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Medical Lake School District #326
Medical Lake Education Association
Collective Bargaining Agreement
1 PREAMBLE 2 3Pursuant to the conditions set forth in the Educational Employment Relations Act, RCW 4Chapter 41.59, this constitutes an Agreement between the Medical Lake School District 5No. 326, hereinafter called “District,” and the Medical Lake Education Association, 6hereinafter called the “Association” or MLEA 7 8 9 ARTICLE I – RECOGNITION AND AGREEMENT 10 11 Section 1 – Recognition 12 13The District recognizes the MLEA as the exclusive bargaining representative for all 14regular contracted, certificated employees except for the following exclusions: 15 16 1. Superintendent 17 2. Central Office Administrators 18 3. Principals and Vice-Principals 19 4. Athletic Director 20 5. Any other employee who has a preponderance of supervisory duties and functions 21 pursuant to RCW 41.59.020(d) and who works half-time or more per week on a 22 continuing basis, whose duties and functions are separate from a classroom or 23 teaching assignment. 24 25When used hereinafter, the term “certificated employee” or “teacher” shall refer to all 26regular contracted certificated employees represented by the Association in the 27bargaining unit. 28 29 Section 2 – Contract Compliance 30 31All individual certificated employee contracts between the Board and an individual 32certificated employee heretofore executed shall be subject to and consistent with the 33terms and conditions of this Agreement. If any individual certificated employee contract 34contains any language inconsistent with this Agreement, this Agreement during its 35duration shall be controlling. Rules, regulations, or practices of the District, not in 36conflict with this Agreement, shall be in full force. 37 38 39 Section 3 – Conformity to Law 40 41This Agreement shall be governed by the Constitution and Laws of the United States, the 42Constitution and Laws of the State of Washington, and the Rules and Regulations of the 43Washington Administrative Code. If any provision of this Agreement shall be found 44contrary to law, such provision or application shall have effect only to the extent 45permitted by law; all other provisions of the Agreement shall continue in effect. Any 46provisions of this Agreement, which are contrary to law but become legal during the life 47of this contract shall take immediate effect upon the enactment of such legislation. 48 49 2 2
1 Section 4 – Nondiscrimination 2 3The provisions of this Agreement shall be applied equally to all employees without 4discrimination as to age, sex, marital status, race, color, creed, national origin, religion, 5political affiliation, personal and private life or the presence of any disability, unless such 6factors prevent the employee from performing the duties of the position. The District 7agrees not to interfere with the rights of employees to become members of the 8Association. There shall be no discrimination, interference, restraint, coercion, or 9harassment by the District representative against any employee. The Association 10recognizes its responsibility as bargaining agent and agrees to represent equally all 11employees in the bargaining unit without discrimination, interference, restraint, coercion, 12or harassment. 13 14 Section 5 – Individual Contracts 15 16Each employee shall be issued an individual employment contract, which shall be in 17conformity with Washington State law, State Board of Education regulations, and this 18Agreement. The District may issue a letter of intent for employment for the following 19school year prior to completion of or during good faith negotiations to determine the 20number of employees planning to return. 21 22The employee will be issued the original contract, which is to be signed and returned to 23the District. After contracts have been approved by the Board of Directors a copy of said 24contract will be returned to the employee. 25 26A certificated employee shall have ten (10) work days to sign and return his/her contract 27after receipt of the contract, or the employee will have forfeited employment rights. 28 29An employee under contract shall be released from the obligation of the contract upon 30request under the following conditions: 31 321. A letter of resignation must be submitted to the Superintendent's Office. 33 342. A release from contract, prior to June 15, shall be granted, provided a letter of 35 resignation is submitted prior to that date. 36 373. A release from contract shall be granted after June 15, provided a satisfactory 38 replacement can be obtained. (The replacement must be found, be available and 39 ready for contract before the release will be granted.) 40 414. A release from contract shall be granted in case of illness or other personal matters 42 that make it impossible or impractical for the employee to continue in the District. 43 44Except for major physical or mental disability, the teacher should plan his or her 45retirement to coincide with the end of the school year. This practice would be in the best 46interests of the students and educational program. 47 48 Section 6 – Employment of Certificated Employees 49 50The District shall in all instances employ certificated employees who have proper 51credentials in accordance with applicable state laws, Washington Administrative Code, 3 3
1and by other requirements as specified by the Office of the State Superintendent of Public 2Instruction. 3 4 5 Section 7 – Distribution of Agreement 6 7Within thirty (30) days following the ratification and signing of this Agreement, the 8District shall print or have printed and the Association shall distribute to all certificated 9employees copies of this Agreement. Prior to printing and distribution, the Association 10representatives will review the final draft. 11 12Copies of this Agreement shall be available for on site review on request of applicants for 13certificated positions in the Medical Lake School District. Fifteen (15) extra copies will 14be printed for the Association. 15 16The cost for such printing shall be borne equally by the Association and the District. 17 18The District will post the contract on-line using the District website. The District will 19also provide an electronic copy to the MLEA and WEA-Eastern. 20 21
1 ARTICLE II – ASSOCIATION BUSINESS 2 3 Section 1 – Dues Deduction and Representation Fees 4 5On or before August 25 of each school year, the Association shall give written notice to 6the District of the dollar amount of dues and assessments of the Association, including 7the National Education Association and the Washington Education Association, which 8dues and assessments are to be deducted in the coming school year under all payroll 9deduction. The total for these deductions shall not be subject to change during the school 10year. 11 12The deductions authorized above shall be made in twelve (12) equal amounts from each 13paycheck beginning the pay period in September through the pay period in August of 14each year. Staff who commence employment after September or terminate employment 15before June shall have their deductions prorated. The District agrees to remit directly to 16the Washington Education Association all monies so deducted, accompanied by a list of 17teachers from whom the deductions have been made. A duplicate list shall be provided 18the Association as receipt for said transaction. On or before the monthly pay period, the 19District shall notify the Association of any changes in said list due to teachers entering or 20leaving the employ of the District. 21 22The Association agrees to reimburse any teacher from whose pay dues and assessments 23or representation fees were deducted, those sums in excess of the total amount due to the 24Association at that time, provided the Association or its affiliate actually received the 25excessive amount. 26 271. Membership Deductions 28 Within ten (10) days of their commencement of employment, teachers may sign and 29 deliver to the District an Assignment of Wages Form. This form shall authorize 30 deduction of membership dues and assessments of the Association (including the 31 National Education Association and the Washington Education Association). Such 32 authorization shall continue in effect from year to year. Each month during the 33 school year, the Association agrees to provide the District with the names of those 34 teachers who have joined the Association and paid its dues and assessments by 35 means other than through payroll deduction. 36 372. Representation Fee Deductions 38 In the event that any teacher fails to sign and deliver an Assignment of Wages Form 39 as described herein, the District agrees to deduct from salary of such teacher a 40 representation fee in an amount equal to membership dues and assessments. All dues 41 attributable to political action will not be deducted. However, teachers who have 42 joined the Association and paid by means other than payroll deduction, as verified by 43 the Monthly Association list, shall not be subject to this deduction. Representation 44 fee deductions shall be handled and transmitted by the District in the same fashion as 45 membership deductions as provided for in this Article. 46 473. Charitable Organization Deductions 48 Any teacher claiming a bona fide religious objection shall notify the Association and 49 the District of such objection in writing within ten (10) days of commencement of 50 employment. Pending determination of any bona fide religious objection, the District 5 5
1 agrees to deduct from the salary of the teacher, claiming such objection, an amount 2 equivalent to the Association dues and assessments, provided, however, that said 3 monies shall not be transmitted until the District is notified that a final determination 4 pursuant to the Act has been made. In the event that it is determined that the teacher 5 does not have a bona fide religious objection, the District agrees to promptly remit to 6 the Association all monies being held. In the event that a teacher has been determined 7 to have a bona fide religious objection to the payment of a representation fee of 8 combined Association dues, said teacher shall pay an amount of money equivalent to 9 regular fees and dues to a designated charitable organization as heretofore established 10 by the Association. Within ten (10) days of the commencement of employment or 11 determination of a bona fide religious objection, whichever occurs later, said teacher 12 may sign and deliver to the District an Assignment of Wages form which shall 13 authorize the deduction of an amount equal to the dues and assessments of the 14 Association including the National Education Association and the Washington 15 Education Association and payment in installments as herein above provided, 16 including any deductions made but not previously transmitted to said designated 17 charitable organization. The District agrees to remit to the Association each month a 18 list of teachers on behalf of whom charitable deductions have been made. 19 20 21The Association will indemnify, defend, and hold the District harmless against any claim 22made and any suit instituted or judgment rendered against the District resulting from any 23deduction of Association dues. The Association agrees to refund to the District any 24amounts paid in error because of the dues deduction provision. In the event of any suits 25against the District relative to dues deductions, the Association shall select the 26attorney(s). 27 28 Section 2 – District/Association Meetings 29 30Meetings between the District and Association will be scheduled as necessary at the 31request of either the Superintendent or the MLEA President. The Superintendent or their 32designee(s) shall meet with the Association President and other Association designees. 33This is in no way intended to impede the grievance process. 34 35 Section 3 – President Release Time 36 37The Association President or designee, at his or her discretion, shall be relieved of 38instructional responsibilities for fifteen (15) one-half days per year for the purpose of 39improving relations with the District and for conducting Association business. The 40President shall coordinate with his or her Building Principal/Supervisor to allow adequate 41time to obtain a substitute at Association cost. The Principal/Supervisor of the building 42being visited shall be informed. These visitations shall not disrupt the normal working 43process. Leave requests for association business, including trainings, workshops, and 44conferences, will not be granted on District learning improvement days or professional 45development days. If a special circumstance arises, leave may be granted by the 46supervisor after conferring with the MLEA President. 47 48 Section 4 – Association Leave 49 50The purpose of RCW 41.59 is to prescribe certain rights and obligations of the 51educational employees of the school districts of the State of Washington, and to establish 6 6
1procedures governing the relationship between such employees and their employers that 2are designed to meet the special requirements and needs of public employment in 3education. 4 5In order to accomplish the purpose of RCW 41.59 up to ten (10) days of leave with pay 6per year shall be provided to the Association upon Association request. An additional 7fifteen (15) days shall be allowed with the cost of substitutes being borne by the 8Association. The days allowed will be used for the purpose of attending conferences and 9conventions associated with the National Education Association and its affiliates if such 10meetings are for professional growth and/or curriculum development. Delegates 11attending shall be determined by the executive board of the Medical Lake Education 12Association. Association leave shall not be granted on Professional Development Days 13or Learning Improvement Days. If a special circumstance arises, leave may be granted 14by the supervisor after conferring with the MLEA member. 15 16Absence of teachers holding state or national offices where expenses are totally paid by 17WEA or NEA will be deducted from professional leave days. In the event of hosting or 18co-hosting a statewide meeting, it may be necessary to release additional personnel to 19assist in the operation of said meeting. This may be granted by the Superintendent at 20his/her discretion. Should the state audit so determine that this practice must be altered to 21comply with rules and regulations or be discontinued, the specific decision as to meeting 22requirements will be mutually agreed upon. 23 24 25 26 Section 5 – Use of District Facilities 27 28The Association shall have the right to post notices of activities and matters of 29Association concern on the bulletin boards in each faculty lounge of each building in the 30District. 31 32The Association shall have the right to use the intra-district mail and e-mail service and 33teacher mailboxes for Association business. 34 35All materials emanating from the Association for the bulletin board or for the mail service 36must be labeled as official Association materials and must bear the name(s) of the 37originating officer(s). 38 39The Association will have the right to use District office equipment at reasonable times 40when such equipment is not otherwise in use providing that the cost of consumable 41supplies such as paper, stencils, etc., is rebated to the District provided the use is 42consistent with legal requirements regarding such 43 44The Association will be granted the right of using school district facilities for meetings 45provided arrangements for use of such facilities is made with the Principal of the 46respective building (see "Community Use of School Facilities” policy). 47 48The President will be provided the agenda for regular and special Board of Directors' 49meetings. The preliminary School Board agenda will be sent to each building 50representative to post in each faculty lounge. It is the responsibility of M.L.E.A. to notify 51the District Office of the names of building representatives for each school year. 7 7
1 2M.L.E.A. representatives do not need the prior consent of Building 3Principals/Supervisors to talk to teachers and may talk to them providing the educational 4process is not disrupted. Other Association representatives may be permitted in the 5building with the prior knowledge of the Building Principal/Supervisor and by teacher 6request. 7 8 Section 6 – No Strike – No Lockout 9 10The parties agree that during the term of this Agreement there shall be no strike or other 11economic action by the employees or the Association. There shall be no lockout or other 12economic action by the District. However, both parties reserve full rights of economic 13action including strike or lockout when both parties mutually agree to reopen this 14Agreement for negotiations. Both parties reserve full rights of economic action including 15strike or lockout at the expiration of this Agreement. 16 17Further, it shall not be a violation of this Agreement nor shall any employee be 18disciplined or discriminated against for refusing to cross any lawful picket line while 19performing their duties.
