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CONTRACTUAL AGREEMENT 2017 2018 BETWEEN BURLINGTON EDISON SCHOOL DISTRICT AND BURLINGTON EDISON EDUCATION ASSOCIATION “QUALITY EDUCATION…OUR COMMITMENT”

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  • CONTRACTUAL AGREEMENT

    2017 – 2018

    BETWEEN

    BURLINGTON – EDISON

    SCHOOL DISTRICT

    AND

    BURLINGTON – EDISON

    EDUCATION ASSOCIATION

    “QUALITY EDUCATION…OUR COMMITMENT”

  • BURLINGTON-EDISON BOARD OF EDUCATION

    David Lowell, District No. 1

    Roger Howard, District No. 2

    Bill Wallace, District No. 3

    Rich Wesen, District No. 4

    Troy Wright, District No. 5

    SUPERINTENDENT OF SCHOOLS

    Laurel W. Browning

    BURLINGTON-EDISON EDUCATION ASSOCIATION

    Richard Glick, President

    Cameron Munro, Vice President

    Kristin Caldwell, Secretary

    Nolan Harron, Treasurer

  • TABLE OF CONTENTS

    TITLE .........................................................................................................................................PAGE

    PREAMBLE ..............................................................................................................................1

    ARTICLE I – ADMINISTRATION .......................................................................................2

    Section 1: Recognition ...............................................................................................................2

    ARTICLE II – STATUS AND ADMINISTRATION OF AGREEMENT ........................3

    Section 1: Rights of the Board of Directors ............................................................................3

    Section 2: Conformity to Law ..................................................................................................4

    Section 3: Distribution of Agreement ......................................................................................4

    Section 4: Appendices ...............................................................................................................4

    ARTICLE III – ASSOCIATION RIGHTS ............................................................................5

    Section 1: Access ........................................................................................................................5

    Section 2: Equipment Use .........................................................................................................5

    Section 3: Membership Communication ................................................................................5

    Section 4: Availability of Information ....................................................................................5

    Section 5: Payroll Deductions ...................................................................................................5

    Section 6: Released Time ..........................................................................................................5

    Section 7: Contract Administration ........................................................................................5

    Section 8: Association Security ................................................................................................6

    ARTICLE IV – EMPLOYEE RIGHTS .................................................................................7

    Section 1: Employee Rights ......................................................................................................7

    Section 2: Right to Join and Support Association..................................................................7

    Section 3: Employee Protection ...............................................................................................7

    Section 4: Student Discipline ....................................................................................................8

    Section 5: Personnel File ...........................................................................................................8

    Section 6: Individual Employee Contract ...............................................................................9

    Section 7: Supplementary Contract ........................................................................................9

    Section 8: Release from Supplemental Contract ...................................................................9

    Section 9: Release from Contract ............................................................................................9

    Section 10: Assignment, Transfer, and Vacancies .................................................................10

    Section 11: Length of Contract ................................................................................................11

    Section 12: Professional Learning and Collaboration Days .................................................11

    Section 13: Professional Responsibility Stipend .....................................................................13

    Section 14: Terms of Employment for Substitute Teachers .................................................14

    Section 15: Employee Immunization .......................................................................................15

  • ARTICLE V – LEAVES ...........................................................................................................16

    Section 1: Sick Leave/Emergency Leave .................................................................................16

    Section 2: Disability Attributable to Childbirth or Pregnancy ............................................16

    Section 3: Family Leaves ..........................................................................................................17

    Section 4: Shared Leave Program ..........................................................................................18

    Section 5: Use of Long-term Disability Insurance .................................................................18

    Section 6: Jury Duty and Subpoena Leave .............................................................................18

    Section 7: Other Leaves ............................................................................................................19

    Section 8: Exchange Leave .......................................................................................................19

    Section 9: Leave Calculations ...................................................................................................19

    Section 10: Military Leave ........................................................................................................19

    Section 11: Professional Study Leave ......................................................................................19

    Section 12: Attendance at Meetings .........................................................................................19

    Section 13: Association Leave ..................................................................................................19

    Section 14: Personal and Professional Leave .........................................................................20

    Section 15: Extended Leaves ....................................................................................................21

    Section 16: Teacher on Leave and Similar Leaves ................................................................21

    Section 17: Religious Holidays .................................................................................................21

    ARTICLE VI – SALARIES, STIPENDS, AND BENEFITS ...............................................22

    Section 1: Provisions Governing Certificated Employees' Salary Placement ....................22

    Section 2: Certificated Employee Salary Schedule ................................................................24

    Section 3: Co-Curricular Salary Schedule Placement and Conditions ...............................25

    Section 4: Extended Year Assignments ...................................................................................25

    Section 5: Curriculum Development Pay ...............................................................................25

    Section 6: Drivers' Education "Drive-Time" Salaries ..........................................................25

    Section 7: Impact of Summer Use of Classroom on Staff .....................................................26

    Section 8: Impact of Changing Classrooms as a Result of

    New Construction for Remodeling ..................................................................................26

    Section 9: Sub Pay for Part-time Employees ..........................................................................26

    Section 10: Flow-Through Payment ........................................................................................26

    Section 11: Payment Provisions ...............................................................................................26

    Section 12: Travel Reimbursement .........................................................................................27

    Section 13: Reimbursements and Payments ...........................................................................27

    Section 14: Payroll Deductions .................................................................................................27

    Section 15: Insurance Benefits .................................................................................................27

    Section 16: Employee Assistance Program .............................................................................28

    Section 17: Sick Leave Cash-Out .............................................................................................28

    Section 18: National Board Certification ................................................................................28

    Section 19: Instructional Leadership Teams (ILT) ...............................................................28

    Section 20: Incentive Supplemental Contract ........................................................................29

  • ARTICLE VII – OTHER TERMS AND CONDITIONS OF EMPLOYMENT ..............30

    Section 1: Calendar ...................................................................................................................30

    Section 2: Work Day .................................................................................................................30

    Section 3: Employee Facilities ..................................................................................................31

    Section 4: Safety Committee .....................................................................................................31

    Section 5: Certificated Staff Reduction ...................................................................................32

    Section 6: Release Time for Special Education Teachers and Others .................................35

    Section 7: Additional Time for K – 8 Counselors ..................................................................35

    Section 8: Grade Enrollment ....................................................................................................35

    Section 9: Kindergarten Release Time ....................................................................................36

    Section 10: Extracurricular Advisory Committee ................................................................36

    Section 11: Class Size ................................................................................................................36

    Section 12: Employees’ Children Option ...............................................................................38

    Section 13: Instructional Assistants – Hiring and Evaluation ..............................................38

    ARTICLE VIII – CERTIFICATED STAFF EVALUATION AND

    PROFESSIONAL GROWTH ...................................................................39

    Section 1: Purpose .....................................................................................................................39

    Section 2: Applicability and Implementation .........................................................................39

    Section 3: Definitions .................................................................................................................39

    Section 4: Comprehensive Evaluation .....................................................................................41

    Section 5: Focused Evaluation .................................................................................................43

    Section 6: Performance Evaluation – General Provisions ....................................................44

    Section 7: Probation ..................................................................................................................47

    ARTICLE IX – GRIEVANCE PROCEDURE .....................................................................49

    APPENDIX A Co-Curricular Salary Schedule ....................................................................51

    APPENDIX B Sample Certificated Employee Contract ......................................................52

    APPENDIX C Evaluation of Non-Classroom Employees ....................................................53

    APPENDIX D Professional Responsibility Stipend...............................................................56

    APPENDIX E WAC 392-400-290 ............................................................................................57

    GLOSSARY ...............................................................................................................................58

    DURATION ...............................................................................................................................59

    ATTEST .....................................................................................................................................59

