LAKE BLUFF TEACHERS COUNCIL, IEA-NEA. and LAKE BLUFF ELEMENTARY SCHOOL DISTRICT

Transcription

1 LAKE BLUFF TEACHERS COUNCIL, IEA-NEA and LAKE BLUFF ELEMENTARY SCHOOL DISTRICT COLLECTIVE BARGAINING AGREEMENT

2 TABLE OF CONTENTS ARTICLE I Recognition Recognition Council Rights...1 ARTICLE II Administration - Council Operations Committee Purpose District Operations Committee...2 ARTICLE III Negotiations and Impasse Procedures Good Faith Negotiations Procedures Mediation Changes in Contract...3 ARTICLE IV Grievance Procedure Definitions Informal Step Procedures Bypass No Reprisals Clause Grievance Meetings Release Time for Arbitration Hearings Filing of Materials Grievance Withdrawal Time Limits Expedited Arbitration Costs Court Reporter Postponement Settlement Legal Counsel/IEA Staff...7 ARTICLE V Council Rights Access to Information Bulletin Board and Mail Opening Institute Days Council Use of District Facilities and Equipment Names and Addresses of New Employees Council Leave Availability of Agreement Distribution of Agreement...9 ARTICLE VI Payroll Deduction for Council Dues Dues Collection Fair Share...10 ARTICLE VII Management Rights...12 i

3 ARTICLE VIII Teacher Rights Right to Council Representation Personnel File Teacher Discipline...13 ARTICLE IX No Strike/No Lockout Provision No Strike Provision No Lockout Provision...14 ARTICLE X Vacancies and Transfers Notification of Assignment Vacancies Posting of Vacancies Voluntary Transfers Involuntary Transfers...15 ARTICLE XI Working Conditions Length of School Year Teacher Work Day Planning Time Allowance for Classroom Enhancements Teacher Facilities Teacher Evaluation Plan...18 ARTICLE XII Salary Schedule, Placement and Movement Salary Schedule and Vertical Movement Placement Education and Horizontal Movement Extra Duty Pay Pay for Internal Substitute Teachers...22 ARTICLE XIII Leaves Sick Leave Sick Leave Accumulation Voluntary Donation of Sick Days Personal Leave Bereavement Leave Part-time Teachers Leaves Family Leave and Medical Leave Maternity/Child Care Leave without Pay for Full-Time Tenured Teachers Jury Duty Leave Sabbatical Leave...27 ARTICLE XIV Reduction-In-Force Procedure Seniority...28 ARTICLE XV Insurance and Other Fringe Benefits Life Insurance Insurance Part-time Teachers Ineligible for Insurance Benefits Insurance Committee...30 ii

4 15.5 Tuition Reimbursement Flexible Benefit Plan Teacher Retirement Contribution Workshops/Conventions Post-Retirement Insurance Benefits...31 ARTICLE XVI Retirement Incentive Program Eligibility Incentive Program Participation Options Conditions of Participation in the Incentive Plan Post Retirement Lump Sum Severance Payment...34 ARTICLE XVII Term and Effect of the Agreement Savings Clause Effect of Agreement Duration Contract Re-Opener...35 APPENDIX A Salary Schedules...37 APPENDIX B Extra Duty Pay Scale...41 APPENDIX C Memorandum of Understanding...46 iii

5 ARTICLE I RECOGNITION 1.1 Recognition The Board recognizes the Lake Bluff Teachers Council, IEA-NEA as the exclusive bargaining representative for all licensed personnel (hereinafter teachers ) currently placed on the salary scale. For purposes of defining licensed personnel on the salary scale, the following persons are excluded: employees who are now or hereafter employed in an administrative and/or supervisory capacity (including the curriculum and technology teacher leaders), substitutes, teachers aides, licensed school nurses, and all other employees now or in the future not herein named who are not in the category being recognized. 1.2 Council Rights The Board agrees not to negotiate with any teacher individually or any group of teachers or teachers organization other than the Council for the duration of this Agreement, unless otherwise permitted by statute, regulation, or case law. Page 1

6 ARTICLE II ADMINISTRATION-COUNCIL OPERATIONS COMMITTEE 2.1 Purpose The Board and Council believe that a commitment to open and consistent communication between the parties will foster an optimal educational environment for students, Administration, Council members and the Board. 2.2 District Operations Committee A. To establish and maintain open lines of communication and a collaborative decisionmaking process between the Administration and the Council, there will be an Administrator-Council Operations Committee which meets at least every other month to review and discuss various topics. B. The exact dates for such meetings shall be decided upon by the Council President and the Superintendent prior to the first day of each school year. An agenda shall be prepared in advance of the meeting by the Council President and the Superintendent. It is expressly understood and agreed that such meetings do not constitute bargaining nor grievance processing. C. The Superintendent and Council President(s) and Vice-President will also meet monthly to discuss matters of mutual concern. Page 2

