AGREEMENT BETWEEN THE BOARD OF EDUCATION LAKE VILLA COMMUNITY CONSOLIDATED SCHOOL DISTRICT #41 LAKE COUNTY, ILLINOIS AND THE

Transcription

1 AGREEMENT BETWEEN THE BOARD OF EDUCATION LAKE VILLA COMMUNITY CONSOLIDATED SCHOOL DISTRICT #41 LAKE COUNTY, ILLINOIS AND THE LAKE VILLA FEDERATION OF TEACHERS A COUNCIL OF THE LAKE COUNTY FEDERATION OF TEACHERS LOCAL 504, IFT-AFT/AFL-CIO FOR THE SCHOOL YEARS

2 TABLE OF CONTENTS PREAMBLE 1 A. Parties to the Agreement 1 B. Recognition 1 C. Board (Management Rights) 1 D. Complete Understanding 1 ARTICLE I - UNION RIGHTS 2 A. Dissemination of Information to the Union 2 B. Union s Right to Address the Board 2 C. School Calendar 2 D. Use of School Facilities 2 E. Dues Deduction 3 F. Vending Machines 3 G. Lake Villa Gate Clause 3 H. COPE Deduction 3 I. Fair Share 4 ARTICLE II - TEACHER RIGHTS 5 A. Seniority and Honorable Dismissal 5-6 B. Classroom Material Budget 6 C. Vacancies 6-7 D. Curriculum Development 7-8 E. Teacher Protection 8 F. Physical Examinations 8 G. Supervisory and Fact-Finding Conference 8-9 H. Teacher Appearance Before the Board 9 I. Notice of Upcoming Teacher Assignment 9 J. Affiliation 9 K. Reprisal 9-10 L. Summer School 10 M. Academic After-School Programs 10 ARTICLE III - EVALUATION AND FILES 11 A. Evaluation - Formal - Informal B. Personnel Files 12 i

3 ARTICLE IV - LEAVES 13 A. Sick Leave B. Leave Due to Injury 14 C. Bereavement Leave 14 D. Parental Leave E. Leave-of-Absence Without Pay F. Family and Medical Leave Act 17 ARTICLE V - WORKING CONDITIONS 18 A. Supervisory Duties 18 B. Safety and Cleanliness 18 C. Working Area 18 D. Student Discipline 18 E. Preparation Time 18 F. Employment Year G. Workday 19 H. Opening Day and Closing Day 19 ARTICLE VI - SALARIES AND FRINGES 20 A. Payroll Procedures 20 B. Term-Life Insurance 20 C. Medical Insurance/Flexible Benefits Plan D. Graduate School Tuition E. Non-Graduate School Tuition 24 F. Movement on the Salary Schedule 25 G. Professional Meetings 25 H. Internal Substitute Pay 25 I. Automobile Liability Insurance 25 J. Mileage Reimbursement 26 K. Salary 26 L. Supplemental Duty Salary 26 M. Longevity N. Retirement Benefits ARTICLE VII - GRIEVANCE PROCEDURE 29 A. Purpose 29 B. Definition 29 C. Rights 29 D. Procedure: Informal Method 30 E. Procedure: Formal Method ii

4 ARTICLE VIII - CONTRACT DURATION, SUCCEEDING NEGOTIATIONS, AND RELATED TECHNICAL CLAUSES 32 A. Duration of Contract 32 B. Date to Start Negotiations 32 C. Procedure During Negotiations 32 D. Time of Negotiations 32 E. Technical Clauses 32 F. No Strike G. Typing and Printing of this Agreement 33 IN WITNESS THEREOF 33 APPENDIX I (A) SALARY SCHEDULE 34 APPENDIX I (B) SALARY SCHEDULE 35 APPENDIX I (C) SALARY SCHEDULE 36 APPENDIX I (D) SALARY SCHEDULE 37 APPENDIX II EXTRA-CURRICULAR PAY SUMMARY NON-CONTRACTUAL SIDE LETTER - CLASS SIZE 44 MEMORANDUM OF UNDERSTANDING - ADDITIONAL TERM LIFE INSURANCE 45 MEMORANDUM OF UNDERSTANDING PARENT-TEACHER CONFERENCES 46 iii