1 ARTICLE III – WORK SCHEDULES 2 3 Section 1 – Employee Work Year 4 5The employee work year shall consist of 182 days. Any extension or deduction of 6contract days shall be computed in 1/182 full per diem of the employee’s contracted rate 7of pay. 8 9Note: This will be reduced if, at some point in the future, the State does not support 10additional days beyond 180. 11 12The following positions have supplemental contracts as listed below (as per RCW 1328A.400.200): 14 School Psychologist 5 days 15 Speech/Language pathologist 5 days 16 OT/PT 3 days 17 Middle School Counselor 5 days 18 High School Counselor 10 days 19 CTE Program 40 days 20 21 Section 2 – Work Day 22 23Employees shall be in their buildings one-half hour prior to the start of school and shall 24remain one-half hour after the dismissal of school. The starting and dismissal times, 25which may vary from school to school, shall be determined by the Board, but no teacher 26shall be required to report for duty earlier than 7:15 a.m. one day per week and 7:30 a.m. 27four days per week nor remain on duty later than 3:45 p.m. one day per week or 3:50 p.m. 28four days per week The length of the assigned work day shall be substantially the same 29for all teachers and will consist of an average of seven and one-half (7½) consecutive 30hours including thirty continuous minutes duty-free lunch. Work schedules may be 31altered by the District if major changes are made to the schedule of a specific school (i.e., 32changes needed to comply with State law or WAC's if needed for double shifting, going 33from 7 to 6 periods, 6 to 7 periods, etc. 34 35Staff members shall attend the scheduled meetings of their school or scheduled meetings 36called at the direction of the Superintendent. Scheduled faculty meetings of the schools 37will be held before school. Faculty meetings after school will be held within the half38hour provision. 39 40The Association and the District recognize that the employees spend time outside of 41building hours for adequate preparation for instruction, for pupil and parent consultations, 42and in attendance at various co-curricular functions, such as graduation, back to school 43night, open house, music programs, IEP meetings, etc. The aforementioned activities are 44consistent with the performance and traditional expectations of professional employees. 45 46
1 Section 3 – Calendar and Emergency Closure 2 3The Association will survey the teachers as to their preferences concerning the school 4calendar and provide input to the Superintendent by the regular March Board meeting. 5The school calendar will be compiled after receiving input from the Association. If 6emergency closures necessitate deviation from the school calendar, the Association will 7be consulted prior to determination of calendar changes. In the event of school closure 8by state or local agencies because of health or safety reasons, with S.P.I. determination 9that time need not be made up, the closure will be at full remuneration and benefits. 10 11 12 Section 4 – Professional Development Days 13 14The district will assign two (2) days of professional development as per the request to 15waive WAC 180-18-040 Minimum 180-day school year and approved by the State Board 16of Education. 17 18The two professional development days are to be used for the activities outlined in the 19Waiver Request to the State Board of Education. 20 21Agendas for the two professional development days will be coordinated with the building 22principal and the certificated staff with emphasis placed on activities that will enhance 23accomplishment of building improvement goals. 24 25If at some point the State Board of Education would deny or the District would decide not 26to continue the two waiver days for professional development, the students would attend 27school on those days and the cancellation of those days shall not be subject to the 28grievance process. 29 30The two learning improvement days as provided for by the State will be used for the 31following activities as per WAC 392-140-957: 32 33· Developing and updating student learning improvement plans 34· Implementing curriculum materials and instructional strategies 35· Providing professional development to implement the selected curricula and 36 instruction 37· Developing and implementing assessment strategies and training in assessment 38 scoring 39 40In the event that the State Legislature would discontinue support/ compensation for any 41or all Learning Improvement Days, certificated staff would not be required to work nor 42would the District be required to compensate staff for those days. This action shall not be 43subject to the grievance process. 44 45
1 ARTICLE IV - CONDITIONS OF WORK 2 3 4 SECTION 1 - ORIENTATION OF STAFF 5 6At the annual meeting of all employees prior to the opening of school for students, the 7president of the Association shall have the opportunity to address the employees. 8 9In the formal program provided by the District for the orientation for new employees, 10there shall be reasonable opportunity for participation by Association representatives who 11are employees of the District. 12 13The names of all employees, their buildings, grade and subject assignments shall be 14provided each certificated employee by November 1st. 15 16 17 SECTION 2 - STAFF TRAINING AND DEVELOPMENT 18 19It is recognized that an effective staff development program is necessary to provide 20continuing opportunities for the professional growth of certificated employees. Staff 21development shall be determined by activities outlined in individual building 22improvement action plans and district action plans and shall be developed jointly by 23school district administration, staff, parents and community members. 24 25Staff development activities shall cover the following areas: 1) workshops and classes 26designed to meet student needs and, 2) consultant and material assistance for staff 27involved in curriculum innovation and change. 28 29The Association may recommend to the district topics for courses, workshops, 30conferences, and programs designed to improve the quality of instruction. In the 31implementation of new curriculum, the district may develop and implement an inservice 32training program for any certificated employee(s) who will be responsible for the new 33curricular program. 34 35 36 SECTION 3 - CLASS SIZE 37 38The District agrees to the following class loads for all teachers at the following levels: 39 40Preschool 20 per session with a full time para-educator 41Developmental Preschool 13 per session with a full time para-educator 42K-1 22 432 23 443 24 454 25 465-6 26
17.12 30 27-12 Math Support 20 3P.E. 40 4 5For grades K-6, the District agrees to open at or below the above class size limit. The 6District may accept Choice students over the class limit when it will assist in increasing 7enrollment to the point of hiring a teacher. The decision to accept Choice students over 8the class limit will be made by the sixth day of school after Labor Day. Throughout the 9school year, in the event a class, section or session exceeds the class size limit, a central 10administrator, building principal and affected teacher will meet to resolve this issue with 11one or more of the following options: 12 13 adding another section of that level 14 offering a transfer of the student to another classroom or building 15 adding one hour of daily paraprofessional time 16 increasing weekly prep time by ½ hour 17 increasing per diem time by 1 hour per week 18 19The final decision to hire an additional teacher rests with the District. 20 217-12 Class Size Guidelines 22No class will go above the class load limit without the individual teacher's approval. 23Individual teachers may give approval to exceed the class size one semester and not the 24next semester. 25 26Elementary Combination Classes 27The District will assure that every attempt will be made to avoid combination rooms 28without going over the class loads stated above. The absolute maximum size of 29combination rooms is 23. If the district determines that a combination classroom is 30necessary due to student numbers and budgetary constraints, the district agrees to consult 31with the association leadership to review the reasons for the combination assignment. 32 33Teachers who lead combination classrooms shall receive a stipend of $3,000 for the 34school year that they teach the class. Should a combination class be dissolved after the 35beginning of the year, this stipend will be prorated on a monthly basis. 36 37 38Secondary Large Group Instruction 39At the secondary level, large group instructional programs are excluded from the above 40limits. Career and Technical Education class sizes will not exceed student workstations 41assigned to that class, i.e. work stations that exist in classes where instruction is largely 42dependent upon the use of special equipment, machines, or other mechanical/electronic 43devices of a highly individualized nature. 44
1Students with IEPs 2If the composition of any one class(es) is heavily impacted by more than 25% of the 3students being served by the resource room, the District will add additional 4paraprofessional time to be determined by the IEP team. 5 6The District recognizes that students with IEP’s require extra effort and time. The 7District assures that the respective building principals will balance such students within 8each grade level, considering each teacher and work within the constraints of the class 9size policy. Furthermore, before a change of placement occurs for a student with an IEP, 10the team will meet to determine the needs of the student. 11 12Special Education Classes/Special Programs 13 14The District recognizes that there are no current guidelines for student class/program size 15but will work at keeping enrollment at reasonable and workable levels. 16The following procedures will be used to assist special education certificated staff 17members in keeping enrollment at reasonable and workable levels: 18 19 1. Before school starts, the Directors of Special Services will meet with special 20 education certificated staff members to determine if adequate staff, both classified 21 and certificated, are in place to meet the level of service needed for students with 22 IEPs. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 2. The Director of Special Services will continue to monitor the adequacy of staff throughout the school year. 3. Special Education certificated staff members will contact their building principal to express concerns with caseloads, class size, schedule, or paperwork. 4. The building principal, special education certificated staff members and Director of Special Services will meet when concerns are brought forward and find solutions. The agreed upon solution(s) will occur within ten school days. Possible solutions may include: • Developing a new schedule • Providing more special education certificated and/or classified staff to handle the caseload • Providing additional per diem time for the special education certificated staff member • Providing additional release time for the special education certificated staff member 5. The solution may require the Special Services Director to realign resources, including staff, materials, etc. 6. Related services provided by specialists will be in direct alignment with the school model of service delivery.