7 ARTICLE III NEGOTIATIONS PROCESS 3.1 Good Faith Negotiations The Board and the Council agree to negotiate in good faith and in accordance with the Illinois Educational Labor Relations Act. The exclusive remedy of any alleged violation of this provision shall be the filing of a charge with the Illinois Educational Labor Relations Board. 3.2 Procedures Unless both parties mutually agree in writing, negotiations shall start no later than April 1 of the year in which the Agreement terminates. At the first session, the parties shall discuss mutually acceptable ground rules, if any, and when all items must be presented in writing. It is understood that salary and benefit proposals may be presented throughout negotiations. 3.3 Mediation It is agreed that if impasse is declared by either party, both parties will jointly request a mediator from the Federal Mediation and Conciliation Service (FMCS). Should the FMCS be unavailable, the parties may seek a replacement prior to contacting the Illinois Educational Labor Relations Board. Fees and expenses of the mediation, if any, shall be shared equally by the Council and the Board. 3.4 Changes in Contract Any change in contract language is subject to the mutual consent and ratification by both parties. Page 3

8 ARTICLE IV GRIEVANCE PROCEDURE 4.1 Definitions A. A grievance is a claim by a teacher(s) or the Council that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement. B. All time limits shall consist of teacher work days. When a grievance is submitted fewer than ten (10) days before the close of the school term, time limits shall consist of week days when the District Office is open. 4.2 Informal Step The parties acknowledge that it is usually most desirable for a teacher and the teacher s immediately involved supervisor to resolve problems through free and informal communications. When requested by the teacher, a Council representative may accompany the teacher to assist in the informal resolution of the problem. In the event that the Council is the grievant, an attempt may be made to resolve the dispute by informal discussions between the Administration and/or Board and Council representatives. If, however, the informal process fails to satisfy either party, a formal grievance may be processed as set forth below. 4.3 Procedures Step 1 Administrator If the grievance has not been resolved through the informal step, the grievant(s) shall put the grievance in writing and file it through the Council with the Administrator directly involved. The written grievance shall include the relevant facts, the provision(s) of the Agreement violated, and the relief sought. The grievance shall be submitted within twenty (20) days of the event giving rise to the grievance or within twenty (20) days of when the grievant(s) should reasonably have become aware of such event. Within ten (10) days of the receipt of the grievance, the Administrator involved shall hold a meeting with the grievant(s) and the Council representative or, if the Council is the grievant, with the Council representative. Within ten (10) days of the meeting, the grievant(s) and the Council representative, or the Council representative when the grievant is the Council, shall be provided with the Administrator's written response, including the reasons for the decision. Step 2 Superintendent If the grievance is not resolved at Step 1, the Council may refer the grievance to the Superintendent within ten (10) days after the date of the Step 1 response. The Page 4

9 Superintendent shall arrange with the grievant(s) and Council representative or, if the Council is the grievant, with the Council representative, for a meeting to take place within ten (10) days of the Superintendent's receipt of the grievance. Within ten (10) days of the meeting, the grievant(s) and the Council representative, or the Council representative when the grievant is the Council, shall be provided with the Superintendent's written response, including the reasons for the decision. Step 3 Board If the grievance is not resolved at Step 2, then the Council may appeal it to the Board by written notification to the Board President within fifteen (15) days after receipt of the Step 2 response. The Board President shall then schedule a meeting with the Board within ten (10) days after receipt of the appeal, to take place within twenty (20) days after receipt of the appeal. Within ten (10) days of the Board meeting at which this grievance is discussed, the Board President shall render a written response on behalf of the Board, including the reasons for the decision. Step 4 Arbitration If the Council is not satisfied with the disposition of the grievance at Step 3, it may be submitted to final and binding arbitration through the American Arbitration Association which shall act as the Administrator of such further proceedings. If a demand for arbitration is not filed within twenty (20) days of the receipt of the Step 3 response, then the grievance shall be deemed withdrawn. The arbitrator shall have no power to alter any terms of this Agreement. 4.4 Bypass By mutual agreement of the parties involved in each step, any step of the grievance procedure may be bypassed. 4.5 No Reprisals Clause No teacher who participates in these procedures shall be subjected to discipline or other reprisal relative to conditions of employment because of such participation. Any teacher who perceives that his/her rights have been violated under this provision has only one remedy, to file a charge with the Illinois Educational Labor Relations Board. 4.6 Grievance Meetings Meetings under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, to attend. These meetings will be held after regular school hours or during non-duty time of the personnel involved. Page 5

