EXISTING CONTRACT BETWEEN FALLSBURG TEACHERS ASSOCIATION AND FALLSBURG SCHOOL DISTRICT ARTICLE

EXISTING CONTRACT BETWEEN FALLSBURG TEACHERS ASSOCIATION AND FALLSBURG SCHOOL DISTRICT ARTICLE 1 LAYOFF A. If the board is formally considering that a layoff is necessary, it will notify the association president. The notice shall include the specific position(s) to be affected; the proposed time schedule; and the reasons for the proposed action, assuming this information is available when the notice is given or as soon as possible thereafter. B. The district shall provide the association with a seniority list, upon request, at the time it notifies the association that a layoff has been formally considered by the board. Seniority shall be defined as the employee’s total length of continuous service in the district as a licensed staff member from the first date of actual service. Seniority will be computed and accrue from the teacher’s first day of work in the district and shall continue to accrue during all leaves in accordance with state law. Ties for position on the seniority list shall be broken by drawing lots in the presence of district and association representatives. C. In the event the board, in its discretion, determines that a layoff is necessary, it will then determine the teachers to be retained by means of the following criteria: 1. A determination of whether the teachers to be retained hold the proper license to fill the remaining position(s); 2. A determination of the seniority of the teachers to be retained. D. Nothing in this article shall be construed so as to interfere with the board’s right to dismiss or non-extend a contract teacher pursuant to the provisions of the Fair Dismissal Law or to dismiss or non-renew a probationary teacher pursuant to state law. This article applies to all releases, layoffs or terminations for non-personal reasons, except that temporary teachers shall have no right of recall after the term of their temporary contract. E. In conducting a layoff under this article, the district will first determine the program(s) or area(s) scheduled for reduction or elimination. F. Whenever the board determines that a layoff is necessary it will notify the association. As soon as practicable, notice will be given to the affected teachers of their layoff. G. Any appeal from the board’s decision on layoff or recall shall be by means of a grievance filed as provided in Article 8. ARTICLE 2 TEACHER RIGHTS A. STUDENT GRADES No student grade or evaluation shall be changed without consultation with the teacher during the school year or when the teacher is available during the summer. In the event that the employer changes the grade over the teacher’s objections, the employer shall bear the full responsibility for such a change and notify the teacher in writing of the changes and the reasons therefore. B. CRITICISM Teachers shall not be criticized by any supervisor or administrator in the presence of students, parents, the public, classified employees or other teachers, excluding association representatives, nor shall they be criticized by board members in public meetings or when representing the board in a public or school setting. This provision is not intended to limit professional discourse, discussion or debate. C. JUST CAUSE 1. No teacher shall be suspended, denied step increment, reprimanded or otherwise disciplined in writing without just cause. 2. All information forming the basis for disciplinary action will be made available to the teacher upon request. Any violation of this provision may be used as a basis for a grievance. 3. Any investigatory suspension shall be with pay pending the district’s initiation of action to dismiss, discharge, or reinstate. This section will not prevent the district from suspending an employee without pay as a form of discipline if the district fulfills its obligations outlined above. 4. This section shall not apply to any teacher nonrenewal, non-extension, dismissal, assignment to or retention in extra duty positions, or the substance of an evaluation. D. PERSONAL LIFE The personal life of teachers is not of appropriate concern or attention of the district except where it affects job performance. This section may not be taken to arbitration. ARTICLE 3 WORKDAY A. WORKDAY 1. The length of the workday shall not exceed eight (8) hours. 2. A duty-free lunch period of sixty (60) minutes, free of all supervisory tasks, will be granted all teachers of this district. 3. Scheduling staff for supervision of bus students, lunchroom duty, playground duty, study halls and other like functions will be done by the administration in consultation with the staff. B. PREPARATION TIME 1. Senior high and middle school teachers shall have a preparation period during the student day equal to one (1) class period. 