DEERFIELD USD #216 NEGOTIATED AGREEMENT

Transcription

1 DEERFIELD USD #216 NEGOTIATED AGREEMENT Ratified by Deerfield USD 216 Board of Education August 17, 2011

2 DEERFIELD USD #216 NEGOTIATED AGREEMENT TABLE OF CONTENTS Article I Recognition Page 1 Article II - Management Rights Page 1 & 2 Article III - The Professional Day Page 2 Article IV - Professional Dues Page 2 Article V - Retirement and Death Policy Page 3 Article VI - Compensated Leave Section 1 - Sick Leave Page 3 & 4 Section 2 - Personal Leave Page 4 Section 3 - Professional Leave Page 4 Section 4 - Jury Duty Leave Page 4 Section 5 - Civic Duty Leave Page 4 Section 6 - Accredited Hours Page 5 Article VII - Compensation for Certified Employees Page 5, 6, & 7 Article VIII - Reduction in Force Page 7, 8, & 9 Article IX - Disciplinary Policy Page 9 & 10 Article X - Employee Complaints Page 10 Article XI - ESOL Endorsement Page 10 & 11 Article XII Resignations Page 11 Article XIII - Saving Clause Page 11 & 12 Article XIV Duration Page 12 Salary Schedule FY 2012 Page 13 Supplemental Schedule FY 2012 Page 14

3 Deerfield USD #216 Negotiated Agreement for the School Year Article I - RECOGNITION Section 1. In accordance with the provisions of KSA , the employer recognizes Deerfield Teachers Association, Chapter of KNEA as the exclusive representative for bargaining unit outlined in Section 2 below. Section 2. Section 3. Employees included in the appropriate bargaining unit shall be those certified persons employed in the areas of: Teachers and Counselor. Employees excluded from the appropriate bargaining unit shall be all administrative employees of the employer as that term is defined in KSA (d) and all other employees not specifically included in Section 2 above. Article II - MANAGEMENT RIGHTS The Board of Education of USD #216 hereby retains and reserves unto itself, except as limited by Federal and Kansas Statutes and the specified and express terms of a Negotiated Agreement, if any, entered into between the Board and a duly recognized professional employees association pursuant to K.S.A et seq., all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the constitution of the State of Kansas and of the United States, including, but without limiting and generality of foregoing, the right: A. To the executive management and administrative control of the District and its properties and facilities. B. To hire all employees, including certified employees, and subject to the provisions of the law, to determine their qualifications and the conditions for their continued employment, or their dismissal or demotion, and to promote, re-assign and transfer all such employees. C. To establish and provide courses of instruction including support programs to meet the needs of students, as required and provided for by Federal and Kansas statutes. D. To delegate authority through recognized administrative channels for the development and organization of the means and methods of instruction according to current teaching materials, and the utilization of teaching aides of all kinds. E. To determine the District s budget, schedule meetings and conferences for all employees, determine the school calendar, classroom periods, the hours of instruction, and the duties, responsibilities, and assignments of certified employees and other employees with respect thereto, and with respect to administrative and nonteaching activities within the District and the terms and conditions of employment. 1

