A G R E E M E N T

Between

The School Board of Lake County

and

The Lake County Education Association, Inc. Local 3783, FEA, AFT, NEA, AFL-CIO

Tavares, Florida

2010 – 2011 2011 - 2012 First Year of Three Year Contract

2008 - 20112013 - 2014

I

AGREEMENT Between

The School Board of Lake County And

The Lake County Education Association Inc.

The following are the changes in the 2011- 2012 Agreement:

ARTICLE PAGE ARTICLE I – Recognition Page 1

ARTICLE VIII – Discipline Page 13 ARTICLE X – Teaching Conditions Page 21 ARTICLE XI – Teacher Evaluation Page 32

ARTICLE XII – Professional Improvement Page 35 ARTICLE XIII – All Instructional Contract

Teachers Page 36

ARTICLE XVI – Professional Compensation

Page 51

ARTICLE XVII – Leave of Absence Page 57 ARTICLE XIX – Transfers, Reductions In

Force And Vacancies

Page 66 ARTICLE XXII – Copies Of Agreement Page 72

196- Day Calendar Page 76 Instructional Salary Schedule Page 77 Psychologist Salary Schedule Page 78

Memos of Understanding Page 88 - 96

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ARTICLE I

RECOGNITION

Section 1. For the duration of this Agreement, and for so long as the titles and/or 1 functions shall exist, the Board recognizes the Association as the exclusive bargaining 2 agent for certificated teaching personnel who are on or who have been on contract to the 3 Board during the duration of this Agreement in those positions, as determined by the 4 Public Employees Relations Commission, listed below: 5

Athletic Trainer 6 Content Specialist Pre K Early Intervention 7 Counselor 8 Curriculum Resource Teacher 9 Behavioral Specialist 10 ESE School Specialists 11 Innovative Learning Specialist 12 Instructional Coach 13 Instructional Dean 14 Library/Media Specialist 15 Literacy Coach 16 P K Resource Teacher 17 Potential Specialist 18 Program Specialist 19 Psychologist 20 School Testing Specialist 21 Social Worker 22 Speech/Language Pathologist 23 Staffing Specialist 24 Student Advocate (Bilingual) 25 Teacher 26 Technical Trainer 27 Clarifications of and amendments to the bargaining unit as defined above shall be by 28 mutual consent of the Board and the Association or, in case of dispute, by PERC 29 determination and shall be revised annually. 30

Section 2. The term "teacher," when used hereinafter in this Agreement shall refer to 31 all certificated teaching employees represented by the Association in the bargaining unit 32 as determined in the preceding paragraph. When the masculine "he" is used in this 33 Agreement it is understood that it shall also refer to the feminine gender. 34

The parties agree that all part-time teachers whose primary position in the Lake County 35 school system is to teach courses for which full-time certification is required shall be 36 considered members of the instructional bargaining unit and shall receive all benefits 37 thereof on a pro-rated basis. 38

2

ARTICLE II

BARGAINING PROCEDURE

Section 1. The Association and the Board agree to establish these procedures for 1 bargaining. Representatives of the two parties shall negotiate an agreement including the 2 determination of the wages, hours, and the terms and conditions of employment. Any 3 agreement so bargained shall be reduced to writing and signed by representatives of the 4 Association and of the Board. 5 Section 2. Members of both bargaining teams shall be empowered to present data, 6 exchange interests, brain-storm and to seek consensus in accordance with the principles 7 of interest-based bargaining. The representatives selected by each party shall have the 8 authority to make and accept proposals and counter-proposals, to sign tentative 9 agreements, and to recommend acceptance of agreements. 10 Section 3. Bargaining teams will meet in open sessions. Either team may ask for a 11 recess or caucus. The time and agenda for the next meeting will be established at the end 12 of each meeting. The rules of procedure listed in this Article may be changed at any time 13 by free consent of both teams. 14 Section 4. Bargaining and mediation sessions shall normally begin after 5:00 p.m. 15 unless another time is mutually agreed upon. School Board meetings concerning 16 ratification of a tentative agreement or consideration of a special master award shall also 17 normally be scheduled to begin after 5:00 p.m., unless circumstances require that the 18 meeting begin at an earlier time. Should a Board meeting concerning ratification of a 19 collective bargaining agreement or concerning consideration of a special master decision 20 be held during the teacher workday, ten (10) representatives of the Association shall have 21 the right to attend such a meeting provided that no more than two (2) are absent from any 22 one school center at no cost to the Board. 23 Section 5. Failure of either party to ratify the collectively bargained tentative 24 agreement shall cause the party who fails to ratify the tentative agreement to notify the 25 other party within five (5) days after the rejection and to request date, time, and place to 26 resume negotiations. 27 Section 6. Negotiations for a successor agreement shall begin on or before July 1 of 28 the year this Agreement is due to expire. This date may be postponed by mutual consent. 29 Section 7. 30 A. The Association agrees that upon completion of negotiations for a contract or any 31

amendments or modifications thereto, the tentative agreements reached between 32 the respective negotiators shall be submitted for a ratification vote to the bar-33 gaining unit within twenty (20) calendar days. 34

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B. The Board agrees that upon the completion of negotiations for a contract, or any 35

amendments or modifications thereto, the tentative agreements reached between 36 the respective negotiators shall be placed on the agenda for a ratification vote 37 within twenty (20) calendar days. 38

C. However, if any bargaining referred to in this Article is concluded during the 39

period of time in which the majority of the bargaining unit is not actively on the 40 job, the ratification process referred to in this Article shall be postponed until such 41 time as the majority of the bargaining unit is again actively on the job. In such 42 case the first day on which the majority of the bargaining unit is again actively on 43 the job shall be construed to be the concluding date for bargaining for the 44 purposes of ratification. 45

Section 8. Matters of common concern may be subject to bargaining during the term 46 of this Agreement upon the independent written request of either party and the free 47 agreement of the other. However, in accordance with the provisions of the Waiver 48 Article, neither party shall have an obligation to bargain during the term of this 49 Agreement. Any written request to bargain made by either party shall be responded to in 50 writing by the other party within five (5) working days. 51 Section 9. Changes which do not substantially affect the Agreement, such as a word 52 error or some other obvious error, may be changed by mutual agreement in a Memo of 53 Understanding between the parties. 54 Section 10. All parties to this Agreement shall be expected to abide by the provisions 55 of this contract. Violations may be subject to appropriate disciplinary and/or grievance 56 procedures. 57

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ARTICLE III

BOARD'S RIGHTS

It is understood and agreed that all of the rights, powers, and authority possessed by the 1 Board prior to the signing of this Agreement are retained by the Board except where 2 specifically abridged or modified by this Agreement. Accordingly, by way of illustration 3 and not of limitation, the Board reserves to itself sole jurisdiction and authority over 4 matters of policy and retains the following rights and responsibilities: (1) to direct 5 employees of the School District; (2) to hire, promote, transfer, assign and retain 6 employees in positions in the School District; (3) to take disciplinary action for proper 7 cause; (4) to relieve employees from duty because of lack of work or for other legitimate 8 reasons; (5) to maintain efficiency of the School District's operations; (6) to determine the 9 methods, means, and personnel by which such operations are to be conducted; and (7) to 10 take whatever actions may be necessary to carry out the mission of the School District in 11 situations of emergency. The exercise of any management rights by the Board shall not 12 be subject to the grievance-arbitration procedure herein unless the exercise of such a right 13 violates a provision(s) of this Agreement. 14

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ARTICLE IV

ASSOCIATION AND TEACHER RIGHTS

Section 1. The Association shall be entitled to the use of school facilities at 1 reasonable times which do not conflict with use by other groups by arranging such use in 2 advance with the building administrator, provided that the Association agrees to pay for 3 any custodial and/or utility charges determined by that building administrator to be 4 necessary. The determination as to whether a charge shall be made and the amount of 5 such charge, if any, to be levied against the Association, shall be made by the building 6 administrators and shall be based upon criteria equally applied to other groups using that 7 specific building or area of that building. Request for such use by the Association shall 8 not be denied arbitrarily. At the conclusion of the teacher workday, Association members 9 shall be entitled to hold brief Association meetings without being required to pay a 10 facility usage fee. Such meeting(s) shall not extend more than thirty (30) minutes beyond 11 the end of the teacher workday. 12 When school is not in session, building administrators may give teachers personal access 13 to their building and/or work area. 14 Section 2. The Association may post notices concerning routine Association business 15 on appropriate and specifically assigned bulletin boards provided by the Association in 16 each school. A copy of or description of any notice so posted shall be provided to the 17 building principal at the time of posting. 18 Section 3. The Association shall be entitled to use the schools' mailboxes for 19 communication to teachers through the postal service. Association members at the local 20 schools shall be entitled to use the school's mailboxes for receiving and distributing 21 communications to teachers provided that such use in no way hampers or interferes with 22 the orderly administrative operation of the school. 23 U.S. mail which is addressed to bargaining unit members and received at work sites will 24 be placed in teachers' mailboxes by office staff in a timely manner. 25 The President and Vice President of the Association shall be entitled to use the district’s 26 e-mail system for the purpose of updating Association Representatives and members of 27 the Board of Directors on new or changed Agreement language, LCEA announcements 28 and meeting notifications or communication beneficial to the district. The 29 Superintendent or his designee reserves the right to deny use of the district’s e-mail 30 system and such denial shall be non-grievable. 31 Section 4. So long as his conduct is in keeping with the standards of the teaching 32 profession and those of commonly accepted respectability and dignity of the community 33 in which he serves, the private and personal life of a teacher is not the concern of the 34

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Board except as it can be demonstrated that it interferes with his professional 35 responsibility to and his relationship with his pupils. 36 Section 5. 37 A. Personnel Files. 38

1. The setting up and maintenance of personnel files are legal responsibilities of 39

the Board. 40

2. All documents maintained concerning a teacher to be used for official 41 purposes shall be kept in the District Office personnel file. Files maintained at 42 the school or center level shall contain support information relating to 43 documents in the teacher's official file and shall be used for official purposes 44 as support information when necessary. 45

3. No derogatory materials relating to an employee's conduct, service, character, 46

or personality shall be placed in the personnel file of such employee except for 47 materials pertaining to work performance or such other matters that may be 48 cause for discipline, suspension, or dismissal under Florida Statutes. Any 49 anonymous letter or materials shall not be placed in the personnel file. 50

4. The official personnel file shall hold confidential those items defined as 51

confidential in Section 1012.31, Florida Statutes. The worksite file may not 52 contain any information, which is defined as confidential except for college 53 transcripts, the stat sheet and the current and previous year(s) evaluations. 54 Inspection of personnel files by anyone shall be governed by Florida Statutes. 55

B. Each teacher or his designee authorized in writing shall have the right, upon 56

request, to review the contents of his own district or school personnel file. The 57 teacher must make an appointment with the Personnel Office or the principal as 58 the case may be in order that an administrator or designee will be present when 59 the teacher's file is inspected. 60

C. A teacher may purchase a copy of any document in his personnel file, except those 61 considered privileged and/or confidential, upon making proper arrangements with 62 the Personnel Office. The decision as to what documents shall be included in or 63 excluded from a teacher's personnel file is a managerial prerogative of the Board 64 and/or its designee, except that any teacher may have included any written defense 65 or disagreement concerning any document contained in his personnel file, and 66 may grieve same. Teachers will sign such documents prior to insertion into the 67 personnel file and within one day to signify they have seen such material. Such 68 signature shall not indicate acceptance or approval of statements contained in such 69 material. 70

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Section 6. The Association may obtain agendas, packets for Board meetings, 71 position vacancy lists, revised and new job descriptions and revised and new board 72 policies at the district office on the regular dates of distribution. 73 Section 7. 74 A. The President and Vice President of the Association will, upon request, be granted 75

a leave of absence at no cost to the Board, for a period of up to one (1) year at a 76 time for the purpose of engaging in Association activities. The President and the 77 Vice President shall be entitled to participate in Board approved benefit plans 78 (health, life, Florida Retirement, social security) by paying his own and the 79 Board's contributions to all plans requiring such contributions. The Board shall 80 provide payroll services to the President and Vice President. The cost of such 81 services shall be reimbursed by the Association. At the conclusion of the leave, 82 the President and Vice President shall be returned to the teaching position held at 83 the commencement of the leave, if such position exists, or to a position of similar 84 status. 85

B. The Association will, upon approval of the Superintendent, be entitled to have its 86

members released from school on line-of-duty leave to attend workshops, 87 conferences, conventions, and other activities but must reimburse the district for 88 substitute teacher costs incurred. 89

Section 8. The Association shall be provided once each semester upon request with a 90 report on the number of students enrolled in each of the teachers' classes. The costs shall 91 be the normal charge as paid by other groups or persons. 92 Section 9. By October 1 of each year, the Board will provide the Association with the 93 names of all bargaining unit personnel listed (a) alphabetically within the district, and (b) 94 alphabetically within each school location/worksite. Any changes, additions or deletions 95 to this list shall be provided to the Association on a monthly basis after October 1 through 96 June 1 of each school year. 97 Section 10. The Board's courier system shall make a daily stop at the LCEA office for 98 the purpose of delivery of materials that are of benefit to the school system. Materials are 99 defined as and restricted to information generated by joint Board/LCEA committees, 100 communications between the offices of: Superintendent, Assistant Superintendents, 101 Director of Human Resources, Director of Finance, Director of Staff Development, Chief 102 Negotiator and the LCEA office. Any other material delivered by the Board's courier 103 system shall have prior approval by the Superintendent or his designee. The 104 Superintendent or his designee reserves the right to deny use of the courier system and 105 such denial shall be non-grievable. It is expressly understood that the LCEA shall not use 106 the Board courier system to conduct business operations with its membership or any other 107 Board employee group. 108

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Section 11. All employees shall be treated with respect and dignity in the workplace. 109 Section 12. The Union shall be permitted thirty (30) minutes at each new teacher 110 orientation throughout the school year to speak with all employees. Both parties agree 111 that employee attendance at this meeting is strictly voluntary and at no cost whatsoever to 112 the District. 113

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ARTICLE V

DUES/PAYROLL DEDUCTIONS Section 1. Dues Deduction. 1 A. Any Association member who has previously so authorized and is on dues 2

deduction at the beginning of this Agreement, or any teacher who subsequent to 3 the beginning of this Agreement applies for membership in the Association and 4 duly authorizes dues to be deducted from his salary through payroll deduction 5 shall have his Association dues and uniform assessments deducted through payroll 6 deduction. Such authorization shall continue in effect for the duration of this 7 Agreement unless revoked in writing to both the School Board and the Asso-8 ciation not less than thirty (30) days prior to the dues deduction date on which 9 termination of dues deduction is to become effective. Pursuant to such 10 authorization the Board shall deduct from each of the teacher's regular salary 11 checks the appropriate dues amount as designated by the Association. The 12 deductions shall be remitted within ten (10) days after deduction to the 13 Association with a list of names of those persons from whose salaries dues have 14 been deducted. 15

B. The Association shall indemnify, defend, and hold the Board harmless against and 16

from any and all claims that may arise out of action which the Board may take in 17 order to provide this service, unless the claim is attributable to an error solely on 18 the part of the Board. 19

C. It is understood that the LCEA authorization form for payroll deductions, as 20

published in the appendix, shall be the official one for the duration of this 21 Agreement. 22

D. Properly signed authorizations must be submitted to the payroll department at 23

least ten (10) working days prior to the next deduction date. 24

Section 2. Payroll Deduction. 25 A. Employees will be given one (1) additional payroll deduction slot which may be 26

used for deductions authorized by the employee in writing to the LCEA and the 27 School Board. Such deductions shall be submitted to the Board by the LCEA. 28 The LCEA will be responsible for providing the properly executed authorization 29 form(s) to the Board. 30

B. The Board shall deduct the authorized amount in equal deductions from the 31

teacher's salary check. 32

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C. The purpose for this additional deduction will be for a program of employee 33 economic benefits which is arranged by or through the LCEA and which is not in 34 competition with the School Board's health and hospitalization program. 35

D. All checks under this section shall be made payable to the company or fund 36

involved. The deductions shall be sent not less frequently than monthly to the 37 Association. 38

E. The Association shall indemnify, defend, and hold the Board harmless against and 39

from any and all claims that may arise out of action which the Board may take in 40 order to provide this service, unless the claim is attributable to an error solely on 41 the part of the Board. 42

F. Employees will make an authorization in writing through the LCEA to the School 43

Board as to the amount of the deduction. The amount of the deduction may be 44 changed with a properly authorized form prior to the deduction. This deduction 45 may be terminated upon written request to both the School Board and the LCEA 46 not less than thirty (30) days prior to the deduction date on which termination of 47 the deduction is to become effective. 48

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ARTICLE VI

NO STRIKES

The Association agrees that neither it nor its members shall participate in a strike against 1 the Board by instigating or supporting in any manner a strike. "Strike" means the 2 concerted failure of employees to report for duty; the concerted absence of employees 3 from their positions; the concerted stoppage of work by employees; the concerted 4 submission of resignations by employees; the concerted abstinence in whole or in part by 5 any group of employees from the full and faithful performance of the duties of 6 employment for the purpose of inducing, influencing, condoning, or coercing a change in 7 the terms and conditions of employment or the rights, privileges, or obligations of public 8 employment, or participating in a deliberate and concerted course of conduct which 9 adversely affects the services of the Board; the concerted failure of employees to report 10 for work after the expiration of this Agreement; and picketing in furtherance of a work 11 stoppage. The term "strike" shall also mean any overt preparation, including, but not 12 limited to, the establishment of strike funds with regard to the above-listed activities. 13

The Association further agrees that it will do everything in its power to prevent its 14 members from engaging in a strike and that in the event a strike does occur, the 15 Association will use all available means to effectuate a cessation of the strike activity. 16 It is expressly agreed and understood that in the event of a strike the Board may, in 17 addition to other remedies available to it under law, petition a court of competent 18 jurisdiction for appropriate relief. 19

