SUBSTANTIVE AGREEMENT ROXANA BOARD OF EDUCATION ROXANA EDUCATION ASSOCIATION 2018-2019 2019-2020 - Roxana School District
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2018-2019 2019-2020 SUBSTANTIVE AGREEMENT ROXANA BOARD OF EDUCATION ROXANA EDUCATION ASSOCIATION
TABLE OF CONTENTS Page ARTICLE I – REPRESENTATION A. Recognition 1 B. Part-Time Employees 1 ARTICLE II – ASSOCIATION AND TEACHER RIGHTS A. Notice of Meetings to Association 2 B. Board Minutes 2 C. Calendar 2 D. Use of Facilities 2 E. Association Leave 2 F. Disciplinary Meeting – Notice and Right to Representation 3 G. Just Cause 3 H. Personnel File 3 I. Earnings – Notice of 3 J. Deduction Authorizations 4 K. School Safety 4 L. Evaluation Plan 4 M. President’s Release Time 4 ARTICLE III – ACADEMIC FREEDOM AND CITIZENSHIP A. Academic Freedom 5 B. Citizenship 5 C. Lesson Plans 5 ARTICLE IV – TEACHING HOURS AND ASSIGNMENTS A. Work Day 6
B. Early Bird Classes 6 C. Elementary Teachers 6 D. Work Day – End of 6 E. Early Dismissal for Elementary Teachers 7 F. Preparation Periods – New Employees 7 G. Internal Substitution 7 H. Class Assignment Overload 8 I. Supervision of Students During Recess 8 J. Library Periods 8 K. Class Size 8 L. Planning Time 9 M. SIP Days 10 N. Attendance at School Functions 10 ARTICLE V – REDUCTION IN FORCE A. Reduction in Force and Recall 11 B. Seniority 12 ARTICLE VI – VACANCIES, TRANSFERS, AND PROMOTIONS A. Vacancy – Defined 14 B. Vacancies – Notice Of 14 C. Vacancies – Posting Period 14 D. Vacancies – Filling Of 15 F. Assignment of Teachers 15 G. Involuntary Transfer 15 ARTICLE VII – LEAVE
A. Sick Leave 17 B. Personal Leave 17 C. Internal Substitution for Leave-Generated Absences 17 D. Leave for Appearances in Court 18 E. Work-Related Injury 18 F. Bereavement Leave 18 G. Jury Duty 18 H. Military Leave 19 I. Sabbatical Leave 19 J. Other Leaves 20 K. Sick Leave Bank/Additional Sick Leave Donation 20 ARTICLE VIII – JOINT COMMITTEE A. Sabbatical Leave Applications 24 B. Communications Committee 24 C. Curriculum Committee 24 D. Joint Committees – Other 24 E. Distance Learning / On-Line Learning and Credit Recovery 24 ARTICLE IX – PROFESSIONAL GRIEVANCE PROCEDURE A. Grievance – Definition 26 B. Grievance – Time Limits 26 C. Association Representation 26 D. Grievance – Informal Resolution 27 1. Step One 27
2. Step Two 27 3. Step Three 27 E. Evidence 28 F. Limitations on Arbitrator 28 G. Arbitrator Expenses 28 H. Grievance – No Reprisals 28 I. Grievance Investigation 28 J. Grievance Documents – Filing Of 28 K. Withdrawal of Grievance 28 ARTICLE X – FAIR SHARE AGREEMENT A. Fair Share 29 B. Fair Share Remittance 29 C. Fair Share Hold Harmless 29 D. Fair Share – Compliance with Law 30 ARTICLE XI – OPERATING PROCEDURES FOR NEGOTIATIONS A. Negotiations Committee Membership 31 B. Negotiations Meeting 31 C. Negotiations Communications 31 D. Negotiations Information 31 E. Negotiations Requests for Assistance 31 F. Negotiations Agreement 32 G. Incorporation of Board Policies Into Agreement 32 H. Procedure in Event of Non-Settlement 32
I. Strike Prohibition 32 ARTICLE XII A. Complete Understanding 33 B. Individual Contracts 33 C. Savings Clause 33 ARTICLE XIII A. Incorporation of Salary Schedule 34 B. Health Insurance 34 C. Insurance Advisory Committee 35 D. Section 125 Plan 35 E. Tax Sheltered Annuity Plan 35 F. Incorporation of Insurance Benefits 36 G. Mileage 36 H. Pay Periods 36 I. Teacher Pension Payment 37 J. Summer School, Night School, Homebound, and 37 Other Hourly Salaries K. Salary and Fringe Benefits 37 L. Student Teacher Waivers 38 ARTICLE XIV – EXTRA CURRICULAR POSITIONS 39 ARTICLE XV – DURATION AND ACCEPTANCE OF AGREEMENT 40 APPENDIX A. Vocationally Certified Teachers 41 B. Severance Pay 41
C. Insurance Plan 41 D. Early Retirement Provisions 42 E. Teacher Retirement System Contribution 42 F. Retirement Incentive – 6% Salary Increase and Unused Sick Day Option 42 G. Retirement Incentive – Sick Leave Grant 44 H. Professional Growth 45 I. Teacher Appreciation Longevity Stipend 47 J. National Board Certified Teacher 47 K. Extra-Curricular Salaries 47 L. Salary Schedule 50 M. MOU’s Speech Language 55 Special Education Workload 57
ARTICLE I REPRESENTATION A. Recognition The Board of Education of Roxana Community Unit School District No. 1, hereinafter “Employer” or “Board”, hereby recognizes the Roxana Education Association, affiliated with the Illinois Education Association/NEA and the National Education Association, hereinafter the “Association”, as sole and exclusive bargaining representative for all full- time and part-time Pre-K-12 certified, non-supervisory personnel under contract, but specifically excluding Superintendents, Principals and any other administrator as defined in Section 2 of the Illinois Educational Labor Relations Act (IELRA). The term “teacher” or “employee” when used hereinafter in the Agreement shall refer to all employees represented by the REA-IEA-NEA in the bargaining unit as above defined. The term “Employer” or “Board” when used hereinafter in the Agreement shall refer to the Board of Education or its administrative agents. Pre-K teachers are employed pursuant to a grant(s) to the extent the terms of the grant(s) are in conflict with the terms of this contract, the terms of the grant(s) shall control. B. Part-Time Employees For part-time employees covered under this Agreement, the terms of the Agreement shall apply in the same prorate as their required service. 1
ARTICLE II ASSOCIATION AND TEACHER RIGHTS A. Notice of Meetings to Association The president of the Association or his/her designee shall be given written notice of all meetings of the Board. A copy of the agenda or statement of purpose of and informative materials of a public nature prepared for such meeting shall be available at least twenty- four (24) hours prior to the scheduled time of such meeting or at the same time the information is available to other individuals. The agenda for each regular monthly business [meeting] of the Board of Education will include an item at the end of each open session portion of the meeting, to allow a faculty member, designated by the REA, to make statements or comments to the members of the Board with respect to discussions or business conducted by the Board during the regular meeting. B. Board Minutes The Association will prepare and distribute copies of a brief of all Board minutes as soon as they have been prepared. C. Calendar The Association shall have input and provide ideas in preparation of the calendar prior to the Superintendent’s meeting with other area administrators when making up the cooperative calendar. D. Use of Facilities The Association and its representatives shall have the privilege to use school buildings to transact official Association business on school property at reasonable times, provided that such business does not interfere with or interrupt normal school operations. E. Association Leave In the event the Association desires to send representatives to local, state, or national conferences or to conduct other business pertinent to Association affairs, or determined by the Association to be beneficial to the educational program, welfare or professionalism of teachers, these representatives shall be excused without loss of salary, not to exceed at total of sixteen (16) substitute days. In the event that any days are unused at the end of the school year, they will be carried over and added to the days available for the next school year. Such accumulation shall not exceed twenty-five (25) days. The president of the Roxana Education Association, or designee, shall notify the Superintendent in writing or email ten (10) school days in advance of the absence, or as 2