5 PREAMBLE A. Parties to the Agreement This Agreement is made by and between the Board of Education of Lake Villa Community Consolidated School District #41, Lake County, Illinois, hereinafter referred to as the Board and the Lake Villa Federation of Teachers, a Council of the Lake County Federation of Teachers, Local 504, Illinois Federation of Teachers-American Federation of Teachers, AFL- CIO, hereinafter referred to as the Union. B. Recognition The Board recognizes the Union as the sole and exclusive bargaining agent with respect to wages, hours, terms and conditions of employment for all contractual certificated employees, excluding substitutes, hereinafter referred to as teachers. The Superintendent, building principals, and any personnel who have the responsibilities which include making recommendations to the Board for the hiring, transfer, supervision, promotion, discipline, retention, or dismissal of personnel shall not be considered part of the bargaining unit. In the event the Board s operations or functions are transferred by electoral action to a successor agency, the Board shall, prior to the effective date of the transfer, do the following: 1. Notify the successor agency that a collective bargaining agreement exists between the Board and the Union. 2. Request the successor agency recognize the Union as the sole and exclusive bargaining agent with respect to wages, hours, terms and conditions of employment for the teachers of the successor agency to the extent permitted by law. 3. Request the successor agency maintain the collective bargaining agreement in full force and effect to the extent permitted by law. C. Board (Management Rights) The Union recognizes that the Board has the responsibilities and authorities to manage and direct in behalf of the public all the operations and activities of the School District to the full extent authorized by law. It is agreed that all subjects and rights which are beyond the scope of negotiations under the Illinois Educational Labor Relations Act, and also all subjects and rights which are within the scope of negotiations but which are not limited by the terms of the Agreement, are retained by the District. The District therefore retains the right to act unilaterally on any matter during the term of the Agreement as long as any unilateral action is not in violation of this Agreement. D. Complete Understanding The terms and conditions set forth in this Agreement represent the understanding and commitment between the parties hereto. The terms and conditions may be altered, added to, deleted from or modified only through the voluntary mutual consent of the parties in a written amendment executed by the parties. The Union agrees that all negotiable items that have been presented have been discussed during the negotiations leading to this Agreement. 1

6 ARTICLE I UNION RIGHTS A. Dissemination of Information to the Union 1. Names, addresses, and telephone numbers of teachers within the bargaining unit shall be provided to the Union upon written request at intervals not to exceed once per year. Additions and/or corrections shall be forwarded to the Union as they occur. 2. The Union shall be furnished any public financial information that is published by the Board upon written request. Nothing herein shall require the central administration office staff to research and assemble information. 3. The Board shall extend the same privilege to the Union that it does the general public concerning School Board meetings. Upon written request, the Union President shall be placed on the mailing list pertaining to Board meetings and business. 4. Copies of official Board minutes shall be ed to the Union President the day after adoption by the Board. 5. The Union President shall notify the Superintendent s Office of the names of the Building Representatives at the beginning of each school year. B. Union s Right to Address the Board The Board determines the content and order of its agenda. The Union has the right to speak to agenda and non-agenda items by complying with Board rules developed in compliance with the agenda under Public Comments. Union officers or representatives may not comment in open session on matters over which collective bargaining is occurring. C. School Calendar The Union President or designee shall be consulted before the adoption of the school calendar. D. Use of School Facilities The Union may use the District buildings at times other than normal working hours and hours of student instruction as long as written request is given by the Building Representative to the Administration of the building being requested four (4) hours in advance for approval or rejection. The Union agrees to pay for replacement of any school property damaged or destroyed by its members or through its use. 2

7 E. Dues Deduction The Board shall deduct from the pay of each teacher, and within ten (10) working days forward to the Union, membership dues of the Union, provided that at the time of such deduction there is in possession of the Board a written authorization for dues deduction voluntarily executed by the teacher. The Union shall specify annually, in writing, the amount of membership dues to be prorated and deducted from the paychecks starting in October and ending in May. Termination of employment for any reason shall constitute revocation of authorization for dues deduction. Any other revocation of authorization for dues deduction shall be in accordance with the terms set forth in the authorization then in use. The Union shall indemnify and hold harmless the Board of Education, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that arise out of or by reason of any action taken or not taken by the Board for the purpose of complying with the above provision of this Article, or in reliance on any list, notice, certification, affidavit, or assignments furnished under any of such provisions. F. Vending Machines Profits of vending machines placed in teachers lounges, teachers dining areas and/or teachers workrooms shall be the Union s, provided that Union members shall perform and pay for all necessary and incidental tasks for the operation of such machines in times other than the normal teaching day (it may be maintained during lunch periods and before or after school while the building is open). The Board reserves the right to limit the number of vending machines in excess of one (1) in any building. G. Lake Villa Gate Clause No person shall be permitted to monitor or record by mechanical or electronic means, any Union meeting or education activity involving teachers without their knowledge. This provision shall not apply to legally permissible law enforcement activities. H. COPE Deduction The Board agrees to honor contribution deduction authorization from its teachers in the following form (or reasonable likeness): I hereby authorize the Board of Education to deduct from my salary, during the last pay period in October only, the sum of $ and to forward that amount to the Lake County Federation of Teachers, Committee on Political Education (COPE). This authorization shall continue in effect from year to year unless revoked by me in writing prior to October 1 of any school year, or upon termination of my employment. This authorization is voluntarily made on the specific understanding that the signing of this authorization and the making of payment to the COPE are not conditions of membership in the Union or of employment with the District. The Board shall not be held liable for any violation of COPE agreement, providing the Board meets all of the above agreement. 3

