AGREEMENT

BETWEEN

THE BOARD OF SCHOOL TRUSTEES

OF THE VIGO COUNTY SCHOOL CORPORATION

AND

THE VIGO COUNTY TEACHERS ASSOCIATION

2002-2004

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TABLE OF CONTENTS PAGE ARTICLE I -- RECOGNITION ......................................................................................... 1

ARTICLE II -- DEFINITIONS ........................................................................................... 1

ARTICLE III -- CONTRACT PROCEDURES................................................................... 3

ARTICLE IV -- ASSOCIATION RIGHTS ......................................................................... 4

ARTICLE V -- BOARD RIGHTS ...................................................................................... 8

ARTICLE VI -- BOARD POLICIES AND RULES............................................................. 8

ARTICLE VII -- EVALUATION AND DUE PROCESS ..................................................... 8

ARTICLE VIII -- COMMITTEES AND DISCUSSIONS .................................................. 11

ARTICLE IX -- TEACHER'S AUTHORITY AND RESPONSIBILITY.............................. 14

ARTICLE X -- TEACHING CONDITIONS ..................................................................... 17

ARTICLE XI -- DAYS AND HOURS .............................................................................. 19

ARTICLE XII -- SPECIAL EDUCATION ........................................................................ 22

ARTICLE XIII -- ASSIGNMENT AND TRANSFER PROCEDURES.............................. 25

ARTICLE XIV -- SUMMER SCHOOL/CREDIT ADULT EDUCATION........................... 30

ARTICLE XV -- LAYOFF-RECALL................................................................................ 33

ARTICLE XVI -- COMPENSATED LEAVES ................................................................. 38

ARTICLE XVII -- UNCOMPENSATED LEAVES OF ABSENCE ................................... 44

ARTICLE XVIII -- SICK LEAVE BANK .......................................................................... 50

ARTICLE XIX -- REPORTING TEACHER ABSENCES ................................................ 51

ARTICLE XX -- HOMEBOUND INSTRUCTION............................................................ 52

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ARTICLE XXI -- TEMPORARY CONTRACT TEACHERS ............................................ 53

ARTICLE XXII -- COMPENSATION.............................................................................. 53

ARTICLE XXIII - SEVERANCE PAY/RETIREMENT/SAVINGS PLAN.......................... 59

ARTICLE XXIV -- INSURANCE .................................................................................... 64

ARTICLE XXV - GRIEVANCE PROCEDURE............................................................... 67

ARTICLE XXVI - NO STRIKE ....................................................................................... 72

ARTICLE XXVII -- AMNESTY/NO REPRISAL .............................................................. 72

ARTICLE XXVIII - TERM OF AGREEMENT ................................................................. 72

APPENDIX A -- 2002-2003 Teacher Salary Schedule .................................................. 74

APPENDIX B -- Extra Responsibility or Additional Staff Assignment ............................ 75

APPENDIX C -- Anticipated Payroll Dates .................................................................... 83

APPENDIX D -- Grievance Form .................................................................................. 84

APPENDIX E -- Volunteer Form.................................................................................... 85

APPENDIX F -- Transfer Request Form........................................................................ 86

APPENDIX G -- Masters +30 Salary Placement Request Form.................................... 87

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AGREEMENT

Between

THE BOARD OF SCHOOL TRUSTEES

OF THE VIGO COUNTY SCHOOL CORPORATION

and

THE VIGO COUNTY TEACHERS ASSOCIATION This Agreement entered into this day of , 2002, by and between the Board of School Trustees of the Vigo County School Corporation and the Vigo County Teachers Association.

W I T N E S S E T H: That in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows:

ARTICLE I

RECOGNITION The Board recognizes the Association as the exclusive representative of all teachers in the bargaining unit for the purpose of collective bargaining and discussions pursuant to Public Law 217. The Board also recognizes the importance of professional teachers pursuing memberships in professional organizations such as the Association.

ARTICLE II

DEFINITIONS A. Bargaining Unit. The bargaining unit is defined by state law and appropriate Indiana

Education Employment Relations Board rulings. During the term of this Agreement, the School Corporation agrees it will not initiate more than one petition with the Indiana

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Education Employment Relations Board challenging the composition of the bargaining unit.

B. Terms. 1. The term "teacher" when used in this Agreement shall refer to all members of the

bargaining unit; provided, however, that only the provisions of Article XVI, Compensated Leaves, Article XVII, Uncompensated Leaves of Absence, Article XVIII, Sick Leave Bank, Article VII, Evaluation and Due Process, number of contract days are applicable to bargaining unit members assigned to Gibault Boys School.

2. The term "Board" or "School Corporation" when used in this Agreement shall

refer to the Board of School Trustees of the Vigo County School Corporation and any person(s) authorized to act on its behalf in dealing with its employees.

3. The term "Association" when used in this Agreement shall refer to the Vigo

County Teachers Association, and any person(s) authorized to act on its behalf. 4. The term "parties" when used in this Agreement shall refer to the Board and

Association. 5. The term "seniority" when used in this Agreement shall mean the total number of

consecutive years (120 days minimum) a teacher has been employed under regular or temporary contract with this Corporation and any corporation reorganized into this Corporation. Such number of years shall include any periods of time said teacher shall have been on approved leaves. Seniority is not always synonymous with semi or permanent status as addressed in Article XV.

6. The term "Credited Teaching Experience" shall mean time spent on a temporary

or regular contract. 7. The term "Public Law 217" when used in this Agreement shall refer to IC 20-7.5-l,

et seq. 8. References of gender in this Agreement, whether male or female, shall include

all individuals regardless of gender, unless the specific context indicates otherwise.

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ARTICLE III

CONTRACT PROCEDURES A. Entire Agreement. This Agreement supersedes and cancels all previous agreements,

whether verbal or written, between the School Corporation and the exclusive representative as well as any alleged past practices of the School Corporation, and this Agreement constitutes the entire agreement between the parties. This Agreement also supersedes any rules, regulations, policies or practices of the Board which are contradictory or inconsistent with the terms of this Agreement.

B. Scope of Agreement. The parties acknowledge that during the bargaining which results

in this Agreement, each had an unlimited opportunity to make proposals; therefore, the parties, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered by this Agreement, even though such subject may not have been within the knowledge and contemplation of either party at the time they bargained or executed this Agreement. This paragraph may be waived by mutual agreement when the severity of an unanticipated situation demands adjustments in this Collective Bargaining Agreement.

C. Future Negotiations. It is the agreement and understanding of the parties that there are

certain items contained in this Agreement which the Board maintains it has no statutory obligation to negotiate, pursuant to Public Law 217, as it exists and is interpreted by the IEERB and courts as of the date of this Agreement. By placing such items in this Agreement, the Board does not waive its rights and contentions that such items need not be negotiated by the Board in future negotiations.

D. Severability. If any provision of this Agreement or any application of this Agreement to

any teacher or group of teachers is now or at any time held contrary to law, then such provision or application shall not be deemed valid except to the extent permitted by law; but all other provisions or applications shall continue in full force and effect.

E. Amendments. Any amendment or agreement adding to, subtracting from, or

supplemental to this Agreement shall not be binding upon either party unless it is executed in writing by each of the parties hereto.

F. Captions. The Article and section captions contained in this Agreement are for easy

reference only, were not negotiated, and should not be used in any substantive interpretation of the meaning of the negotiated Agreement.

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ARTICLE IV

ASSOCIATION RIGHTS A. Association Deductions. Upon written authorization from a teacher, the Board shall

begin payroll deductions of Association dues and political action contributions. Such sums shall be remitted by the tenth (10th) of each month to the Association. Delivery of such remittance to the office of the Association, attention to the Treasurer, by United States first class mail shall constitute sufficient remittance.

Association payroll deduction authorizations may be submitted at any time. Association deductions will be made in equal amounts using the following procedures:

1. The Association deductions for a school year may be deducted in equal

amounts according to the pay schedule opted by the teacher from twenty-one (21) or twenty-six (26) pays beginning each year with the first pay in September.

2. The Association must notify the Director of Human Resources in writing of

any changes in the annual dues by August 15 of each year. Otherwise, the dues schedule in effect for the previous school year will remain in effect for the next annual deduction period which commences with the first pay in September.

3. For those teachers not previously on payroll deduction, the School

Corporation will deduct in equal amounts the total amount of Association deductions for the pay periods left in that school year deduction period. Payroll deductions will begin the next pay following receipt of proper payroll deduction authorization submitted ten (10) or more working days prior to the payroll date.

If so authorized on the written authorization, Association deductions shall be deducted indefinitely on a continuing membership basis, unless and until a written rescission is given to the School Corporation by the teacher. The School Corporation will notify the Association, through its Chief Financial Officer, of any previous month rescissions with its monthly remittance.

It is understood that the Association will save the Board harmless against any and all claims of liability which may arise out of, or by reason of, action taken or not taken by the Board in compliance with deduction authorization cards furnished by or through the Association to the Board.

B. Bulletin Boards. Bulletin board space shall be made available in each facility for the use

of the Association. Any documentation posted by the Association shall identify it as an

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Association document. No documents relating to election to public office shall be posted. No documents will be posted by the Association in any area readily accessible to the public or the students unless such have first been approved by the appropriate administrator.

C. Use of Equipment. The Association may use the facility's audio-visual and office

equipment that are generally made available for teachers' usage after obtaining approval from the principal. The Association agrees to use said equipment only when it is not otherwise in use and to assume all responsibility for damage to said equipment, including the cost of repair or replacement. The use of such equipment shall not interfere with or interrupt normal school operations. All consumable materials are to be furnished by the Association.

D. Interschool Mail System. The Association shall have the right to use the interschool

mail delivery service and may insert materials into teacher mail boxes.

The Association office at 400 Wabash Avenue, Suite 200, shall be included on a regular delivery stop, so long as the Association maintains a separate and accessible mailbox for such purpose, and as a pick-up stop upon notice of material to be so picked up, on the regular interschool mail delivery route.

E. Use of Schools for Meetings. The Association and its members may use school

building facilities for school-related meetings after obtaining the prior authorization of the appropriate administrator. Attendance at such meetings will be limited to teachers and their personal guests. The Association shall assume all responsibility for any damage caused by their members or guests at such meeting and shall agree to pay for additional custodial services if they are required. There shall be no other costs to teachers for such use.

F. Orientation Announcements. The School Corporation agrees that if there is a general

orientation meeting of teachers at the start of the school year, it will announce that the Association is the exclusive representative for the teachers, introduce the President of Association, and announce the time and place of the next Association meeting. It is contemplated by the parties that the Association's President will make some welcoming remarks.

G. Released Time. (1) Scheduled Released Time

The Association President will be scheduled with release time up to approximately one-half school day every school day. On any non-student days, the Association President will be expected to attend any meetings required of other teachers and may utilize his or her preparation or records time for

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Association business, but will be required to comply with any records or grading deadlines. Generally, that one-half day release time will be scheduled in the afternoon but may be changed by mutual agreement. The Association will cooperate in being flexible during this time in order to fulfill any parent conferences or case conferences and will be expected to attend any in-service or faculty meeting(s) held during this time.

The Association shall reimburse the Board for one half of any salary expenses

necessitated by the hiring of a substitute or teacher for this scheduled release time. Prior to each school year, the VCTA and the Superintendent shall meet to discuss the specific schedule in order to provide the least impact upon the education program and to minimize the cost for the VCTA and the School Corporation.

Section G(1) will not be part of the status quo of this contract and not automatically included in the successor contract unless mutually agreed to by the Association and School Corporation.

(2) Unscheduled Release Time

In addition, the Association President, or his/her designee if said designee is approved by the Superintendent, shall be provided a total of five (5) days annually of released time to conduct Association business. Such released time shall be used in not less than one-half (½) day segments. The Association shall reimburse the Board for any expenses necessitated by the hiring of a substitute for the Association President or his/her designee.

H. Association Representatives Visiting Schools. The Association President, or the

Association's Grievance Representative, may visit schools to investigate teacher complaints and/or confer with individual teachers at reasonable times. Such visits shall in no way interfere with the classroom instructional time of the visited teacher. Visits or conferences under this clause may be made during non-instructional or non-student supervision assigned time or when a teacher is not to be involved in a meeting or conference. Any Association representative visiting under this clause shall make a reasonable and good faith effort to report to the principal prior to conducting Association business. In the event the principal is not available, the Association visitor will request that the secretary or other responsible person will inform the principal of the visit and the Association visitor must sign in and wear a building identification badge, if such badges are in use, as required by the Security Plan and Procedures.

I. Access to Information. The School Corporation will comply with reasonable requests to

supply the Association with a copy of any document or information that is a part of the public domain.

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A copy of any bulletin, memorandum, directive, notice or similar documents which concerns or affects teachers generally will be given to the Association upon request.

The School Corporation will make available to the Association, upon reasonable request, information relating to names and addresses of teachers, training and experience of teachers, or resignation of teachers.

J. Board Agenda and Minutes. The School Board agrees to mail or deliver the agenda

and all general supporting material for regular and special board meetings to the Association office at the same time as they are mailed or delivered to the School Board members.

The Association may request, in writing, to be placed upon the Board's agenda for any public meeting. Such request must be made at least seven (7) calendar days prior to the Board's meeting and shall designate the subject matter to be presented and the approximate time such presentation will take. The Board may waive the seven (7) day notification requirement. The Association shall be placed upon the agenda as the subject matter of the request may indicate. The Association shall have only one (1) spokesman at any given Board meeting.

K. Copies of Agreement. The Board agrees to supply at its sole expense six (6) copies of

this Agreement for original execution by the parties (three (3) such copies for each party). In addition, the Board agrees, at its expense, to distribute one (1) copy of this Agreement to each teacher in the bargaining unit and supply the Association with twenty (20) copies of this Agreement within sixty (60) days of ratification.

L. Grants. The Board agrees to make available to the Association a list of grants currently

received by the School Corporation and the date upon which each of these grants may be renewed. Upon request by the Association, the Board will make available information concerning any of these grants for the purpose of keeping the Association informed of the type, number and purpose of educational grants applied for and received by the School Corporation. The Association will be provided an opportunity to discuss all grants initiated by administrative staff members which change teacher working conditions or such grants will be implemented through a sub-committee of the Discussion Team with teacher members approved by the Association.

M. The School Board agrees to make available to the VCTA one telephone line for the

VCTA office, and one line to the building of the Association president. The VCTA agrees to pay the installation, line charges and maintenance for these telephone lines. The VCTA and/or the VCTA President will be provided an address on the School Corporation’s e-mail system.

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ARTICLE V

BOARD RIGHTS The Board construes and the Association recognizes that the provisions of this Agreement constitute limitations and are the only limitations upon the Board's right to manage the school district, and that the Board has the responsibility and authority to manage and direct all the operations of the school district to the full extent vested in it by the laws of the State of Indiana.

ARTICLE VI

BOARD POLICIES AND RULES Any teacher(s) who believes that an adopted Board policy or rule has been violated may individually raise such matter with the administrator(s) involved, and in the company of an Association representative if the teacher desires, but if the matter is not thereby successfully resolved, and if the matter would be a subject covered by Section 5 of Public Law 217, and was not bargained, the matter shall only be raised through the exclusive representative as a matter for discussion.

ARTICLE VII

EVALUATION AND DUE PROCESS A. Teacher Evaluation. Teacher evaluation procedures are specifically subject to Article VI

of this Agreement, "Board Policies and Rules," and may be raised as a matter for discussion.

B. Maintenance of Personnel Files. The School Corporation shall (from the execution date of

this Agreement) maintain a single personnel file on each teacher in the Administration Building and may maintain an additional single personnel file at the building(s) where the teacher teaches. All personnel information concerning each teacher shall be kept in that teacher's referred-to personnel file(s) (hereinafter referred to in singular).

1. Teachers shall be permitted to see their personnel file and may duplicate any

information in the file, except information secured by the Board in the course of employing the teacher shall not be made available.

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2. A copy of each formal evaluation shall be placed and kept in the personnel file. 3. If any derogatory material is to be placed in a personnel file, the teacher shall first

have the opportunity to read such material and attach a statement of clarification or rebuttal if the teacher so chooses. The teacher shall initial and date such material, which shall not be any indication of any fact other than his/her knowledge of the existence of such material; this sentence shall operate prospectively from the date of this Agreement, and each individual teacher is encouraged to examine his/her personnel file and may initial and date any documents which may have been placed herein prior to the date of this Agreement.

4. Upon request of a teacher, any derogatory material shall be removed from his file if

such material has been on file for at least seven (7) years and there has been no recurrence of circumstances similar to those which prompted the inclusion of such derogatory material. This clause does not apply to formal evaluations.

5. Any material received from outside the Corporation which is derogatory in nature

shall be accompanied by an administration investigation report if it is to be placed in the teacher's personnel file.

6. A teacher will have fifteen (15) working days in which to append any response to

materials scheduled for placement in the personnel file. Extension of these time lines may be requested and not unreasonably denied.

7. All evaluative materials at the building level made by a principal that are not simply

copies of the Administrative building personnel file shall not remain in the building when that individual is no longer the principal.

C. Tenure Hearing Due Process. Recognizing that the grievance procedure of this

Agreement may not be utilized beyond Step Three of the procedure to enforce this Article nor to dispute any action by the Board which is in accordance with state laws relating to tenure and renewal of teacher contracts, at any hearing now provided for by applicable law (i.e., non-renewal of a continuing tenure contract, or dismissal in mid-contract), the following procedures shall apply:

1. The School Corporation will supply the teacher the reasons in writing in sufficient

time to prepare a defense. 2. The teacher may examine and copy any evaluation reports or other documents

contained in the teacher's personnel file. 3. The School Corporation will advise the teacher of the names of witnesses for the

School Corporation, at least five (5) calendar days prior to that hearing, except possible rebuttal witnesses; the teacher will advise the School Corporation of the

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names of witnesses to be called by the teacher at least three (3) calendar days prior to the hearing, except possible rebuttal witnesses.

4. The teacher may be represented by a third party or counsel. 5. The teacher may introduce evidence on the teacher's behalf and cross-examine the

witnesses for the School Corporation. Any witness presenting testimony shall be sworn.

6. Either party may request that all witnesses be sworn or affirmed by their oath and

such witnesses shall be then so sworn. 7. Either party may request that a transcript or recording be made of the hearing. The

requesting party shall bear the initial expense of such transcript or recording and shall furnish the other party a true, accurate and complete copy of such transcript or recording at the other party's expense.

8. The Board's decision must be based solely upon the evidence and facts which are

presented at the hearing. 9. The Board shall make written Findings of Fact and Conclusions of Law and supply a

copy of said Findings and Conclusions of Fact to the teacher, the Association, and any individual representative of record of the teacher.