4 F. To recognize the right of the administration and board to discipline a teacher for noncompliance of the negotiated agreement, employee handbook or board policy. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Board, the 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 a Negotiated Agreement, if any, and Federal and Kansas statutes, and then only to the extent such specific and express terms hereof are in conformance with the constitution and laws of the United States and the State of Kansas and the rules and regulations promulgated by the Kansas State Board of Education. Nothing herein shall affect the right of the professional employee s recognized representatives to negotiate with the employer pursuant to law. Article III - THE PROFESSIONAL DAY The teacher duty day will not exceed nine (9) hours to allow for a four (4) day school week schedule. The teacher contract year shall not exceed 1438 hours. The teacher day shall include a duty free lunch equal in time to their students lunch period in accordance with Kansas Statute a. If it is necessary for a teacher to be out of the building during the school day, the teacher shall inform the principal as to the time of day that he/she will be gone. On the last day of school before vacations, the departure time will be five minutes after the dismissal of students. Teachers shall remember that they are under the supervision of the building principal. It is very possible that teachers may be asked to extend their contract day for other professional responsibilities as agreed to by all parties with advanced notice. Teachers in grades 6-12 shall receive one class period of planning time. Teachers in grades K-5 shall have planning periods during the time their students are participating in music and physical education classes, to be within 5 minutes of one 6-12 class period. Pre-K and nonclassroom teachers will be allowed the same amount of time. This time will be arranged in a solid block whenever possible. Article IV - PROFESSIONAL DUES The Board of Education will withhold, without cost to the employer, dues for NEA, Kansas- NEA, and the Deerfield Teachers Association from the salary of any Deerfield Teachers Association member who requests such withholding. Dues shall be withheld, upon proper request, in nine approximately equal installments from the September through May salary checks. 2

5 Article V - RETIREMENT AND DEATH POLICY Unused Sick Leave Benefit The Board will provide a financial benefit of: $6.25 for each hour for teachers with at least fifteen (15) years of service; $12.50 for each hour for teachers with at least twenty (20) years of service; $18.75 for each hour for teachers with at least twenty-five (25) years of service of unused sick leave that the employee has upon retirement or death. The maximum number of hours that can be used for this benefit will be 480 hours. In case of death, the benefit will be paid to the beneficiary designated on the KPERS form. Retirement is when the employee takes retirement benefits under the KPERS plan. This policy will be in effect from the school year and henceforth, in order to participate, the employee must have been employed by the Deerfield School District for at least fifteen (15) years. Such payment is subject to all applicable payroll taxes. Article VI - COMPENSATED REIMBURSEMENT/LEAVE Section 1- Sick/Bereavement Leave Teachers will be allowed 96 hours of sick/bereavement leave per school year. The maximum amount of sick leave a teacher may accumulate is 560 hours. Once a teacher has accumulated 560 sick leave hours, no additional hours will be allowed. If a teacher begins the new contract year with fewer than 560 hours accumulated sick leave; they will receive only the amount of new sick/bereavement hours to bring their sick leave balance to 560 hours. Illness in the household is to be considered a limited or an emergency measure. The teacher will be expected to make arrangements for the care of the ill household member(s) so that the teacher may return to work as soon as possible. Due to a wide variation in family relationships, it is up to the building principal and/or superintendent to determine what constitutes a member of the family. Each employee may use 40 hours of bereavement leave each year for reason of the death of a relative of the employee or of the employee s spouse. Absence due to the death in the family is expected to be of short duration. This absence is to be approved by the building principal and/or superintendent. The use of bereavement leave for the death of a non-relative of an employee shall be considered by the superintendent based on the merits of each individual case. The use of bereavement leave for the death of a non-relative by an employee must be requested by the employee prior to using the leave. Extension beyond the 40 hours of bereavement leave shall not be permitted for the death of a non-relative. Sick Leave Bank The purpose of the Sick Leave Bank is to provide sick leave to qualified members of the organization for eligible sick leave requests. This bank is intended for members who have suffered an unplanned personal illness, injury, disability or quarantine and who s personal and sick leave is exhausted. The sick leave bank shall be administered by a board of 3