8 I. Fair Share All teachers covered by this Agreement who are not members of the Union shall, commencing thirty (30) days after their employment, pay to the Union each month their proportionate share of the cost of services rendered as measured by the amount of dues uniformly required by members of the Union. Such proportionate share payments shall be deducted by the Board from the earnings of the nonmember teachers under the same time schedule as regular dues deductions and be paid to the Union, except as may be provided otherwise by law for those teachers with bona fide religious objections. The Union shall provide an audited account certifying the proportionate share of the Union dues for services rendered. The Union shall submit to the Board an affidavit which specifies the amount which constitutes said proportionate share, which amount shall not exceed the dues uniformly required of members of the Union. The Union shall indemnify and hold harmless the Board of Education, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability, including, but not limited to, damages, attorneys fees, and costs that shall arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this Article, or in reliance on any list, notice, certification, affidavit or assignment furnished under any of such provisions. 4

9 ARTICLE II TEACHER RIGHTS A. Seniority and Honorable Dismissal 1. Seniority shall be defined as the length of continuous* service in a position requiring a professional educator license in District #41 (excluding service as a substitute); any bargaining unit member granted bargaining unit service for purposes of contractual seniority with nonbargaining unit District service prior to the beginning of the school year shall be grandfathered. (*Pursuant to the General Provisions for Unpaid Leave, set forth herein, seniority shall not continue to accrue during any long-term leave of absence without pay, but any accrued seniority held by the teacher at the start of the leave shall be restored upon his/her return.) 2. If the Board determines that a reduction in the number of teachers employed is necessary, or that a particular type of teaching service should be discontinued, the Board shall remove teachers from within the category of position to be reduced or discontinued, based on each teacher s placement in 1 of 4 performance evaluation groups in the sequence of honorable dismissal list. Teachers shall be honorably dismissed in group order (i.e., 1-4); with teachers in Group 1 the first to be honorably dismissed and teachers in Group 4 the last to be honorably dismissed. From amongst those teachers in Group 1, the District shall have the discretion to honorably dismiss in any sequence. Within Group 2, the sequence of dismissal shall be based upon the average performance evaluation ratings, with the teacher with the lowest average performance rating dismissed first. In the event two or more teachers in Group 2 have an identical average evaluation rating, the teacher with the shorter length of continuing service (i.e., less seniority) shall be honorably dismissed first. Within Groups 3 and 4, the teachers with the shorter length of continuing service (i.e., less seniority) shall be honorably dismissed first. If seniority between two or more teachers is identical, then the teachers respective scheduled salaries shall determine seniority, with the higher(est) paid teacher ranked more senior and so on. If there continues to be a tie, the teacher with the greater total length of teaching experience shall be considered more senior. If there still continues to be a tie, the District shall determine seniority using a transparent lottery method. If the Board exercises its discretion to lay off teachers during the term of this Agreement, the laid off teachers shall have the following rights: a. The right to maintain insurance under the Board s insurance program by electing and paying for such coverage in accordance with the COBRA continuation rules and regulations; b. If the Board has any vacancies, teachers who are honorably dismissed from Group 3 and Group 4 (and those teachers from Group 2 who have statutory recall rights) shall have the right to be recalled in the inverse order of layoff, in accordance with the provisions of the Illinois School Code, 105 ILCS 5/24-12, provided the teacher is determined to be qualified to hold the position to which he/she is to be recalled, based on legal qualifications and any other qualifications established by the District in a job description; and c. The right to have accrued sick leave and seniority restored if the teacher is recalled. 3. At least seventy-five (75) calendar days before the end of the school term, the Administration, in consultation with the Union, shall prepare a sequence of honorable dismissal list categorized by 5

10 position and sorted according to the performance groupings set forth above. Within Groups 3 and 4, the qualified teachers shall be ranked in seniority order. Within Group 2, the qualified teachers shall be sorted first by average evaluation rating and then ranked in seniority order. The list shall include each teacher qualified to teach in said category of position and shall set forth the teacher s last 1, 2 (or 3, if necessary) summative performance evaluation ratings. With notice to the Union, the Administration may move a teacher from Group 1 into another Group during the period of time from 75 days until 45 days before the end of the school term. A copy of sequence of honorable dismissal list shall be provided to the Union president. Additionally, on or before February 1 st of each year, the District, in consultation with the Union, shall prepare a seniority list showing the length of service of each teacher and the teachers qualifications to hold certain positions. The list shall be posted in each building and a copy shall be provided to the Union president. The list shall indicate that teachers are requested to review the list and submit any corrections as soon as possible. Thereafter, the list shall be updated for the school year and posted again no later than March 1. Length of service (i.e., seniority) shall be as defined in Article II. Section A. 1. of the Agreement above. B. Classroom Material Budget Each Principal or designee shall meet with the faculty before the end of the school year to establish the process by which supplies and learning materials are to be ordered for the next school year. Teachers may agree to establish individual budgets, grade level budgets, team budgets or other ordering methods or processes. C. Vacancies As used in this Section, a) the term vacancies shall only mean teaching positions, except for paragraph 1 which shall mean all vacancies, both teacher and administrative, and b) post or posting shall mean that postings will be placed on the appropriate bulletin board in the teachers lounge as well as sent via District to all teachers in the District, unless otherwise specified. It is understood between the parties that the postings are sent by the District solely as a convenience for the teacher. The District shall not be responsible for any transmission or individual or system-wide hardware/software failures and all vacancies shall be considered posted according to the date reflected on the posting which is physically placed on the bulletin board. However, the term vacancy shall not be construed to include openings resulting from the mere redeployment of staff due to a reduction in force or a reduction in sections. 1. The Administration shall post notice of vacancies existing in all staff positions for the following year as they occur. Should vacancies or new positions be created after the close of the school term, notice of such vacancies shall be posted in the District Administration Office and a copy forwarded to the Union President and sent via District to all teachers in the District. A posting date shall be placed at the top of the notice and the signature of the person posting the notice along with the date on which the notice is posted placed at the bottom of the notice. Nothing contained herein shall obviate the Superintendent from meeting the requirements of Paragraph 4 below. It is understood between the parties that the postings are sent by the District solely as a convenience for the teacher. The District shall not be responsible for any transmission or individual or system-wide hardware/software failures and all vacancies shall be considered posted according to the date reflected on the posting which is physically placed on the bulletin board. 2. Any teacher wishing to be considered for building, subject or grade level transfers or positions must notify the office of the Superintendent in writing and may indicate the reasons for requesting the transfer or promotion and the school and/or positions desired. Copies of this request will be 6

