AGREEMENT
BETWEEN
MARION/FLORENCE EDUCATORS' ASSOCIATION
AND
MARION-FLORENCE UNIFIED SCHOOL DISTRICT 408
MARIONCOUNTY
STATE OF KANSAS
2015 – 2016
TABLE OF CONTENTS
Negotiations1
In-Service/Workday2-3
Grievance Procedure4-5
Professional Dues6
Workday 7
Contract Term8
Evaluation of Certified Employees 9-11
Leave Policy12-15
Extra-Duty Assignment Compensation16
Salary Provisions17
Reduction of Teaching Personnel18
Using Teachers During Planning Periods19
Overload Teaching20
Reproduction of Agreement21
Supplemental Schedule22
Supplemental Schedule (District School Improvement Team)______23
In-Service Points for Salary Advancement 24
2014-2015 Salary Schedule 25
BS+34 Column26
Salary Reduction Agreement27
Flexible Fringe Benefit Program28
Health Insurance Fringe Benefit29
NEGOTIATIONS
The Board recognized the Marion/Florence Educators’ Association as the exclusive bargaining representative for the teachers in USD 408. This may change as provided by law.
The teachers negotiating group shall represent all regularly employed, certified teachers who are under contract. This shall include classroom teachers, music teachers, P.E. teachers, librarians, and counselors. This shall not include extended contracts of the above list. The teachers negotiating group shall not represent administrators, substitute teachers, teacher aides, nurses and any or all groups or persons not specifically listed above.
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IN-SERVICE/WORKDAY
There shall be nine in-service and/or workdays during the contract year. Five of these days shall be in-service days and/or planning days for curriculum implementation. The other four shall be workdays, one at the beginning of the school year, one-half day at the end of the first quarter, one at the end of the first semester, one-half day at the end of the third quarter, and one at the end of the school year.
In addition, all teachers may elect to participate in an optional workday prior to the beginning of the contract term. Teachers of grades K-12 may work a maximum of one (1) extra day. Compensation for the optional workdays shall be at the substitute rate of pay.
The Improvement Teams will make arrangements with teachers involved in classes required for recertification or an approved graduate school program where conflicts in summer school schedule and contract obligations arise. Teachers for whom such conflicts arise shall forfeit their daily rate of pay for each contractual day missed.
DEFINITIONS OF IN-SERVICE/WORKDAYS
- An in-service day is recognized as part of the teacher’s contractual workdaysbut during which there are no classes conducted. It shall be used forpurposes such as introduction to staff of new programs of instruction, presentation of guest speakers on current educational topics, seminars/workshopsin various disciplines of the curriculum, or other school improvement activities.
- A workday is also recognized as part of the teacher’s contractualwork days during which there are no classes conducted. A day shallinclude, but not be limited to the following: preparation for the next nineweeks classes or a new semester; computation of grades; or planninglessons for a new grading period. The workday shall be used by theteacher to accomplish that work which is most pressing to him/herat that time. Usual workday hours will apply on these days.
- A planning day for curriculum implementation is recognized as part of the teacher’s contractual work days during which there are no classes conducted.A day shall be used by teachers to design methods and develop materialsfor implementing, delivering, and assessing the curriculum to the students. This work may be done individually, in groups, and/or in consultation with thecurriculum coordinator or other appropriate consultants.
IN-SERVICE/WORKDAY COMMITTEE
Recognizing the importance of an in-service education program which meets the collective and individual needs of teachers, the District School Improvement Teams, Building Improvement Teams, and the Professional Development Council shall ascertain the in-service needs of the teachers. The superintendent shall determine the costs of the in-service programs and the improvement teams will determine the programs to meet those needs.
These teams are representative groups of local district certified personnel which advise and inform the USD 408 Board of Education in matters concerning the planning, development, implementation and operation of the Kansas State Department of Education In-Service Education Plan.Selection of the teachers on the improvement teams shall be within the guidelines established by each team.
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NOTIFICATION OF IN-SERVICE
Teachers will be given at least five (5) school days written notice of an in-service activity.
It is understood and agreed that this agreement pertains only to district-wide or building in-service and workdays and is not applicable to building staff or faculty meetings.
Note:Teachers new to the district and who are required to attend the one additional non-teaching day will be expected to report the day before the regular assignedorientation period.
ADDITIONAL IN-SERVICE
In the event that additional in-service is requested of a portion of the faculty, the improvement team(s) may not request more than three additional days of in-service per teacher per year. Participation in this in-service shall be optional. Compensation for additional in-service days shall be at $120 rate per day.
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GRIEVANCE PROCEDURE
The grievance procedure is to provide an established vehicle for airing a grievance situation. A grievance may be filed by an employee or by the USD 408 Educators’ Association.
A grievance is defined as an alleged violation, misinterpretation or misapplication of 1) the Negotiated Agreement, 2) the teacher’s individual contract, or 3) a law, a state regulation having the effect of law, board policy, or administrative regulation.
