on special committees, etc.); 4.4 demonstrate commitment to the concept of career-long professional growth by participation in workshops and seminars or graduate study. Criterion 5 Involvement in Assisting Pupils, Parents, and Education Personnel - The ESA demonstrates competency in offering specialized assistance and initiative in identifying those needing specialized programs. Possible Indicators: The evaluation procedure assesses the ESA's commitment to, and competence in, offering specialized assistance to: 5.1 consult with other ESA staff, school personnel, and parents, concerning the development, coordination, and/or extension of services to those needing specialized programs; 5.2 plan and develop an ESA program to serve the preventive and developmental needs of the school population and the special needs for some students; 5.3 interpret characteristics and needs of students to parents, staff, and community, in group and individual settings via oral and written communications. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 91 APPENDIX N SEDRO-WOOLLEY SCHOOL DISTRICT NO 101 Sedro-Woolley, Washington OBSERVATION WORKSHEET FOR CERTIFICATED SUPPORT PERSONNEL (EDUCATIONAL STAFF ASSOCIATES) Evaluee Evaluator Name: Name: Position: Title: Building: Observation Date: Introduction: This worksheet is to serve as a discussion focus between the evaluator and the evaluee. It is to provide an instrument for goal setting during the school year and will not be included as part of the evaluee’s permanent record. I. KNOWLEDGE AND SCHOLARSHIP IN SPECIAL FIELD: The ESA demonstrates a depth and breadth of knowledge of theory and content in the special field; the ESA demonstrates an understanding of and knowledge about common school education and the educational milieu grades K-12, and demonstrates the ability to integrate an area of specialty into the total school milieu. The evaluation procedure assesses the ESA's competency to: 1. Provide a theoretical rationale for the ESA's individual use of various procedures. 2. Demonstrate understanding of the basic principles of human growth and development. 3. Demonstrate awareness of personal and professional limitations and have the ability and knowledge to make appropriate referrals. 4. Relate and apply knowledge, research findings and theory deriving from the ESA's discipline to the development of a program of services. S U NA U NA COMMENTS: II. SPECIALIZED SKILLS: The ESA demonstrates competency (skill and knowledge) in designing and conducting specialized programs of prevention, instruction, remediation and/or evaluation. The evaluation procedure assesses the ESA's competency to: 1. Design and conduct a program providing specific and unique services within the ESA's discipline. 2. Demonstrate ability to synthesize and integrate testing and non-testing data concerning the student. 3. To help student integrate and assimilate data. 4. To help others involved with the student interpret and use data appropriately and accurately. 5. To help other specialists by providing case study materials. 6. Administer assessment procedures or to organize and prepare those who will administer assessment procedures. 7. Demonstrate ability to assist teachers and administrators integrate specialized information into the regular curricular program. 8. Develop goals and objectives, which will facilitate the implementation of programs and services. S COMMENTS: SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 92 APPENDIX N CONT. III. MANAGEMENT OF SPECIAL AND TECHNICAL ENVIRONMENT: The ESA demonstrates competency in managing and organizing the special materials, equipment and environment essential to the specialized program. The evaluation procedure assesses the ESA's competency to: 1. Select or recommend testing and non-testing devices, material, and equipment appropriate to student needs. 2. Demonstrates the use and an understanding of the limitations and restrictions of devices, materials, and procedures, etc. 3. Use comparative and interpretive data. 4. Create an environment, which provides privacy and protects student and family information, as mandated by codes of ethics, federal and state regulations, and local school district policies. S U NA COMMENTS: IV. THE ESA AS A PROFESSIONAL - The ESA demonstrates awareness of his/her limitations and strengths and attempts to improve and enhance competence; the ESA demonstrates knowledge of and commitment to the ethical code supported by his special competence area. The evaluation procedure assesses the ESA's competency to: 1. Demonstrate awareness of the law as it relates to area of specialization. 2. Demonstrate awareness of responsibilities to students, parents, and other educational personnel as defined by the professional code of ethics supported by the ESA's competence area. 3. Demonstrate commitment to professional activities (attendance at local and state meetings, consortium activities, participation on special committees, etc.) 4. Demonstrate commitment to the concept of career-long professional growth by participation in workshops and seminars or graduate study. S U NA COMMENTS: V. INVOLVEMENT IN ASSISTING PUPILS, PARENTS, AND EDUCATION PERSONNEL - The ESA demonstrates competency in offering specialized assistance and initiative in identifying those needing specialized programs. The evaluation procedure assesses the ESA's competency to: 1. Consult with other ESA staff, school personnel, and parents, concerning the development, coordination, and/or extension of services to those needing specialized programs 2. Plan and develop an ESA program to serve the preventive and developmental needs of the school population and the special needs for some students. 3. Interpret characteristics and needs of students to parents, staff, and community, in group and individual settings via oral and written communications. S U COMMENTS: ADDITIONAL COMMENTS: Date of Conference (if held) _________________________________________________________________________ Evaluator's Signature ______________________________________________________________________________ Evaluee's Signature _______________________________________________________________________________ (The evaluee's signature indicates that he/she has read the evaluation, but does not necessarily imply agreement) SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 93 NA APPENDIX O EVALUATION OF PROFESSIONAL PERFORMANCE (EPP) Counselor, Psychologist, Speech Therapist, Nurse Type of Evaluation NAME________________________________________________ _________Annual SCHOOL______________________________________________ _________90 Day Specialist Assignment____________________________________ _________Other (Specify if less than full time) It is my judgment, based upon adopted criteria that this employee's overall performance has been ______________________________________________ during the period covered in this report. (satisfactory or unsatisfactory) _________________________________________ Principal's Signature This evaluation is based in whole or in part upon observations