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.

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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.

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