10. The decision of the Board shall not be found on an arbitrary, capricious or illegal

basis. D. Non-Renewal of Non-Tenure Teachers. 1. If the administration is considering not renewing the regular teaching contract of a

non-tenure teacher, such teacher shall be notified prior to April 3 of that fact and such teacher may, upon written request to the office of the Superintendent, receive a written reason(s) for the contemplated discontinuance.

2. A teacher may elect to: (1) wait until the teacher receives a written notice of non-

renewal and then chose to exercise his rights under I.C. 20-6.1-4-14; or (2) elect to waive his statutory rights under I.C. 20-6.1-4-14 and request in writing to the office of the Superintendent within ten (10) calendar days of receipt of the written notice of contemplated discontinuance. The teacher shall have an opportunity to appear before the Board, prior to May 1, with a representative or counsel, if desired, to state his/her contention and answer charges, if any, all as otherwise contemplated in P.L. 110, section 6, of the Acts of 1978 (I.C. 20-6.1-4-14). The parties agree that the procedures and duties contained in this Article shall be exclusive and shall govern and fulfill any statutory duty of discussion, otherwise contemplated in Article VIII of

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this Agreement, in regard to the non-renewal of any regular teaching contract of an individual(s) non-tenure teacher. It is understood that neither this Article nor the actions of the Board in connection with such discontinuance of employment will be subject to the grievance procedure of this Agreement beyond Step Three of that procedure and that enforcement of this Article or review of such action of the Board shall be reviewable only by the courts of the State of Indiana.

ARTICLE VIII

COMMITTEES AND DISCUSSIONS A. Corporation-Wide Discussion. The School Corporation and the Association each

understand their mutual obligations under Public Law 217, to discuss and exchange points of view through meaningful input on matters set forth in Section 5 of Public Law 217 which were not bargained. To facilitate the Discussion Process, the parties agree:

1. Change in Policies and/or Procedures of the Vigo County School Corporation

Board of School Trustees. Before the Board finally adopts a change in policies or procedures which directly affects wage-related teacher fringe benefits or working conditions the Board will notify the Association that it is considering such a change.

If no such notice is given, the Association shall have ninety (90) calendar days

from the date the VCTA knew, or reasonably should have known, within which to file with the Superintendent a request for reconsideration and may, if it desires, initiate discussion on the previous Board action in accordance with the discussion provision of this contract. On or before the next scheduled Board meeting at which a quorum exists and at which the subject can legally be brought up for disposal, the Board shall in public session take up the subject and rescind, modify, ratify, or acquiesce in its previous action. If the VCTA files a request for reconsideration and the VCTA is of the opinion that the School Corporation did not comply with its discussion obligation, the VCTA then may file an unfair practice with the Indiana Education Employment Relations Board.

2. If a school administrator implements a change which is a Section 5 discussable

item under Public Law 217, the Association shall have ninety (90) calendar days from the date the VCTA knew, or reasonably should have known, within which to file with the respective administrator, a request for reconsideration and may, if it desires, initiate discussion on the previous action in accordance with the discussion provision of this contract. If the VCTA files a request for reconsideration and the VCTA is of the opinion that the School Corporation did

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not comply with its discussion obligation, the VCTA then may file an unfair practice with the Indiana Education Employment Relations Board.

3. Filing a request for reconsideration as specified above will be a pre-condition for

filing an unfair practice complaint before the Indiana Education Employment Relations Board which is the exclusive forum to enforce the discussion rights of this contract.

4. Requests for Discussion. Each party shall appoint, and notify the other of such

appointment, a discussion coordinator. All requests for statutory discussion on non-bargained subjects shall be made by one party to the other party's discussion coordinator, preferably in writing. The request for discussion shall include a list of the subjects desired to be discussed and name the requesting party's discussion team and its chairperson for those subjects; the other party shall respond likewise.

5. Time for Discussion. Discussion meetings shall be held at the minimum on the

first Wednesday of the month during the school year unless another day is mutually agreed upon.

6. Waiver. The Association, recognizing its obligations to bargain and discuss, and

not desiring to go through the process twice nor to undermine the discussion/negotiation process, will not use its rights to appear before the Board to raise matters then currently under negotiation or discussion directly with the Board, after the Board has designated its representatives who are authorized to act on such matters. In consideration of this waiver, the School Corporation agrees that it will not intentionally deadlock a matter in discussion or bargaining in order to prevent the VCTA from commenting upon public issues to the Board.

B. Building Discussions. 1. Building Discussions/Communication Committees. Effective with the start of the 1998-99 school year there will be a Building

Communication Committee in each school building. By mutual agreement of the VCTA President and the Superintendent, any of these Communication Committees may be empowered as a building level Discussion Committee.

During the fall of the 1998-99 school year the VCTA and the School Corporation

did conduct joint training of the Communication Committees for preparation of these Committees to assume the role of building level Discussion Committees as of January 1, 1999. The parties agreed that if either party desires additional training it will occur in the future.

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Effective as of January 1, 1999, unless designated by the VCTA President and the Superintendent to function at an earlier date, all of the building level Communication Committees will become a building level Discussion Committee and will serve to meet the VCTA and School Corporation’s mutual obligation to discuss building level matters.

The VCTA will have the right to appoint all members to this Committee whether it

is a Communication Committee or a Discussion Committee. The principal will represent the School Corporation, in addition to any other building administrator the principal may add, to represent the School Corporation. The Building Discussion or Building Communication Committee will meet, at least, monthly during the school year unless there is mutual agreement not to do so.

The VCTA and the Superintendent will meet to review this building level process

each summer. On mutual agreement between the VCTA President and the Superintendent, any building level Discussion Committee may at any time be designated as a Communication Committee for a defined period of time or until those two individuals mutually agree that the Communication Committee can resume a discussion role in the future. A building level Communication Committee does not meet the parties’ obligation of discussion under Public Law 217.

2. If a school administrator implements a change which is a Section 5 discussable

item under Public Law 217, the Association shall have ninety (90) calendar days from the date the VCTA knew, or reasonably should have known, within which to file with the respective administrator, a request for reconsideration and may, if it desires, initiate discussion on the previous action in accordance with the discussion provision of this contract. If the VCTA files a request for reconsideration and the VCTA is of the opinion that the School Corporation did not comply with its discussion obligation, the VCTA then may file an unfair practice with the Indiana Education Employment Relations Board.

3. Filing a request for reconsideration as specified above will be a pre-condition for

filing an unfair practice complaint before the Indiana Education Employment Relations Board which is the exclusive forum to enforce the discussion rights of this contract.

C. Committee Member Appointments. 1. The VCTA has the right to appoint teachers to the committees which are the sole

instrumentality of input upon subjects of discussion (Section 5 of Public Law 217). Building level committees will be addressed at the building level between the VCTA and the School Corporation.

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2. Teachers may be assigned by the School Corporation to committees which meet within the teacher work day and/or contractual meeting time.

3. Teachers may be requested by the School Corporation to serve on corporation-

wide and building level committees which meet outside the work day and meeting times. Acceptance of such appointment shall be voluntary, but it is understood that if a teacher accepts such appointment, the teacher will serve. Teachers volunteering shall complete the "Committee Volunteer Form" (Appendix E).

ARTICLE IX

TEACHER'S AUTHORITY AND RESPONSIBILITY A. Assault on Teacher. Any case of assault and/or battery upon a teacher during the

scope of his/her school duties or related school activities shall be reported immediately to the principal and the teacher shall provide a written report as soon as practical. The principal shall promptly submit a report to the Superintendent and update the teacher concerning the School Corporation's response to the assault. Upon written request to the Superintendent, a teacher may arrange a conference with the Board's attorney, at Board expense, to discuss the legal situation surrounding such an assault or battery.

B. Paid Leave. Except in matters arising under Public Law 217, or where the teacher is a

plaintiff in an action, time for appearances before a judicial body or legal authority, as a result of a lawsuit while said teacher was acting in good faith and within the scope of his/her employment for the Vigo County School Corporation, shall result in no loss of wages or deduction in accumulated and/or current leaves.

C. Observation of Teacher's Class. Observation in a teacher's class by persons other than

school personnel shall be allowed only with the consent of the building administrator and teacher involved, provided the teacher involved is given notice at a minimum on the prior teacher work day. If the observation request notice to the teacher is given at a time which provides for less than twenty-four (24) hours notice, the teacher may request and be provided a full twenty-four (24) hours notice. If requested by either the teacher or the building administrator, a conference shall be held prior to such observation. If in the opinion of the building administrator such observation would be disruptive to the educational process, he/she may deny observation. An administrator may be present during such observation and, if requested by the teacher involved, an administrator shall be present during such observation.

D. Representation. When discussions of complaints by individuals or groups require the

attendance of individual teachers, the principal or his/her designee will also be in

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attendance if requested by the teacher or deemed necessary by the principal. In addition, the teacher may have a representative of his/her choice present.

E. Privacy of Criticism. Teachers shall not be reprimanded or rebuked by supervisors in

the presence of students, other teachers, members of non-teaching staff, parents, or patrons.

F. Student Behavior. The parties agree that any teacher shall be authorized to take any

action in connection with student behavior reasonably desirable or necessary to help any student, to further the school purposes, or to prevent an interference therewith. Such action must be in accordance with Board policy and individual building rules and practices and may include:

1. Counseling with a student or group of students. 2. Conferencing with a parent or group of parents. 3. Assigning students additional work. 4. Requiring a student to remain in school after regular school hours to do

additional school work or for counseling. 5. Administering corporal punishment. 6. Suspending a student for up to, but no more than, one (1) day from the

educational function of which the teacher is then in charge. In the event of such suspension, the teacher must at least orally present the student the reasons for the suspension and then send the student to the office of the building principal, or to the office of the building principal's designee, for appropriate action. The teacher will inform the appropriate staff person of his/her prior efforts to correct the student behavior subsequent to the exclusion. When a teacher has suspended a student from class or when a principal denies a student the right to attend school, a particular class, or to take part in a school function, the principal, or designee, will tell each involved teacher who inquires of him/her what corrective actions were taken or are contemplated to be taken.

G. Discussion of Student Discipline. The parties recognize: (1) that an individual teacher

may have a direct interest in the discipline of a specific student(s), particularly when physical violence or threat thereof was involved, (2) that a number of teachers may have an immediate concern about the implementation of student discipline in a particular building, and (3) that in such situations anonymity may sometimes be appropriate and time is usually of the essence. Accordingly, the School Corporation through its Superintendent, or his/her designee if necessary, agrees to meet with the

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Association in such instances for the purpose of discussion no later than the next working day after notice by the Association of such a situation, notwithstanding the regular provisions of Article VI of this Agreement which would remain available for discussion of less urgent areas regarding student discipline.

Commencing with the 2002-2003 school year each principal in every elementary school

will schedule at the first discussion meeting in their building a schedule to discuss elementary discipline thoroughly in the fall of the 2002-2003 school year. Any expectations of students and standards developed for this process will be shared with the entire building faculty.

H. Special Teacher Student Discipline. Teachers of special areas, elementary art, music,

and physical education, shall have the responsibility for the students during the lesson and shall not send students back to the classroom for discipline. Teachers of regular classrooms shall not deny students attendance in regularly scheduled special area classes. It is understood that this section is not subject to the grievance procedure unless the administrator in charge of the building at the time is informed of and permits such prohibited practice.

I. Legal Counsel. When a teacher is made a defendant, by a parent or student, in a court

action arising while the teacher was acting properly within the scope of his or her duties as such, the Board will assure the teacher legal counsel against claims of bodily injury, property damage, personal injury, federal or state law deprivation claims, constitution deprivation claims, and educational negligence claims.

J. Teacher Protection. Every effort will be made to provide firm, fair and consistent

student discipline support to teachers.

No action against a teacher shall be taken on the basis of a complaint by a parent or a student unless a complete investigation proves such complaint to be valid. Teachers shall be notified of any investigation concerning a student or parent complaint when such investigation involves the solicitation of statements from an individual other than the administrative staff of the School Corporation relating to the normal classroom management and/or the instructional or other duties of the teacher.

The School Corporation will be vigorous in its protection of all teachers from physical abuse.

Any teacher who is threatened with harm is to notify the building administrator as soon as possible and steps shall be taken to protect the teacher's safety.

The School Corporation will provide liability protection within the authority granted it by the Indiana General Assembly. Present authority is generally known as "save harmless insurance" and protects the teacher from personal liability loss when

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conducting the responsibilities of his/her teaching role with normal care and consideration.

It is specifically understood that no grievance on this section may be processed beyond Step Four of the Grievance Procedure.

K. Fair Practices. No teacher shall be discriminated against or coerced for having

exercised any of the rights or privileges granted under this Agreement.

ARTICLE X

TEACHING CONDITIONS A. Preparation/planning time is intended to provide the teacher with time to prepare

lessons, prepare teaching aid materials, grade papers, keep school records, and related matters. A minimum amount of preparation/planning time shall be provided as follows:

1. Each full-time elementary teacher, including special area and special

education teachers, shall have a minimum of ninety (90) minutes scheduled weekly for the purpose of preparation/planning time, exclusive of any travel time or any time after the pupil day. The School Corporation, through its Superintendent and the VCTA agree to establish an Elementary Preparation Task Force to study the current scheduling in the elementary schools and any innovative ideas which will increase the amount of elementary preparation time.

2. Each full-time classroom secondary teacher above the fifth grade,

including special education teachers, shall be scheduled a period of time each day for preparation which equals the length of a normal class period in that school. Such period of time shall be either a consecutive period of time, or if divided, shall be divided in segments of not less than twenty-five (25) minutes. This standard does not apply to deans, counselors, and the media specialists, whose activities are not assigned by class schedules and whose time is flexibly arranged to provide for preparation.

3. Preparation/planning time for part-time teachers is proportionate and is

accounted for in part-time teacher pay as provided for in Article XXII, Section A-9.

B. High School and Middle School Teaching Schedules. Middle school and senior high

school teachers should have no more than three (3) preparations a day. Half-time teachers shall have no more than two (2) preparations a day. Teaching a regular and an academic/accelerated course of the same subject matter shall not be considered a

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separate preparation, but a basic-remedial course would be considered a separate preparation. Effective with the 1999-2000 school year, courses designated by the School Corporation as Advanced Placement will be considered as a separate preparation. A non-graded class will be considered to be one preparation. Courses which are continuous/graduated in nature will not be considered as separate preparations when taught at the third or fourth year level. This paragraph does not apply to teachers of special education nor to teachers at the alternative school. This section may only be grieved by the individual teacher(s) who claims over-assignment under this section.

C. Teaching Certificates. If a teacher does not have a valid teaching certificate on file with

the Corporation, or a verification on file that an application has been made for such certificate, the continuing contract is void.

D. Parent Conferences. Parent conferences shall be held so as not to interfere with

instructional time. Preferred times for individual parental conferences shall be during parent conference days. Should it be necessary for a teacher to have a parent conference outside of such times, the teacher may arrange a mutually agreeable time directly with the parent or may have the building administration make such arrangements, and, in either event, the teacher need not agree to have the parent conference within forty-eight (48) hours. This section is not intended to interfere with situations governed by Section C of Article IX of this contract.

E. Medical Examinations. Except as may relate to new teachers, any medical examination

or x-rays required by the School Corporation shall be paid for by the School Corporation, but, in such event, the School Corporation may select the examining medical personnel or facility.

F. Classroom Physical Environment. It is recognized that effective instruction depends,

among other things, upon reasonable climatic conditions in the classroom, and it is also recognized that a school cannot or should not always be closed due to adverse classroom climatic conditions.

If it is the teacher's opinion that adverse climatic conditions exist in the classroom, the teacher should notify the principal of that opinion. If the principal concurs that an adverse climatic condition does exist in the classroom, the teacher will not be expected to maintain regular classroom instruction and other arrangements shall be made. It shall be the duty of the earliest arriving custodian at each building who determines that a serious heating problem exists to immediately notify the designated administrator; if that administrator is of the opinion that a majority of the rooms cannot be brought up to fifty-five degree Fahrenheit (55F) by 7:45 a.m., he/she shall notify the

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Superintendent or his/her designee who shall make the determination of whether the school should be closed.

G. Art and Music Instruction. As a part of its on-going recognition of the need for an

appropriate environment for conducting art and music classes, the School Corporation shall make every reasonable effort to provide a room at each elementary site for music and art instruction. When an elementary art or music teacher is being considered for displacement from their assigned room during the school year, the School Corporation will invoke the discussion process at the building level with a Discussion Committee. Both parties agree to facilitate such discussion within 48 hours from the notice of the need for displacement. If the School Corporation is aware of the necessity to displace any elementary art and/or music teacher in an upcoming year, the Vigo County School Corporation will raise the issue with the Vigo County Teachers Association at the District Discussion table. If an elementary art and/or music teacher is displaced during the school year, that teacher will be afforded the same rights as an involuntary transfer teacher as defined in Article XIII, G.

H. Child Care Facility Study Committee. The School Corporation and the VCTA agree to

reestablish a child care facility study committee to study and review child care services within the School Corporation for school employees’ dependent children. This study will include the consideration of a review of the current services to determine whether it should be cancelled, continued, modified, and/or expanded. The committee will be established by mutual agreement of the Superintendent and the VCTA President. The committee will complete its study and provide a report to the Superintendent and VCTA President by March 30, 2003.

I. Telephones. A telephone shall be placed in the teacher lounge (or similarly appropriate

location) for use by teachers.

ARTICLE XI

DAYS AND HOURS A. Days. The normal teaching contract year shall consist of one hundred eighty-two (182)

contract days, subject to the following: 1. Not more than an equivalent of one hundred eighty (180) student days. 2. The calendar shall consist of a minimum of one hundred eighty (180)

instructional days which shall consist of no less than five (5) hours of instructional time in grades one (1) through five (5), and six (6) hours in grades six (6) through twelve (12).

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3. Not less than an equivalent of two (2) teacher days when the teachers are in attendance but students are not.

4. In computing "student days" and "teacher days," one-half days may be added to

equal a full day. 5. The calendar shall be developed so that teacher contract days will not be

scheduled on the following days: Labor Day, the second or third consecutive Thursday and Friday or either the Friday and Monday bracketing, the second or third weekend in October, Thanksgiving and the day after, Christmas Eve, Christmas day, New Year's Eve and New Year's day. This list does not preclude the calendar committee from suggesting additional days in response to the needs and/or concerns of various community groups, subject to adoption by the Board.

6. The first teacher contract day shall be a full day with no students in attendance.

Each building schedule for that day shall provide for no less than three (3) hours of teacher preparation.

7. The Board may offer teachers extended contracts to work an additional number

of days or stipends to perform extra responsibilities as set forth in the Appendices to this contract. If, in the opinion of the Board, and after discussion with the VCTA, additional positions should be created during this contract, it may do so and may establish the compensation therefor, pursuant to Article VIII of this contract; the compensation for such additional positions will then become subject to negotiations at the time a new contract is negotiated.