10 4.7 Release Time for Arbitration Hearings Should an arbitration hearing be scheduled during the school day, the Council will give the Administration sufficient notice, but in no event less than five (5) days prior to the hearing, of the witnesses necessary to testify and the names of as many as two (2) Council representatives who will attend the arbitration hearing so that the Administration can arrange for appropriate substitutes. All witnesses necessary to testify and as many as two (2) Council representatives shall be released from their regular duties for the time necessary to participate in the hearing without loss of pay or benefits. 4.8 Filing of Materials All documents and information concerning the processing of a grievance shall be filed separately from the personnel file of the participant unless the grievant chooses otherwise with respect to his/her own personnel file. When a grievance concerns a document placed in the personnel file, that document will be removed if it is inconsistent with the adjustment of a grievance. Where applicable, it will be replaced with a document consistent with the adjustment. 4.9 Grievance Withdrawal A grievance may be withdrawn at any level without establishing precedent Time Limits The failure of the grievant(s) or the Council to act on any grievance within the prescribed time limits will act as a bar to any further appeal. The failure of an Administrator, the Superintendent or the Board to give a decision within the time limits shall permit the grievant(s) to proceed to the next step. The time limits of the grievance procedure may be extended by mutual agreement of the parties involved Expedited Arbitration 4.12 Costs By mutual agreement, the Expedited Arbitration Rules of the American Arbitration Association may be used instead of the Voluntary Labor Arbitration Rules. The fees and the expenses of the arbitration shall be shared equally by the parties. Page 6

11 4.13 Court Reporter By mutual agreement, the cost of a court reporter shall be shared equally by the parties. If only one party requests the presence of a court reporter, that party shall bear the cost of the reporter Postponement By mutual agreement, the cost of a postponement of an arbitration hearing shall be shared equally by the parties. If only one party requests the postponement, that party shall bear the cost of such postponement Settlement By mutual agreement, a grievance may be settled at any step without establishing precedent. At or after Step 3 of the grievance procedure, the Board and the Council may mutually elect to meet informally on any grievance filed by the Council (including a grievance filed by the Council on behalf of a teacher) to pursue settlement options Legal Counsel/IEA Staff If legal counsel and/or IEA staff is to be present at any meeting throughout the formal grievance procedure, participating parties shall be notified in writing five (5) days prior to the scheduled meeting. Page 7

12 ARTICLE V COUNCIL RIGHTS 5.1 Access to Information The Board will, upon request, provide the Council with information in accordance with its obligations under the Freedom of Information Act and the Illinois Educational Labor Relations Act. Any perceived violation of this provision shall not be subject to the grievance/arbitration provision. 5.2 Bulletin Board and Mail The Council shall have the right to use school mailboxes, the District's inter-school mail services and , subject to the District s acceptable use policy. The Council may place in each school building a bulletin board in each employee lounge. 5.3 Opening Institute Days The Board agrees to allow the President of the Council to address the faculty during the Opening Institute Days. 5.4 Council Use of District Facilities and Equipment The Board shall allow the Council to use available facilities in which to meet and store files and materials. The Council shall have the right to use equipment at reasonable times when such equipment is not in use. The Council shall pay for the cost of materials and supplies. 5.5 Names and Addresses of New Employees In August, prior to the teacher s first work day of the school year, the names and addresses of newly hired teachers shall be made available to the Council President upon request. 5.6 Council Leave In the event that the Council desires to send representatives to local, state, or national conferences or meetings, these representatives shall be excused without loss of salary; provided, however, the Council gives five (5) days written notice to the Superintendent and reimburses the District for the cost of the substitute(s). The aggregate number of days for Council leave shall not exceed ten (10) days in any school year except with the permission of the Superintendent. Should a teacher become an NEA Director, that teacher will be entitled to an additional five (5) days of leave without loss of pay to attend state and national meetings of the IEA and NEA; provided, however, that said teacher Page 8

13 gives the Superintendent five (5) days written notice and the Council reimburses the District for the cost of a substitute. 5.7 Availability of Agreement This Agreement shall be posted on the District s website. 5.8 Distribution of Agreement The Administration shall be responsible for ing this Agreement to all teachers. Page 9

14 ARTICLE VI PAYROLL DEDUCTION FOR COUNCIL DUES 6.1 Dues Collection The Administration will deduct the current dues of the Council from the pay of each teacher covered by this Agreement provided that the Administration has been provided with teacher-executed written authorization to do so. The amount of the deduction shall be certified by the Council prior to the first of October of each school year. The Administration shall forward the amount deducted to the Council in a timely fashion. 6.2 Fair Share A. It is recognized that the negotiation and Administration of this Agreement entail expenses which appropriately are shared by all teachers who are beneficiaries of said Agreement. Therefore, teachers covered by this Agreement who are not members of the Council shall be required to pay their fair share of the costs of the collective bargaining process, contract Administration and pursuing matters affecting wages, hours and conditions of employment, commensurate with the dues uniformly required of members. The fair share fee shall not include any fees for contributions related to the election or support of any candidate for political office or other political contributions. To this end, if a teacher does not join the Council or execute a dues deduction authorization mutually agreed upon by the parties thereto, such teacher will: 1. Execute an authorization for the deduction of a sum equal to the cost of services by the Council that are chargeable to non-members under state or federal law, or 2. Pay directly to the Council a like sum. B. In the event such an authorization is not signed or such direct payment is not made within thirty (30) days following the commencement of employment, the Administration will deduct from the regular salary check of the teacher the fair share fee in payments of equal installments, starting with the subsequent payroll period provided: 1. The Council has posted the appropriate notices of imposition of such fair share fee in accordance with the rules and regulations of the Illinois Educational Labor Relations Board, and 2. By the first of October of each school year, the Council has certified in writing to the Administration the amount of such fair share fee (which amount must not exceed that permitted by applicable law) and that notice of imposition of such fair share fee has been posted. Page 10