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ARTICLE VII

NON-DISCRIMINATION

Section 1. The Board and Association agree that they will faithfully abide by state 1 and federal laws prohibiting discrimination against employees. 2 Section 2. The Board and the Association hereby agree that every teacher shall have 3 the right freely and voluntarily to organize, join, support, and benefit from the 4 Association, or to refrain from such activity. 5 Section 3. The Board and Association further agree that they will not discriminate 6 against any teacher by reason of his membership or nonmembership in the Association or 7 his active participation in the Association. The parties also agree that they will not 8 directly or indirectly discriminate against, discourage, deprive, or coerce any teacher 9 because of the exercise of any rights conferred by this Agreement. 10

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ARTICLE VIII

DISCIPLINE

Section 1. Disciplinary action by the Board shall be based upon proper cause. 1 Section 2. Disciplinary action shall follow the guidelines as stated in School Board 2 Policy 6.361, EMPLOYEE DISCIPLINE PLAN. This Progressive Discipline Method 3 consists of the following steps: 4 5 Step 1. Counseling 6 Step 2. Level I Reprimand 7 Step 3. Level II Reprimand 8 Step 4. Suspension 9 Step 5. Termination 10 11 Section 3. The Superintendent or Designee is not required to use this Progressive 12 Discipline Method and may administer discipline at any level, including termination, 13 based on the nature of the offense and the particular circumstances. 14 15 Section 4. In disciplinary cases the Association Member shall have the right to be 16 represented by the Association. Further, any Association Member shall be entitled to 17 have an Association representative present at any conference called by a supervisor at 18 which the Association Member has reasonable cause to believe that matters will be 19 discussed or actions taken which could result in disciplinary action. The Association 20 Member shall have the responsibility for requesting the presence of an Association 21 representative, and, except in emergency or unusual situations, the conference shall not be 22 held until the Association representative has been given an opportunity to be present. The 23 Association Member shall cooperate fully as to the matter(s) being investigated. 24 Section 3 5. Notwithstanding any other provision of this Agreement, representation of 25 employees by the Association shall be governed by the provisions of Section 447.401, 26 Florida Statutes. 27

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ARTICLE IX

GRIEVANCE PROCEDURE

Section 1. Purpose. 1 The purpose of this procedure is to secure, at the lowest possible administrative level, 2 equitable solutions to the problems which may arise affecting the welfare or working 3 conditions of employees. Both parties agree that proceedings shall be kept as informal 4 and as confidential as may be appropriate and legal at any level of the procedure. 5 Section 2. Definition. 6 A. A “grievance” is an alleged violation of this Agreement or any dispute with 7

respect to its meaning or application. 8 B. A “teacher” is any person in the bargaining unit covered by this Agreement. 9 C. An “aggrieved party” is the teacher or group of teachers who submit(s) a 10

grievance, signed at the appropriate step, or on whose behalf a grievance, signed 11 by the teacher(s) at the appropriate step, is submitted by the Association, or the 12 Association, who, when acting as a party in interest, submits a grievance, signed 13 at the appropriate step, by an official of the Association. 14

D. The term “employer” shall mean the School Board or the administration. 15 E. The term “Association” shall refer to the Lake County Education Association, 16

Inc., Local 3783, FEA, AFT, NEA, AFL-CIO. 17 Section 3. Process. 18

All grievances shall be filed on the official form and processed according to the 19 provisions of this Agreement. 20 Section 4. Time Limits. 21 Since it is important that grievances be processed as rapidly as possible, the number of 22 days indicated at each level is to be considered the maximum and every effort shall be 23 made to expedite the process before the deadlines are reached. Time limits specified 24 may, however, be extended by mutual written agreement. 25 All time limits herein shall consist of working days unless otherwise specified. 26 The failure of an aggrieved person to proceed from one step of the grievance procedure to 27 the next step within the time limits as set forth herein shall be deemed to be a waiver of 28 the grievance and shall constitute a waiver of any future appeal concerning the particular 29

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grievance. The failure of an administrator to communicate his decision to the employee 30 shall permit the employee to proceed to the next step in the grievance procedure. 31 Section 5. Procedure. 32 Step 1. In the event an employee believes he has a grievance, the employee shall discuss 33 the problem with his immediate supervisor as soon as possible. If the matter cannot be 34 resolved amicably, and if the employee wishes to proceed further, the employee shall file 35 a written grievance with his principal containing the following information: (1) the date 36 of the occurrence of the alleged grievance; (2) the contract article(s) allegedly violated; 37 (3) a complete statement of the facts giving rise to the grievance; (4) the names of 38 witnesses; (5) the relief sought. Such a grievance must be filed with the employee's 39 principal within fifteen (15) days after the grievant knew or should have known of the 40 incident which is the basis of the grievance. Within three (3) days after receipt of the 41 grievance, the principal or designee shall hold a meeting with the grievant to resolve the 42 grievance. The principal or designee shall indicate his disposition of the grievance within 43 five (5) days of the meeting held to resolve it. Such disposition shall be in writing and 44 shall be furnished to the grievant and to the Association. If the grievant is not satisfied 45 with the disposition at Step 1, or if no disposition is filed within the time limit, the 46 grievant may process the grievance to the next step. 47 Step 2. Within five (5) days after receipt by the grievant of the principal's disposition of 48 the grievance, the grievant shall file a request for review with the Superintendent or 49 designee, stating in detail the reason the grievant desires such a review. A copy of the 50 request shall be provided to the grievant's principal and to the Association. The 51 Superintendent or his designee(s) shall authorize the request for review to be investigated, 52 and within ten (10) days of the date that the request for the review was filed, the 53 Superintendent or designee shall conduct a meeting on the grievance. The grievant, his 54 principal, and the Association shall each be notified of the time and place of the meeting 55 and shall have the opportunity to be present and to be heard at the meeting. Within ten 56 (10) days of the meeting, the Superintendent or designee shall notify in writing all the 57 parties concerned of his findings. 58 Step 3. Within ten (10) days after receipt of the previous decision, or within twenty (20) 59 days of the previous step hearing if no response is forthcoming, the grievant/Association 60 may file a request for arbitration with the Federal Mediation and Conciliation Service. 61 The FMCS shall furnish a panel of seven (7) names from which each party shall have the 62 option of alternately striking three (3) names, thus leaving the seventh who shall be the 63 impartial arbitrator. A copy of the request to the Federal Mediation and Conciliation 64 Service shall be promptly furnished to the other party by the party requesting the panel 65 from the Federal Mediation and Conciliation Service. The arbitrator's decision will be in 66 writing and will set forth findings of fact, reasoning, and conclusions on the issues 67 submitted and, where permitted by law, may include a monetary award. 68

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Section 6. Special Provisions for Discipline Cases. 69 A. Suspension or dismissal during the school year. 70 1. Cases involving suspension or dismissal of an employee during the school 71

year shall be governed by the provisions of Sections 1012.33(6) and 72 120.57, Florida Statutes. An employee involved in such a case shall be 73 entitled to a hearing before a hearing officer assigned by the Division of 74 Administrative Hearings. 75

2. If the employee who is suspended or dismissed was on continuing contract 76

at the time such action was taken, such an employee shall have the right to 77 elect either to appeal such action through the statutory procedure of 78 Section 1012.33(6), Florida Statutes, or to appeal the action through 79 arbitration. If the employee chooses to utilize the statutory procedure, the 80 employee waives arbitration. Similarly, if the employee chooses arbi-81 tration, the employee waives the statutory procedure. In no case shall an 82 employee have the right to pursue the suspension or dismissal through 83 both arbitration and statutory procedure. 84

3. If the employee who is suspended or dismissed by the Board is on annual 85

contract, and the employee wishes to appeal the decision of the Board, 86 such an employee must do so through the arbitration procedure of this 87 Agreement. 88

4. If an employee elects to appeal the decision of the Board in a dismissal or 89

suspension case to arbitration, the employee must file a written request for 90 arbitration with the Superintendent within five (5) days after the employee 91 is notified of the action taken by the Board. Thereafter, the procedure for 92 selection of an arbitrator shall be that specified in Step 3 of the grievance 93 procedure of this Agreement. 94

5. In arbitrations involving suspension or dismissal, the arbitrator shall be 95

bound by the following standards in addition to those contained in Section 96 7 of this Article: 97

(a) "Proper cause" for suspension or dismissal shall be those offenses 98

specified in Section 1012.33(6), Florida Statutes. 99 (b) The arbitration shall be considered as an appeal from the decision 100

of the School Board. Accordingly, the arbitrator shall consider 101 whether or not the decision of the School Board regarding the 102 charges against the employee is supported by substantial competent 103 evidence on the record considered as a whole. The arbitrator may 104 not reject or modify findings of fact unless the arbitrator first deter-105

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mines from a review of the complete record, and states with 106 particularity in his decision that said findings were not based upon 107 competent evidence. The arbitrator shall have no authority to 108 substitute his discretion for that of the School Board with respect to 109 the severity of the penalty imposed upon the employee by the 110 School Board unless the employee can demonstrate that the penalty 111 imposed was arbitrary and capricious under the circumstances. 112

(c) Priority shall be given to deciding dismissal and suspension cases 113

and the arbitrator shall make his best effort to decide these cases 114 within fourteen (14) days of the hearing. 115

B. Other forms of discipline. 116 l. Disputes concerning discipline other than suspension or dismissal shall be 117

processed through the grievance-arbitration procedure of this Agreement. 118 2. “Proper cause” for such disciplinary action (i.e., discipline other than 119

suspension or dismissal) shall include, but shall not be limited to, those 120 offenses described in Section 1012.33(6), Florida Statutes, and it is 121 expressly agreed and understood that discipline (excluding suspension and 122 dismissal) may be taken against an employee not only for the offenses 123 specified in said statute but also for lesser offenses. 124

3. The arbitrator shall have no authority to substitute his discretion for that of 125

the Superintendent with respect to the severity of the penalty imposed 126 upon the employee by the Superintendent, unless the employee can 127 demonstrate the penalty imposed was arbitrary and capricious under the 128 circumstances. 129

Section 7. Powers of Arbitrator. 130 A. It shall be the function of the arbitrator, and he shall be empowered, except as his 131

powers are limited below, after due investigation, to make a decision in cases of 132 alleged violation of the specific articles and sections of this Agreement. He shall 133 have no power to add to, subtract from, disregard, alter, or modify any of the 134 terms of this Agreement. 135

B. The arbitrator shall have no power to change any policy, or rule of the Board, nor 136

to substitute his judgment for that of the Board as to the reasonableness of such 137 policy or rule. 138

C. If either party disputes the arbitrability of any grievance under the terms of this 139

Agreement, the arbitrator shall decide if the grievance is arbitrable, subject to 140 judicial review in accordance with law. 141

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D. The decision of the arbitrator in any case shall not require a retroactive wage 142

adjustment in any other case. 143 E. All arbitration cases shall be conducted and considered as an appellate process, 144

and the grievant shall have the burden of proof in all cases except for discipline 145 cases. 146

F. Actions of the Board, except those which violate the terms and conditions of this 147

Agreement, shall be exempt from arbitration. 148 Section 8. Other Provisions. 149 A. Costs. 150

The costs for the services of the arbitrator, including per diem expenses, if any, 151 and actual and necessary travel, and the cost of the arbitration process shall be 152 borne equally by the Board and the Association. 153

The Association shall not be responsible for costs of the arbitrator or the 154 arbitration process if the Association does not desire to carry a specific grievance 155 to arbitration. In such case the grievant(s) may proceed to arbitration indepen-156 dently, provided that the costs thereof are assumed by the grievant(s). The 157 Association, however, shall be entitled to be present during the arbitration 158 process. In no case shall the Board be responsible for more than one-half (l/2) of 159 the cost of the arbitrator or the arbitration process. 160

B. Release Time. 161

Step 1 of the grievance procedure shall be initiated during the regular teacher 162 workday and may be extended by mutual agreement. 163

C. Representation. 164 1. Any employee who is a member of the Association shall have the right to 165

have Association representation during the grievance procedure and shall 166 not be required to discuss his grievance if such representative is not 167 present. Upon request to the Association, non-Association employees of 168 the bargaining unit may have the Association process grievances. Such 169 representation shall be at the discretion of the Association. Any employee 170 shall have the right to process his own grievance(s) at any time, in person 171 or by legal counsel, and to have such grievance(s) adjusted without the 172 intervention of the Association, if the adjustment is not inconsistent with 173 the terms of this Agreement, and provided the Association has been given 174 reasonable opportunity to be present at any meeting, including arbitration, 175

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called for the resolution of such grievance(s) and to present its position 176 concerning the dispute, and provided that no employee organization other 177 than the Association be allowed to intervene in the process of the 178 resolution of such grievances. 179

2. In dealing with the processing of grievances, Association representatives 180

may be granted reasonable access to school personnel during the working 181 day where in the opinion of the principal such would not interfere with the 182 duties or responsibilities of the persons involved. 183

D. No Reprisals. 184

No reprisals shall be invoked against any party(ies) for processing a grievance or 185 participating in any way in the grievance procedure. Documents of any kind or 186 form pertaining to the initiation, processing, or settlement of any grievance shall 187 be placed in a confidential file established solely for this purpose. 188

E. Communication. 189

Each of the parties shall provide to the other, where legal, all materials, 190 communications, decisions, or other information relative to the processing of any 191 grievance. A fair and equitable cost may be charged to the requesting party. 192

F. Any grievance arising under this Agreement shall be processed through the 193 grievance procedure as outlined herein until resolution is reached or the grievance 194 is withdrawn. With the mutual consent of the parties, mediation shall be an 195 option at any step. 196

G. End of the Year Grievance. 197 198

In the event a grievance is filed on or after June 1, which, if left unresolved until 199 the beginning of the following school year, could result in irreparable harm to a 200 party in interest, the time limits set forth herein shall be reduced so that the 201 grievance procedure may be exhausted prior to the end of the school term, or as 202 soon thereafter as is practicable. 203

H. Grievances involving the Association and grievances involving more than one (1) 204 teacher or more than one (1) school center shall begin at Step 2. 205

I. All grievances and responses must be submitted on the official forms provided for 206

use with this Agreement. 207 J. Withdrawal of Grievance. 208

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The grievant(s) may withdraw a grievance at any point in the procedure provided 209 that the same grievance shall not be filed a second time. 210

K. The filing of a grievance shall in no way interfere with the right of the Board to 211 proceed in carrying out its management responsibilities, subject to the final 212 decision of the grievance. 213

L. The grievant must be present at all grievance hearings unless an emergency arises 214

or it is agreed by both parties that the hearing will be postponed or that the 215 grievant's presence is unnecessary; otherwise the grievance will be considered 216 waived. 217

M. In the event the alleged grievance involves an order, requirement, etc., the 218

grievant shall fulfill or carry out any such order or requirements, etc., pending the 219 final decision of the grievance. 220

N. Any written agreement reached between the Board and the Association is binding 221

on all parties affected and cannot be changed by any individual. 222 O. Step l of this Grievance Procedure may be passed to the next level for any reason 223

as determined by the Board or its representative (e.g. no authority to make the 224 decision). In such cases, the reason, therefore, shall be stated on the proper 225 grievance form. 226

P. Notwithstanding any other provision of this Agreement, disputes or matters 227

involving the renewal or non-renewal of contracts shall not be subject to the 228 grievance/arbitration procedure of this Agreement. Such matters will be dealt 229 with under the procedure contained in ARTICLE XIII. 230

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ARTICLE X

TEACHING CONDITIONS Section 1. Special Duties. 1 A. Extra- and Co-curricular Duties. 2

When the building administrator determines teachers are needed to perform extra-3 curricular duties and to participate in other school-related activities for which no 4 supplement is paid during and beyond the normal teacher workday and teachers 5 are assigned to such duties by the building administrator in order to implement the 6 total school program, the building administrator shall make every effort possible 7 to receive input from the faculty, including but not limited to, recommendations 8 and suggestions from the faculty and/or a faculty selected committee as well as 9 equitable rotation procedures in determining the assignments of such duties. 10

Teachers performing extra- and co-curricular duties after the normal teacher 11 workday shall be entitled to equal release time during the workday other than 12 pupil time, arrangements being made and approved by the school principal. 13

B. Non-instructional duties during the school day which teachers shall be expected to 14 perform are those non-teaching duties normally associated with teaching such as, 15 but not limited to, bus duty, lunchroom duty, playground duty, hall duty, lavatory 16 duty, assembly duty, and supervision of other places where pupils may congregate 17 during the school day. 18

C. It is the desire of the parties to reduce the normal school day non-instructional 19

duties of teachers wherever practicable in order to provide teachers with more 20 time for student contact and other instruction-related activities. Where such 21 duties are necessary, the building administrator shall make such assignments 22 according to the process delineated in this paragraph and shall make every effort 23 possible to receive input from the faculty, including but not limited to, recom-24 mendations and suggestions from the faculty and/or faculty-selected committee as 25 well as equitable rotation procedures in determining the assignments to such 26 duties. 27

Section 2. Teachers will be provided with supplies, textbooks, materials, and 28 equipment determined by the Board to be essential to teaching and courses assigned. In 29 requesting supplies, textbooks, materials, and equipment, teachers will be entitled to 30 receive sufficient financial information to enable them to present requests in priority. 31 If a teacher believes he needs additional materials, special materials, or special assistance 32 for mainstreamed students or for students for whom English is a second language, the 33 teacher will bring this request to the principal’s attention. If the principal has the 34