11 sent by the Superintendent to the concerned building principals. The receiving principal will contact the teacher for an interview. Approval of the receiving building principal involved is a prerequisite for said transfer. 3. Factors to be considered for involuntary transfers are teacher competency, certification, instructional requirements and written recommendations of the principals and the Superintendent. Where the foregoing factors are substantially equal, teachers with the most seniority within the affected building, grade level or subject matter, whichever is deemed applicable by the Superintendent, shall be considered last for involuntary transfer, provided the educational needs of the District are met. Any teacher affected by an involuntary transfer shall be released from his/her contract if he/she desires. To the extent permitted by Section 5/ of the Illinois School Code, any teacher transferred involuntarily shall receive first consideration in any requested transfer for future vacancies, unless the involuntary transfer was for pedagogical reasons or as a result of documented difficulties concerning interaction with other professional staff. 4. When a position opens or a new position is created, teachers who have met the requirements of #2 above shall be notified of the opening by the Superintendent at an address provided by the teacher and to the extent permitted by Section 5/ of the Illinois School Code, shall receive first consideration over non-employees, if qualified for the position. If two (2) or more teachers seeking a vacant position should be judged equal in qualifications, which qualifications shall include, but not be limited to, experience in the area and availability, seniority in the District shall determine the selection. 5. Any teacher desiring a transfer to a vacant or new position shall submit his/her application: a) within seven (7) calendar days if the position is posted on the first day of school through May 31 st ; b) within fourteen (14) calendar days if the position is posted on June 1 st through July 31 st ; or c) within one (1) calendar day if the position is posted on August 1 st until the first day of school. D. Curriculum and Professional Development 1. There shall be one or more curriculum committees announced by the Administration near the beginning of the school year. The announcement shall include: the subject(s) to be reviewed; the number of participants needed (by type, subject, grade, etc.); anticipated length of commitment; and tentative meeting dates/times. The curriculum committee will take place after school, approximately 2 hours each day, with a stipend of $28/hour. Interested teachers may submit their names to Administration. Administration and the Union shall jointly select the participants with the goals of including classroom teachers as at least 50% of the participants and including representation from each school. The role of the committee is to audit existing curriculum; research curriculum options, which shall include published curriculum, if available and desired by committee members; pilot a unit of study and make a recommendation to the Board to adopt the curriculum. The Board may determine whether to adopt the curriculum in its sole discretion. If the curriculum is approved by the Board, the committee shall continue to meet during the following school year to review material distribution, availability and access, and elicit and review feedback from the staff and determine what adjustments, if any, are necessary. 7