  • 1

    PREAMBLE 1

    2

    A Collaborative Relationship 3

    4

    This Preamble describes the principles upon which the Burlington-Edison School District No. 100 5

    and the Burlington-Edison Education Association base our relationship, our mutual interests, and join 6

    commitment to achieve mutual interests. By creating this agreement, we hereby commit to continuing 7

    a collaborative relationship based on mutual trust which aspires to last beyond the tenure of those 8

    currently in leadership positions in our respective organizations. 9

    10

    Principles of the Relationship 11

    12

    This Agreement is founded on the belief that all people take pride in their work, want to be involved 13

    in decisions that affect them, and share in the success of their efforts. 14

    15

    We hereby commit to work together to establish a vibrant and successful learning community that 16

    actively involves students, staff, and community. We will enjoy a relationship which promotes 17

    success for our students, our schools, and our community by: 18

    19

    creating an atmosphere of mutual trust and respect; 20

    nurturing a culture of collaboration; 21

    recognizing individual talents and strengths; 22

    respecting staff diversity; 23

    encouraging innovation and risk-taking with a focus on improvement of student learning; 24

    learning from failure; 25

    building upon our successes; 26

    providing opportunities for individual growth; 27

    openly sharing information, knowledge and experience; and providing a caring, safe 28 learning and working environment that is clean, healthy, functional, non-violent, and free 29

    of discrimination, intimidation, and harassment. 30

    31

  • 2

    ARTICLE I 1

    2

    ADMINISTRATION 3

    4

    Section 1: Recognition 5

    6

    The District recognizes the Association as the sole and exclusive bargaining representative for all 7

    certificated personnel in positions requiring a teaching credential, or E.S.A. credential, and 8

    employed by a valid individual contract with the school district, referred to as employees herein, 9

    whether under contract or on leave except the following: 10

    11 1. Superintendent 12 2. Assistant Superintendent(s) 13 3. Director of Fiscal Services 14 4. Principals 15 5. Assistant Principals 16 6. Any other district employee excluded by definition under the terms of State Statute. 17

    18

    Unless the context in which they are used clearly requires otherwise, words used in this Agreement 19

    denoting gender shall include both the masculine and the feminine, and words denoting number 20

    shall include both the singular and plural. 21

    22

  • 3

    ARTICLE II 1

    2

    STATUS AND ADMINISTRATION OF AGREEMENT 3

    4

    Section 1: Rights of the Board of Directors 5

    6

    The Board, acting on behalf of the electorate of the school district, retains and reserves all powers, 7

    rights, authority, duties, and responsibilities conferred upon and vested in it by the regulations of the 8

    State Board of Education, the laws and the Constitution of the State of Washington, and/or the 9

    United States. 10

    11

    The Association recognizes that the Board is legally responsible for the operation of the school 12

    district, and that the Board has the necessary authority to discharge all of its responsibilities subject 13

    to the laws mentioned above and to the provisions of this Agreement. 14

    15

    It is expressly agreed that all rights except such as are clearly relinquished herein by the District are 16

    reserved to and shall continue to vest in the District. This shall include this enumeration, being 17

    merely a way of illustration and not by a way of limitation. 18

    19

    THE RIGHT TO: 20

    21 A. Manage the District, direct the working staff including the right to hire and suspend, discipline, or 22

    discharge employees for proper cause. 23

    24 B. Transfer employees from one school, department, and/or classification to another. 25

    26 C. Layoff or relieve employees from duty because of lack of work, funds, and other legitimate reasons. 27

    28 D. Promote and/or transfer employees to positions and classifications not covered by this agreement. 29

    30 E. Make such operating changes as are deemed necessary by the Board for the efficient, effective, and 31

    economical operation of the District, including the right to subcontract work. 32

    33 F. Determine the methods, processes, means, and personnel by which any and all work will be 34

    performed, the control of the property and composition, assignment, direction, and determination of 35

    size and type of its working staff. 36

    37 G. The right to determine the work to be done and the standards to be met by employees covered by this 38

    Agreement. 39

    40 H. The right to determine whether and to what extent work will be performed by employees. 41

    42

    I. The right to determine the qualifications of employees and to suspend, discipline, and 43 discharge employees for cause and otherwise to maintain an orderly, effective, and efficient 44

    operation. 45

    46

    J. The right to develop and control all budgets. 47 48

    49

  • 4

    Section 2: Conformity to Law 1

    2

    This Agreement shall be governed and construed according to the Constitution and Laws of the 3

    State of Washington. If any provision of this Agreement, or any application of this Agreement to 4

    any employee or group of employees covered hereby shall be found contrary to law, such provisions 5

    or application shall have effect only to the extent permitted by law, and all other provisions or 6

    applications of the Agreement shall continue in full force and effect. 7

    8

    Section 3: Distribution of Agreement 9

    10

    Within thirty (30) days following ratification signing of this Agreement, the district shall print and 11

    the Association shall distribute to all employees copies of this Agreement. The cost of printing will 12

    be shared. Twenty (20) additional copies shall be provided to the Association. All employees new 13

    to the District shall be provided a copy of this Agreement by the Association upon issuance of their 14

    individual contract by the District. 15

    16

    Section 4: Appendices 17

    18

    The following Appendices are integral parts of this Agreement, and by this reference are 19

    incorporated herein: 20

    21

    A. Co-Curricular Salary Schedule 22

    B. Sample Certificated Employee Contract 23

    C. Evaluation of Non-Classroom Employees 24

    D. Professional Responsibility Stipend 25

    E. WAC 392-400-290 26

    27

  • 5

    ARTICLE III 1

    2

    ASSOCIATION RIGHTS 3

    4

    Section 1: Access 5

    6

    Duly authorized representatives of the Association shall be authorized to transact official 7

    Association business on school property when the District employees are not performing assigned 8

    duties, provided that this shall not interfere with or interrupt normal classroom or school operations. 9

    10

    Section 2: Equipment Use 11

    12

    The Association will be allowed to use District buildings for meetings and to transact Association 13

    business and will be allowed to use District equipment. Fees, if utilized by the District for use of 14

    buildings and equipment, shall be standard. The Association agrees to pay for the cost of materials 15

    and supplies used and damages, if any, to either facilities or equipment. 16

    17

    Section 3: Membership Communication 18

    19

    The Association shall have the right to utilize bulletin boards in each faculty lounge in the District 20

    or in a place of reasonable access to employees in the event faculty lounges are not in existence in a 21

    given school. The Association shall have the right to use the intradistrict mail services, electronic 22

    services, and network and employee mail boxes for communication purposes. 23

    24

    The Association shall remove outdated postings every two (2) weeks. 25

    26

    Section 4: Availability of Information 27

    28

    The Association shall have access to District records as provided under State Statute. 29

    30

    Section 5: Payroll Deductions 31

    32

    The Association and its affiliates, (WEA and NEA), shall have the exclusive right of automatic 33

    payroll deduction of membership dues. 34

    35

    Section 6: Released Time 36

    37

    Whenever Association representatives are mutually scheduled with the Board and the 38

    Administration's representatives to participate in negotiations during working hours, Association 39

    representatives will be released from their duties with pay. 40

    41

    The parties agree that, whenever possible, these said negotiations and grievance sessions should be 42

    scheduled outside of the normal working day. 43

    44

    Section 7: Contract Administration 45

    46

    Representatives of the District agree to meet with Association representatives at mutually agreeable 47

    times during the academic year to discuss the administration of this Agreement. 48

    49

  • 6

    Section 8: Association Security 1

    2

    All employees in classifications subject to this Agreement shall have the right to withdraw from 3

    membership in the Association on the following basis only: 4

    5

    The first thirty- (30) day period after this Agreement is signed by all parties hereto. 6

    7

    Members who exercise their right to withdraw from the Association, shall not hereafter be subject to 8

    any of the terms of this Section, unless they again choose to become members of the Association in 9

    good standing. Any member may exercise their right to withdraw from the Association by giving 10

    their notice in writing to the Association and the District during the effective dates of the withdrawal 11

    period. 12

    13

    Each employee who is not a member of the Association shall pay to the Association as representat-14

    ion costs, an amount equal to dues and fees required of membership. The District agrees to deduct 15

    on a monthly basis such amount from the compensation of each non-member employee. However, 16

    the obligation imposed by this Section shall not apply to individuals who were employees of the 17