15 C. In no event shall the Administration begin such fair share fee deduction earlier than fourteen (14) days (or any later period as required by the Rules and Regulations of the Illinois Educational Labor Relations Board) after certification by the Council. D. The provisions of this section shall not apply to any teacher employed after the start of the second semester for the remainder of that school year only. For each subsequent school year that that teacher is employed, the provisions of this section shall apply. E. In the event a teacher objects to the amount of such fair share fee, the Administration shall continue to deduct the fee and transmit the fee or the portion of the fee in dispute to an escrow in accordance with the rules and regulations of the Illinois Educational Labor Relations Board. If the teacher is entitled to a refund, the teacher shall receive such refund pursuant to the applicable Illinois Educational Labor Relations Board procedures. F. If a non-member teacher declares the right of non-association based upon bona fide religious tenets, such teacher shall be required to pay an amount equal to the teacher's proportionate share to a non-religious charitable organization mutually agreed upon by the teacher and the Council. If the teacher and the Council are unable to reach agreement on the matter, a charitable organization shall be selected from a list established and approved by the Illinois Educational Labor Relations Board in accordance with its rules. G. The Council, the Illinois Education Association, and the National Education Association agree to indemnify and save the Board and Administration harmless against any claims, demands, suits, or other form of liability which may arise by reason of any action taken or omitted by the Council or the Administration in complying with the provisions of this section, including reimbursement for any legal fees or expenses incurred in connection therewith. H. The Administration agrees to notify the Council promptly in writing of any written claim, demand, or suit in regard to which it will seek to implement the provisions of Section G above. Page 11

16 ARTICLE VII MANAGEMENT RIGHTS 7.1 It is understood and agreed that the Board has and retains all the customary and usual rights, functions and authority of management pursuant to the Illinois Educational Labor Relations Act. 7.2 The Board hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of Illinois and of the United States. 7.3 Except as provided in this Agreement, the Board hereby retains and reserves unto itself the following rights: A. To the exclusive managerial, organizational administrative control of the District and its properties and faculties; B. To direct the work of its teachers, determine the time and hours of operation and determine the kinds and levels of services to be provided and the methods and means of providing those services including entering into contracts with private vendors for services; C. To hire all teachers, and, subject to the provisions of law, to determine their qualifications and the conditions for their continued employment or dismissal; and to review, evaluate and assign all such teachers; D. To establish educational policies, goals and objectives; to ensure rights and educational opportunities of students; to determine staffing patterns; to determine the number and kinds of teachers required in order to maintain the efficiency of the District operations with input from the Council where feasible; E. To build, move or modify facilities; establish budget procedures and determine budgetary allocation; and take action on any matter in the event of any emergency. 7.4 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Board, in adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of the Agreement. 7.5 The Board option to not exercise any rights hereby reserved to it, or its exercising any such functions in a particular way, shall not be deemed a waiver of its right to exercise such function or preclude the Board from exercising the same in some other way not in conflict with the express provisions of this Agreement. Page 12

17 ARTICLE VIII TEACHER RIGHTS 8.1 Right to Council Representation When any teacher is required to appear before an Administrator/supervisor or the Board concerning any matter which is disciplinary in nature or which could adversely affect the terms and conditions of his/her employment, the teacher shall be advised that he/she is entitled to have a representative of the Council present to advise him/her and represent him/her during such meeting or interview. The teacher shall be given advance written notification of such meeting, unless, in the judgment of the Administrator, the well-being of a student or the efficient operation of the School District warrants having the teacher appear without receiving written notice. 8.2 Personnel File There shall be one official personnel file for each teacher. Upon request, a teacher may examine and reproduce materials in his/her personnel file and may have a representative accompany him/her for such review. A teacher shall have the right to include a written response to any adverse materials found in his/her personnel file. Teachers may petition the Superintendent to remove adverse materials from their personnel files. The final decision on removal will rest with the Superintendent, but the Superintendent s decision shall not be arbitrary and capricious. 8.3 Teacher Discipline Teacher discipline that results in a suspension with or without pay shall be for just cause. It is specifically agreed that this section shall not apply to oral reprimands, written reprimands, or a decision by the Board to terminate a teacher for performance, conduct, or RIF reasons or to not renew the contract of a non-tenured teacher, and that such decisions shall not be subject to the grievance and arbitration provisions of this Agreement. Anonymous complaints, which have not been substantiated, shall not be the basis for discipline. Page 13