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authority to grant or deny the request, the principal will do so as soon as possible. If not, 35 the principal will bring the request to the attention of the appropriate administrator in the 36 District Office for disposition. The teacher shall be advised of the disposition. 37 The local school budget shall be made available for faculty information. 38 Section 3. Teachers will be provided with an area or space in which to work and each 39 school shall make available to teachers an accessible process for use in preparing 40 instructional material needed. The nature of the area may vary depending upon local 41 conditions. Areas designed for security shall be provided in this space or another space in 42 the building. 43 Where practicable, when a teacher is required to move from classroom to classroom in 44 order to provide instruction (floating teachers), the administration will attempt to locate 45 classrooms in the same general area of the school facility and, whenever possible, assign 46 more experienced teachers to handle such assignments. 47 Section 4. Within its ability, the Board shall make available in each school a lunch 48 area, restroom and lavatory facilities, and parking area exclusively for employee use, and 49 at least one area which shall be reserved for use as a faculty work area. 50 Section 5. Telephones will be available to teachers for reasonable use at all schools. 51 To the degree possible, teachers shall be afforded privacy in use of the telephone. 52 Teachers shall not be required to post local telephone calls. Official school business shall 53 take precedence over all other uses of the telephone. 54 The use of technology, including electronic communication devices, for academic 55 learning is encouraged, but the use of these devices shall be directly related to academic 56 instruction. To maximize teaching and learning, protect student learning time, and 57 provide a safe learning environment, the use of all electronic communication devices, 58 including but not limited to personal data assistants (PDAs), email and telephones/cell 59 phones, are permitted only during duty-free time. Any exception requires prior 60 administrative approval. 61 Section 6. Messages may be received at the school for teachers. Incoming messages 62 shall be received and noted as to date, time, and name of sender and placed in the 63 teacher's mailbox. Messages should be delivered to the teacher upon receipt if it is 64 determined that such messages are of emergency nature. 65 Section 7. Both parties acknowledge the responsibility of the building administrator 66 to exercise the authority to reassign temporarily any teacher's duties to meet any 67 emergency situations. In emergency situations, teachers may be required to cover a class 68 or an assignment for another teacher. For the purpose of this section, an emergency shall 69 mean something unexpected, unavoidable, or unplanned. Teachers shall be expected, in 70 the performance of their duty, to do what any prudent person would be expected to do 71

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under similar circumstances except that no teacher shall be required to perform any act 72 which may reasonably be considered to endanger the health, safety, or well-being of the 73 teacher. The building administrator, with input from the faculty, shall develop plans to 74 deal with emergency situations. Such plans shall use faculty-developed equitable rotation 75 procedures involving the use of all qualified personnel. Emergency communication 76 procedures shall be established for each classroom. 77 Section 8. Every teacher shall exercise professional judgment in teaching course 78 content and in planning for its implementation. In so doing, it is understood that the 79 teacher is accountable for the results of his judgment and meeting current state mandates. 80 Teachers shall be expected to establish and encourage high standards of student 81 performance, which are professionally defensible and appropriate for the learning 82 situation involved. District curriculum guides shall be used by teachers in planning and 83 teaching course content, and teachers shall be responsible for teaching required skills. 84 For auditing purposes, the official form for documenting required skills/standards shall be 85 used. 86 Teachers shall be required to maintain daily and long-range lesson plans, but such plans 87 need not follow a standardized format. Lesson plans shall include information identifying 88 course outline items. Such plans shall be made available on a daily, weekly, and/or 89 alternate basis as requested by the principal. 90 Section 9. Teachers shall make themselves available for student and parent 91 conferences. Where practicable, conferences dealing with parent/student/teacher 92 concerns will be scheduled at times convenient for all parties concerned; timely 93 notification as well as opportunity for input and feedback will be provided. The principal 94 shall have the final authority in setting conference times and dates. 95 Where practicable and in circumstances where a teacher refers a student to a special 96 program or other instructional setting, the referring teacher may participate in any 97 conference(s) relating to that placement. The principal shall have final authority in 98 setting the time for conferences. 99 Every reasonable effort shall be made in each school to provide a facility for private 100 conferences. 101 Section 10. Teachers shall not be required to attend meetings held for the solicitation 102 of non-instructional materials. 103 Section 11. Every reasonable effort shall be made to reduce the money-collecting 104 responsibilities of teachers. 105

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Section 12. Teachers shall be notified in writing of their tentative fall teaching 106 assignments prior to the close of the preceding year. Whenever circumstances dictate 107 changes in assignments, building administrators shall notify teachers with an explanation. 108 Section 13. Teacher planning days which occur during the student school year shall be 109 used primarily for self-directed activities such as maintaining and updating records, 110 planning for the next term, and for faculty and/or departmental meetings at the local 111 school. Any other activity must have the specific permission of the building 112 administrator. 113 Section 14. Observations of a teacher’s class by persons other than district/school 114 administrative/supervisory personnel and other authorized personnel may occur only after 115 consent has been granted by the building administrator and after conferring with the 116 teacher involved. 117 Section 15. Unless otherwise modified by the terms of this Agreement, teachers shall 118 use the school day for carrying out their assigned responsibilities. 119 120 Section 16. To facilitate student and parent monitoring of student progress, timely 121 reporting of grades on the district approved electronic reporting system in expected. 122 123

A. Regular posting of grades should occur within one week of the 124 assignment/assessment due date. 125

B. Posting of grades for some assignments/assessments may require 126 additional time. These may include projects, extended writing and 127 Document Based Questions (DBQ’S). 128

Section 16 17. The reporting of final grades at the conclusion of the first and third 129 marking period shall not be required prior to the close of the second workday following 130 said period. A minimum of one (1) of the two (2) workdays shall be without students 131 present. 132 Early release days shall be provided at the end of each major grading period for the 133 purpose of assisting teachers in administering and grading student examinations at the 134 middle and high school level and providing planning time for teachers at the elementary 135 level. 136 Section 17 18. 137 138 A. The Effective Teaching Center shall continue to operate in a manner consistent 139 with its original goals and objectives as expressed in the initial proposal approved in 140 1985- 86. 141 142

1) The established curriculum includes but is not limited to pedagogical research, 143 cooperative learning, critical thinking, thinking mathematics, family involvement, 144

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multiple intelligences, pedagogical research for administrators and School Board 145 members, classroom action research, collaborative action research for schools, 146 reading, and training which relates to accountability. 147

148 2) The ETC will work cooperatively with school district departments to provide the 149 latest in educational research to teachers. Every effort will be made to inform the 150

stakeholders in both organizations of new curricular offerings and to coordinate 151 their implementation. Implementation of research components developed by the 152 ER&D department of the American Federation of Teachers shall remain the 153 priority. 154 155

B. The cost of operating the Center shall be borne by the Board and the LCEA as 156 agreed to in the Board approved budget for the current fiscal year. 157 158 C. Classes for the Effective Teaching Center may be held at the Lake County 159 Schools’ Learning Resource Center and office space for the Program Specialist will be 160 provided at the Lake County Schools’ Learning Resource Center. 161 162 D. The Program Specialist for the Effective Teaching Center shall continue to be 163 selected by LCEA and the Director of Staff Professional Development and Leadership 164 and submitted to the Superintendent for approval. The Program Specialist shall be 165 trained by LCEA and the Superintendent as appropriate. The position shall be approved 166 by the Board as “Teacher on Special Assignment” for the current fiscal year for the 167 purpose of implementing the program for Lake County. 168 169 E. Except as otherwise noted herein, the Program Specialist’s compensation and 170 fringe benefits shall be the same as those provided had the Program Specialist been on a 171 normal teaching contract. 172 173 F The Program Specialist for the ETC shall earn sick leave for the current fiscal 174 school year and shall report to the designated district administrator for attendance and 175 payroll purposes. 176 177 G. The work year of the Program Specialist shall be 216 days. Periodic observations 178 and the final assessment shall be conducted by the designated district administrator as 179 provided for in Article XI (Teacher Evaluation) of the negotiated contract. The LCEA 180 President shall provide input to the Program Director concerning the fulfillment of the 181 Program Specialist responsibilities in the ER&D program using the Lake County 182 Instructional Instrument. 183 184 H. Upon returning to regular teaching status, the Program Specialist shall be placed 185 on the appropriate salary step. Salary experience shall be granted for each year of 186 employment as a “Teacher on Special Assignment” due to the mutual benefit provided by 187 this program for both parties. 188 189

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I. The duties and responsibilities of the Program Specialist shall: 190 191

1) Coordinate, consult and instruct for the ER&D Program in Lake County; 192 193 2) Assist with coordination of related inservice needs appropriate to the ER&D 194

Program in liaison with the Office of Staff Professional Development 195 Department, the Joint Committee on Evaluation, and the District Advisory 196 Council; 197 198

3) Participate in conferences which provide updated research in effective teaching 199 Strategies and techniques and serves as consultant for ER&D Program to 200 interested groups outside Lake County. If conference participation and consultant 201 services require workday absence, joint approval must be obtained from the 202 LCEA President and the assigned district administrator; 203

204 4) Plan for and provides training in ER&D effective teaching practices and in other 205

effective teaching projects approved jointly by the LCEA and the Board; 206 207

5) Provide feedback to state and national levels on research application feedback 208 and on new research possibilities; 209

210 6) Maintain accurate, up-to-date records on all participants in ETC classes; 211 212 7) Collaborate with teachers, principals, and personnel in sharing and otherwise 213

disseminating appropriate information about effective teaching practices and 214 related ER&D Program material; 215

216 8) Assume responsibility for securing and/or developing necessary forms and 217

materials for implementation of the ER&D Program, as needed; 218 219

9) Assist in writing inservice components appropriate to the ER&D Program, and 220 assist in writing and conducting, applicable inservice components for Staff 221 Professional Development when approved jointly by the LCEA President and the 222 Superintendent. 223

224 10) Provide assistance in the development of intervention team strategies to assist 225

teachers experiencing performance difficulties; 226 227

11) Assist in the identification of a resource bank of teachers for district use in sharing 228 of peer expertise; 229

230 12) Serve as resource person in collaborative efforts involving school district and/or 231

LCEA with university(ies) and the Florida Department of Education engaged in 232 projects/research pertaining to the Effective Teaching Center’s Educational 233 Research and Dissemination Project (ER&D); 234

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13) Submit to the Program Director an end-of-the-year evaluation of the program to 235 be included in the report to the President of LCEA and the designated district 236 administrator. 237

238 14) The activities of the Program Specialist in carrying out program responsibilities 239

shall be directed by the Program Director. 240 Section 18 19. Guidelines jointly developed and approved by the Superintendent for the 241 selection of Lake County’s Teacher of the Year Program shall be reviewed annually in 242 order to comply with the State Department of Education timelines. 243 Section 19 20. On occasions when the teacher is absent for a minimum of one (1) school 244 day or longer, and provided that a suitable substitute is available, the Board agrees that 245 such substitute will be provided except in situations where an (other) teacher(s) 246 voluntarily agree(s) to cover the class(es) or assignment(s) of the absent teacher, or in 247 those situations where no substitute is required. Beginning with the 2003-2004 school 248 year, an electronic substitute placement system will be used to provide substitutes. 249 Section 20 21. 250 A. Each teacher or other member of the staff of any school shall assume such 251

authority for the control of pupils as may be assigned to him by the principal and 252 shall keep good order in the classroom and in other places in which he is assigned 253 to be in charge of pupils, but he shall not inflict corporal punishment before 254 consulting the principal or his designee, and in no case shall such punishment be 255 degrading or unduly severe in its nature. Under no circumstances may a teacher 256 suspend a pupil from class unless appropriate district procedures jointly developed 257 by the parties and consistent with Florida Statutes are followed. When, in the 258 judgment of the teacher, a student is by his behavior seriously disrupting the 259 instructional program to the detriment of other students, the teacher may refer the 260 student to the principal or his designee. The principal or his designee shall 261 provide assistance and support to teachers in the handling of these referrals, and 262 shall respond in writing to the teacher making said referral by noting the action 263 taken by the administrator involved. The teacher may request a conference with 264 the principal or his designee and possibly an appropriate specialist as soon as 265 possible to discuss the problem and to decide upon appropriate steps for its 266 resolution. 267

B. A teacher may send a student to the principal’s office to maintain effective 268

discipline in the classroom. The school referral form shall be used and reflect the 269 teacher’s recommendation when applying discipline. The principal shall employ 270 appropriate discipline-management techniques consistent with the code of conduct 271 under Section 1006.07, Florida Statutes, and report his actions to the teacher. 272

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A teacher may remove a student from class and send the student to the principal’s 273 office: (1) when the student’s behavior has been documented by the teacher to 274 repeatedly interfere with the teacher’s ability to communicate effectively with the 275 students in the class or with the ability of the student’s classmates to learn; or (2) 276 when the teacher determines that the student’s behavior is so unruly, disruptive, or 277 abusive that it seriously interferes with the teacher’s ability to communicate 278 effectively with the students in the class or with the ability of the student’s 279 classmates to learn. 280 The teacher is responsible for providing and maintaining all documentation 281 required for the removal of a student from the teacher’s class. The teacher’s 282 documentation shall include at least three (3) interventions at the classroom level 283 (one must be parental contact); at least three (3) referrals (Level II or chronic 284 Level I disruptions) to the office for disciplinary action; and, a conference with the 285 teacher, student, and administration which may include the parent when possible. 286 The teacher will use the agreed upon form found in Appendix E. 287 If a teacher removes a student from class, the principal may place the student in 288 another appropriate classroom, in in-school suspension, or in an alternative 289 education program; or the principal may recommend the student for out-of-school 290 suspension or expulsion as appropriate. The student may be prohibited from 291 attending or participating in school sponsored or school-related activities. The 292 principal may not return the student to that teacher’s class without the teacher’s 293 consent unless the committee established herein determines that such placement is 294 the best or only available alternative. The teacher and the Placement Review 295 Committee must render decisions within five (5) workdays of the removal of the 296 student from the classroom. Records of all decisions of the committee shall be 297 maintained which include among other things the student’s name, the teacher’s 298 documentation, the teacher’s recommendation, the committee’s decision and the 299 committee’s rationale for the decision. 300 Each school shall determine the number of Placement Review Committees 301 appropriate for its grade configuration and the length of time to be served by the 302 committee members. Each school shall establish Placement Review Committees 303 to determine placement of a student when a teacher withholds consent to return a 304 student to the teacher’s class. Committee membership must include at least the 305 following: two (2) teachers elected by the eligible bargaining unit members at the 306 school, one (1) member of the school staff selected by the principal, one (1) 307 teacher alternate elected by the eligible bargaining unit members at the school. 308 An alternate shall serve when a regular teacher member is unable to serve. 309 Sufficient teacher alternates shall be elected to ensure that the Committee will 310 have at least one teacher available for the grade level range or subject area in 311 which the disruptive student is enrolled. If the size of the Committee is 312 increased, the ratio of two elected by the faculty and one selected by the principal 313 shall be maintained. 314

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Any teacher who exercises the option to remove twenty-five percent (25%) of his 315 or her class enrollment during the class year or course term shall be required to 316 complete professional development activities to improve classroom management 317 skills. The district shall be responsible for providing that component at 318 reasonable times and places. The required activity(ies) must be completed before 319 the beginning of the next school year. 320

Section 21 22. A teacher may act as necessary and appropriate to protect himself from 321 attack or to prevent injury to another person. 322 Section 22 23. The Board or its representatives upon any complaint by a parent or student 323 directed toward a teacher may investigate the problem until a reasonable solution is 324 achieved. Any complaint regarding a teacher made to the administration by any parents, 325 students, or other person, which is considered in a written evaluation of a teacher's 326 performance or which may result in disciplinary action, will be promptly called to his 327 attention. Such notification to the teacher shall include the name of the parent, student, or 328 other person lodging the complaint. 329 Section 23. Any teacher formerly holding a continuing contract or professional service 330 contract in Lake County who is reemployed by the Board may be issued a professional 331 service contract upon completion of any and all bargained criteria including one (1) year's 332 successful service and a score of 12 on the final IPPAS assessment. Any teacher formerly 333 holding a continuing contract or professional service contract in another Florida district 334 who is employed by the Board may be issued a professional service contract upon 335 completion of any and all bargained criteria including two (2) years' successful service 336 and a score of 12 on the final IPPAS assessment of the second year. 337 Section 24. No teacher shall be required to accept and supervise a student teacher or 338 any other type of teacher trainee, nor shall teachers who accept be held responsible for 339 any actions or judgments on the part of such persons operating in instructional settings as 340 a part of preservice programs. Teachers who do agree to such supervisory assignments 341 shall be informed of guidelines under which trainees will operate and will be responsible 342 for seeing that these guidelines are followed. 343 Section 25. To the extent possible, teachers shall have the opportunity to be present at 344 the interviewing of teacher aide applicants with whom the teachers shall work. The 345 principal shall have the final authority to recommend the teacher aide for appointment. 346 Section 26. Where practicable, teachers and/or faculty-appointed committees shall be 347 given the opportunity to make recommendations to the building administrator in studying, 348 planning, and implementing programs of study and other operational procedures of the 349 school and shall be encouraged to become actively involved in matters which directly 350 affect students. The recommendations of the teachers and/or faculty-appointed 351

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committees shall not be altered; however, the decisions of the building administrator shall 352 be final in all cases. 353 Section 27. The Board agrees that it will provide assistance, including consultation 354 with the Board's attorney, to teachers in situations involving alleged violations of 355 Sections 784.081, 1006.145 and 1012.26, Florida Statutes, where the Board determines, 356 in its discretion, that such assistance is proper and appropriate. 357 Section 28. When teachers are called upon to perform medical or hygiene procedures 358 for students, they shall do so in accordance with Florida Statutes and shall receive 359 adequate training prior to providing assistance. 360 Section 29. It is not the responsibility of the Association or of the members of the 361 bargaining unit to exercise administrative or supervisory functions in the management of 362 the schools. 363 In the event, however, that it becomes necessary for the principal of a school to be away 364 from the school grounds, he may assign administrative duties to a member of the 365 bargaining unit of that school provided that such member agrees to assume such 366 administrative function. 367 Section 30. Any overpayments or underpayments which are made to a teacher by the 368 school system shall be correctly adjusted prior to the end of the contract year according to 369 a payment schedule agreed upon by the teacher and the representatives of the school 370 system Finance Office, unless by mutual consent an alternate arrangement is negotiated. 371 Section 31. Classrooms will not be interrupted through the use of intercommunication 372 systems more than absolutely necessary; if abuse of this provision occurs, teachers shall 373 be entitled to recommend remedies for eliminating such abuse. The principal shall have 374 the final authority in the control and operation of the intercommunication system. 375 Section 32. No Tobacco Use. 376 A. In order to safeguard the health and safety of all employees in the Lake County 377