    District on June 10, 1979, and who were not members of the Association on said date. Nothing in 18

    this Section shall impair an employee's rights of non-association protected by State Statute and the 19

    procedures established there under. The Association shall indemnify and hold the District harmless 20

    from all claims asserted and lawsuits commenced by, or on behalf of, any employee due to action 21

    taken by the District in strict compliance with this Section; and further, the District will defend the 22

    Agreement and consult with the Association or its designee respecting all claims and/or lawsuits 23

    with respect to this Section. 24

    25

    Provisions of this Section shall apply to employees of the District under contract, employed half-26

    time or less by pro-rating their representation fees as compared to their full-time salary. Employees 27

    fulfilling only extracurricular activities will be excluded from the provisions of this Section. 28

    29

  • 7

    ARTICLE IV 1

    2

    EMPLOYEE RIGHTS 3

    4

    Section 1: Employee Rights 5

    6

    There shall be no discrimination with respect to the employment of any person because of such 7

    person's age, sex, marital status, sexual orientation, race, creed, color, national origin, or the 8

    presence of any sensory, mental or physical handicap, and protected conduct or status under RCW 9

    28A.405.250, unless based upon a bonafide occupational qualification, provided that the prohibition 10

    against discrimination because of such handicap shall not apply if the particular disability prevents 11

    the proper performance of the particular worker involved. 12

    13

    Nothing contained herein shall be construed to deny or restrict to any employee such rights as he 14

    may have under applicable laws and statutes. 15

    16

    Section 2: Right to Join and Support Association 17

    18

    Employees shall have the right of self-determination to form, join or assist the employee 19

    organization to bargain collectively through representatives of their own choosing and shall have the 20

    right to refrain from any or all of such activities. 21

    22

    Section 3: Employee Protection 23

    24

    A. The District shall at all times maintain an effective insurance coverage of all certificated 25 personnel as an additional insured under the District liability insurance policy providing them with 26

    the cost of defense and payment for any judgment rendered pursuant to terms of this District's 27

    insurance policy against them which in any manner arose in the scope of their employment with the 28

    District, unless the employee was found grossly negligent or convicted of a felonious criminal act. 29

    30 B. The District will provide a space equivalent to the approximate size of 12" x 12" x 18" for the 31

    locking up of personal property when so requested by a teacher. 32

    33

    C. Any case of assault upon an employee shall be promptly reported to the Board or its designated 34 representative. Clothing damaged as a result of a non-aggravated assault shall be replaced. 35

    36 D. No electronic or mechanical devices shall be installed in any classroom or brought in on temporary 37

    basis, which would allow a person to be able to listen to or record the procedures in any class, 38

    without prior notification and approval of the employee. 39

    40

    No recordings can be made by the employer without prior consent and full knowledge of the 41

    recording by the employee. Nor can such recordings by the employer be used as sole evidence for 42

    disciplinary action. Recordings leading to potential discipline would require a full investigation. 43

    44

    45 E. No employee shall be disciplined without proper cause. Such discipline shall be in private. 46

    47 Disciplinary action shall in no way be interpreted to preclude the administrator’s right to discuss 48

    informally with any employee his concerns about that employee’s job performance and its 49

    upgrading so long as such discussions do not constitute disciplinary action. An employee shall be 50

    entitled to have a representative of the Association present during disciplinary action. 51

    52

  • 8

    Nothing herein shall preclude the normal inter-action between the building administrator and the 1

    employee. 2

    3 Information forming the basis for any discipline shall be made available in writing to the employee 4

    and, upon approval and/or request of the employee, to the Association. 5

    6 F. Classified employees shall not be employed to perform responsibilities that require a certificate by 7

    law. 8

    9

    Section 4: Student Discipline 10 11

    The District will support employees in the lawful use of disciplinary measures to maintain order and 12

    protect the safety and well-being of students in the classroom. Students will be disciplined in 13

    accordance with state and federal laws/regulations and district policies. 14

    15

    Building administrators will annually meet with staff to review and discuss building disciplinary 16

    standards and procedures to ensure uniform employee understanding and implementation. 17

    Employees may remove a student from his or her class consistent with WAC 392-400-290. 18

    Attached as Appendix E. It is in the intent of the parties that if new student discipline regulations 19

    are adopted, the parties will incorporate such changes regarding classroom removals into this 20

    section. 21

    22

    The provision of Article IX, Grievance Procedure, shall be applicable to this paragraph only as it 23

    relates to procedural issues, provided that no grievance procedure shall limit the authority of the 24

    District to establish and enforce Student Disciplinary Policy as required by law. 25

    26

    Section 5: Personnel File 27

    28

    Unit members shall have the right to inspect all materials in her/his district personnel file. Such 29

    inspection shall occur at a mutually agreed-upon time in the presence of the Superintendent or his 30

    designee and anyone of the unit member's choice. A copy of all material placed in an individual's 31

    personnel file shall be given to the individual and shall bear the dated signature of the originator and 32

    shall be signed by the employee to indicate only that she/he has seen the material. The employee 33

    shall have the right to attach his/her own signed and dated statement to any items in his/her file. 34

    35

    Any derogatory material not shown to an employee within ten (10) business days following receipt 36

    or composition by the administration shall not be allowed as evidence in any grievance or in any 37

    disciplinary action against such employee. 38

    39

    Material of a derogatory or negative nature, which originates from other than district administrative 40

    sources, shall not be placed in an employee's personnel file unless it has been investigated by the ap-41

    propriate administrator, judged by him/her to be essentially true, and results in disciplinary action. 42

    43

    It is mutually agreed that principals may keep or maintain "working files" relative to those 44

    employees for which they hold responsibility to evaluate. Such working files are not a part of the 45

    employee's personnel file, are subject to review upon request by the employee, and are not of use 46

    within the disciplinary/grievance procedure. This does not preclude the formalizing of materials 47

    within a working file to become a part of the employee's personnel file as described herein. 48

    49

    Working file materials not formalized and introduced into the employee's personnel file within one 50

    year of origination shall be destroyed. No other files will be kept elsewhere. 51

  • 9

    Complaints by anyone which may result in disciplinary action will be forwarded to the employee as 1

    expeditiously as possible. 2

    3

    The principal or administrative designee will do the formal annual observations and written 4

    evaluation of employees covered by this Agreement 5

    6

    Section 6: Individual Employee Contract 7

    8

    All individual employee contracts shall be subject and consistent with Washington State Statute. 9

    10

    Section 7: Supplementary Contract 11

    12

    A supplemental contract shall be renewed for the next ensuing year, unless prior to June 1, the 13

    district notifies the individual contract holder and the Association in writing that the contract will 14

    not be renewed. Such non-renewal notice must set forth specifically all reasons for the non-15

    renewal. No supplemental contract shall be non-renewed for any reason not set forth specifically in 16

    the notice of non-renewal, or if precluded by specific contractual provisions. 17

    18

    Section 8: Release from Supplemental Contract 19

    20

    Employees on extracurricular contracts will be released from said contract(s) given the meeting of 21

    one of the following conditions: 22

    23 A. The District is informed at least thirty (30) days prior to the end of the prior school year; or, 24

    25 B. The District is informed at least thirty (30) days prior the commencement of that activity and 26 C. a satisfactory replacement (as determined by the district) can be found. 27

    28 D. Reasonable extenuating circumstances prohibiting the fulfilling of said contract(s) will be considered 29

    by the District and may constitute sufficient cause for release from said contract(s). 30