2. The elementary preparation period shall fall during the workday and shall consist of a minimum of forty-five (45) minutes per day. The district will provide thirteen (13) early release days to help provide some additional prep time. If the district decides to provide prep time within the student day, the district retains the discretion to reduce or eliminate the early release days. 3. Those teachers who have not been provided with a preparation period during the time specified in the contract will be reimbursed at the rate of one-sixth (1/6) of daily pay for the period of time which there is no preparation period. C. SUPERVISION RESPONSIBILITIES 1. Teachers shall have supervision responsibilities for students during class time, passing times and all other times during the student day and while students are on school property or approved school trips. 2. At after-hour events or activities, teachers have no specific supervision responsibilities when they attend as parents or spectators. However, teachers may intervene or be asked to assist other adults in dealing with student behavior in certain circumstances. 3. No teacher shall be disciplined, negatively evaluated, or suffer any reprisal for declining to deal with student behaviors at after-hour events or activities when attending as a parent or spectator. If the teacher chooses to provide assistance at afterhour events, he/she will not be disciplined, negatively evaluated or subject to any reprisal for such involvement as long as the actions by the employee were reasonable and prudent, considering the circumstances. Teachers shall not be responsible for supervising or controlling adults at afterhour events or activities. ARTICLE 4 COMPENSATION A. SALARY SCHEDULES The salary schedule for teachers is attached to this agreement and by this reference is incorporated herein. B. CONTRACT PERIOD 1. The contract period will be for one hundred ninety (190) days unless stated otherwise on the individual contracts. 2. Those 190 days shall be allocated as follows: • 178 student contact days. • Five (5) paid holidays (Labor Day, Veteran’s Day, Thanksgiving Day, President’s Day, Memorial Day). • Seven (7) “in-service” days, determined by the district. C. SALARY PLACEMENT AND MOVEMENT 1. Teachers new to the district shall be placed on the salary schedule at the licensed experience level indicated by years of service in accredited schools to a maximum of ten (10) years of credit. However, the district may, in its sole discretion, award full credit for years of teaching experience beyond ten (10). 2. Teachers new to the district will be placed on a salary column according to their college degree(s) and the number of college credit hours on file that the superintendent determines to be relevant to the assignment or any other assignment projected by the district. Only these credit hours earned after issuance of the initial teaching license shall count toward placement or horizontal advancement on the salary schedule. 3. Following initial placement, teachers shall advance one (1) step on the salary schedule for every two (2) years of completed service of one hundred thirty-five (135) contract days or more in the district subject to the limits of the salary schedule. 4. Following initial placement, teachers shall advance on the salary schedule as additional credit hours are earned. Academic credits will be in the form of approved college quarter-hours. All courses taken for credit which will accrue toward the next level on the salary schedule must 1) be reasonably related to the teacher’s current assignment or another assignment projected by the district; 2) must be part of a planned degree or certification program approved in advance by the superintendent; 3) must otherwise have prior approval of the superintendent. Teachers shall advance one (1) step on the salary schedule for every two (2) years of approved academic work. Completion of an approved master’s or doctoral degree shall be considered the equivalent of an additional year of approved academic work. The superintendent shall not withhold approval in an arbitrary or capricious manner. 5. Credits for column advancement must be documented to the district on a transcript no later than October 15 of any year together with a written request for a column change. The salary change shall then be effective from the beginning of that contract year. Salary column changes shall be effective February 1 of any year if transcripts are presented to the district by January 15. D. Attached to each teacher’s contract, the district will provide a statement of how it arrived at each teacher’s salary, including accumulated sick leave, at the beginning of each school year. E. Department Heads/Team Leaders 1. Teachers who accept additional responsibilities as requested by the administration to serve as department heads or team leaders will be compensated at their hourly rate for time spent. Compensation for any person accepting these responsibilities shall not exceed $450 per year. The method for determining such responsibilities and who will fill said responsibilities will be recommended by the