soon as possible, if an emergency prevents ten (10) school days notice from being provided. The National Education Association (NEA) will reimburse the District the cost of a substitute teacher for one (1) REA member who is an elected NEA official to attend NEA-related events. Such absences, up to a maximum of twenty (20) per school year (in year one of this Agreement, the 2018-2019 school year) or fifteen (15) per school year (in later years of this Agreement), will not be considered to fall within this provision and will be excused and released separately. The maximum total number of all Association leave days that may be used by an individual REA member / employee of the District under any provision of this Article is twenty (20) per school year. F. Disciplinary Meeting – Notice and Right to Representation When any teacher is required to appear before the administration concerning any matter which could result in formal discipline or adversely affect the continuation of that teacher in his/her office, position of employment, his/her salary, or any increments pertaining thereto, the teacher shall have the right to union representation at such meeting or interview upon the teacher’s request. This Article is not intended to limit informal discussions or written notices regarding matters of concern, which are not considered formal discipline under this Article. When any teacher is required to appear before the Board, or before any Board committee concerning any matter which could adversely affect the continuation of that teacher in his/her office, position of employment, his/her salary, or any increments pertaining thereto, the teacher shall be given reasonable prior written notice of the reasons for such meeting or interview and shall be advised of his/her right to union representation. G. Just Cause No tenured teacher shall be dismissed or otherwise disciplined except for just cause. H. Personnel File A teacher shall receive a copy of all documents placed into his/her personnel file that is related to discipline, complaints, or matters of district concern. I. Earnings – Notice Of Teachers will have access to their placement on the salary schedule, payment received for division or extracurricular activities and deductions to be made thru Skyward. 3
J. Deduction Authorizations Upon appropriate written authorization from the teacher, the business office shall deduct from the salary of any teacher and make appropriate remittance for professional dues, annuities, credit union, hospitalization, life insurance, or any other plans or programs jointly negotiated by the Association and the Board. Such written authorization shall remain in effect until revoked in writing by the teacher. The details of deductions will be made compatible with office procedures. K. School Safety At any meeting between a teacher and administrator pertaining to an injury to a teacher, or investigation of alleged injury, the teacher shall have the right for REA union representation at the request of the teacher. L. Evaluation Plan Evaluation shall be in accordance with the District’s Evaluation Plan for certified teachers. Newly-hired employees will be trained on the evaluation plan, forms, and procedures by the Principal or other administrator within thirty (30) calendar days after the employee’s first day. The evaluation plan for certified teachers will continue to be maintained as a separate document. The District’s evaluation plan must comply with all applicable statutory requirements. Any changes in the evaluation plan will be made in accordance with such statutory requirements. The Association and District will work cooperatively to review, revise, and update the evaluation plan as may be required to comply with applicable law, rules, or regulations, or as necessary. Any changes in the evaluation procedure will be conveyed to all employees by the Principal or other administrator, prior to implementation. M. President’s Release Time The acting REA President will be allowed one ½ day of release time each semester in addition to the Association leave days provided elsewhere in this Agreement. The dates will be submitted to the superintendent at least ten (10) calendar days in advance. 4
ARTICLE III ACADEMIC FREEDOM AND CITIZENSHIP A. Academic Freedom It is recognized that democratic values can best be transmitted in an atmosphere which is free from censorship and artificial restraints upon free inquiry and learning in the schools. Freedom of individual expression for students and teachers, along with the inherent responsibility for it, shall be encouraged. Accordingly, employees shall have academic freedom in the District. Academic freedom means that employees are free to present instructional materials which are pertinent to the subject and level taught, within the course content and planned instructional program. B. Citizenship The teacher shall be guaranteed the right to be active politically. Political rights shall include registering and voting, participating in party organization, discussing political issues publicly, campaigning for candidates, contributing to campaigns of candidates, lobbying, organizing political action groups, and running for and serving in public offices which are not incompatible with his/her current employment. C. Lesson Plans All teachers in instructional positions shall prepare personal lesson plans consistent with the curriculum. Lesson plans should reflect the progress of the class. It is the classroom teacher’s responsibility, for short term absences, to ensure that lesson plans are available for a substitute. 5
ARTICLE IV TEACHING HOURS AND ASSIGNMENTS A. Work Day The teacher’s scheduled day shall be as set forth below, unless otherwise required by state or federal law: H.S. J.H. Pre-K-2 3-5__ Teacher Reports 7:45 7:55 8:00 8:00 Pupil Day Starts 7:50 8:05 8:40 8:30 Lunch Period -------------30 minutes duty free------------ Pupil School Day Ends 2:40 2:40 3:10 3:00 *Wednesdays (H.S. only) 2:00 Teacher Duty Ends 3:20 3:30 3:30 3:30 B. Early Bird Classes Early bird classes will be taught on a voluntary basis only. Any teacher who teaches an Early Bird Class shall have his/her teaching day end earlier than the listed scheduled time by the number of minutes of the Early Bird Class, except that such teachers shall be required to remain for faculty meetings, conferences and other regularly assigned duties which may occur after the end of the teacher work day. On the days where a teacher with an early bird class must remain for assigned duties, the teacher may use the time from the end of their final class period, to the assigned duties, at the discretion of the teacher. C. Elementary Teachers For purposes of contract interpretation, elementary teachers are those assigned to grades K-5 except where the contract specifically provides otherwise. D. Work Day – End Of Teachers may leave school upon completion of the Pupil School Day (as set forth in Section A above) on Fridays and the day before holidays. Teachers at South Primary School (Pre K-2) shall have ten minutes with which to adjust their personal arrival time or dismissal time in lieu of the extra ten minutes spent with students at the end of the day on Fridays or the day before holidays. If a teacher is required to remain after the before mentioned Pupil School Day (no later than 4:00 P.M.) on Friday or the day before a holiday due to a parent teacher conference, the teacher shall be notified by the building principal no later than the end of the preceding Pupil School Day unless an emergency, as 6