18 ARTICLE IX NO STRIKE/NO LOCKOUT PROVISION 9.1 No Strike Provision The Council agrees for itself and its individual members that, during the term of this Agreement, none of its officers, representatives, or members shall authorize, support, engage in, or take part in any strike or walkout, or shall engage in or support any unlawful activity which would disrupt the operations of the schools. This shall include sympathy strikes. In the event of any violations of any provision of this Article by the Council, its members, representatives, or by any teacher, the Council shall, upon notice from the Board, immediately direct such teachers both orally and in writing to resume normal operations immediately and make every other reasonable effort to end any violation(s). 9.2 No Lockout Provision Neither the Board nor the Administration will assist, authorize, engage in, or take part in a lockout against the licensed staff during the term of this Agreement. Page 14

19 ARTICLE X ASSIGNMENTS, VACANCIES, AND TRANSFERS 10.1 Notification of Assignment A teacher shall be given written notice of any intended change of his/her assignments for the forthcoming school year no later than the last day of the current school year. Such notice shall include location(s), work schedule, and job description. If, subsequent to the current school year, circumstances require any changes in teacher assignments, the affected teacher(s) shall be notified within two (2) business days via and U.S. Mail Vacancies A vacancy shall be defined as any newly created position or a position created when a teacher leaves that position for any reason, provided the Board has approved the continuation of the position and first tendered available positions to teachers with recall rights and/or made any involuntary transfers of teachers Posting of Vacancies During the school year, the Superintendent shall post for five (5) school days in each school building a notice of any District vacancy as it occurs. A copy of such notice shall be sent electronically to the President(s) of the Council Voluntary Transfers A teacher requesting a specific transfer to a posted vacancy notice must submit a written transfer request form to the building Administrator where that vacancy exits within five (5) school days of the initial posting. The teacher shall be notified of the action taken on the transfer request. Any teacher who is denied his or her request for the transfer may request a conference with the Administrator listed on the vacancy notice within fourteen calendar (14) days of receiving the denial. However, in no event shall the contents of that discussion or the decision not to approve the transfer be subject to the grievance procedure set forth in this Agreement unless the Administrator s decision was arbitrary and capricious Involuntary Transfers A. The Board reserves the right to make involuntary transfers for the general welfare of the District. An involuntary transfer shall be defined as an assignment change to a different grade level, or to another building, or to a subject matter not previously taught. Page 15

20 B. When an involuntary transfer is determined necessary by the Board the following process shall occur: Step 1. The building Administrator shall meet with the teacher (before any decisions have been finalized) and inform the teacher that he/she will likely be transferred. Both the teacher and the building Administrator shall have a right to be accompanied by one person at this meeting. At that time, the teacher may give input and ask questions. Additionally, the teacher will have three (3) school days after that initial meeting to submit more input and/or express concerns or objections in writing to the building Administrator. Step 2. If, after Step 1 is completed, the building Administrator determines that the teacher is to be further considered for a transfer, the teacher shall be advised of that determination in writing. Step 3. If the teacher objects to the determination of the building Administrator, he/she may request a meeting in writing with the Superintendent. The Superintendent shall conduct that meeting within three (3) school days of the request. Both the teacher and the Superintendent shall have a mutual right to be accompanied by one person at this meeting. Step 4. The Superintendent shall notify the teacher of his/her final decision regarding the transfer of the teacher. In the event that the Superintendent determines that the teacher shall be transferred, the Superintendent will provide the teacher with a letter of assignment within three (3) school days of that meeting. C. It is expressly agreed that, while the building Administrator/Superintendent s failure to participate in any step of the involuntary transfer process, as set forth above, may be subject to the grievance/arbitration process, in no event shall any decision made by an Administrator or Superintendent regarding the disposition of the involuntary transfer be subject to the grievance/arbitration procedure unless the decision was arbitrary and capricious. Page 16