6 Trustees with one certified employee from each building, with one administrator, and with one classified staff. Further explanation of the rules and procedures for the sick leave bank is available in section A of the employee handbook. Section 2 - Personal Leave Certified teachers will be allowed 27 hours of personal leave per school year. The maximum amount of personal leave a teacher may accumulate is 45 hours. Any additional hours over the maximum of 45 hours can be rolled over to sick/bereavement leave at the end of the school year. Requests for personal leave to be rolled over to sick/bereavement leave must be submitted to the district office no later than June 1 st. Teachers shall file a written request fourteen (14) calendar days in advance with the building administrator and superintendent. The principal will approve on the basis that there will be a substitute secured during that time. Teachers shall not take personal leave on non-teaching or in-service days, or during the first week of the school year. All personal leave must be requested and approved prior to Spring Break and used before May 1 st. Personal leave shall not be granted the day before or the day after a holiday or school break; however, the Superintendent may grant leave under extenuating circumstances. Section 3 - Professional Leave Teachers may attend professional conferences providing they have an Individual Development Plan (IDP) on file in the district. The teacher s IDP must address the areas covered in the conference and outcomes stated on the request form. When these requirements are met, the administration may approve the requests on an individual basis considering the districts priorities, expense and number of days. When approval has been granted, the district may pay for the registration fee, actual room expenses, meals up to $25 per day and the state mileage rate if a school vehicle is not available. Teachers may be asked to share their training with colleagues at district in-services or faculty meetings. Teacher Association Business (conference/convention attendance) shall be included as professional leave at the discretion of the superintendent not to exceed a total of 40 hours per school year per association, not per person. Section 4 - Jury Duty Leave Teachers may take jury duty leave with pay when requested to serve. Pay will compensate teachers for day s school is in session. Teachers who are compensated by the court system will keep such compensation. Section 5 - Civic Duty Leave Civic Duty Leave is available to teachers who serve on a community or not-for-profit board for activities related to that board when approved by the superintendent. The teacher agrees to reimburse the district for the daily costs of the substitute teacher required before leave is granted. The maximum leave allowed for Civic Duty is 40 hours. 4

7 Section 6 Accredited Hours The District will reimburse teachers for successfully completed, administratively approved hours at the rate of $80 per undergraduate semester hour for hours earned while the teacher was under contract with the district. The district will reimburse teachers for successfully completed, administratively approved hours at the rate of $120 per graduate semester hour while working toward an approved Masters with Individual Development Plan on file. The reimbursement is limited to a maximum of eighteen hours per fiscal year and payment will not be made until a transcript has been filed with the Superintendent. (Payment for such hours will be made after two semesters of employment following completion of the accredited hours in June or December.) In the case that a stipend is received, the employee will request the reimbursement for actual expenses not to exceed $80 or $120 per credit hour. All district mandated classes will be paid by the district. If the district pays for the tuition costs and the teacher does not complete or pass the class, the teacher will be required to reimburse the district the cost of the class. Article VII - COMPENSATION FOR CERTIFIED EMPLOYEES Compensation Guidelines All negotiated compensation benefits apply to teachers who are returning to Deerfield Schools for the upcoming school year. All salary compensation will subject to all applicable payroll taxes. 1. Teachers with teaching experience outside of USD 216 may be allowed to enter the salary schedule considering all years of private and public teaching in an accredited school at the discretion of the Superintendent. 2. Part-time teachers will be paid in proportion to the time spent based on the present salary schedule. 3. Teachers shall be paid on a twelve (12) month basis. Mandatory direct deposit requirement is in place by board resolution where any employee may choose at his/her discretion any banking institution for their earnings to be electronically deposited into. They will receive their deposit slips on the 15th day of each month, commencing in September. If the 15th falls on a weekend or holiday, then the deposit slips will be issued the last teaching day before the 15th. As per K.S.A Supp , Teachers may request and receive their three summer checks on the 15th of June provided that such a request is given in writing to the clerk prior to April 1st. 4. Sponsorship of classes and organizations will be as follows: a. Freshman Class: 2 Sponsors at $ each b. Sophomore Class: 2 Sponsors at $ each c. Junior Class: 2 Sponsors at $1, each d. Senior Class: 2 Sponsors at $1, each 5