School District, the parties agree that, effective January 1, 2000, the use of all 378 tobacco products is prohibited in all School Board facilities, on all School Board 379 property and in all School Board vehicles. 380

B. The Board agrees to provide bargaining unit employees with information about 381

programs that are available to assist employees in their efforts to quit and/or 382 reduce use of tobacco products. However, costs incurred by the efforts of an 383 employee to cease or reduce tobacco use shall not be the Board’s responsibility. 384

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Section 33. Drug Free Workplace. 385 The School Board of Lake County and the Lake County Education Association subscribe 386 to, support, and promote the goal of a drug free workplace in accordance with Section 387 112.0455, Florida Statutes - Drug Free Workplace Act. 388 The Drug Free Workplace policy ratified by the Board and the LCEA during the 1990-91 389 school year and as amended in 1992 shall be a part of this Agreement. Please refer to 390 School Board Policy 6.33, Alcohol and Drug-Free Workplace 391 Section 34. Dress Code: 392 The LCEA and the Board agree that teachers shall be expected to dress in a professional 393 manner which promotes mutual respect from students, colleagues, and the general public. 394 Attire shall not be offensive or adversely distracting, and it shall adhere to basic standards 395 of good grooming, personal cleanliness, modesty, and safety. Teachers shall wear 396 clothing appropriate to their job assignments, including the wearing of special protective 397 gear when needed. Casual attire shall be allowed on designated days and/or for 398 designated activities as long as it meets generally accepted standards for appropriateness 399 in the workplace. In the event an administrator believes a teacher’s dress or appearance 400 fails to meet district professional standards, the administrator shall have the right to 401 confer with the employee and to require that improvements be made. 402 Section 35. Work Place Safety Committees: 403 A. In order to promote health and safety in places of employment in the Lake County 404

School District, the LCEA and the Board agree that a workplace safety committee 405 shall be formed at each school and departmental work site in the District. The 406 committee shall be governed by Section 442.012, Florida Statutes. The goal of 407 the committee shall be to reduce the occupational hazards confronting employees. 408

B. The LCEA shall appoint no more than two (2) representatives to each school and 409 departmental safety committee. One of the work site administrators shall be a 410 member of each committee. Management may also appoint an additional 411 employee who is not included in the bargaining unit. 412

C. Committee activities shall include, but are not limited to, examining records; 413

investigating workplace accidents, safety-related incidents, illnesses and deaths; 414 conducting workplace inspections; conducting surveys of workers; conducting 415 employee interviews; determining health and safety training needs; and making 416 recommendations to reduce the occupational risks confronting employees. 417 Bargaining unit employees who are appointed to the committees shall be 418 compensated their regular hourly wage while engaged in workplace safety 419 committee training, meetings or other duties belonging to the committee as 420 prescribed by law. 421

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ARTICLE XI

TEACHER EVALUATION Section 1. The evaluation and assessment of the performance of each teacher is solely 422 the responsibility of the administration and may not be delegated. 423 Section 2. It is agreed further that the primary objective of the Instructional Personnel 424 Appraisal System (IPPAS) Teacher Evaluation and Achievement Model (TEAM) is to 425 improve the quality of instruction, encourage professional growth and promote student 426 achievement. 427 Section 3. Teaching performance shall be evaluated in light of all evidence pertinent 428 to the discharge of the teacher's professional responsibilities and his exercise of 429 professional judgment. 430 Section 4 3. The designated administrator Teachers shall be oriented all teachers under 431 his supervision to the evaluation model, procedures and criteria during within the first six 432 (6) weeks of employment each school year or date of employment. 433 Section 5 4. The assessment evaluation of teaching performance of all teachers will 434 occur annually, using the appropriate assessment form evaluation instrument, and 435 according to the following provisions TEAM Procedural Guide: 436 A. Annual contract Probationary teachers will be formally assessed evaluated once 437

each semester following the approved TEAM procedures and meeting current 438 state mandates.. They will be observed for purposes of evaluation at least once 439 each semester before the formal assessment is done if no unacceptable areas of 440 performance are noted. Teachers will be observed at least twice each semester 441 before the formal assessment is done if any unacceptable areas of performance are 442 identified. 443

B. Teachers holding continuing, or professional service, or annual contracts will be 444

observed evaluated for purposes of evaluation at least once each year before the 445 formal assessment is done following the approved TEAM procedures and 446 meeting current state mandates. 447

C. All formal assessments must include at least twenty (20) consecutive minutes of 448

classroom/active duty observation. 449 D C. Under normal circumstances a conference between the teacher and the assessor 450

who conducted the formal observation shall be held within five (5) working days 451 of the time of the observation was performed. 452

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Section 6 5. 453 A. Observations of a teacher’s performance may occur as often as the assessor deems 454

necessary. 455 B. All monitoring or observation of the work performance of a teacher will be 456

conducted openly. 457 Section 7 6. 458 A. The LCEA and the School Board agree that the IPPAS TEAM Joint Committee, 459

composed of an equal number of representatives from each party, will continue to 460 coordinate and monitor development and implementation of the assessment 461 evaluation process. The IPPAS uses evaluation techniques based on modern 462 research findings and provides objective validation of instructional competencies 463 and recognition of commendable performance/service. The TEAM Joint 464 Committee shall be authorized to explore any areas which directly or indirectly 465 affect the appraisal evaluation process and/or influence the professional growth of 466 teachers. All implementation shall be in accordance with Florida law current state 467 mandates. 468

B. The Tteacher assessment forms evaluation instruments for all bargaining unit 469

employees shall be those forms agreed to by both parties as set forth in the IPPAS 470 TEAM district-approved plan. and/or those forms approved for implementation by 471 the IPPAS Joint Committee and subsequently approved by the Board. 472

Section 8. In order for teachers to correct in a timely fashion areas of unsatisfactory 473 performance noted by the assessor, the following conditions shall apply: 474 A. Deficiency areas of immediate concern, including but not limited to such practices 475

as reporting to work on time, carrying out routine responsibilities throughout the 476 workday and submitting reports which are accurate and punctual, may be 477 evaluated at intervals deemed appropriate by the supervisor. They can and should 478 be corrected without delay in order to ensure the efficient operation of the 479 workplace. 480

B. When other deficiencies are noted, including but not limited to such practices as 481

questioning techniques, classroom management and content area knowledge, 482 teachers will be given at least three (3) weeks from the date notified of the 483 deficiency(ies) to improve the area(s) noted before they will receive another 484 formal assessment to these same areas. 485

Section 9 7. Teachers shall sign the written evaluation report acknowledging receipt no 486 later than the next work day after initial receipt of the document. 487 488

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A. In the event that a teacher feels his written evaluation was incomplete or 489 inaccurate, he may put his objections in writing within ten working days and have 490 them attached to the evaluation report to be placed in his personnel file. 491

492 B. Upon appeal by the teacher, the evaluation will be reviewed when student 493

assessment data becomes available within 90 days after the close of the school 494 year. If the review of the additional data results in a change in the summative 495 rating, the evaluation will be amended. The review will be conducted by the 496 principal and a designated district administrator. 497

Teachers shall sign the written evaluation report acknowledging receipt no later than the 498 next teacher workday after initial receipt of the document. 499 Section 10 8. A teacher may make reasonable requests in writing to the principal for 500 additional classroom observation(s) and written evaluation feedback by other 501 mManagerial personnel. Any written feedback evaluation prepared by such mManagerial 502 personnel will be given to the principal of the school with a copy to the teacher. 503 Section 11. If a supervisor believes that a teacher's performance of his duties and 504 responsibilities is deficient to the extent that a written report of same is necessary (other 505 than as part of the formal classroom observation procedures), the supervisor shall hold a 506 conference with the teacher prior to writing and filing the report on the Appraisal II form. 507 Section 12 9. Any teacher in danger of dismissal because of poor performance shall be 508 afforded the NEAT procedure, as stated in F.S. 1012.34, which includes: 509 N - Notice of alleged deficiencies which, if not 510 corrected, would lead to dismissal 511 E - Explanation to the teacher of alleged deficiencies and 512 suggestions for correction 513 A - Assistance rendered by the administration to 514 correct alleged deficiencies 515 T - Time for alleged deficiencies to be corrected. 516

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ARTICLE XII

PROFESSIONAL IMPROVEMENT Section 1. Newly-hired teachers, teachers who have a change in their certificate 1 status, and teachers who have renewed their special certificates or their clinical license 2 must file their valid certificates or clinical license and their an official transcripts(s) of 3 credits with the Personnel Office Human Resources Department. Failure to file the 4 certificates, clinical license, and/or evidence thereof by the teacher's second pay period 5 official transcript(s) within thirty (30) days of their initial hire date shall result in 6 withholding of pay compensation until such filing(s) has been completed. 7 Section 2. When inservice training programs or teachers' meetings are held during 8 teachers' regular working hours, all teachers required to be involved shall attend for the 9 full time of the program and contribute to the work at hand, unless excused in writing by 10 the appropriate administrator. When needed, as determined by the Board, Nnewly-hired 11 teachers on the 196 day calendar may attend a new teacher orientation, up to three (3) 12 workdays, prior to the regular contractual year and will receive compensation if budgeted 13 and Board approved. 14 Section 3. Lake District Accountability Process 15 A. Nothing contained in the district and/or local school accountability process shall 16

be construed to lessen or otherwise alter the authority of the school principal as 17 provided for in law, rules or regulations. All schools will be required to have a 18 school improvement plan according to state guidelines. 19

20 B. School improvement plans which require waivers of the negotiated Agreement 21

shall be subject to the approval of the School Board and the LCEA. 22 Section 4. Teachers will comply with current State Statutes regarding professional 23 improvement. 24

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ARTICLE XIII

ANNUAL ALL INSTRUCTIONAL CONTRACT TEACHERS Section 1. Procedures for Instructional Staff Hired After June 30, 1997 1

Specific Provisions for Instructional Personnel as stated in current 2 Florida Statutes 3

A. 1. Effective July 1, 1997, each person employed as a member of the 4

instructional staff after June 30, 1997, shall receive a contract that is 5 subject to annual review and renewal at the discretion of the School Board. 6

Instructional Probationary Annual Contract is an employment contract for 7 a period of one(1) school year, awarded to instructional personnel upon 8 initial employment with the School Board of Lake County, FL. 9 Instructional Probationary Annual Contract teachers may be dismissed 10 without cause or may resign without breach of contract. 11

2. The first ninety seven (97) days of an employee’s initial contract shall be a 12

probationary period. During the probationary period, the employee may be 13 dismissed without cause or may resign from the contracted position 14 without breach of contract. Florida Statute 1012.33 (3)(a)4. 15 Instructional Probationary Annual Contract may not be awarded by the 16 School Board more than once to the same employee unless the person was 17 rehired after a break in service for which an authorized leave of absence 18 was not granted. 19

3. The first three (3) years of employment, the contract may be renewed at 20

the discretion of the School Board for a period not to exceed three (3) 21 years. Each employee who holds such a contract is subject to performance 22 assessments and procedures provided for in 1012.33, Florida Statutes and 23 in the District’s Instructional Personnel Assessment System (IPPAS). 24 Each contract issued will provide for dismissal during the term of the 25 contract for just cause for failure to correct performance deficiencies under 26 1012.34, Florida Statutes. 27 Instructional Probationary Annual Contract shall be awarded regardless of 28 previous employment in another school district or state. 29

4. A Professional Service Contract issued to employees hired after June 30, 30

1997, shall provide for dismissal during the term of the contract only for 31 just cause and such other provisions as prescribed by state law, School 32 Board policy, and as provided for in the District's Instructional Personnel 33 Performance Assessment System (IPPAS). 34 Upon successful completion of the Instructional Probationary Annual 35 Contract, the School Board may award an Annual Contract under the 36 following provisions: 37

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a. The employee has successfully completed an Instructional Probationary 38 Annual Contract with the School Board for one (1) year. 39 b. The employee holds an active professional certificate or temporary 40 certificate or Local Vocational Certificate according to School Board 41 Policy issued pursuant to F.S. 1012.56 and rules of the State Board of 42 Education. 43 c. The employee has been recommended by the District School 44 Superintendent for the Annual Contract based upon the individual’s 45 evaluation under F.S. 1012.34 and approved by the District School Board. 46

5. Beginning with the 2007-2008 school year, all new instructional 47

employees who have not been designated as Highly Qualified, as defined 48 by law, will be compensated as indicated on the Instructional Salary 49 Schedule according to the verified teaching experience. These employees 50 will remain at this step each year after the initial year of employment until 51 the Highly Qualified designation has been verified by Human Resource 52 Services. 53

If the instructional employee has not met the Highly Qualified designation 54 at the beginning of the second year of employment, he/she will remain at 55 the initial step until this requirement has been satisfied and verified by the 56 Human Resource Services Department. Upon completion of the Highly 57 Qualified designation, the employee will move to the appropriate 58 experience step based upon total verified teaching experience. 59 At the beginning of the third year of employment, all instructional 60 employees must have verified the Highly Qualified designation of Lake 61 County Schools for the purposes of compensation and continuous 62 employment. 63

B. 1. Annual Contract is an employment contract for a period of no longer than 64

one (1) school year which the District School Board may choose to award 65 or not award without cause. The Annual Contract is issued to a member of 66 the instructional staff who has completed the following requirements as of 67 July 1, 2011 as outlined in State Board of Education Rules and SB 736: 68 69 a. Holds an active professional certificate or temporary certificate issued 70 pursuant to F.S. 1012.56 and State Board of Education Rules or an active 71 local vocational certificate issued pursuant to School Board policy #6.21. 72 b. Has been recommended by the District School Superintendent for the 73 Annual Contract based upon the individual’s evaluation under F.S. 74 1012.34, the Lake County Teacher Evaluation and Achievement Model 75 (TEAM), and approved by the District School Board. 76 c. Has not received two (2) consecutive annual performance evaluation 77 ratings of unsatisfactory, two (2) annual performance evaluation ratings of 78

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unsatisfactory within a three (3) year period, or three (3) consecutive 79 annual performance evaluation ratings of needs improvement or a 80 combination of needs improvement and unsatisfactory under F.S. 1012.34 81 and SB 736. 82 83

2. An Annual Contract instructional employee who accepts a written offer 84 from the School Board and leaves the position without prior release from 85 the same will be subject to the jurisdiction of the Education Practices 86 Commission. 87

88 C. 1. Professional Service Contract is a contract issued to a member of the 89

instructional staff who has completed the following requirements on or 90 after July 1, 1984 or before July 1, 2011 as outlined in State Board Rules 91 and SB 736: 92 a. Holds an active professional certificate or an active local vocational 93 certificate. 94 b. Has been recommended by the District School Superintendent and 95 reappointed by the District School Board based on successful performance 96 of duties and demonstration of professional competence. 97 98

2. Professional Service Contract shall be renewed each year unless: 99

a. The District School Superintendent, after receiving the 100 recommendations required, charges the employee with unsatisfactory 101 performance and notifies the employee of performance deficiencies as 102 required by F.S. 1012.34; or 103 b. The employee receives two (2) consecutive annual performance 104 evaluation ratings of unsatisfactory, two (2) annual performance 105 evaluation ratings of unsatisfactory within a three (3) year period or three 106 (3) consecutive annual performance evaluation ratings of needs 107 improvement or a combination of needs improvement and unsatisfactory 108 under F.S. 1012.34 AND SB 736. 109

3. The employee who holds a Professional Service Contract shall be placed 110 on performance probation and governed by the provisions of this section 111 for 90 calendar days following the receipt of the notice of unsatisfactory 112 performance to demonstrate corrective action. School holidays and school 113 vacation periods are not counted when calculating the 90-calendar day 114 period. During the 90 calendar days, the employee who holds a 115 Professional Service Contract must be evaluated periodically and 116 appraised of progress achieved and must be provided assistance and 117 inservice training opportunities to help correct the noted performance 118 deficiencies. At any time during the 90 calendar days, the employee who 119 holds a Professional Service Contract may request a transfer to another 120

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appropriate position with a different supervising administrator; however, if 121 a transfer is granted pursuant to F.S. 1012.27(1) and 1012.28(6), it does 122 not extend the period for correcting performance deficiencies. 123

124 D. 1. Continuing Contract is a contract issued to a member of the instructional 125

Staff who completed the specific requirements prior to July 1, 1984 as 126 outlined in State Board Rules and F.S. 1012.33 127 128

2. Continuing Contract teachers shall be renewed each year unless the 129 employee has received two consecutive annual performance evaluation 130 ratings of unsatisfactory, two annual performance evaluation ratings of 131 unsatisfactory within a 3-year period, or three consecutive annual 132 performance evaluation ratings of needs improvement or a combination of 133 needs improvement and unsatisfactory under F.S. 1012.34 and SB 736. 134 The provisions of F.S. 1012.33 will be followed regarding contract 135 renewal. 136