12 If it is determined by the Superintendent, or designee, that curriculum work needs to continue to take place over the summer, committee members shall be paid $250 per day (i.e., 7 hours to include 1 hour for lunch) for their service. If it is determined by the Superintendent, or designee, that new curriculum work needs to take place over the summer, then in April of each year, the Administration shall post notice of any opportunities to serve on curriculum committees during the upcoming summer. The notices will be posted for 14 days and will include information concerning the curricular areas under review, the dates the committee will meet, the number of teachers required, any particular qualifications needed (e.g., experience, grade level, subject area, certification, building, etc.) and any other information pertinent to the committee work. Teachers who are interested must apply during the 14 day posting period. If the Administration determines that it can form a suitable committee from amongst the teachers volunteering to perform the curriculum committee work, it will select and notify the committee members by May 15 th. Committee members shall be paid $250 per day (i.e., 7 hours to include 1 hour for lunch) for their service. Once selected, the committee member is expected to perform the committee work unless prevented from doing so due to an emergency. If the Administration determines, in its sole discretion, that there is a lack of suitable volunteers, the curriculum work will instead be performed during the school year. In the event that a curriculum program does not take place after school during the school year, or over the summer, and it is determined by the Superintendent, or designee that the curriculum work needs to takes place during the work day of the school year, teachers who serve on a curriculum committee during the school day will be paid a daily stipend for their time out of the classroom and for any work necessary to complete responsibilities of the committee. Such daily stipend shall be equal to two periods paid at the internal substitute rate. 2. Any teacher (i.e., excluding literacy/technology coaches) who is asked by the Assistant Superintendent for Teaching and Learning and who agrees to make a formal presentation (i.e., not informal collaboration) at a teacher institute on a topic related to curriculum development shall receive a $200 per day stipend for his/her service. Any teacher or literacy/technology coach who is asked by the Assistant Superintendent for Teaching and Learning and who agrees to make a formal presentation (i.e., not informal collaboration) at a summer institute on a topic related to curriculum development shall receive a $200 per day stipend for his/her service. E. Teacher Protection 1. Any complaint by a parent deemed to be of a serious nature by the building principal shall be communicated to the teacher(s) toward whom the complaint was directed. 2. The Board shall reimburse teachers for loss or damage to property the teacher received permission from the building principal to use in the performance of regular duties providing the teacher took proper precautions to protect such property from such loss or damage. The amount of reimbursement shall be limited to three hundred fifty ($350) per loss. To obtain permission the teacher must submit a request to the building principal on the District-approved permission form. F. Physical Examinations If a medical examination is required by the Board, the Board shall bear the cost of the examination. G. Supervisory and Fact-Finding Conferences 8

13 1. If an administrator requires a teacher to attend a supervisory conference,, the teacher shall be given two (2) working days advanced written notice, absent emergency which involves the safety of students and employees, together with the reasons for any such meeting or conference, the charges against the teacher, and any documentary evidence, if any exists, in support of the charges. A supervisory conference is a meeting held by an administrator for the purpose of informing a teacher of the outcome of an investigation and may include notice of administrator s plans to recommend the teacher s discipline, unpaid suspension or dismissal to the Board of Education. Teachers shall have the right to Union representation in any supervisory conference. 2. Fact-finding conferences between teachers and administrators to obtain information or clarification of incidents, events or activities shall not be considered supervisory. Teachers shall have the right to Union representation in any fact-finding conference. H. Teacher Appearance Before the Board When any teacher is required to appear before the Board or any Board committee, the teacher shall be given ten (10) calendar days advance written notice and the reasons for such meeting or interview. The teacher shall have the right to have a Union representative present to witness the proceedings and advise him/her. However, the teacher has the right to accept a shorter notice than ten (10) calendar days if mutually agreed. I. Notice of Upcoming Teacher Assignment Each teacher shall be notified in writing of his/her tentative assignments for the forthcoming year no later than the last teaching day for the current school year. Such notification shall include specific teaching assignments with respect to class subject and/or class title and grade level. In the absence of such notice, the teacher shall assume the same assignment as that held in the preceding school year. If a teacher receives notice of a change of assignment within five (5) calendar days of the first day of student attendance, then the teacher shall receive a one time stipend of two hundred dollars. In the case of upcoming teacher assignments resulting from any new building(s), any new additions to any existing building(s) or relocation of any grade level(s), notice of teacher assignments shall be provided as soon as possible. Should emergency situations, including but not limited to late enrollment or fluctuations in enrollment, create the necessity of a change in assignment after the teacher receives notice of his/her tentative assignment, the teacher shall be notified of such change in assignment, together with the reasons for such change, by certified mail. If the teacher feels a change in assignment is unjust or unnecessary, the teacher shall have the right to appeal the change in assignment directly to the Superintendent. The Superintendent or his/her designee shall then confer by some means with the teacher within two (2) working days, if practicable. J. Affiliation Teachers shall have the right to organize, join, and assist the Union. discouraged from joining the Union by administrators or the Board. Teachers shall not be K. Reprisal There shall be no reprisal by the Administration or the Board toward any member of the faculty for legal Union activities. The Board shall not discriminate against any teacher with respect to conditions 9

14 of employment by reasons of his/her Union membership or his/her participation in negotiations with the Board nor shall the Board discriminate against any teacher for his/her institution of any grievance, complaint, or proceeding under this Agreement. L. Summer School Should the Board conduct a summer school program, teachers shall be notified by posting in the teachers lounge and via District to each teacher in the District of anticipated opportunities in the summer school by May 15, or as information becomes available. It is understood between the parties that the postings are sent by the District solely as a convenience for the teacher. The District shall not be responsible for any transmission or individual or system-wide hardware/software failures and all vacancies shall be considered posted according to the date reflected on the posting which is physically placed on the bulletin board. To the extent permitted by Section 5/ of the Illinois School Code, where possible, classroom teachers from the District, if qualified in the subject matter and approved by the Administration, shall be hired to teach summer school. If two or more teachers are judged by the Administration to be equally qualified, the more senior teacher shall be selected to teach the summer school position. M. Academic After-School Programs Should the Board conduct an academic after-school program, teachers will be notified by posting a notice in the teachers lounge and via District to each teacher in the District. It is understood between the parties that the postings are sent by the District solely as a convenience for the teacher. The District shall not be responsible for any transmission or individual or system-wide hardware/software failures and all vacancies shall be considered posted according to the date reflected on the posting which is physically placed on the bulletin board. To the extent permitted by Section 5/ of the Illinois School Code, where possible, classroom teachers from the District, if qualified in the subject matter and approved by the Administration, shall be hired to teach the academic after school program. If two or more teachers are judged by the Administration to be equally qualified, the more senior teacher shall be selected to teach the academic after-school program. 10