    31

    A letter of resignation must be submitted to the Superintendent's office. Release from contract prior 32

    to June 1 for the coming academic year shall be granted provided a letter of resignation is submitted 33

    prior to that time. A release from contract shall be granted after June 1 and until August 1 provided 34

    a satisfactory replacement can be obtained. A release from contract may be granted at the Board's 35

    discretion in case of illness or other personal matters which make it impossible for the employee to 36

    continue in the District. 37

    38

    Section 9: Release from Contract 39

    40

    Employee will be released from contract prior to June 30 for the coming academic year provided a 41

    letter of resignation is submitted to the Superintendent's office. Teacher resignations will not 42

    ordinarily be accepted during the school year, or for the next school year after June 30, unless a 43

    suitable replacement can be found before the effective date of the proposed resignation or the start 44

    of the next school year. A release from contract may be granted at the Board's discretion in case of 45

    illness or other personal matters which make it impossible for the employee to continue in the 46

    District. 47

    48

    49

  • 10

    Section 10: Assignment, Transfer and Vacancies 1

    2

    TRANSFER DEFINITIONS: 3

    4

    Voluntary Transfer – a change in worksite mutually agreed to by both the district and employee. 5

    6

    Involuntary Transfer – a change in worksite not agreed to by the employee. 7

    8

    Reassignment – the assignment of an employee from one position to another within the same 9

    worksite. 10

    11

    Vacancy – Any opening that may occur at a worksite, including those that are newly created. 12

    13

    Leave Replacement Transfer Classification 14

    For the purpose of in-building job reassignment and in-district job transfer, employees on a one year 15

    leave of absence contract will be considered the same as regular employees, both in regard to 16

    timelines and eligibility, beginning with the internal and external postings as outlined below. An 17

    employee shall be on a continuing contract to be considered for in-building reassignments. 18

    Additionally, part-time employees (less than 1.0 FTE) are eligible for reassignment or transfer to 19

    full-time positions. 20

    21

    Processes 22

    Employees shall not be assigned, except in accordance with the regulations of the State Board of 23

    Education. 24

    25

    When co-curricular opening occurs, the procedure outlined below in this section shall apply. 26

    27

    Prior to the posting of a vacancy, a minimum of three (3) working days is allowed for staff within 28

    the building with the vacancy to be considered for reassignment. Once this has occurred, internal 29

    and external postings will occur simultaneously. All district employees who apply for a vacancy for 30

    which they are qualified will be interviewed. An employee shall be on a continuing contract to be 31

    considered for in-building reassignments. 32

    33

    An e-mail will be sent to employees with the posting notice attached. Positions will be posted for a 34

    minimum of five (5) days. Employees who desire consideration for transfer to another position in 35

    another building within the district for the upcoming school year shall notify the Assistant 36

    Superintendent in writing at any time. Employees, who desire consideration to change their 37

    assignment within their building, shall notify their building principal in writing at any time. 38

    39

    Employment of any new employee for a specific position shall not be made until all current 40

    employees with a pending request in writing for transfer or reassignment have been considered and 41

    interviewed by the District or building administration. Employee must apply for any open position 42

    through the Human Resource’s application process. An employee shall be on a continuing contract 43

    to be considered for in-building reassignment. Open positions will be considered but not necessarily 44

    granted in the following order: in-building reassignment requests, in-District transfer request and 45

    then out-of-District candidates. District and building administration shall make all placement 46

    decisions. 47

    48

    49

    50

    51

  • 11

    If a unit member’s request for a voluntary transfer is denied, the unit member shall be granted upon 1

    request a meeting with the administrator who denied the request to discuss the reasons for denial. 2

    The unit member may have a union representative present at the meeting. The meeting shall occur 3

    within ten days of the request. 4

    5

    Positions opening two (2) weeks prior to the commencement of the school year or openings during 6

    the school year which are suddenly precipitated and are temporarily filled, shall be posted as soon as 7

    possible. 8

    9

    Prior to making public the individual selected to fill a position, the District will make a reasonable 10

    effort to notify all finalist candidates as to the decision (a finalist candidate is defined as a District 11

    employee who has been granted an interview). 12

    13

    If the District decides it is necessary to transfer an employee involuntarily, the district will provide 14

    said employee with thirty (30) calendar days advance notification except in case of an emergency or 15

    where any delay would not be in the best interest of the educational program of the district. 16

    17

    A teacher making a physical relocation of classrooms when the relocation is voluntary and mutually 18

    agreed upon by the district shall be entitled to two days pay at per diem. A teacher who transfers 19

    through the interview process shall not receive the two days pay at per diem. 20

    21

    A teacher making a physical relocation of classrooms when the relocation is involuntary and being 22

    mandated by the district shall be entitled to three days at per diem. 23

    24

    Both voluntary and involuntary transfers may take all personally owned equipment with them. All 25

    district, building, ASB, and parent group purchases will stay the property of the building, unless 26

    agreed upon by a designed District representative and the teacher. 27

    28

    At least six months prior to the opening of new buildings, timelines, positions, and processes will be 29

    established and posted in each building. Updates on the process will be published periodically and 30

    posted in each building. 31

    32

    33

    Section 11: Length of Contract 34

    35

    The length of the base employee contract shall be one hundred and eighty (180) days plus state 36

    funded Learning Improvement Days (LID). 37 38

    Section 12: Professional Learning and Collaboration Days 39

    40

    Intent 41

    It is the intent of the parties to work collaboratively to structure scheduled professional learning 42

    and collaboration time in a manner that supports staff in their efforts to accomplish identified 43

    school improvement objectives. To this end the parties agree that both the District and staff-44

    directed components of the Professional Learning and Collaboration Days will focus on the 45

    following objectives: 46

    47

    Fostering a school culture of collective responsibility and shared accountability for 48 student achievement 49

    Reducing variance in opportunity to learn from classroom to classroom and school to 50 school 51

  • 12

    Strengthening individual teachers at various career stages or with differentiated needs 1

    Supporting school and district goals and program implementation 2

    Employees will be provided encouragement for innovation and risk-taking with a focus 3 on improvement of student learning. 4

    5

    Activities 6

    Activities supporting this professional learning and collaboration may include, but are not 7

    limited to: planned professional development delivered by trained facilitators and/or teacher-8

    leaders; grade level, department, or vertical team data-based collaboration; collaborative lesson 9

    planning or lesson study; collaborative cycle of inquiry reflection; school or district continuous-10

    improvement reflection. 11

    12

    Scheduled Days 13

    Six (6) Professional Learning and Collaboration Days paid at the employee’s per diem will be 14

    provided to certificated staff members above the base contract. The type and use of these days are 15

    outlined below: 16

    17

    Two (2) workdays prior to first student day for professional learning and collaboration 18 o One District-directed 19 o One teacher-directed 20 o Scheduling of these days will be determined by B-ESD and B-EEA 21

    22

    Four (4) Professional Learning days placed on calendar 23 o Scheduling of these days will be determined by B-ESD and B-EEA 24 o Each day will be half District-directed and half teacher-directed with the intent that 25

    the entire day will focus on professional learning and collaboration as described 26

    herein; District may support teacher led or teacher requested professional learning 27

    and collaboration during teacher directed time. 28 29

    Early release time will be focused on teacher collaboration. It is agreed upon by both B-30

    EEA and B-ESD that early release time shall be directed by the Instructional Leadership 31

    Team of each respective building. 32

    33

    The administration will work collaboratively with ILTs to develop an assessment 34 framework to allow staff to provide data regarding the efficacy of District-directed time. 35

    ILTs will consider this data when contemplating adjustments designed to improve the 36

    relevance of this time. 37 38

    Beginning with the 2016-2017 school year an additional six (6.0) professional development 39

    hours will be available to employees. These six (6.0) hours are District directed. The six 40

    (6.0) hours will be paid at per diem. 41

    42

  • 13

    Section 13: Professional Responsibility Stipend 1

    2

    The Burlington-Edison School District and the Burlington-Edison Education Association agree and 3

    affirm the following beliefs: 4

    a) The success of the District is dependent upon hiring and retaining the highest quality certificated 5 staff. 6

    b) Providing a quality education for students requires from certificated staff a commitment to the 7 profession beyond the basic contract, normal workday hours, and school year. 8

    c) State law allows additional compensation for additional time, additional responsibilities, or 9 incentives (TRI). 10

    d) The additional commitment required of the Burlington-Edison certificated staff cannot be 11 accurately measured in hours or days. 12

    e) The time necessary to fulfill any one certificated staff member’s responsibilities will vary from 13 that of another, as determined by the individual’s own professional judgment. 14