Section 2. Implementation of Revised Performance Assessment Requirements 137 Highly Qualified Designation Provisions 138 The IPPAS Committee will review the current legislative mandates pertinent to annual 139 contract teachers and assessment system requirements with the goal of developing 140 required guidelines for inclusion in the District’s instructional personnel assessment 141 system. The parties to agree to abide by any and all changes in the District’s IPPAS 142 guidelines. At the beginning of the third consecutive year of employment, all instructional 143 employees must have attained the Highly Qualified designation for the purposes of 144 compensation and continued employment in Lake County Schools. 145 All new instructional employees who are not designated as Highly Qualified, as defined 146 by law, will be compensated as indicated on the Instructional Salary Schedule according 147 to the verified teaching experience. These employees will remain at this salary step each 148 year after the initial year of employment until the Highly Qualified designation has been 149 verified by Human Resources Services. 150 If the instructional employee has not met the employee Highly Qualified designation at 151 the beginning of the second year of employment, the employee will remain at the initial 152 salary step until this requirement has been satisfied and verified by the Human Resource 153 Services Department. Upon completion of the Highly Qualified designation, the 154 employee will move to the appropriate negotiated salary step based upon total verified 155 teaching experience. 156

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Section 3. Conditions 157 In the event the teacher does not complete the basic criteria or does not receive a twelve 158 (12) on the final assessment, the principal may recommend a fourth year probationary 159 contract. 160 Section 4 3. Notification of Reappointment 161

A. By April 1, the teacher shall be notified in writing by the building administrator of 162

his intent concerning the recommendation for reappointment or non-163 reappointment of the teacher for the coming year. 164 For the 2011-2012 contract year only, all teachers shall be notified in writing by 165 May 8, 2012 of their employment status for the next school year. 166

B. 1. The District School Board shall have no re-employment 167 obligations to Annual Contract teachers. If subsequently rehired on or 168 before September 15th of the following school year, such teachers will be 169 considered to have maintained continuous employment status for the 170 purposes of this contract. 171

2. The District School Board shall have no re-employment obligations to an 172 Annual Contract a temporary teacher who has been hired to fill in for a 173 teacher on Board-approved leave. after the Board-approved leave has been 174 concluded, as long as the teacher was notified in writing of this contractual 175 section. 176

3. Upon a third year Annual Contract teacher’s written request, the building 177

administrator shall provide in writing the reasons for the non-178 reappointment of the teacher. It is understood and agreed that the intent of 179 this language is to provide input to the teacher for professional growth 180 only and that it will not be utilized for any other purpose, including, but 181 not limited to grievances, or will not be considered as just cause for any 182 complaints against the Board. 183

C. By May 1, all teachers shall be notified in writing of their employment status for 184 the coming school year. 185

D C. Based on employment needs determined by the Board, teachers may be employed 186 for specified periods of time less than one hundred and ninety-six (196) days. 187

188 189

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Section 4. Dismissal of Instructional Personnel for Just Cause 190 191 Any instructional employee may be dismissed during the term of the contract for 192

just cause. Just cause is defined by rule of the State Board of Education as: 193

a. Immorality; 194 b. Misconduct in office; 195 c. Incompetency; 196 d. Gross Insubordination; 197 e. Willful neglect of duty or; 198 f. Being convicted or found guilty of, or 199

entering a plea of guilty to, regardless of adjudication of guilt; 200 any crime involving moral turpitude 201

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ARTICLE XIV

DIFFERENTIAL PAY POSITIONS Section 1. All teachers shall be entitled to apply for differential pay positions. No 1 teacher shall be required to accept a differential pay position unless a suitable, qualified 2 volunteer is not available for the position. Prior to any bargaining unit member being 3 required to accept a differential pay position the administration will solicit volunteers 4 through advertisements in (1) the school; (2) the school district; (3) the community in 5 which the school is located. In cases of emergency the principal shall temporarily 6 appoint, on a short term basis, a bargaining unit member to fill the position until a 7 suitable qualified person assumes the position. Qualification and suitability shall be 8 determined by the Superintendent or his designee. 9 Section 2. Differential pay salaries shall be those as set forth in Appendices C and D 10 which are incorporated in this Agreement. Teachers appointed to such positions shall be 11 paid in accordance with the said appendix. Beginning with the 2006-2007 school year, 12 supplement allocations will be determined by FTE. 13 Section 3. All teachers receiving supplements shall carry a full 14 instructional/supervisory load and such duties for which a supplement is received shall 15 normally be conducted in addition to the regular teacher workday. Any exception to this 16 provision must be approved by the Superintendent or his designee. The Association shall 17 be notified in writing of any exceptions granted in this section. 18 Section 4. The employees designated to receive differential compensation will be 19 appointed by the building principal upon approval by the Superintendent or his designee. 20 Prior to appointing teachers for differential pay positions contained in Appendix D, the 21 principal shall publicize within the school the positions he deems necessary to be filled 22 and solicit volunteers for such positions. 23 Section 5. All appointments of additional duties to teachers for which a supplement 24 to the regular salary is paid shall not exceed one year. 25 Section 6. The principal, with the approval of the Superintendent or his designee, 26 retains the right to change any differential pay position assignment when in the principal's 27 judgment the teacher is not performing the duties in a satisfactory manner. 28 Section 7. An outline of the duties to be performed to earn a supplement listed in 29 Appendix D shall be in writing and approved by the principal. The written outline of 30 duties shall be signed by the teacher and principal, and approved by the Superintendent or 31 his designee. One (1) copy will remain with the principal and one (1) will be filed with 32 the Superintendent or his designee prior to the beginning of the program for which a 33 supplement is to be paid. A copy shall also be given to the teacher and to the 34 Association. 35

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Section 8. To ensure that the intent of contractual provisions is upheld, procedures 36 used in fulfilling requirements needed to obtain full or partial payment for differential pay 37 shall be included with and/or attached to job descriptions for such positions. 38 Section 9. No employee may receive pay for more than three (3) supplements for 39 duties performed. Any exception to this provision must be approved by the 40 Superintendent or his designee. 41 Section 10. Payment of supplements for services rendered over the entire contractual 42 period shall be paid commencing with the performance of responsibilities and will be 43 prorated over the entire contractual period. 44 Section 11. Payment of supplements for services rendered over a period of time less 45 than the entire contractual period of time shall be paid in one (1) payment after service 46 has been rendered. Payment will be made in a separate check at the conclusion of the 47 activity. In all cases the supplement will be paid no later than fifteen (15) days after the 48 conclusion of the normal season and the performance of responsibilities as defined by the 49 appropriate job description. 50 Section 12. Head football coaches shall be paid eighty-five percent (85%) of the 51 supplement at the end of the regular season. The remaining fifteen percent (15%) of the 52 supplement shall be paid at the end of the spring season. 53 Section 13. The athletic/intramural directorship will normally be a non-coaching 54 position with total emphasis directed toward the promotion of the total athletic/intramural 55 program. An Athletic Director/Intramural Director may be allowed to coach and to 56 receive supplements but such action will require the express approval of the Superin-57 tendent. 58 Section 14. Athletic Fines – In the event a fine is imposed by the Florida High School 59 Athletic Association, as the result of a coach’s action or inaction, it shall be the 60 responsibility of the coach to reimburse the school the amount of said fine. 61

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ARTICLE XV

WORKDAY AND RELATED MATTERS Section 1. Workday. 1 A. Teachers are compensated on a salary basis for all hours worked. The normal 2 teacher workday shall be seven (7) hours and thirty (30) minutes. However, there are 3 certain activities which are part of the total program of the school district, and such 4 activities shall be carried out in accordance with the following guidelines: 5 1. Activities Immediately Following the Workday: 6

A teacher may be required to remain a maximum of thirty (30) minutes 7 after the normal workday for activities such as but not limited to, parent-8 teacher conferences, supervisor-teacher conferences, accreditation reviews, 9 etc. A teacher who is required by a principal to attend such an activity 10 shall be entitled to be released at pupil dismissal time on a subsequent day 11 within five (5) workdays of the activity, the exact date to be determined by 12 the principal. Release time may be scheduled at an alternate time subject 13 to principal approval. 14

2. Evening or Night Activities: 15

A teacher may be required to participate in no more than five (5) evening 16 or night activities such as graduation, "Grad Night," PTA/PTO meetings, 17 open house, etc. during the school year. A teacher who is required by a 18 principal to attend such a function shall be entitled to leave the school 19 center after pupil dismissal on the day of the activity if the teacher does not 20 have assigned supervisory responsibility for students. 21

3. In implementing the above, reasonable advance notice shall be given to the 22 teacher(s) and special consideration shall be given to individual cases 23 where personal hardship would be involved. 24

B. The above time limit restrictions on the teacher workday shall not be applicable to 25 those teachers who receive supplements for additional activities. 26

C. The time for reporting for duty and the responsibility for scheduling starting and 27

ending times is delegated to the respective principals, but such matters must be 28 submitted to the Superintendent for approval. 29

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Section 2. Planning Period. 30 The Lake County School Board and the Lake County Education Association commit to 31 protect the individual teacher planning period. The objective is to serve student needs 32 while meeting all state and federal requirements. The planning period is defined as the 33 period during the work day when teachers can plan for their own classes and students. 34 This may include both individual and group planning. 35 36 The faculty or representatives chosen by the faculty shall suggest schedule arrangements 37 to ensure equitable, maximum instructional time and planning period for the school. It is 38 further understood that the principal shall have final authority in determining the staff’s 39 schedule of instructional time and planning period. However, a principal shall have the 40 right to require a teacher(s) to engage in other activities (such as testing programs) as 41 necessary under appropriate circumstances. 42 43 Elementary school teachers shall be provided with a daily planning period during the 44 pupil day, of no less than forty (40) minutes in length with the exception of no less than 45 thirty (30) minutes in length on early release days. Beginning 2010-2011, all elementary 46 school teachers shall be provided no less than a forty five (45) minute planning period on 47 non-early release days. Any deviation from this requirement that provides less than forty 48 five (45) minutes will require a waiver through the school improvement process. 49 50 Each teacher at the middle and high school shall be provided with a planning period 51 during the pupil day at least equal in length to the class period of the school. 52 Section 3. Traditional High School Schedule. 53 Full-time high school teachers shall teach no more than five (5) classes of a minimum of 54 150 hours each annually. All high schools shall have the option of utilizing non-55 traditional class scheduling involving variations in length of class periods. Variations in 56 the starting and ending time of a teacher's 7 1/2 hour workday are permissible. 57 Section 4. Duty Free Lunch. 58 Every teacher shall be assured a duty free time for lunch, of no less than thirty (30) 59 minutes. Elementary school teachers may be expected to assist in assuring that their 60 students are properly in the lunch line before taking their lunch break. This shall not be 61 interpreted as requiring that a teacher eat lunch with his students unless he desires to do 62 so. On days on which students are not present, the duty-free lunch period shall be one (1) 63 hour and shall be included in the normal teacher workday. 64 Section 5. Faculty Meetings. 65 Faculty meetings will generally be held during the teacher workday. Teachers shall not 66 be required to stay more than thirty (30) minutes beyond the teacher workday for faculty 67

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meetings. The early release provision of Section 1 shall not be applicable to faculty 68 meetings which may extend beyond the teacher workday. 69 Section 6. Early Dismissal. 70 Teachers shall be dismissed promptly after regular pupil dismissal time, excluding Early 71 Release Wednesdays, on days immediately preceding a holiday, with the exception of 72 teachers who are performing a student supervisory responsibility. 73 Section 7. A teacher shall not leave his place of work during working hours without 74 permission of the building principal or his designated representative. 75 Section 8. Year-round Schools 76 A. The district shall notify the Association as far in advance as feasible before 77

changing any school to or from year-round status. 78

B. Calendar: Year-round schools shall utilize administrators, teachers and parents in 79 the development of a calendar. The teacher calendar shall be subject to the 80 approval of both parties. 81

C. Assignments and Transfers: Transfers to and from year-round schools shall be in 82 accordance with the provisions of ARTICLE XIX except that a teacher seeking a 83 voluntary transfer out of a year-round school shall be relocated to another position 84 in the District based on certification, qualifications, and, if possible, close 85 proximity to the teacher’s residence should a vacancy exist. 86

When there are two (2) or more teachers wishing to transfer to the same position, 87 certification, qualifications and seniority in the District shall prevail. 88

In order to effectively implement the programs, ARTICLE XIII, Annual Contract 89 Teachers, shall be waived to the extent that all annual contract teachers currently 90 assigned shall be entitled to immediate notification by their principal regarding 91 their reappointment for the ensuing year, if the Board approved teacher allocation 92 formula warrants. Both parties recognize that this waiver is educationally 93 justifiable in order to take advantage of the knowledge, readiness, and sense of 94 ownership acquired by these annual contract teachers as a result of their 95 participation in extensive in-service preparation for and/or teaching experience in 96 the operation of a year-round school. 97

D. Work Year: The year-round school shall include 180 instructional days adjusted 98

to accommodate intersessions of approximately 15 days each. 99

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The work year for teachers shall be determined by the Board approved Allocation 100 Formula for Year-Round Schools. Part-time teachers shall work days/times 101 proportionate to their assignment. Workdays shall be cooperatively determined by 102 the teacher and administrator. The final decision shall be made by the principal. 103

Extended Contracts: Teachers on an extended contract and the principal, 104 whenever possible, shall mutually agree upon the calendar for the extended 105 contract. If mutual agreement cannot be reached, teachers shall be assigned to 106 days on the basis of the best configuration that will serve the needs of the students 107 as determined by the principal. 108

Assignment in subsequent years shall be done according to the following 109 procedure: (1) Teachers who wish to remain or change the calendar for the 110 extended contract shall indicate to the principal the desired calendar. (2) If mutual 111 agreement cannot be reached, the affected teachers shall be assigned on the basis 112 of the best configuration that will serve the needs of students as determined by the 113 principal. 114

The Board will make every effort to ensure that the calendar of an extended 115 contract teacher is compatible with the track of the teacher’s child(ren) attending a 116 year- round school. 117

Nothing shall prohibit mutually acceptable agreements between teachers and their 118 principal to divide work assignments through options approved by the principal. 119

In the event a teacher transfers to a school not on year-round, or the school’s own 120 calendar changes, there shall be no expectation of continued extended 121 employment. 122 In the event of a transfer to a traditional school or if the school returns to 123 traditional status, any days beyond shall be allocated based on the Board approved 124 Allocation Formula for traditional schools. 125 A school psychologist will be available for the extended school year to meet the 126 needs of students from every track. 127

E. Track Assignments: Notwithstanding the provisions of ARTICLE X, Section 12, 128

teachers in year-round schools shall receive notice of their tentative teaching 129 assignments (grade levels) by April 10, and shall be assigned to tracks by April 20 130 of each year. 131

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Assignment of teachers to tracks shall be done according to the following 132 procedures when initial track assignments are made: (1) Teachers on a given 133 grade level and the principal, whenever possible, shall mutually agree upon track 134 assignments. (2) If mutual agreement cannot be reached, teachers shall be 135 assigned to tracks on the basis of the best configuration that will serve the needs 136 of the students as determined by the principal. 137

Assignment of teachers to tracks in subsequent years shall be done according to 138 the following procedure: (1) Teachers who wish to remain or change track 139 assignments shall indicate to the principal the desired track. (2) If mutual 140 agreement cannot be reached, the affected teachers shall be assigned on the basis 141 of the best configuration that will serve the needs of students as determined by the 142 principal. 143

The Board will make every effort to ensure that the track assignment of a teacher 144 is the same as the track of the teacher’s child(ren) attending a year-round school. 145

F. Vacancies: A teacher filling a position at a year-round school shall be assigned to 146

the track designated for that position in the vacancy listing. 147 G. Room Assignments: A teacher on a grade level in a multi-track school shall rotate 148

room assignments unless a volunteer roving teacher is designated to move from 149 room to room. 150

H. Intersession Assignments: The Board shall post in each school on a year-round 151

calendar, no later than three weeks prior to the start of each semester, a list of 152 anticipated positions for intersession employment. A pool of applicants who are 153 desirous of intersession employment shall be utilized for the selection of teachers 154 for intersessions held throughout the semester. To the extent possible, teachers 155 selected for available positions shall be notified at least one week prior to the 156 intersession employment. 157 Teachers from schools on a year-round calendar shall be given first consideration 158 for additional employment during intersession breaks for which they are certified 159 and qualified before additional employees are hired in their schools. Principals 160 and intersession teachers shall mutually agree on scheduling arrangements for the 161 intersession duty day. 162

In accordance with ARTICLE XVI, Professional Compensation, Section 6, 163 intersession teachers whose duties require their full-time services on an extended 164 basis shall be paid at a daily rate of 1/196 of the annual salary applicable, such 165 amount to be added to their regular annual salary for pay purposes. 166

Teachers and administrators shall develop guidelines as to the type and form of 167 information to be provided the intersession teacher by the regular classroom 168 teacher (checklist, prescription, etc.) 169

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A teacher hired to work during an intersession shall accrue one (1) day of sick 170 leave if employed for a minimum of thirteen (13) days not to exceed the accrual of 171 two (2) sick leave days for the fiscal year. 172

I. Substitutes: Teachers under contract from a year-round school who are off track 173

and substitute at their assigned school site for a full day in a class that they hold 174 certification for, shall receive $75.00 for a daily rate of pay. These teachers will 175 be given preference for substituting in their assigned school site. 176

Teachers under contract from a year-round school program who substitute at their 177 assigned school for a full day in a class they do not have certification for shall 178 receive regular substitute pay identified by the substitute pay schedule established 179 by the Board. These teachers will be given preference for substituting in their 180 assigned school site. 181 Teachers under contract from a year-round school who are off track may 182 substitute at schools other than their assigned school site. Teachers substituting at 183 schools other than their assigned school site shall receive a rate of pay identified 184 on the Board established substitute pay schedule. 185 Teachers in other schools who substitute at a year-round school site on days that 186 are not scheduled as duty days shall receive regular substitute pay identified on the 187 substitute pay scale established by the Board. Teachers may not substitute on days 188 that they are on Board approved leave. 189

J. Payroll Procedures: Teachers shall be paid according to the established Finance 190

Department pay period schedule. 191

K. Working Conditions: The district shall supply each teacher with instructional 192 materials, supplies, facilities and equipment in accordance with ARTICLE X. 193

The district shall provide lockable storage for personal materials and supplies for 194 teachers during intersession. 195