15 ARTICLE III EVALUATION AND FILES A. Evaluation - Formal - Informal 1. The process plan for formal evaluation shall be developed by the Board, the Union and the Administration, and shall be consistent within the District. The teacher evaluation plan shall be reviewed jointly and annually. 2. By no later than September 15 for tenured and non-tenured teachers, the evaluator shall preview with the teacher, staff of each building, or with the entire staff, the procedures, techniques, and evaluation instruments to be used during the formal evaluation. 3. The evaluator shall notify the teacher at least three (3) days before a formal evaluation and shall make his/her presence known upon entering the classroom or teaching area. 4. The evaluator shall furnish the teacher a copy of the formal evaluation report within ten (10) school days after the evaluation. 5. The evaluator shall review the report with the teacher and answer pertinent questions within his/her realm of authority as they pertain to the report. This review shall occur within five (5) school days of receipt of the evaluation or may be extended by mutual agreement of both parties. 6. If the teacher feels that the report is incomplete, inaccurate, or unjust, he/she may submit objections in writing to be added to the formal evaluation report provided such objections are submitted no later than fifteen (15) school days after receipt of a copy of the evaluation by the teacher. 7. a. One of the purposes of formal teacher evaluation may be to improve the instructional capabilities of the teacher. b. In addition, teachers recognize informal evaluation is a continuing process and may be accomplished verbally, in writing by memo, on authorized forms, or in any other manner appropriate to the evaluation situation, and so long as such is in compliance with School Code and Rules and Regulations related thereto (i.e., Part 50 Rules). 8. As a primary responsibility of the teacher to his/her profession, it is agreed that each teacher who is asked by the Board through its administration to work with fellow teachers or to share their knowledge with fellow teachers shall do so without compensation during the regular school day. 9. Teacher evaluations shall be in compliance with the requirements of Article 24A of The School Code of Illinois. The document for this purpose shall be known as Guidelines for Teaching and Teacher Evaluations # Disagreement with Evaluation A teacher who disagrees with an informal observation/evaluation because he/she thinks the evaluator included a rating for a component that was not observed, or who disagrees with a formal/informal observation/evaluation because the evaluator rated him/her Unsatisfactory in any component may request to meet with his/her evaluator to address the teacher s concern. In 11

16 either case, the Superintendent, or designee, has the right to schedule a new evaluation, in his/her sole discretion. If the concern is not resolved, the teacher may submit a rebuttal, which shall include the fact that the teacher met with the evaluator, but that the concern was not resolved. This shall not preclude teachers from submitting rebuttals to their summative evaluation in other circumstances. 11. Request to Reschedule Observation A teacher who is experiencing an atypical day due to unforeseen personal circumstances may ask his/her evaluator to reschedule a formal or informal observation to another day. Such request shall be granted no more than once per year, provided the request is made before the observation commences or during the observation, and so long as the evaluator believes that he/she can still complete his/her observation schedule in a timely manner, which is to say before the summative evaluation is due. Any rescheduled observation must occur within three (3) work days. B. Personnel Files 1. Such teacher files as necessary for the efficient management of the District shall be kept by the Board. A teacher shall have the right, on a day when the Administration Office is open and an administrator is present, to review his/her personnel file and may respond in writing to documents in the file. Any such written response shall become a part of the file. The time taken for personnel file review shall be in addition to the teacher s regular workday and shall be taken at a time that does not interfere with the instructional program. 2. The teacher shall have the right to have additional materials of his/her own choosing in his/her personnel file if this additional material is found pertinent to said file by the Board and/or Administration. 3. Any document in the personnel file of a teacher shall be signed and dated by the administrator placing such document in the file. Any document that is neutral or reflects positively on a teacher shall be copied and provided to the teacher if the administrator placing the document in the file deems such appropriate. Any document that reflects negatively on a teacher shall be countersigned and dated by the teacher. Such signature of the teacher shall not necessarily indicate agreement with the contents of the document, but shall indicate that the teacher has seen the document and been given a copy. Should the teacher refuse to countersign any document, an administrator and one (1) witness shall so indicate in writing on the document. Any document that reflects negatively on a teacher and does not bear the countersignature of the teacher or a written and witnessed indication that the teacher refused to countersign the document shall not be used against the teacher in any matter concerning discipline or dismissal. 4. The copying of items in the personnel file by the Board, Administration, and the teacher shall be governed by state and federal laws applicable to the copying of such documents. 5. Any material that is to be permanently removed from a current teacher s personnel file shall be forwarded to the teacher. Any copies of document(s) made from the file shall be noted by a receipt identifying the document(s) and its copier. 12