8. If on any scheduled student day during the term of a teacher's contract, the

school system is closed to the students by order of the School Corporation, and through no fault of the teacher(s) or the Association, the teachers need not report to work and shall receive their regular salary during such time the schools are closed. However, whenever a canceled student instruction day is rescheduled to comply with state law, such days shall be made up pursuant to the requirements of state law.

B. Hours: 1. Elementary - The teacher day for regular and special area elementary teachers

shall be scheduled to begin between 7:45 a.m. and 8:15 a.m. The student day shall commence no more than thirty (30) minutes after the start of the teaching day. The end of the teaching day shall be seven (7) hours and fifteen (15) minutes from the designated starting time each day, with the exception of Fridays and the days preceding holidays. On those days, elementary teachers may

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leave after the pupils have left the building. The start of the teaching day for special education teachers may be adjusted beyond these times, but the teaching day shall not exceed seven (7) hours and fifteen (15) minutes.

2. Middle School and Senior High - The normal teaching day for middle school and

senior high teachers shall be scheduled to begin no earlier than 7:30 a.m. The normal teaching day for teachers at regular middle school and senior high schools shall be seven (7) hours and twenty-five (25) minutes each day, with the exception of Fridays and the days preceding holidays. On those days, middle school and senior high teachers may leave after the pupils are dismissed unless they have an after school assignment.

3. Teachers shall be provided at least thirty (30) continuous minutes for lunch time

between the hours of 10:00 a.m. and 2:00 p.m., free of professional duties other than in loco parentis responsibilities. Teachers leaving the building may be required to sign in/out. Teachers may normally leave the school grounds during the thirty (30) minute or more unassigned duty time, but may be required by the school principal to remain if emergency circumstances so warrant.

4. Extra Class Periods. It is understood that it may become desirable to add extra

class periods before or after the normal teacher day. Under such conditions, it is agreed that the discussion process will be implemented to allow for the extended day. The teaching day for teachers agreeing to participate in an extended day program shall not exceed seven (7) hours and twenty-five (25) minutes, without additional compensation in accordance with the equation contained in Article XXII, Section A-9.

C. Faculty and Curriculum Meetings. 1. Regular, general faculty meetings and curriculum meetings held in individual

buildings at the middle school and senior high level may be scheduled before or extend beyond the regular teacher day, but teachers shall not be required to attend such meetings outside the regular teaching day beyond ninety (90) minutes per month, or no more than sixty (60) minutes per meeting. Effective January 1, 1999, and at the start of each school year thereafter, the school building principal will discuss the structure and scheduling of these meetings with the Building Discussion Committee.

2. At the elementary level, scheduled faculty or curriculum meetings in the

individual buildings, which extend beyond the regular teacher day, shall not exceed ninety (90) minutes per month or no more than sixty (60) minutes per meeting. Effective January 1, 1999, and at the start of each school year

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thereafter, the school building principal will discuss the structure and scheduling of these meetings with the Building Discussion Committee.

For the purpose of computing time, such meetings are deemed to commence fifteen (15) minutes after pupil dismissal and shall not extend more than sixty (60) minutes from such time. Teachers will normally be notified of such meetings at least three (3) days prior to the scheduled time.

This section shall not be interpreted to limit curriculum development meetings when faculty and principals are mutually supportive of such efforts.

3. Meetings which involve elementary and/or secondary teachers from different

buildings and which extend beyond the regular teacher day shall not exceed sixty (60) minutes per month nor an aggregate of six hours per school year for any one teacher. The scheduling restrictions provided in subsections 3 and 4 above are not applicable to meetings for teachers from more than one building.

D. Delay of School. When the School Corporation announces a delayed opening of school

due to an emergency, inclement weather, or other unforeseen circumstance, teachers, due to safety concerns, may delay their arrival by the same number of minutes. No teacher shall be reprimanded or disciplined, charged leave or docked pay for delaying his or her arrival up to the time of delayed opening for students on a late starting day due to safety concerns. The VCTA and the VCSC urges teachers to not delay their arrival when safety is not a concern.

E. Additional Responsibilities. Attendance at P.T.A. and P.T.O. meetings is encouraged

by the Association and the Board, but attendance at any P.T.A. or P.T.O. meeting is not required and shall not be a negative factor in evaluation. This section does not apply to the traditional programs such as, but not necessarily limited to, graduating exercises, honor student awards, Open House for which teacher attendance may be required as a part of regular school duty on regular school days.

ARTICLE XII

SPECIAL EDUCATION A. Case Conference Coordinator. The Vigo County School Corporation will designate

case conference coordinators whose duties and responsibilities will be governed by State and/or Federal adopted rules and regulations. A list of these coordinators shall be provided to the Association by September 15 of each year.

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B. Case Conferences and Annual Reviews.

1. It is recognized that special education teachers must conduct case reviews outside regular school hours. To aid the special education teacher in conducting such reviews, the School Corporation agrees to provide annually at least one (1) hour without student responsibility for each special education student in a special education teacher's case load up to a maximum of three (3) days. This non-student time shall be used for the purpose of preparing proposed IEPs and otherwise preparing for annual case reviews.

2. At the elementary level, case conferences or reviews will generally be scheduled

before or after the pupil day. If such conferences extend the teacher day, then teachers involved shall be granted compensatory time either on that day or another day(s) after the pupil day.

3. When case conferences or reviews are scheduled during a teacher's preparation

period, then the teacher need not agree to schedule such a meeting on less than twenty-four (24) hours notice.

4. When case conferences are scheduled outside the school day, the teacher need

not agree to schedule such a meeting on less than forty-eight (48) hours notice. 5. A case conference will not exceed a teacher's work day by more than one hour

except by the teacher's consent. 6. When teachers are required to remain in attendance at a case conference

beyond the teacher's planning period, the administrator of the building will be responsible for assigning a person to supervise the teacher's class. No classroom teacher will be assigned such assignments during the teacher's preparation period more than three times per month except by the teacher's consent.

7. Dissenting opinions to the outcome of a case conference will be attached to the

case conference forms. A copy of the dissenting opinion and a letter indicating the disposition recommended by the director of special education will be mailed to the person filing the dissenting opinion, the case conference coordinator, and the special education teacher of record.

C. Access to IEP. Following the case conference and the receipt of a parent's signature

authorizing special education placement, each teacher who has an individual student placed in his/her classroom shall have made available a copy of the individual student's IEP prior to placement in the teacher's classroom.

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D. Student Placement.

1. Students will not be placed in special education classrooms without a case conference, appropriate IEP, Section 504 determination, and written parent permission to place. The special education teacher of record will receive twenty-four (24) hours notice prior to the student's placement if he/she was not a member of the placement conference or has not had the opportunity to review the IEP.

2. When a student enrolls in school directly from a long-term residential facility, the

receiving special education teacher of record will receive one-half (½) day release time, upon request, prior to the case conference to meet with appropriate special education staff and/or review records. This does not apply to short-term hospitalizations of less than three (3) months.

E. General Education Consultation. Up to two (2) hours, at the summer curriculum

development rate according to Article XXII, Section A-8, per teacher per year, beyond the teacher day, shall be allowed for teachers who receive special education students into their regular education classes. The time, at the regular education teacher's request, shall be used to provide such teacher with information necessary to provide special education students with appropriate services in the mainstream environment. Minutes of these meetings shall be taken by the teachers involved and shall be added to the student's study folder so that they may be available to any teacher who works with the student.

Each special education teacher shall be allowed up to six (6) hours per year at the rate above to participate in such meetings. Arrangements shall be made in advance through the building administrator or designee.

F. Right to Staffing.

A staffing will be scheduled upon the recommendation of the special education teacher of record when that teacher concludes information regarding the student's potential for explosive behavior has been demonstrated and documented in the past. Such staffing may be scheduled outside the school day and will include only staff having direct contact with the student, and will be voluntary for the teachers.

G. High School Special Education Scheduling.

The case conference coordinators will work with the high school building administrator to coordinate high school special education scheduling. If a middle school or high school special education teacher claims excessive preparations, that special education teacher may request a review by the building principal and a special education administrator.

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H. Special Education Discussion Subcommittee.

A special subcommittee of a corporation discussion process was created in the 1998-99 school year and shall be maintained. The School Corporation representatives in that subcommittee discussion process may include administrators coming from the Covered Bridge Special Education District.

This subcommittee will study and assess those areas in which the resources and the time of the teachers have received the greatest impact. The subcommittee will attempt to develop means to reduce such growing pressures including methods which may have the least fiscal impact.

Additionally, the subcommittee will make whatever other recommendations they feel necessary to the VCTA and the VCSC.

ARTICLE XIII

ASSIGNMENT AND TRANSFER PROCEDURES A. Employment Intention Forms. The School Corporation will distribute employment

intention forms each year between February and April to all active teachers. Teachers on leave of absence shall receive communication from the Office of Human Resources prior to the close of the school year. The purpose of this communication is to reaffirm to the Office of Human Resources the previously stated intentions of the teacher on leave, or to notify the Office of Human Resources of the teacher's intention at the close of the designated leave period.

B. Vacancy Defined. 1. Elementary: A vacancy shall be an elementary position in the bargaining unit

vacant as a result of the following: a. Teacher contract non-renewal, teacher contract cancellation, retirement or

resignation b. Involuntary transfer; c. A leave of absence which results in a position being posted pursuant to

Article XVII, Section A-5;

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d. The position left open after voluntary reassignments of teachers in that school have been made;

e. a newly created position in a building (unless occasioned by a change in

grade configuration), or a newly created position in the Corporation. 2. High School and Middle School: A vacancy shall be a secondary position in the

bargaining unit as a result of the following: a. Teacher contract non-renewal, teacher contract cancellation, retirement or

resignation; b. Involuntary transfer;

c. A leave of absence which results in a position being posted pursuant to

Article XVII, Section A-5; d. The position vacant after all voluntary reassignments for teachers have

been made within that department; "department" includes any teacher who has taught at least one (1) class in that department;

e. A new position whose title or duties have been newly created in the

building and which causes an addition to the manning table for the building.

3. Teacher on Leave: If a teacher on leave is a successful bidder for a position

which must be filled before the teacher's intended time of return, it is understood that the teacher's former position need not be posted until the following school year. It is further understood that the position for which the teacher successfully bid would be filled by a temporary contract or substitute teacher for the balance of the bidding teacher's leave.

C. Posting Vacancies. Within two (2) weeks after a vacancy becomes known in writing to

the Office of Human Resources, a posting notice listing the vacancy(ies) shall be posted in all schools and in the Administration Building. A copy of the posting notice shall be delivered to the Association office. Such postings shall have a closing period of not less than one (1) week from the date of such posting. Between July 15 and April 15, the one (1) week posting period may be reduced to a period of not less than five (5) calendar days.

The Office of Human Resources need not post vacancies which occur within two (2) weeks prior to or within two (2) weeks following the first teacher day of the school year. Teachers willing to accept transfers during this period will be expected to file a contingency transfer application (PF-61) by August 1 of each year. Confidentiality of

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contingency transfer applications (PF-61) shall be maintained. A separate form must be submitted for each school to which the teacher is willing to transfer. Applicants will receive consideration according to the criteria contained in Section F of this Article. Failure to accept such a transfer when offered will remove the teacher from any other transfer consideration during the non-posting period defined above.

It is realized that transfer requests made in response to vacancies that occur later in the school year may create a more significant disruption to the educational program if such requests are granted prior to the close of the school year. Therefore, the Office of Human Resources may delay the change of assignment of the designated teacher until the following school year; the vacancy may be filled with a substitute or temporary contract teacher in the interim.

The assignment of an individual to any such vacancy shall be information made available to the Association; to facilitate the obtaining of this information, the Director of Human Resources will, at least monthly, send a list of such position assignments to the Association office, but without contractual obligation to do so.

D. Request for Transfer to Vacancy. A teacher who desires a transfer to any vacancy

should file a transfer form with the Director of Human Resources within the posting period. If the teacher desires a written receipt, a self-addressed and stamped envelope should be attached to the transfer form.

E. Disposition of Transfer Request. No assignment of new teachers to a specific teaching

position in the school system shall be made until all pending requests for transfer to that position have been acted upon. The Director of Human Resources shall give notice in writing to each teacher, who submitted a timely transfer request, as to whether the requested transfer has been granted or not granted.

F. Criteria for Transfer. The transfer of a teacher will be made on the following basis: A teacher requesting transfer is currently employed in a position to which the

teacher had been involuntarily transferred. Seniority. Teacher's certification and areas of Vigo County School Corporation experience.

Transfer applicants will be considered in the order of their seniority. When a teacher is chosen for a reason other than seniority, the reasons for the choice must be presented to the Office of Human Resources and must be based upon one or more of the criteria listed above.

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These criteria shall apply to all teachers including current non-athletic extended year contracted teachers, but may be waived in subsequent hiring of non-athletic extended year contract positions.

G. Involuntary Transfer. An involuntary transfer to another school will be made only after

a conference between the teacher involved and the Superintendent or his/her designated representative, at which time the teacher will be notified of the reason for the contemplated transfer. At said conference, or a continuation of such conference, the teacher involved may have an opportunity to discuss the transfer including the availability of other teaching positions, or alternatives to the representative present at the request of the teacher.

When the involuntary transfer is caused by declining enrollment, the

teacher transferred shall be the teacher with the least seniority then in that department; in secondary, subject area departments; in elementary, department means first through fifth grade (provided the teacher is appropriately licensed for the designated assignments), kindergarten, art, music, physical education, library, special education, and counseling. Placements for involuntarily transferred teachers, due to a reduction in teaching positions, shall be made prior to the posting of vacancies. Additionally, when a teacher is subject to an involuntary transfer, due to a reduction in teaching positions, and there is more than one vacant position in the teacher’s licensure area, the displaced teacher shall be allowed to choose the assignment. If in these circumstances there is more than one teacher subject to an involuntary transfer in the same licensure area, the most senior teacher shall choose the assignment of his or her choice with subsequent selections being made in seniority order.

If the involuntary transfer occurs on or after the first student day of a new semester, the transferred teacher shall be allowed two (2) school days notice, with a substitute provided for one (1) of those days in order that the transferee may prepare for the new assignment. For those teachers who have been involuntarily transferred after the start of the 2002-2003 school year, such right to return based upon their prior involuntary transfer is limited to a five (5) year period following the date of the involuntary transfer.

H. Extracurricular Assignment. Extracurricular activities for which additional pay is

compensated, other than coaching assignments, shall be assigned by mutual agreement between the teacher and the administrative representative.

I. Temporary Administrator Pay. When a classroom teacher is assigned and accepts the

full duties of an administrator who is absent from his/her building, the classroom teacher may apply for and receive compensation at the rate of ten percent (10%) above that

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classroom teacher's per diem. A substitute teacher will be hired to replace the classroom teacher so acting as an administrator.

J. Reassignment Based on Grade Level Redistribution. In the event that the Corporation

changes the grade level composition of the schools, reassignment of staff shall be discussed.

K. Postings. All openings for itinerant teachers shall be posted by current building

assignment with the exception noted in Section C of this Article concerning the non-posting period. However, such posting does not preclude the adjustment of such building assignment due to the shifts in student population.

L. Building Closing. In the event of a school building closing, the following procedures

shall be implemented:

1. Elementary

(a) All kindergarten through sixth grade openings that arise in the year prior to the building closing will be offered to that building’s teachers in seniority order. If no interest is shown, the opening(s) will be kept until June 1 of the closing year.

(b) All anticipated kindergarten through sixth grade openings for the school

year subsequent to the closing will be held until June 1 of that year. At that time, a list will be made of all available openings.

(i) A meeting of the closing school staff will be held on or about June

1. The compiled list of openings will be presented to each staff person. Each teacher present, in Corporation seniority order, will be allowed to choose his or her assignment for the subsequent school year.

(ii) At the June 1 meeting, the displaced teachers at the closing school

may opt to pass on an assignment from the prepared School Corporation list on the assumption that retirees yet to be identified and other elementary staff who would leave the School Corporation will create openings that are more desirable to them. Such teachers taking this option will have no special rights granted then and would face an involuntary assignment in August if they are not identified for a subsequent opening.

(c) Displaced teachers from the closing school who do not have regular

classroom assignments such as media specialists, counselors, etc., will be provided the opportunity to transfer to the same assignment at a different

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site. However, no first-year teacher is allowed to supercede the seniority process.

2. Middle School and High School. Closing procedures for secondary schools shall

be developed by mutual agreement between the Association and the Administration, if the need arises. Such agreement shall contain the same basic procedures and practices as the Elementary provisions above.

ARTICLE XIV

SUMMER SCHOOL/CREDIT ADULT EDUCATION A. Compensation. Courses taught in Summer School and Credit Adult Education for

academic credit shall be compensated for in accordance with the rules governing the determination of an hourly rate pursuant to a supplemental teaching contract, to-wit:

Current Regular Schedule = Hourly Rate

Total Compensable Days x 6 Hours

Except where state law or regulation mandates some other compensation, non-credit courses taught in adult education will be compensated at the curriculum rate.

B. Summer School and Credit Adult Education Assignment. Instructors for Summer

School and Credit Adult Education shall be selected in accordance with the following rules, the intention of which is to fairly distribute such Summer School and Credit Adult Education employment to teachers desiring such employment. Teachers shall be assigned, by mutual agreement with the teacher, from the highest position on a rotation list(s) which shall operate as follows:

1. There shall be established, to be amended from year to year each spring, by and

through the distribution of summer school applications, a seniority-based rotation list.

2. The original list will be established in the order of teacher seniority or by the date

of the return of the request form in the event of equal seniority.

3. A teacher may have his/her name on as many rotation list(s) as credentials allow. 4. A teacher(s) who accepts a position to teach such Summer School and Credit

Adult Education shall have his/her name thereupon placed at the bottom of the specific Summer School and Credit Adult Education rotation list in their relative seniority order among such teachers being so placed.

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5. (i) Teachers desiring to have their names placed on a rotation list, from year to year pursuant to the request forms, shall be placed on said list, at the bottom thereof, in their relative seniority order, but after names of any teachers who taught in the summer prior thereto.

(ii) Driver’s Education. When or if driver’s education is offered in summer

school, a rotating seniority list will be utilized for staffing at their daily rate.

6. A teacher offered such employment may elect to not accept such assignment, but if such teacher passes such offered employment, then his/her name shall be treated as if said teacher had accepted the assignment and, accordingly, be dropped to the bottom of the rotation list in accordance with these rules.

7. In the event no teacher on the relevant rotation list desires an assignment, the

School Corporation may obtain a teacher therefor, from within or without the Corporation, without limitation.

8. Any teacher electing to go on such rotation list must be certified in the subject

matter to be taught. C. Elementary Summer School.

Assignment for elementary summer school will be made according to a seniority based rotation system. A single seniority list of all applicants will be compiled. Assignments will be made to those at the top of the list to a point equal to the number of teaching positions available. Teachers will be eligible for assignment in any and all areas in which they are certified. Assignments will be made by mutual agreement; but, lacking mutual agreement, the Administration's right to assign will prevail.