determined by the building principal, requires an immediate parent-teacher conference which could not have been anticipated. E. Early Dismissal for Elementary Teachers On the last day of the first and second semesters each year, elementary students shall be dismissed early to allow elementary teachers release time to work on grades, assessments and report cards, provided however, the time of early release shall permit the District to recover full State Aid for the day. F. Preparation Periods – New Employees First-year teachers with no teaching experience employed at the secondary level shall not be assigned more than three (3) preparations per semester. This provision shall be waived when first-year teachers with no teaching experience are assigned to teach sequential courses in a department. Examples would be: German I, II, III, IV; Spanish I, II, III, IV, etc. G. Internal Substitution If there is a lack of a substitute teacher, a regular teacher shall have the right to refuse to accept a class or portion of any class other than his/her own. Any teacher who accepts a class which requires him/her to forfeit his/her preparation period shall be compensated at the rate of: Per 50 minute block $21.00 (2018-2019) $22.00 (2019-2020) per 40 minute block $17.00 (2018-2019) $18.00 (2019-2020) Any teacher who is assigned supervision duty by an administrator during the teacher work day, but beyond the Pupil School Day shall be compensated at the rate of $23.50 for 2018-19 and $24.50 for 2019-20. This shall include elementary teachers who do not receive the preparation time assigned to them, as well as teachers who perform additional duties during the teacher work day, but outside of the Pupil attendance day, as defined in Section A above. Teachers are not required to have daily bus duties, but any teacher who is called on to serve in this capacity will be paid at the above rate. For absences created by the use of hourly leave, the first sentence of [this] Article IV-G (Internal Substitution) does not apply. The building principals will first use any substitute 7
teacher available in the building who is free for the designated hour(s) prior to requiring permanent staff to take a class. After exhausting all substitutes available on the premises, the building principals will have the right to require any certified staff to cover the absence by absorbing the students into their classroom. The teacher assigned this duty will be paid $120.00 per day for the additional student caseload for that day, at increments of 6 hours for a day. The compensation will be divided pro rata among other teacher(s) who are assigned for the supervision of those students based on a portion of the 6-hour day increments. H. Class Assignment Overload A class assignment overload will be taught on a voluntary basis only. If a teacher at the junior high school shall accept an additional teaching assignment for ten (10) or more consecutive working days, he/she shall receive additional compensation at the rate of fifteen percent (15%) of that individual’s salary (exclusive of extra-duty pay) for each additional teaching period. This pay shall be retroactive to the first day of that assignment. If a teacher at the high school shall accept an additional teaching assignment for ten (10) or more consecutive working days, and the high school is operating on a seven-period schedule, he/she shall receive additional compensation at the rate of seventeen percent (17%) of that individual’s salary (exclusive of extra-duty pay) for each additional teaching period. This pay shall be retroactive to the first day of that assignment. I. Supervision of Students During Recess The teachers shall not be responsible for recess-related supervision of students during morning, lunch and afternoon recesses. Recess time may be used for educational support or student support activities, at the professional discretion of the teacher. J. Library Periods Teachers assigned to grades K-5, self-contained classrooms, shall have one (1) thirty (30) minute library period per week. This provision shall apply to kindergarten as long as full day kindergarten is funded by the State. If full day kindergarten is not funded by the State, library periods shall be available to grades 1-5 only. During the first and last weeks of school the employer shall provide teachers with release time equal to their library time loss from their instructional schedules. K. Class Size Recognize class size and individual student strengths and weaknesses as factors to consider in the teaching-learning process, the Roxana Education Association recommends the following: 8
Class size should not exceed: Kindergarten 20 First 20 Second 20 Third 25 Fourth 25 Fifth 25 Secondary classes should not exceed thirty (30) pupils except in team-teaching situations. The number of available work stations shall determine the number of pupils per class. In the event special education students are mainstreamed into a class, the number of students with IEPs in a regular education classroom shall not exceed applicable legal guidelines [currently thirty percent (30%)]. In the event the Association should determine that one (1) or more class size inequities exist, and the issue is not resolved by the administration, the Association may bring the inequity(s) to the attention of a committee formed of administrators, Board members, and Association representatives to consider various possible resolutions. The committee shall make recommendations to the Board with respect to possible solutions. The final decision on recommendations shall be made by the Board of Education. L. Planning Time Planning time will not be reduced below the levels set forth below. Planning time is defined as time on a normal student attendance day for certified staff to plan, prepare, and fulfill position responsibilities without responsibility for student instruction or student supervision. This does not include lunch, recesses, or passing times. No certified staff shall be responsible for the supervision of students prior to, or after, the pupils’ school day as defined in Article IV, Section A. It is understood that non-instructional certified staff members may experience deviations in their planning times due to position requirements linked to student needs: Early Childhood and Pre-K: 60 minutes every morning (8:00 – 9:00) before each school day 20 minutes at lunch each school day 30 minutes after school Monday through Thursday The above levels represent current (since 2007-2008) grant parameters. The parties understand that Early Childhood and Pre-K planning time is dependent upon grant requirements and the format of annual grants, and may be adjusted in accordance with changes in such grants. 9