8 e. High School Student Council: 1 Sponsor at $ The $ per class sponsor (total of 8) is directly related to the High School operation of the concession stand. 5. Extra Duty pay for activities will be paid at the following rates: $9 per hour. This will include Scorers, Timers, Bookkeepers, Announcers, Ticket Takers, Chain Gang, and Line Judges. Athletic director with consultation of the MS/HS Principal will decide upon whom will perform the above duties. Teachers working lunch duty will have their lunches paid by the district for lunch duty days worked. Teachers, that are not working lunch duty, will receive lunch meals at half price of the adult rate. Teachers receiving half price lunches will be responsible for supervising students in the lunchroom. 6. Teachers participating with QPA/NCA, Curriculum and other outside committees the administration deems deserving of extra pay outside the normal duty day shall be compensated at the rate of $15 per hour. When a teacher serves as chair for the NCA team, the compensated amount is $450 per year for two chairs and one data analyzer. Requests for payment for NCA work must be submitted to the district office no later than June 1 of each academic school year in order to receive compensation and will be included in the June 15 th payroll. 7. Driver s Education teacher will receive $19 per hour on a supplemental contract. 8. Payment for substituting during a teacher s planning period will be paid $14 per period. If the teacher agrees to teach a preparatory class during their planning period for duration of a semester or longer, the supplemental pay will be at contract rate per class period in a school day. 9. Compensation for unused sick leave payment may be requested for unused sick leave at the end of each school year at the rate of $2.50 per hour for accumulated sick/bereavement leave over 464 hours. Requests for payment for unused sick leave must be submitted to the district office no later than June 1 of each academic school year in order to receive compensation and will be included in the June 15 th payroll. 10. A salary schedule, a copy of which is attached and made a part of this negotiated agreement, shall establish the base salary and the increase in salary per each column and step. This shall include pay for duties under supplemental contracts listed on said schedule. Contract movement during the school year will be permitted when requested with a certified official transcript and with approval of the Superintendent if presented by March 1 st of the current school year with payment contract split by semester. 11. Certified full time teachers will receive $400 per month as a benefit package towards a district approved health and dental insurance plan. A certified employee who is covered through their spouse s health insurance and that does not count against the district s pool of eligible participants could use their benefit towards dental and vision premiums. This amount will be paid over a 12-month period during the teacher's regular contract period. This offer is not a cash benefit option. 6

9 Part time certified teachers would be offered a percentage of the $387 insurance benefit based up their contract. (E.g. half time teachers = $ quarter time teachers=$96.75). Should the district employ a husband and wife, both members' health insurance benefit may be combined to purchase any offered plan, single plan excluded. 12. New teachers hired by USD 216 must participate in at least a single health Insurance coverage plan offered by the district, unless the new teacher has qualified group health insurance elsewhere. 13. Certified full time teachers will be compensated in the amount of $250 for a full semester or $16 per week for supervising a student teacher in his or her classroom. Requests for payment for student teacher compensation must be submitted to the district office no later than June 1st of each academic school year in order to receive compensation and will be included in the June 15 th payroll. 14. Certified full time teachers will be compensated for teaching classes that are concurrent/dual credit to our students as well as other schools during the school day. Each teacher teaching concurrent/dual credits gets one third (1/3) of the stipend paid to the district from Garden City Community College for that class. Requests for payment for concurrent/dual credit class compensation must be submitted to the district office no later than June 1st of each academic school year in order to receive compensation and will be included in the June 15 th payroll. 15. Certified teachers shall receive an employment incentive or retention bonus for the sole purpose of hiring and retaining teachers in the hard to find core subject areas for the district. The stipend will be at the discretion of the superintendent of schools and the board of education. 16. Certified full-time teachers will be compensated for instructional time worked outside of the Article III THE PROFESSIONAL DAY- for before and after school programs and tutoring sessions when funds are available as designated by the Superintendent. Article VIII - REDUCTION IN FORCE Definitions: As used in this Article, the following terms will have the following meanings: a. Seniority in the District: shall mean the period of most recent, continuous employment with USD 216. b. Seniority in the Specific Service Area: shall mean the period of most recent, continuous employment in the specific subject area or program in which the professional employee is assigned at the time the board determines that reduction in force is necessary. c. Professional Employee: shall mean any employee of the district who is a member of the recognized bargaining unit. See Article 1, Section 2. 7