administration in consultation with the staff and approved by the board. ARTICLE 5 INSURANCE A. The district will contribute on behalf of each full-time bargaining unit member $829 per month toward insurance, which will be pooled. B. Contributions for less than full-time teachers shall be prorated. Unit members may draw out of the pool amounts necessary to cover the programs outlined in Section C. If the pool does not cover the cost of the basic programs for all members, payroll deductions will be made to cover the remaining cost of insurance according to a plan submitted by the association. C. The insurance package shall include up to full-family medical-hospitalization, up to fullfamily dental with orthodontia, up to full-family vision, employee life and employee long-term disability coverage. The specific carriers and benefit levels will be determined by the association in accordance with the expressed wishes of the staff as a group after consultation with the administration. D. All licensed employees must participate in the insurance plans except where the employee provides evidence of duplicate medical coverage. E. Insurance benefits shall be for twelve (12) consecutive months each year. New teachers shall receive coverage beginning October 1 or the first of the month following employment if hired after the start of the school year. For teachers leaving the district after completing an entire school year, coverage shall continue until September 30. For teachers who terminate employment before the end of the school year, district insurance coverage shall end at the close of the month employment terminates. ARTICLE 6 LEAVES OF ABSENCE A. SICK LEAVE 1. Sick leave is allowed to full-time licensed personnel at the rate of ten (10) days per complete school year. Sick leave will be credited to the teacher’s account on the first duty day of the school year. 2. Those on extended contracts will have one (1) day sick leave for each twenty (20) days of employment. 3. Any teacher who is absent because of illness for five (5) or more consecutive school days or who shows a consistent pattern in use of sick leave which gives rise to a suspicion of abuse of the sick leave benefit may be required by his/her supervisor to file with the administration a certificate from his/her physician attesting to such illness. 4. As soon as a teacher knows he/she will be unable to report for duty, he/she should notify his/her principal or designee. If the date of the teacher’s return is not known to the principal, the teacher shall call prior to the end of the student day of the day before he/she returns to work to confirm his/her ability to return. Sick leave will be deducted even though a substitute may not be hired when a teacher is absent. 5. At the option of the employee, sick leave may be used for the period of disability due to pregnancy, parental leave, family illness and other circumstances allowed by law. B. BEREAVEMENT LEAVE 1. Three (3) days of non-accumulative leave will be granted in case of death of any member of the immediate family. Additional paid days may be granted at the discretion of the superintendent. 2. The immediate family shall include husband, wife, son, daughter, mother, father, sister, brother, son-in-law, daughter-inlaw, father-in-law, mother-inlaw, grandmother, grandfather, grandchildren. Leave may be granted at the discretion of the superintendent for others living in the immediate household. C. FAMILY ILLNESS LEAVE 1. Three (3) days of non-accumulative paid leave will be granted each year for family illness of any member of the immediate family. 2. The immediate family shall include husband, wife, son, daughter, mother, father, sister, brother, son-in-law, daughterinlaw, father-in-law, mother-in-law, grandmother, grandfather, grandchildren. Leave may be granted at the discretion of the superintendent for others living in the immediate household. 3. If family illness leave is exhausted, then the employee may use available personal leave and then sick leave, in that order, if additional days are needed. D. PERSONAL LEAVE 1. One (1) day leave for personal reasons will be granted annually. Personal leave will increase to two (2) days annually after an individual has accumulated twenty (20) days sick leave, been employed with the district for two (2) years and maintained twenty (20) days of accumulated sick leave. A total of three (3) days of personal leave shall be available after the teacher has accumulated eighty-five (85) days of sick leave and has been employed by the district for nine (9) years or more. Up to two (2) days of personal leave per year may be taken at the end of the school year in a cash payment figured at the substitute teacher rate. 2. Unless an emergency precludes doing so, the administration shall be notified at least twenty-four (24) hours in advance of the taking of personal leave. Personal leave will not accumulate. 