South Primary School (K-2) 40 minutes before each school day 20 minutes after school on Monday through Thursday Central Intermediate School (3-5)30 minutes before each school day 30 minutes after school on Monday through Thursday 180 minutes of weekly prep time, for teachers assigned to grades K-5, self- contained classrooms, for their students to attend art, music, and P.E., assuming a normal 5-day week; 150 minutes of weekly prep time, for all others. Junior High 50 minutes after school on Monday through Thursday 50 minutes of individual prep time each school day, assuming a normal school day. Additional team planning time shall be at the discretion of the Building Principal. High School 40 minutes after school on Monday, Tuesday and Thursday with 80 minutes on Wednesday following early student release. Individual teacher planning time per day shall be equal to the time of one instructional period not to be less than 50 minutes per day. On the early release day, or SIP days, planning time will be equal to the length of an altered class period. In the case of a shared teacher, the teacher shall be provided the planning time stipulated by the contract for the building in which they are assigned. Should the length of the junior or senior high instructional period change, the allocated planning time within the student attendance day shall be adjusted according to the length of the instruction period, but shall not fall below 50 minutes, assuming a normal school day. M. SIP Days The Superintendent, the Division Coordinators, and members of the Elementary Curriculum Committee shall make recommendations to the administration with respect to proposed dates and utilization of School Improvement Days. N. Attendance at School Functions Teachers recognize the importance of attending scheduled district events and school functions. 10
ARTICLE V REDUCTION IN FORCE A. Reduction in Force and Recall The District and the REA shall annually convene the Joint Reduction in Force (RIF) Committee (Joint RIF Committee) before December 1 to discuss reduction in force issues outlined in Illinois School Code Section 24-12. Any agreement reached by the Joint RIF Committee shall be communicated to the superintendent and the REA prior to February 1 of the year in which the RIF Notices are being issued. In the event of a decision by the Board of Education to decrease the number of teachers employed by the Board or to discontinue some particular type of teaching service (RIF), the order of dismissal and recall shall be applied as outlined in Illinois School Code Section 24-12. Upon notification by the REA, the Board shall negotiate the impact of the decision of the RIF. Employees will be honorably dismissed according to the Sequence of Honorable Dismissal List. The honorable dismissal list will be categorized by names and positions and show the groupings (1-4) of teachers qualified to hold such positions, based on performance evaluations in accordance with the School Code. The Board will provide the REA with the Sequence of Honorable Dismissal List at least 75 (seventy-five) calendar days before the end of the school term. The Board will also provide the REA with a list showing the length of continuing service of each teacher who is qualified to hold any such position (“seniority list”) at least 75 (seventy-five) calendar days before the end of the school term. A copy of the seniority list shall be given to each teacher, and a copy shall be posted in each school building in a conspicuous place in the teachers’ lounge, at least 75 (seventy-five) calendar days before the end of the school term. Employees who believe there are inaccuracies in the positions they are qualified for, in their grouping (1-4), or in their seniority, must notify the Superintendent and the REA President within fifteen (15) calendar days of posting. If a revision is necessary, a corrected list shall be created and distributed to the REA within fifteen (15) calendar days of the employee’s written notification. Those teachers within Group 1 shall be the first to be honorably dismissed at the District’s discretion. Within Group 2, the sequence of dismissal shall be based upon average performance evaluation ratings, with the teacher or teachers with the lowest average performance evaluation rating dismissed first. Next in sequence of honorable 11
dismissal are those teachers within Group 3, beginning with the shorter length of continuing service with the District, and finally, those teachers within Group 4, beginning with the shorter length of continuing service with the District. Part-time teachers who have previously earned tenure within the District shall be placed in the respective group related to their most recent performance evaluation rating and in accordance with the Illinois School Code Section 24-12. Any teacher, whether tenured or non-tenured, subject to honorable dismissal (RIF) shall be notified in writing at least forty-five (45) calendar days before the end of the school term. Such written notice must be mailed to the teacher and also given to the teacher either by certified mail, return receipt requested, or personal delivery with the receipt, together with a statement of honorable dismissal and the reason therefore. If positions become available within three (3) calendar years subsequent to the date of dismissal – six (6) months for Group 2 teachers – recall shall be in reverse order of layoff among employees eligible under the Illinois School Code for recall (i.e., Groups 4, 3, and 2 if eligible), to any available position for which the eligible teacher is qualified. Upon recall, teachers eligible for recall (Group 4 is recalled first, then Group 3, then those eligible within Group 2) will be placed in the first available position for which they are qualified. A teacher shall be recalled by registered or certified letter to the teacher’s address on file with the District. A teacher’s failure to respond affirmatively within fifteen (15) calendar days of receipt of the letter shall terminate the teacher’s recall rights. Nothing in this procedure shall be construed to impair the rights of dismissed teacher(s) to receive unemployment compensation if otherwise eligible. B. Seniority Where seniority is to be applied under Section 24-12 of the Illinois School Code, the following criteria shall be used: 1. Seniority Defined: As used herein, “seniority” shall mean the continuous service in the District beginning with the teacher’s first day of contractual work of the school year. 2. Effect of Leaves: Periods of paid leaves of absence shall not interrupt continuous service. Periods of unpaid leaves of absence shall not be counted in determining length of continuous service. Teachers on sick leave or temporary disability with the TRS, or those eligible for Workers’ Compensation, shall receive seniority the same as if they were working. A teacher granted a leave of absence or who is on the RIF/Recall list shall not accrue additional seniority nor receive vertical 12