10 General: a. The Board of Education has the responsibility and authority to determine the composition of the professional employees necessary to implement and maintain the education programs of USD 216. b. The professional employee staff may be reduced by the board of education, at its sole discretion. The board may reduce staff pursuant to this article even though the total number of staff members may actually be increased. Procedures: a. Reduction in professional staff required by the board s decision to reduce staff shall be accomplished whenever possible through resignations, retirement, and other methods of staff attrition. b. If further reduction is necessary, the board will consider the following factors, weighted equally, when determining which professional employee(s) is to be nonrenewed; certification, job performance as determined by evaluations, advanced degrees and education as determined by the professional employee s placement on the salary schedule, seniority in the specific service area, and seniority in the district, and the amount of extra curricular involvement. Reduction of Teaching Staff: If the board decides that the size of the teaching staff must be reduced, guidelines in the following rule or the negotiated agreement shall be followed. In so far as possible reduction of staff shall be accomplished by attrition due to resignations and retirement. The district s administrative staff to reduce the teaching staff will utilize the following steps: To determine the number of teaching positions to be reduced, the administrative staff will determine the educational program for the district in accordance with the educational goals established by the board. The number of teachers needed to implement the district s educational program will then be determined by the administrative staff based on those educational goals in which teachers will be non-renewed due to reduction in force. The educational goals and needs of the district, individual certifications, qualifications, training, skills, interests, evaluations, and extra curricular involvement shall be considered. In the event two or more teachers have similar certifications, qualifications and skills in a teaching area, those teachers who have tenure will be retained over those who are non-tenured. In the event all of the teachers have similar certifications, qualifications and skills and all are tenured, the teacher(s) who best meets the needs of the district, considering the factors outlined above will be retained. Any certified employee who has not been re-employed as a result of reduction of the teaching staff shall be considered for re-employment if a vacancy exists for which the teacher would qualify. The amount of time for the employee to receive consideration for any vacancy will be one year from May in the year in which they are released. Certified employees who may be eligible for re-employment are required to notify the district of their current address. The 8

11 superintendent will recommend to the board reinstatement of any teacher he/she deems qualified and able to serve the best interests of the district. Article IX - DISCIPLINARY POLICY EMPLOYEE DISCIPLINE, SUSPENSION AND DISMISSAL The Association recognizes the right of the Board to discipline its employees. Discipline shall be progressive except in situation that are of more serious nature. A. Steps for progressive discipline 1. The employee who violates a Board Policy will be given at least one verbal warning that he/she has violated a Board policy. If administration determines the violation is too severe for a verbal warning further disciplinary action up to and including suspension or termination may result. 2. If the employee repeats the violation of Board Policy, and the administration believes no further verbal warnings will correct the problem or the violation causes harm to another person, he/she shall prepare a written Notice of Discipline and place it in the employees file after providing a copy of the Notice of Discipline to the employee. 3. If the employee does not correct his/her behavior within a reasonable time provided in the Notice, a written warning will be given to the employee which indicates the consequences of any further violation and a plan of assistance will be developed to correct the employee s behavior. 4. If the employee does not correct his/her behavior, the employee may be reassigned to other duties, or given a one day suspension with pay. At the time the teacher is sent the suspension notice, a copy may be sent to the local KNEA office at the request of the employee. 5. An employee who does not respond to the foregoing disciplinary steps may be suspended without pay for one day. At the time the teacher is sent the suspension notice, a copy may be sent to the local KNEA office at the request of the employee. 6. If the employee continues to disregard the Board Policy, the employee may be suspended and charged with insubordination. If a suspension greater than one day without pay is imposed on an employee, the employee is entitled to pay until the employee has been advised of the basis for suspension and has been given an opportunity to respond. 7. The superintendent may suspend licensed employees with pay, pending further board action, for any reason, including but not limited to, one or more of the above mentioned causes. 9