21 ARTICLE XI WORKING CONDITIONS 11.1 Length of School Year There shall be one hundred eighty four (184) teacher employment days Teacher Work Day The regular teacher work day shall normally be four hundred forty (440) minutes, inclusive of the duty-free lunch period. This 440 minute work day shall include, but is not limited to, student instructional/student contact minutes, pre and post school time, and preparation minutes during the school day. Each elementary school teacher shall be expected to be at the school not less than fifteen (15) minutes before and stay no less than twenty (20) minutes after the student day. Each middle school teacher shall be expected to be at the school not less than ten (10) minutes before and stay no less than ten (10) minutes after the student day. In addition to the teacher work day as defined above, teachers may be required to attend the following meetings: A. Faculty meetings may be held after school twice a month and shall not extend beyond one and one half-hour (1 1/2) hours after student dismissal. Normally, such meetings shall be on the same day throughout the school year as designated by the Superintendent provided that such a day is not Friday. During those months when the school calendar includes half days for students or early arrival or dismissal days, one of the faculty meetings will be held during the balance of the work day. Two (2) of these faculty meetings, one in the fall and one in the spring, shall be designated for Team Meetings. B. Parent-Teacher Conference Nights, as well as two (2) additional evening meetings may be required during the school year. C. Teachers may be required to attend Child/Study Team Meetings, Multi-Disciplinary Staff Conference Meetings, and Annual Review Meetings. The Administration shall schedule those meetings during the regular teacher work day, as defined above. However, when those meetings can only be scheduled outside the regular work day, a teacher may be required to attend one (1) meeting outside the regular workday. If a teacher, on his/her own volition schedules a meeting for any reason other than an MDC meeting, that meeting will not be charged against the one (1) additional meeting that may be required. Page 17

22 11.3 Planning Time Under normal circumstances: A. Each elementary school classroom teacher, including special subject teachers, shall have a minimum of six (6) planning periods each week. Every effort will be made to schedule at least one (1) planning period per day. With the exception of kindergarten, all such planning periods shall be scheduled within the school day. B. Each middle school teacher shall have a minimum of two (2) planning periods per day; provided, however, two (2) planning periods each week shall be committed to Team Meetings Allowance for Classroom Enhancements Each full-time teacher shall have a $150 requisition allowance to purchase materials to be used in assigned classes. A part-time teacher will receive a prorated allowance. Teachers may choose to pool their allowances. The building Principal shall have the authority to reject any acquisition that the principal determines to be objectionable for that building, but the Principal s decision shall not be arbitrary and capricious. All acquisitions shall remain the property of the School District Teacher Facilities Each building shall have a child-free work area. No smoking or use of any tobacco related product will be permitted on or within school property at any time Teacher Evaluation Plan A. Pursuant to the requirements of Public Act , the Board and the Council shall establish a committee of equal representation to incorporate student growth as a significant factor in teacher evaluations as in compliance with the requirements of Article 24A of the School Code and regulations of the Illinois State Board of Education. Once developed, the revised evaluation tool will be submitted to the Board President and the Council President for consideration and ratification by the parties. B. Grievability The substance and performance rating of individual evaluations shall not be subject to the grievance procedure. The teacher may respond in writing to the substance of any evaluation and have such response attached to the evaluation. Violations of the evaluation procedures are subject to the grievance procedure. Page 18

23 C. Consulting Teachers 1. The participation of the Consulting Teacher shall be voluntary. 2. The Consulting Teacher shall not be engaged to evaluate the performance of the teacher under remediation. 3. The Board shall indemnify and hold harmless the Consulting Teacher, subject to Section of the Illinois School Code. 4. The Consulting Teacher shall: a. Have no loss of pay or benefits because of his/her involvement as a Consulting Teacher. b. Be provided a substitute teacher and clerical help when necessary and appropriate to meet the duties as a Consulting Teacher. c. Be paid a stipend of $120 per month for each month that he/she serves as a Consulting Teacher. Page 19

24 ARTICLE XII SALARY SCHEDULE, PLACEMENT AND MOVEMENT 12.1 Salary Schedule and Vertical The salary schedule for teachers is attached to this Agreement as Appendix A. Vertical movement on the salary schedule shall be limited to no more than one step per year. Full-time teachers who actively work more than ninety-three (93) contract days during the school term preceding the school year in question shall be entitled to advance one vertical step the following year. Teachers who actively work less than ninety-three (93) contract days during the school term shall remain on the same vertical step the following year. Part-time teachers who actively work more than one half (1/2) plus one (1) day of their contract days during the entire school term preceding the school year in question shall be entitled to advance one vertical step the following year. Part-time teachers who actively work half their contract days or less during the entire school term preceding the year in question shall remain on the same vertical step the following year. Only full-time or part-time teachers who have an Excellent or Proficient performance evaluation rating shall be eligible for vertical movement under the above paragraph. If a teacher receives a Needs Improvement rating, the teacher will be frozen at the existing step until he/she has earned a Proficient rating, upon which the teacher will move vertically with retroactive pay for that year. If a teacher receives a second consecutive rating of Needs Improvement or an Unsatisfactory rating, then the teacher will not be afforded retroactive vertical movement when/if a Proficient rating is earned Placement The Administration reserves the right to grant full credit to new teachers for up to all years of previous experience. An official transcript of credits for all teachers must be on file in the office of the Superintendent in order for said teacher to receive credit and be properly placed on the salary schedule Education and Horizontal Movement Horizontal advancement on the salary schedule will be allowed following completion of accepted courses, as per the attached salary schedule Educational credits for graduate-level courses to be applied toward horizontal movement on the salary schedule must be submitted to the Superintendent for approval in advance. Factors to be considered when determining approval include applicability to the subject matters taught, pedagogy, student learning, and direct relation to the field of education. If Page 20