advancement on the salary schedule for the duration of his/her leave. Sabbatical leave shall not be construed as an interruption of seniority rights, but shall be construed as continuous service. Approved military leave [maximum of two (2) years] shall carry seniority status. Time outside of the bargaining unit shall not count toward seniority. 3. Part-time Status: Employment in the District which is less than full-time or full- year shall be counted pro rata in computing length of service. 4. Tie-breakers: If the length of service of teachers shall be equal, preference shall be given to the teacher who has advanced the furthest vertically on the compensation schedule, and in the event of equal vertical placement, preference shall be given the teacher who has advanced the furthest horizontally on the compensation schedule. If the length of service shall still be equal, a determination by lot shall be made by the superintendent or designee to determine who has greater seniority. 5. Resignation: In the case of a teacher who resigns and comes back, seniority will accumulate from the date of the latest employment. 13
ARTICLE VI VACANCIES, AND TRANSFERS A. Vacancy – Defined A vacancy shall be defined as a newly created bargaining unit position or an existing bargaining unit position which is, or will be, unfilled and which the Board intends to fill, except that a position unfilled due to a leave of absence shall not be a vacancy. Some examples of how such existing bargaining unit vacancies occur are, but not limited to: employee’s retirement, resignation, known grant positions, or a death, and all such positions shall be posted. The policy outlined in the following paragraphs of Section D will not apply to extracurricular or promotional positions. B. Vacancies – Notice Of The superintendent shall have posted in all school buildings a notice of all vacancies, including those in promotional positions and in extracurricular activities, as they occur or as they are anticipated. Such notice shall be accompanied by a statement of responsibilities, minimum qualifications and salary range. Teachers shall be notified by email and electronic all-District communications (e.g., Sky-alert, “robo-call” system, etc.) concerning vacancies. C. Vacancies – Posting Period Any vacancy that occurs after the first two (2) weeks of a school year may be filled for the remainder of the year with a temporary assignment, and that vacancy will then be posted for the following school year. Vacancies shall require an internal posting of three (3) school-business days during the school year and ten (10) school-business days during the summer. Upon the closing of said posting, administration shall have five (5) to seven (7) school-business days to review, determine the acceptability, and notify the internal applicant(s) of the decision. After the internal posting period, vacancies will be posted publicly. If at any time, administration deems that any of the time periods listed in Section C above needs to be adjusted, administration shall contact the REA President to discuss such adjustment. 14
D. Vacancies – Filling Of If a vacancy occurs, the position shall be filled according to the requirements of Section 5/24-12 and 5/24-1.5 of the Illinois School Code. The following factors are to be considered by the administration and Board of Education in the District’s selection of a candidate to fill a vacancy: qualifications, certifications, merit and ability (including teacher evaluations, if available), and relevant experience, including without limitation the following criteria: Teaching area needs of the District; Teaching skills appropriate for the assignment; Relevant prior experience in the teaching field; Professional growth (e.g., advanced degree, additional academic credits in subject); Professional skills (e.g., communication, organization, leadership); Knowledge / Experience (e.g., RtI, technology, Special Education, subject matter). In filling of vacancies, if all other factors are equal, seniority will be considered. The District reserves the right to select and to employ persons from outside the District when acceptable applicants are not available from within the District. Upon request, any internal candidate denied a position shall be provided a written explanation within four (4) school-business days. E. Assignment of Teachers Principals at the secondary level shall discuss teacher assignments for the forthcoming year with the division coordinators prior to the establishment of the master schedule. Secondary teachers may be assigned classes outside the area of their major teaching assignment. The administration shall have the right to make the necessary assignment changes in order to maintain an educational program, and/or a teacher’s full-time teaching status (excluding extracurricular assignments). However, teachers shall not be assigned classes for which they are not qualified as per The Illinois Program for Evaluation Supervision and Recognition of Schools. F. Involuntary Transfer If the District chooses to fill a vacancy by involuntary transfer from among a grade level, department or subject area where an excess of teachers has been determined to exist (rather than posting for or selecting an applicant), the vacancy shall then be filled by the person in the determined surplus area with the least number of years of service to the 15
District who meets the required certifications and qualifications of the vacancy, unless the transfer of this person would cause the curtailment or elimination of an educational program. In this event, administrative discretion shall take precedence. Teachers legally qualified to teach specialized subjects for which there are no other teachers in the department legally qualified, when such specialized subjects are to be included in the departmental offerings for the year under consideration shall be exempt from an involuntary transfer. If the surplus area is reopened prior to the start of the year in which the transfer goes into effect, or within the first two (2) weeks of that school year, the involuntarily transferred teacher shall have the opportunity to return to that position. Any teacher affected by an involuntary transfer shall be notified immediately and shall be released by the Board from his/her contract for the subsequent school year if he/she so requests. The teacher shall notify the District, in writing, of his/her resignation within five (5) business days of receiving the involuntary transfer notification. 16