Year-round schools will possess adequate ventilation and a properly maintained 196 air-conditioning system in each classroom. 197

Teachers will be provided with necessary assistance when required to move their 198

classroom supplies on rotation days. 199 L. Assessment Procedures: Assessment procedures for teachers in year-round 200

schools shall be done in accordance with provisions of ARTICLE XI. 201

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M. Supplementary Positions: Grade level supplements will be divided in half 202 between two (2) teachers at each grade level in order to provide grade level 203 chairman and coverage throughout the five-track period. 204 The special area supplement will be divided in half between two (2) special area 205 teachers in order to provide special area chairman and coverage throughout the 206 five-track period. 207 All other supplements, if any, will be paid according to contract language. 208

N. Report Cards: Depending on the adopted calendar, report cards shall be issued 209 after each forty-five (45) days of class. 210

O. In-service: Alternative ways for required in-service such as video taped 211

programs, school representative in-service of returning teachers and duplicate 212 n-service shall be available whenever possible. It is further encouraged that 213 summer institutes be held during the month of July when the year-round school 214 facility is totally closed and all teachers are available. 215

P. Exchange Days: A unit member teaching in a non-track assignment will be 216

permitted to exchange instructional days with a unit member who is credentialed 217 to teach the on-track teacher’s assignment and who is at the time in intersession, 218 on an off-track assignment, or on vacation. 219

Employees must apply to the principal one week prior to the desired exchange. 220

The request shall contain both unit members’ signatures and shall be subject to the 221 approval of the principal. 222

Employees shall have the responsibility for arranging for the exchange with 223

another employee. Pay back of exchange days is the responsibility of the involved 224 employees. The District and/or Association bear no responsibility for the 225 enforcement of private exchange day agreements between individual teachers or 226 shall the District or Association be liable for the payment of additional 227 compensation based upon any teacher working beyond his regular work year 228 pursuant to any private exchange day agreement. 229

Q. Intersession breaks shall not be considered as a scheduled holiday for purposes of 230

early release or in applying restrictions to the use of personal leave. 231

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ARTICLE XVI

PROFESSIONAL COMPENSATION Section 1. The salary schedule shall be as set forth in Appendix B which is attached 1 to and incorporated in this Agreement. Such schedule shall be based on a 196-day school 2 calendar as negotiated by the Board and the Association and shall contain five (5) paid 3 holidays. 4 Teachers shall be provided with written information as to the manner of their salary 5 calculation (computer generated "Job Activity Report") by the end of the second month 6 upon ratification of the contract. Prior to this time, newly hired teachers shall receive 7 with their first paycheck a copy of the current salary schedule and general explanation of 8 the methods used to calculate the salary amount for each pay period. 9 Section 2. 10

11 A. Credit on the salary schedule shall be given a teacher for each year of active 12

military service up to a maximum of four (4) years; however, active military 13 service shall not be counted as years of service toward a professional service 14 contract. A minimum of six (6) months active military service shall be required to 15 qualify for a year of service. 16

B. Teachers employed prior to 1985-86 shall receive credit only for the number of 17

years allowed at the time of their initial employment. Effective with the 1985-86 18 school year through June 30, 2001, all new teachers who are hired with previous 19 Lake County School System teaching experience shall be given credit for all such 20 experience provided that the Lake County experience was for work completed in 21 the bargaining unit classifications as set forth in ARTICLE I and that each year 22 claimed has a sufficient number of contact hours to equate to one year of service. 23

C. Effective July 2, 2001, all new teachers whose first day of employment, according 24

to the effective date of the employment contract, falls after July 1, 2001, will be 25 given credit on the salary schedule for each year full-time teaching service for 26 which a satisfactory performance evaluation was received. The provisions of this 27 paragraph do not apply to reemployed retired instructional personnel. 28

Accredited private school teaching and/or accredited college teaching shall mean 29

that, for each year claimed, the private school/college was accredited by its 30 respective accrediting association during the period of teaching service, and the 31 teacher was contracted full-time. 32 Beginning with the 1985-86 school year, for salary purposes only, a minimum of 33 743 work-hours shall be required to qualify as a year of teaching experience. Any 34 teacher who does not meet the 743 work-hour requirement in a given year of 35

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employment in Lake County shall be entitled to combine the hours acquired from 36 more than one year of partial service in Lake County in order to advance to the 37 next step of the salary schedule. Hours accrued prior to the 1985-86 school year 38 shall be exempted for this calculation. Hours accrued in Lake County shall have 39 been for work completed in the bargaining unit classifications set forth in 40 ARTICLE I. 41

D. Credit on the salary schedule shall be given to new vocational and technical 42 teachers for all properly verified full-time teaching and vocational work 43 experience specifically related to their teaching assignment, above the work 44 experience required for certification, subject to the restrictions in Section 3. 45

E. Beginning with the 2005-2006 school year, social workers shall be given up to

five years salary credit for similar or related social work in private, hospital or clinical settings. The experience must be properly verified.

Section 3. Credit given on the salary schedule for new teachers pursuant to 2A, 2B, 46 2C or any combination thereof shall not exceed the maximum salary (23+) allowed on the 47 schedule. Teachers employed prior to these dates shall receive credit only for the number 48 of years allowed by this Article at the time of their initial employment. 49 Any discrepancy that occurs between the employee's claim of experience and the 50 experience which is verified shall be communicated in writing to the employee within 51 fifteen (15) days of learning of the discrepancy. New teachers as well as vocational and 52 technical teachers will advance one (1) step annually as with other teachers. 53 Section 4. 54

A. It is the responsibility of the teacher to provide, on forms furnished by the district, 55

verification of all full-time teaching experience earned outside of Lake County. 56 Teachers will be paid the entry level salary based on the degree held at the time of 57 employment; except, that all previous Lake County experience, up to the 58 maximum allowed on the salary schedule, be credited on the first (1st) day of 59 employment. Verification of experience must be received by the Board within 60 one year from the date of hire. Any salary adjustment for experience credit shall 61 be retroactive to the first duty day of the employee’s regular work year, in the 62 fiscal year in which the verification is received. Adjustments will be made within 63 fifteen (15) days of receipt of total verification of experience. 64

B. Teachers completing requirements from an accredited institution for an advanced 65

degree shall provide an official transcript to the Human Resource Services 66 Department. If the official transcript does not indicate the completion date of the 67 requirements for an advanced degree, an official letter from the registrar of the 68 institution shall be required. It is understood that it shall be the individual 69 employee’s responsibility to provide verification of advanced degree completion. 70

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If the advanced degree is earned in the current school year, a salary adjustment 71 will be made retroactive to when the degree requirements were met. If the 72 advanced degree was earned in a previous school year, a salary adjustment will be 73 made retroactive to the beginning date of the current school year. 74

Section 5. As determined by Section 1012.61, Florida Statutes, and School Board 75 Policy 6.912, the Board shall provide terminal pay to any teacher upon the teacher's 76 normal retirement or to the teacher's beneficiary if service is terminated by death. Such 77 terminal pay shall not exceed an amount determined as follows: 78 A. During the first three (3) years of service, the daily rate of pay multiplied by thirty-79

five percent (35%) times the number of days of accumulated sick leave. 80 B. During the next three (3) years of service, the daily rate of pay multiplied by forty 81

percent (40%) times the number of days of accumulated sick leave. 82 C. During the next three (3) years of service, the daily rate of pay multiplied by forty-83

five percent (45%) times the number of days of accumulated sick leave. 84 D. During the next three (3) years of service, the daily rate of pay multiplied by fifty 85

percent (50%) times the number of days of accumulated sick leave. 86 E. During and after the thirteenth (13th) year of service, the daily rate of pay 87

multiplied by one hundred percent (100%) times the number of days of 88 accumulated sick leave. 89

Terminal pay for a teacher who was employed by the Lake County Schools after the 90 1979-80 school year shall be computed according to one of the above formulas except 91 that “sick days” utilized in said computation will be only those sick days accrued by the 92 teacher while employed by the Lake County Schools. 93 Section 6. The regular teacher work year shall be 196 days. Teachers whose duties 94 require their full-time services on an extended basis shall be paid at a daily rate of 1/196 95 of the annual salary applicable, such amount to be added to their regular annual salary for 96 pay purposes. 97 Section 7. Employees who work beyond the basic 196-day contract will be given a 98 contract approved by the Board that includes the additional days they work. All teachers 99 in positions which fall in this category shall be notified of the terms of their contract prior 100 to July 1 preceding the school year affected. 101 Section 8. Members of the bargaining unit who are on 196-day contracts shall have 102 the option of being paid 1/24 or 1/20 of their annual gross salary less deductions semi-103 monthly, on the fifteenth (15th) and at the end of each month throughout the school year. 104 When these dates occur on other than a workday, teachers will be paid on the last 105

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workday preceding the normal pay date. After the bargaining unit member selects the 106 option, the option shall remain in force for the fiscal period. 107 For teachers on 196-day contracts and selecting the 24-pay option, two (2) checks in the 108 amount of the annual gross salary less deductions will be issued monthly from August 109 through July. 110 For teachers on 196-day contract and selecting the 20-pay option, two (2) checks in the 111 amount of the annual gross salary less deductions will be issued monthly from August 112 through May. 113 For those teachers working days beyond the 196-day contract, the daily rate of pay for 114 each additional workday shall be added to the 196-day gross salary. The total gross salary 115 less deductions shall be divided by twenty-four (24) to determine the amount of each 116 paycheck to be issued twice monthly from August through July. 117 Teachers can contact the district's payroll department if assistance is needed in clarifying 118 income sources. 119 A joint committee will be formed to investigate the feasibility of bi-weekly paychecks. 120 Section 9. Those teachers participating in summer workshops, and/or seminars or 121 continuations thereof, outside of the regular workday, for which the District School Board 122 is responsible for setting compensation, will be paid the approved District stipend rate. 123 See Appendix D. 124 Section 10. Health, Hospitalization, and Life Insurance. 125 A. The benefits of the program for employees and dependents shall be as outlined in 126

the schedules of benefits. 127 B. Both parties agree that consensus has been reached on the implementation of the 128

Blue Cross/Blue Shield of Florida, Inc., Plan 317 and Plan 1357, the Unipsych 129 Mental Health/EAP program, and the Aetna Life and Accidental Death and 130 Dismemberment programs. 131

The cost to an employee selecting Blue Choice Plan 317 is $54.32 per month. 132 Bargaining unit employees, who elect to have child, spouse and/or family 133 coverage, will pay premiums for child, spouse and/or family coverage. 134 135 Beginning January 1, 2010 2011, the Board will pay 95% of the Blue Options 136 plans and partial premium contribution in the same amount for the Blue Choice 137 Plan, on the current schedule of benefits of the approved School Board group 138 medical and health insurance programs health insurance premium for full-time 139

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employees. For purposes of this benefit, full-time is defined as an employee who 140 works six (6) or more hours per day. 141

C. Any increase or decrease in insurance benefits and/or premiums on the individual 142 employee will be negotiated between the Board and the Association prior to the 143 effective date of said change. The parties agree to begin negotiations no later than 144 ten (10) days after the District receives notification of an increase in premiums or 145 a decrease in benefits. 146

D. Teachers can contact the district level administrator who will be responsible for 147

coordination of these insurance benefits if assistance is needed regarding the 148 School Board approved health and life insurance program. 149

E. The Board and the Association agree that LCEA shall appoint four (4) bargaining 150

unit employees as representatives of the Union to serve on the District’s 151 established Joint Advisory Insurance Committee. The committee members will 152 participate in the development of a Standard Operating Procedure for the Joint 153 Advisory Insurance Committee. 154

F. Commencing on or about April 1, 2008, the Board and the Association agree to 155

bargain the specifications for the insurance coverage to be included in insurance 156 proposals. Further, the Board agrees that said proposals will be advertised for 157 health and life insurance coverage for the period after October 1, 2008, unless 158 negotiations with insurance companies produce a result which is satisfactory to 159 both parties. 160

G. When a school administrator requests teachers to participate in a school sponsored 161

activity, they shall be covered by workers' compensation. 162 Section 11. The District School Board of Lake County will provide a flexible benefit 163 compensation plan. Implementation of the program after June 30, 1989, shall be subject 164 to enrollment and a minimum of $30,000 monthly reduction to offset administrative 165 operation costs. The plan will comply with Statute 125 of the Internal Revenue Service 166 Code. Additional fringe benefits available through payroll deduction will include: (1) 167 dependent health care; (2) dental care (choice of 1 of 2); (3) vision care (choice of 1 of 2); 168 (4) disability income protection; and, (5) life insurance. 169 The Board reserves the right on an annual basis to cancel plans that are not in the best 170 interest of employees. 171 Section 12. When an emergency, as determined by the Superintendent or his designee, 172 requires closing of school for students, school shall be closed for teachers also. Teachers 173 will be paid their regular salary during such emergency; however, if the Superintendent 174 and the Board deem it necessary, teachers shall make up such time missed during an 175

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emergency at a time designated by the Board, after negotiations with the Association, 176 without further payment of any compensation. 177 Section 13. Only a Master’s Degree, Specialist’s Degree, and/or Doctorate’s Degree 178 granted by an institution accredited by a Regional Accreditation Association will be 179 accepted for the purpose of granting a supplement. 180 Section 14. Upon request by an employee, the Board shall deposit the employee's 181 paycheck directly to a bank or other financial institution of the employee's choice, 182 provided that said bank or institution is equipped electronically to handle such deposit. 183 After the bargaining unit member has selected direct deposit, direct deposit shall remain 184 in force until the District receives written notification from the employee. 185 Effective with the 2006-2007 fiscal year, employees will receive compensation through 186 direct deposit. Employees may request a temporary waiver of Direct Deposit if a 187 hardship has been requested and approved. 188 Section 15. The cost for the fingerprinting and background checks of teachers who 189 were hired subject to implementation of Section 1012.32(2)(b), Florida Statutes, as 190 amended in 1996 Legislative Session, shall be borne by the Board. 191 Section 16. Excellent Teaching Program. In order to implement the legal provisions 192 of the Excellent Teaching Program which permits teachers and the school district to earn 193 money through incentives and bonuses awarded through a variety of means connected 194 with applying for, participating in, and/or achieving certification by the National Board of 195 Professional Teaching Standards (NBPTS), the parties agree to develop jointly 196 procedures which include: 197 A. Providing for the availability of audiovisual equipment including remote 198

microphones and video cameras for use by candidates in videotaping portfolio 199 entries; 200

B. providing an orientation program for teachers interested in participating in the 201

program and for an awareness session for principals to provide them with 202 information about the program and about what candidates are required to do. 203

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ARTICLE XVII

LEAVE OF ABSENCE Section 1. Definition. A leave of absence is permission granted by the Board 1 according to its adopted policies and the terms of this Agreement for an employee to be 2 absent from duty for a specified period of time with the right to return to employment on 3 the expiration of leave. 4 Section 2. Regular Sick Leave. Any member of the instructional staff employed on 5 a full-time basis in the public schools of Lake County who is unable to perform his duties 6 in the school because of illness or death of father, mother, brother, sister, husband, wife, 7 child, other close relative, or member of his own household and consequently has to be 8 absent from his work, shall be granted leave of absence for sickness by the 9 Superintendent or by someone designated by him to do so. Each member of the 10 instructional staff employed on a full-time basis shall be entitled to four (4) days of sick 11 leave as of the first (1st) day of employment of each contract year, and shall thereafter 12 earn one (1) day of sick leave for each month of employment, which shall be credited to 13 the member at the end of that month and which shall not be used prior to the time it is 14 earned and credited to the member. The member shall be entitled to earn no more than 15 one (1) day of sick leave times the number of months of employment during the year of 16 employment. Teachers working beyond 196 days will earn one (1) day sick leave for 17 each twenty (20) day period. Those working less than a twenty (20) day period will earn 18 one (1) day sick leave if employed for a minimum of thirteen (13) days. Such sick leave 19 shall be cumulative from year to year. There shall be no limit in the number of days of 20 sick leave that may accrue, except that at least one-half (1/2) of this cumulative leave 21 must be established within the district granting such leave. 22 Instructional personnel shall be entitled to transfer sick leave credit from other Florida 23 school districts or a state educational agency to the Lake County School District. 24 Transferred sick leave shall be in addition to sick leave earned in this District. The 25 transferred leave which is credited to an employee’s account shall not exceed the amount 26 or rate earned during employment in the District. It is the employee’s responsibility to 27 contact the other school district(s) or agency(ies) to request a transfer of sick leave. 28 If an instructional staff member employed in the District interrupts professional service 29 and subsequently returns to professional duty in the District without having transferred 30 and used his accrued sick leave credit in another Florida school district, previous accrued 31 sick leave shall become valid on the first day of contractual service. 32

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Section 3. Sick Leave Bank. Teacher of Lake County may participate on a voluntary 33 basis in any sick leave bank which is established by the Board. The LCEA will be 34 represented on the prior study committee and on the Bank Administrative Committee 35 when established. The Superintendent, with LCEA input, is responsible for the 36 appointment of committee members. 37 Section 4. Maternity/Parental Leave. 38

A. Teachers requesting leave of absence for the purpose of childbearing may use 39

their accumulated sick leave during the period when they are no longer able to 40 work through the time the doctor certifies them physically able to return to duty. 41 Any teacher wishing to remain on leave beyond the time when accumulated sick 42 leave is exhausted, may apply for leave of absence without pay not to exceed a 43 period of one (1) year. Teachers shall be allowed to remain on the job until they 44 are unable to perform their assigned duties. 45

B. When a teacher notifies the Superintendent that the doctor has certified her 46 physically capable to return to active employment after a leave granted for 47 childbearing, said teacher shall be assigned to the same position or to a 48 substantially equivalent position if such positions are available. 49