In cases that involve policies, contract, or negotiated agreements, the employee/or association may determine if the hearing should be private or public. In cases that involve other persons, the hearing will be held in private, unless both parties agree to a public hearing. The Board of Education will inform persons if a grievance has been filed against them and who is filing the complaint. In filing a grievance, the person or association must show evidence that they have made substantial effort to resolve the problem with the administrators and/or employees involved. The following procedure shall be used in the disposition of grievances, if the matter is unable to be resolved through informal meetings.
Step 1.A written statement will be filed with the building principal within ten (10) school days of cause of grievance in reasonable detail and with a recommendation for the resolution of the grievance. The attached form shall be used. If the disposition of the grievance is not satisfactory to the teacher and the teacher wishes to carry the matter further, then the procedure in Step 2 shall be followed.
Step 2.A written statement must be filed with the superintendent within five (5) school days of decision rendered by principal. A follow-up conference will be held with the grievant, the building principal, and the superintendent. If the disposition is not satisfactory and the teacher wishes to carry the matter further, Step 3 procedure shall be followed.
Step 3.A written statement must be filed with the Board of Education clerk or president within five (5) school days of the decision rendered by the superintendent. The Board of Education willmeet with the grievant no later than the next regular board meeting unless the filing is within 5 days or less of the next regular board meeting, at which time the board will meet with the grievant at the subsequent next regular board meeting. The hearing will be conducted in a fair and impartial manner. The board will then make a decision as to the resolution of the grievance and notify all parties concerned within 3 days of the hearing.
The form supplied by the Board of Education must be used. Additional information or sheets may be added to the form if space is not sufficient.
If a teacher alleges an injury or wrong to the teacher in fulfilling his or her professional responsibilities, and the facts as alleged do not otherwise qualify as contractual, legal, regulatory, or policy violations, then a teacher may nonetheless present a grievance, but the grievance shall not be placed on the board agenda, and the grievance resolution process shall not proceed beyond the follow-up conference outlined in Step 2 set forth above. The superintendent’s resolution of such a grievance shall be considered final.
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GRIEVANCE REPORT FORM
USD 408
Name of grievant ______
Building ______Date ______
Submit to Principal in Duplicate
Step I
A.Date cause of grievance occurred ______
B.1. Statement of grievance ______
2. Relief sought ______
______
Signature ______
Date ______
C.Disposition of Principal ______
______
Signature ______
Date ______
Step II
A.Date received by superintendent or designee ______
B.Disposition of superintendent ______
Signature ______
Date ______
Step III
A.Date of request of board hearing ______
B. Date of board meeting ______
C.Disposition of board ______
______
Signature ______Date ______
Board President
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PROFESSIONAL DUES
The board shall deduct from the payroll such professional dues as are requested by the teacher. Dues shall be deducted in six (6) equal installments beginning in October. The board shall not be liable for collections over or under the stipulated amount.
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WORKDAY
The workday shall normally be from 8:00 a.m. to 4:00 p.m. for all full-time teachers. Upon voluntary contractual agreement between the Board of Education and individual teachers, the contracted workday start time and end time may be changed, so long as the total contracted time does not exceed eight hours. The starting and ending times for the school day shall be established by the Board of Education and may be modified from time to time to accommodate unusual circumstances. The elementary day may vary from the above in order to adjust to bus schedules, so long as the total number of hours does not increase the teacher’s workday. With individual approval of the principal, a teacher may be allowed to leave during contracted time, before school starts or at the conclusion of the school day for unusual and justified reasons. Prior to holidays all teachers may be dismissed 15 minutes after announced student dismissal time. Teachers shall request permission of the building principal if they need to leave the job for any reason during the workday.
Teachers are responsible for the duties assigned during the regular workday. Supervision of students at all times is an essential part of each teacher’s regular duties.
All teachers are allowed a duty free lunch period. If lunch duties are necessary, teachers who volunteer to provide lunch supervision duty will be compensated at the rate of $10.00 per clock hour, one half-hour minimum.
If not assigned a responsibility, teachers are free to leave the grounds during the lunch period.
The Board of Education shall provide for each teaching employee a period or periods of time during the workday for lesson grading, preparation and planning. Efforts will be made to insure all full-time teachers a minimum average of 46 minutes per day planning time. Planning time will be pro-rated for part-time teachers. Planning time shall be in classroom. In addition, efforts to provide teachers a common planning time to cooperatively plan instruction for school improvement will continue.
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CONTRACT TERM
The contract period for teachers of USD 408 for the 2015-2016 school year shall be 177 teaching days and 9 non-teaching days, except for teachers who are new to the district, or who are on extended contracts. For teachers new to the district, the number of duty days shall be 177 teaching days and 10 non-teaching days. Extended contracts will be agreed upon by the individual teacher and the superintendent. In the event that there is a lost day, efforts will be made to make up the day as it was originally intended.
In addition to 186 or 187 days of service, the certified employee may be required to put in 6 hours for staff and/or in-service and/or assigned supervisory duties beyond the prescribed working day. The additional before/after school working hours may be assigned by the principal or the district superintendent. Any hours beyond the 6 hours shall be reimbursed at the rate of $10.00 per hour. Forms shall be provided by the administration for reporting these hours. Certified employees have the right to refuse any hours over the 6 hours required.