Those who do not have sufficient seniority to receive an assignment will be carried forward as a waiting list for the next summer. They will have priority for future summer assignments. Those who taught and those who declined a summer teaching offer will be listed (in seniority order) after those on the waiting list in subsequent summers if they apply. New applicants will be listed (in seniority order) after those from the waiting list and those who taught or declined.

D. Middle School Summer School.

Appropriately certified elementary and secondary teachers may apply for middle school summer school positions. A single seniority list of all applicants will be compiled. Assignments will be made to those at the top of the list to a point equal to the number of teaching positions available. Teachers will be eligible for assignment in any and all

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areas in which they are certified. Assignments will be made by mutual agreement; but lacking mutual agreement, the Administration's right to assign will prevail.

E. High School Summer School.

(1) Seniority/Certification Lists. Teachers with appropriate certification may apply for high school summer school positions. Seniority lists will be compiled in each area of certification to be offered in summer school. Assignments will be made to those at the top of each list to a point equal to the number of teaching positions available. Teachers will be eligible for assignment in any and all areas in which they are certified.

F. Seniority/Certification Lists. Teachers with appropriate certification may apply for

positions. Seniority lists will be compiled in each subject area of certification to be offered in Credit Adult Education. Assignments will be made to those at the top of the list to a point equal to the number of teaching positions available. Teachers will be eligible for assignment in any and all areas in which they are certified.

G. Summer Jump Start Program. Teaching positions in the Jump Start Program will be

posted. Seniority lists will be developed for the following levels for which the teacher had taught the previous school year:

Elementary Middle School High School Assignments will be first made by a seniority based rotation system within each of the

above-defined levels. If a Jump Start Program cannot be filled on a seniority based rotation within each level then the School Corporation will assign the position to any teacher within the other levels who did not receive an assignment within their level and are properly certified for the position.

H. Summer School Grant Programs.

Summer school programs funded by special grant programs will be staffed without regard for seniority. Staff selection will be proposed by the grant writer, subject to the approval of the Superintendent (or designee) and the Association President (or designee). Lacking mutual agreement, the Administration's right of assignment will prevail.

I. Notification. Teachers shall be notified of their Summer School assignments no later

than the close of the school year, to the extent feasible. Notification for Credit Adult Education assignment shall be made as close to the beginning of the school year as possible.

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J. Scope. This Article shall not apply to employment for non-credit classes or compensation therefor.

K. Thirty Minutes Non-Instructional Time. Each summer school teacher shall be provided

and compensated for a total of 30 minutes of non-instructional time daily. However, from time to time, each teacher will be required to use such non-instructional time to provide supervision. Supervision duties shall be assigned on a rotating basis.

L. Observations. Administrative observations during summer school shall be used for the

purposes of enhancing teacher effectiveness. M. Summer School Pay Schedule. Summer school salary shall be in two (2) payments.

Summer school pay will be issued on the established 26 pay schedule dates. If a teacher is on 26 pays, the summer school pay will be included in the teacher's regular check. If a teacher is on a 21 pay schedule option there will be a separate check on the established pay dates. The first pay shall be made the payday on or following the mid-term of the summer session. The last pay shall be issued on the payday of the full pay period following the end of the summer session. This does not preclude summer school teachers from taking the option found in Article XXII, Compensation, Section A-3.

ARTICLE XV

LAYOFF - RECALL A. Application. It is recognized that it is within the discretion of the Board to adjust the

educational program, curriculum, and staff. This Article applies solely to regular contracted teachers whose employment would have been continued except for the reduction of teaching staff.

B. Teacher Rights. The parties understand that in the event of a layoff, the teacher(s)

affected retain all of their statutory rights, which are enforceable by law, but are not enforceable pursuant to the Grievance Procedure of this contract. Such rights include the progressive right to retain employment as a non-permanent, semi-permanent, or permanent teacher, and the attendant rights to notice, statement of reasons and a hearing or conference before the School Board, as set forth in Chapter 20 of the Indiana Code.

C. Layoff Seniority. "Seniority" or "senior teacher" as used in this Article (Article II, Section

B-5, notwithstanding) shall be determined as follows: 1. The number of years employed as a regular contract teacher with this school

corporation shall determine seniority. A "year employed" means 120 days minimum in a school year. [Teachers who are at the time of determining

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seniority employed by the Vigo County School Corporation, who previously held a regular contract(s) with the Covered Bridge Special Education District shall also have such years credited to determine "seniority" under this Article, limited to the extent that the teacher's legal status as a non-permanent, semi-permanent, or permanent teacher with the Vigo County School Corporation is not affected to the detriment of any other teacher's status as a semi-permanent or permanent teacher with the Vigo County School Corporation.]

2. In the event (1) does not control, then the length of employment as a teacher on

temporary contract with this school corporation (but not including substitute teaching), shall determine seniority.

3. In the event neither (1) or (2) control, then the date on which the School Board

approved the personnel report employing the teacher shall determine seniority. 4. In the event neither (1), (2) or (3) control, then the length of employment as a

teacher in another school corporation(s) shall determine seniority. 5. In the event neither (1), (2), (3) or (4) control, seniority shall be determined by lot. 6. As to all of the above; a. "Number of years employed" includes time employed as a school

administrator, or in the Alternative School, with this school corporation. b. Leaves of absence count toward seniority. c. Seniority shall not apply to extended contracts so as to establish or

disestablish seniority as used in this Article. d. Seniority will accrue on a pro rata basis for regular contract part-time

teaching, but not so as to interfere with that teacher's rights as a semi-permanent or permanent teacher.

D. Seniority List. One corporation-wide seniority list will be published by March 1, 1999,

and between January 1 and February 1 of each succeeding year. The seniority list shall be organized by area of certification and shall contain the name, seniority date and all areas of certification for each teacher. The seniority list shall be posted in each faculty lounge and be available in each principal's office. Teachers shall have fifteen (15) days from the date of posting to file a grievance as to their placement on the seniority list and such grievances shall be directly filed in writing with the office of the Superintendent in Step Three of the Grievance Procedure, Article XXV. No exceptions shall be entertained which have not been filed within this time period.

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E. Layoff. In the event of a layoff, the following factors will be determinative and utilized in the order set forth below:

1. The Board will identify the teaching areas to be reduced and, when feasible, the

actual position to be eliminated. 2. The Board will list the least senior teachers in the teaching areas to be reduced

and furnish the Association with a copy of such list. 3. The School Corporation, in its judgment of the best interests of the School

Corporation and subject to Article XIII, Section G, of this Agreement, may make involuntary RIF transfers to create the appropriate staffing patterns to the extent feasible.

4. If a teacher is identified for an involuntary RIF transfer and that teacher is not

holding the actual position to be eliminated, that teacher may refuse the involuntary RIF transfer if he/she has five (5) years seniority in this corporation and/or has not taught in the area for five (5) years to which the new assignment is being made.

5. If a teacher is identified for an involuntary RIF transfer and that teacher is not

holding the actual position to be eliminated, that teacher may refuse the involuntary RIF transfer if the position is less than fifty percent (50%) of a regular full-time position (182 day school year contract).

6. The Board will select the least senior teachers to be laid off, subject to the

additional criteria of the teacher's area(s) of certification, including endorsements. 7. A teacher who is identified to be laid off shall be allowed to displace the least

senior teacher in another teaching assignment subject to the criteria specified in E-6 and provided the teacher (a) files with the office of the Director of Human Resources written notice of such intention, within five (5) days (as defined for the Grievance Procedure); (b) is eligible for acceptance by the Regional Accrediting Association for that position, and (c) is willing to assume any extra-duty responsibilities of the displaced teacher.

8. A teacher on leave of absence at the time of layoff will receive the same

consideration as if the teacher were in active service, including recall rights as set forth herein.

9. A regular contract full-time teacher whose position is reduced to a regular

part-time contract in the course of a layoff shall continue to accumulate seniority as set forth above and have the recall rights set forth hereinafter.

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F. Recall. In the event of recall from layoff, the following factors will be utilized: 1. Regular contract teachers whose employment has been terminated as a result of

staff reduction will be placed on a recall list. Teachers shall be placed on the recall list and shall be recalled in accordance with their placement on the recall list as openings become available, subject to this agreement and subject to the teacher properly qualifying for the vacancy. Teachers laid off shall be placed on the recall list in accordance with their seniority as herein defined.

2. A teacher whose employment has been terminated as a result of staff reduction

shall maintain position on the recall list for a minimum period of two years or a maximum period equivalent to the number of full years of employment as reflected on the seniority list. The layoff period commences on September 1 of the year in which the teacher was laid off. After this period, the teachers shall have no recall rights, except as may result from the application of subsection 4 of this section.

3. Teachers who are properly qualified for a vacancy as determined by certification,

including endorsements, shall be offered re-employment on the basis of the recall list prior to the hiring of a new teacher. It is understood that a teaching assignment vacancy may include an extra-curricular assignment(s).

4. When a vacancy is determined to occur in the subject area of the teacher's

certification and qualification, the appropriate teacher on the recall list will be notified by certified mail. If the teacher is not under a teaching contract with another Indiana Public School Corporation, failure to accept the recall offer in writing within ten (10) calendar days of the postmarked date of the certified mail return receipt shall result in the teacher's name being removed from the recall list, the teacher shall have no further recall rights. A teacher employed under a teaching contract with another school corporation, when notified by the Board of recall and who elects, within the same time limits set forth above in this subsection, not to accept the recall, shall have the recall status extended for the remainder of the school year for which they are under contract with the other school corporation and until the first paid teacher day of the next school year in this school corporation, on which date such teacher would have no further recall rights; this clause in no manner implies any obligation to again offer such a teacher employment during or at the end of such period of time, except as contemplated by this agreement, and the teacher may elect this exception only one time. A teacher recalled to a position which includes extra-duty responsibility or that is less than fifty percent (50%) of a regular full time position (182 day school year contract) may decline the recall without adversely affecting that teacher's established recall rights. Any teacher who declines recall for any other reason shall be immediately removed from the recall list and shall have no further recall rights.

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5. Any teacher recalled, who at the time of recall is on (or is eligible for and elects to

take) a statutorily or contractually protected leave of absence, must accept the recall and go on said leave of absence or waive all re-employment rights, and such teacher must so notify the School Corporation of such leave status within the same time limits as set forth above in subsection 4. Any temporary vacancy created by such a teacher on leave will be filled by substitute or temporary contract teacher, in accordance with past practices.

G. General Provisions. 1. Teachers on the recall list have the duty and responsibility to notify the office of

Director of Human Resources in writing, of any change of home address or any change in certification or endorsements.

2. Teachers on the recall list shall have first opportunity to fill temporary contracts in

their teaching area which become available, and teaching under a temporary contract shall not adversely affect any other rights, nor extend any other rights, in regard to the recall list.

3. Substitute teaching shall not adversely affect any other right, nor extend any

other right, in regard to the recall list. 4. A teacher laid off pursuant to this Article will, upon recall, have all unused sick

leave accrued prior to layoff reinstated and will resume the same position on the salary schedule as at the time of layoff, including any degree changes and one incremental step as appropriate. However, while on layoff, neither leave nor incremental steps on the salary schedule accumulate.

5. Nothing in this Article shall be interpreted to require the School Corporation to fill

any teaching position which has become vacant or to prevent the School Corporation from transferring teachers or reassigning responsibilities.

6. Nothing in this Article shall be interpreted to restrict the School Corporation from

not renewing or canceling a teacher's contract, as otherwise permitted by law. 7. After the expiration of the individual contract of the laid-off teacher, such teacher

is no longer an employee of this School Corporation and the only contractual rights such a laid-off teacher has continuing are those contained in this Article as it existed on that date.

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ARTICLE XVI

COMPENSATED LEAVES A. Sick Leave.

1. Each teacher new to the Corporation shall be entitled to ten (10) sick leave days in the first year of employment and nine (9) sick leave days in each succeeding year without loss of compensation. Teachers employed for fewer days than the full school year shall be entitled to a pro-rata share of the sick days allotted a teacher for the full year. The pro-rata share will be determined by the same percentages used to establish their compensation.

Unused sick leave days shall accumulate. All sick days accumulated which

exceed a total of one hundred twenty (120) days at the end of any contract year shall be designated as annual buyback days.

Teachers retiring before the start of the school year following the school year in which the Annual Sick Leave and Five Year Transition Buyback Programs (Article XXIII, Section C) are implemented shall retain the sick leave accumulation maximum provided by the 1998-2000 Collective Bargaining Agreement and shall be eligible during their last year of employment with the School Corporation to accrue any additional bonus sick days. Additionally, if pursuant to Article XXIII, Section C(3), the implementation of the Annual Sick Leave and Five Year Transition Buyback Programs are delayed one year, then other teachers for the 1999-2000 school year will have the sick leave accumulation maximum of the 1998-2000 Collective Bargaining Agreement and will also, if eligible, accrue bonus sick days.

Should it become necessary, the teacher may use such bonus days as sick leave at the substitute teacher rate, otherwise the bonus sick days will be paid as a part of severance pay without regard to any formula or limitations contained in this contract in regard to severance pay. The bonus sick days shall not be considered in regard to the teacher's eligibility for the sick bank. This paragraph only pertains to those teachers who retain the sick leave accumulation maximum and bonus sick days under the 1998-2000 Collective Bargaining Agreement.

2. All persons on extended contracts will be granted additional sick leave days.

People on forty (40) to forty-five (45) week contracts or exceeding nine and one-half (9-1/2) up through ten and one-half (10-1/2) months will receive ten (10) days annually.

3. Beginning with the second year of employment in this Corporation, sick leave

which was previously accumulated in another public school corporation may be

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transferred by a teacher to his/her total in this district, at a rate of five (5) days per year.

4. Annual and accumulated sick leave days may be used as follows:

a. Personal illness of the teacher, including childbirth, as well as illness of a

spouse or dependent child requiring the teacher's absence to attend to such family member.

b. Medical or dental appointments.

c. Serious illness in the teacher's family. Teachers shall be allowed to use

sick leave in case of serious illness, major surgery, or serious accident involving a member of the teacher's family. The term "teacher's family" shall mean children, parents, step-parents, grandparents, step-grandparents, grandchildren, step-grandchildren, parent-in-law, step-parent-in-law, or any person who has been regularly living in the teacher's home at the time of the illness. This clause shall be interpreted to include paternal leave when a child is born to the wife of a male teacher. Sick leave will be deducted from a teacher’s available sick leave days.

5. Each teacher who teaches in Summer School and has a four-hour assignment

for four weeks shall be permitted to be absent one day due to personal illness as defined in 4(a) above, or bereavement, without loss of compensation. Each teacher who teaches summer school and has a two-hour assignment for eight weeks shall be permitted to be absent up to two days due to personal illness, as defined in 4(a) above, or bereavement, without loss of compensation. Summer School teachers may not use regular sick-day leave for absence from Summer School. If the Summer School sick leave day(s) are unused during the summer, then one day of sick leave will be added to sick leave accumulation.

6. Accumulated sick leave shall be multiplied by two (2) when a full-time teacher

moves to part-time (.54 or less). [Example, five (5) full days shall equal ten (10) half days.] Accumulated sick leave shall be divided by two (2) when a part-time (.54 or less) teacher moves to a .72 or full-time contract. [Example, ten (10) half days shall equal five (5) full days.] This would include also other leaves such as bereavement leave and personal leave that would be accumulated as sick leave.

B. Personal Leave Days

Three (3) regular personal leave days and one (1) bereavement leave day shall be granted per contractual school year. Teachers holding a part-time contract of .80 or more shall be granted the full allotment of personal leave days. Part-time teachers

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holding contracts of less than .80 shall be granted the same pro-rata share of these personal days.

Unused regular personal leave days shall be accumulated as personal leave days for the following school year up to a maximum total of five (5) regular paid personal leave days for any school year. Unused personal leave days beyond the five (5) accumulated shall accrue as sick leave.

There will be two (2) categories of personal leave: restricted and unrestricted.

Unrestricted Personal Leave

When unrestricted personal leave is used, no reason shall normally be given for the use of such days other than "personal business."

Restricted Personal Leave

1. Personal leave shall not be used to extend vacation periods. Vacation periods

include the first and last calendar week of school, and the day to and the day after holidays or break periods.

When a teacher wishes to take personal leave to extend vacation periods, two (2) personal leave days shall be debited for each day absent.

If a teacher desires to be absent to participate in an activity that extends a vacation period, the scheduling of which is beyond his/her control, the teacher may petition the Director of Human Resources for a waiver of the two-for-one penalty.

2. The use of four (4) or more consecutive personal leave days shall be restricted.

When a teacher is using four (4) or more consecutive personal leave days substantive approval must be met in addition to the following procedural conditions:

a. Written application must be filed with the Director of Human Resources at

least two (2) weeks in advance of such scheduled usage.

b. State in writing that the time of this restricted personal leave was for an activity that could not have been scheduled during a non-teaching time.

c. Such days shall be granted subject to the availability of substitute

teachers.

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3. One (1) bereavement/funeral personal leave day shall be granted per contractual school year without loss of compensation for bereavement/funeral not in conjunction with Section E of this Article. This personal leave day, if unused, shall be accumulated as sick leave for the following school year.

All personal leave requests are to be submitted in writing on the appropriate form and should be filed as early as possible. Such requests must be filed no later than the pay period in which the absence occurred.

C. Sick and Personal Leave Incentive Program. The School Corporation agrees to a sick

and personal leave incentive program, to credit eligible teachers with additional sick leave days, based upon the teacher's attendance during the regular school year, as follows:

ACCUMULATION OF SICK DAYS GRANTED SICK OR PERSONAL DAYS NEXT SCHOOL YEAR, INCLUSIVE OF USED IN SCHOOL YEAR PERSONAL LEAVE 0 15 .5 14 1 13 2 or more Balance of Unused Days

This benefit is available to all regular contract teachers, with at least one year of seniority with the School Corporation. The basis of accumulation shall be nine (9) sick leave days, three (3) days regular personal leave days, and the one (1) bereavement/funeral personal leave day per school year of one hundred eighty-two (182) days as used in the school calendar, without regard to extended contracts, summer school, or the teacher availing him/herself of other leaves provided in this Agreement.

A teacher at the end of the school year who has less than the 120 day sick leave accumulation maximum including any incentive days may elect for the alternative sick and personal leave incentive besides those mentioned in the previous paragraph. If a teacher has used no sick or personal leave days he or she may elect, at the end of the school year, to cash in two (2) of the accumulated personal leave days. Payment for these days shall be at the BS-0 rate. If a teacher has used one (1) sick or personal leave day, he or she may cash in one (1) accumulated personal leave day at the BS-0 rate. If a teacher elects not to receive the cash payment for the days which would have been purchased those unpurchased days will be added to the teacher’s accumulation.