17 ARTICLE IV LEAVES A. Sick Leave 1. Sick leave shall be interpreted to mean personal illness, quarantine at home, or serious illness or death in the immediate family or household, or birth, adoption or placement for adoption. For purposes of this Section below, immediate family shall include parents, spouse (including from same-sex marriage), brothers, sisters, children, grandparents, grandchildren, parents-in-law, brothers-in-law, sisters-in-law, grandparents-in-law, domestic partners and legal guardians. The Board may require a certificate from a physician licensed in Illinois to practice medicine and surgery in all its branches, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations or a physician assistant who has been delegated the authority to perform health examinations by his or her supervising physician, or if the treatment is by prayer or spiritual means, that of a spiritual advisor or practitioner of such teacher s faith, as a basis for pay during leave after an absence of three (3) consecutive days for personal illness, or thirty (30) days for birth, or as the Board may deem necessary in other cases. If the Board does require a certificate as a basis for pay during a leave of absence of less than three (3) days for personal illness, the Board shall pay the expenses incurred by the teacher in obtaining the certificate. For the purposes of this Section, birth shall include not only the actual birth but also any period of disability of the mother or child due to birth. However, birth shall not be interpreted to include a non-disability, child-rearing leave. For purposes of this Section, adoption and placement for adoption shall include only those activities reasonably related and appropriate to the process for adoption or placement for adoption, including parental bonding, court and travel time where necessary. For paid leave for adoption or placement for adoption, the Board may request evidence that the formal adoption process is underway. 2. Each teacher shall be entitled to a total of at least sixteen (16) sick days with full pay per school term. Any teacher who is absent from work must document the actual amount of work time missed in the AESOP automated attendance system. Unused sick leave shall accumulate without limit. At the end of each school year, each teacher shall receive written notice of his/her accumulated leave time. 3. Three (3) of the sixteen (16) sick leave days per school term may be designated as personal business days by the teacher. Personal business shall be defined as private business matters which cannot be conducted during non-school hours. Personal business days may not be used on institute, or parent-teacher conference days. Teachers who desire to use a personal business day on the last school day before or the first school day after a holiday or school recess must submit a request in writing to the Superintendent at least five (5) business days in advance. Requests to use personal leave on the last school day before or the first school day after a holiday or school recess will be approved on a first-come, first-served basis, subject to the following conditions: (a) no more than two teachers per building; and (b) teachers may not use two consecutive personal business days during this period. Aside from those teachers who receive the Superintendent s approval to use personal business leave, no other teacher may use personal business leave during this period, except in emergency circumstances. In such a case, 13

18 the teacher may be required to verify the emergency to the District. Teachers are expected to fulfill their professional responsibilities by reporting for duty during the work year and may not elect to use unpaid dock days to extend vacations, holidays or other personal business. In extenuating circumstances, a teacher may request permission of the Superintendent to use an unpaid dock day(s). However, the Superintendent s grant or denial of such request shall be discretionary and non-precedential. 4. Any teacher who has perfect attendance in a given year shall receive a stipend of three hundred fifty dollars ($350). 5. When a teacher s religion requires worship or observance that cannot be performed other than during school hours, and observance is not otherwise provided in the school calendar, up to two (2) days with pay may be taken annually. However, the Superintendent shall require any such days used by the teacher to be made up during the course of the same fiscal year. 6. The Union may submit a request to the Superintendent to allow some or all of its members to donate their own sick leave days to a colleague who has experienced a catastrophic personal illness or injury and has exhausted his/her own sick leave days. The Superintendent, in his/her sole discretion, may grant or deny the request, and such decision shall be non-precedential and non-grievable. In no event shall more than (thirty) 30 sick leave days be donated to any one teacher during the course of the teacher s employment with District 41. In the event the Superintendent approves a request, one day of sick leave shall be deducted from each donating teacher and transferred to the recipient teacher. If more teachers offer to donate their sick leave days than the recipient teacher requires, the District shall pro-rate the day to be deducted from each teacher s sick leave. B. Leave Due to Injury A teacher who experiences a compensable workers compensation injury may elect to supplement his/her worker s compensation disability benefits by utilizing one-third (1/3) of a day of his/her available sick leave for each day of his compensable workers compensation absence. After the teacher notifies the District of his/her desire to supplement his/her workers compensation disability benefits with his/her available sick leave, the District will continue the teachers salary at full pay. The teacher shall be required to tender his/her disability benefit check to the District. The District will then deduct one-third (1/3) of a day from the employee s available sick leave for each day of workers compensation disability benefit. The Board agrees to cover teachers under the Worker s Compensation laws to the extent required by the State of Illinois. C. Bereavement Leave Bereavement leave of up to three (3) days with pay shall be granted for each death in the immediate family which, for the purpose of this provision only, shall be defined as: parents, spouse (including from same sex marriage), brothers, sisters, children, grandparents, grandparents-in-law, grandchildren, parents-in-law, aunts, uncles, brothers-in-law, sisters-in-law, nieces, nephews, domestic partners and legal guardians. It is expected the teacher will only take as many bereavement days as are necessary under the circumstances. 14