1 2 SECTION 4 - PREPARATION TIME 3 4The District will provide each full-time certificated employee at least two hundred 5twenty-five (225) minutes of preparation time during each instructional school week 6which shall include but not be limited to, at least one thirty (30) minute block, daily, and 7excluding blocks of less than fifteen (15) minutes, exclusive of the duty-free lunch period 8and half-hour before and after school. However, elementary specialists’ preparation time 9may be during the half-hour before and after school. 10 11Consideration will be given to itinerant staff schedules to accommodate appropriate travel 12time between building obligations. No less than 15 minutes for in-town travel and 30 13minutes for travel to/from Michael Anderson Elementary from an in-town school will be 14scheduled. Travel time shall not be included as a part of prep time for an itinerant staff 15member. 16 17Significant attempts will be made to: 18 191. schedule five (5) minutes of passing time between elementary specialists' classes 20 for the preparation of materials and/or consultation with students/teachers on 21 discipline matters, and if not an option, then 222. schedule back-to-back grade level classes for special classes, especially those that 23 are highly impacted with differing material requirements from grade level to 24 grade level, i.e., art and music, when the scheduling of back-to-back classes does 25 not conflict with other building needs. 26 27During the time before and after school when classroom teachers are required to be in 28their classroom for supervision of students, the specialist may be required to assume other 29responsibilities. 30 31Preparation time shall not be assigned to other duties without consent or request of the 32teacher. 33 34The District shall provide a minimum thirty continuous minutes duty-free lunch period 35pursuant to state law. 36 37Teachers shall not leave their building during class or preparation periods without getting 38approval in advance of the building principal. 39 40Teachers shall have available lesson plans for use by substitutes. 41 42The District and the Association concur the professional usage of preparation time will 43benefit the instructional program. It is recommended the preparation period be devoted 44to duties of benefit to the teacher and the educational program of the District. 45
1Special Education teachers may have up to four (4) days of release time per school year 2for the completion of IEPs and other related paperwork. For teachers who serve as a case 3manager for more than 20 students (for a significant period of time), there will be an 4additional two (2) release days offered. The release days discussed in this paragraph 5must be coordinated with the building principal. Should a special education teacher elect 6not to use these release days, they may be cashed out at the current substitute rate. 7 8 SECTION 5 - STUDENT DISCIPLINE 9 10The primary responsibility for discipline rests with the teacher and the administration. 11The district will support and uphold certificated classroom teachers in their efforts to 12maintain reasonable student behavior 13 14The District agrees to provide a timely response to the concerns of teachers about specific 15student discipline problems. In instances where a teacher has sent a student to the office 16for disciplinary reasons, there will be a follow-up from the office in either verbal or 17written form to advise the teacher as to the action taken by the office. 18 19Any student who creates a disruption of the educational process in violation of the 20building disciplinary standards while under a teacher’s immediate supervision may be 21excluded by the teacher from his or her individual classroom and instructional or activity 22area for all or any portion of the balance of the school day, or up to the following two 23days, or until the principal or designee and teacher have conferred, whichever occurs 24first. Except in emergency circumstances, the teacher first must attempt one or more 25alternative forms of corrective action. In no event without the consent of the teacher may 26an excluded student return to the class during the balance of that class or activity period 27or up to the following two days, or until the principal or designee and the teacher have 28conferred (RCW 28A.600.020). 29 30The District will attempt to have information available for teachers concerning applicable 31federal, state and local laws, district rules, regulations and policies pertaining to student 32rights, teacher rights, due process, and the processing of student discipline incidents. The 33district will provide copies of such laws, rules, regulations, and policies to teachers upon 34request. 35 36 37 SECTION 6 - EMPLOYEE FACILITIES 38 39In order to permit certificated employees to have access to their respective work areas 40after regular school hours for the occasions that staff members wish to work in their 41stations, appropriate keys may be checked out from the building principal. 42 43 44The District will make provision for the following facilities: 45 461. Space for storage of instructional materials and supplies
12. Equipment and supplies for the preparation of instructional materials 23. A faculty lounge 34. Desk and chair for each teaching station 45. Well-lit and clean restrooms, separate from student restrooms 56. A telephone in each faculty lounge and classroom. 6 7 8 SECTION 7 - NON-INSTRUCTIONAL DUTIES 9 10The District will not require teachers to supervise loading or unloading buses except in 11those instances where the teacher is supervising his/her class in a special activity. (This 12does not imply that teachers will not accompany students to the bus.) 13 14 15 SECTION 8 - INSTRUCTIONAL SUPPLEMENTAL MATERIALS/ 16 PERIODICALS/ INCENTIVE REIMBURSEMENT 17 18The District will provide no more than one periodical per student in grades K through 19twelve. The determination of the selection will be at the building level. The District is 20not responsible for any periodical ordered by the teachers. 21 22Classroom Incentive Reimbursement 23Each certificated teacher shall receive up to $100.00 to use in the classroom for 24supplemental supplies and incentives. 25 26Certificated teachers will be reimbursed for items purchased up to $100. All items must 27be purchased by June 1 of each school year. A form entitled "Classroom Incentive 28Reimbursement" must be completed and turned in for the full amount, to the building 29principal between November 15 to December 1 and May 15 to June 1 of each school 30year. Receipts for items purchased must be attached to this form. The building principal 31will review the classroom incentive reimbursement forms and forward them to the 32District Office. No forms will be accepted after June 1. Reimbursement shall occur on 33December 31 and July 31. 34 35 36 SECTION 9 - STUDENT TEACHERS 37 38Student teachers from teacher training institutions in Washington state will be placed in 39accordance with agreements mutually arranged between the district and the teacher 40training institution. The District adheres to the following regulations in the placement of 41student teachers with certificated staff: 42 431. Student teachers are not placed with teachers during their provisional period. 442. No more than one student teacher will be placed with any one staff member 45 during a school year unless approved by the staff member and the superintendent.
13. The responsibility for assignment and coordination of the student teacher program 2 shall be the superintendent or his/her designee. 34. No teacher will be assigned a student teacher without his/her prior consent of such 4 an assignment. When possible, such assignment shall be announced at least two 5 weeks before the student teacher's arrival. 65. The teacher shall receive the honorarium provided by the college or university for 7 supervising a student teacher. 8 9 10 SECTION 10 - JOB SHARE 11 12A job sharing assignment is a shared performance of the duties of one full-time, regular 13position by two employees. The District and MLEA recognize benefits for employees, as 14well as the district, can result from job sharing. Employees wishing to establish a new or 15continue an existing job share position must submit a request to the Superintendent, or 16designee, by May 1. The District will determine, in a timely manner, whether to honor 17the request. 18 19Before requesting a job share, the following steps need to be completed by the 20employees: 21 22 1. Employees will meet with the building principal/supervisor to decide if the 23 position can be shared effectively. This will include a discussion of teaching 24 methods and educational philosophies, discipline philosophies, classroom 25 management techniques, etc. The purpose of this discussion is to determine the 26 compatibility of the two employees to assure the success of the job share. 27 28 2. The employees and the supervisor will need to develop an agreement on issues 29 including, but not limited to: planning time, parent conferences, attendance at 30 district meetings, first and last day of school, early release/late start days, 31 completion of reports, MDT’s/IEP’s, membership on district committees, etc. The 32 goal of this agreement is to foster intra-team communication and to support the 33 quality of the program offered through job share arrangements. It is understood 34 that each member of the job share is expected to meet the regular extra duties of a 35 full-time employee. 36 37 3. Employees will establish a work schedule that meets with the approval of the 38 building principal/supervisor. 39 40Employees in a job share position will: 41 42 1. Receive a contract with the salary based on his/her portion of the time shared (i.e., 43 half time = half salary.) 44 45 2. Receive an amount for district paid insurance benefit based on the portion of the 46 time shared (i.e., half time = half benefits)
1 2 3. Receive experience increments as recognized by the statewide allocation schedule 3 (i.e., 91 days = .500 year of experience) 4 5 4. Be allowed to substitute for each other at the normal substitute pay rate or by 6 exchanging work hours (principal/supervisor approval required) 7 8 5. Be allowed to request a transfer back into a full-time position under the 9 Assignment, Transfer, and Vacancies language. 10 11 6. Sign an “Agreement with Job Sharing Participants” 12 13It is extremely important that all parties work together to resolve any issues as they arise 14during the year to maintain the quality of the instructional program. Each year, before the 15May 1 job share request date, the building principal/supervisor will meet with members 16of job share team to review the success of the job share. 17 18If a job share dissolves because one of the employees moves to a full-time position, 19resigns, goes on leave, etc., the district will meet with the remaining employee to review 20the employment options (go to full-time, seek new job share partner, transfer to another 21position, etc.) If no agreement can be reached between the employee and the district, the 22district reserves the right to transfer or reassign the employee. 23 24Job sharing is intended to be available to current employees. However, it may be 25impossible for specialists or others with limited or no peers in the District to find another 26with whom to job share. In these cases, the District will consider exceptions which allow 27a job share with a new employee. 28 29NOTE: For purposes of assignment and transfer, each job share will be considered one 30unit as the senior employee’s seniority will be used. For purposes of R.I.F., each 31employee in a job share will be considered individually. 32 33After conferring with the teachers involved, the decision whether to grant or discontinue 34a job share rests with the building administrator. 35 36
1 ARTICLE V - SALARY AND EMPLOYEE BENEFITS 2 3 SECTION 1 - METHOD OF SALARY PAYMENT 4 5All regular contracted employees shall be paid in twelve (12) monthly installments. Each 6check shall contain one-twelfth (1/12) of the contracted salary. Payroll checks shall be 7issued to the employees on the last week day of each month. Correction of under or over8payment shall be decided by consultation with the affected employee. 9 10The teacher's basic salary schedule and supplementary salary schedules are attached. 11 12The District shall provide automatic payroll deposit to include all of the warrant to the 13individual's credit union or bank. The transfer will be sent the day prior to the regular 14pay day. The school district will accept no responsibility for late or lost transfers. 15 16 17 18 SECTION 2 - PLACEMENT ON SALARY SCHEDULE 19 20Horizontal (Education) and Vertical (Experience) Placement 21Beginning with the 1993-94 school year, the Medical Lake salary schedule will reflect 22the same year's experience, education increment, and dollars recognized by the statewide 23allocation schedule. 24 25Employees who were placed in the BA+135 column by the 1992/93 school year, or 26whose credits were later discovered to total less than 135, will be grandfathered in the 27column. 28 29Notification Letter (Educational Increments) 30To advance on the schedule by educational growth with credits from an accredited 31college or clock hours as recognized by the state, it shall be the teacher's responsibility to 32complete a district form entitled "Educational Increments Request." This form shall be 33available to the teachers throughout the summer and on the first day of school and must 34be returned to the District Office by September 10 for placement on the State allocation 35model for the current contract year. For initial placement on the salary schedule in 36September, unofficial transcripts and grade slips will be accepted. October 10 is the 37deadline for official transcripts to be submitted to the District Office. The District will 38send a reminder to all certificated staff who have submitted an educational form on or 39before September 10. The reminder will call to the attention of the certified staff member 40his/her obligation to have transcripts on file in the district office by October 10. If 41official transcripts are not received by October 10, the October pay check will be reduced 42to the educational level for which the district has proper documentation. 43 44Out of District Teaching and Military Service 45Washington State out of district service shall be accepted for years of experience on the 46salary schedule at full increment. Two years of military service is the maximum allowed.
