CURLEW 2013 – 2016 MASTER CONTRACT
FOR 2013 – 2014 SCHOOL YEAR
Curlew SchoolCurlew 2013-2016 Master Contract
For 2013-2014 School Year
Table of Contents
Article I – the Agreement
Section 1 – Preamble 4
Section 2 – Recognition 4
Section 3 – Status of the Agreement 4
Section 4 – Conformity to Law 4
Section 5 – Contract Compliance 4, 5
Section 6 – Distribution of the Agreement 5
Article II – rights
Section 1 – Association Rights 5, 6
Section 2 – Dues Deductions 6
Section 3 – Teacher Rights 6
Section 4 – Controversial Topics/Academic Freedom 6, 7
Section 5 – Personnel Files 7, 8
Section 6 – Hold Harmless 8
Section 7 – Due Process 9
Section 8 – Teacher Protection 9
Article Iii– leaves
Section 1 – General 9
Section 2 – Sick Leave 10, 11
Section 3 – Family Emergency Leave 11
Section 4 – Maternity Leave 11, 12, 13
Section 5– Personal Leave 13
Section 6 – Military Leave 13, 14
Section 7 – Jury Duty and Subpoena Leave 14
Section 8 – Association Leave 14
Article iv – evaluation
Section 1 – General Definition 15
Section 2 – Responsibility for Evaluations 15
Section 3 – Evaluation Criteria 15
Section 4 – Required Evaluations 15
Section 5 – Additional Evaluation 15, 16
Section 6 – Minimum Observation Criteria 16
Section 7 – Evaluation Procedures 16
Section 8 – Probation 17
Section 9 – Establishment of Probationary Period 17
Section 10 – Evaluation during the Probationary Period 17, 18
Section 11 – Supervisor’s Post-Probation Report 18
Section 12 – Action by the Superintendent 18
Section 13 – Procedural Checklist/Reference for Evaluation and/or Non-renewal 18, 19
Section 14 –Short Form Evaluation 19
ARTICLE V – REDUCTION IN FORCE
Section 1 - General 20
Section 2 – Nonrenewal Notices 20
Section 3 – Personnel Attrition and Transfer 20
Section 4 – Teacher Retention Rules 20, 21
Section 5 – Employment Pool 21, 22
Article VI– assignments, vacancies and transfer
Section 1 – Assignments, Vacancies and Transfer 22
ARTICLE VII - TEACHER WORKDAY
Section 1 – Regular Workday 22, 23
Section 2 – Calendar 23
Section 3 – Student Discipline 24
Section 4 – Parent Teacher Conference 24
Section 5 – Class Size/Workload 24
Section 6 – Special Health Needs Students 24
Article viii – Grievance Procedure wac 391-65
Section 1 – Purpose 25
Section 2 – Definitions 25
Section 3– Procedure 25, 26
Section 4– Exclusion for Grievance 26, 27
Section 5 – Timelines 27
Section 6 – No Reprisal 27
Section 7 – Cooperation 27
Article iX –release from contract
27
ARTICLE X – GENERAL PROVISIONS
27, 28
Article xi – finality of agreement
28
ARTICLE XII – DURATION
28
SIGNATURE PAGE
29
Version 6/19/2013
To add/modify
1. Replace evaluation language with the RCW/WAC
2. Language on prep time – what does the recess language mean – delete it?
ARTICLE I THE AGREEMENT
Section 1 – Preamble
This Agreement is entered into by and between the Curlew School District, acting through its Board of Directors, and the Curlew Teachers Association. Hereinafter, the Curlew School District shall be referred to as “the District”; its Board of Directors shall be referred to as “the Board”; and the Curlew Teachers Association as “the Association”; and the District, Board and Association shall collectively be referred to as “the Parties”.
Section 2 – Recognition
The District hereby recognizes the Association as the exclusive bargaining representative for all certificated personnel, including substitutes as per the Public Employment Relations Commission (PERC) decision of May 2, 1980 (Case No. 1455 C-78-64, Decision No. 874-Educ.), and part-time certificated employees employed by the District. Such representation excludes superintendent, associate superintendent(s), assistant superintendent(s), other chief administrators of the District, other certificated positions having administrative and/or supervisory functions, confidential employees as above terms are defined in RCW 41.59, and principals andassistant principals.