The Improvement Teams will make arrangements with teachers involved in classes required for recertification or an approved graduate school program where conflicts in summer school schedule and contract obligations arise. Teachers for whom such conflicts arise shall forfeit their daily rate of pay for each contractual day missed.
Liquidated Damages
Teachers who resign contracts for the following year after May 15 will be subject to the following schedule of liquidated damages:
May 15 – June 30$100.00
July 1 – Aug. 15$200.00
After Aug. 15$500.00
The Board of Education may waive the $100.00 in case of hardship on the employee where the resignation is caused by something unforeseen or unavoidable. The Board of Education remains the sole judge of these decisions.
All requests of resignation from a contract should be directed to the superintendent in writing. All requests shall take Board action before they are approved.
Early Resignation Incentive
Teachers who provide written notice of resignation at the end of the contract term will be provided the financial incentive, which corresponds to the resignation submission date stated below.
Resignation received by:
February 1st$1,000
March 1st$500
April 1st$250
April 30th$100
Written notice should be submitted to the superintendent.
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EVALUATION OF CERTIFIED EMPLOYEES
I.PURPOSE OF CERTIFIED EMPLOYEE EVALUATIONS
Evaluation is essential in achieving the school district’s goal of instructional improvement. Itis designed to increase each certified employee’s effectiveness, to bring insight to each certifiedemployee’s strengths and weaknesses, and to lead to self- improvement. The evaluation shall encourage two-way discussion so that these goals can be met.
II. EVALUATION OF CERTIFIED EMPLOYEE(1st-4th Year of Employment)
Every certified employee during the first two years of consecutive employment in this district shall be formally evaluated each semester by no later than the 60th school day of the semester.
Every certified employee during the third and fourth years of consecutive employment shall be formally evaluated at least once each school year by no later than February 15.
Formal evaluation(s) shall be based on no less than three documented classroom observations of no less 20 minutes each. At least one documented classroom observation shall be scheduled in advance with the certified employee.
III. EVALUATION OF CERTIFIED EMPLOYEES (After four years)
Every certified employee with more than four consecutive years of employment in UnifiedSchool
District 408 shall receive a formal evaluation once every three years by no later than February 15 ofthe school year in which the certified employee is formally evaluated. Formal evaluation(s) will be based on no less than three documented classroom observations of no less than 20 minutes each. The observation documents shall be signed by both parties, with the certified employee’s signature as acknowledgment of receipt of a copy.
Each building principal or evaluator shall establish a three year cycle for formally evaluating those certified employees with more than four years of consecutive employment. Each year the three year formal evaluation cycle shall include approximately one-third of those certified employees with more than four consecutive years of employment.
During any year that the certified employee is not formally evaluated, there shall be at least two documented classroom observations, one per semester, of not less than 20 minutes with a conference following the observation. The observation document shall be signed by both parties, with the certified employee’s signature as acknowledgment of receipt of a copy.
Each building principal or evaluator may at his or her discretion alter the three year formal evaluation cycle for one or more certified employees if earlier intervention is deemed necessary. The certified employee or employees will be notified in writing when they are to be formally evaluated earlier than the established formal evaluation cycle.
After the fourth consecutive year of employment, a certified employee may request a formal evaluation during any subsequent year. This request must be received in writing before September 15.
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IV. PROCEDURE FOR FORMAL EVALUATIONS
Formal evaluation of all certified employees shall be based on performance of duties other than supplemental duties. Formal evaluation of all certified employees shall be based on criteria selected by the Board of Education. The formal evaluation document shall be signed by both parties during the post-evaluation conference. The signature of the evaluator and the signature of the certified employee indicate that the evaluation has been reviewed, that an evaluation conference was held, and that the certified employee was informed of the principal’s or evaluator’s comments. The signature of the evaluator also indicates that a thorough evaluation was held.
The evaluation will also determine the overall assessment of the certified employee’s performance.
Either the employee’s performance is satisfactory or it is not satisfactory.
All suggestions for performance improvement which are identified through formal evaluations will require the certified employee to provide, to the principal or evaluator, a written plan for improvement of performance in those areas identified. This plan must be submitted within two weeks of the evaluation review date.
If the employee’s performance is not satisfactory, a Plan of Assistance may be implemented.
V. CERTIFIED EMPLOYEE RESPONSE TO EVALUATION
In the event the certified employee feels that the formal evaluation is inaccurate, unfair, orincomplete, there shall be allowance for written response which shall be a permanent part of the evaluation review date.
The employee may request a review, by the superintendent, of a formal evaluation which was marked unsatisfactory. This request must be made within two weeks of the evaluation review date.
VI. PLAN OF ASSISTANCE
The Plan of Assistance is a procedure for helping the certified employee(s) who is not performing up to the expectations of the administration.
A certified employee may be placed on a Plan of Assistance for performance deficiencies of duties, other than supplemental duties, identified during the formal evaluation, documented classroom observations, or documented observations of any job related duties.