1Employees on staff prior to the 1996-97 school year will continue to receive credit for 2military experience previously granted. Effective with the 1996-97 school year, 3employees will be granted military experience only as recognized by the state. Out-of4state certificated school teaching and military service shall be considered out-of-state 5teaching. 6 7Substitute Contracts 8Substitute teachers, after twenty (20) consecutive work days of substituting on the same 9assignment, will be paid at their position on the salary schedule retroactive to the first 10day. Payment shall be on a day taught basis. 11 12 13 14 SECTION 3 - TEACHERS' SALARY SCHEDULE 15 16 1. All full-time teachers will be contracted 182 days (The District requires 183 days 17 for teachers new to the District). 18 19 NOTE: The 182 day assignment will be reduced automatically if, at some point 20 in the future, the State does not fund additional days past 180. 21 22 2. Additional duties shall be compensated as indicated in the differential pay 23 schedule 24 25 26 SECTION 4 - TIME/RESPONSIBILITY/INCENTIVE PAY (PER DIEM) 27 28Supplemental compensation will be paid by separate contract pursuant to RCW 2928A.400.200 (4). 30 31All supplemental compensation is for one year only as per law. 32 33Each employee will receive eighty six (86) hours at the employee’s hourly per diem rate 34of pay which shall be computed as follows: Employee’s total teaching contract amount 35divided by the current basic contract days divided by (7). The hours shall be available as 36follows: 37 38I. 4 hours reserved for district in-service prior to school opening. All employees 39 receive all 4 hours. 40 41II. 82 hours Discretionary - These hours are to be used for various activities such as: 42 43 parent conferences beyond those scheduled on the annual school calendar 44 supporting student activities 45 evaluating student work and tutoring 46 attending workshops, in-services and classes
1 preparing of classroom, materials, and plans 2 planning instruction with other staff members 3 attending building/district meetings, orientations, graduations, etc., beyond the 4 regular scheduled day 5 preparing for the opening and closing of school 6 utilizing time outside the regular contract day to enhance classroom activities to 7 reflect changing curriculum and assessment methodologies. 8 9Other activities may be approved as TRI/Per Diem time when mutually agreed upon by 10employee and supervisor. 11 12Staff will be expected to participate in the development and the implementation of the 13district strategic plan and the building improvement plan. 14 15TRI Hours shall meet the following criteria: 16 171. Less than full time certificated personnel may receive seven (7) hours of TRI/Per 18 Diem in one day provided the length of the activity lasted the full day. 192. It is agreed that this supplemental contract is based on expectations of full and 20 complete service. TRI/Per Diem rate requests may be submitted by three interim 21 deadlines: October 31, February 28, and June 30. TRI/Per Diem forms will be 22 turned into the building administrator who will review them and forward them to 23 the payroll office. Not less than a 30-minute block of time shall be accepted as 24 TRI/Per Diem. 25 26 SECTION 5 - COMMITTEE AND OTHER ACTIVITY PAY RATES 27 28Certificated staff who serve on District appointed professional committees will be 29compensated at the rate of $19.00 per hour for meetings beginning after 3:30 p.m. or 30when the meetings convene; recorder/secretary will receive $21.00 per hour; and the 31chairperson will receive $23.50 per hour. Hours will be computed to the nearest half32hour. Actual payment will be included in the July payroll following the school year in 33which the committee(s) met. 34 35Certificated staff who participate in the following school activities shall be compensated 36as follows: 37 38 1. Building Improvement Team - $19.00 per hour monitored through the 39 Administrative Council. 40 41 2. Environmental Education Camp - $19.00 per hour, per certificated teacher 42 maximum six (6) hours each for curriculum planning. Nurses will receive two (2) 43 hours for preparation at $19.00. If staff members stay overnight, they will receive 44 a $100.00 stipend. 45 46 3. Building test coordinators will receive a stipend of $500.00 per year. 22 22
1 2Time sheets are to be kept for dates and hours for all of the above. 3 4When a staff member conducts in-service for the District, they will receive $200 for a 5whole day session, and $100.00 per day for a half day or after school session of four 6hours or more. Sessions of shorter duration will be prorated at an hourly rate. These fees 7are to cover time used to develop and present the inservice. These in-services must be 8approved by the Assistant Superintendent. 9 10 11 12 SECTION 6 - ACTIVITIES PAY SCHEDULE 13 14See printed schedule included with teaching contract. 15 16 17 18 SECTION 7 - INSURANCE BENEFITS 19 20Insurance benefits will be allowed at the state allocated amount. Amount received will be 21prorated based on the employee's FTE. The District agrees to pay any amount required to 22be remitted to the State Health Care Authority for the retired school employee's subsidy 23account. 24 25Dental and Long-Term Disability insurance is mandatory and Health Insurance is 26voluntary. VEBA III requires an annual agreement between the District and the 27Association for participation. Salary Insurance will be available to the staff on a 28voluntary basis. For more information about VEBA, please consult the Employee 29Benefits Handbook. 30 31The District agrees to provide the funding as a pool from which the two mandatory 32programs (dental and long-term disability) will be taken first. The remaining pool funds 33will then pay for health insurance benefits on a tiered framework. Any amount of the 34state allotted benefit not used by an employee shall be pooled and distributed among 35those employees for whom the state benefit amount does not cover completely his/her 36health insurance. After payment of dental insurance, long-term disability, and health 37insurance, any funds remaining in the pool shall be distributed among the entire 38employee group for use on any approved voluntary programs. 39 40 41 SECTION 8 - OTHER DEDUCTIONS 42 43Upon appropriate written authorization from a certificated employee, the District shall 44deduct from the salary of any certificated employee and make appropriate remittance for 45programs requested by a minimum of five (5) employees as long as such programs are 46allowed by law.