When used hereinafter, the term “teacher” shall mean an employee represented by the Association.
Section 3 Status of the Agreement
This Agreement shall become effective when ratified by the Association, followed by the Board and executed by authorized representatives. The Agreement shall be amended only with mutual consent of the parties, subject to the terms of this Agreement.
The administration of this Agreement may be discussed on a monthly basis with the Superintendent and Principal. The Association will be represented by the president, the chief negotiator, and one member-atlarge. Prior notification shall be given the appropriate designee in order that a mutual time may be arranged between the administration and the Association.
Section 4 Conformity to Law
In the event a term or condition of this agreement shall be declared illegal by a properly constituted authority, the parties shall meet to renegotiate the affected portions of the Agreement, but the remainder of the Agreement shall continue in effect for the duration of this Agreement.
Section 5 Contract Compliance
All individual teacher contracts shall be subject to, and consistent with, Washington State Law and the terms and conditions of this Agreement. In the event the collective bargaining process is not completed prior to the start of school, individual employment contracts will be issued with attached rider which indicates that final salaries, benefits and terms and conditions of employment will conform to the final agreement when bargaining is concluded.
Section 6 Distribution of the Agreement
Within thirty (30) workdays following the ratification of the Agreement by both parties, the Association shall print and Association shall distribute copies of the Agreement to all teachers. All teachers new to the District shall be provided a copy of the Agreement by the District subsequent to ratification.
The actual cost of printing the Agreement, as well as that of any amendments, shall be divided equally by the District and Association. Both parties to the Agreement shall mutually determine the format utilized and the number of copies required.
Prior to final printing, both chief negotiators or designee, shall read and review a draft copy of the Agreement which will be provided by the Association. If there is any disagreement in the final language to be printed, the language in the signed tentative agreements will prevail.
ARTICLE II – RIGHTS
Section 1 Association Rights
The Association has the right and the responsibility to represent the interests of all teachers in the unit, to present its views to the District on matters of concern either orally or in writing
A. The Association has the right to use school building facilities for Association business outside of contractual hours only and when such facilities are not in use. Failure to comply will result in disciplinary action against those members involved.
B. The Association has the right to post bulletins and Association information on the bulletin board in the faculty lounge.
C. The Association has the right to use the District’s typewriters, other duplication equipment, calculation machines and audiovisual equipment, computers and electronic equipment, and communication methods, when otherwise not in use, provided that the Association shall reimburse the District at the same rate charged to other users. Such use shall be at the school site.
D. The District shall make available to the Association the names of all new teachers within ten (10) workdays from the date on which the teacher was hired.
E. The Association has the right to use the teacher mailboxes for communication purposes except where prohibited by law.
F. Teachers may be invited to participate in the interview process when filling teacher vacancies.
Section 2 Dues Deductions
On or before September 10 of each school year, the Association may give written notice to the District of the dollar amount of dues and assessments for employee membership in the Curlew Teacher Association (CTA) and the Washington Education Association (WEA) for the coming school year.
Payroll deductions authorized by the teacher shall be made in twelve (12) equal amounts from each paycheck beginning the pay period in September and lasting through the pay period in August of each year. Dues shall continue to be deducted until the teacher submits a written request to discontinue dues deductions. Such request to the Association and District shall be given between August 15 and September 15 only.
The District agrees to promptly remit to the Washington Education Association all monies so deducted, accompanied by a list of teachers from whom the deductions have been made and to remit to Bank of America all CTA monies so deducted each month.
Section 3 Teacher Rights
The provisions of this Agreement shall be applied without regard to race, creed, religion, domicile, color, national origin, age, sex, marital status, the presence of any sensory, mental or physical handicap, and without regard to a teacher’s membership status in the Association.
Every teacher shall have the right to freely join, organize, and support the Association, and engage in collective bargaining and negotiations outside of contractual paid time.