ARTICLE VII LEAVE A. Sick Leave A doctor’s excuse will be required after four (4) consecutive working days of absence, or as the Board of Education or administration may deem necessary in a specific circumstance. Unlimited accumulation of sick leave, at the rate of eleven (11) days per year will be permitted. During an extended illness, a physician’s progress report will be required after approximately thirty (30) days. Sick leave may be used in clock hour amounts. Partial sick leave days will be calculated in six clock hour increments. A total of six (6) hours used individually shall constitute one (1) full day of sick leave. At the end of a school year, a teacher who has taken a total of two (2.0) or less sick days in the school year shall be compensated with a $300 end-of-year stipend; and a teacher who takes more than two (2.0) but no more than three (3.0) sick leave days in the school year shall be compensated with a $150 end-of-year stipend. The stipend will be paid on the first pay date after the end of the school year. Any bargaining unit member who has submitted his or her irrevocable letter to retire and is receiving the 6% retirement incentive cannot take advantage of the unused sick day monetary stipend. In any event, the amount of this incentive is limited to the portion of such payment which avoids an overall increase in creditable earnings to the employee of more than 6% of the preceding year and which avoids any TRS penalty to be paid by the District. B. Personal Leave At the beginning of each school year, each certified employee shall be credited with two (2) days to be used for personal business. An employee planning to use personal business leave time shall notify his/her principal/supervisor at least one (1) day in advance, except in cases of emergencies. One (1) of these two (2) days may also be used in clock hour amounts. A total of six (6) such hours may be used in one (1) school year. Any unused portion of personal leave shall accumulate from year to year as personal leave days to a maximum of three (3) days. No more than two (2) days may be used consecutively. All days in excess of three (3) days will accumulate as sick leave. C. Internal Substitution For Leave-Generated Absences For the absences created by the use of hour leave as described above, the first sentence of Article IV-G (Internal Substitution) does not apply. The building principals will first use 17
any substitute teacher available in the building who is free for the designated hour prior to requiring permanent staff to take a class. After exhausting all substitutes available on the premises, the building principal will have the right to require any certified staff to use their preparation time to fill these absences. D. Leave For Appearances in Court Absence due to court appearances resulting from either negligence on the part of the School District or assault on a teacher shall not be deducted from the teacher’s accumulated sick leave. In such absences, the Board shall pay the teacher full salary during the period which he/she is absent. E. Work-Related Injury During absences due to duty-connected injury, the teacher may elect to be paid either as described in the above paragraph or receive Workmen’s Compensation payment. F. Bereavement Leave Each employee shall be granted up to three (3) additional sick leave days per death bereavement at full pay not to be deducted from sick leave. In the event that additional time is needed, those days shall be deducted from sick leave. Said bereavement leave may be used in connection with the death of the employee’s immediate family, defined as spouse, parents, brother, sister, children, step-children, grandparents, grandchildren, parents-in-law, sister-in-law, son-in-law, daughter-in-law, brother-in-law, aunt, uncle, nieces, nephews, and legal guardian. Bereavement leave days are not accumulative. One (1) bereavement leave day may be used to attend the funeral of a current Association member. The employee may also use two (2) sick leave days per occurrence as defined in Article VII, Section A, to attend the funeral of any person other than immediate family or current Association member. G. Jury Duty Teachers will receive regular pay while on jury duty. The jury check will be given to the School District. Employees will be reimbursed for the amount paid to them for mileage while on jury duty. 18
H. Military Leave Probationary teachers who are inducted into the military service of the United States shall be granted leave in accordance with the School Code. I. Sabbatical Leave Every school board may grant a sabbatical leave of absence to a teacher, principal or superintendent performing contractual continued service, for a period of at least four (4) school months but not in excess of one (1) school term, for resident study, research, travel or other purposes designed to improve the school system. The grant of a sabbatical leave by a school board shall constitute a finding that the leave is deemed to benefit the school system by improving the quality and level of experience of the teaching force. This leave may be granted after completion of at least six (6) years of satisfactory service as a full- time teacher, principal or superintendent and may again be granted after completion of a subsequent period of six (6) years of additional satisfactory service. The leave shall be conditional upon a plan for resident study, research, travel or other activities proposed by the applicant and deemed by the Board to benefit the school system, which plan shall be approved by the Board and not thereafter modified without approval of the Board. Before a leave is granted pursuant to this Section, the applicant shall agree in writing that if at the expiration of such leave he/she does not return to and perform contractual continued service in the District for at least one (1) school year after return, all sums of money received from the Board during his/her sabbatical leave will be refunded to the Board unless such return and performance is prevented by illness or incapacity. During absences pursuant to such leave, such teacher, principal or superintendent shall receive the same basic salary as if in actual service, except that there may be an amount deducted equivalent to the amount payable for substitute service. However, such salary after deduction for substitute service shall in no case be less than the minimum provided by Section 24-8 of the School Code or one-half (1/2) of the basic salary, whichever is greater. The person on leave shall not engage in any activity for which salary or compensation is paid unless the activity is directly related to the purpose for which leave is granted and is approved by the Board. A sabbatical leave may be granted to enable the applicant, if otherwise eligible, to accept scholarships for study or research. Unless justified by illness or incapacity, failure of any person granted a leave under this Agreement to devote the entire period to the purpose for which the leave was granted shall constitute a cause for removal from teaching service. 19