If a teacher exceeds the maximum sick leave accumulation of 120 days, the sick leave incentive day(s) will be purchased at the then current B.S.-0 rate and payment will be made into the teacher’s 401(a) account.

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D. Bereavement Leave. Upon request to the principal, up to five (5) consecutive working days for bereavement, without loss of pay, shall be granted a contracted teacher for each death in the immediate family. The period shall commence with the date of death, except if the contracted teacher worked a full day on the date of death in which event the period shall commence with the day after death and terminate within ten (10) calendar days. Upon the request of the teacher, a maximum of three (3) of the five (5) such bereavement days may be used at any time within sixty (60) calendar days of the date of death. Immediate family is defined as follows: spouse, child, parent, brother, sister, niece, nephew, grandparent, and grandchild, all by blood or marriage; also, any person who, at the time of death, had been living as a regular member of the household of the teacher.

E. Job Related Injury Leave. 1. Absence of a teacher due to injury and/or disability resulting from any assault

shall not be deducted from the teacher’s sick leave if the assault arises out of, and occurs during the teacher’s performance of duties within the scope of the teacher’s employment. During the period of absence, the teacher’s salary and benefits shall continue in full to a maximum of one hundred twenty (120) days without reduction in accumulated sick leave.

2. A teacher who is absent from work due to an injury which is covered by

workmen’s compensation shall receive full compensation minus workmen’s compensation benefits and shall receive full benefits under this contract for a maximum of ninety (90) days without reduction accumulated sick leave.

3. A teacher taking a leave of absence as described in paragraphs 1 and 2 above

shall provide to the Director of Human Resources a doctor's statement concerning the need for and the probable duration of the leave. The Corporation reserves the right to obtain, at its own expense, a second opinion by a physician of the Corporation's choosing.

F. Court Leave. Court leave with pay shall be granted to teachers for the time necessary

to make appearance(s) in any court proceeding resulting from activities relating to the teacher's employment with the School Corporation, except when the teacher is a plaintiff or in court proceeding to enforce Public Law 217.

G. Jury Duty Leave. When requested, a teacher may serve on jury duty. The Board shall

pay the teacher his/her full salary less any daily remuneration granted by the court. Pay for court-incurred expenses shall not be considered as court pay and shall not be deducted from the teacher's salary.

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H. Professional Leaves.

1. Professional Days. Professional leave days with pay may be granted to teachers upon their request for the purposes of:

a. Attending and/or participating in professional meetings relating to

educational workshops, seminars, or conferences sponsored by industry or professional associations, colleges, universities, governmental agencies concerned with public school matters, or for visitation to other schools or educational institutions for the purpose of observing instructional techniques.

b. For field trips, or to perform duties required by contracted assignments.

A teacher wishing to use a professional leave day without loss of pay will submit a request through his/her immediate supervisor at least two (2) weeks in advance of the date of the requested leave. If permission is granted, a substitute will be employed for the day(s) or half-day.

2. Bank of Days - In addition to the above-mentioned days, an equitable number of

professional leave days for teachers to use for in-service training and visitation shall be established. An allocation of one (1) day for each five (5) teachers, will be made to establish a bank of paid substitute teaching days to be assigned to each administrative unit head.

This will mean that each building administrator and elementary special area department will have an allocated number of professional leave days which will be no less than the number of full-time classroom teachers divided by five (5). The number of days per unit will be rounded to the nearest whole number of days.

3. Accreditation and/or Improvement Plan. Buildings obligated to meet P.L. 221 or

other accreditation requirements shall receive an additional bank of days for the purpose of developing such plans or reports. The building administrator and the building level discussion team shall discuss the number of days to be used and how they are to be used, which in no case may exceed fifteen (15).

I. Use of Leave. Leave days may be used in one-half (1/2) day increments and such

leave will be charged as one-half (1/2) a leave day. J. Notice of Accumulated Leave. At least twice a year, on approximately September 15

and February 1, the Corporation will notify teachers of the accumulated amount of their unused sick and personal leave.

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K. Sabbatical Leave. Any teacher with more than ninety-five (95) days of accumulated sick leave shall be eligible to take a sabbatical leave for the purpose of professional growth or to achieve an advanced degree.

To receive a sabbatical leave a teacher shall:

1. Cash in ninety-five (95) days of accumulated sick leave and opt to be absent

from school for one (1) year at half (½) pay or one (1) semester at full pay; 2. Notify the Superintendent no later than April 1st of the nature and length of the

sabbatical and present a proposal concerning the relationship between the sabbatical and his/her teaching assignment.

During the course of the sabbatical, fringe benefits shall be paid on a fifty percent (50%) basis. Compensation for the sabbatical leave shall be made during the three (3) years immediately following the completion of the leave on a one-third (1/3) per year basis within a three (3) year period. If the teacher leaves the School Corporation's employment, he/she forfeits the remainder of the sabbatical compensation.

All approvals for sabbatical leave must be made by the Board upon the recommendation of the Superintendent. The Board shall approve no more than five (5) sabbatical leaves in any one school year. However, if the Board has approved fewer than five (5) sabbaticals filed by the April 1st deadline, they may consider any applications filed by October 1st for the second semester of the school year.

ARTICLE XVII

UNCOMPENSATED LEAVES OF ABSENCE A. General Provisions. Upon written request, the Board will grant a leave of absence, for a

term as specifically set forth in this Article for disability leave, serving in political office, childbirth, adoption, or professional organizational work.

Upon written request, the Board may grant a leave of absence up to one (1) year

without pay for personal illness, illness in family, adoption, graduate studies, or for any other good and sufficient reason specifically approved by the Board. Additional leave may be granted when requested in writing and approved by the Board, but is not encouraged due to the hardship placed on teachers assigned to temporary contract.

General rules governing unpaid leaves are:

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1. Provisions Governing Teachers Not Intending to Return to Teaching After Leave. In the case of a teacher who does not intend to resume teaching duties with the School Corporation after expiration of the requested leave:

a. The notice of request to take leave shall set forth the effective date of the

teacher's resignation.

b. The teacher shall then be eligible to use accumulated leave as provided for in Section C of this Article and to continue the insurance as provided for in Article XXIV.

2. Restriction on Use of Leave. Leaves are granted for the specific reason stated

and may be terminated by the Board if it is determined that the leave is not being used for the purpose stated. The Administration may monitor and review teachers on leave for the purpose of ascertaining their intention to return so they will realize the hardship it places on temporary contract teachers.

3. Placement on Salary Schedule. Time spent on leave shall not be credited for

advancement on the salary schedule unless specifically approved in the terms of the leave. The teacher shall be under contract during such leave time and such leave shall be credited toward the teacher's tenure.

4. Termination. Nothing contained in the Article shall be construed to restrict the

Board's power, subject to statute, to dismiss teachers or notify teacher of intent not to renew teacher contracts, when a teacher is on an unpaid leave, even if such termination would take place before the expiration of such leave.

5. Return. Teachers going on a leave of absence should be guaranteed a position

upon their return unless impacted by the layoff provisional (Article XV) of this agreement. The teacher, at the time of granting of the leave, must state in writing to the Office of Human Resources a desire to implement these rights. Teachers going on leave whose (1) letter of request notes such a desire and who states a time of returning not to exceed one (1) year coinciding with the commencement of the start of the next semester, or (2) meets the exceptions of Section C Child Birth Leave or Section G Disability, will be reassigned to their former building and reassigned to the same position if it exists, or if not, to a substantially equivalent position. Any teacher not so reassigned to the same position may notify the School Corporation that the teacher considers the new assignment to be an involuntary transfer and that teacher will then be governed by the rules of Article XIII.

A teacher returning from a leave of absence of more than one (1) year duration and not meeting the exceptions of Section C Child Birth Leave or Section G Disability Leave shall have their former position, if it still exists, posted, and

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therefore shall not necessarily be assigned to his or her former position. The employment intention form for a teacher on leave must be returned to the office of Human Resources by the date designated on the form.

6. Extra Pay. Nothing in this Article shall be construed to apply to extra duties

compensated for by extra pay or to extended contracts. 7. Insurance. Prior to the commencement of a leave under this Article and after any

eligibility for "Family Medical Leave Act" Leave, the teacher may elect to continue in the group insurance plans contemplated in Article XXIV of this Agreement, by submitting a letter of such intent and paying to the School Corporation the entire monthly premium at least one (1) month in advance of the time it becomes payable during the term of such leave.

8. Leaves Without Pay. Teachers on unpaid leaves of absence shall not

accumulate any sick or personal leave and may not use any paid accumulated leave or sick bank leave, unless otherwise specifically so provided for in this Agreement.

9. Benefits. Teachers on unpaid leaves of absence shall retain all rights or

privileges to severance pay, retirement, or previously accumulated sick leave in effect at the time their leave began. It shall be the teacher's responsibility to make timely application or to take other action as necessary to receive benefits in this sub-section.

B. Political Office. Leaves without pay shall be granted to serve in public office. Such

leaves may be granted annually and renewed annually for the length of the term of office.

C. Childbirth Leave. 1. Maximum Leave. A teacher who is pregnant shall be entitled upon request to a

leave of absence for a period commencing at the time of physician certified pregnancy through one (1) year following live birth of the child, subject to this section.

2. Minimum Leave. The leave shall begin no later than the date the teacher's

attending physician determines and shall end not earlier than at a time a teacher's attending physician determines.

3. Child Care Leave. The leave may commence and terminate at the end of any

grading period and extend for any period as set forth in subsection (1); said teacher shall notify the Director of Human Resources in writing of the intention to take such leave, except in the case of emergency, at least thirty (30) days prior to

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the date on which the leave is to begin; such notice shall also state the time of intended return to teaching.

4. Use of Sick Leave. Any teacher taking leave of absence under this policy may

use any days of sick leave which the teacher has accumulated, but may be required, at the option of the School Corporation, to present a doctor's certificate of disability and personal physical inability to teach to justify such use of accumulated sick leave days. Such use of sick leave shall be limited to the teacher's personal disabilities directly related to pregnancy or birth of the child. This unpaid childbirth leave section is not intended to restrict a teacher who has sufficient accumulated sick leave days from using those sick leave days to thus take a paid leave for the period denoted as minimum leave in this section.

5. Return. The provisions of Section A-5 of this Article shall apply to any teacher

taking childbirth leave even if the leave exceeds one (1) year in duration, but shall not apply in the event the teacher applies for an additional leave at any time prior to having returned to work for a period of one (1) year.

D. Adoptive. Adoptive leave may be granted for up to a period of one (1) year. Upon initial

application for the adoption, the teacher shall notify the Director of Human Resources in writing of such intent. The period of leave shall commence when the child is entrusted to the teacher-parent. The intent of this leave is to allow the teacher-parent an opportunity to afford the adopted child full-time parental care, where there is no parent or adoptive parent readily available to give such full-time parental care. A teacher applying for, or on, adoptive leave, must inform the Board of any intent to engage in gainful employment, attend institutions of higher learning, or be absent from his/her regular residence for more than a period of one (1) month and obtain specific approval for such activities, if intended to be engaged in, to be granted, or to continue on, adoptive leave.

E. Professional Organization Work. A leave of absence of up to one (1) year shall be

granted to any teacher, upon application, for the purpose of serving as an officer or staff member of any professional organization (local, state, or national). Such leaves may be renewed annually and be renewed annually for the length of the term of the office or the length of employment as a staff member.

F. Leave for Graduate Studies. A leave of absence of up to one (1) year may be granted

with approval of the Board, to a teacher for the purpose of engaging in study that is related to his/her professional responsibilities at an accredited college or university. The teacher shall notify the district in writing no later than thirty (30) days prior to the end of the semester preceding the proposed leave. Not later than thirty (30) days prior to the end of the semester in which the leave terminates, the teacher shall notify the Board of his/her intention to return.

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If the teacher applying for graduate study leave did not then have a professional permanent teaching license, the teacher upon return from such leave shall be placed at the same experience step on the salary schedule as he/she was when the leave commenced.

G. Disability Leave. A teacher shall be entitled to disability leave upon request when

unable to perform his/her duties owing to a disablement. Such disability shall include, among other items, incapacity which arises from major surgery, physical illness, physical injury, mental illness or emotional disturbance.

1. Anticipated Disability. Where disability can reasonably be anticipated, as in the

case of a scheduled operation, the following rules shall apply: (a) the teacher requesting leave shall notify the office of the Director of Human Resources of the expected time of leave as soon as reasonably possible; (b) the leave shall begin at a time which is mutually agreeable to the teacher and the teacher’s physician but shall coincide with the end of a semester or grading period, if possible, and (c) in the case of a disagreement over the beginning date of the leave, or over the ability of the teacher to continue active employment in such teacher’s position, upon request by the School Corporation the teacher shall furnish a statement from the teacher’s physician as to such teacher’s ability to continue his/her duties. The School Corporation may condition the time or date such leave begins upon such statement. In lieu of accepting statements from the teacher’s physician, the School Corporation may, at its own expense, require that a teacher have from time to time a physical examination from a licensed physician of the School Corporation’s choice in order to determine the teacher’s eligibility for continued leave.

2. Unanticipated Disability. In instances in which the disability could not be

reasonably anticipated, the leave shall begin when medically required. 3. Rules Governing Return. a. As soon as reasonably determinable, the teacher shall notify the Director

of Human Resources of the estimated time of return to teaching, or of the fact that such teacher does not intend to resume teaching duties, and shall, if intending to return to teaching, keep the School Corporation advised of any change in such estimated time.

b. The teacher shall furnish the School Corporation proof of such teacher’s

continued disability at any time during the disability, if requested by the Director of Human Resources.

c. The teacher shall notify the Director of Human Resources as soon as such

teacher has recovered from the disability and may resume his/her

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teaching duties at such time as in the opinion of the teacher and the teacher’s physician that the teacher is able to so resume. The School Corporation may, at its option, require the certificate of the physician to this effect. The teacher shall in any event, however, make an effort towards insuring continuity of instruction for students by scheduling the end of the leave so as to coincide, if reasonably possible, with the beginning of a semester or grading period.

d. Unless waived by the School Corporation, however, the teacher shall not

be entitled to return to teaching duties unless at least two (2) calendar weeks’ notice is given of the intention to return to work if the return is at a date other than the one originally scheduled.

e. A Disability Leave, in excess of one year for the proposal Section A (5)

above shall be considered to not to exceed one year if the teacher returns at the start of the current grading period following the one year period.

4. Limitations. No leave under this Section may be granted for a period exceeding

one (1) year (I.C. 1971, 20-6-12-5) except to coincide with a grading period. The teacher may request consecutive leaves which would result in a leave greater in length than a year but consecutive leave will be granted at the discretion of the school corporation.

5. Use of Sick Leave. Any teacher taking leave of absence under this policy may

use any days of sick leave which the teacher has accumulated, but shall be required, at the option of the school corporation, to present a doctor’s certificate of disability to teach to justify such use of accumulated sick leave days. Such use of sick leave shall be limited to the teacher’s personal disabilities directly related to the cause of the disability.

H. Provisions Implementing the Family and Medical Leave Act.

Teachers shall have the right to both the appropriate family and medical leave and the appropriate designated benefits provided by the Family and Medical Leave Act (FMLA). Any provision of this Contract which restricts or is in conflict with any mandatory leave and/or mandatory benefit(s) of the FMLA will not have any effect for any teacher who has a right to a leave and/or benefit under Public Law 217. The School Corporation may require a teacher to verify and/or certify any information which an employer may require under the FMLA and it may further elect any option available to it under the FMLA for any leave or benefit for which a teacher qualifies for under the FMLA but for which the teacher is not entitled under the specific language of this Contract.

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ARTICLE XVIII

SICK LEAVE BANK A. Bank of Sick Days. In addition to sick leave days as provided in Article XVI, Section A, the employer hereby

establishes a bank of one thousand (1,000) days for the benefit of all teachers on the first day of the school year. Said bank of days shall be for the use of the teachers who, after having first used all of their annual and accumulated leave days, may apply to the Director of Human Resources for additional days' leave with pay, to be deducted from the bank of days, in cases of serious illness, major surgery or serious accident involving a teacher or a member of the immediate family. The term "immediate family" shall mean spouse or dependent child.

The pay for bank sick leave days shall be the rate of B.S.-0 divided by one hundred eighty-two (182) per day, or the teacher's per diem rate (contract salary ÷ 182), if the rate is less than B.S.-0 divided by one hundred eighty-two (182) for any teacher during such days.

The teacher must make application to the Director of Human Resources to qualify for the receipt of said sick bank days. It shall be the responsibility of the Director of Human Resources to notify the teacher within forty-eight (48) hours as to whether his/her request is granted or denied. The Director of Human Resources shall not unreasonably withhold the granting of said days. If the Director of Human Resources denies the application of the teacher, the teacher shall then notify, within a period of three (3) days, or waive the request, the Secretary of the Board of School Trustees, and the Board, no later than its next regular meeting, shall hold a hearing on the request, review the same in executive session, and give such other consideration as it may deem appropriate.

The criteria for granting to the teacher days from the sick bank is set forth in Section B

of this Article.

The bank of sick days shall be for a period of one (1) school year. At the beginning of each school year, the administration shall recredit to the bank a sufficient number of days to bring the bank to a one thousand (1,000) day total.

B. Sick Leave Bank Criteria 1. The purpose of the Sick Leave Bank is to relieve teachers from undue financial burdens

due to absence from work on a long-term basis due to personal illness, injury, or incapacitation sufficiently severe that it would make their presence in the school inadvisable.

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2. The teacher or his/her representative must make written application to the Superintendent, and it shall be accompanied by a physician's statement describing the illness and a prognosis for a date of return to work.

3. The days in the Bank cannot be granted retroactively. 4. If days are granted a teacher from the Bank, such benefit shall begin following the

expiration of all sick days and personal leave days available to the teacher and after the teacher has lost five (5) days pay.

5. All other contractual leave days shall be waived while drawing from the Sick Leave

Bank. 6. A teacher may be granted up to twenty-five (25) days from the Bank in response to

his/her initial application. If, after the original twenty-five (25) days, the teacher is unable to return, he/she may submit a second application and may be granted up to twenty-five (25) additional days. The second twenty-five (25) days will only commence after five (5) school days have elapsed following expiration of the first twenty-five (25) days. The second application must be accompanied by a second statement from his/her physician as described in Section 2. In no case, shall the benefit extend beyond the contract year.

7. Sick Leave Bank days shall not be used during Summer School employment, in the

case of a normal pregnancy, or for family privileges granted in this contract. 8. Except as contemplated in paragraph 6, a teacher may only use the Sick Leave Bank

one (1) time for any one (1) illness, injury, or incapacitation.