12 8. Evaluation may not be used as a disciplinary tool. 9. Dismissal for cause will be governed by KSA et seq. 10. The employee may object to any discipline through Article IX-Employee Complaints. Article X - EMPLOYEE COMPLAINTS Deerfield USD 216 policy book, GAE Complaints Any employee may file a complaint with their supervisor concerning a school rule, regulation, policy, or decision that affects the employee. The complaint shall be in writing; filed within ten (10) days following the event complained of and shall specify the basis of the complaint. The supervisor shall meet with the employee and provide a written response within ten (10) days. If the employee disagrees with the decision, the employee may appeal to the superintendent. The Superintendent s decision can be appealed to the Board and the board s decision is final. Article XI ENGLISH AS A SECOND LANGUAGE ENDORSEMENT ESOL Course Requirements Teachers hired by Deerfield USD 216 will have five (5) years to receive their ESOL certification from their date of hire. All classroom teachers providing instruction to English Language Learners (ELL s) must have a Teacher/district ESOL Endorsement Plan of Study on file at the district office. The teacher must make progress towards completion of the endorsement every calendar year and provide verification of completed coursework. Annual progress is defined as: a) having taken one class in either the previous spring semesters; b) having taken one class in either the previous summer term; c) enrolled in the current fall semester; d) enrolled in the upcoming spring semester; or e) successful completion of the ESOL praxis exam and results filed with the district office by May 1 st. New employees must be enrolled in an ESOL approved course during the fall semester. Each teacher enrolled in ESOL courses shall receive two (2) hour release time each month that they are enrolled in an ESOL course. The release time must be scheduled with the building principal and taken the last thirty minutes of the contract day. The college hours can be applied to the teacher salary schedule for movement across the pay schedule. U.S.D. #216 will pay for the full tuition of ESOL courses. If the district pays for the tuition costs and the teacher does not complete or pass the class, the teacher will be required to reimburse the district the cost of the class. This is with the understanding that $80 per credit hour would not be paid as reimbursement as mentioned in Article III of this agreement. Those teachers receiving their ESOL endorsements and providing proof of such to the District shall receive a one-time payment of $ This payment is liable for regular 10

13 payroll tax deductions. Payment will be made the semester following the KSDE endorsement verification to teachers who are under contract and continue employment with the district the next semester. The $ bonus does not apply to teachers employed by the district who already hold the ESOL endorsement. This determination will be made by reviewing the endorsement date on the teacher's certificate when employed. Article XII RESIGNATIONS Notification The Board of Education shall notify the teachers in writing of a release of contract by May 1 st and the board requests teachers notify the district in writing no later than May 15th. Liquidated Damages Release from a teaching contract requires formal action from the Board of Education. A teacher requesting to be released from contract after the statutory date set by Kansas Law shall submit in writing specific reasons for such release. This letter is to be directed to the superintendent of schools. The board will consider each request based upon its own merits. A personal conference may be granted by the board of education at its next regularly scheduled school board meeting. At its regularly scheduled board of education meeting the Board of Education may grant the teacher a release from contract upon receipt of liquidated damages according to the following schedule: June 5 th through June 15 th $1, June 16 th through June 30 th $2, July 1 st through July 31 st $3, After August 1 st through the end of the school yr $4, Part time teachers liquidated damages will be adjusted to the amount of teacher s contracted time. Any teacher not released by the Board of Education and not fulfilling the terms of such contract shall be considered in breach of contract and will be subject to any and all legal remedies available. In the event of a breach of contract, appropriate notation of such event will be placed in the teacher s personnel file. Article XIII - SAVING CLAUSE Section 1. Should any provision of this agreement to be held invalid or inoperable by a court of competent jurisdiction from which no appeal is taken or available, or by legislative action in the case of provisions grounded in or reliant upon state law, the remainder of this Agreement shall not be affected thereby and shall continue in full force and effect. Section 1.1 The Employer and Teachers Association shall meet in an effort to determine the means of compliance with such decision. If mutually agreed to do so, 11

14

15

16