1. A full-time member of the instructional staff who is an expectant mother 50

at the beginning of the school term or who becomes pregnant during the 51 school term shall upon request be granted maternity leave without pay as 52 provided herein. When the employee determines that she is pregnant and 53 wishes to take maternity leave, she may file with the superintendent a 54 written application for leave with an attached statement from the attending 55 physician stating the expected date of birth of the child. If possible, the 56 effective date for the suspension of services shall be mutually agreed to by 57 the teacher and her immediate administrative superior. Such decision shall 58 be based on, but not limited to, physical condition, effectiveness in 59 carrying out her assigned duties, availability of a satisfactory replacement, 60 term of service required for credit for a year of service for contract and 61 salary purposes during that school year. When a mutually acceptable date 62 for the initiation and termination of leave cannot be achieved the dates 63 shall be fixed as follows: the leave shall commence on a date determined 64 by the employee in consultation with her doctor and shall terminate upon 65 certification of the doctor that she is physically capable of performing the 66 duties of teaching. 67

2. Maternity/Parental Leave may be given for the portion of the year in which 68 the baby is born or adopted and for one succeeding year subject to 69 reapplication of leave in accordance with School Board policies. A 70 teacher on Maternity/Parental Leave may substitute teach during such 71 leave. 72

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3. Any member of the instructional staff who is on maternity leave for the 73

remainder of a school year or for the entire school year who, on the 74 expiration of leave, wishes to return to duty at the beginning of the next 75 school year shall notify the superintendent in writing of such desire not 76 later than April 1. 77

Section 5. Leave for Personal Reasons Charged to Sick Leave. Instructional 78 personnel shall be granted five (5) six (6) consecutive days of personal leave with pay per 79 school year with no more than five (5) days used consecutively for the purpose of 80 conducting personal business in accordance with the following conditions. Such leave 81 shall be chargeable to sick leave and shall not be cumulative from year to year. Except 82 for emergency or unforeseen situations, personal leave requests must be submitted at least 83 five (5) days prior to the date that the employee desires to be absent from his duties. 84 Requests submitted after the notice period may be denied if adequate arrangement for 85 coverage of the teacher's responsibilities cannot be accomplished. A principal may not 86 approve personal leave for more than ten percent (10%) of the instructional staff at a 87 school on a given day without prior approval of the County Office. 88 Personal leave may not be granted: to extend vacation time or recess periods; on the days 89 before or after school holidays; or during pre- or postplanning except in unusual 90 circumstances and not unless approved by the Superintendent or his/her designee. The 91 Superintendent will consider the Principal recommendation and whether or not there is a 92 satisfactory explanation for the request. 93 Section 6. Illness In-Line-Of-Duty Leave. Any full-time employee of the 94 instructional staff shall be entitled to illness in-line-of-duty leave when he needs to be 95 absent from his duties because of a personal injury received in the discharge of duty or 96 because of illness from any contagious or infectious disease contracted in school work, 97 excluding common colds, flu, and other sickness of this nature. A physician's statement 98 verifying the nature of the injury or illness must be provided by the employee before 99 illness in-line-of-duty leave pay is granted. Furthermore, it is incumbent upon the 100 employee to provide reasonable evidence that such illness was contracted or such injury 101 was incurred during his line of duty. Such leave may be authorized for a total not to 102 exceed ten (10) duty days during any school year for illness contracted or injury incurred 103 from such causes as prescribed above. Such leave shall not be deducted from the 104 employee's sick leave. In the case of sickness or injury occurring under such 105 circumstances, additional sick leave may be granted for such term and under such 106 conditions as the Board shall deem proper. 107 Section 7. Jury Duty/Subpoenaed Witness Leave. An employee who is called 108 for jury duty or subpoenaed as a witness to a proceeding in which he is not a party on a 109 regularly scheduled working day or days shall be paid his normal earnings for time lost by 110 reason of such service. 111

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Section 8. Temporary Duty/In-Line-Of-Duty Leave. A teacher may be assigned 112 temporarily or may request assignment temporarily to duties other than his regular duties 113 and place of employment for the purpose of performing educational services including 114 participation in school surveys, professional meetings, study courses, workshops, and 115 similar assignments of public service. All requests for assignment to temporary duty, 116 except as provided below, shall be submitted to the Superintendent at least ten (10) days 117 in advance. The Superintendent may waive the requirement of ten (10) days advance 118 notice. An employee shall receive his regular pay and may be allowed expenses as 119 provided by law and regulations of the School Board. Such temporary duty shall be 120 considered equal to the regular duties of the individual, and an employee performing such 121 assigned temporary duty shall not be considered to be on leave. An employee shall not be 122 assigned to temporary duty for the purpose of earning college credits, improving rank, or 123 renewing his certificate, except when participating in a staff development program 124 approved by the School Board. Temporary duty within the district may be approved by 125 the principal or department head when no substitute service or additional cost to the 126 Board is involved. The principal or department head authorizing such temporary duty 127 shall be responsible for determining that the temporary duty has been performed by the 128 instructional employee. No temporary duty forms need to be submitted for this type of 129 temporary duty assignment. 130 Section 9. Military Leave. Military leave will be granted to an employee who is 131 required to serve in the armed forces of the United States or the militia of the State of 132 Florida in fulfillment of obligations incurred under the selective service laws or because 133 of membership in the reserves of the armed forces or the national guard. When an 134 employee enters voluntarily into any branch of the armed services for temporary or 135 extended periods of service, military leave may be granted at the discretion of the Board 136 and except in unusual cases will be denied to a member of the instructional staff when he 137 is expected to be engaged in the work of the profession. An employee granted military 138 leave for extended duty shall, upon completion of the tour of duty, be returned to duty 139 without prejudice, provided an application for re-employment is filed within six (6) 140 months following date of discharge from active military duty. Following receipt of the 141 application for reemployment, the School Board shall have a reasonable time, not to 142 exceed six (6) months, to reassign the employee to duty in the school system. 143 Compensation allowed during military leave shall not exceed seventeen (17) days as 144 provided in Section 115.07, Florida Statutes. Military leave shall not be counted in 145 determining a year of service for professional service contract purposes. 146 Section 10. Vacation Leave. 147 A. Teachers who are employed for the same number of days required of twelve (12) 148

month managerial personnel shall accrue vacation leave, exclusive of holidays, 149 with compensation as follows: 150

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1. A teacher with less than five (5) years of continuous service at the rate of one 151 (1) day per month cumulative to twelve (12) workdays per year. 152

2. A teacher with five (5) years or more of continuous service at the rate of one 153

and one-fourth (1-1/4) days per month cumulative to fifteen (15) workdays per 154 year. 155

3. A teacher with ten (10) years or more of continuous service at the rate of one 156

and one-half (1-1/2) days per month cumulative to eighteen (18) workdays per 157 year. 158

4. Vacation leave credit may be accrued from year to year, not to exceed thirty 159

(30) days, at the beginning of any fiscal year. 160

5. Vacation leave may not be taken nor otherwise compensated for until the 161 employee has completed twelve (12) months of employment with the Board. 162

B. Vacation leave may be approved by the Superintendent upon the written request 163

of the employee and with prior approval of the employee's administrative superior. 164 Vacation leave shall be so scheduled as to cause a minimum disruption of the 165 school program. 166

C. Any member of the instructional staff employed on a part-time basis who works in 167

excess of one-half (1/2) the hours or days required for a full-time position but less 168 than the total hours or days required for a full-time employee shall not be entitled 169 to vacation leave. 170

D. In addition to the above provisions, the following conditions shall apply to the 171

accrual of vacation leave: 172

1. Employment prior to the sixteenth (16th) of any month shall permit the month 173 to be counted as a month of employment. 174

2. Termination of employment after the fifteenth (15th) of any month shall 175

permit the month to be counted as a month of employment. 176

3. Leave without pay in excess of eleven (11) workdays in any month makes a 177 teacher ineligible for vacation accrual for that month except a teacher on leave 178 from injury-in-line-of-duty. 179

4. Any twelve (12) month teacher who resigns prior to the completion of a full 180

month of employment shall not be granted any vacation leave credit. 181

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Section 11. Leave of Absence for Personal Reasons. An employee desiring 182 personal leave for any other reason shall file a written application setting forth the reasons 183 for and the purpose of the requested leave. The Board will consider such application on 184 its own merits and in arriving at a decision will consider the best interests of the 185 employee and the general welfare of the school system. Such leave shall be without 186 compensation. 187 Any leave of absence for personal reasons shall not exceed one (1) contract year. 188 Requested leave of absence for more than one (1) contract year shall have Board approval 189 based on the merits and unique need of the request. The decision of the Board shall be 190 final. 191 Section 12. Leave of Absence for Extended Professional Leave. Professional leave 192 without pay will be granted to a teacher who wishes to continue his education. Such 193 leave may not be taken during the school term. Application shall be made by a letter of 194 explanation relative to the purpose of the leave. Following the termination of the leave, 195 the teacher shall present evidence of having earned at least nine (9) semester hours of 196 credit each semester or the equivalent, or evidence of satisfactory progress in graduate 197 school. 198 Section 13. Pre-Planning and Post-Planning Professional Leave. 199 A. Leave during pre-planning and post-planning conference periods: 200

1. A request for professional leave during a pre-planning or post-planning 201

conference period shall have the recommendation of the principal in 202 accordance with the following provisions: 203

(a) The teacher must carry a minimum of six (6) semester hours or an 204

acceptable load in graduate school in the educational institution or 205 in an institute. 206

(b) The graduate program shall be at an accredited and approved 207 institution. 208

(a) The teacher must be adding additional subject areas to his 209

certificate for reassignment or must be attending school in order to 210 improve the instructional program of the school. 211

2. Professional leave with pay during the pre- and post-planning conference 212

period shall be applied for on the proper form. If the application is not in 213 the Superintendent's office thirty (30) days prior to the first day of the 214 leave requested, the leave may be denied. The application shall include 215 evidence provided by the teacher supporting the reason for the absence. A 216 member of the instructional staff who is not returning to the Lake County 217

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School System for the next school year may not be granted professional 218 leave during the pre- or post-planning conference period. 219

Professional leave with pay may be granted during the pre-planning and 220

post-planning conference periods not to exceed five (5) days during any 221 contract year. Such leave may be granted three (3) times during a period 222 of five (5) successive years. Such leave when granted shall be with pay 223 and shall not exceed five (5) days during any contract year. 224

Section 14. Professional Leave to Attend Summer School. At the completion of 225 three (3) consecutive years of service on a twelve month contract, an instructional 226 employee may be granted thirty (30) days of professional leave. Such accrued leave may 227 be combined with vacation leave for the purpose of attending summer school. Such leave 228 shall be with compensation. 229 Section 15. Sabbatical Leave. A maximum of ten (10) teachers annually who have 230 been selected for sabbatical leave under the provisions of this Article may elect to work 231 for eighty percent (80%) of their regularly contracted salary for a four-year period while 232 having the remaining twenty percent (20%) of their salary withheld in order to take leave 233 with full pay the fifth (5th) year for professional or personal growth at the salary they 234 would have received if not on leave. The school district will continue to pay the health 235 and life insurance negotiated premium for the year of sabbatical leave. It shall be 236 understood that a teacher granted sabbatical leave shall return as a teacher in the Lake 237 County School System for at least one (1) year of effective teaching service in the same or 238 a similar level position held before leave commenced. The Board shall have the right to 239 select and approve teachers for sabbatical leave according to guidelines developed by 240 representatives of the Board and the LCEA and approved in a memo of understanding 241 signed by the parties. 242 Teachers selected by the Board for sabbatical leave shall be expected to demonstrate 243 continuing commitment to the six-year program. In the event a selected teacher is 244 required to withdraw due to personal or other acceptable reasons, all salary withheld shall 245 be paid to the teacher, or to the teacher's designated beneficiary or estate if no beneficiary 246 has been designated. 247 Teachers interested in applying for sabbatical leave under the provisions of this Article 248 shall do so no later than three (3) months prior to the end of the contract period in which 249 application is made. 250 Section 16. Family and Medical Leave Act. The parties agree to comply with the 251 provisions of the Family and Medical Leave Act. 252

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ARTICLE XVIII

TRAVEL AND REIMBURSEMENT Section 1. Authorized travel for employees of the Board shall be reimbursed as 1

follows: 2 A. In-district travel which has been expressly authorized by the district office shall be 3

reimbursed at the rate established by School Board Policy 7.52, up to a maximum 4 of 1000 miles per month. If travel in excess of 1000 miles per month is 5 anticipated by the employee, the employee must obtain approval in advance of the 6 travel in order to be reimbursed. 7

B. Out-of-district travel which has been expressly authorized by the district office 8

shall be reimbursed as follows: 9

1. One day trips: Expenses by authorized employees on school business 10 which requires only one (1) day of absence shall be reimbursed for travel 11 and meals at the rate established by School Board Policy 7.52. 12

2. Overnight trips: Expenses by authorized employees on school business 13

requiring absence in excess of one (1) day shall be reimbursed for travel 14 and per diem at the rate established by School Board Policy 7.52. Travel 15 shall be reimbursed at air travel tourist rates when this is more economical 16 than mileage and per diem by car. 17

C. Teachers who drive their own vehicles to required meetings at sites other than 18

their normal worksites, or who are assigned to more than one (1) worksite, will be 19 reimbursed at the maximum mileage rate as established by School Board Policy 20 7.52, according to the following conditions: 21

1. Travel from the normal worksite to the required meeting and from the 22

required meeting to the normal worksite will be reimbursed. 23

2. Travel from the teacher's home to the required meeting and from the 24 required meeting to the teacher's home will be reimbursed only for those 25 miles of driving distance which exceed the driving distance between the 26 teacher's home and normal worksite. 27

3. Travel from one (1) assigned worksite to another assigned worksite will be 28

reimbursed. 29

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D. A teacher shall not be required to transport students in his own automobile for 30 school related activities except those teachers having to transport students based 31 on job expectations. A teacher transporting students with his automobile for 32 school related activities shall be approved by the Office of Risk Management. 33

Teachers who are required to transport students shall be reimbursed for approved 34 trips at the rate approved by the Board. Teachers requesting mileage 35 reimbursement shall have the responsibility to complete the necessary forms and 36 submit them to the building manager. 37

Section 2. Mileage within the district will be computed and paid according to the 38 district mileage schedule. 39 Section 3. When more than one (1) employee is going to the same destination, travel 40 shall be pooled or a bus shall be provided where such is possible. Teachers who choose 41 not to participate in available car pools and/or buses provided shall not be entitled to 42 reimbursement. 43 Section 4. Where a common carrier is used, reimbursement will be made only for the 44 most economical class. The expense of common carrier travel may be processed through 45 the district office on a purchase order or by copies of paid bill(s) attached to the 46 employee's travel voucher. 47 Section 5. Reimbursement may be requested for tolls, taxis, and registration fees, and 48 limousine service when properly documented. No reimbursement may be authorized for 49 gratuities. 50 Section 6. In all cases, documentation acceptable to the Board will be required for 51 reimbursement. 52

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ARTICLE XIX

TRANSFERS, REDUCTIONS IN FORCE AND VACANCIES Section 1. Authority. The Superintendent shall have the authority to transfer 1 teachers within the system according to the language as found in Section 2 when the 2 interests of the educational program and the operation and efficiency of the school system 3 require such action. The District School Board shall act on recommendations of the 4 District School Superintendent regarding transfer of any employee. 5 Section 2. Transfers. 6 A. Voluntary Transfers. 7

The Board will maintain a list of teachers who have requested voluntary transfers. 8 Said requests must be renewed by October 1st of each school year to remain valid. 9 No assignment of new teachers to a specific position in the school system shall be 10 made until all pending requests for transfer to that position have been given due 11 consideration. 12 Consideration will be given to teachers on the basis of certification, qualifications, 13 performance evaluation and ability to meet the program needs of the school. 14 Length of service to the school district, while not the controlling factor, will be 15 considered. 16

B. Involuntary Transfers. 17

A teacher may be transferred from one (1) school to another within the county 18 District. and on the level provided by the certificate of the teacher concerned 19 when, in the judgment of the Superintendent, the interests of the educational 20 program will be better served. The Superintendent will consider, among other 21 things, the suitability of the teacher's qualifications, and performance evaluation 22 as they relate to the needs of the position to be filled, and will give special 23 consideration to the teacher's personal preferences, place of residence, and other 24 relevant factors. Length of service recency to the school district (i.e., the most 25 recent sequence of consecutive years of service), while not the controlling factor, 26 will be considered. The placement of teachers being involuntarily transferred 27 shall have priority over new teachers being hired for open positions. Teachers 28 will be consulted prior to the making of a final decision relative to transfer. 29

Section 3. Vacancies. 30 A. When a vacancy occurs in the bargaining unit, said vacancy shall be advertised 31

with the necessary requirements and qualifications published on the Board’s 32 authorized School District’s official website and applicant tracking system. 33

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B. Advertising of vacant positions shall be as follows: 34

1. Beginning at the close of the first (1st) month of school, and continuing 35 monthly through the post-planning period, vacant positions which are to 36 be filled shall be advertised Weekly for a minimum of five (5) days prior 37 to being filled except in an emergency. 38

2. Qualification, salary, and job requirements shall be listed. Beginning at 39 the end of the post planning period and continuing until the last week of 40 the first month of school, positions may be advertised a minimum of three 41 (3) days and hiring may occur during the advertisement period. 42

43 3. Advertisements shall include qualifications, salary, and any special job 44

requirements. 45

C. A promotional vacancy shall be deemed to exist for which members of the 46

bargaining unit may apply, after the Board has taken action on whatever transfers 47 it deems necessary if the Board decides to fill the position. Such vacancy shall be 48 advertised in accordance with the provisions of Section 2-B of this Article. The 49 District School Board declares its support of a philosophy of attempting to fill 50 vacancies from within school system personnel based on certification, 51 qualification and performance evaluation. The District Board retains the sole 52 right to determine whether or not an applicant is qualified. 53