    15

    For the reasons stated above, the District will provide a stipend as defined in the Professional 16

    Responsibility Stipend schedule in Appendix D in recognition of the additional services provided of 17

    all certificated staff members in the Burlington-Edison School District outside the basic contract and 18

    supplemental workdays. Payment for this professional stipend shall be made in twelve (12) equal 19

    monthly installments. A part-time employee will be compensated in the same ratio that their service 20

    bears to full-time service. 21

    22

    The professional stipend recognizes that employees provide a professionally responsible level of 23

    service in the following areas, which are beyond the basic contract: 24

    i) preparation of the classroom or workspace before, after, and during the school year for quality 25

    instruction or support of instruction; 26

    ii) building activities outside the workday, such as fall and spring open houses, curriculum nights, 27

    parent education nights, school award nights and other school and community functions and 28

    concerts; 29

    iii) self-reflection, goal setting, and related professional growth activities such as workshops, 30

    classes, conferences, seminars or research projects; 31

    iv) grade level, department, and faculty meetings; 32

    v) fulfillment of basic contract expectations that may fall outside the regular workday such as 33

    planning of instruction and curriculum, the evaluation of student work, the preparation of 34

    student assessments, the preparation of summative progress and grade reports for timely 35

    distribution, IEP and Section 504 meetings, and communicating with parents and students. 36

    37

    Financial Arrangements 38

    The compensation for the Professional Responsibility Stipend will be as follows: 39

    a) Part-time employees will be compensated in the same ratio that their service bears to full-time 40 service. 41

    b) Employees will be paid on an equal monthly basis beginning with the September pay period and 42 continuing through August 31. 43

    c) Employees shall document the completion of these activities on a mutually agreed upon form by 44 June 30th each year. Adjustments for the number of hours actually worked shall be made as 45

    needed. 46

    Funds not used during the contract year for which they were budgeted will not carry forward 47

    48

    49

  • 14

    Compensation for Professional Responsibility Stipend 1

    Compensation for the Professional Responsibility Stipend will be based on the individual 2

    employee’s placement on the Professional Responsibility Schedule, Appendix D. This placement is 3

    equivalent to the placement for the years of service and educational credits on the basic salary 4

    schedule. 5

    6

    Each cell on the 2017-2018 Professional Responsibility Stipend schedule (Appendix D), less an 7

    amount equivalent to the six days paid at per diem as set forth in Section 12 above, will be increased 8

    4% of each corresponding cell on the 2017-2018 base salary schedule (Appendix D). 9

    10

    For employees at seventeen (17) years of service or more, based on the State Allocation Model will 11

    receive an additional 1.5% on the PRS stipend schedule. 12

    13

    Effect of Levy Failure 14

    In the event the District’s maintenance and operations levy does not pass, and/or legislation limits 15

    the District’s authority to collect or allocate these funds, these provisions of Section 11 and Section 16

    12 shall be null and void for the following school year and thereafter provided: 17

    a) the District and the Association meet and consult regarding continuance of any of these 18 provisions and, 19

    b) if agreement is not reached by the parties in a timely manner, the District shall have no 20 obligation to continue the provisions of Section 11 and Section 12. 21

    22

    Future Learning Improvement Days (LID) and I-728 Days 23

    Should these days be reinstated and funded by the State Legislature, both the B-EEA and B-ESD 24

    agree to negotiate the use of time. It is understood that the LID and I-728 Day are dependent on 25

    state funding. 26

    27

    Section 14: Terms of Employment for Substitute Teachers 28

    29

    A. Substitute teachers are individuals who are employed during a school year in one or more 30 positions. 31

    32

    Substitute Teachers shall receive all contractual rights under this Agreement, excluding: 33

    1. Article IV, Sections 5 through 11 34 2. Article V 35 3. Article VI, Sections 2 through 18 36 4. Article VII, Section 6 37 5. Article VIII 38

    39

    The daily rate of pay for a substitute teacher shall be one hundred thirty ($130.00) 40

    41

    B. Leave replacement substitutes are those individuals hired to replace an employee granted by the 42 Board of Directors a specific leave of absence of more than twenty (20) days or an individual 43

    who replaces for more than 20 consecutive days an employee who is on leave. The daily rate of 44

    pay shall be commensurate with the employee's training and years of experience when placed 45

    on the salary schedule effective from the first day of employment as a leave-replacement 46

    substitute. 47

    48

  • 15

    Leave-replacement substitutes shall receive all contractual rights under this Agreement 1

    excluding Article VII, Section 6. 2

    3

    Leave-replacement employees will be granted leaves in Article V on an earned pro-rata basis 4

    according to the number of days worked. Employees must earn one (1) full day leave before 5

    using any leave. 6

    7

    C. The conditions of Article III, Section 5, shall apply to leave-replacement employees, except that 8 the amount paid shall be computed on a pro-rata basis according to the number of days worked. 9

    The district will deduct the dues and send them to the Treasurer of the Association. 10

    11

    Substitute teachers and leave-replacement employees may participate in insurance programs 12

    specified in Article VI, at his/her own expense, if the employee is eligible to enroll in the 13

    programs. 14

    15

    D. A full-time substitute is defined as one who is not assigned to a regular teaching position, but is 16 assigned on a day-to-day basis to substitute for employees absent from their positions or to 17

    perform such other work as determined by the district for which little or no preparation is 18

    required. 19

    20

    Full-time substitutes will be paid 70 percent of their placement on the salary schedule in 21

    twelve (12) payments and will receive the same health benefits as prescribed in this 22

    collective bargaining agreement for all other employees. Full-time substitutes will be a 23

    member in good standing of the Education Association with all rights and responsibilities 24

    pertaining thereto. 25

    26

    E. Employees who cover classes for other employees will be paid at per diem in no less than 27 one (1) hour increments. Employees who cover a half day or full day schedule for other 28

    employees receive their regular pay, plus one-half day or full day sub pay. 29

    30

    Section 15: Employee Immunization 31

    32

    The District may request proof of immunization from its employees. Once immunization records 33

    have been provided to the District, such records shall be on file at the District Office. 34

    35

    The District will assist staff by maintaining a database containing immunization records and/or 36

    immunization proof as provided by the employee. Employees can access immunization paperwork 37

    status via the employee online system. As part of its orientation, the District will notify new hires of 38

    the immunization policy. 39

    40

    Any employee who is recommended for exclusion from his/her worksite by a public health or other 41

    agency related to an outbreak of a vaccine-preventable disease and has submitted to the District 42

    documentation concerning his/her immunization history claiming either a bona fide religious 43

    objection to or medical exemption from the necessary immunization may use available sick or 44

    personal leave for any day of exclusion. Once these leave entitlements are exhausted, the District 45

    may, but is not obligated to, provide alternative educational work activities, including acting as a 46

    substitute at another school site. 47

    48

  • 16

    ARTICLE V 1

    2

    LEAVES 3

    4

    Section 1: Sick Leave/Emergency Leave 5

    6

    Leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate of 7

    twelve (12) days per year. For persons under contract as part-time employees, that portion 8

    appropriate for their ratio to a full-time employee shall be granted. Leave days will be granted the 9

    first working day of the employee year. Persons hired into the district with previous in-state work 10

    experience in districts or agencies, as specified in Article VI, Section 1, D, shall be entitled to the 11

    transfer of such sick leave upon receipt of proper verification. 12

    13

    Leave not taken shall accumulate from year to year up to a maximum of one hundred eighty (180) 14

    days. The balance of accumulated sick leave days as of December 31 of the previous year shall be 15

    reported as a part of the employee contract each year. 16

    17

    Should an employee leave the District's employment prior to the close of a school year having used 18

    sick leave beyond that accrued on the basis of one day per month, the District shall have the right to 19

    recapture the value of that excess sick leave at or before the time the final compensation is made. 20