1 SECTION 9 - STAFF PROTECTION 2 3The District shall provide insurance coverage for employees for replacement of any 4clothing or personal property damaged or destroyed in a disturbance as provided by RCW 528A.400.370. 6 7Any case of an assault or threat thereof by a parent, student, or guardian upon a teacher 8shall be promptly reported to the building principal, the affected teachers, and the 9relevant authorities. 10 11The District shall also provide liability insurance to protect teachers against personal or 12bodily injuries and property damage in accordance with the intent of RCW 28A.400.360. 13Information as to the amount of monetary coverage provided will be available for on-site 14teacher inspection in each building principal's office. 15 16 SECTION 10 - TRANSPORTATION REIMBURSEMENT 17 18When a District vehicle is not available, certificated employees acting in accordance with 19assigned duties, and with the approval in advance of their supervisor, will be reimbursed 20for use of a personal car at the rate allowable by the I.R.S at that specific time. 21 22 SECTION 11 – RETIREMENT NOTIFICATION CONTRACT 23 24Employees who plan to retire at the end of the school year will be given an extended 25contract if they announce their retirement early. If the employee notifies the District with 26a letter of resignation by January 31st, the extended contract shall be worth $1,000; by 27February 28th, $800; by March 31st, $600; and by April 30th, $400. 28
1 ARTICLE VI - LEAVES 2 3If a certificated employee is to be absent for any reason other than illness, he or she must 4notify the building principal as far in advance as possible. 5 6Whenever an instructional certificated employee is absent, a substitute certificated 7employee will be hired to fill the position during the absence of the regular teacher. 8Educational Staff Associates (E.S.A.) are not included except in instances of extended 9absences. 10 11The utilization of a certificated employee's preparation period for the purpose of covering 12an absent teacher's class will be reserved for emergencies. The Association recognizes 13that there could occur a situation where no substitute certificated employees were 14available and this would constitute an emergency. 15 16 17 LEAVES (LISTED IN ALPHABETICAL ORDER) 18 19 SECTION 1 - BEREAVEMENT LEAVE 20 21Without deduction from sick leave, each employee shall be entitled to: 22 23 1. Up to five (5) days of leave for each occurrence of death in the immediate family. 24 25 2. Up to two (2) days of leave for the death of a loved one outside the immediate 26 family. 27 28In cases of extenuating factors, such as long travel distances, the employee may request 29additional days which may be approved at the discretion of the Superintendent. 30 31 32 SECTION 2 - EMERGENCY LEAVE 33 34Emergency leave for medical purposes or those situations declared as a state of 35emergency shall be granted not to exceed five (5) days in any one year. All days of 36emergency leave shall be deductible from sick leave. Emergency leave will be granted 37for the following purposes: 38 391. Illness or injury in the employee's immediate family requiring a physician's care. 40 Employee's immediate family is defined as spouse, child, grandchild, parent, 41 parent-in-law, son- or daughter-in-law, or sibling. Common illnesses and medical 42 appointments applicable to the employee's relatives over the age of 18 are not 43 covered under this provision. 44 452. Adoption of a child (applicable to the parents of the child only). 46 25 25
13. Birth of a child (applicable to the parents of the child only). 2 3Any requests for additional days beyond the limits of this section must be accompanied 4by verification of the necessity for absence including a statement from the physician, if 5appropriate. Requests shall be routed through the Building Principal/Supervisor to the 6Administrative Council to review and render a decision on the matter. 7 8 9 SECTION 3 - INDUSTRIAL LEAVE 10 11In the event employees are absent for reasons which are covered under State Industrial 12Insurance, the employee shall have the option of taking time loss payments only as 13distributed through the Northeast Washington Workers' Compensation Cooperative for 14instituting the buy-back option. The buy-back option provides for use of accumulated 15sick leave for which the injured employee would receive payment by the District and 16return endorsed workers' compensation cooperative checks to the District to buy back a 17portion of used sick leave. If this option is chosen, it would be in effect until 18accumulated sick leave was exhausted and then the employee would keep time loss 19payments only. Under no circumstances will an employee be allowed to keep both 20District payment for sick leave and time loss payments. 21 22 23 SECTION 4 - JURY DUTY AND SUBPOENA LEAVE 24 25Leaves of absence with pay shall be granted for jury duty or when subpoenaed to appear 26in a court of law. Any compensation, except mileage, received for jury duty or witness 27fees, performed on contracted days shall be remitted to the District. The teacher shall 28notify the District when notification to serve on jury duty is received. 29 30 31 SECTION 5 - MATERNITY LEAVE 32 33Maternity leave may be used for pregnancy, miscarriage, abortion, childbirth, and 34recovery wherefrom. Employees will be granted a maximum of eight (8) weeks of 35maternity leave, following delivery, which ends upon the doctor's release to return to 36work. This leave is eligible for use of sick leave. An employee shall notify the Building 37Principal/Supervisor in writing of the expected date of leave and shall do so at least 90 38days before this date. In the event of complications during pregnancy, accumulated sick 39leave may be used with a doctor's order for the employee to be off work. 40 41Leave sharing is not available for routine pregnancies and deliveries. Family medical 42leave may be granted for a maximum of twelve (12) weeks to begin at the end of the 43maternity leave. During this period of time employees will continue to receive their 44insurance benefits. However, this leave is without pay. 45
1Leave of absence without pay may be granted by the Board upon recommendation of the 2Superintendent after maternity leave and/or family medical leave. 3 4An employee absent for maternity reasons must decide within sixty (60) calendar days 5after the birth of her child whether she is going to return to work, take family medical 6leave, resign, or take a leave of absence for not more than one (1) school year. Her 7decision must be in writing. If her decision is to return to work, she must tell the District 8the specific day she will return to work. 9 10 11 SECTION 6 - MILITARY LEAVE 12 13Certificated employees shall be granted military leaves of absence for involuntary active 14duty training when required by law. While on leave, the certificated employee shall 15retain all benefits as though employment had been continuous in the District. Upon 16return from leave, the certificated employee shall be placed in the position last held or a 17similar position in the District. An involuntary military leave of absence shall be with 18pay and shall not exceed seventeen (17) calendar days in length. 19 20 21 SECTION 7 - OTHER LEAVES 22 23Leaves of absence without pay may be granted to certificated employees at the discretion 24of the Board of Directors. Requests for leaves for the coming school year must be 25submitted to the Superintendent by July 1 to be considered for the following year. Each 26request will be reviewed, granted, or disallowed by the Board on its merits and the 27benefits for the individual and the District. 28 29Such leaves may be renewed on the recommendation of the Administrative Council and 30with the approval of the Board of Directors. The employee must notify the 31Superintendent in writing no later than March 1 regarding plans to return the following 32year, or the employee's right to return is forfeited. The person will not be guaranteed the 33same position upon return; however, the position will be filled during the leave of 34absence by a temporary employee. 35 36 37 SECTION 8 - PATERNITY LEAVE 38 39Paternity leave is covered under Emergency Leave or the Family Medical Leave Act 40(RCW 28A.400.300). 41 42 43 SECTION 9 - PERSONAL LEAVE 44 45Employees may be granted three (3) days of personal leave with no deduction for 46substitute pay or sick leave.
1 21. The employee will provide the building principal notice as far in advance as 3 possible. 4 52. Approvals of requests during the first or last week of school are at the discretion 6 of the building principal or supervisor. 7 83. No more than two individuals or 10% of the building staff (whichever is larger) 9 shall be granted personal leave per day. Such leaves shall be granted per building 10 on a first come, first served basis at the discretion of the building 11 principal/supervisor, more can be granted if an appropriate substitute can be 12 employed. 13 144. The employee may accumulate five (5) days of personal leave. By the last day of 15 school, the employee must notify the District Office of his/her intention to cash16 out or carry over days. No more than three (3) days may be cashed out in any 17 year. 18 195. Reimbursement for cashed-out personal days shall be at $122.00 per day for three 20 (3) days. Payment shall be in the July warrant. 21 226. Certificated employees will not be granted personal leave on Professional 23 Development Days or Learning Improvement Days . If a special circumstance 24 arises, leave may be granted by the supervisor after conferring with the employee. 25 26 27 SECTION 10 -- PROFESSIONAL LEAVES 28 29Leave with pay and expenses will be provided for teachers to attend inservice or 30curriculum improvement meetings. Professional leave may also be used to administer 31testing important to the educational program of the school and district. The 32determination of leaves will be made within the respective building staffs and subject to 33availability of funding and qualified substitutes as determined by the building principal. 34All travel requests will be reviewed by the Board of Directors. 35 36Allocations for CTE shall be as follows: 37 Agriscience $1,000 38 Family and Consumer Sciences 200 39 Business 200 40 41In the event a teacher is a state or national officer in his/her teaching area professional 42organization, expenses will also be excluded providing the professional organization 43reimburses the District the cost of substitutes. 44 45At the discretion of their building principal or immediate supervisor, staff may access up 46to 4 days of professional leave to complete requirements towards programs that benefit
1the district, including Professional Certification and National Board for Professional 2Teaching Standards certification. 3 4 SECTION 12 - SICK LEAVE 5 6Employees under a school year contract shall be allowed sick leave at the rate of twelve 7(12) days per year accumulative to a total of up to the number of contract days. 8 9Absences in any one day of four or more hours shall be charged as one full day of leave; 10absences less than four hours shall be charged one half day of leave. Illnesses requiring 11three days or more off the job may be subject to doctor's verification in writing at the 12discretion of the Superintendent. Employees may use accumulated sick leave to care for 13minor children under the age of 18 with a health condition that requires treatment or 14supervision. 15 16Teaching personnel shall notify their Building Principal/Supervisor or substitute 17scheduler before 6:00 a.m. of their inability to report for duty due to illness or personal 18factors impacting wellness. A predetermined telephone number for this reporting purpose 19shall be provided to the teachers in each of the buildings/departments. The teacher shall 20notify the applicable Building Principal/Supervisor no later that 2:00 p.m. of his/her 21intentions for the next day. Failure to make such notification by the specified time gives 22the Principal/Supervisor authority to engage a substitute for the following day. 23 24The District agrees to make available to the staff a sick leave pool that will follow the 25state recommendations. 26 27 28 SECTION 13 -CONVERSION OF ACCUMULATED SICK LEAVE 29 30The District will provide an employee attendance incentive program for certificated 31employees. Such program will provide benefits as per WAC 392-136. This program is as 32follows: 33 34Attendance Incentive Program 35 36Procedure: 371. Employee must complete the required form and return to the District Office by 38 January 31. 39 402. District Office will complete a second form and verify receipt of employee 41 application by returning a copy of the second form to the employee. 42 433. Payment will be made with the February payroll. 44 454. Payment at retirement or death will be computed in consultation with the 46 employee or beneficiary (January 31 deadline is not applicable).
1 2Provisions: 3Pay for cash out shall be based on the teaching contract excluding any extra duty 4assignment pay (i.e.,: coaching, advisor pay, committee work, etc.) 5 61. Annual Cash-out 7 8 a) Must retain 60 day minimum 9 b) Cash-out unused portion of 12 days from previous calendar year. 10 c) Receive 1 day's pay for each 4 days sick leave 11 12 132. Retirement or Death 14 15 a) Receive 1 day's pay for each 4 days sick leave 16 b) Cash-out all unused sick leave to a maximum of 180 days. 17 18
1 2 ARTICLE VII - REGULATIONS AND PROCEDURES 3 4 SECTION 1 - EVALUATION AND PROBATION PROCEDURES 5 6Certificated classroom teachers and certificated support personnel holding 7nonadministrative positions (collectively referred to as "employees" herein) shall be 8evaluated during each school year in accordance with the procedures and criteria set forth 9in this Section. The evaluation procedure shall recognize high levels of performance and 10encourage improvement in specific, identifiable areas, and identify both unsatisfactory 11areas and areas needing improvement through the systematic assessment of the 12instructional program. 13 141.0 Statement of Philosophy 15The Medical Lake School District Board of Directors, Administrative Council and 16certificated staff are committed to the continuation of our district’s strong educational 17program. 18 19The primary focus of the certificated evaluation process is to improve instruction and 20benefit students, to meet statutory requirements of satisfactory teacher performance, and 21to assess teacher performance for the improvement or validation of instruction. 22 23The evaluation process will accurately and fairly assess the skills and performance of 24each certificated staff member, will encourage refinement of skills and behaviors, will 25encourage emphasis on and planning for personal and professional growth; and will 26provide specific direction for continuous improvement. 27 28This system will be successful because Medical Lake District administrators and 29certificated staff recognize our responsibility for professional growth, and the need to 30expand our knowledge and effectiveness. Together, we take seriously our roles as 31instructional leaders and are dedicated to personal and professional growth. 32 332.0 Purpose 34Certificated employees shall be evaluated during each school year in accordance with the 35procedures and criteria set forth herein. 36 373.0 Evaluation 38 39 3.1 Responsibility for Evaluation 40 41 Within each school the principal or other administrative designee shall be 42 responsible for the evaluation of certificated employees assigned to that 43 school. An employee assigned to more than one school shall be evaluated 44 by a supervisor as assigned by the Superintendent. The administrative 45 organization plan of the District shall be used to determine lines of
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46
responsibility for evaluation for any employee who is not regularly assigned to any school. 3.2 Evaluation Criteria and Time Line 3.2.1 3.2.2 Each employee shall be evaluated in accordance with appropriate criteria for his/her assigned duties. (See Appendix A & B) Evaluations shall be completed no later than May 15, and appropriate forms forwarded to the Superintendent by June 1 for review and filing in the employee’s personnel file.