25 approval is denied by the Superintendent, he/she shall provide the teacher and the Council with reasons for the denial. It is agreed that the Superintendent will approve graduate-level coursework only from accredited higher education institutions. The Superintendent s final decision is not subject to the grievance/arbitration procedures. Cohort programs submitted as a whole will be considered prior to enrollment. A list and description of courses will be submitted to the Superintendent for approval. Any deviation from the approved program must receive approval from the Superintendent. If approval is denied by the Superintendent, he/she shall provide the teacher and the Council with reasons for the denial. It is agreed that the Superintendent s final decision is not subject to the grievance/arbitration procedures. Official transcripts that indicate that the teacher earned approved credit for the course are due by October 1. Salary adjustments will be reflected on the November checks and credit shall be retroactive to the start of the school year in which the official transcript is presented Extra Duty Pay The extra duty pay scale for teachers is attached to this Agreement as Appendix B. During the term of this Agreement, the Board will post all paid extra duty positions every two (2) years (i.e., in spring, 2016, and spring 2018) to afford teachers an opportunity to apply for the stipend positions. The Board reserves the right to remove any teacher from an extra duty position if he/she is not fulfilling the duties of that position. The Board and Council shall establish a Stipend Review Committee that will meet at least once annually to provide input for adding new stipend positions, reviewing hours needed for an extra duty position, developing necessary forms, developing expectations for positions, and considering candidates for positions. The building Principal will make the final decision on candidates who will fill extra duty positions. Page 21

26 12.5 Pay for Internal Substitute Teachers If a teacher is requested, required, or approved by a Principal to teach, perform a duty, and/or attend to students during his/her preparation time, he/she will be compensated at a rate of $40.00 per hour (pro-rated). Page 22

27 ARTICLE XIII LEAVES 13.1 Sick Leave A. Each full-time teacher will be granted twelve (12) sick leave days without loss of pay in each school year. Sick leave shall be defined as personal illness, quarantine at home, serious illness or death in the immediate family or household, or birth, adoption, or placement for adoption. Immediate family shall include parents, spouse, partner by civil union, brothers, sisters, children, grandparents, grandchildren, parents-in-law, brothers-in-law, sisters-in-law, and legal guardians. B. In accordance with the Illinois School Code, the Board may require medical certification from an approved practitioner as a basis of pay after an absence of three (3) days for personal illness or thirty (30) days for birth or as the Board deems necessary in other cases. The Board may also ask the teacher to submit to an examination by a physician selected by the Board, at its expense Sick Leave Accumulation All unused sick leave days will accumulate from year to year without limitation Voluntary Donation of Sick Days 1. All members of the bargaining unit are eligible to participate. A teacher can only request donation of additional sick leave days when sick leave is needed due to the medical needs of the teacher or his/her immediate family. 2. Participation, either as a donor or recipient, is voluntary. 3. Each teacher will be limited to donating a maximum of three (3) full days per year. 4. The teacher must have used all of his/her regular sick leave days and all of his/her personal leave days to be eligible to request and receive donated days. 5. Requests for donated days shall be made to the Council President, who shall then contact the bargaining unit with the request. The Superintendent shall then be notified as to the number of days donated and by whom Personal Leave A. Each full-time teacher will be granted five (5) personal leave days each year without loss of pay. Any unused personal leave days shall convert to and accumulate as sick Page 23

28 leave, subject to the limitations set forth in Section 13.2, at the end of each school year. B. Requests for personal leave shall be submitted in writing at least two (2) days in advance to the building Principal. In the case of an emergency, the two-day period may be waived by the Principal. C. When schools and school offices are officially closed by the Superintendent, due to emergency, no personal leave days previously arranged by the teacher will be deducted for such emergency days. D. Personal leave is subject to the following conditions: 1. Personal leave days may not be used in increments of less than one-half day; 2. Teachers will not be permitted to take a personal day on the day preceding or the day immediately following a scheduled school vacation period without prior approval of the Superintendent; 3. Personal leave days may not be used during the first five (5) days or the last five (5) days of the school year without prior approval of the Superintendent; 4. Personal leave days may not be used on in-service, workshop, or institute days without prior approval of the Superintendent; and 5. No more than ten percent (10%) of teachers from each school shall be permitted to utilize a personal leave day on the same calendar date, without prior approval of the Superintendent Bereavement Leave In addition to the sick leave provided hereinabove, teachers shall be granted up to three (3) days of bereavement leave at full pay per year for the death of a member of the teacher s immediate family, as defined in Paragraph 13.1 above, or for aunts, uncles or cousins. If additional days are needed, such additional days shall be deducted from the teacher s accumulated sick leave. This bereavement leave shall not accumulate from year to year Part-time Teachers' Leaves All part-time teachers shall be entitled to a pro rata share (rounded to the nearest.1) of Sick Leave and Personal Leave. Page 24