    21

    Emergency Leave for this section shall be defined as follows: 22

    23

    A. The problem must have been suddenly precipitated and must be of such a nature that 24 preplanning is not possible or where preplanning could not have relieved the necessity for 25

    the employee's absence. 26

    27

    B. The problem cannot be of minor importance or mere convenience, but must be of a serious 28 nature. 29

    30

    Employees, upon finding it necessary to be absent from their assigned duties by reasons of illness, 31

    injury, or emergency shall notify their immediate supervisor at the earliest convenience stating the 32

    reason and the anticipated duration. For planned surgeries or anticipated disablements which will 33

    necessitate illness or injury leave, the affected employee shall notify his or her immediate 34

    supervisor, as soon as they are made aware of the anticipated dates during which leave will be 35

    required. 36

    37

    The employee may be required to provide a statement from his/her licensed medical doctor 38

    stipulating that the employee's health condition requires that leave be granted at the time requested. 39

    40

    Upon return to duty, the employee shall be required to sign an absence report verifying the absence. 41

    During all other leaves granted by the District, the loss of sick leave benefits occurs only as 42

    specified in the language for each leave. The District agrees to adhere to the provisions of the WA 43

    Family Leave Act and the WA Family Care Act. 44

    45

    Section 2: Disability Attributable to Childbirth or Pregnancy 46

    A staff member may use accumulated, paid sick leave for the period of actual disability attributable 47

    to pregnancy or childbirth. If the employee's accumulated sick leave is exhausted during the period 48

    of leave granted for disability, the District may grant a leave of absence without pay or fringe 49

    benefits, upon the employee's request, for the remainder of the period of actual disability due to 50

    pregnancy or childbirth. The employee shall return to work when certified able to do so by her 51

  • 17

    attending physician. During any unpaid portion of such leave of absence, the employee may pay the 1

    premiums for any district insurance plans. The District agrees to adhere to the provisions of the WA 2

    Family Leave Act and the WA Family Care Act. 3

    4

    A pregnant employee may continue working as long as she is capable of performing her normal 5

    duties, with the written approval of her physician or licensed practitioner. An employee anticipating 6

    disability due to a pregnancy shall notify her immediate supervisor and the Superintendent a 7

    reasonable time before the planned or anticipated maternity leave, usually thirty (30) days in 8

    advance. Written notice to the District shall include the approximate beginning and ending dates for 9

    the requested leave which may be for a period of time up to the beginning of the next school term or 10

    school year or for an agreed upon time with the superintendent and Board. 11

    A “working day” is defined as one that the employee would be required to work. 12

    Physician certification will be required by the District or provided voluntarily by the staff 13 member for leaves extending beyond 45 calendar days. 14

    15

    Section 3: Family Leaves 16

    17

    A. Family Care 18 19

    Employees may use accrued sick leave to care for an individual(s) residing in their home, a family 20

    member, or an extended family member, in accordance with the WA Family Care Act. 21

    22

    B. Bereavement Leave 23 24

    Employees shall be granted a leave of absence with pay for five (5) days when such absence is 25

    occasioned by a death in the family. "Family" is defined as an individual(s) residing in their home, 26

    a family member, or an extended family member. 27

    28

    C. Child Care Leave 29 30

    Each employee is entitled to twelve (12) workweeks of family leave during any twenty-four (24) 31

    month period without pay or fringe benefits to care for a newborn or adopted child of the employee 32

    who is under the age of six at the time of adoption or to care for a child under eighteen (18) years of 33

    age who has a terminal health condition. 34

    35

    Leave taken for newborn or adopted child care shall be completed within one year after the date of 36

    birth or placement for adoption. Such leave shall be taken in consecutive workweeks up to the 37

    maximum. A period of child care leave shall be given only once of any given child. 38

    39

    The period of child care leave is in addition to any sick leave taken due to the employee's temporary 40

    disability due to pregnancy or childbirth. If both parents are represented by this agreement, they 41

    shall together be entitled to a total of twelve (12) workweeks of child care leave during any twenty-42

    four (24) month period and leave need be granted to only one parent at a time. 43

    44

    An employee requesting child care leave for care of a newborn or adopted child must submit a 45

    written request to the employee's supervisor and the Superintendent no later than thirty (30) days 46

    prior to the anticipated date of birth or placement for adoption, stating the dates during which the 47

    employee plans to take such leave. If child care leave is to care for a child with a terminal health 48

    condition, the employee shall provide written notice to the Superintendent at least fourteen (14) 49

    days prior to the expected leave, when possible. 50

    51

  • 18

    Child care leave shall be granted without loss of seniority and the employee shall return to the same 1

    position held prior to such leave, if it exists. If the position has been eliminated through reduction in 2

    force or program change, the employee will be assigned another position with the District. These 3

    leaves may be in addition to those provided under the WA Family Leave Act and or WA Family 4

    Care Act. In the event these leaves conflict with either the more generous shall prevail. 5

    6

    D. Birth or Adoption of Child 7 8

    Leave shall be granted upon the same terms to male employees as is appropriate and available to 9

    female employees upon the birth or adoption of the employee's child. Leave shall be granted upon 10

    the same terms to employees who become adoptive parents or stepparents, at the time of birth or 11

    initial placement for adoption of a child under the age of six, as is available to employees who 12

    become biological parents. Such leave is available only when the child will live in the employee's 13

    household at the time of birth or initial placement. These leaves may be in addition to those 14

    provided under the WA Family Leave Act and or WA Family Care Act. In the event these leaves 15

    conflict with either the more generous shall prevail. 16

    17

    E. Adoption Processing Leave 18 19

    Adoption Processing Leave shall be for two (2) days without deduction of pay and three (3) days 20

    with a deduction of substitute pay. This leave is non-accumulative. All requests shall be made in 21

    writing to the Superintendent and approved by the Board. (See Section 3.A. for leave pertaining to 22

    child care relative to supervision.) 23

    24

    Section 4: Shared Leave Program 25

    26

    A voluntary program for sharing of accrued sick leave shall be available as allowed in State Statute 27

    and shall be administered by the District. 28

    29

    Section 5: Use of Long-term Disability Insurance 30

    31

    Employees who suffer long-term disabilities of more than ninety (90) calendar days due to illness or 32

    injury, and who are covered by the long-term disability insurance, shall be eligible to receive 33

    compensation from that plan at the conclusion of the 90-day waiting period. At the end of the 34

    waiting period, the employee may choose to continue to receive compensation from accrued sick 35

    leave days and/or to move to receiving compensation from the long-term disability plan in lieu of 36

    use of additional accrued sick leave days. In either case, the employee will be defined as "being on 37

    sick leave" with all rights and responsibilities pertaining thereto. 38

    39

    Section 6: Jury Duty and Subpoena Leave 40

    41

    If jury duty is required, the employee shall be granted leave and pay less jury duty pay. If 42

    subpoenaed to appear on matters not related to other employment or personal business as a result of 43

    actions caused by the employee's individual initiative, leave may be granted with full pay less any 44

    payment beyond expenses for the hearing. 45

    46

  • 19

    Section 7: Other Leaves 1

    2

    Requests for leaves other than those specifically named in this article may be directed in writing to 3

    the Board and the Board may consider each request on its individual merits, and the decision of the 4

    Board will be final. 5

    6

    Each request must specify the reason for the leave and consideration will include, but not be limited 7

    to, the following criteria: 8

    9

    1. Professional improvement. 10

    2. Improvement to District program. 11

    3. Does not adversely affect the program of the District. 12

    4. Qualified replacement is available. 13

    14

    The Board will make a decision on each request. Such determination shall be sent to the applicant 15

    in writing in a timely manner. 16

    17

    These leaves may be granted on the same basis as Professional Study Leave. 18

    19

    Section 8: Exchange Leave 20

    21

    This leave may be granted on the same basis as Professional Study Leave. 22

    23

    Section 9: Leave Calculations 24

    25

    Leave shall be calculated to the nearest half-day. 26

    27

    Section 10: Military Leave 28

    29

    Military leaves will be granted in accordance with the State and Federal Laws. 30