ARTICLE XIX

REPORTING TEACHER ABSENCES A. Absentee Calls. In the event a teacher becomes ill or is otherwise unable to teach, the

teacher shall contact the substitute calling system the day or evening before, if feasible, or on the morning of the absence prior to 7:00 a.m. so there will be sufficient time to locate a substitute teacher before the opening of school on the day the teacher is to be absent.

In the event the substituting system is inoperative, the teacher shall contact the principal or the designated representative the day or evening before if feasible, or on the morning of the absence. The morning calls should be made no earlier than 6:00 a.m. (or as specified by the building administrator involved) and prior to 7:00 a.m.

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B. Length of Absence. When making notification of inability to report to work, the teacher should indicate the number of days of anticipated absence. The supervisor may rely on the teacher's indication. The teacher may shorten or lengthen such period if the teacher notifies the supervisor by 2:00 p.m. of the previous school day.

C. Advanced Lesson Plans. Each teacher is responsible for having seating charts and

advanced written daily plans prepared at all times, and such plans should be readily available for use by the substitute teachers in the event of the regular teacher's absence.

D. Mid-Day Illness. Should a teacher become ill or an emergency arises during the school

day where a substitute would be necessary, the teacher shall notify the appropriate supervisor and an effort will be made to provide a substitute for the remainder of the day.

E. Special Area Substitute Teachers. A reasonable effort shall be made to provide

substitutes as needed for all classroom and special area teachers. The substitute calling system, as defined by the Office of Human Resources, will continue to try to secure a substitute teacher until all resources have been exhausted. This shall be considered a reasonable effort. Substitute lists shall note a substitute's area of specialization and reasonable effort will be made to match substitutes with their area of specialization. A teacher may request of the principal that a specific substitute be sought.

ARTICLE XX

HOMEBOUND INSTRUCTION A. Selection. The Corporation agrees to survey teachers, in writing, at the beginning of

each school year for the purpose of obtaining a list of teachers who would be interested in employment as homebound teachers. With the exception of those students that are homebound during the teacher’s work day or which require specialized related services, the corporation will offer homebound employment to those teachers who responded before the homebound positions are offered to any other individuals. If such positions cannot be filled in this manner, the Corporation may assign instructors for homebound instruction without limitation.

B. Compensation. Compensation for homebound services for teachers under contract in

the bargaining unit shall be an hourly rate based upon the regular MS/MA salary schedule, at Step 5, divided by the product of total compensable days times six (6) hours, to-wit:

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Current MS/MA Salary Schedule at Five Years Experience = Hourly Rate

Total Compensable Days x 6 hours

ARTICLE XXI

TEMPORARY CONTRACT TEACHERS The School Corporation agrees it will communicate with each teacher on a temporary contract during or before the month of May to determine his/her availability and interest, by grade level and subject preference, in obtaining a teaching position for the forthcoming school year. If such a teacher is among applicants for a position for the subsequent school year, the School Corporation agrees to recognize his/her previous employment through an interview and consideration. An employment preference list of all temporary contract teachers shall be maintained in all situations where there is more than one person on leave with the same licensure requirements. All temporary contract teachers shall move up the preference list if they have received unconditional recommendation for continued employment from their supervisors on the evaluation report for certificated staff. The Association may receive a temporary contract preference list upon request. Such requests shall be limited to two (2) annually. The Association and the teachers agree that this provision is in no way intended to restrict the School Corporation in employing those individuals that they consider to be most competent.

ARTICLE XXII

COMPENSATION A. Salary.

1. Requirement for Salary Classifications:

a. Class I - All properly certificated teachers with a Baccalaureate Degree.

b. Class II - All properly certificated teachers with a Master’s Degree plus those who were credited with a Master’s Degree equivalency prior to September, 1962.

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c. Class III - All properly certificated teachers who have earned thirty (30) or more semester hours of graduate credit beyond the requirement of the Master’s Degree. After their Masters Degree, as an alternative to the thirty (30) or more semester hours of graduate credit beyond the requirement of a Master Degrees, a teacher may substitute Certificate Renewal Units (“CRU”) as approved by the Professional Standards Board. The thirty (30) hours or CRU equivalent should be earned in a specific pattern and must be approved in advance by the Director of Human Resources. The form for prior approval can be obtained at the Office of Human Resources.

d. An annual five hundred dollar ($500.00) stipend will be paid to teachers

holding a Master’s Degree who achieve National Board Certification. The five hundred dollar ($500.00) stipend will continue each year as long as the teacher holds the National Board Certification.

e. All teachers who have earned a Doctorate Degree shall be paid according

to their placement on the Class III schedule plus an additional amount equal to ten percent (10%) of the base contract salary.

f. A teacher under regular contract may be eligible to apply for the Career

Increment (C.I.), if the teacher has at least ten (10) years credited teaching experience in this Corporation under a regular or temporary contract; and meets an aggregate number that equals or exceeds seventy (70). This means that any combination of years of service and age that total seventy (70) shall meet the criteria for applying for the Career Increment (C.I.).

Such election to retire may only be revoked in the event of a substantial change in personal circumstances. In any event, no teacher shall be eligible to receive more than five (5) years of C.I.

[NOTE: THE ELIGIBLE REQUIREMENTS FOR THIS CAREER INCREMENT (C.I.) IS IN NO MANNER TIED TO ANY CRITERA OR REFLECTS THE CRITERIA UTILIZED BY THE INDIANA STATE TEACHERS RETIREMENT FUND TO MEET STATE REQUIREMENTS FOR ISTRF ELIGIBILITY.]

2. Additional College Training

In order to be eligible for a salary classification change, the following procedure must be followed:

a. For the regular school year:

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Submit a written letter stating the intent to become eligible for a salary classification change to the Office of Human Resources no later than June 15 prior to the school year for which it is to become effective. This would also include work to be completed for salary classification change for the second semester of the coming school year.

Complete, or be enrolled so as to complete, all collegiate work necessary to qualify for the salary classification change by August 31 of the school year for which it is to become effective.

Provide the Office of Human Resources with an official collegiate transcript including all work involved to make the person eligible for a salary classification change no later than September 30 of the school year in which the change is to be made.

b. For the regular school year - to begin second semester:

Submit a written letter stating the intent to become eligible for a salary classification change to the Director of Human Resources no later than October 15 of the school year for which it is to become effective.

Complete all collegiate work necessary to qualify for the salary classification change no later than the last day of the current first semester of the Vigo County Schools prior to the second semester for which it is to become effective.

Provide the Office of Human Resources with an official collegiate transcript including all work required to make the person eligible for the salary classification change no later than February 15 of the school year in which the change is to be made. If a degree is completed but this fact is not indicated on the transcript, a degree completion statement from the college or university involved must also be filed in the Office of Human Resources by February 15 following completion of necessary college work. Upon request of the teacher, the Office of Human Resources will issue a receipt for such documents.

3. Teachers shall be paid in twenty-six (26) or twenty-one (21) bi-weekly pays in a

method to insure privacy. Pays due on Fridays which are not regular teaching days will be made available or shall be mailed. A teacher may elect to be paid the balance due on the teacher’s contract on the second payroll of June, providing the teacher has submitted notice on or before the second Monday of May to the Teacher’s Payroll Department.

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A schedule of the projected payroll dates is attached as Appendix C; it is understood by the parties that the actual date of payroll may vary from Appendix C due to factors such as scheduled holidays, school closings, machine breakdowns, and similar occurrences and calendar rollovers.

4. Deductions presently in effect for annuities or other qualified tax deferred plan

investment products, credit union, savings bonds, and insurance plans shall be continued, and when authorized by the teacher, new deductions may be approved by the Board. Teachers shall have the right to revoke such authorization pursuant to enrollment and section 125 guidelines where applicable. A qualified tax plan investment product vendor must have twenty (20) participants in a tax sheltered annuity plan to receive payroll deduction. To qualify for such deduction, any of the eligible annuity companies for payroll deduction must by the start of the 2000-2001 school year have on file with the School Corporation a vendor’s agreement and hold harmless agreement acceptable to the School Corporation. By mutual agreement between the VCTA and the VCSC any representative may be prohibited from contact with teachers on school premises if the conduct of the representative in SELLING annuities or other qualified tax deferred plan products does not constitute acceptable or ethical business practices.

5. The Board will make every reasonable effort to see that the savings bond

purchases for teachers will be delivered or mailed to the teachers following final payment toward their purchase.

6. Art, music, and physical education teachers who are serving more than one

elementary school and who by necessity are required to transport instructional equipment shall receive a stipend, in addition to mileage, as follows: those serving two or three elementary schools, $150; those serving four or more, $200. Speech and hearing clinicians and school nurses, who regularly travel between schools and transport equipment and supplies, shall receive a stipend, in addition to mileage of $150.

Additionally, all other teachers required to use an automobile for travel from one building to another regularly during the school day shall receive a stipend of $150 in addition to mileage.

7. Staff authorized to receive travel reimbursement, including coaching assignment

at a school other than where the teacher teaches, but excluding all other travel in connection with athletics, shall be compensated at the rate established by the Internal Revenue Service effective upon School Board action.

8. Summer work performed by teachers, not otherwise compensated for, on

corporation curriculum committees, directly authorized by the School

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Corporation, shall be reimbursable at an hourly rate based upon the regular MS/MA salary schedule, at Step 5, divided by the product of total compensable days times seven and one-half (7.5) hours, to wit:

Current MS/MA Salary Schedule at Five Years Experience - Hourly Rate Total Compensable Days x 7.5 hours

9. Part-time/Part Day.

For high school teachers on a trimester schedule and on less than full-time contracts, the salary calculation shall be:

4 Units - 100% of the teacher’s per diem rate 3 Units - 80.3% of the teacher’s per diem rate 2 Units - 54.3% of the teacher’s per diem rate 1 Unit - 27.7% of the teacher’s per diem rate

Each “unit” shall be the equivalent of eighty-four (84) minutes, or one (1) class period plus preparation time and exclusive of the lunch break.

For high school teachers on less than full-time contracts, the salary calculation shall be:

4 Units - 72% of the teacher’s per diem rate 3 Units - 54% of the teacher’s per diem rate 2 Units - 36% of the teacher’s per diem rate 1 Unit - 18% of the teacher’s per diem rate

Each “unit” shall be the equivalent of seventy (70) minutes, or one (1) class period plus preparation time and exclusive of the lunch break.

For middle school teachers on less than full-time contracts, working portions of each school day, the salary calculation shall be determined by establishing the percentage of time employed as compared to the standard teacher day of 310 minutes. Part-time teachers will not be allotted planning time as part of their part-time assignment. A period of at least 30 minutes for a duty-free lunch will not be included in the time employed.

10. Part-time/Full Day. For teachers on less than full-time contracts, working full

days but fewer days than the full school year, the salary calculation shall be determined by their daily rate (salary schedule divided by 182) times the number of days they are compensated.

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B. Teacher Retirement Fund Contribution. The Corporation shall contribute three percent (3%) of each teacher’s salary to the Indiana Teachers’ Retirement Fund. This contribution shall be reflected in a second column on the salary schedule set forth in Appendix A. Only the salary figures in this column shall be reported to outside agencies.

C. Extra Responsibilities.

1. The parties agree that the Schedule of Extra Responsibilities and Additional Staff Assignment which is attached hereto as Appendix B and made a part hereof shall constitute the pay for such assignments for the term of this contract.

2. All assignments to these positions shall be with the consent of the teacher.

3. Any teacher who accepts a contract for an athletic coaching assignment may not

resign from that position, during the contract year, except for reasons of health or by mutual agreement, unless and until a replacement satisfactory to the School Corporation has been found and has entered into a contract.

4. Any teacher who is relieved of duty from a coaching position in the athletic

program, or is not offered a contract for a coaching position in the athletic program in which the teacher has such a contract in the immediately prior school year, may have such decision reviewed pursuant to the Grievance Procedure of this contract through Step Four of such procedure, but may not make use of Step Five of the Grievance Procedure to submit the grievance to arbitration.

5. The parties agree they have examined the question of equal pay for equal work

as reflected in Appendix B, believe it to be equitable, and that it was arrived at jointly with such questions in mind and that it is the joint responsibility of the parties. Furthermore, the Association agrees that it will not encourage, nor in any manner support, sponsor, or file any action, other than grievances filed pursuant to this Agreement, intended to question or challenge Appendix B.

6. Fall sports coaches shall not be required to begin work prior to August 1st.

7. Teachers who either volunteer or are assigned to duties extending more than five

(5) minutes outside the teacher’s regular teaching day, and when such duties are directly related to student control affected by the arrival or departure of students for the student day, shall receive either compensatory time during the teacher day, or shall receive compensation. A stipend, based on the indices of the non-athletic program contained in Appendix B, of .015 for such morning duties and/or .015 for such afternoon duties. Teachers receiving stipends for Sports Management, as a Dean, or as a Counselor are not subject to this Section.

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ARTICLE XXIII

SEVERANCE PAY/RETIREMENT/SAVINGS PLAN

A. Severance Pay.

1. Severance pay will be paid to all certificated personnel, having completed not less than ten (10) years of service in the Vigo County School Corporation, shall, upon separation from the Vigo County School Corporation because of disability, death, or by resignation of a teacher having reached the age fifty (50) prior to the beginning of the following school year and provided the teacher submits a timely letter of resignation as follows:

a. A teacher retiring between school years shall submit their written letter of

resignation on or before July 1 of the summer recess during which the teacher is retiring.

b. A teacher retiring during the school year shall provide at least ninety (90)

calendar days notice; however, such retirement shall not be effective prior to Christmas Break.

2. Severance benefits shall be computed by combining the following two formulae:

a. One Hundred Dollars ($100.00) for each full year of service in the

Corporation or in any school system merged into the Corporation; and

b. The greater of the substitute pay rate or forty percent (40%) of the BS-0 per diem rate for each unused accumulated sick or personal leave day, including days credited in the last year of service. However, if any of these days credited from the last year exceeded the 120 day sick leave accumulation maximum, those days in excess of the maximum will be part of the Annual Sick Leave Buyback Program.

3. The severance pay as calculated above is in addition to any amounts due the

teacher for bonus sick days accumulated in the teacher’s personal sick bank at the BS-0 rate.

4. Retirement prior to the designated time or failure to give notice at the time

specified shall result in a loss of one-third of the severance due.

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5.a) The School Corporation will provide an advance payment of a portion of a teacher’s severance (years of service experience). This advance payment will not occur if the conditions of subsection (c) exist at any time.

b) At the end of the first year in which a teacher receives the career increment the

School Corporation will begin paying for the teachers accumulated years of service with a contribution by July 15, to the teacher’s 401(a) account. At the end of each year the teacher receives the career increment the School Corporation will pay for up to 10 years of a teacher’s accumulated service, until all years of experience have been compensated for by this advance payment method. Should there remain any years of service for which there had not been any advance contribution, the remaining years will be part of the regular teacher’s severance payment as defined in subsection (6).

c) If the following exist there will not be any advance payment and the years of

service or remaining years of service will be part of the teacher’s severance payment:

i) If a teacher has, at any time, fewer than forty (40) accumulated sick days,

payment for all years or remaining years of service will be made at the time of retirement as part of a teacher’s severance payment. This provision attempts to provide a teacher with a minimum severance payment of at least $2,000.

ii) If because of the five-year transition buyback the 401(a) annual

contribution limits are reached, such advance payment will not be made.

iii) If the teacher is governed by the purpose of their sick leave accumulation and severance by the 1998-2000 Collective Bargaining Agreement.

6. A teacher’s remaining severance pay after any payments pursuant to subsection

5 above will be paid to a retired teacher in the number of approximately equal payments as follows:

Amount of Severance Number of Payments

1. $ 1 to $ 8,000 One Payment 2. $ 8,001 to $16,000 Two Payments 3. $16,001 and higher Three Payments

A teacher retiring between school years shall receive their payment(s) as follows:

1st payment Prior to September 1 of the calendar year in which

they retired

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If a second payment Prior to February 1 of the calendar year following the

first payment

If a third payment Prior to February 1 of the calendar year following the second payment

A teacher retiring other than between school years will receive their payment on February 1 of three consecutive years commencing with the next year following retirement. If a teacher elects to retire at the end of a semester and does not work past February, then a teacher may elect the first annual payment to begin in the calendar year in which the teacher retired.

The benefits payable to a teacher under this section will be, to the extent authorized under law, paid through the Section 125 Plan in order to allow a retired teacher the option of applying this compensation towards the health insurance premiums.

In case of the death of a retired teacher prior to receipt of all their entitlement, any remaining benefit entitlement will be paid immediately to the deceased retired teacher’s estate.

7. Teachers retiring before the start of the 2000-2001 school year will be governed

by Article XXI, Section D of the 1998-2000 Collective Bargaining Agreement. Pursuant to Article XXI, Section F(4) of the 1998-2001 Collective Bargaining Agreement, should the implementation of the Annual Sick Leave and Five Year Transition Buyback Programs be delayed until the 2000-2001 school year, then teachers retiring before the start of the 2001-2002 school year will be governed by Article XXI, Section D of the 1998-2000 Collective Bargaining Agreement.

B. Employer/Teacher Savings Plan.

The Board will contribute to the Vigo County School Corporation Employer/Teacher Savings Plan established July 1, 1986. The provisions for such a program are set forth in the plan document. Copies of the plan document shall be made available to teachers upon request at the office of the Director of Human Resources. One copy will be placed in each building. The Board will make its annual contribution on or before July 15 of each year. The Board’s contribution to the 401A Account will match the employee’s contribution to his/her 403B Qualified Tax Deferred Plan up to a maximum of Five Hundred Dollars ($500.00).

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C. Annual Sick Leave Buyback and Five-Year Transition Buyback Programs

1. Purpose and Goal

The representatives of the Board of School Trustees and the Vigo County Teachers Association mutually agree that it is in the best interest of the parties to minimize or eliminate the accrued liability that is created annually by the current sick leave accumulation and unfunded severance benefits. To alleviate this problem, the parties hereby implement the new plan of Annual Sick Leave Buyback Program with the goal of reducing the ever increasing unfunded liability of the severance plan while at the same time provide a potentially annual compensation for unused sick days in a method that would increase the value of those days at a rate greater than accumulated days have increased under the old severance plan.

This goal will be implemented by establishing a new sick leave accumulation of one hundred twenty (120) days and the School Corporation annually buying sick leave days in excess of that new maximum with a contribution to the teacher’s 401(a) accounts.

Because certain teachers currently have sick days accumulated in excess of one hundred twenty (120) days, some of which are considered as bonus days, this program anticipates a five-year buy back for those teachers who have the sick leave days in excess of one hundred twenty (120) days at the time this new plan goes into effect. Additionally any teachers that would have accrued additional bonus days during the five year transition buy back will receive a contribution to their 401(a) account for those potential bonus days.