29 13.7 Family and Medical Leave In accordance with the Family and Medical Leave Act ( FMLA"), the District will grant eligible employees unpaid family and medical leaves of absence as provided under Board Policy. FMLA leave is available in one or more of the following instances: 1. The birth and first-year care of a son or daughter, expiring at the end of the 12- month period beginning on the child s birthdate. 2. The adoption or foster placement of a son or daughter, including absences from work that are necessary for the adoption or foster care to proceed and expiring at the end of the 12-month period beginning on the placement date. 3. The serious health condition of an employee's spouse, child, or parent. 4. The employee's own serious health condition that makes the employee unable to perform the functions of his or her job. 5. For military-related reasons as provided under the FMLA. Eligible teachers may take up to 12 workweeks of family and medical leave between July 1st and June 30th. A teacher requesting a family or medical leave must provide notice to the Superintendent as soon as practicable. Where the need for a leave is foreseeable, such as leave taken for the birth of a child or planned medical treatment, the teacher must provide at least thirty (30) days advance notice. In the event the teacher fails to provide at least thirty (30) days advance notice for a foreseeable leave, the start of the teacher's leave may be delayed until thirty (30) days after notice is provided. FMLA leaves are unpaid, except that a teacher must use available paid sick leave or personal leave if the reason for the FMLA absence qualifies for the paid leave s purpose. A teacher returning from FMLA leave will be given an equivalent position to his/her position before the leave, subject to the District's reassignment policies and practices and any reduction-in-force Maternity/Child Care Leave Without Pay for Full-Time Tenured Teachers Upon written request submitted to the Superintendent by the teacher, and at least onehundred twenty (120) days before the leave is to begin (unless exceptions herefrom are granted by the Superintendent), the Board shall grant maternity/child care leave to tenured teachers without pay subject to the following conditions: A. Maternity/child care leave shall be allowed for the birth, adoption, or placement for adoption of the teacher s child. Page 25

30 B. Maternity/child care leave shall begin immediately after the teacher has used his/her eligible paid sick leave days and eligible FMLA leave days for the birth, adoption or placement for adoption. C. Maternity/child care leave shall be for a period of up to one year, exclusive of any sick leave days and/or FMLA leave days taken by the teacher, which period shall be mutually agreed upon by the employee and the Superintendent. If additional Maternity/child care leave beyond the original period agreed to is necessary, the teacher shall present in writing a request for such extension, listing reasons for said request. Extension requests will be considered on an individual basis and determined in the discretion of the Superintendent and/or the Board. D. A teacher on maternity/child care leave pursuant to this section may keep his/her health insurance in effect by paying the full insurance premium to the District during the leave period. The District will make no contribution toward health insurance premiums during the leave period. E. For purposes of advancement on the salary schedule and seniority, the following requirements will apply: 1. If a teacher actively works ninety-three (93) or more days of the work year, that full year will be allowed for advancement on the salary schedule and seniority will accrue. A part-time teacher will be advanced on the salary schedule if he/she actively works the equivalent pro-rata percentage of the work year (i.e., 50% of the days plus 1). 2. If a teacher works less than ninety-three (93) days of the work year, exclusive of unpaid leaves of absence, there will be no advancement on the salary schedule the following year and seniority will not accrue; provided, however, previously accrued seniority and placement on the salary schedule will be retained. F. In the event that a teacher intends to return from maternity/child care leave, the teacher must advise the Superintendent of said intent at least ninety (90) days prior to the scheduled return to work date or, if the scheduled return is for the beginning of the following school year, by February 1 prior to the return. Failure to notify the Superintendent by that time shall be deemed a resignation. G. All maternity/child care leaves will be granted with the full understanding that the teacher may be assigned to any position for which he/she is qualified upon completion of said leave. Consideration shall be given to returning the teacher to his/her former position. Page 26

31 13.9 Jury Duty Leave A. A teacher called for jury duty shall be paid full compensation for such time with no loss of leave or any other employment benefit. B. Jury duty remuneration, less mileage and meal expenses, shall be deducted from the teacher's pay. C. A teacher shall give notice of pending jury duty to the District no later than five (5) days prior to such jury duty Sabbatical Leave The Board may in its sole discretion grant a sabbatical leave to a tenured teacher. Such leave is subject to the provisions of Section of the Illinois School Code. Page 27