    31

    Section 11: Professional Study Leave 32

    33

    Subject to the approval of the Board of Education, leaves of absence without pay for one year may 34

    be granted to any certificated employee who has completed four (4) years of continuous service. 35

    When this leave is granted, the absence shall not be construed as a break in service as far as 36

    seniority is concerned. 37

    38

    Section 12: Attendance at Meetings 39

    40

    Absence for attendance at professional meetings, when approved in advance by the Board may be 41

    allowed without deduction. Requests shall be written in advance and submitted for Board approval. 42

    If approved, a report shall be made to the Board following the professional meeting if requested. 43

    44

    Section 13: Association Leave 45

    46

    Up to twenty-four (24) days of leave shall be available each school year to the Association, for use 47

    by employees designated by the Association, for the purpose of conducting Association business. 48

    49

    No more than one half of the allowed days shall be used by any one employee unless permission is 50

    granted by the District. In addition, the President of the Association shall have available for his/her 51

  • 20

    exclusive use, up to ten (10) additional days for use during the school year, subject to the same 1

    provisions below. 2

    3

    The Association shall reimburse the District for the actual cost of a substitute for each day, or 4

    portion thereof. 5

    6

    In all cases for Association Leave, the Association shall notify the Superintendent at least three (3) 7

    days in advance of such leave whenever possible, but in all cases within at least twenty-four (24) 8

    hours prior to taking the leave. 9

    10

    Required attendance at grievance arbitration hearings which are scheduled by an arbitrator shall be 11

    excused as applicable to ARTICLE III, Section 6, herein. 12

    13

    The Association agrees to hold the District harmless and defend it against any claims, suits, or other 14

    actions resulting from the application of this provision. 15

    16

    Section 14: Personal and Professional Leave 17

    18

    Each certificated employee shall receive five (5) days leave annually during which time no salary 19

    deduction shall be made for absences on account of professional or personal reasons. Staff 20

    working less than full time will receive leave prorated based on their FTE. Up to five (5) paid 21

    personal and professional leave days not used will be paid in the July warrant at a rate equal to the 22

    long-term substitute rate as defined in Article IV Section 12. Employees shall notify the District by 23

    June 15 if they plan on cashing out their remaining days. 24

    25

    Employees shall notify their principal/supervisor of the intent to use this leave at the earliest 26

    possible time and shall not be required to define the reason beyond the word “personal.” Notice 27

    should be given no less than three days prior to the requested date. 28

    29

    Absences of more than three (3) consecutive days for personal or professional leave will not be 30

    allowed. In special circumstances for the purpose of attending professional development 31

    opportunities or special family obligations, which may otherwise not be supported by the 32

    District, the building principal and staff member may mutually agree on increasing this number, 33

    not to exceed five (5) to limit the impact to the educational program. 34

    35

    Up to fifteen percent (15%) of certificated staff members at the secondary level and in each 36

    elementary building requiring a substitute may be out on personal or professional leave. Total 37

    number shall be rounded up to the nearest whole person requiring a substitute. Requests in 38

    excess of stated numbers require prior approval by building administrator. 39

    40

    Only leaves for illness, leaves for bereavement, approved duty out of classroom, Association 41

    leave, emergency, military, and judicial purposes will be allowed on the workday immediately 42

    preceding or following December, February, and April breaks, or the first or last day of school 43

    unless special dispensation is granted by the Assistant Superintendent. 44

    45

    Personal or professional leave days shall be taken in full or half-day increments. Unused 46

    personal or professional leave shall not accrue. 47

    48

  • 21

    Section 15: Extended Leaves 1

    2

    An employee taking any extended leave shall, upon return, be placed in the same position if it 3

    exists. If the position has been eliminated through reduction in force or program change, the 4

    employee will be assigned another position with the District. 5

    6

    Section 16: Teacher on Leave and Similar Leaves 7

    8

    When an employee is on leave for a program such as "Teacher-On-Leave," and is replaced by an 9

    individual for a specific, limited period of time, the following conditions will prevail: 10

    11

    A. The employee on leave, who has remained a paid employee of the District, will continue to 12 receive all benefits and protections as prescribed in this contractual agreement. 13

    14

    The employee will remain a member of the Association, with all rights and responsibilities 15

    pertaining thereto; including regular and full payroll deduction of Association dues. 16

    17

    B. The individual replacing the employee on such leave will receive all benefits and protections 18 prescribed in this contractual agreement. Health insurance benefits will be provided either 19

    through the District payroll deduction program or through the cooperating institution. 20

    21

    The replacement employee will be provided full retirement benefits through either the District or the 22

    cooperating institution. 23

    24

    The replacement employee will become a member in good standing of the Association, with all 25

    rights and responsibilities pertaining thereto. 26

    27

    The replacement employee will, through either payroll deduction or cash payment, enroll as a 28

    "Reserve" member of the Association, thus minimizing the cost to the individual. 29

    30

    Inclusion of the "Teacher on Leave" program shall not serve as a precedent of past practice; and 31

    future programs and leave replacements of such a nature will require the mutual acceptance of both 32

    the Association and District regarding the terms and conditions relative thereto. 33

    34

    It is understood that the District is under no obligation to hire the replacement employee following 35

    completion of the term of employment for the employee on leave. 36

    37

    Section 17: Religious Holidays 38

    39

    Employees whose religious affiliation requires observances of mandatory holy days on a day when 40

    school is in session will be granted up to two (2) days leave for this purpose. 41

    42

    The employee will make up each day missed by performing professional tasks under the 43

    supervision of his/her immediate supervisor on a mutually agreeable non-school day which falls 44

    between five (5) week days before the opening of and five (5) week days after the closing of the 45

    employee’s current contract year. 46

    47

  • 22

    ARTICLE VI 1

    2

    SALARIES, STIPENDS AND BENEFITS 3

    4

    Section 1: Provisions Governing Certificated Employees' Salary Placement 5

    6

    A. Initial Placement of Certificated Instructional Staff with Degrees on Salary Schedule 7

    8

    Each certificated instructional employee with a degree shall be placed on the state-wide salary 9

    allocation schedule based on the employee's years of experience, highest degree level, and total 10

    eligible credits. An official transcript or notarized statement of credits earned from the granting 11

    institution(s) and official verification of all certificated experience shall be on file in Personnel prior 12

    to October 1. 13

    14

    If an employee holds more than one degree of the same level, additional credits shall be counted 15

    after the first degree. For placement on the state-wide salary allocation schedule, years of 16

    experience and total eligible credits shall be rounded to the nearest whole number. One-half year of 17

    credit shall be rounded to the next highest year of credit. 18

    19

    Effective for the 1992-93 school year and thereafter, an employee whose highest degree is a 20

    bachelor's degree, whose total eligible credits are ninety (90) or greater, and whose total eligible 21

    credits earned prior to January 1, 1992, were less than one hundred thirty-five (135) shall be placed 22

    on the BA + 90 column. 23

    24

    Support staff who hold Educational Staff Associate certification shall be placed on the salary 25

    schedule in accordance with all provisions consistent to all certified staff who are represented by 26

    this Agreement. 27

    28

    A certificated instructional employee who holds a valid vocational certificate acquired as the result 29

    of industrial experience rather than college training, and who also has earned a college degree which 30

    is incidental to or not related to the vocational certificate, shall be reported by the school district as 31

    holding no degree. 32

    33

    B. Initial Placement of Non-Degree Certificated Instructional Personnel on Salary Schedule 34

    35

    Certificated employees without college degrees shall be placed on the state-wide salary allocation 36

    schedule as follows: 37

    38

    1. Persons holding a valid initial or provisional certificate as a school nurse, a life teaching 39 certificate, or a valid certificate as a special elementary or secondary consultant, or special 40

    crafts teacher shall be placed on the BA column. 41

    42

    2. For certificated instructional employees having no degree of bachelor's level or higher, no 43 credits earned beyond degree may be given except as follows: 44