3. Personal leave may be used on a day preceding or following a vacation period or holiday but not for the purpose of extending the holiday or vacation period. In emergency situations, administrative approval is necessary for any exceptions to this restriction. If a pattern of use of personal leave on days before or after vacation or holiday develops, the district may require reasons be given for the leave. E. PARENTAL LEAVE LAW Upon request of the employee, the district shall grant up to twelve (12) weeks of leave for purposes of the child care for newly born or adopted children, in accordance with federal law. ARTICLE 7 COMPLAINT PROCEDURE A. NOTIFICATION AND REPRESENTATION 1. An employee shall be informed of any complaint which is received by the administration from a patron, parent, or student, the substance of which may be used in evaluation of the employee or may be placed in the employee’s personnel file. 2. Within ten (10) working days of receipt of the complaint or at a mutually agreeable time, the building principal and the teacher shall meet to discuss the complaint. 3. The teacher, at his/her request, may have a representative present at all meetings involving this procedure, except for meetings held under B.1. below. B. PROCEDURE AND RESOLUTIONS 1. If the teacher wishes to meet with the complainant, the principal shall attempt to arrange the meeting. If the issues are resolved, no record will be retained unless the administrator deems the nature of the complaint to be of special concern. 2. When the administrator judges attempts at informal resolution to be no longer productive, the complaint will be reduced to writing and signed by the complainant. A copy shall be given to the teacher. An unwritten or unsigned complaint shall not be processed further. 3. The administrator shall investigate a written, signed complaint. Upon completion of the investigation, the administrator shall decide that the complaint be dismissed, placed in the personnel file, or held at the building level. A recommendation for possible resolution may also be made. Copies of the investigation report and decisions shall be given to the teacher. The decisions of the administrator may be appealed to the superintendent for a final decision. 4. Any action to reprimand or otherwise discipline an employee as a result of a compliant investigation shall be by separate written document. C. DISPOSITION 1. Any complaint the administrator chooses not to discuss with the teacher within the provision of Article 7, Section A above shall be considered void. 2. A complaint may be deemed without merit by the administration or school board at any point in this procedure. In such cases, no record of the complaint will be retained. 3. If a complaint has been substantiated and a record is to be placed in the employee’s personnel file, the record shall include at least the following information: name of the employee against whom the complaint is made, the date and nature of the complaint, the name of the complainant(s), the administrative summary and the disposition of the complaint. The teacher may submit a written statement of disagreement, which will be attached to the record. ARTICLE 8 GRIEVANCE PROCEDURE A. DEFINITIONS 1. “Grievant” shall mean either: 1) a member of the bargaining unit; or 2) the Fallsburg Teachers Association. 2. “Grievance” shall mean a claim by a grievant that a dispute or disagreement exists involving interpretation or application of the terms of this agreement. Grievances alleging that a district policy or administrative regulation has been violated shall be grievable, but only to the board level. 4. “Party in interest” is the person or persons making the complaint and the person or persons against whom the complaint is made. 5. “Representative” is the one who may advise a party in interest. 6. “Immediate supervisor” is the one who has direct administrative or supervisory responsibilities over the grievant in the area of grievance. 7. “Hearing officer” is any impartial individual who shall conduct the procedures and/or rule on the issues presented at Level Two and Level Three. 8. “Days” when used in this article, except as otherwise indicated, shall mean the grievant’s working days. 9. “Arbitrator” is the person making the decision that is final and binding on all parties in interest as stated in Level Four. B. GENERAL PROCEDURES The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may, from time to time, arise, affecting members of this bargaining unit. Both parties in interest agree that these proceedings will be kept informal and confidential as may be appropriate at any level in the procedure. 1. These procedures should be processed as rapidly as possible. The number of days indicated for settlement or appeal at each level should be considered a maximum. The time limits can be extended by written mutual consent of the parties involved at any level of the procedure. 2. The time period for filing a grievance and responding to the g …
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