Observations, Short Form Evaluation, Professional Growth Option 3.3.1 Each certificated employee shall be observed annually. A short form of evaluation will be available by mutual agreement for any employee who has been employed by the District for four (4) consecutive years with four years of consecutive satisfactory evaluations. Satisfactory shall be defined as an evaluation in which no area in need of improvement has been identified by the evaluator as a target for improvement. A long form evaluation (Appendix A & B) will be completed at least once every three years, thereafter. During the short form evaluation process, the evaluator and/or employee may return the employee to the long form evaluation. If an employee is removed from the short form, the evaluator shall provide written reasons for removing the employee from the short form evaluation process. Each school year, during the long form evaluation process, the frequency of observation shall be: (1) All employees shall be observed for the purposes of evaluation at least twice in the performance of their assigned duties. There will be at least two (2) observations of at least thirty (30) minutes each. Additional observations may be of shorter duration. New employees shall be observed for a total of sixty minutes with at least one observation time of thirty minutes during the first ninety calendar days of their employment period.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 274.0 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 435.0 44 45 46
(4) Total observation time for each employee for each school year shall be not less than sixty minutes. 3.3.4 3.3.5 All employees shall have the option of one pre-planned observation. The short form of evaluation shall include one of the three following options; (1) (2) a thirty minute observation during the school year with a written summary. a final annual written evaluation, using Evaluation Report short Form (Appendix C), based on the criteria and based on at least two observation periods during the school year totaling at least sixty minutes without a written summary of such observations being prepared; or use of the Professional Growth Option plan (Appendix C), with completion of Short Evaluation Form.
The Professional Growth Option (P.G.O.) shall be voluntary. A certificated employee must be evaluated via the Long Form summative evaluation system every third year. The participant must maintain minimum criteria as required by state statutes.
Required Evaluations and Observations 4.1 All employees newly employed by the District shall be observed within the first ninety (90) calendar days of the commencement of their employment. The long form will be utilized for all new employees to the District. 4.2 All employees, excluding those on P.G.O., will be observed annually during the performance of their assigned duties. Observations and evaluations will be completed no later than May 15 of the school year in which the observation takes place. Additional observations and/or evaluations may also be conducted. 4.3 If an employee is transferred to another position not under the currently assigned evaluator’s jurisdiction, such employee will remain on the same long form/short form evaluation schedule, except as provided in Section 3.2.2. Reporting Procedures for Observation and Evaluation 5.1 During each school year all classroom teachers and certificated support personnel shall be observed for the purpose of evaluation at least twice in
1 the performance of their assigned duties. Total observation time for each 2 employee shall not be less than 60 minutes. Following each observation, or 3 series of observations, the evaluator shall promptly document the results of 4 the observation in writing, and shall provide the employee with a copy 5 within three days after the report is prepared. New employees shall be 6 observed at least once for a total observation time of thirty minutes during 7 the first ninety calendar days of their employment. (RCW 28A.405.100) 8 95.2 The evaluator shall hold a conference with the employee for the purpose of 10 discussing the Evaluation Report (Appendices A & B). The employee shall 11 receive a copy of the report and shall sign the report to indicate that he/she has 12 received a copy. 13 145.3. When a teacher is assigned to teach outside his/her areas of preparation, it shall be 15 so noted on the evaluation form. 16 176.0 Probation of Non-provisional Employees 18 19This section applies to all employees, except provisional employees which are defined by 20law; and in Paragraph 7.0. 21 22 6.1 Evaluator’s report. At any time after October 15 of any school year, a 23 nonprovisional employee whose work is judged unsatisfactory based on 24 district evaluation criteria shall be notified in writing of the specific areas 25 of deficiency along with a reasonable program for improvement. 26 27 6.2 Establishment of Probationary Period. 28 29 6.2.1 When the superintendent concurs with an evaluator’s judgement 30 that the performance of an employee is unsatisfactory, a 31 probationary period of sixty school days shall be established by the 32 superintendent without need of Board approval. The 33 superintendent shall give written notice to the employee of: 34 35 (1) Specific areas of deficiency with a reasonable program for 36 improvement; 37 38 (2) Duration of the probationary period; and 39 40 (3) The fact that the purpose of the probation is to give the 41 employee an opportunity to demonstrate improvement. 42 43 6.3 During the Probationary Period 44 45 6.3.1 At or about the time of the delivery of a notice of probation, the 46 evaluator shall hold a personal conference with the probationary
1 employee to discuss performance deficiencies and the remedial 2 measures to be taken. 3 4 5 6.3.2 When appropriate, in the judgment of the evaluator, the evaluator 6 may authorize one additional certificated employee to assist the 7 probationary employee in improving his/her areas of deficiencies. 8 9 6.3.3 The probationer may request assistance of a companion teacher in 10 improving his/her performance. 11 12 6.3.4 During the probationary period, the evaluator shall meet with the 13 probationary employee at least twice monthly to supervise and 14 make a written evaluation of the progress made by the employee. 15 The provisions of paragraph 5.0 shall apply to documentation of 16 evaluation reports during the probationary period. 17 18 6.3.5 The probationary employee may be removed from probation at any 19 time if he/she has demonstrated improvement to the satisfaction of 20 the evaluator in those areas specifically detailed in his/her notice of 21 probation. 22 23 6.3.6 During the probation, the employee may not be transferred from 24 the supervision of the original evaluator. 25 26 6.3.7 The establishment of a probationary period shall not adversely 27 affect the contract status of an employee within the meaning of any 28 law and shall not be grievable under the grievance procedures set 29 forth in this agreement. 30 31 6.4 Evaluator’s Post-Probation Report 32 33Unless the probationary employee has previously been removed from probation, the 34evaluator shall submit a written report to the Superintendent at the end of the 35probationary period. The report shall identify whether the performance of the 36probationary employee has improved and shall set forth one of the following 37recommendations for further action: 38 39 6.4.1 That the employee has demonstrated sufficient improvement in the stated 40 areas of deficiency to justify the removal from probation, or 41 42 6.4.2 That the employee has demonstrated sufficient improvement in the stated 43 areas of deficiency to justify the removal from probation if accompanied 44 by a letter identifying areas where further improvement is required, or 45
1 6.4.3 That the employee has not demonstrated sufficient improvement in the 2 stated areas of deficiency and action should be taken to non-renew the 3 employment contract of the employee. A recommendation that the 4 employee be reassigned or placed on paid leave for the remainder of the 5 school year may also be made. 6 7 6.5 Action by the Superintendent 8 9Following a review of the report submitted pursuant to paragraph 6.4, the Superintendent 10shall determine which of the alternative courses of action is proper, and shall take 11appropriate action to implement such determination. 12 13 6.5.1 The Superintendent shall make the determination of probable cause to 14 non-renew the employee 15 16 6.5.2 The Superintendent’s decision to non-renew the employee must be limited 17 to evaluation criteria noted as deficient in the probationary notice. 18 19 6.5.3 Immediately following the completion of a probationary period that does 20 not produce performance changes detailed in the notice of deficiencies and 21 improvement program, the employee may be removed from his/her 22 assignment and placed into an alternative assignment for the remainder of 23 the school year. (This reassignment may not displace another employee 24 nor may it adversely affect the probationary employee’s compensation or 25 benefits for the remainder of the employee’s contract year). If such 26 reassignment is not possible, the district may, at its option, place the 27 employee on paid leave for the balance of the contract term. 28 296.6 A non-provisional employee receiving a notice of non-renewal shall have ten (10) 30 days from receipt of said notice to appeal the determination. If such appeal is 31 taken, the matter shall be heard by a hearing officer pursuant to statute. Should 32 the hearing officer uphold the non-renewal, the employee has thirty (30) days 33 from receipt of decision, to file an appeal with Superior Court. 34 356.7 Employees shall have the right to be accompanied by an Association 36 representative at probationary conferences. 37 387.0 Provisional Teachers 39 40As per state law, teachers are on provisional status for their first two years of employment 41with the District. However, teachers with at least two years of teaching experience in 42another Washington State school district shall be on provisional status only for their first 43full year with the District. If it is so determined that a provisional employee is to be 44nonrenewed, the provisional employee will be notified in accordance with state law. 45
1 SECTION 2 - PERSONNEL FILE 2 3Certificated employees or former certificated employees shall upon request have the right 4to inspect all contents of their complete personnel file kept at the District Office. The 5employee may request representation be present during the review. 6 7Any review of files shall be during normal business hours and shall, at the 8Superintendent's option, require the presence of the Superintendent or his designee. 9Upon request by the certificated employee, the Superintendent or his official designee 10shall sign to verify contents and the date. 11 12Each certificated employee's personnel file shall contain the following minimum items of 13information: all certificated employee's evaluation reports, copies of annual contracts, 14and transcripts of academic records. 15 16No evaluation correspondence, or other material making derogatory reference to an 17employee's competence, character, or manner shall be placed in the personnel file without 18the affected employee's knowledge and opportunity to attach his/her own comments. 19 20Certificated employees who wish documents removed from their personnel file may 21submit a written request to the Superintendent identifying the objectionable document. 22The document may be removed by the Superintendent, or if not removed, the 23Superintendent will provide the affected employee reasons in writing why it is not in the 24best interest of the District to remove the identified document. 25 26The official personnel file of each certificated employee shall be maintained in the 27District Administration Office. Any records, reports, or anecdotal information 28maintained by the Building Principal/Supervisor shall not be considered a part of the 29official personnel file and such information shall be destroyed, unless it is a part of the 30evaluation document placed in the personnel file at the end of each school year. 31 32Official grievance materials may be placed in the personnel file by employee request. 33Official forms shall be kept in a separate grievance file. MLEA executive board may 34view the file. 35 36
1 SECTION 3 - ASSIGNMENT, TRANSFER, AND VACANCIES 2 3To assure that pupils are taught by teachers working within their area of competence, 4teachers shall be assigned, in accordance with the regulations of the State Board of 5Education and Federal guidelines, to subjects, grades, and/or their major/minor fields of 6study or endorsements in specialty areas. 7 8SEQUENCE OF ASSIGNMENTS AND TRANSFERS: 9 10Teaching positions that open for the ensuing school year, will be subject to the following 11hiring priorities: 12 13I. Building and Program Reassignments – A change in assignment within a 14building or program that occurs as a result of building/program needs. 15 16 A. In-building transfers will have first consideration unless a reassignment is 17 determined by administration to be necessary as a result of budgetary/staffing 18 changes. 19 B. Openings in a building for the next school year will be announced, in writing, by 20 the building principal as early as possible, when the openings occur while school 21 is in session 22 C. Openings in a building for the next school year will be announced as early as 23 possible on the Employee Job Hot Line, (509) 565-3103, when school is not in 24 session. 25 D. The District will attempt to notify the applicant of his/her selection or rejection 26 for the staff opening as soon as possible, within (2) two weeks after the position 27 has been filled. Attempts will be documented by the building/program 28 administrator and available upon request. 29 E. When a request for a transfer is denied, he/she will be informed of the reason(s) as 30 soon as possible. 31 F. Employees will only be eligible for one transfer in building, per school year 32 assignment. 33 34II. Placement of Involuntary Transfers/Program Reduction 35 36 A. In the event a program or programs need to be reduced, no staff opening shall be 37 filled by means of an involuntary transfer if there is a volunteer available who 38 meets the qualifications for the position. 39 B. The District will determine programs that need to be reduced. Staff input will be 40 taken into consideration. 41 C. Programs that need to be reduced will be identified within a specific building. 42 “Program” is defined as secondary building departments, individual elementary 43 building grade levels, or district-wide special program. 44 D. In the event that a program reduction that contains a combined grade level or a 45 looping situation, the person involuntarily transferred will come from either grade 46 level using the procedures identified in this section.