    45

    a. Persons holding continuing or standard school nurse certificate shall be placed on 46 the BA + 30 credits column; and 47

    48

  • 23

    b. Persons holding valid vocational certification as provided in state administrative 1 code and who meet the minimum certification requirements shall be placed on the 2

    BA column and additional quarter credit hours earned shall be recognized on the 3

    basis of one quarter hour for each ten clock hours of approved teacher training 4

    and/or one quarter hour for each 100 clock hours of occupational experience as 5

    defined in legislation as referenced in this sub-section, each earned after meeting the 6

    minimal vocational certification requirements. Persons reaching the BA + 135 7

    credits column with this process shall be placed on the MA + 0 column of the state-8

    wide salary allocation schedule. 9

    10

    3. Years of experience and quarter credit hours shall be rounded to the nearest whole number. 11 One-half year or credit shall be rounded to the next highest year of credit. 12

    13

    C. Annual Classification 14

    15

    After all allowable credit for years of experience and eligible credits are granted on October 16

    1, no change in placement on the salary schedule shall be made after that date for the school 17

    year except that detailed in state administrative code for the period between October 1, 18

    1991, and January 1, 1992, only. 19

    20

    D. Experience Advancement 21

    22

    "Years of experience" means the number of years accumulated full-time and part-time 23

    professional education employment prior to the current reporting school year in the State of 24

    Washington, out-of-state, and a foreign country. Experience shall be calculated to the 25

    nearest tenth and the traditional nine-month academic year shall be considered as one school 26

    year. Not more than one school year of experience may be counted for any twelve-month 27

    (12) period. 28

    29

    Substitute days, if documented, shall be reported as a part-time professional education 30

    employment calculated by dividing the accumulated number of full or partial substitute days 31

    by one hundred eighty (180) and rounding to the nearest tenth. 32

    33

    Professional education experience shall be limited to the following: 34

    35

    1. Employment in public or private preschools or elementary and secondary schools in 36 positions which require certification; 37

    38

    2. Employment in public or private vocational-technical schools, community/junior 39 colleges, colleges, and universities in positions comparable to those which require 40

    certification in the common schools; 41

    42

    3. Employment in an educational agency or institution, other than school districts, in any 43 professional position such as C.P.A., architect, business manager; and 44

    45

    4. Experience in the military, Peace Corps, or Vista service which interrupted professional 46 employment; 47

    48

    5. Sabbatical leave; and 49 50

    51

  • 24

    6. For vocational instructors who hold no degree, up to a maximum of six (6) years of 1 management experience acquired after the instructor meets the minimum vocational 2

    certification requirements. 3

    4

    E. Eligible Credits Advancement 5

    6

    "Academic credits" means credits earned after the awarding or conferring of the employee's 7

    first bachelor's degree and earned on or before October 1 of the year for which calculations are 8

    made. Credits shall be earned from an accredited community college, college, or university 9

    and are transferable or applicable to a bachelor's or more advanced degree program. 10

    Individuals who doubt that a class would meet O.S.P.I. rules for credit allowance should verify 11

    acceptance with Personnel prior to taking the class. 12

    13

    The number of credits equals the number of quarter hours, units, or semester hours each 14

    converted to quarter hours. Semester hours are converted to quarter hours by multiplying by 15

    one and one-half. 16

    17

    "In-service credits" means credits earned after August 31, 1987, and earned on or before 18

    October 1 of the year for which calculations are made. Credits are earned in state-approved 19

    continuing education programs and are not counted as academic credits or for the purpose of 20

    satisfying the requirements of the employee's next highest degree. Ten (10) continuing 21

    education credit hours equal one (1) in-service credit. 22

    23

    Clock hours will be granted in accordance with State guidelines and policies. 24

    25

    "Total eligible credits," for the person whose highest degree is a bachelor's degree, is a sum of 26

    academic and in-service credits as defined above. 27

    28

    For an employee whose highest degree is a master's degree, sum academic and in-service 29

    credits in excess of forty-five (45) earned after the awarding or conferring of the bachelor's 30

    degree and prior to the awarding or conferring of the master's degree. 31

    32

    Section 2: Certificated Employee Salary Schedule 33

    34

    The District shall compute the actual placement of certificated staff pursuant to the current State 35

    Allocation Model (S.A.M.), and shall increase the certificated employee's salary schedule by the 36

    legally allowable salary increase such that the total amount of salary increases for certificated staff, 37

    when applied to the base salary specified in the current allocation document, will result in the 38

    maximum derived base salary allowable. 39

    40

    If after January 1, 1991 of each year, the District finds it will receive more money for certificated 41

    staff salary increases than is being distributed to certificated staff, the District shall adjust the base of 42

    the salary schedule and individual contracts by the percentage amount to correspond to such 43

    additional State funding for salary purposes for members of the bargaining unit if there is more than 44

    a difference of $1,000 (One Thousand Dollars). Payment of such adjustment shall be prorated in 45

    the pay periods following the contract adjustment, for the remainder of the current fiscal year. 46

    47

    If the District would be in violation of State Law or would incur any penalty or decrease in State 48

    support as a result of the compensation and benefits provided in this Agreement, the excess 49

    compensation and/or benefits provided shall be reduced to the maximum amount legally allowable. 50

    If, during the term of this Agreement, a court of competent jurisdiction renders a decision 51

  • 25

    determining that RCW 28A.400.200 is invalid in such a fashion as to allow bargaining with respect 1

    to levels of compensation not allowed prior to that determination; or, if the Washington State 2

    Legislature should take action which has the same effect described above, such bargaining may 3

    occur if requested. 4

    5

    No provision of the Agreement shall be interpreted or applied so as to place the District in breach of 6

    the salary limitations imposed by State Law, subject the District to a State funding penalty, derogate 7

    from the group salary factor, or deny the District the right to adjust the salary base upward or 8

    downward within the constraints of legal contractual provisions contained herein as necessary to 9

    comply with these limitations. 10

    11

    Section 3: Co-Curricular Salary Schedule Placement & Conditions 12

    13

    Co-curricular Pay Options 14 15

    Employees whose total pay for an extracurricular activity or supplemental contract is twelve 16

    hundred dollars ($1,200.00) or less shall have the option of receiving payment in one lump sum in 17

    the month following completion of the activity or in prorated monthly amounts as is the practice for 18

    amounts exceeding six hundred dollars ($600.00). 19

    20

    The option for payment shall be made only at the time the extracurricular or supplemental contract 21

    is signed by the employee. 22

    23

    24

    Section 4: Extended Year Assignments 25

    26

    Employees in Career and Technical positions may make formal application to the administrator who 27

    oversees the Career and Technical Education funds for remuneration for additional days to be 28

    worked in connection with that assignment. Additionally, some Educational Staff Associate and 29

    Librarian positions require additional days of work for completion of assigned tasks. 30

    Compensation will be made at the employee's daily rate of pay. 31

    32

    Section 5: Curriculum Development Pay 33

    34

    Payment for curriculum development work, including textbook adoption, shall be at the rate of .001 35

    of the initial cell on the base salary schedule. The chairperson or leader of such committees or their 36

    equivalent will be compensated at the rate of .00131 of the initial cell on the base salary schedule. 37

    38

    Hours to be compensated must be pre-authorized by the appropriate District administrator and does 39

    not include time for which release time from the normal job assignment is provided. 40

    41

    Curriculum development pay shall be paid for all compensated building and district committee 42

    work, in-service, and presentation planning time beyond the employee’s normal work day, and shall 43

    be voluntary. All other compensated work not spoken to elsewhere in this contract shall be at the 44

    individual employee’s per diem rate of pay. 45

    46

    Section 6: Drivers' Education "Drive-Time" Salaries 47

    48

    The salary amount for driving time for teachers of Drivers' Education will be increased annually by 49

    the same percentage as the legal increase to the base salary. 50

    51

  • 26

    Section 7: Impact of Summer Use of Classroom on Staff 1

    2

    Employees whose classrooms or worksites are used f