19 D. Parental Leave 1. As used herein, parental leave shall mean maternity leave, paternity leave, or leave for the purpose of adoption. 2. A teacher shall notify the Superintendent in writing of his/her desire for a short or long-term parental leave at least sixty (60) days prior to such leave and shall be bound by such requested leave. a. Short-term parental leave without pay shall be granted for a period of up to six (6) weeks after the birth or receipt of the child. b. Long-term parental leave without pay shall not exceed the school year in which it commences and one (1) additional year, provided that in no event shall such leave exceed twenty-three (23) months. The teacher shall return from such long-term parental leave only at the beginning of the school year. Absent extraordinary circumstances, which shall be determined at the sole discretion and on a non-precedential basis by the Superintendent, or his/her designee, a teacher whose parental leave exceeds twelve (12) months (including summer and breaks) in a twenty-four (24) month consecutive period shall be ineligible for a long-term parental leave without pay until at least one full school year has elapsed from the date of his/her return from long-term parental leave. c. A teacher may also elect to use sick leave days for parental absences. However, beginning with the school year, a teacher on parental leave may only elect to use up to sixty (60) of his/her sick leave days, provided such days are used continuously. No teacher may use more than sixty (60) of his/her sick leave days while on parental leave unless the teacher qualifies for the use of such additional sick leave days pursuant to Section A.1 of this Article IV (i.e., due to personal illness, etc.). In the event both parents are employed by the District, each shall be permitted to use up to sixty (60) continuous sick leave days, provided such days are used simultaneously. 3. During the course of any non-paid parental leave, should the teacher agree and if needed by the District and acceptable to the Administration, nothing shall preclude the utilization of the teacher as a substitute or replacement. No such utilization shall affect the leave status of the teacher as provided for elsewhere herein. 4. If mutually agreed upon by the Board or its designee and the teacher, any parental leave may be terminated earlier or extended later than the previously agreed upon plan. 5. Upon return from a parental leave, a teacher shall be assigned to the exact position he/she held prior to the leave unless reassignment is necessitated by a circumstance unrelated to his/her parental leave (e.g., reduction in force, elimination of a section due to a decline in enrollment) The teacher shall file an intent to return from leave with the Superintendent no later than February 1, of the calendar year in which the leave terminates, or if leave is less than forty-five (45) days, intent must be given before leave is granted. 6. All benefits to which a teacher was entitled at the time parental leave commenced including unused sick leave (less any sick leave days used as part of this leave), shall be restored upon return. However, the teacher shall not be granted any additional sick leave days until such time as he/she returns to work. 7. During a short-term parental leave and the first twelve (12) weeks of any long-term parental leave, all group insurance premiums on behalf of the teacher shall continue to be paid by the Board, as provided for elsewhere herein. During any long-term parental leave, the teacher may 15

20 maintain his/her insurance by electing and paying for such coverage in accordance with the COBRA continuation rules and regulations. 8. Seniority in the District shall continue to accrue during any short-term parental leave. During longterm parental leaves, seniority in the District shall not continue to accrue; however, any accrued seniority held by the teacher prior to the commencement of the leave, shall be restored to the teacher upon termination of the leave. 9. It is understood that a non-tenured teacher may be approved for an unpaid leave under the same terms and conditions applicable to a tenured teacher. However, for a school term to count toward the attainment of tenure, the non-tenured teacher must work at least one hundred twenty (120) full time employment days. A school term that is not counted toward attainment of tenure shall not be considered a break in service for purposes of determining whether the non-tenured teacher has been employed for the period of time necessary to attain tenure, provided that the non-tenured teacher actually teaches or is otherwise present and participating in the District s educational program in the following school term. E. Leave-of-Absence Without Pay 1. A tenured teacher may request an unpaid leave of absence for one of the following reasons by submitting a written request to the office of the Superintendent. The Superintendent shall present the request to the Board and shall recommend to the Board whether to grant or deny the request. The Board may approve a leave-of-absence for up to two (2) year without pay and benefits: a. Exchange teaching program in other states, territories, or countries; b. Foreign or military teaching programs; c. Peace Corps, Teacher Corps, Job Corps as a full-time participant; d. Cultural travel or work program related to his/her professional responsibilities; e. Serious matters involving the health or well-being of an immediate family member. f. Leaving for a period of study. g. Any other reason the Superintendent, in his/her discretion, may deem appropriate, and with such decision being non-precedential. 2. General Provisions a. To qualify for such leaves, the teacher shall state his/her intention to return to the District. b. The teacher shall provide proof upon return that said leave was used in the manner intended when leave was granted or the teacher shall not be reinstated. c. Upon return from any such leave, the teacher shall be assigned to the same or similar position held prior to the leave, if available. d. All benefits to which a teacher was entitled at the time leave-of-absence commenced, including unused sick leave (less any sick leave days used as part of this leave) shall be restored upon return, unless such benefits were modified or eliminated through collective bargaining of a successor Agreement. 16