1 E. Within the identified program, teachers will be ranked in reverse order according 2 to: 3 a. Years of experience in the District. 4 b. Years of experience in building 5 c. Degrees 6 d. Credits 7 e. A drawing by lots will be conducted to determine who shall be 8 involuntarily transferred when all the above items are equal. Affected 9 parties shall be invited to attend the drawing. 10 11 F. No employee shall be involuntarily transferred more than two times within a three 12 year period, or more than once within a school year. 13 G. The employee will be notified of the transfer as soon as the need for the transfer is 14 established by the District. 15 H. The District will offer to consult with the affected employee(s) regarding the 16 rationale for the transfer. 17 I. Employees involuntarily transferred due to program reduction will be given 18 priority to return to an open position within that program for (2) two years. 19 J. Based upon established educational need and physical requirements, the teacher 20 involuntarily transferred shall have an additional fourteen (14) per diem hours to 21 prepare and plan for the new assignment and to transfer materials. This shall 22 mean weekends and/or after school, if convenient for the teacher affected. 23 K. The employee may request the assistance of the District to help move the 24 employee’s instructional materials. 25 26Note: When employees move from the classroom to a specialist or itinerant position, 27they must be aware that, should that program be reduced or should they wish to return to 28an open position in the regular classroom, there can be no guarantees of placement 29regarding grade level or building. 30 31III. In-District Transfers 32 A. Building principals shall post all openings within their buildings as early as 33 possible. 34 B. When school is in session, postings will be sent to the MLEA President and 35 posted in each building’s staff room for (5) five working days. 36 C. Teachers interested in transferring shall notify the Superintendent or designee in 37 writing of their interest in the position within the (5) five working days that the 38 position is posted. 39 D. When school is not in session, the District shall place all openings for teaching 40 positions on the Job Hot Line for seven (7) working days. 41 E. Teachers interested in transferring shall notify the Superintendent or designee in 42 writing of their interest in the position within the (7) working days that the 43 position is on the Job Hot Line. 44 F. When a building has a teaching vacancy, the principal will consider employees 45 who have indicated an interest in the position that is open
1 G. The District will notify the employee of his/her selection or rejection for the staff 2 opening as soon as possible, but not more than two (2) weeks after the position 3 has been filled. 4 H. When a request for transfer is denied, he/she will be informed of the reason(s) as 5 soon as possible. 6 I. Employees will only be eligible for one voluntary transfer (in-building or in7 district) per school year. 8 J. Part-time staff will be considered for reassignment (in-building and in-district 9 transfers) to positions of equal or greater FTE only if the additional FTE is 10 supported within the District’s budget. 11 K. Whenever possible, positions that open after the first day of school, which are for 12 the current school year, will be filled by new employees. However, if positions 13 filled after the first day of school with provisional employees continue for the 14 following school year, interested certificated staff will have the ability to apply 15 and transfer into these positions following the procedures in the Collective 16 Bargaining Agreement. The provisional employee(s) shall move to an open 17 position if available and if the District makes the decision to renew the 18 provisional employee’s contract. 19 20 21IV Returns from Leave 22 A. Employees on leave of absence are not guaranteed to return to their exact same 23 position. 24 B. In the event that an employee is returning from leave and their previous 25 assignment is no longer available, they will be placed in a new position based 26 upon qualifications and in-district seniority by August 15th . 27 28V. Positions Open-Outside Candidates 29 30 A. This pool includes long-term substitutes, one-year only contracted employees and 31 candidates who have submitted an application with the District. 32 33Extra Duty Assignments 34As with all supplemental contracts (RCW 28A.400.200), these contracts are for one year 35only and will be posted within the building where the positions will occur. Multiple 36activities may be listed on a posting, and the posting may be in written or electronic form. 37Certificated staff will be notified, in writing, of any extra duty academic assignments that 38are open within their building, such as PAU’s, extended learning, etc. Selection will be 39based on the candidate’s qualifications. If more than one person seeking the position is 40qualified, selection will be determined by district seniority. If the position is not filled 41with certificated staff within the building, a posting will be developed for all other 42certificated district staff following the same selection criteria. If no certificated staff 43within the district accepts the position, other candidates will be considered based on 44qualifications. Extra duty assignments may be discontinued or substituted at the 45District’s discretion. The decision will be made with input from the Association and 46shall not be subject to the grievance procedure.
1 2Extended School Year Assignments 3 1. Those staff members who are presently assigned to special education positions 4 who desire to teach in the summer shall not have to be interviewed. However, if 5 the number of positions available is less than the number of employees who are 6 interested in teaching, experience, qualifications and current assignments will be 7 used to determine placement. If all of these factors are equal, District seniority, 8 will be used to determine placement. Employees need to notify the Program 9 Supervisor of their interest in teaching for summer. 10 11 2. Those teachers working within the District with prior satisfactory special 12 education experience qualifications, experience and certification shall be hired 13 prior to seeking teachers out of the District. 14 15 3. Summer positions shall be posted by the District and teachers shall be notified of 16 their teaching assignments as soon as possible before June 1 of each school year. 17 18 4. An evaluation at the end of summer school shall be provided each temporary 19 (summer only) employee. 20 21 5. All leave provisions afforded during the regular school year are applicable to in22 District employees during the summer. 23 24 6. The summer school administrator will conduct an observation of each certificated 25 staff member employed in the summer school program. The administrator will 26 share the observation with the employee in a written observation summary. The 27 observation summary may be used as part of the employee’s annual evaluation for 28 the following school year 29 30 31 SECTION 4 - DUE PROCESS 32 33In the event of a serious allegation, an investigation will be conducted. During the entire 34investigation, the teacher has the right to representation and the employee may be 35suspended with pay. 36 37No certificated employee shall be disciplined (including warnings, reprimands, 38suspensions, reduced in rank or compensation, or deprived of any professional 39advantage) without just cause. The specific grounds forming the basis for disciplinary 40action will be made available to the teacher and the Association in writingComplaints 41made against a teacher or person for whom the teacher is administratively responsible, by 42any parent, student, or other person will be promptly called to the attention of the teacher. 43Complaints not called to such teacher’s attention may not be used as the basis for any 44disciplinary action against the teacher. 45
1A teacher shall be entitled to have representation during any formal disciplinary action. 2When a request for such representation is made, no disciplinary action shall be taken with 3respect to the teacher until such representation is present. If a hearing is to be held 4between the District and employee, every effort shall be made to hold the hearing after 5normal school hours. 6 7The District agrees to follow a policy of progressive discipline. Possible disciplinary 8actions include, but are not limited to, verbal warning, written warning, suspension 9without pay, or discharge. Any disciplinary action taken against a teacher shall be 10appropriate to the behavior which precipitates said action. The District reserves the right 11to move to a higher level of discipline if it is an egregious situation that warrants such 12action. 13 14 15 16 SECTION 5 - GRIEVANCE PROCEDURE 17 18Purpose 19The purpose of the grievance procedure shall be to provide a means of resolving alleged 20violations of the collective bargaining agreement. 21 22The grievance procedure is deemed in the best interest of administering the collective 23bargaining agreement. 24 25Definition 26A grievance is any condition, action or lack of action of the District or the Association 27which is an alleged violation of the collective bargaining agreement. A grievance may 28result from alleged misinterpretation or misapplication of the terms and conditions of this 29agreement. 30 31General Conditions 321. Time Limits 33A grievance must be initiated within twenty (20) work days following the alleged 34violation of the collective bargaining agreement. The adjustment of grievances shall be 35accomplished as rapidly as possible. To that end, the number of days within which each 36step is prescribed to be accomplished shall be considered as maximum, and every effort 37shall be made to expedite the process. Under unusual circumstances, the time limit 38prescribed in this statement may be extended by mutual consent of the 39grievant/Association and the District. To the extent that time limits are expressed in days, 40the days shall consist of school days except after June 1, when ,they shall consist of all 41weekdays so that the grievance may be adjusted before the close of the school year or as 42soon thereafter as is possible. If the employee misses the timeline for grievance, the 43grievance shall be dismissed. 44 45 46
12. Representation 2At each formal step in the procedure, the grievant may be represented by a representative 3of the recognized employee organization; however, the organization shall not be 4obligated to represent any grievant at any step of the procedure, and whether it does so 5shall lie within its sole discretion. Any grievant shall have the right at any time to present 6grievances and to utilize each step of this procedure with counsel of his/her own choice. 7The Association is to be informed of any grievance procedure initiated by any individual 8represented by this Agreement. 9 103. Confidentiality 11All matters pertaining to specific grievances shall be confidential information and shall 12not be disclosed or divulged by any participant in the grievance adjusting process or by 13any grievant or director of the District except as required by public disclosure rules. 14 154. Freedom from Reprisal 16Individuals involved in grievance adjustment proceedings, whether as a grievant, a 17witness, a representative of the recognized employee organization, or otherwise, shall not 18suffer any restraint, interference, discrimination, coercion, or reprisal on account of their 19participation in the grievance adjusting process. 20 215. Assistance in Investigation 22During the course of any investigation by the recognized employee organization (either to 23determine whether it will represent a grievant or to enable it to represent the grievant 24effectively) the District and the Association shall cooperate and furnish to each other 25information germane to the grievance as may be requested unless such information 26cannot be disclosed under the law. 27 286. The Association may file a grievance only at the request of the grievant. 29 30 31 32PROCEDURE 33Step One 34a. The grievance must be initiated within twenty (20) work days of the alleged 35 violation of the collective bargaining agreement. 36b. An educator with a grievance shall discuss it first with his/her immediate 37 supervisor. 38c. If the employee desires, he/she may be accompanied by a member of his/her 39 professional organization. 40d. Every effort shall be made to resolve the grievance at this level in an informal 41 manner. 42 43Step Two 44a. If within twenty (20) work days of Step One the educator is not satisfied with the 45 procedure outlined in Step One above, he/she or the Association may request from 46 the building representative a form entitled "Grievance Review Request."