2. Annual Sick Leave Buyback Program

Effective with the 1999-2000 school year, teachers who have sick leave days in excess of one hundred twenty (120) days at the end of the school year will have those excess days bought back at the rate of the current value of the substitute rate or 40% of the B.S.-0 per diem salary, whichever is greater. This contribution will be contributed by the School Corporation to the teacher’s 401(a) account before the July 15th following the respective school year of any annual buy back. This annual buy back will be in addition to any benefits that a teacher may qualify for pursuant to the Five Year Transition Buyback Program.

3. Five-Year Transition Buyback Program

a) Teachers will have the right to compensation in addition to the Annual Sick

Leave Buyback Program if a teacher:

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1) has accumulated sick leave days in excess of one hundred twenty (120) days at the end of the school year that the Annual Sick Leave Buyback Program is implemented;

2) has any bonus sick days at the end of the school year that the

Annual Sick Leave Buyback Program is implemented; or

3) would, assuming the continuation of the sick leave accumulation provision that existed prior to this 1999-2000 Collective Bargaining Agreement accrue the right to any bonus sick days within the five year transition period commencing with the school year that the Annual Sick Leave Buyback Program is implemented. These days will be referred to as potential bonus days.

b) During each school year of this Five Year Transition Buyback Program,

the School Corporation shall make contributions to a transition teachers 401(a) account for the following:

1) up to fourteen of the sick leave days that were in excess of one

hundred twenty (120) days at the end of the school year in which the Annual Sick Leave Buyback program was commenced and which has not previously been purchased under this transition program.

2) up to thirty (30) bonus days which have not previously been

purchased under this transition program; and/or

3) any potential bonus days a teacher would have accrued during the year that these transition payments are being made.

The determination of the number of days will be made at the end of each school year of the five-year transition plan and the contributions will be made to the teacher’s 401(a) account before the July 15th immediately following the school year.

c) For this Five-Year Transition Buyback Program, the following amounts will

be contributed to buy back days eligible under this transition program:

1) Sick Leave Days In Excess of 120 Days of Accumulation – The then-current substitute rate or forty percent (40%) of the then-current BS-0 per diem rates whichever is greater.

2) Bonus Sick Days – The then-current BS-0 per diem rate.

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3) Potential Bonus Days – The difference between the amount the teacher received for these days under the Annual Sick Leave Buyback Program and the then-current BS-0 per diem rate.

d) If a teacher retires during this Five-Year Transition Buyback Program and

there remains any days eligible for buy back under this transition plan then the value of those remaining days in addition to any compensation pursuant to the Annual Sick Leave Buyback Program will be paid to the retiring teacher in the last year of employment as follows:

1) First, to the teacher’s 401(a) account to the maximum possible

limits; and

2) Second, as an addition to any severance payment payable under Section A above. Any amount payable as severance will be paid pursuant to the method established by Section A.

e) If during the Five-Year Transition Buyback period a teacher utilizes sick

leave days that would reduce their then-current sick leave accumulation, then the teacher’s sick leave accumulation would be accordingly reduced and the days eligible for buy back under this transition program will then be reduced. However, a teacher may elect by notifying the School Corporation’s business office in writing on or before the last scheduled teacher’s work day that the teacher elects to reduce their transition buy back days (sick days in excess of 120 bonus days and/or potential bonus days) rather than their sick leave accumulation days.

D. Medicare Bridge Benefits. For any teacher who opts to retire prior to the time the

teacher qualifies for Medicare, the School Corporation shall contribute a maximum of $1,500.00 annually towards the teacher’s insurance payment until the month the teacher qualifies for Medicare.

ARTICLE XXIV

INSURANCE A. Eligibility. All eligible teachers may participate in the Vigo County School Corporation

Group Insurance Program upon payment of One Dollar ($1.00) per year via payroll deduction. The Group Insurance Program will consist of the following provisions in accordance with the closed enrollment guidelines:

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1. Life Insurance 2. Dental Insurance

B. Life Insurance. The School Corporation will provide, upon enrollment, a basic Fifty

Thousand Dollar ($50,000.00) term life insurance policy for all eligible teachers. Additionally, another Fifty Thousand Dollars ($50,000.00) of term life insurance may be purchased at the teacher's expense at the same rate as paid by the Corporation. This option shall become effective on January 1, 2003, and only if there is a minimum of thirty percent (30%) participation. The benefits committee will continue to review and explore the benefit structure of the various group insurance programs.

C. Medical Insurance. The Corporation will provide payment towards the Plan/Plans

selected by the teacher according to the following schedule and in accordance with the closed enrollment guidelines:

Teacher Only $3,500 Teacher and children $5,298 Teacher and spouse $5,902 Teacher and dependents $8,310

Effective with the January 1, 2003 premium rate increase, the following premium will be the Board’s contribution:

Teacher Only $3,930 Teacher and Children $6,042 Teacher and Spouse $6,731.04 Teacher and Dependents $9,477.96

The Corporation’s contribution for teachers who teach less than full-time shall be

on a pro rata basis. In a situation where two members of the bargaining unit are married and elect the full coverage Teacher Plus Dependents Insurance Plan, the Vigo County School Corporation will contribute an amount equivalent to its contributions for the teacher only and teacher plus children premiums plus Five Hundred Dollars ($500.00). If there are married teachers who subsequently change to two (2) single plans because no other dependents are eligible, then those two (2) teachers shall maintain the Five Hundred Dollar ($500.00) benefit.

Those teachers subscribing to the Employee only plan who do not use the total

contribution listed above, shall have the option of applying the excess funds to any insurance program of their choice.

Teachers and Dependants of Teachers (including newborn babies) must be

enrolled pursuant to the VCSC procedures prior to the expiration of the enrollment period in order to be eligible to have coverage.

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D. Long-Term Disability Insurance. The Corporation will provide for and pay the full

premium for each eligible teacher of the Corporation’s Long-Term Disability Insurance (Income Protection Plan).

E. Dental Insurance. A Group Dental Insurance Program will be provided for all eligible

teachers. The Corporation contribution to this program will be according to the following schedule in accordance with closed enrollment guidelines:

Teacher Only $240 Teacher and children $331 Teacher and spouse $289 Teacher and dependents $378

Effective with the January 1, 2003 premium rate increase, the following premium will be the Board’s contribution:

Teacher Only $242.40 Teacher and children $339.60 Teacher and spouse $295.20 Teacher and dependents $390.00

F. Teacher Paid Coverage. Teachers electing the medical insurance programs will have

the right to subscribe at his/her expense to the Family Dental. G. Retirees. Retirees, retiring prior to their sixty-fifth (65th) birthday, may continue to be a

part of the Corporation’s Group Insurance Program to age sixty-five (65), to the extent that they participated during their last year of employment, providing they pay to the Corporation the entire bi-weekly premium due, at least one (1) month in advance. The Board shall make an allowance toward the premiums of early retirees as indicated in Article XXII-G of this contract. Failure to comply with the requirement to provide the teacher's premium contribution share to the School Corporation on a timely basis will cause coverage to terminate. Prior to termination, the School District will provide a minimum of thirty (30) day notice of termination in writing.

H. Carriers. Any change in the carriers will be by mutual agreement. I. Section 125 Provisions. Provisions of Section 125 of the Internal Revenue Code

(Cafeteria Plan) shall be implemented and offered to all teachers. Tax benefits offered will include:

1. Teacher Paid Premiums for insurance programs. 2. Unreimbursed Medical Care. 3. Dependent Care

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4. Program administrative costs.

The administrative costs of these programs shall be paid by the teacher.

ARTICLE XXV

GRIEVANCE PROCEDURE NOTICE: Grievance must be filed in writing and in a timely fashion: See, Section C,

"Procedure," Step Two, paragraph 3, and see also Section A, "Definitions," paragraph 4.

A. Definitions. 1. A "grievance" is an alleged violation of a specific article or section of this Agreement.

If any such grievance arises, there shall be no stoppage, slowdown, or suspension of work over the subject matter of such grievance, but such grievance shall be submitted to the following grievance procedures, which procedures shall be final.

2. The terms "teacher" and "grievant" include any individual or a group of similarly

aggrieved individuals in the bargaining unit. "Grievant," when so used in context, may also mean the Association.

3. The term "building principal" means the school administrator most directly involved. 4. The term "day" when used in this Article shall mean student days (as that term is

used in the school calendar); during the Summer recess, the term shall mean weekdays (Monday through Friday), except holidays when the central school office is closed.

B. Grievant and Representation. A grievant may initiate a grievance at Step One or Step

Two. Subject to the time limitations of Step Two, Paragraph 3, the Association may initiate a grievance, affecting all or substantially all of the teachers at Step Three, or an identifiable group of teachers at Step Two if such group is located at one building and otherwise at Step Three. The adjustment of all grievances shall not be inconsistent with the terms of this Agreement.

C. Procedure. Step One

A grievant may initiate a grievance through one (1) of the following procedures:

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1. The teacher may meet with the building principal concerned and discuss the matter on his/her own behalf.

2. The teacher may request that a representative of the Association accompany the

teacher, and in such case, the building principal shall not initiate any consultation with the grievant outside of the presence of the Association representative.

3. The teacher may elect to bypass this Step One and file the grievance in writing at

Step Two. Step Two

In the event the grievance is not resolved in Step One, the grievant may file a formal grievance in writing with the building principal on the form shown in Appendix D.

1. The grievance forms shall be filed in quadruplicate, with one copy each for the

Association, the grievant, the building principal, and the office of the Superintendent. 2. The grievance shall (1) name the other individual(s) involved, if any; (2) state the

facts giving rise to the grievance; (3) identify the specific provisions of this Agreement alleged to have been violated; (4) indicate specifically the relief requested; and (5) be signed by the grievant(s) and the Association Grievance Chairman.

3. The written grievance should be filed as soon as possible, but any grievance not

presented in writing in Step Two within fifteen (15) days of the time the grievant knew, or reasonably should have known, of the grievance shall be deemed waived and shall not be processed.

4. The teacher may request a meeting with the building principal, and an Association

representative will accompany the grievant. In any event, within five (5) days after receiving the written grievance, the building principal shall communicate his/her answer in writing to the grievant and the Association, and said answer shall be attached to the grievance.

Step Three 1. If the grievance is not resolved in Step Two, the grievant may, within five (5) days of

receipt of the building principal's answer, appeal to the Superintendent or designee, by filing the grievance and the building principal's answer (and attaching any written response of the grievant, if desired) with the office of the Superintendent, which shall receipt therefor.

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2. The teacher may request a meeting with the Superintendent, and an Association representative will accompany the grievant. In any event, within ten (10) days after receiving the written grievance, the Superintendent shall communicate his/her answer in writing to the grievant and the Association, and said answer shall be attached to the grievance.

Step Four

1. If the grievance is not resolved in Step Three, the grievant may, within five (5) days of receipt of the Superintendent's answer, appeal to the Board, by filing the grievance and building principal's answers (and attaching any written response of the grievant, if desired) with the office of the Superintendent, which shall receipt therefor.

2. The Association, prior to the grievance being heard by the Board, may, but need not,

attach a position statement to the grievance. 3. The Board, or its designated members, shall schedule a grievance meeting within

twenty (20) days of the receipt of the notice. The Board shall render a written decision within five (5) days after the meeting and it shall be attached to the grievance.

Step Five

Within twenty (20) days after receipt of the decision in Step Four, the Association or the Board, upon written notice to the other party, may submit the grievance to arbitration under and in accordance with the rules of the American Arbitration Association, pursuant to the following procedures:

The two (2) parties, the School Board and the Association, shall attempt to select an

arbitrator by mutual agreement. If the two (2) parties cannot agree on the arbitrator or a method of selecting an arbitrator, within five (5) days after notification is given, the arbitrator shall be selected in accordance with the rules of the American Arbitration Association.

D. Powers of Arbitrator. The arbitrator shall have no power: 1. To add to, subtract from, disregard, alter or modify any of the terms of this

Agreement. 2. To rule on the termination of services or failure to employ or re-employ any teacher

to a position on the extra-curricular schedule or any other position which has a salary bonus or an extended contract.

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3. To rule in regard to the dismissal of or the renewal or non-renewal of any contract for any non-tenure teacher.

4. To rule in regard to any claim or complaint for which there is another remedial

procedure or course established by law or by regulation having the force of law, including, but not limited to, any matter subject to the procedures specified in the Teacher's Tenure Act, the Equal Employment Opportunity Act, or other legislation.

5. To change any practice, policy or rule of the School Corporation or to substitute

his/her judgment for that of the School Corporation as to the reasonableness of any such practice, policy, rule, or any action taken by the School Corporation, unless such practice, policy, rule or action shall be in direct conflict with this Agreement.

6. To consider matters outside the scope of the grievance and its attachments. 7. To rule in regard to any removal from, or non-renewal of any contract for, an extra

duty position as set forth in Appendix B. E. Costs. The arbitrator, as a part of his/her decision, may assess his/her fees and expenses

against either the employer or the Association, in full or in part, but if the arbitrator does not so act, the fees and expenses of the arbitrator shall be shared equally by the employer and the Association. The original transcript of the proceedings shall be considered to be an expense of the arbitrator; copies of the transcript shall be the expense of the party ordering a copy. All other expenses shall be borne by the party incurring them.

F. Other Provisions Relating to the Grievance Procedure:

1. No reprisal of any kind shall be taken by or against any participant in the grievance procedure by reason of such participation.

2. All documents, communications and records dealing with the processing of a

grievance shall be filed separately from the personnel file of the participant(s) and are not valid bases for evaluation, and shall not be used in any recommendation for job placement.

3. Time limits herein may be extended only by mutual agreement, signed by the

parties. 4. Time limits herein apply to teachers on leave of absence, other than sick leave, as if

such teacher were present and working. 5. All steps of the grievance procedure shall be conducted during non-regular work

hours or at mutually convenient times.

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6. If there is a failure at any step to communicate the decision on a grievance within the specified time limit, the grievant shall then have the right to appeal at the next step of the procedure.

7. Any grievance not advanced from one step to the next within the time limits shall be

deemed resolved by the answer of the previous step. However, if an individual grievant(s) fails to advance a grievance, the Association may attach to the grievance a statement that the resolution of the particular grievance shall not be considered as having any precedent value.

8. Any grievance which arose prior to the effective date of this Agreement or after the

termination date of this Agreement shall not be processed.

9. Grievances filed toward the end of the school year will be expedited as soon thereafter as possible.

10. The parties to this Agreement, the Association and the School Corporation,

incorporate this grievance procedure herein for the purpose of enforcing their mutual agreements accordingly:

a. The Association shall have the right to have a representative present at all

grievance conferences and hearings, from and including Step Two, and the School Corporation agrees to notify the Association of the time and place of any conference or hearing on any written grievance.

b. The Association may at any time prior to a hearing before an arbitrator

withdraw any grievance whatsoever in its sole discretion. If the VCTA does so, this action will not be utilized by the School Corporation as precedent for future grievances raising the same issue.

11. No recording devices shall be used at the first three steps of this procedure. No

person shall be present at either of these steps for the purpose of recording the discussion.

12. No non-tenure teacher may use the grievance procedure, beyond Step Three of that

procedure, in any way to appeal discharge or a decision by the Board not to renew such teacher's contract.

13. No teacher shall use the grievance procedure, beyond Step Three of that procedure,

to dispute any action by the Board which is in accordance with the state tenure laws. 14. No teacher shall use the grievance procedure to appeal any decision of the Board or

administration if such decision is pursuant to any court order or pursuant to a conciliation agreement with any state or federal regulatory commission or agency.

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15. There shall be no appeal from an arbitrator's decision if within the scope of his/her

authority as set forth above. It shall be final and binding on the Association, the grievant(s), all members of the bargaining unit, the Board, and the School Corporation.

ARTICLE XXVI

NO STRIKE The Association, or any member or members of the bargaining unit, shall not cause, engage in, or sanction any strike, as such term is defined in Public Law 217 during the term of this Agreement. In the event of a strike during the term of this Agreement, no teacher who participates will be paid for days he/she did not work nor may any such teacher deduct such strike days from any paid leave days. In the event of a strike during the term of this Agreement, the School Corporation may resort to any of its remedies at law or equity, and shall have the sole and complete right to immediately discipline, including the sole and complete right, within the statutory due process provisions for teachers, to immediately discharge or commence discharge proceedings against each and every teacher participating in the strike, and, upon termination, such teachers shall not be entitled to or have any recourse to any other provision of this Agreement.

ARTICLE XXVII

AMNESTY/NO REPRISAL The School Corporation shall take no action which shall have the effect of penalizing, in any way, any teacher or the Association as a result of any action or activity taken or as a result of any statement made by a teacher or by the Association during the course of, and directly or indirectly related to, the bargaining process that has now culminated in this Agreement.

ARTICLE XXVIII

TERM OF AGREEMENT This Agreement, unless otherwise set forth specifically in the Agreement, shall become effective August 1, 2002, and shall continue in effect to 11:59 a.m., July 31, 2004, with the

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VCTA having the right to reopen negotiations on the following items for the 2003-2004 school years: 1. Appendix B - Salary Schedule; 2. Appendix C - Extra Responsibility or Additional Staff Assignment; 3. Article XXII - Insurance 4. Severance 5. Annuities and Employer/Teacher Savings Plan 6. Teacher Evaluation 7. Public Law 221 8. Elementary Preparation Time 9. Any other item mutually agreed upon. VIGO COUNTY SCHOOL VIGO COUNTY TEACHERS ASSOCIATION CORPORATION ______________________________ _______________________________ Joseph Minnis, President Mark Lee, President ______________________________ _______________________________ Daniel Tanoos, Superintendent Tom Chiado, Committee Chair ______________________________ _______________________________ Charles R. Rubright Brenda Christianson Chief Bargaining Spokesperson _______________________________ Marolyn Cook _______________________________ Dianna Wright _______________________________ George Bakker, UniServ Director

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APPENDIX A

VIGO COUNTY SCHOOL CORPORATION 2002-2003 TEACHER SALARY SCHEDULE

BS/BA Class I MS/MA Class II MS+30 Class II Step

Index Benefit Amount

Contract Amount*

Index

Benefit Amount

Contract Amount*

Index

Benefit Amount

Contract Amount*

0 1.0000 29,094 28,247 1.0516 30,595 29,704 1.1512 33,493 32,517 1 1.0284 29,920 29,049 1.0896 31,701 30,777 1.1912 34,657 33,647 2 1.0587 30,802 29,905 1.1302 32,882 31,924 1.2319 35,841 34,797 3 1.0993 31,983 31,051 1.1708 34,063 33,071 1.2725 37,022 35,944 4 1.1404 33,179 32,212 1.2152 35,355 34,325 1.3132 38,206 37,093 5 1.1859 34,503 33,498 1.2641 36,778 35,707 1.3641 39,687 38,531 6 1.2319 35,841 34,797 1.3132 38,208 37,093 1.4150 41,168 39,969 7 1.2725 37,022 35,944 1.3641 39,687 38,531 1.4659 42,649 41,407 8 1.3132 38,206 37,093 1.4151 41,171 39,972 1.5168 44,130 42,844 9 1.3538 39,387 38,240 1.4659 42,649 41,407 1.5683 45,628 44,299 10 1.4047 40,868 39,678 1.5168 44,130 42,844 1.6186 47,092 45,720 11 1.4047 40,868 39,678 1.5678 45,614 44,285 1.6690 48,558 47,144 12 1.4047 40,868 39,678 1.6186 47,092 45,720 1.7199 50,039 48,581 13 1.4047 40,868 39,678 1.6690 48,558 47,144 1.7708 51,520 50,019 14 1.4150 41,168 39,969 1.6803 48,887 47,463 1.7817 51,837 50,327 15 1.4150 41,168 39,969 1.7307 50,353 48,886 1.8330 53,329 51,776 16 1.4150 41,168 39,969 1.7821 51,848 50,338 1.8440 54,813 53,217 17 1.4150 41,168 39,969 1.8330 53,329 51,776 1.9344 56,279 54,640 18 1.4664 42,663 41,421 1.8440 54,813 53,217 1.9859 57,778 56,095 C.I. 1.5168 44,130 42,844 1.9344 56,279 54,640 2.0367 59,256 57,530 * The contract amount is the benefit amount minus the 3% the School Corporation will be paying to the Indiana State Teacher Retirement Fund.