Upon expiration of a leave granted pursuant to this Agreement and upon presentation of evidence satisfactory to the Board showing compliance with the conditions of the leave, the teacher, principal or superintendent shall be returned to a position equivalent to that formerly occupied. The contractual continued service status of the person on sabbatical leave shall not be affected. Absence during a leave granted pursuant to this Agreement shall not be construed as a discontinuation of service for any purpose, including progression on the salary schedule. The Board shall pay the contribution to the Teachers’ Retirement System required of the person on leave computed on the annual full-time salary rate under which the member last received earnings immediately prior to the leave or a proportionate part of such rate for a partial year of sabbatical leave credit. There shall be a limit of two (2) professional staff members on sabbatical leave per year and as per one (1) year return provision of the Illinois School Code. (The “one (1) year return provision” means that the person on sabbatical leave must return to the District for one (1) year before leaving.) This Agreement in no way limits the power of the Board to grant leaves for other purposes. A selection committee, composed of representatives of the Roxana Education Association and the administration, will screen applicants. Recommendations will be made to the superintendent with final approval granted by the Board of Education. J. Other Leaves Leaves of absence may be granted to teachers provided that they are in contractual continued service. A request for such a leave must be submitted in writing to the superintendent not later than ninety (90) days prior to the beginning of such leave. Granted of such a leave is at the discretion of the Board of Education. A teacher granted a leave of absence under Section J shall not accrue additional seniority nor receive vertical advancement on the salary schedule for the duration of his/her leave. K. Sick Leave Bank/Additional Volunteer Sick Leave Donations At the beginning of each school year, bargaining unit members may contribute sick leave days to a sick leave bank. Contributions of sick leave days are voluntary, but shall be governed by the rules of the governing committee as defined below. Any days remaining (unused) in the bank at the end of the school year shall automatically roll over to the next school year. Upon depletion of his/her sick leave days, any employee may apply to 20
utilize sick leave bank days, subject to the stipulations listed below. Utilization of the sick leave bank shall be for personal catastrophic illness and that of a spouse, children and step children. The sick leave bank will be administered solely by the Association Executive Committee and the District shall have no responsibility or liability for its administration. The Association Executive Committee will submit to the Superintendent or his/her designee an account of the days donated and the days used through the bank for the limited purposes of tracking the number of accumulated days within the District, and/or reporting the accurate number of accumulated sick leave days to TRS. Rules for Use of Sick Leave Bank 1. The employee has used all his/her accumulated sick days and personal leave days. 2. The employee shall produce a doctor’s verification of catastrophic illness as proof of need to the Association Executive Committee. 3. The employee has been absent more than three (3) consecutive work days in connection with the same illness. 4. Each employee shall contribute two (2) non-redeemable sick days to the bank to establish membership. Annual contributions of one (1) or two (2) days, as determined by the governing committee, may be required in order to maintain funding level. 5. Regardless of the total number of days in the sick leave bank, in order to become a member new participants shall be required to contribute a minimum of two (2) days. 6. Having once become a member, employees must contribute to the sick leave bank each time contributions are required to be eligible to draw days from the bank. 7. New employees may become members by making the two (2) day contribution anytime during their first ten (10) working days. Current employees who are not members of the sick leave bank may acquire membership by making the required contribution of two (2) days during the open enrollment period, the first ten (10) working days of each school year. 21
8. Withdrawals from the sick leave bank are limited to fifteen (15) school days per employee per school year. Once an employee has drawn the maximum number of days, twelve (12) months must elapse before he/she may again draw from the sick leave bank. 9. If an employee draws from the sick leave bank during any given school year, he/she will be required to donate two (2) of his/her own sick leave days to the bank at the beginning of the next school year. 10. If an employee would otherwise be eligible to receive disability benefits from the Teacher Retirement System or from Worker’s Compensation, he/she will cease to be eligible to draw benefits from the sick leave bank. 11. Should the sick leave bank be dissolved for any reason, the days in the bank shall be returned on a prorated basis to currently employed sick leave bank members who have not drawn from the sick leave bank. 12. Any teacher may donate up to five (5) sick leave days per school year to any member of the sick leave bank who has exhausted his/her sick leave, personal days, and has withdrawn his/her maximum number of sick leave bank days. 13. An employee may donate a total of up to ten (10) days per school year. In addition to the days received from the sick leave bank, an individual teacher may receive up to thirty (30) such additional donated days in any school year. 14. Application for donated sick leave shall be made by the teacher directly to the Association Executive Committee. Members of the bargaining unit will be informed of the need for sick leave donation by the REA president or his/her designee. A form will be developed by the Association President or designee and used for the employees to elect whether or not to donate sick leave days. 15. The decision by an employee whether to donate or not to donate sick leave shall be strictly voluntary on a case by case basis and at the option of each individual employee. Donated days that are not used shall be returned on a prorated basis to those who donated sick leave days. The sick leave donation system will be administered solely by the Association Executive Committee, and the District shall have no responsibility or liability for its administration. The Association Executive Committee will submit to the Superintendent or his/her designee an account of the days donated and the days used through the system for the 22
limited purposes of tracking the number of accumulated days within the District, and/or reporting the accurate number of accumulated sick leave days to TRS. 23