1b. This form is to be submitted at a meeting with the Building Principal/Supervisor. 2c. A written response from the Building Principal/Supervisor will be given to the 3 grievant four (4) work days of the meeting. 4 5Step Three 6a. If within five (5) work days of the receipt of the written response, the grievant 7 and/or Association is not satisfied with the disposition of his/her grievance at Step 8 Two, the grievance may be appealed to the Superintendent or his/her official 9 designee. 10b. The Superintendent will arrange for a meeting to take place within five (5) work 11 days of receipt of the grievance. 12c. Upon conclusion of the meeting, the Superintendent shall have five (5) work days 13 to provide a written decision, together with reasons for the decision to the grievant 14 and the Association. 15 16Step Four 17 1. If within twenty (20) work days from receipt of the written response from the 18 Superintendent, the grievant and/or Association is not satisfied with the 19 disposition of the grievance at Step Three, they may appeal the decision of the 20 Superintendent to binding arbitration. The grievant will so inform the 21 Superintendent in writing. For grievances initiated by the Association, the final 22 decision about going to arbitration lies with the Association Executive Board. 23 24 2. The District and the Association agree to use the rules of the American Arbitration 25 Association. 26 27 3. The arbitrator will be chosen by the Association and the District from a list of 28 arbitrators supplied by the American Arbitration Association by alternately 29 striking one name at a time from the list. The first to strike a name shall be 30 determined by lot. The arbitrator whose name remains on the list shall serve for 31 the grievance. 32 33 4. The decision of the arbitrator shall be final and binding on both parties. 34 35 5. The cost for the services of the arbitrator, including per diem expenses, if any, will 36 be borne equally by the Association and the District. All other costs will be borne 37 by the party incurring them. 38 39Exceptions to Time Limits 40When a grievance is submitted on or after June 1, time limits shall consist of all 41weekdays, excluding holidays, so that the matter may be resolved before the close of the 42school term or as soon as possible thereafter. 43 44 45
1Cooperation of the Board and Administration 2 3The Board, Administration, and Association will cooperate with each other in the 4investigation of any grievance, and further, will furnish each other with information 5needed to process any grievance. 6 7Released Time 8 9Every effort shall be made not to interrupt the educational process unless the arbitrator 10and/or Superintendent deem it necessary. 11 12Non-renewal and/or discharge proceedings are not subject to the grievance procedure 13since state law prescribes legal process to be followed. 14 15 16 17 SECTION 6 - LAYOFF AND RECALL 18 19The term "layoff" as used herein refers to action by the District reducing the number of 20teachers in the District due to economic reasons only; it does not refer to any decision to 21discharge or non-renew an individual teacher for cause. 22 23Teachers with valid contracts will not be laid off during any school year. All layoffs will 24be effectuated at the start of the following school year. In the event of a layoff, the 25District shall provide written notice to all affected teachers on or before May 15 of the 26school year preceding the year in which the layoff would occur. 27 28In the event that the District anticipates a layoff of teachers, the District will notify the 29Association before May 15. The District will provide the association with pertinent 30financial information demonstrating conclusively that projected revenues will affect 31current staffing levels. Further, the District shall seek out financial assistance from 32available resources. In addition, the Association may recommend that the Board run a 33local maintenance and operations levy. 34 35The District shall also make available to the Association an accurate up-to-date account 36of all voluntary gifts, contributions, donations, bequests, or pledges to the District. All 37such funds shall be placed in the general fund for operational expenditures unless 38earmarked for a specific program(s) of the District. Where anticipated revenues are 39categorical and depend upon actual expenditures rather than budgeted amounts, the 40District shall maintain these programs only to the limit of the categorical support. 41 42One seniority list shall be compiled by the District that will include all state certificated 43public school staff. 44
1Program 2Before any layoffs occur, the program for the District will be determined by the Board of 3Directors with Association input. 4 5Seniority 6Layoff shall be by seniority. Seniority is defined as length of service within the state as 7of the teacher's first working day. 8 9By November 1, of each school year the District will publish and distribute to all teachers 10and the Association a seniority list ranking each teacher from greatest to least seniority. 11 12A finalized list shall be provided the Association by March 1 of each year, which list shall 13reflect all corrections, deletions and additions of personnel for the school year. 14 15In the event of more than one individual teacher having the same statewide seniority 16ranking, all teachers so affected will be ranked according to in-District seniority. 17 18In the event of more than one teacher having the same in-District seniority ranking, all 19teachers so affected will be ranked in accordance with the number of education credits 20beyond the BA Degree from greatest to least. 21 22In the event of more than one teacher having the same number of credits after applying 23the above provisions, all teachers so affected shall participate in a drawing by lot, to 24determine position on the seniority list. The Association and all teachers so affected shall 25be notified in writing of the date, place and time of the drawing. The drawing shall be 26conducted openly and at a time and place that will allow affected teachers and the 27Association to be in attendance. 28 29Layoff Procedure and Definitions 30In the event it becomes necessary to layoff teachers, the following procedure will be 31implemented: 32 331. "Indeterminate Leave" means leave because of economic reasons resulting in a 34 reduction of teachers. Any teacher placed on indeterminate leave shall retain all 35 accrued benefits and such other benefits as are regularly extended to any teacher 36 on a one year leave of absence. 37 382. "Qualifications" means state requirements for the subject area and/or grade level 39 to which the teacher will be assigned, academic preparation in subject area and/or 40 grade level assigned, teaching experience in subject area and/or grade level 41 assigned. 42 43Teachers that are to be laid off shall be placed on indeterminate leave. Teachers to be 44placed on indeterminate leave shall be those with the least service time in the state that 45has been determined by the final seniority list ranking. The District shall begin with 46those teachers who have one year of service or less, then two years, etc., until the
1necessary quota has been met. Any request for indeterminate leave shall be granted. 2Teachers shall not be "bumped" or reduced in seniority ranking by school employees that 3are not represented by the teacher group. 4 5All retained teachers face possible reassignment in order to fill essential teaching 6vacancies that may be outside their major area as a result of layoff. Nonetheless, any 7such teachers are expected to perform their duties in a satisfactory and professionally 8competent manner. The annual evaluations of teachers so affected shall bear the notation 9that the assignment upon which they are being evaluated is an emergency assignment 10outside their major area. 11 12Recall Procedure 13After program cuts have determined how many positions would be eliminated, the 14employees released who were not assigned to a position would go into a teacher pool. 15Reassignments from this pool to existing vacancies shall be made on the basis of 16seniority. No new teachers shall be hired to fill existing or new teaching assignments 17until the pool has been exhausted, unless no teachers in the pool are qualified for the 18position. 19 20The District shall give written notice of recall from layoff by sending a registered or 21certified letter to said teacher, at his/her last known address. A copy shall be sent to the 22Association. It shall be the responsibility of each teacher to notify the District of any 23change in address. The teacher's address as it appears on the District's records shall be 24conclusive when used in connection with layoffs, recall, or other notice to the teacher. 25 26Layoff Benefits 27An individual laid off may pay the cost of insurance benefits through the District. 28 29All positions of substitute teachers shall be offered to teachers on recall by seniority in 30rotating order before any other person is offered such a position. 31 32All benefits to which a teacher was entitled at the time of his/her layoff, including unused 33accumulated sick leave will be restored to the teacher upon his/her return to active 34employment, and the teacher will be placed on the proper step of the salary schedule for 35the teacher's current position according to the teacher's experience and education. 36 37
1 ARTICLE VIII - TERM OF AGREEMENT 2 3 SECTION 1 - REOPENER CLAUSE 4 5This Agreement may be opened for amendment(s) by the mutual consent of both parties, 6and the Board shall not adopt policy affecting the wages, hours, terms and conditions of 7employment of certificated staff without negotiating with the Association. Requests for 8such amendment(s) by either party must be in writing and must include a summary of the 9proposed amendment(s). 10 11In the event of economic changes mandated by the Washington State Legislature during 12the school contract year, the Association or the District may give ten (10) days notice of 13its desire to negotiate changes in the salary schedule and economic fringe benefits. 14 15 16 SECTION 2 - TERM OF AGREEMENT 17 18This Agreement shall be effective beginning with the 2008-2009 contract year and shall 19continue in effect through the 2010-2011 contract year (excepting salary, fringe benefits, 20and other economic issues of concern to the Association or new legislative actions). 21 22This Agreement shall be open for negotiating a successor agreement not later than May 1, 232011. It is the hope of both the District and the Association that only those items of 24concern as expressed during the term of this agreement will be negotiated in formation of 25a new agreement and that the articles in this agreement that have proven satisfactory may 26continue in effect. 27 28 29 30 31 32 33 34 35 36 37For Medical Lake Education Association For Medical Lake School District #326 38 39 40 41BY:__________________________ BY:____________________________ 42 43DATE:________________________ DATE:__________________________ 44 45
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