for the purpose of evaluation which occurred on the dates and for the duration as indicated as follows: ___________________________________________________________________________ CRITERIA (Refer to list of adopted criteria) STRENGTHS, WEAKNESSES, SUGGESTIONS FOR IMPROVEMENT (Comments must be made in each category where the "unsatisfactory" column is checked) satisfactory unsatisfactory comments Personal Characteristics Relationship with Pupils Individual Assessment Relationship with Parents Relationship with Teachers Relationship with Administrators Professional Attitude & Activities Consultation & Coordination ADDITIONAL COMMENTS_______________________________________________________________ ____________________________________________________________________________________ My signature below indicates that I have seen this evaluation. It does not necessarily indicate agreement with the findings. Date__________________________ Employee__________________________________________ SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 94 APPENDIX P EVALUATION OF PROFESSIONAL PERFORMANCE (EPP) Librarian Type of Evaluation NAME________________________________________ _________Annual SCHOOL______________________________________ _________90 Day Librarian_______________________________________ _________Other (Specify if less than full time) It is my judgment, based upon adopted criteria, that this employee's overall performance has been _______________________________________________ during the period covered in this report. (satisfactory or unsatisfactory) __________________________________ Principal's Signature ___________________________________________________________________________ This evaluation is based in whole or in part upon observations for the purpose of evaluation which occurred on the dates and for the duration as indicated as follows: ___________________________________________________________________________ CRITERIA (Refer to list of adopted criteria) STRENGTHS, WEAKNESSES, SUGGESTIONS FOR IMPROVEMENT (Comments must be made in each category where the "unsatisfactory" column is checked) satisfactory unsatisfactory comments Media Role Program Planning Teaching Library Management and Discipline Pupil-Librarian Relations Personal Relations ADDITIONAL COMMENTS_______________________________________________________________ ____________________________________________________________________________________ My signature below indicates that I have seen this evaluation. It does not necessarily indicate agreement with the findings. Date__________________________ Employee________________________________________________ SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 95 APPENDIX Q PROFESSIONAL GROWTH OPTION VERIFICATION NAME_____________________________________ SCHOOL YEAR__________________________________ SCHOOL___________________________________ SUPERVISOR____________________________________ GRADE____________________________________ SUBJECT(S)______________________________________ GOAL(S) TEACHER, STUDENT, PROGRAM, ORGANIZATIONAL (TO BE COMPLETED BY STAFF MEMBER): __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ IDENTIFY SELF-ASSESSMENT INSTRUMENT(S) USED__________________________________________________ __________________________________________________________________________________________________ TO BE COMPLETED BY SUPERVISOR: PLANNING WORKSHEET WAS COMPLETED AND ACTIVITIES AND PROGRESS TOWARD GOAL ATTAINMENT WERE VERIFIED THROUGH ROUTINE OBSERVATION: _____________________________'S OVERALL PERFORMANCE HAS BEEN SATISFACTORY AND HAS MET STATUTORY REQUIREMENTS. DATE______________________ STAFF MEMBER_________________________________________ DATE______________________ SUPERVISOR____________________________________________ SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 96 APPENDIX Q (Cont.) PROFESSIONAL GROWTH OPTION REQUIREMENTS (PGO) 1. The Professional Growth Option(PGO) shall be available to teachers who have successfully completed four years of service with all satisfactory criteria indicators of the Evaluation of Professional Performance (EPP) report in the SedroWoolley School District. 2. The PGO shall encourage professional growth through goal setting and shall involve the teacher and the administrator in cooperative discussions, planning and collegial interaction for the accomplishment of goals. 3. The certificated employee shall complete an annual self-assessment, including the setting of individual professional goals and outlining a plan for accomplishing them. The plan may include observation and comment by one or more peers of the employee's choice, comments by students and/or comments by parents of students. Such observations and comments shall not be included as part of the certificated employee's personnel file. 4. All written materials except the PGO verification form generated for or resulting from the PGO process shall be kept separate from the personnel file. 5. During the Spring, new potential PGO participants for the following year will be identified and shall commit to attend an in-service regarding goal setting, communication and improvement of instruction. This will allow individuals, where applicable, to plan summer activities related to their potential goals. 6. During September and October teacher participants and supervisors shall meet to thoroughly discuss the potential goals and complete the PGO planning worksheet. Teachers should have in mind: the goals, the areas to be investigated, resources needed, colleagues to be involved, methods for collecting data and the methods for assessing growth toward the goals. 7. Throughout the year, the teacher and the supervisor shall meet formally and informally to discuss collaboratively the progress on the goals and to refine and update any need for resources.. 8. Thirty minutes of continuous observation documented on the District's PGO Verification form report of the observation shall be required. A written summary shall be given to the employee, but not placed in the personnel file. 9. In April or May a final meeting shall be held to analyze data and review the success of the goals. At this meeting the PGO Verification Form shall be completed collaboratively to be submitted to the employee’s personnel file. At this final meeting the supervisor will verify that the employee has met state statutory requirements and the teacher shall identify the self-assessment instrument they used. 10. Additional documentation (not including the PGO Verification Form) from the PGO cycle may not pass to the EPP cycle nor the employee’s personnel file. 11. Either the administrator or the teacher may upon written notice on or before November 1 terminate the PGO program and revert to the EPP. SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 97 APPENDIX R SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 98 APPENDIX S SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 99 APPENDIX T SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 100 APPENDIX U SEDRO-WOOLLEY SCHOOL DISTRICT/SWEA PAGE 101