ARTICLE VIII JOINT COMMITTEE A. Sabbatical Leave Applications A Joint Administrative-Association Sabbatical Leave Committee (SLC) shall be established to evaluate sabbatical leave applications and make recommendations to the Board. The committee shall be composed of an elementary principal, a secondary principal, and two (2) Association members appointed by the Executive Board of the Association. A representative of the Board shall vote in the event of a tie. B. Communications Committee The REA has established guidelines for a committee for the purpose of providing a continuing means of communication between the faculty and administrators, so that topics of mutual interest, such as school policy, professional ethics, curriculum, school activities, welfare, and rights and responsibilities may be discussed on a regular basis. C. Curriculum Committee A joint committee on curriculum has been established. This committee will consist of the Association Curriculum Committee, the superintendent and any administrators chosen by him/her. This joint committee will study the existing curriculum and make recommendations to the Board for change. If there are any disagreements among the committee members, separate recommendations from the disagreeing groups will be made to the Board for the next school year not later than March 1 of the current year. D. Joint Committees – Other This section shall not prohibit the establishment from time to time by mutual agreement of other joint Administrator-Association committees to study and make recommendations on topics and problems of concern to the School District. E. Distance Learning / On-Line Learning and Credit Recovery Both parties agree to establish a joint committee (as indicated in Section D above) to study and make recommendations on issues related to distance learning / on-line learning and credit recovery. 24
The Committee shall consist of three representatives selected by the Association and three representatives selected by the Board and/or administration. The study and recommendation described in this paragraph may be directed to an existing committee, instead of establishing a new committee, if the parties mutually agree. 25
ARTICLE IX PROFESSIONAL GRIEVANCE PROCEDURE A. Grievance – Definition A grievance shall be defined as: 1. A claim by a faculty member or members through the Association that there has been a violation, misinterpretation or misapplication of any provision of the Professional Negotiations Agreement; or 2. A claim by a faculty member or members through the Association that established policy of the Board of Education or of the Roxana School District that is related to professional service of those people represented by the Roxana Education Association has been violated or inequitably administered. B. Grievance – Time Limits All time limits consist of school days except that when a grievance is submitted on or after June 1, time limits shall consist of all week days. School days for the purpose of the grievance procedure shall mean teacher employment days. C. Association Representation Upon selection and certification by the Association, the Board shall recognize a grievance representative in each building and an Association Grievance Committee of three (3) members, consisting of one (1) secondary member, one (1) elementary member and the Association president. At least one (1) Association representative shall be present for any meeting, hearing, appeal, or other formal proceeding relating to a grievance which has been formally presented. Nothing herein contained shall be construed as limiting the right of any teacher or teachers having a grievance to discuss the matter informally with supervisory personnel and having the grievance adjusted without intervention of the Association. The Board acknowledges the right of the Association’s grievance representative to participate in the processing of an REA-supported grievance at any level, and no teacher or teachers shall be required to discuss any grievance if the Association representative is not present. 26
D. Grievance – Process The parties acknowledge that it is usually most desirable for a teacher or teachers and the immediately involved supervisor to resolve problems through free and informal communications. When requested by the teacher or teachers, the building grievance representative may intervene to assist in this resolution. However, should such informal processes fail to satisfy the aggrieved, a grievance may be processed as follows: 1. Step One The teacher or teachers, through the Association, may present the grievance in writing to the building principal who will schedule a meeting to take place within five (5) days after receipt of the grievance. If the written grievance is not presented within fifty (50) days of the alleged occurrence, it shall be automatically deemed waived, null and void. The Association’s representative, the aggrieved teacher or teachers, the above indicated principal and a witness of the principal’s choice shall be present for the meeting. The principal must provide the aggrieved teacher or teachers and the Association with a written response to the grievance within five (5) days after the meeting. Such response shall include the reasons upon which the response was based. If the Association considers a grievance invalid, it retains the right throughout the proceedings to withhold active support. 2. Step Two If the grievance is not resolved at Step #1, the teacher or teachers, through the Association, shall refer the grievance in writing to the superintendent or his/her official designee within ten (10) days after the Step #1 meeting. The superintendent shall arrange for a meeting with the teacher or teachers, representatives of the Association’s grievance committee and a witness of the superintendent’s choice to take place within five (5) days of his/her receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the hearing, the superintendent shall have five (5) days in which to provide his/her written decision to the Association. 3. Step Three If the Association is not satisfied with the disposition of the grievance at Step #2 or the time limits expire without issuance of the superintendent’s written reply, the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, which shall act as the 27
administrator of the proceedings. If a demand for the arbitration is not filed within thirty (30) days of the date for the Step #2 answer, then the grievance shall be deemed to be withdrawn. E. Evidence Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which were not previously disclosed to the other party. F. Limitations on Arbitrator The arbitrator shall have no power to alter the terms of this Agreement. G. Arbitrator Expenses Expenses incurred in such arbitration services shall be shared equally between the Board and the Association. H. Grievance – No Reprisals No reprisals of any kind will be taken by the Board or by the school administration against any teacher or teachers because of participation in this grievance procedure. I. Grievance Investigation The Board and the administration will cooperate with the Association in its investigation of any grievance and will furnish the Association with such information as is requested for the processing of any grievance. Ordinarily, the investigation or processing of any grievance should be conducted in such a manner that teaching time is not lost. J. Grievance Documents – Filing Of All communications, documents and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants. K. Withdrawal of a Grievance A grievance may be withdrawn at any level without establishing precedent. If the parties determine that the settlement or withdrawal of a grievance is not to set a precedent, such understanding shall be written as a memorandum and attached to the grievance. 28
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