D. All applicants will be given due consideration. If requested, unsuccessful 54

applicants shall be given reasons for not attaining that position. 55 E. The Board declares its support of a philosophy of attempting to fill vacancies, 56

including vacancies in supervisory positions, from within school system personnel 57 who are properly certified and qualified. The Board retains the sole right to 58 determine whether or not an applicant is qualified. 59

Section 4. Reduction in Force. Should it become necessary to reduce the number of 60 annual contract teachers by layoff or otherwise, the Superintendent will make the 61 selection and shall base his decision upon the best interests of the educational program as 62 a whole. Due consideration will be given to seniority; however, such will not be disposi-63 tive or controlling. If continuing contract/professional service contract teachers are to be 64 affected by a layoff, certification and length of service recency to the school district shall 65 be the controlling factors. The Board shall maintain a list of teachers on layoff and will 66 exhaust this list before hiring new teachers. It shall be the duty of a teacher to ensure that 67 the Board has current information regarding place of residence and telephone number. If 68 workforce reduction is needed, the District School Board must retain employees at a 69

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school or in the school district based upon educational program needs and the 70 performance evaluations of employees within the affected program areas. Within the 71 program areas requiring reduction, the employees with the lowest performance 72 evaluations must be the first to be released; the employees with the next lowest 73 performance evaluations must be the second to be released; and reductions shall continue 74 in this manner until the needed number of reductions has occurred. The District School 75 board may not prioritize retention of employees based upon seniority, according to SB 76 736. 77 Section 5. Reassignments. The Superintendent shall have authority to reassign 78 teachers including reassignment of duties and responsibilities within a school when the 79 interest of the educational program and the operation and efficiency of the school system 80 require such action. 81 Section 6. Redistribution of Teachers Due to the Opening, Closing and/or 82 Redistricting of Schools. 83 For the purpose of this section, the term “affected school(s)” refers to a school that is 84 sending and/or receiving students from or to another school or schools. 85

A. Due to the closing, opening or redistricting of schools, students are reassigned 86 and the projected FTE is adjusted at the affected school(s). Instructional 87 allocations are determined or adjusted as necessary. 88

B. A special posting of the vacancies created by the reassignment of students will 89

be posted at the affected school(s). Instructional personnel at affected 90 school(s) are eligible to apply for posted vacancies. Principals are not 91 obligated to interview all who apply. 92

C. Principals may only hire instructional personnel from each of the affected 93

school(s) in a number that corresponds directly to the number of students 94 received from that school. 95

D. At a designated time set by Human Resources, instructional personnel 96

interviewed from affected schools(s) will be notified of their reassignment 97 status by the appropriate principal. If sufficient vacancies exist, qualified 98 teachers from affected school(s) who have not been reassigned will be placed 99 at the receiving school(s). All remaining qualified teachers will be placed 100 district-wide. After all remaining qualified teachers from affected schools 101 have been placed; the district reappointment schedule will resume. 102

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ARTICLE XX

SUMMER SCHOOL Section 1. All teachers shall be eligible to submit applications to teach in the summer school 1 program. Teachers will apply directly to the school administrator who will supervise summer 2 school at the designated location(s). The date for submission of applications will be determined by 3 the District Office and will be clearly stated in the guidelines when they are distributed for posting. 4 Applications may be submitted only during the submission time indicated. Teachers will be 5 notified of the disposition of their applications as soon as possible. 6

Section 2. A teacher will be employed in the summer school program on a day-to-day basis 7 depending upon the enrollment of students as determined by the Board, and teachers may be laid 8 off at any time when enrollment requires such action. 9

Section 3. A teacher who is employed in the summer school program will be compensated on 10 the basis of a daily rate which shall be computed on the hourly rate of the teacher's salary for the 11 preceding school year. A teacher will not be compensated for days on which the teacher is absent 12 from work, and a teacher must work a minimum of half or more of a day in order to receive pay for 13 that day. 14

Section 4. A teacher who works a minimum of twenty (20) days during the summer school 15 program will accrue one (1) day of sick leave. A teacher who works in the summer school 16 program for the six-week term shall be allowed one (1) day of sick leave with pay if needed. 17

Section 5. The teacher workday for the summer school program will be determined through a 18 Memo of Understanding. A minimum of thirty (30) minutes for a workday of not more than five 19 (5) hours or forty (40) minutes for up to one and one-fourth (1 1/4) hours thereafter shall be 20 included for planning purposes and necessary supervisory duties such as bus duty and "break" 21 supervision. 22

Section 6. The Superintendent shall determine starting and ending dates for the summer school 23 program. 24

Section 7. Teachers employed in the summer school program will be paid according to the 25 District’s payroll schedule. 26

Section 8. Depending upon funding, exceptional child summer school program starting and 27 ending dates shall be determined by the Superintendent. A Memo of Understanding between the 28 Board and the LCEA shall clarify teacher hours, wages, and working conditions. 29

Section 9. All members of the bargaining unit shall be eligible to apply for advertised summer 30 school positions. Consideration will be given to applicants on the basis of certification, 31 qualifications, and ability to meet the program needs of the school. Length of service to the school 32 district, while not the controlling factor, will be considered. 33

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ARTICLE XXI

SCHOOL PLUS

Section 1. All certificated personnel at the designated School Plus site shall be entitled to apply 1 annually for School Plus teaching and supervision. No teacher at the designated school site shall be required 2 to teach and supervise School Plus. Nothing in this language shall preclude deans and/or assistant principals 3 from applying and/or being accepted for the School Plus position. Designated school sites shall be 4 determined by the principals. In cases where one site serves more than one (1) school, each faculty will have 5 the opportunity to apply for the School Plus position(s). 6 Section 2. The principal shall advertise the School Plus positions to the school faculty for a period of 7 one (1) week. 8 Section 3. Selection for the School Plus position shall be determined by the principal based on 9 qualifications and suitability. 10 Section 4. The principal, with the approval of the Superintendent, retains the right to change the School 11 Plus teacher when in the principal's judgment the teacher is not performing the duties in a satisfactory 12 manner. 13 Section 5. The principal may appoint more than one (1) teacher to the School Plus position should 14 he/she decide that it is in the best interest of the school site to rotate the School Plus position among staff 15 members. 16 Section 6. An outline of the duties to be performed to earn compensation for the School Plus position 17 shall be in writing and approved by the principal and the Superintendent. One (1) copy will remain with the 18 principal and one (1) copy will be filed with the Superintendent prior to the beginning of the program. 19 Section 7. The staff member in charge of School Plus will be provided with procedures to use in case of 20 an emergency. 21 Section 8. The School Plus workday shall be three (3) hours and forty-five (45) minutes in length unless 22 otherwise determined. 23 Section 9. A staff member who is employed for the School Plus program will be compensated on the 24 basis of a daily rate which shall be computed on the hourly rate of the staff member's salary for the current 25 school year. 26 Section 10. A staff member who has been appointed to the School Plus position and is absent from work 27 shall not be compensated for the day(s) the staff member is absent from work. The staff member shall notify 28 the school principal on the day preceding the designated School Plus day the employee anticipated being 29 absent. 30 Section 11. The Board reserves the right to cancel the School Plus Program at any time. 31

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(Compensation will be calculated based on the employee’s daily rate which shall be computed on the staff 32 member’s hourly rate for the current school year.) 33

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ARTICLE XXII

COPIES OF AGREEMENT

Copies of this Agreement entitled "Agreement Between the School Board of Lake 1 County, Florida, and the Lake County Education Association, Inc.", shall be printed 2 available as follows: The Association shall be responsible for printing and distributing 3 copies to each work site to include one for each Building Representative and one for the 4 Media Center. Members of the bargaining unit may also access this Agreement online 5 via the LCEA website (www.lcea.org). The Board shall be responsible for printing the 6 number of copies that it deems necessary. The text of the actual Agreement shall be 7 identical in content and format. 8 9

1. The Association shall be responsible for printing and distributing one copy for 10 each building media center. 11

2. The Association shall be responsible for creating and distributing an electronic 12 copy, disc. flash drive, etc., for each Building Representative. 13

3. Members of the bargaining unit and all other interested parties may also access 14 this Agreement online via the Lake County Schools website (lake.k12.fl.us). 15

4. The Board shall be responsible for printing the number of copies that it deems 16 necessary. 17

18 The text of all copies of the actual Agreement shall be identical in content and format. 19

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ARTICLE XXIII

SEPARABILITY

Should any article, section, or clause of this Agreement be declared illegal by a court of 20 competent jurisdiction, said article, section, or clause, as the case may be, shall be 21 automatically deleted from this Agreement to the extent that it violated the law. The 22 remaining articles, sections, and clauses shall remain in full force and effect for the 23 duration of this Agreement if not affected by the deleted article, section, or clause. 24

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ARTICLE XXIV

WAIVER

The parties acknowledge that during the negotiations which resulted in this Agreement 1 each had the unlimited right and opportunity to make demands and proposals with respect 2 to any subject or matter not removed from the area of collective bargaining, and that the 3 understandings and agreements arrived at by the parties after the exercise of that right and 4 opportunity are set forth in this Agreement. Therefore, except as required by law, each 5 party voluntarily and unqualifiedly waives the right to bargain collectively with respect to 6 any subject or matter referred to or covered by this Agreement and with respect to any 7 subject or matter not specifically referred to or covered in this Agreement, even though 8 such subject or matter may not have been within the knowledge and contemplation of 9 either or both of the parties at the time they negotiated or signed this Agreement. 10

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APPENDIX A

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APPENDIX B

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APPENDIX B

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APPENDIX C

DIFFERENTIAL PAY SCHEDULE 2010-2011

HIGH SCHOOL 0-3 Years 4-7 Years 8+ Years Band Director * Assistant

3025 2002

3131 2076

3241 2153

Choral Director 1798 1861 1926 Combined Band and Chorus 3614 3928 4065 Athletic Director 4667 4830 5000 Football Head Coach 3632 3803 3965 1st Assistant 2002 2076 2153 2nd Assistant 2002 2076 2153 3rd Assistant 2002 2076 2153 * 4th Assistant 2002 2076 2153 1st Jr. Varsity 1802 1876 1953 2nd Jr. Varsity 1706 1780 1865 3rd Jr. Varsity 1706 1780 1865 Volleyball – Head Coach 2147 2215 2286 Jr. Varsity 1603 1659 1717 Basketball – Head Coach 3022 3193 3355 Assistant 2002 2076 2153 Jr. Varsity 1522 1607 1674 Soccer – Head Coach 2514 2600 2689 Jr. Varsity 1859 1924 1991 Softball – Head Coach 2514 2600 2689 Assistant 2023 2094 2167 Jr. Varsity 1526 1579 1634 Baseball – Head Coach 2514 2600 2689 Assistant 2023 2094 2167 Jr. Varsity 1526 1579 1634 Swimming – Head Coach 1873 1935 1999 Assistant 1078 1116 1155 Swimming – Head Coach Combination 2809 2902 2998 Assistant 1617 1674 1732 Track – Head Coach 2219 2293 2370 Assistant 1558 1613 1669 Cross Country 1347 1394 1443 Golf 1334 1381 1429 Tennis 1420 1470 1521 *Summer Weight Lifting 1511 1644 1778 Cheerleading Sponsors: Varsity Football 1858 1923 1990 Varsity Basketball 1858 1923 1990 J.V. Football 1319 1365 1413 J.V. Basketball 1319 1365 1413 Majorettes or Flag or Combo 850 876 903 Other Approved Sports 1339 1386 1435 District Television Service Coordinator (1) 5,000 5,000 5,000

* Band Director Assistant – 100+Students

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HIGH SCHOOL (continued) *4th Assistant Varsity Football can be utilized if the school is classified as 4A per Florida High School Activities Association classification rule. *In order to draw full supplement for summer weightlifting, the weight room must be open maximum number of days per classification. **Head football coaches shall be paid eighty-five percent (85%) of the supplement at the end of the regular season. The remaining fifteen percent (15%) of the supplement shall be paid at the end of the spring season. Athletic Fines – In the event a fine is imposed by the Florida High School Athletic Association, as the result of a coach’s action or inaction, it shall be the responsibility of the coach to reimburse the school the amount of said fine. ……………………………………………………………………………………………… MIDDLE SCHOOL 0-3 Years 4-7 years 8+ Years Band Director 1566 1621 1678 Choral Director 1142 1182 1223 Combo Band & Choral 1615 1672 1731 INTRAMURAL PROGRAM COACHES (AFTER SCHOOL ACTIVITY) Intramural Director 1009 1044 1090 Intramural Coach 828 857 887 Middle schools providing after school activity in the areas of soccer, basketball, softball, volleyball, cheerleading, and life sports may provide coaching supplements up to a maximum of twelve (12) positions per school at the principal’s discretion and the approval of the Supervisor of Athletics. INTERSCHOLASTIC PROGRAM COACHES (AFTER SCHOOL ACTIVITY) Interscholastic Sports Director 400 400 400 Interscholastic Coach 344 352 368

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APPENDIX D DIFFERENTIAL PAY SCHEDULE - 2010-2011

HIGH SCHOOL 0-3 Years 4-7 Years 8+ Years

*Video Yearbook or Hard Cover Yearbook 1372 1420 1470 *Senior Class 937 970 1004 *Junior Class 814 842 871 *Sophomore Class 495 512 530 *Freshman Class 495 512 530 *Newspaper 1073 1111 1150 *Drama (per major production – Limit 3) 675 699 723 *Student Council 985 1019 1055 *Anchor 360 373 400 *Beta 523 541 560 *Interact 360 373 400 *Key 360 373 400 *National Honor Society 582 602 623 Hi-Q 912 944 977 *Future Educators of America 434 449 465 *Student Council for Ex Child 360 373 400 Vocation Clubs (3) 515 533 562 Other Approved Clubs (4) 515 533 552 (* 1 PER SCHOOL) ……………………………………………………………………………………………………… MIDDLE SCHOOL

*Video Yearbook or Hard Cover Yearbook 701 726 765 *Newspaper 601 622 644 *Student Council 568 588 609 *Beta 643 665 688 *Builders Club 330 342 354 *National Honor Society 564 584 604 *Vocational Clubs 329 340 352 Hi-Q 353 366 379 Drama (per major production – Limit 2) 475 500 525 Other Approved Clubs (4) 250 259 290 (* 1 PER SCHOOL) ……………………………………………………………………………………………………… ELEMENTARY SCHOOL Other Approved Clubs (4) 250 259 268 ……………………………………………………………………………………………………. ALL GRADE LEVEL, DEPARTMENT CHAIRPERSON, TEAM LEADER: 2 – 4 734 5 – 7 970 8 – 11 1237 12 plus 1382 Special Olympics District Coordinator (2) 1290 1332 1375 Special Olympics Coach (per season) 261 270 279 ………………………………………………………………………………………………………

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TEACHER ORIENTATION PROGRAM (90 Day) Mentor Teacher per Beginning Teacher Assigned 534 Other Professional per Beginning Teacher Assigned 180 Psychologists and Speech/Language Pathologists National Certification: 1 All Psychologists with national certification and Speech/Language Pathologists with CCC will 2 receive an amount equal to the Dale Hickman Excellent Teaching Program. 3 All Technology Contacts: 4 School-based employees, including District-Level Student Services Department and Exceptional 5 Student Education Department, who provide computer software and hardware support to the 6 M.I.S. department and who assist with computer training shall receive an annual supplement 7 according to the following formula: 8

1. 1 – 100 computers will generate 0.5 allocation unit. 9 2. 101 – 225 computers will generate an additional 0.5 unit or one full unit. 10 3. 226 – 350 computers will generate an additional 0.5 unit or 1.5 units. 11 4. Over 350 computers will generate an additional 0.5 unit for a total of 2 units. 12

The computer count shall be based on the Instructional Microcomputer Survey conducted each 13 fall by the M.I.S. Department. There should be parity between the number of computers served 14 and the supplement amount received by the Technology Contact employees at each site. The 15 supplement for a full allocation unit shall have an index value of 0.0338 ($900). The supplement 16 for each 0.5 allocation unit shall have an index value of 0.0169 ($450). 17 All Test Coordinators: 18

School-based employees assigned to serve as Test Coordinators shall receive an annual 19 supplement according to the following formula: 20

Number of Students

Elementary Middle High

0-700 $400 $600 $800 701-1500 $600 $800 $1000 1501 plus $700 $900 $1100

Schools with a student population of 2000 or more shall receive an additional allocation. The 21 dollar amount shall be computed as one-half the student population applied to the formula. 22 Stipend Rate: 23

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For participation in workshops and /or in-service outside of the regular workday: $15.00 per hour. 24 In-Service Instructors Compensation: 25 Employees of the Lake County School Board who serve as instructors of in-service components 26 will be compensated at the rate of $30.00 per hour, plus benefits. This includes all hours worked 27 both direct and indirect instruction and is only for Teachers teaching Teachers. The same rate will 28 be paid to all regardless of degree. The district employee contract must be signed by all parties in 29 order for payment to occur. 30 Science Fair: 31 Coordinator (school-based employee / one per school) $500.00 32 Sponsoring Teachers: 33 Lake Regional Science Fair and Engineering Fair of Florida Number of Students

1-5 $200.00 6-10 Additional $50.00 for a total of $250.00 11 plus Additional $50.00 for total of $300.00

State Science and Engineering Fair of Florida Number of Students

1-5 $200.00 International Science and Engineering Fair Number of Students – (Only one selected)

$200.00

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APPENDIX E

Included in this Appendix are forms referenced and memoranda of understanding within the Agreement:

Payroll Deduction Form Grievance Form Teacher Removal of Student from the Classroom

Sabbatical Leave

Memo of Understandings:

Targeted Correct II Differentiated Accountability Schools for 2010-2011

Leesburg High School’s Participation in the Federal Funded School Improvement Grant. Voluntary Pre-K program for 2010-2011 2011 – 2012 Test Item Development to meet the requirements of the student success act Virtual School Adjunct Positions LCEA Vice President use of district e-mail

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