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APPENDIX B

EXTRA RESPONSIBILITY OR ADDITIONAL STAFF ASSIGNMENT The schedule of extended contracts and differentials shall be computed on the base salary (B.S. 0) unless otherwise indicated. Unless the position is marked with an asterisk ("*"), each regularly contracted certified teacher with an assignment on this schedule shall have the right to additional compensation according to the following pattern: Beginning with the 2001-2002 school year: Second consecutive year in an assignment - scheduled increment plus 4% of that increment. Fifth consecutive year and subsequent years in an assignment - scheduled increment plus 7% of that increment. Eighth consecutive year in an assignment - scheduled increment plus 10% of that increment.

NON-ATHLETIC PROGRAM POSITION: ACADEMIC COACHING: Academic Coach - High School Academic Decathlon .03 Coordinator .026 I-TAC (JETS) .015 Knowledgemaster .015 Math Competition .008 Problem Solving .015 Regional Science Fair .020 Science Olympiad .015 Spell Bowl .015 Super Bowl .06

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Academic Coach - Middle School Coordinator .026 Geography Bowl .015 Knowledgemaster .015 Math Counts .015 Reg. Science Fair .020 Spell Bowl .015 Super Bowl .06 There will be twelve thousand dollars ($12,000) for the payment of additional and/or increase indices for academic

competition stipend(s) during each school year by mutual agreement between the VCTA and the VCSC.

Activities Supervisors - Middle Schools .05 (supervises home activities only) *Audio Visual - Building (Secondary Schools) .05 Band Director - Middle School .05 Band Director - Senior High School (3) (4) .24 Band Asst. Director - Senior High (3) (4) .13 *Business Laboratory Instructor .05 plus 10 days *Chairperson - Health & Nursing Services up to 10 additional

days per administrative recommendation

Chorus - High School .10 Chorus - Middle School .05 Head Class Sponsor - High School $200 per class Color Guard Specialist - High School .09 Community Partners Coordinator .015 Computer Resource Specialist .08 *Coordinator - Health Careers .10 plus 10 days

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Counselors: *Chief Counselor .07 plus 35 days* *Senior High Schools .06 plus 10 days * The Chief counselor may share a portion

of the 35 allotted days with other counseling staff by mutual agreement with the principal. Lacking mutual agreement, principal’s right of assignment prevails.

*West Vigo High School .06 plus 25 days *Middle School Counselor .06

One day/75 ADM for extended contract; counseling staff to each receive at least one (1) day

*Elementary .04 *Deans Senior High Schools, 40 weeks .23 plus 10 days Middle Schools .15 plus 5 days *Department Heads (1): (Senior High & Middle Schools) 40 or more teaching hours .08 24-39 teaching hours .07 12-23 teaching hours (2) .06 8-11 teaching hours .03 Drama - High School .08 Drama and Speech - High School (one sponsor) .12 Drama Specialist - High School .03 *Educational Diagnostician .08 *Industrial Cooperative Educ. Coor. .05 plus 10 days

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Marching Specialist .03 *Marketing Education Coordinator .05 plus 10 days Teachers currently acting as marketing education coordinators shall be grandfathered at current compensation levels. Musical - High School .04 Musical Specialist - High School .02 Newspaper Sponsor - High School .03 Newspaper Advisor - Middle School .02 Orchestra - High School .08 Orchestra - Middle School .05 High School Jazz Ensemble*‡ .08 1 per school Middle School Jazz Ensemble*‡ .05 1 per school

‡Vigo County School Corporation intends to staff these positions if the following criteria are met:

1. A jazz ensemble if not offered during the normal school day schedule nor for

credit. 2. a. The high school ensemble attends a minimum of three (3) or more

school/local events during the school year. b. the middle school ensemble attends a minimum of three (3) or more

school/local events during the school year. 3. a. the high school ensemble attends a minimum of three (3)

contests/festivals. b. the middle school ensemble attends, at least, one (1) contest/festival. Percussion Specialist .03 *Planetarium Manager .15 Principal Designee - Elementary .06 Safety Patrol - Elementary (7) .015

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*School Psychologist .20 Speech - High School .08 Student Council Sponsor .015 Student Host Corps - High School .025 Yearbook Sponsor - High School .06 Yearbook Sponsor - Middle School .02 (1) Team leaders may be designated in lieu of, or in combination with, department heads.

School entitlement to such positions will be determined as above. The maximum allowance by entitlement cannot be exceeded. Increments may be split by mutual agreement. Non-traditional departmental configurations may be proposed by the principal and implemented with the approval of the Deputy Superintendent and the Superintendent.

(2) Includes Practical Arts Department in a middle school whenever classes meet on a

regular daily basis containing separate groups of students. (3) Increments include work performed during the two weeks prior to the first student day of

school and all after-school hour duties during the school year. (4) In addition, the School Board may offer, at the individual’s hourly rate per the salary

schedule, 160 hours to be scheduled in the summer by the band director and approved by the principal. Such hours must be exclusive of the hours worked during the two week period prior to the first student day of the school year.

(5) In addition, the School Board may offer, at the individual’s hourly rate per the salary

schedule, 100 hours to be scheduled in the summer by the band director and approved by the principal. Such hours must be exclusive of the hours worked during the two-week period prior to the first student day of the school year.

(6) Teachers who are required to attend the Swope Art Exhibit, upon verification of their

required attendance, shall be paid the stipend of .0025. (7) Elementary safety patrol position is limited to the following schools: Davis Park,

Deming, DeVaney, Farrington Grove, Franklin, Meadows, Ouabache, and Sugar Grove.

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ATHLETIC PROGRAM

Assistant to the High School Athletics Director .130 Middle School Athletics Director (one class hour for duties) .150 COACHING POSITION Basketball - Boy’s Head Coach .240 Basketball - Boy’s Assistant Coach .130 Basketball - Boy’s 8th Grade Coach .060 Basketball - Boy’s 7th Grade Coach .060 Basketball - Girl’s Head Coach .240 Basketball - Girl’s Assistant Coach .130 Basketball - Girl’s 8th Grade Coach .060 Basketball - Girl’s 7th Grade Coach .060 Baseball - Head Coach .130 Baseball - Assistant Coach .080 Cheer Coach

High School .130 Assistant Coach .080 Middle School

6th Grade Coach .060 7th Grade Coach .060 8th Grade Coach .060 Cross Country - Boy’s Head Coach .130 Cross Country - Boy’s Assistant Coach .060 Cross Country - Girl’s Head Coach .130 Cross Country - Girl’s Assistant Coach .060 Cross Country, Boys - 6th, 7th & 8th Grade .060 Cross Country, Girls - 6th, 7th & 8th Grade .060 Dance Team .015 Football - Head Coach .240 Football - Assistant Coach .130 Golf - Boy’s Head Coach (Spring) .090 Golf - Girl’s Head Coach (Fall) .090

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Gymnastics Coach .120 Gymnastics Specialist .040 Intramurals (other than noon hour) High School Budget .110 Middle School Budget .076 Pool Supervisor .040 Soccer - Boy’s Head Coach .130 Soccer - Boy’s Assistant Coach .060 Soccer - Girl’s Head Coach .130 Soccer - Girl’s Assistant Coach .060 Softball - Head Coach .130 Softball - Assistant Coach .080 Sports Management Swimming - Boy’s Head Coach** .130* Swimming - Boy’s Assistant Coach .080 Swimming - Girl’s Head Coach** .130* Swimming - Girl’s Assistant Coach .080 Swimming - West Vigo Middle School .060 Tennis - Boy’s Head Coach (Fall) .130 Tennis - Boy’s Assistant Coach .060 Tennis - Girl’s Head Coach (Spring) .130 Tennis - Girl’s Assistant Coach .060 Tennis - 6th, 7th & 8th Grade Boy’s .060 Tennis - 6th, 7th & 8th Grade Girl’s .060 Track - Boy’s Head Coach .130 Track - Boy’s Assistant Coach .080 Track - Girl’s Head Coach .130 Track - Girl’s Assistant Coach .080 Track - 7th - 8th Boy’s Coach .060 Track - 7th - 8th Girl’s Coach .060 Track - 6th Boy’s Coach .060 Track - 6th Girl’s Coach .060

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Volleyball - Head Coach .130 Volleyball - Assistant Coach .070 Volleyball - Middle School Varsity .060 Volleyball - Middle School Jr. Varsity .060 Wrestling - Head Coach .130 Wrestling - Assistant Coach .080

SPRING SPORTS: Should the season extend beyond one week after the last day of the school calendar, the coaches of the participating team will receive $150 for each week, beyond the first week, that such season is extended. **Teachers who were employed prior to the 2000-2001 school year shall be “grandfathered” at the index of .140, as long as they consecutively staff these positions in the future.

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APPENDIX C Anticipated Payroll Dates 2002-2003 Payroll Calendar 2003-2004 Payroll Calendar September 13, 2002 September 12, 2003 September 27, 2002 September 26, 2003 October 10, 2002 October 19, 2003 October 25, 2002 October 24, 2003 November 8, 2002 November 7, 2003 November 22, 2002 November 21, 2003 December 6, 2002 December 5, 2003 December 20, 2002 December 19, 2003 January 3, 2003 January 2, 2004 January 17, 2003 January 16, 2004 January 31, 2003 January 30, 2004 February 14, 2003 February 13, 2004 February 28, 2003 February 27, 2004 March 14, 2003 March 12, 2004 March 28, 2003 March 26, 2004 April 11, 2003 April 9, 2004 April 25, 2003 April 23, 2004 May 9, 2003 May 7, 2004 May 23, 2003 May 21, 2004 June 6, 2003 June 4, 2004 June 20, 2003 June 18, 2004 July 3, 2003 July 2, 2004 July 18, 2003 July 16, 2004 August 1, 2003 July 30, 2004 August 15, 2003 August 13, 2004 August 29, 2003 August 27, 2004 Unless mutually agreed otherwise, during the 2004-2005 school year, there will be two (2) consecutive pay periods two and one-half weeks in length where one pay day will be on a Wednesday. This is to eliminate the 27 pay dates in 2004. The purpose of this Appendix is for general teacher information. Some of the above dates may be altered in accordance with the Agreement. It is the intention of the parties to automatically amend this Appendix C, from time to time as more exact facts become known.

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APPENDIX D GRIEVANCE FORM

Name of Grievant(s) Seeking Relief: Date of Alleged Violation: Name of Other Employee(s) Involved, if any: Identification of Specific Provisions of Agreement Violated or Misinterpreted: Statement of Facts Giving Rise to the Grievance and Contention of Grievant: Specific Relief Requested: Signature of Association Signature of Grievant(s) Grievance Representative Seeking Relief __________________________ Received by: Date: Level of Process and Referral Date: ( ) Principal ( ) Superintendent ( ) Board Received Date:_____ Received Date:______ Received Date:______ Decision Date:______Decision Date:______ Decision Date:_______

By: By: By:

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APPENDIX E

VOLUNTEER FORM

I, , HAVE DISCUSSED MY PARTICIPATION IN

_____________________________ COMMITTEE WITH MY IMMEDIATE SUPERVISOR, AND IT IS

AGREED THAT THIS ACTIVITY IS VOLUNTARY AND, THEREFORE, COVERED BY THE

PROVISION OF ARTICLE IX B.9. IT IS UNDERSTOOD THAT THIS FORM AND COMMITMENT

EXPIRES ON AUGUST 1 OF EACH YEAR.

Teacher's Signature Supervisor's Signature Dated this ______ day of ________________________, 20___.

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APPENDIX F

CONTINGENCY TRANSFER REQUEST FORM PF-61 VIGO COUNTY SCHOOL CORPORATION

DATE:_____________________

FOR VACANCIES OCCURRING DURING THE NON-POSTING PERIOD –The non-posting period is defined as two (2) weeks prior to or within two (2) weeks following the first teacher day of the school year. NAME_______________________________________________________________________________________________ VACANCY POSITION__________________________________________________________________________________ Building __________________________________________________________________________________ Grade Level/Subject Area List areas and/or subjects you are certified to teach: ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Above certification should be on file in the Office of Human Resources, along with an up-to-date transcript of all collegiate work. If this transfer is approved, I will retain the following Extra Duty Extra Pay assignment and relinquish all others: _______________________________________________________ _______________________________________________________ SIGNATURE____________________________________________________ ADDRESS______________________________________________________ Street ______________________________________________________ City State Zip TELEPHONE______________________________________ PRESENT POSITION_____________________________________________ School Grade/Subject

COMPLETE AND FORWARD TO THE OFFICE OF HUMAN RESOURCES *********************************************************************************************************************************************** FOR ADMINISTRATIVE USE ONLY: Please indicate the disposition of this request and return this form to the Office of Human Resources. This transfer is: Accepted Denied_______________ If denied, please specify reason: Seniority Other_________________ If other, please provide a contract rationale on reverse side of this form. _______________ _____________________________________________________ Date Principal/Supervisor’s Signature

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APPENDIX G NAME:_______________________________________ DATE:______________________________ At this time, I am not planning to secure, nor am I following a prescribed pattern for an advanced degree beyond my Master’s Degree. However, I am requesting that the following work be approved to apply toward the 6th Year Salary Classifications. I understand that approval is subject to final acceptance based on presentation of an official collegiate transcript listing satisfactory grades. Also, that, at least, 15 semester hours of this credit should be earned in one of my certificated areas and that no grade lower than a “C” will be counted. (In the right hand column below in both sections I and II, write “Yes” if the graduate courses taken, or to be taken, is in a teaching area of your license. Write “No” if a graduate course, but not in teaching area of your license.) The Vigo County School Corporation will accept C.R.U.’s, as only approved by the Indiana Professional Standards Board, in the same exchange for credit hours as established by the Indiana Professional Standards Board for licensing renewals. The C.R.U.’s must be verified by submitting to the Director of Human Resources the original C.R.U. certificate issued for all submitted C.R.U.’s to be counted for salary increases. I. DATE MASTER’S DEGREE WAS CONFERRED ___________________ BY _________________________ UNIVERSITY. ONLY GRADUATE WORK

TAKEN AFTER THE MASTER’S DEGREE WAS AWARDED WILL BE APPLICABLE TOWARD THE 6TH YEAR. LIST ALL COMPLETED.

DEPT. COURSE #

NAME OF COURSE

CRU’S/ CREDIT HRS.

GRADE

SCHOOL ATTENDED

YEAR

SEMESTER TAKEN

“YES” OR “NO”

_________ ____________ _________ _______ _________ _______ ____________ _________

_________ ____________ _________ _______ _________ _______ ____________ _________

_________ ____________ _________ _______ _________ _______ ____________ _________

_________ ____________ _________ _______ _________ _______ ____________ _________

*Grade Column above must be recorded. (Use back of page if more space is required.) II. INDICATE BELOW THE GRADUATE COURSES BEYOND YOUR MASTER’S DEGREE WHICH YOU PLAN TO COMPLETE DURING THE NEXT 12

MONTHS AND DESIRE APPROVAL TO APPLY TOWARD YOUR 6TH YEAR CLASSIFICATION. (Submit annual requests for additional approval of necessary courses.)

DEPT. COURSE #

NAME OF COURSE

CRU’S/ CREDIT HRS.

GRADE

SCHOOL ATTENDED

YEAR

SEMESTER TAKEN

“YES” OR “NO”

_________ ____________ _________ _______ _________ _______ ____________ _________

_________ ____________ _________ _______ _________ _______ ____________ _________

_________ ____________ _________ _______ _________ _______ ____________ _________

_________ ____________ _________ _______ _________ _______ ____________ _________

III. Have you earned, at least, a “C” or better in all of the graduate courses which you wish counted toward the 6th year with an overall average of, at least, a “B”? Yes____ No____ List grade level or subject matter area of your licenses and/or certificates.

____________________________________________________________________________________________________________________________________________________________________________________________________________________________ Signature:______________________________________________ School:___________________________________________ ****************************************************************************************************************************************************************************************** ADMINISTRATIVE APPROVAL: APPROVED BY: ______________________________ Director of Human Resources

MEMORANDUM OF UNDERSTANDING The Vigo County School Corporation (“VCSC”) and the Vigo County Teachers Association (“VCTA”) agree as follows: 1. The VCSC and VCTA recognize the importance and integrity of building a

Middle School student master schedule and understand this calls for significant input of all stakeholders; students, parents, teachers, and administrators.

Each year, a building level committee will review the current Middle School schedule, regarding the number of instructional classes and Advisory and Team Based Guidance periods. The committee membership will include:

a. One (1) teacher from each instructional team, to be named by that team.

b. A V.C.T.A. building representative. c. One (1) student to be named by the principal d. One (1) parent to be named by the principal e. The building principal, who will chair the committee The committee, by majority vote, will determine if changes shall be made. 2. The VCSC in connection with any other site-based decision-making procedures

will explore with the VCTA the appropriateness of any such proposal on a site-by-site basis.

This Agreement made this ________ day of ______________, 2002 FOR THE CORPORATION: FOR THE ASSOCIATION: ___________________________ ____________________________ ___________________________ ____________________________

MEMORANDUM OF UNDERSTANDING The Vigo County School Corporation (“VCSC”) and the Vigo County Teachers Association (“VCTA”) agree that release time provided elementary teachers shall be by the same method which was implemented during the 1995-96 Collective Bargaining Agreement for the duration of the 2002-2004 Collective Bargaining Agreement by and between the VCSC and the VCTA. This agreement made this _______ day of ___________, 2002. FOR THE CORPORATION: FOR THE ASSOCIATION: ____________________________ ___________________________ ____________________________ ___________________________ 420265/243-13