Section 4 Controversial Topics/Academic Freedom
The District believes in the study of vital presentday public problems in the classroom and to provide the pupils with an opportunity to study current issues in an atmosphere free from partisanship or biased approach. The concepts of American freedom and scientific evaluation demand that teachers set an example of tolerance and broadmindedness in the discussion of such topics. Furthermore, it is the purpose of our school to educate rather than indoctrinate.
The professional staff can best perform their commitment to quality education in an atmosphere which is free from censorship and artificial restraints upon free inquiry and learning, and in which academic freedom for professional staff and student is encouraged. Academic freedom shall be guaranteed to professional staff and no special limitations shall be placed upon study, investigation, presenting and interpreting facts and ideas which are relevant to the course content subject only to accepted standards of professional educational responsibilities as expressed in the Code of Ethics of the Education Profession and in the District policy governing the teaching of controversial issues. To provide safeguards to all concerned, the following criteria is established:
1. Indoctrination of religious or sectarian beliefs shall not be included in any curriculum or in class discussion. No fraternity, sorority, or any other organization which operates secretly or selects members on the basis of race, religion or social class will be permitted in the public schools.
2. The controversial topics selected for study shall contribute to the major objectives of the general curricula.
3. The issues to be considered contribute to the intellectual growth and awareness concerning debatable problems of the day.
4. Regular curricula materials used in studying problems of a controversial nature shall be from district authorized sources or by permission granted by administrative authority.
Some controversial matters are spontaneous in nature and/or precipitated by the action of students or the immediacy of the issue. It is recognized that the teacher must be free to act in a manner reflecting his/her own professional judgment when such incidents occur and be free to express his/her opinion on said subject, but not be free to teach his/her opinion as fact.
5. The teacher, however, may invite representatives of different viewpoints to appear in the class and discuss their opinions only after obtaining approval of administrative authority.
6. Teachers must avoid the endorsement of a company’s product, service or attitude during contractual days.
Section 5 Personnel Files
A. One (1) personnel file shall be maintained in the District for each teacher. Contents of the file may include, but not be limited to, evaluation reports, copies of annual contracts, copies of teaching certificates and transcripts. No secret file shall be kept by the District; however, this will not preclude a principal from using an unofficial working file to record things deemed necessary to periodically document.
B. Material placed in the teacher’s permanent file or unofficial working file shall be available for review, unless the material is part of an active investigation, provided that the teacher shall arrange for an appointment with the Superintendent or designee. Such review may be conducted in the presence of a District administrator. The teacher may choose to have a witness during the inspection of personnel files.
Upon request by the teacher, the Superintendent/designee shall provide and sign an inventory sheet to verify contents of the permanent personnel file at the time of inspection by said teacher.
C. Materials reviewed by the teacher and judged to be derogatory to the Teacher’s conduct, service, character, or personality may be answered by the teacher in writing. Such responses shall become a part of District personnel records.
D. Any derogatory material not shown to a teacher within thirty (30) days after receipt or composition shall not be allowed in file or as evidence in any grievance or in any disciplinary action against such teacher except in cases of criminal investigation, including charges of child abuse.
E. After two years from the date of the discipline, during which the teacher has not had a recurrence of the behavior cited, the teacher may submit a written request that the progressive disciplinary document revert to the next lowest step of progressive discipline. From the date of the request to lower the discipline level of the document, if there has been no recurrence, the new level of the discipline will be noted as revised and dated on the original document. Documents lowered to the level of verbal warning will be removed from the personnel file and will be kept in the site supervisor’s file only. Two years after the issuance (or dated change) of a verbal warning, the verbal warning will be removed from the supervisor’s file upon receipt of written request from the teacher. The only reference to the discipline action will be kept in District records, separate from the teacher’s personnel file, as evidence of the District’s handling of the matter. It cannot be used as a basis for future discipline of the teacher.
The Washington Administrative Code governing acts of unprofessional conduct will be used as the guideline for all teachers. In the event the disciplinary action falls under these standards, the two year provision of this section may not apply.
F. All requests for personal/personnel information will be processed according to the following guidelines: