AGREEMENT
between the
ELMBROOK SCHOOL BOARD
and the
ELMBROOK EDUCATION ASSOCIATION
THIS
AGREEMENT entered into this 1st day of July, 2003, by and between the Board of
Education of the
1.0
PREAMBLE
Quality education is the main
objective of the Board and the E.E.A. Being ever cognizant that the character
of such education depends largely upon the quality and morale of the teaching
staff, we hereby declare:
WHEREAS,
the E.E.A. recognizes that the Board, under law, has the final responsibility
for the management of the
WHEREAS,
THE E.E.A. recognizes that teaching is a profession; and
WHEREAS,
the Board recognizes the educational expertness of the teachers and views the
consideration of educational matters as a mutual concern; and
WHEREAS,
the laws of the State of Wisconsin permit public employees and public employers
to enter into collective negotiation agreements concerning wages, hours and
conditions of employment of such public employees; and
WHEREAS,
professional negotiations between representatives of the parties produced
certain understandings between representatives of the Board and the E.E.A.; and
WHEREAS, the Board and the E.E.A. desire to incorporate such
understandings into a written Master Agreement.
NOW,
THEREFORE, in consideration of the following mutual articles, the E.E.A.
and the Board hereby agree as follows:
2.0
RECOGNITION
The Board recognizes the E.E.A. as
the sole and duly certified bargaining representative (as certified before the
Wisconsin Employment Relations Commissions on October 23, 1968) for all
certified full-time and regular part-time non-supervisory personnel (excluding
administrators, supervisors, substitute teachers and all non- instructional
personnel) in all matters concerning wages, hours and conditions of employment.
All employees of the District covered by this Agreement are hereinafter
referred to as "teachers."
3.0
NEGOTIATIONS
3.1 Calendar of Negotiations of Salaries and
Working Conditions
The Board and the E.E.A. in
recognizing their responsibilities toward quality education, agree to
collectively bargain in good faith in the interest of arriving at a mutually
satisfactory agreement each year.
The
E.E.A.'s Negotiating Team and the Board's Negotiating
Team, when referred to collectively, shall be called the Joint Negotiation
Committee.
The
Joint Negotiation Committee shall meet in good faith to collectively negotiate
the forthcoming agreement during the first week in February. A request to begin
collective negotiations shall be made in writing by either party to the other,
such request to be directed either to the E.E.A. President or the
Superintendent of Schools.
3.2 Study
Committees
Study committees shall be
established by the Joint Negotiation Committee to study unresolved negotiable
issues. Such committees shall be established no later than September 30th of
the school years. The negotiating teams shall identify the areas of mutual
concern for future study.
Members
are to be selected by the Superintendent of Schools and the E.E.A. President.
Chairpersons and secretaries for such committees shall be selected by members
of each committee. Copies of all minutes shall be mailed by the chairperson to
the Superintendent, the E.E.A. President and all members of the President's
committee. Any negotiable issues which stem from these committee discussions
will be identified, written out and submitted to the next year's Joint
Negotiation Committee. No items of a negotiable nature will be finalized by
these study committees.
3.3 Calendar
Provisions
If in any year where a calendar for the
subsequent school year has not been ratified through the negotiation process, a
committee of members of the Elmbrook Education Association bargaining team and
members appointed by the Elmbrook Board will convene no later than January 1
for the purpose of reaching a tentative agreement on a calendar by February 1.
3.4 Permissive
Subjects of Bargaining
The District reserves the right to
challenge the permissive nature of existing contract provisions in the event
legislation is enacted which would make existing contract provisions mandatory
subjects of bargaining, as a matter of law. The parties agree that a petition
filed pursuant to this reserved right shall be considered timely and will not
be challenged by either party on the basis of timeliness or any other
procedural defect related to the District's right to file said petition.
In
the event the enactment of legislation results in the District's exercise of
the reserved right referred to in the preceding paragraph, the following
agreements shall apply:
1. The collective bargaining agreement in
effect between the parties at the time the District files a petition for
declaratory ruling, as authorized herein, shall remain in effect and be
enforceable for the entire term of that collective bargaining agreement.
2. All contract provisions challenged as
permissive subjects of bargaining in a District petition for declaratory
ruling, filed under the terms of this Agreement, shall continue and be
enforceable in all successor collective bargaining agreements between the
parties, by mutual agreement and/or stipulation pursuant to Wis. Adm. Code
Section ERC 33.11, while the District's petition for declaratory ruling is
being litigated and/or resolved.
4.0
SCHOOL BOARD FUNCTIONS
The Board of Education, on its own
behalf and on behalf of the electors of the District, hereby retains and
reserves unto itself, all powers, rights, authority, duties and
responsibilities conferred upon and vested in it by the laws and Constitution
of the State of
5.0
COMPENSATION - SALARY
5.1 Salary
Schedule (See Appendix C)
5.1.1 Placement
of New Teachers on Salary Schedule
Placement of new teachers on the
salary schedule shall be dependent upon prior experience and educational
degrees/credits. The following guidelines shall be used in determining the
initial placement:
a) Teachers with eight or more years of
experience will be placed on the seventh step.
The Assistant Superintendent, Human Resources, upon Board approval, may
place new teachers on steps above the seventh step in recognition of prior
years of experience.
b) Placement of teachers with fewer than eight
years of experience shall be determined by the Assistant Superintendent, Human
Resources, with the following stipulation: No teacher shall be placed more than
two steps below the number of years of experience.
5.1.1.1 Placement
Above Step
In hiring a teacher in a critical
field for which it is difficult to find qualified personnel, the Superintendent
may:
a)
place said teacher on one step above proper
placement on the salary schedule; or
b) grant said fully qualified teacher one-half
(1/2) year of experience on the salary schedule for each full year of work
experience outside of teaching in a directly related field. No more than five
(5) years of such credit shall be granted. If a provisionally certified
employee is granted the experience credit, he/she shall be frozen on the hiring
step until full certification is achieved.
In
all cases where either of the foregoing placements occur,
the Association shall be promptly notified.
5.1.2 Step
Advancements
Annually, whether during the term of
the contract or hiatus, each teacher will be advanced one full step on the
salary schedule, provided his/her work has been judged satisfactory by the
principal and Superintendent, and approved by the Board.
Upon recommendation of the principal
and Superintendent, the Board may withhold all or part of the annual step of
any teacher whose work or maintenance of professional standards is not
satisfactory.
No teacher's annual step shall be
withheld unless there has been adequate prior notice, supervision and an
opportunity to correct the problem. Such step may in the future be restored, in
part or in full, upon recommendation of the principal and the Superintendent.
5.1.3 Lane
Advancement
Teachers changing preparation levels
between the date of signing of their contract and the beginning of the school
years must provide evidence of such change by September 1 or, if evidence is
not available by that date, as soon as possible thereafter in order to realize
appropriate salary adjustments for that year.
5.1.3.1 Prior
Approval of Credits
Teachers shall receive approval of a
course prior to enrolling in the class. Form - Course Approval 107 is to be
completed and submitted to the building principal.
Credits shall be earned at an
accredited baccalaureate or graduate degree granting college or university.
Teachers are encouraged, but not
required to pursue coursework in their area of assignment, in other areas in
which they have certifications, in areas in which they are pursuing other
certifications, or in content areas related to the above. Coursework in school
counseling, the administration of schools, and the art and practice of teaching
are also encouraged.
It is recognized that the district
may deny approval of a course: which does not have DPI approval; which is taken
from a non-accredited institution; for which no relationship to the items
listed in the preceding paragraph can be shown.
Denial of any course may be appealed
through the grievance procedure.
5.1.3.2 Credit
Equivalency for Lane Changes -
An employee and the District may reach mutual agreement on an individual
program which will provide the employee with salary schedule advancement for
other than college course work in the event that such course work is
unavailable in high-tech, state-of-the-art areas. Such a program may include
experience as follows:
1.
Technical school courses for which non-college credit is offered
(associate degree or certificate credit courses).
2. Workshops, seminars, and conferences
offered through the public/private sector or by a professional association
(e.g. an industrial education teacher at a graphics company). For every fifteen
(15) clock hours of study, one credit shall be awarded for salary schedule
advancement.
3.
Teacher-arranged seminar-type instruction offered to individuals by a
group of companies (e.g. a business education teacher's comprehensive
observations of local industry offices for specific purposes). For every
fifteen (15) clock hours of study, one credit shall be awarded for salary
schedule advancement.
4.
Related work experience. For every forty (40) hours of such experience,
one credit shall be awarded for salary schedule advancement.
No more than eight (8) credits
earned in credit equivalency programs may be applied to any single salary
schedule lane change.
To be approved, the individual
program must be directly related to the teacher's work assignment, and college
credit must be unavailable for such a program.
Teachers wishing to earn credit for
salary schedule advancement through a credit equivalency program must submit a
request on the form provided for this purpose (Appendix L) no later than ten
(10) days prior to the start of the proposed program. The request form must be
submitted first to the designated EEA representative for approval, then to the
Assistant Superintendent, Human Resources. A split decision shall be considered
denial.
Teachers whose individual credit
equivalency programs are denied may appeal to a joint committee of two EEA
representatives and two administrators. The majority decision of the committee
shall prevail.
Upon satisfactory completion of a
program, teachers shall submit proof of completion and a completed Appendix M
to the Assistant Superintendent, Human Resources, who shall in turn issue
teachers a verification of credit(s) earned toward salary schedule advancement.
5.2 Compensation:
Sixth Assignment
5.2.1 Sixth
Assignment (see 10.5)
Teachers who agree to carry a sixth
teaching assignment shall receive $3960.24 per year or $1980.12 per semester
for a sixth teaching assignment.
5.2.2 Elementary
Specialists for 6th Assignment
Elementary specialists (art, music,
physical education) are eligible for 6th assignment pay or portion thereof (See
5.2.1) when their teaching schedules exceed a full time assignment as
established by the district. The district shall provide a copy of these
guidelines to each elementary specialist and to the president and the head
negotiator of the Elmbrook Education Association by September 30.
When
an overload situation occurs, the Administration shall consult with the
teacher(s) to consider what options may exist.
When an overload situation occurs in
elementary special education, the administration will work with the teacher and
other appropriate staff to find creative ways to schedule in preparation time.
However, in the event no solution can be worked out, the special education
teacher will be eligible for 6th assignment pay or portion thereof (see
5.2.1).
5.3 Extra
Pay
The policy for additional
remuneration includes only those tasks which must necessarily be done in whole
or for the greater part outside regular school hours by teachers whose special
training, ability or experience qualifies them for this assignment over and
above their normal teaching load.
5.3.1 Extra
Pay Salary Administration
A person will be placed on the Extra
Pay Salary Schedule according to actual experience in the system in that
activity area, and/or credit granted for experience up to four (4) years, as
determined when initially hired from another district. The assignment of a
staff member to any activity shall be reviewed yearly. An assistant who is
promoted to a head coaching position shall be granted equal experience as an
assistant for assignment as a head coach.
5.3.2 Extra
Pay Schedule (See Appendix D)
All extra pay positions have been
reassigned dollar amounts based upon the hourly ratings developed by the Extra
Pay Committee and implemented at the beginning of the 1982-83 school year and
revised for the 2001-2003 school years. Payments will be made according to the language
and amounts found in Appendix D, Extra Pay Schedule.
Any newly created positions in the
Extra Pay Schedule will be ranked and placed on the Extra Pay Report. The
salary will then be calculated from existing salaries on the schedule by
comparing ranking totals and using interpolation if necessary. The ranking
shall be mutually agreeable to the Board and the E.E.A.
5.3.3 Assignment
of Extra Pay Positions
The Administration shall make a
reasonable effort to reach mutual agreement with each teacher, as to proposed extra curricular assignments before making such
assignment. Any teacher having completed at least one year of an extra
curricular assignment and desiring to be relieved from such duty in the
following school years shall notify the Administration of such, prior to April
15 of the current year. Reasonable effort will be made to comply with such
requests. In the event such reasonable effort is unsuccessful, the extra
curricular assignment may be reassigned.
When extra duty assignments are changed
or eliminated, either by the principal or at the request of the teacher, such
changes shall be discussed by the personnel involved before such change is
effected.
5.3.3.1 Open
Positions
Extra pay positions will be opened (and posted):
when a new
position is created,
when a
position is vacated,
when a bargaining unit member
holding a position leaves the unit or every five (5) years (effective
5.3.3.2 Access
to Positions
No non-unit member shall be granted
an initial contract to perform a posted extra-pay assignment when there is a
qualified bargaining unit member who applies for the posted position.
Qualified bargaining unit members
newly transferred, recalled, or hired for a particular building may apply for
any position held by a non-unit member for which he/she was not able to apply
when the posting last occurred. The bargaining unit member shall be given the
position if he/she can demonstrate to the hiring team the necessary
qualification to be successful in the position. Should the transfer, recall, or
hiring occur within one month of the beginning of the activity or after the
activity has begun, the unit employee may not apply for the activity in that
year, but may apply for that position in the next year.
The hiring team will weigh the
following factors in the selection process:
Demonstrate current innovative
techniques and the ability to teach skills appropriately.
Show a record of leadership that the
activity will advance under the candidate’s leadership.
Prove a working knowledge of the
rules, regulations and ethics specific to the activity.
Make evident, positive role model
behavior.
Demonstrate a record of success in
interpersonal skills to be able to work with a wide variety of people,
including parents, and perform under pressure.
Show previous successful experience
in a parallel or similar position.
Articulate and demonstrate a record
that supports that the candidate has a philosophy consistent with the Elmbrook
school community.
It is standard procedure that
reference checks are an integral part of the process.
5.4 Substitute Pay (See 10.10.1)
Payments for substitutes as
described below shall be paid at the rate of $8.05 per twenty (20) minutes
block of time or any major fraction thereof. Payments for a full class period
shall be $24.15.
In order to receive remuneration, a
teacher must assume the duties and/or responsibilities of the teacher for whom
he/she is to substitute. If a substitute cannot be secured at the elementary
level in art, music, library or physical education, the regular classroom
teacher must assume the duties and/or responsibilities of that special teacher
in order to receive remuneration.
5.5 Drivers
Education - Evening
Authorized Evening Driver Education
Instructors shall be paid at $24.98, per instructional hour.
5.6 Homebound
Instruction
Authorized Homebound Instructors
shall be paid at the rate of $24.98, per instructional hour.
5.7 Curriculum
Rate
Effective
5.7.1 Remuneration
for Teacher Who are Presenters
A teacher who volunteers to present
a course, a CEU session, or a sectional on the District In-Service Day shall be
remunerated at the curriculum rate, under the following conditions. In advance
of the activity, the teacher and the appropriate administrator shall mutually
agree to the number of hours for which the teacher shall be remunerated. The
hours shall include preparation time. If the presentation occurs outside of the
teacher day as described in 10.2 and 10.8, the teacher shall be
remunerated for presentation time, as well.
5.8 Summer
School Pay (See 10.16)
Teachers will be paid at the rate of
$23.31 per clock hour of employment during the summer sessions. Employment time
for classroom teachers shall consist of a fifteen (15) minute preparation
period before the teaching assignment and
Driver education personnel will be
paid for four and three-quarters (4-3/4) hours of work per day at the clock
hour rate set forth above. When it is necessary to employ driver education
instructors for periods longer than the regular six week summer session or for
hours worked beyond the four and three-quarter (4-3/4) hour day, their pay will
be increased commensurately.
There shall be two (2) pay periods
for all summer school personnel: 1st pay date: July 15; 2nd pay date: July 31.
5.9 Summer
Project Work (See 10.17)
Payment shall be based on the summer
school pay scale as agreed to in the Master Agreement for that year. The Board
shall make funds available for a minimum of two (2) such projects each year.
The final decision as to the approval of such projects will be subject to Board
action.
5.10 Summer
Inservice/Staff Development (See 11.3 and 11.4)
Teachers will be compensated at
their individual daily rate for the succeeding school year for attendance on
those days.
5.10.1 New
Teacher Inservice Compensation (See 11.5)
New teachers will be compensated at
the daily BA-0 Step 1 rate for the succeeding school year for attendance on
these days and shall receive their pay on or before August 31.
Teachers who attend new-teacher inservices offered by a building principal or by central
administration during the school year shall be remunerated at the CEU rate
(5.11). Attendance shall be optional.
5.11 Continuing
Education Unit (CEU) Pay Rate (See 11.7)
Reimbursement for continuing
education units will be part of the June 30th paycheck. All units earned and
verified will be used in determining the reimbursement. The rate of pay will be
$10.20 per CEU.
5.12 Salary
Payments
Teacher salaries shall be paid in
twenty four (24) semi-monthly amounts.
Teachers desiring twenty (20)
semi-monthly payments rather than twenty-four (24) semi-monthly payments, shall notify the Business Office to that effect,
in writing, no later than August 1.
All salary payments shall be made
using direct deposit to qualified financial institutions chosen by each staff
member. Deposits will be made on the fifteenth and last day of the month,
unless on that day the Federal Reserve is closed. In that case, payments will
be made the weekday before, when the Federal Reserve is open. Staff will be
notified of the amount of each deposit through receipt of an earnings statement
each payday.
The Board will continue to pay extra
duty compensation on the teachers' regular payday; however, standard deductions
shall be made as if the extra pay compensation were paid on a separate check.
5.13 Tax-Sheltered
Annuities - Deferred Compensation
The Board shall continue to make
available the opportunity to purchase tax-sheltered annuities for those
teachers who so desire. Provision shall be made for the withholding and payment
of funds through the Business Office. Such action shall be taken only after
written indication of intent to participate has been filed with the Business
Office. All teachers shall also be eligible to participate in the District's
deferred compensation plan created pursuant to Section 40.81 of the Wisconsin
Statutes.
The District shall publish in
September a list of approved tax sheltered annuity providers. Providers shall
remain on the list or may be added to the list as long as there are at least
eight (8) teachers who are interested in participating in the specific
provider's plan. However, teachers who are participating in plans with fewer
than eight (8) teachers shall be "grandfathered" and may remain in
those plans. No new teachers may participate in any plans with fewer than eight
(8) participants unless the total number of participants meets or exceeds eight
(8).
5.14 Association
Dues Deduction (See 12.1, 12.2)
6.0
COMPENSATION - BENEFITS
6.1 State
Retirement Contribution
For 2003-04 and 2004-05 years, the
District will pay the full amount of the teachers’ retirement portion of State
Retirement. Teachers’ salaries shall include extra pay salaries for the purpose
of calculating the retirement contribution.
6.2 Health
Insurance
Employees have option to participate in the
Physician PPO or the Indemnity Plan. The District shall pay the percent of the
teacher's health insurance premium found in the table below for all teachers
employed for eighty percent (80%) or more. For teachers employed less than
eighty percent (80%) of a full-time contract, the district shall pay health
insurance benefits on a pro-rata basis. However, full-time teachers hired prior
to
A teacher may elect not to take the
family health coverage and may so indicate by signing a Waiver form in Human
Resources.
6.2.1 Plan
Options
Employees shall select either of the
benefits described in 6.2.1.1 or those in 6.2.1.2
6.2.1.1 Indemnity
Plan
The benefits in the Indemnity Plan shall
not be less than those in effect on
6.2.1.2 Physician
Preferred Provider Organization (PPO)
A Physician PPO shall be available
to all employees effective
Employees are encouraged to utilize
the physicians within the designated PPO when seeking the services of a
healthcare professional; however, employees and their dependents are free to
obtain services with the physician of their choice but with a co-payment.
Co-payment: A fifteen dollar ($15) office co-payment will
be the responsibility of the insured. This co-payment applies to each visit to
a non-network physician.
Exemptions: Employees, retirees and insured dependents
who reside within the five (5) county area:
In the event that an individual has
an emergency and seeks care from a non-network physician, the co-payment shall
be waived.
If a procedure is medically
necessary and cannot be performed by a network physician, then the insured
would have the non-network co-payment waived.
The benefits in the Physician PPO
shall not be less than those in effect on
6.2.2 Prescription
Drug Card
The Drug Card will cover contraceptives including birth control pills,
devices, injections, and implant or patch systems.
* The dispensing fee for up to a 90-day mail
order is $2.00 per script
6.2.3 Fertility
Treatments
Employees or their spouse undergoing fertility treatment as of
6.2.4 Transplants
Transplants are covered in accordance with the provisions detailed in
Appendix H and the Medical and Dental Benefits booklet.
6.2.5 Out-of-Pocket
Maximum
Stop loss limits cap the employee’s out-of-pocket expenses to $1,500 for
employees with single coverage and $3,000 for the employees with family
coverage each calendar year. These out-of-pocket limits exclude prescription
drug costs, costs above plan limit for mental health coverage and costs for
medical care and services not covered by the plan design.
6.2.6 Hospital
Preferred Provider Organization (HPPO)
Employees are encouraged to utilize
the hospitals within the designated PPO for all hospital admissions; however,
employees and their dependents are free to obtain services with the hospital of
their choice but with a penalty.
Penalty: The first $250 of incurred expenses will be
the responsibility of the insured. This penalty applies to each admission to a
non-network hospital.
Exemptions: Employees, retirees, and insured dependents
who reside within the five (5) county area:
In the event that an individual
goes to the emergency room and is subsequently admitted, the penalty shall be
waived.
If a procedure is medically
necessary and cannot be performed in network, then the insured would have the
non-network penalty waived.
6.3 Dental
Insurance
The District shall pay one hundred
percent (100%) of the teacher's dental insurance premium for all teachers
employed for eighty percent (80%) or more. For teachers employed less than
eighty percent (80%) of a full-time contract, the District shall pay dental
insurance benefits on a pro-rata basis. However, full-time teachers hired prior
to
The benefits provided under the
District's dental insurance program are identified in Appendix I.
6.3.1 Passive
Dental Preferred Provider Plan
Employees are encouraged to utilize
the dentists in the preferred provider organization; however, employees and
their dependents are free to obtain services with the dentist of their choice
without a penalty.
6.4 Flexible
Spending Account
The District will implement a
Flexible Spending Account Plan to allow teachers to designate pre-tax dollars
for premium payments and other allowable medical costs in accordance with
Section 125 of IRS regulations.
6.5 Life
Insurance
The Board shall pay 100% of the cost
of term life insurance for each teacher, the amount to be based on the nearest
$1,000 above the current salary of the teacher.
6.6 Workers'
Compensation
A teacher who is accidentally
injured in performance of assigned duty shall continue to be protected under
the Worker's Compensation Laws of the State of
1.
Payment as authorized by the District Worker's Compensation Carrier
consistent with the Worker's Compensation laws of the State of
2.
At the employee's option, utilizing accumulated paid leave on a pro
rata basis, payment by payroll check from the District for the difference
between the Worker's Compensation payment and the employee's regular individual
contract for the period of disablement authorized under Worker's Compensation.
3.
Delays in the implementation of adjustments in payment and charges to
be paid may be caused by the processing of the Worker's compensation claim.
4.
Absence on the day of injury or illness or during the subsequent three
(3) days allowed under Worker's Compensation, shall
not be charged to the Employee's accumulated paid leave.
Continuation of all District
benefits, accrual of paid leave, seniority, compensation and reinstatement are
outlined under the leave of absence provisions in this contract.
6.7 Liability
Insurance
The Board shall continue its present
liability coverage of each teacher in the amount of $1,500,000.
6.8 Long
Term Disability
The District will provide a
disability insurance program. Benefits provided will be disability income equal
to ninety percent (90%) of the regular annualized monthly salary. The waiting
(elimination) period will be sixty (60) consecutive calendar days for both
accident and sickness. Benefits are provided for both accident and sickness
consistent with the age limitation permitted under the Age Discrimination and
Employment Act (ADEA).
The
maximum benefit period is as follows:
Age At Maximum
Disablement Benefit
Period
Less
than 60 To age 65
Ages
60 - 64 Maximum
5 years
Ages
65 - 68 To age 70
Ages
69 or older Maximum
1 year
The District shall have cause to
terminate any employee on long term disability when the following conditions
exist: (1) the teacher has been on long term disability leave for three (3)
consecutive years, (2) the teacher is physically and/or mentally unable to perform
the duties of the position for which he/she was hired, and (3) the District has
obtained medical documentation indicating that there is no expectation that the
teacher will be able to return to employment with the District within the next
year.
The District will pay the health
insurance premium costs for teachers on long term disability until they reach
age 65. Dental, Life and AD & D coverage will cease if an employee is
terminated pursuant to the provisions in the foregoing paragraph. However, upon
submitting a completed application form, the life insurance coverage may be
continued during the period of disability to age 65, under waiver of premium
through the group life insurance carrier.
6.9 Income
Protection Insurance
The Board will continue to make
available additional Income Protection Insurance for those teachers who wish to
participate, premium costs to be paid by the teacher.
6.10 Collision
and Comprehensive Insurance
If a teacher's car is damaged by
unknown persons while parked on District property or on authorized school
business, the District will pay up to $200 toward the teacher's collision
deductible insurance, if such damage is adjusted under the collision portion of
the teacher's policy. Such claim will be paid upon proof of insurance
adjustment submitted to the District Business Office. If the teacher does not
carry collision insurance, the District will pay up to $200 for such damages
upon proof of loss acceptable to the District.
If a teacher's car is damaged by
vandalism while on District property while the teacher is performing assigned
duties, the District will pay up to $100 toward the teacher's comprehensive
deductible insurance. Such claim will be paid upon proof of insurance
adjustment submitted to the District Business Office.
If the teacher does not carry
comprehensive insurance coverage, the District will pay up to $100 for such
damage upon proof of loss acceptable to the District. The total district
liability, while the car is on district property, shall not exceed $1,000
during the term of this contract.
6.11 Damaged
Personal Property
If a teacher's clothing, watch, or
eyewear is damaged while the teacher is in the performance of his/her duties,
the District will pay for the repair or 100% of the replacement value of those
items. Such claim will be paid upon proof of loss acceptable to the District
(i.e. receipt, photo, statement of witness). Such proof shall be attached in
writing to a completed Damaged Property Form (Appendix N.)
6.12 Benefits
to Teachers on Leave
Teachers on leave of absence under
Sections 8.4, 8.5 or 8.7 may elect to take the group health,
dental or life insurance. The individual shall pay the monthly premium,
starting with the 1st of the month following the starting date of the leave of
absence. Where the leave is granted for a year, starting with the end of the
school year, premium payments shall commence on September 1.
6.13 Dependent
Care Benefit Plan
The Board shall make available to
all teachers, the opportunity to participate in a dependent care cafeteria
benefit plan. Benefits provided under the plan shall be funded by salary
reductions from the participating employees. The plan shall be administered by
the Business Office in accordance with the terms of the formal plan document.
7.0 COMPENSATION -
RETIREMENT BENEFITS
7.1 Retirement
Benefits
The following benefits shall be
available to teachers who resign from their regular full time duties and meet
the following age and years of service conditions.
7.1.1 Eligibility
Conditions
To be eligible for health benefits
as specified in 7.1.2, a retiring teacher shall have a minimum of:
Years of Service Age
At
least fifteen (15) 60 or
older
At
least sixteen (16) 59
At
least seventeen (17) 58
At
least eighteen (18) 57
At
least nineteen (19) 56
At
least twenty (20) 55
7.1.2 Health
Insurance
A. Before
Medicare eligibility.
The District shall provide retirees
a health insurance plan identical to that in place for active members of the
bargaining unit for up to five (5) consecutive years from the date of
retirement until the retiree reaches the age of Medicare eligibility.
The District will contribute sixty
(60) percent of one hundred (100) percent of the cost of health insurance for
up to three (3) additional years beyond the five (5) years stipulated in 7.1.2.
until the retiree reaches the age of Medicare
eligibility. Premium payments for coverage under the group plan should be made
to the Business Office thirty (30) days in advance. The insurance supplement
provided for in this paragraph terminates at the expiration of the 2003-2005
Master Agreement and continuation shall be contingent upon the effectiveness of
the benefit.
Retirees who have received District
paid health insurance for five (5) years and for an additional three (3) years
and have not reached the age of Medicare eligibility, may continue to
participate, at their own expense, in the District's plan until the retiree
reaches the age of Medicare eligibility. If at any time during the period of
retirement a lapse in coverage occurs under the District's plan for any reason,
the retiree will not be eligible or permitted to re-enroll in the plan.
The District's contributions shall
terminate when the retiree reaches the age of Medicare eligibility.
Premium payments for coverage under
the group plan shall be made to the Business Office thirty (30) days in
advance.
B. Medicare Eligible Retirees.
Medicare "Carve Out" Plan.
Retirees shall be eligible to remain
in the District's health insurance group and purchase a Medicare "carve
out" health insurance plan which, when combined with Medicare benefits,
will match the health insurance benefits negotiated for active members of the
bargaining unit. The rates for the "carve out" plan shall be determined
by the District.
In order to be eligible to
participate in the "carve out" plan, the employee must have been a
participant in the group plan at the time the employee becomes eligible for
Medicare. This participation requirement can be satisfied in one of two ways:
(a) by an employee who is an active participant in the District's plan and who
retires at or beyond becoming eligible for Medicare; or (b) by an employee who
is an active participant in the District's plan, who retires prior to reaching the
age of Medicare eligibility and who is eligible to continue in the plan until
eligible for Medicare under 7.1.2 (A) or by purchasing continuation coverage. A
retiree's spouse who has not yet attained Medicare eligibility at the time the
retiree reaches Medicare eligibility may continue to participate in the
District's plan for active employees until he/she reaches the age of Medicare
eligibility and is then eligible for coverage under the "carve out"
plan.
The
purchase of the "carve out" plan shall not require proof of
insurability. If a lapse in coverage occurs under the "carve out"
plan for any reason, the retiree will not be eligible or permitted to re-enroll
in the plan.
Premium payments for coverage under
the "carve out" plan shall be made to the Business Office thirty (30)
days in advance.
C. Spouse/Dependents
Coverage: If a former employee dies while receiving health insurance under this
section and is survived by a spouse and/or dependent, such person(s) shall be
eligible to receive any unused portion of the former employee’s benefit,
including the right of the spouse to participate in the plan.
Benefits payable to the spouse
or dependent(s) will not exceed, in combination with those already provided to
the retiree before his/her death, those that would have been available to the
former employee if (s)he had survived.
7.1.3 Life
Insurance
Upon retirement (under age 65), when
eligibility conditions are met, the Board will continue to provide the group
term life insurance by paying 100% of the premium costs. The amount is based on
the nearest $1,000 above the teacher's salary at the time of retirement. At age
65, or later, the Board will continue to provide and pay 100% of the costs of
extended group term life insurance in accordance with the following table of
coverage reductions:
% of insurance coverage continued
From and after 65th birthday and
before 66th birthday 75% of salary
From
and after 66th birthday and before 67th birthday 50% of salary
From
67th birthday 25% of salary
7.2 Early
Retirement Contributions to W.R.S.
The District shall pay up to three
(3) years of age penalties to the Wisconsin Retirement System to help offset
penalties teachers may incur when they retire early. In order to be eligible,
teachers shall meet the following age and service conditions.
7.2.1 Eligibility
Conditions for Early Retirement
Teachers who have
taught at least fifteen (15) years in the District and have reached age sixty
(60) or older.
Teachers who do not meet the
eligibility requirements set forth in this paragraph may request an exemption
from the Board. The Board shall consider each request on an individual basis
and shall not be required to approve the request.
7.2.2 Provisions
for Payment
1. The District shall pay up to three (3)
years of age penalty payments to the Wisconsin Retirement System to help offset
penalties teachers may incur when they retire early. Payments will be made
pursuant to the requirements of Wisconsin Statute 40.23 (2m)(g)
and the administrative rules of the WRS as amended or recodified
from time to time.
2.
The benefits to be received by the retiree shall not exceed the
benefits which would have been received by the retiree under the former
Wisconsin Statute 40.02 (42) (f).
3.
Letter of Agreement. The Board shall provide a letter of agreement
specifying the amounts to be paid to WRS on behalf of the retiring teacher.
Such letter shall bind the Board to make payment as specified. A copy of said
letter shall be forwarded to the Association.
4.
Death Benefit. In the event that the declared early retiree should die
prior to payment of the benefits of this policy, the amount stated in the
Letter of Agreement shall be paid to WRS.
7.3 Notice
Provisions
Teachers who plan to retire at the
end of a school year shall provide written notice to the Assistant
Superintendent, Human Resources no later than February 1st of that school year.
In all cases of retirement, the
Board shall issue a letter of agreement specifying the benefits to be provided
by the District to the retiring teacher. A copy of said letter shall be
forwarded to the Association.
8.0 LEAVE OF ABSENCE
8.1 Paid
Leaves
A teacher shall be granted paid
leave according to the following schedule, either for teaching experience in
the District or for total net teaching experience granted upon initial
employment in the District.
1-5
years inclusive - 10 days per years
6-9
years inclusive - 12 days per years (Cumulative to 90
days)
Thereafter - 15
days per years (Cumulative to 90 days)
The days remaining after the maximum
accumulation has been reached shall be made available to the teacher in the
succeeding school year if the teacher uses more than fifteen (15) days of paid
leave during the present school year. In no case shall more than ninety (90)
days be accumulated in any school year.
Part-time teachers who have a contract
for 50% or more will be credited with 100% of their paid leave and will have a
full day deducted for each day of usage. Part-time teachers who have less than
a 50% contract will be credited with 50% of their paid leave and will have
one-half day deducted for each day of usage.
Note: Those teachers who have accumulated more than
ninety (90) days as of the end of the 1971-72 school years shall have the extra
days set aside, in the event that it becomes necessary for them to avail
themselves of the disability program. Upon return to work they will start with
the number of days they have accumulated over and above the present ninety
(90).
A. Each
year's total or total accumulated days may be used for an illness or
disability.
B. Maternity-Employment
shall be interrupted at a date determined by the teacher and her doctor. As
with other illnesses or disabilities, the teacher shall return to work as soon
as she is medically able.
C. Personal
Days
For the 2003-2004 school year, the following guidelines will be used for teachers
receiving personal days:
If two discretionary days or
less have been used, then a teacher receives two (2) personal days.
If three discretionary days
are used, then one (1) personal day is available.
If four or five discretionary
days are used, then no personal days are available.
Beginning with 2004-2005,
teachers will have two (2) personal days.
Personal days can be carried forward to accumulate a maximum of four
days.
A
teacher shall file a written notice with the principal prior to the leave (when
possible). Said personal day(s) shall
not be used to extend a holiday vacation or other breaks in the normal school
calendar by intent. Building principals
shall have the discretion to limit the use of this leave to two (2) teachers in
buildings with 25 or less staff and three (3) teachers in all other buildings
provided that substitute teachers are available.
Teachers will also have available 3
discretionary days to be utilized for the following situations:
• Funeral
• Teacher’s own wedding and/or honeymoon.
• Emergency
a) Natural disasters directly affecting the teacher’s personal property
or dwelling;
b) Failure of a major system(s) within the teacher’s home;
c) Unscheduled delays in public transportation except for the
cancellation of airline flights that were originally scheduled after
d) Breakdown of personal automobile and unreasonable accessibility or
inaccessibility of public transportation.
e) Medical needs of a teacher’s spouse, children or parents.
Teachers whose leave requests are
denied may appeal the denial to the Assistant Superintendent, Human Resources
D. Teachers who must leave school for
reasons other than school connected, and a substitute is employed, will have a
minimum of one-half day deducted from paid leave.
E.
All teachers will be informed by written statement of their total
accumulation of paid leave days with the September 15 pay check.
8.2 Partially
Paid Leaves
This section refers to those
necessary and required leave situations (as listed below), wherein some
remuneration is received by the person on leave. In such instances, the Board
will pay the difference between remuneration received and the teacher's regular
salary.
A.
Required appearance in court or administrative bodies, involving no
moral turpitude (offense of a criminal nature) on the part of the teacher.
B.
Required military leave (not to exceed two weeks per year) shall be
granted to a teacher who must report for duty during the teaching contract
year. In the event that a national emergency or civil strife demands that the
teacher report for military duty (not to exceed a total of 60 days), such
teacher shall not lose accumulated sick leave. In the event of national
mobilization, neither of the above stated conditions shall apply to teachers.
C.
Where Worker's Compensation payments are made, said payment may be
endorsed to the
D.
A teacher will immediately report in writing
to the school principal all cases of assault suffered by the teacher. If an
assault on a teacher of the Elmbrook School System by a student or ex-student
results in loss of teaching time, the teacher shall be paid in full for such
lost time and such paid absence shall not be deducted from the teacher's
accumulated sick leave. Worker's Compensation will cover an assault of a
teacher who is in the performance of school duties, and such remuneration shall
be remitted to the school district.
Absence
from duty by a teacher for any of the above listed reasons will result in loss
of paid leave, if remuneration in excess of the employee's regular salary is
accepted and retained by the teacher for services or obligations received from
above.
If payments are made to the teacher
from outside sources for time missed from work, these payments may be assigned
to the
8.3 Sabbatical
Leaves
A teacher must have taught in the
Elmbrook School System for a period of at least five continuous years before
consideration can be given for sabbatical leave. Those who have taught for five
years may apply for such leave, which shall not be for more than one school
year.
A teacher desiring such leave shall
file a request with the Superintendent of Schools by February 1. This request
should delineate the purposes of the teacher's sabbatical leave program and the
benefits which pupils and schools shall derive therefrom.
Upon approval of the Superintendent,
the teacher shall submit the request to the Board of Education for its decision
by April 1. The Board reserves the right to refuse or approve each request. A
teacher, upon returning to the school system, shall be employed either in the
teacher's former position or in a position of like nature and status, but not
necessarily at the same school, grade or subject.
A teacher on sabbatical leave shall
retain all seniority, retirement rights and benefits upon returning from such
leave. During the sabbatical leave, a teacher shall accrue seniority and
receive insurance benefits, but shall not receive sick leave benefits.
Upon returning to the school system,
the teacher shall be placed at the next step on the salary schedule, e.g. a
teacher at step 7, B.A., for the 1993-94 school year,
would be at step 8, B.A., for the 1994-95 school year. A teacher granted such
sabbatical leave shall receive, from the District, one-half salary of the year
in which the teacher last taught in the system. Payment would be in twenty-four
(24) installments beginning in September and ending the following August.
A teacher granted such leave is
obligated to return to the school system for at least three years of
employment; provided any teacher does not return after the sabbatical leave,
the teacher must repay the school system the sabbatical salary, pro-rated over
the period of unfulfilled obligation, and the Board may require a promissory
note as evidence of the obligation. The death of a teacher
while on sabbatical leave or during the three years of service following a
leave shall cancel the repayment of the obligation.
8.4 Short
Term Leaves of Absence Without Pay 30 or Fewer
Calendar Days
Teachers may request short term
leaves of absence without pay for a duration of thirty
(30) continuous calendar days or less per school year. Short term leaves of
absence may be approved at the discretion of the Superintendent of Schools or
designee.
Requests for short term leaves
without pay shall be submitted in writing, indicating the reasons for such
leave, the beginning date, and the duration of such leave.
Upon approval of a short term leave,
the Superintendent of Schools or designee shall inform the applicant in writing
of the terms and duration of such leave.
Teachers granted short term leaves
without pay shall be guaranteed a return to a District position subject to the
layoff provision in effect at time of return, shall retain previous salary
status and shall be granted an increment the following year subject to 5.1.2
, shall retain but not accrue seniority subject to 8.8 , shall retain
but not accrue accumulated paid leave, and may continue in the District's
health, dental and life insurance policies by paying in advance to the District
the premiums for the coverage selected.
8.5 Long
Term Leaves of Absence Without Pay - 31 or more
Calendar Days
Teachers may request long term
leaves of absence without pay for a duration of one semester, one school year,
or balance of semester or school year by applying to the Superintendent of Schools
or designee, at least thirty (30) calendar days in advance of the next
regularly scheduled Board of Education meeting. Long term leaves of absence
require Board approval.
Requests for long term leaves
without pay shall be submitted in writing, indicating the reasons for such
leave, the beginning date, and the duration of such leave.
Upon approval by the Board of
Education, the Superintendent of Schools or designee shall inform the applicant
in writing of the terms and duration of such leave.
Teachers granted long term leaves
without pay for one semester or less shall be guaranteed a return to a District
position, subject to the layoff provision in effect at the time of return,
shall retain previous salary status and shall be granted an increment the following
year subject to 5.1.2 , shall retain but not accrue seniority subject to
8.8 , shall retain but not accrue accumulated paid leave, and may
continue in the District's health, dental, and life insurance policies by
paying in advance, to the District, the premiums for the coverage selected.
Teachers granted long term leaves
without pay for more than one semester shall be guaranteed a return to a
District position only if there is an opening for which they are certified,
shall retain previous salary status and shall be granted any increment earned
prior to the leave (subject to 5.1.2 ) but shall not earn an additional
increment for the year of leave, shall retain but not accrue seniority, shall
retain but not accrue accumulated paid leave, and may continue in the
District's health, dental, and life insurance policies by paying in advance, to
the District, the premiums for the coverage selected.
8.6 Extended
Disability Leave
If a teacher has been on sick leave
and has a doctor's statement that he/she may return to work, the teacher shall,
upon request, be granted up to two additional weeks leave without pay.
Teachers granted these two
additional weeks without pay shall be guaranteed a return to a District
position, shall retain previous salary status and shall be granted an increment
the following year subject to 5.1.2, shall retain but not accrue
seniority subject to 8.8, shall retain and accrue accumulated paid
leave, and may continue in the District's health, dental and life insurance
policies by paying in advance, to the District, the premiums for the coverage
selected.
8.7 One
to Three Years Leave of Absence
After five (5) years of service
(full-time or part-time) in the District, a teacher may apply for a leave of
absence at no pay, for one year to three years duration. The leave may be for
one year, renewable for two successive years, provided that notice of such
intent is received by the Administration by February 1 of the year preceding the year of requested leave. The teacher must
notify the Administration in writing no later than February 1 of his/her intent
to return or not return. Failure to do so may result in cause for termination.
Teachers granted a third year of
leave shall be eligible to return only if they have been engaged in and completed
a prior approved educational pursuit(s) during the 3rd year of leave which may
involve teaching, substitute teaching, teacher aide work and/or continuing
education.
Upon approval by the Board of
Education, the Superintendent of Schools or designee shall inform the applicant
in writing of the terms and duration of such leave.
Teachers granted a one to three
years leave of absence without pay shall be guaranteed a return to a District
position contingent upon the layoff provisions in effect at the time of the
teacher's return; shall, subject to 5.1.2 be granted an increment upon
return to the District; shall retain but not accrue seniority; shall retain but
not accrue accumulated paid leave; and, may continue in the District's health,
dental and life insurance policies by paying in advance, to the District, the
premiums for the coverage selected.
8.8 Accrual
of Seniority While on Leave
During the 1983-84 school year
employees on leave under 8.3, 8.4, 8.5, 8.6 or 8.7 shall either
accrue or not accrue seniority in accordance with the policies and practices in
effect under the 1981-83 Agreement.
Employees on a leave under 8.4,
8.5 and 8.6 shall only accrue seniority when they are:
1.
On disability leave but are not receiving long term disability
insurance benefits.
2.
On an educational/teaching exchange program.
3. In the Peace Corp.
4. On jury duty.
5. On mandatory military duty.
6. Absent due to reasons beyond the teacher's
control, i.e., kidnapping or plane hijacking.
9.0
CONDITIONS OF EMPLOYMENT
9.1 Physical
Examination
In accordance with
Wis. Stats. 118.25 (2) each new teacher is required to
pass a physical examination.
9.2 Teacher
Certification
9.2.1 Deactivation
of Certifications
"Certification" shall
refer to the teacher's current certification(s) on file in the District office.
Employees may utilize any and all
certifications they possess. However, they may elect to deactivate one or more
of their certifications within the District without decertifying at the state
level. Deactivation of a certification shall be controlled by the guidelines
listed below:
1. Teachers initially employed for the 1993-94
school year and thereafter shall not be eligible to deactivate any certification
which they may possess.
2.
Teachers may not deactivate certification(s) in the major(s) for which
they were hired to teach.
3.
Teachers may not deactivate certification(s) in their teaching minor(s)
during their first eight years of employment in the District.
4.
The teacher shall indicate, by February 1st, the intent to deactivate
certification(s) in any teaching minor(s) or in major(s) which have never been
taught in the District. If the deactivation results in reassignment, the teacher
shall have completed a minimum of six (6) credits or have taught in the
reassignment certification area within the past three (3) years.
9.2.2 Reactivation
of Certifications
Once
a certification is deactivated within the District, that certification may not
be used locally unless and until the employee takes six (6) additional credits
in that area of certification. Such credits must be taken after the
deactivation of the certification in question. In addition, the teacher must
obtain prior District approval of the courses for which the credits are granted
and the courses must be completed and a verification of completion filed in the
District office prior to February 1. Upon satisfaction of these conditions, the
certification will be activated for the next school year.
9.3 Class
Size
As a guide line, each elementary
school shall strive to maintain an average class size of twenty-five (25)
students. Grades K-2 should be less than a twenty-five (25) student average.
Each middle school and senior high school shall strive to maintain a course
section average of twenty-five (25) students. Courses such as Driver Education,
Remedial Reading, Typing, Team Teaching, Physical Education and other special
situations of a like character, should not be considered when determining the
average of twenty-five (25) students per class.
Upon written request from the E.E.A.
to the Assistant Superintendent, Human Resources, a class size report will be
available to the Association on November 1, and ten (10) working days following
the beginning of the second semester.
All personnel who are involved in
implementing mainstreaming (administrators, psychologists, guidance counselors,
special education teachers and classroom teachers) shall be sensitive to the
impact of scheduling mainstreamed students and shall look at the level and/or
degree of needs of the students when doing such scheduling. Attempts will be
made to balance the number of mainstreamed students when multiple
sections/classes are available for mainstreaming. Attempts will also be made to
coordinate the scheduling of classes in order to balance the use of adaptive
classes for mainstreamed special education students.
9.4 Full
Time Positions
Full and part-time positions will be
determined by building. Full and part-time position openings occur when all
forced transfers to prevent layoff have been made and no person on layoff is
certified for an open position. At that time, full and part-time positions
shall be considered open and shall be posted.
Whenever possible, the District
shall merge part-time assignments into full-time positions or expand part-time
assignments, if this can be accomplished without exceeding twenty-five (25)
minutes of travel time per day.
9.5 Staff
Openings
All
bargaining unit and administrative openings occurring during the school years
will be posted simultaneously by the Administration on the
A
list of known staff and administrative openings for the following school years
will be posted by the Administration on the
Information
pertaining to all staff and administrative openings occurring during the summer
recess will be available on the
Athletic
extra duty openings (Appendix D – Athletics) shall be posted on the District
website and through an all- bargaining unit member e-mail. Other extra duty openings (activities and
supervision) shall be posted on the building website and through an e-mail to
all bargaining members in the school where the opening occurs.
Applications
shall be given consideration on the basis of position requirements, academic
preparation, seniority, and lay offs.
All assignments will be made by the Administration.
9.6 Reassignment
Requests (within building)
Teachers each year may express in
writing by February 15, to their building principals, their preference of grade
assignments, subject areas, and extra curricular assignments. These requests
shall be given consideration as vacancies and new positions occur, on the basis
of position requirements, academic preparation, seniority, and lay offs.
Assignments will be made by the Administration.
9.7 Transfer
Requests (between buildings)
Teachers who desire to transfer to
another building may file a written statement of such desire with the Assistant
Superintendent,Human
Resources, no later than February 15. Such statement shall include the grade
and/or subject to which the teacher desires to be assigned and the school or
schools to which he/she desires to be transferred, in order of preference.
These requests shall be given consideration as vacancies and new positions
occur within the school district, on the basis of position requirements,
academic preparation, seniority, and lay-offs. All assignments will be made by
the Administration.
9.8 Part-Time
Employment (Voluntary Request)
Full-time teachers requesting less
than a full-time teaching contract must submit their request in writing to the
Superintendent of Schools or designee. Submission of all requests is encouraged
but not required, by February 1. If the request is granted, the teacher will be
returned to a full-time position, subject to the layoff provision in effect at
the time of return, at the completion of the part-time contract. A request for
an additional part-time contract may be submitted each year.
9.9 Job
Sharing
9.9.1 "Job
Sharing" is defined as a voluntary program to provide the opportunity to
teachers to request the sharing of a contract for a full school year.
9.9.2 Request
for Job Sharing
Requests for job sharing shall be
submitted to the Superintendent of Schools or designee, with a copy to the
Association. Submission of requests is encouraged, but not required, by
February 1. Teachers shall return to full-time status in the year following the
job sharing unless an application for renewal is approved. Renewals, for
additional years, must be received by the Administration by February 1 of each
year preceding the year of renewal.
Requests shall be submitted in
writing indicating the grade level, department and teaching arrangement
desired.
9.9.3 Approval
If the Board of Education approves
the request, the Superintendent of Schools or designee shall inform the
applicants, in writing, of the terms of the job sharing. Such notice shall
include a description of the job to be shared and the percent of time each
participant will work as well as the provisions controlling salary and
benefits. The notice shall also spell out any unique or unusual conditions such
as preparation time, grade reports or other responsibilities different from
normal.
9.9.4 Benefits
Teachers granted job sharing shall
be paid on a pro rata basis during the period of actual employment, shall be
guaranteed a return to a full-time District position subject to the lay-off
provision in effect at the time of the return, shall accrue seniority on a pro
rata basis, shall accrue paid leave on a pro rata basis, and shall receive
health, dental, life and LTD insurance benefits on a pro rata basis.
Contributions to the Wisconsin Retirement Fund shall be made on a pro rata
basis.
It is understood by the requesting
teachers that they will not be eligible for Unemployment Compensation during
the period of job sharing.
9.10 Resignations
A teacher desiring to terminate an
individual contract with the District shall submit a request for release as far
in advance of the requested date of termination as possible. Teachers who
request permission to resign without giving at least sixty (60) days notice
shall submit $100.00 penalty payment before their request for resignation will
be approved by the Board of Education. If sixty (60) days or more notice is
given, there will be no damages assessed. If a teacher leaves the District
without Board approval of his/her resignation, the teacher shall be assessed $200.00
liquidated damages.
9.11 Seniority
Seniority shall be defined as the
teacher's length of continuous service within the bargaining unit as determined
by the date of signing the teacher's initial contract in the most recent period
of uninterrupted service.
Seniority ties shall be broken by
lot at a meeting of those teachers tied which is witnessed by members of the
Administration and the E.E.A.
Part-time teachers shall accrue pro
rata seniority based upon the percent of a full- time position in which they
are employed in the bargaining unit, as indicated on their individual teaching
contracts.
Teachers who have left the
bargaining unit and returned prior to the effective date of this clause shall
not lose seniority because of this clause (1978-79).
Teachers who have been promoted to
supervisory positions for purposes of layoff and/or recall shall, upon return
to the bargaining unit, retain those years of service within the bargaining
unit held prior to promotion out of the bargaining unit.
The District shall forward to the
Association, by September 30th of each year, a seniority listing including all
regular full-time and regular part-time teachers and their relative rank in the
District.
9.12 Layoff
and Recall
9.12.1 Selection
When layoffs occur within the
9.12.2 Layoff
Timetable
Those teachers selected for layoff
by the seniority process shall be preliminarily notified prior to March 15.
Final layoff notices shall be given no later than May 30.
The Article defines the layoff
procedure to be followed in the
9.12.3 Transfer
Rights
A teacher in an affected area shall
have the right to be transferred into a different area within the District in
which the teacher is also certified. A teacher who must be transferred to a
minor area of certification in order to prevent layoff must, in order to teach
in that minor area of certification, either have taught in that area in the
last five (5) years or must have obtained at least six (6) credits in the last
five (5) years, in that area of certification. If neither of these conditions
exists, the teacher shall have one (1) year from the commencement of teaching
in that area to complete six (6) credits in the minor area.
9.12.4 Recall
Procedure
Teachers shall be reinstated in
inverse order of their being laid off. From May 30 through June 30 the District
shall continue to make involuntary transfers of existing staff, pursuant to
9.11 to attempt to recall the most senior person on the recall list. After June
30, no involuntary transfers shall be made and recall shall be extended to the
most senior person certified to fill the vacancy.
It shall be the responsibility of
the laid off teacher to keep the Administration informed at all times of
his/her current address and telephone number.
If a full-time vacancy occurs other than during the school years,
the Board will offer such position to presently employed certified full-time
and part-time teachers in order of seniority prior to hiring any new full-time
teachers.
The five (5) most senior teachers
subject to recall shall simultaneously be mailed a written recall notice
(certified mail, return receipt requested) from the District. The notice shall
indicate the order of recall of the employees on layoff. If the employee at the
top of the recall list refuses the recall, the next employee on the list shall
be recalled. This procedure shall be followed until an employee accepts the
recall or the list is depleted. All employees on the list must reply in writing
(certified mail, return receipt requested) to the District within ten (10)
calendar days after receipt of the notice, and indicate whether they either
accept or would accept the recall. Individual contracts shall be issued within
three (3) days after acceptance of the recall. The contracts must be returned
within three (3) days after receipt by the individual teacher being recalled.
When a less senior employee is
recalled from layoff after the start of the school year to a position offering
a greater percentage of employment than that offered a more senior employee, a
situation which would result in the less senior employee accumulating more
seniority than the more senior employee, the District shall have two options:
(1) increase the more senior employee's percentage and reduce the less senior
employee's percentage by switching positions, or (2) artificially increase the
more senior employee's seniority equal to that earned by the less senior
employee.
Teachers shall be dropped from the
list of recall candidates after three (3) years on such list unless they notify
the Administration (certified mail, return receipt requested), prior to
February 1 of the third and following years that:
a.)
they wish to remain on the
recall list; and
b.)
they have been engaged in an educational pursuit(s) during the period of layoff (teaching, substitute
teaching, teacher aide, continuing education).
Full time teachers who refuse a
recall offer for a full-time position shall immediately be dropped from the
list of recall candidates and forfeit all future rights to recall. Full-time
teachers who refuse a recall offer for a part-time position or who refuse a
day-to-day contract for a teacher on LTD in two separate school years shall be
dropped from the list of recall candidates and forfeit all rights to recall.
Teachers who are part- time and refuse a recall offer for either a full-time or
part-time position or a day-to-day contract for a teacher on LTD shall be
dropped from the list of recall candidates and forfeit all rights to recall.
However, no full-time or part-time employees shall be deemed to have refused
the recall until all other more senior, similarly certified candidates have
also refused the recall offer.
9.12.5 Rights
of Teachers on Layoff
The reinstatement of a teacher shall
not result in a loss of credit for previous years of service. No new or
substitute appointments may be made while there are laid off teachers available
who are certified to fill the vacancies in the District.
Teachers who are on layoff status
shall be given preference for substitute positions. Teachers on layoff may
continue coverage under the District's Group Health Insurance Plan for a period
of eighteen (18) months following the effective date of their layoff. Monthly
premiums for the insurance must be paid thirty (30) days in advance to the
1. The teacher establishes residence outside
of this state.
2. The teacher fails to make timely payment of
the required premium amount.
3. The teacher becomes eligible for other
group coverage from another employer.
No
teacher shall be prevented from securing other employment during the period of
layoff under this subsection.
9.13 Late Hires (9.13 Contracts)
The District may elect to deny
coverage under the layoff and recall procedures to new teachers who are hired
under individual contracts (9.13 Contracts) to fill vacancies which
occur during the two weeks prior to the start of school or during the school
year. The employment rights of these teachers shall terminate upon the
conclusion of the term of their individual employment agreements with the
District. However, if such an individual is subsequently re-hired (to either a
full time position or another 9.13 contract type situation) within three
semesters of the termination of the initial employment, that teacher shall be
issued a regular contract and shall receive seniority, paid leave and salary
schedule advancement for the term of the initial 9.13 contract.
Upon the approval of LTD benefits, a
day-to-day contract will be issued to recalled or newly hired teachers who
assume the duties of a teacher on LTD. Such contract shall extend from the
first day of benefit approval through the period of disability. Recalled
teachers shall accrue seniority, paid leave, and salary schedule advancement
from the first day of benefit approval through the period of disability.
9.14 Involuntary
Transfer
Reassignments or transfers shall be
made to facilitate the continued employment of a teacher who would otherwise be
subject to layoff, pursuant to section 9.12. In such transfers, the least
senior certified teacher shall be transferred first. Such transfers shall be
made only after a meeting with the Superintendent or his designee at which the
teacher shall be notified of the reason for the transfer.
Non-voluntary transfers for other
than the above reason may be made when it can be demonstrated that the quality
of instruction or the development, coordination and/or stability of specific
programs can be improved. Involuntary transfers shall not be made for
disciplinary purposes.
Involuntarily transferred teachers
shall be notified no later than the last school day immediately preceding the
school year in which the transfer is to be effective unless the conditions
which led to the transfer could not be anticipated.
9.15 Transfer
List
On or before September 15 of each
year, the Association may obtain, from the Assistant Superintendent, Human
Resources, the names of teachers who have been transferred to another building
and the positions to which they have been reassigned or transferred.
9.16 Evaluation
All teaching staff members will be
formally evaluated at least once every three years.
Staff new to the district will be on
probation and evaluated during each of their first three years. The District
may waive the third year evaluation and third year of probationary status. At
the completion of probation, new staff will be placed in the regular three year
cycle.
Building principals will make the
decision where to place teachers new to the building in the evaluation cycle.
Staff on probation will be evaluated
yearly.
These guidelines represent minimum
requirements for evaluation.
9.16.1 Evaluation
Reports
Teachers will receive two types of
evaluation reports: observation reports and final reports. After a formal
observation, conference and written report shall follow. Normally, such
conference shall take place within three (3) teaching days after the
observation. The written report will be provided within ten (10) teaching days
after the observation. The final report will be provided after the observation
reports. It is understood that both the evaluator and the individual teacher
shall affix their respective signatures to such report(s). The teacher shall
have a section provided on the form for writing comments after reading the
report. A teacher's Post-Observation Report and Final Report, when viewed by
anyone other than the Board of Education or its agents, shall be done upon said
teacher's request or consent only. In the event such material is needed for a
hearing or a court case judging that teacher's professional competency, the
teacher shall not have the right to refuse such a request.
Teachers will be shown any copy of
the Post-Observation Report and Final Report, prepared by an evaluator(s), and
will have the right to discuss such report(s) with their evaluator(s) before
the report(s) is placed in the teacher's personnel file. (See APPENDIX G-1 AND
G-2)
9.16.2 Discipline
- Written Notification
The term "Association
representative" shall mean any building representative or other E.E.A.
member designated by the E.E.A. President, the TriWauk Director, WEAC-NEA
staff, and/or legal counsel.
Alleged breaches in discipline shall
be promptly reported to the offending teacher.
The Administration shall notify a
teacher, in writing, of any alleged delinquencies that could affect the
teacher's employment in the district.
In any discussions resulting from
such written notifications, the teacher shall be entitled to Association
representation.
The Association shall notify the
Administration twenty-four (24) hours in advance when representatives other
than E.E.A. members will be present. This time limit may be waived by mutual
consent.
9.17 Teacher
Files
No material adverse to a teacher's
conduct, service, character, personality or material relating to his/her
professional status shall be placed in the teacher's file unless the teacher
has had an opportunity to read the material. The teacher shall acknowledge that
he/she has had the opportunity to review such materials by affixing his/her
signature on the copy to be filed with the express understanding that such
signature does not necessarily indicate agreement with the contents thereof.
The teacher shall have the right to submit a written answer to such material
and attach it to the file copy.
The District will protect the
confidentiality of personal references, academic credentials and other similar
documents received prior to the teacher's initial employment. Upon a teacher's
request, the teacher shall be given access to all material placed in said
teacher's file since employment began in the Elmbrook School System, except
personal references and credentials received from training institutions of
higher learning. The material may not be taken from the office of the school.
There shall be no separate personal file which is not available for the
teacher's inspection.
9.17.1 Notice
to Association
A copy of any notice given a teacher
regarding suspension, dismissal, non-renewal, or discipline in a manner
resulting in financial loss, shall be forwarded to the Association. Such
notification may be withheld from the Association only at the expressed written
request of the teacher involved. Such request will become a part of the
teacher's file.
10.0 ASSIGNMENTS/SCHEDULES
10.1 School
Year
The calendars for the school years
are herein included. (APPENDIX B-1-B-4). Any school
days or partial days cancelled by the Administration because of closing school
for inclement weather, mechanical failure, epidemic, or for any other similar
situation beyond the control of the School Board, may be subject to
rescheduling, without additional pay, prior to or at the end of the school
year, in accordance with the Wisconsin Statutes, Sec. 115.01 (10)(b).
When the Board determines that such
days or partial days shall be made up, representatives of the parties shall
meet and attempt to agree on the date(s) for such make up. If no agreement can
be reached, the Board shall schedule the days on weekdays at the end of the
school year.
10.2 Work
Day
The teacher work day (K-12) shall be
7 hours and 30 minutes.
10.3 Open
Houses/Parent Information Night (PIN)
Open Houses at the secondary schools
and Parent Information Night (PIN) at the elementary level are activities which
require all teachers to be in their school after regular school hours for
presentations to the public.
Secondary Open Houses shall be held
on an Early Release Day unless otherwise agreed to at the building level.
Secondary teachers shall be released on a Teacher Day in even numbered years or
on a District Day in odd numbered years as compensation for Open House.
Elementary PIN shall be held on an
Early Release Day unless otherwise agreed to at the building level. Elementary
teachers shall be released on a sixty-minute (60) District Day.
Special arrangements shall be made
to provide early dismissal for a traveling teacher who is scheduled at another
building but would not normally require early dismissal on that day. Such
special arrangements shall be provided upon reasonable notification to the
principal of the need for early dismissal.
Open House at elementary schools is
an opportunity for students and parents to visit the school and individual
classrooms. Teachers are not required to be in attendance or make formal
presentations at Open House. Elementary teachers who participate in Open House
shall be compensated with one ninety-minute (90) Early Release District Day to
be determined by the staff and administration in each building no later than June
1 of the preceding year.
10.4 10.4
Elementary Teacher Preparation Time
Elementary teachers will be provided
time for planning before and/or after school and during the school day. Each teacher will receive an average of 240
minutes per week during the school day through their student’s participation in
“specials” instruction. This provision
automatically terminates
10.5 Middle School and High School Assignments
Teachers at the middle school and
high school levels shall be assigned five (5) assignments, which shall include
all classes or a combination of classes, supervision, advisory, curricular or
staff development responsibilities, and shall have two (2) preparation periods
per day. However, teachers may mutually agree with their building principal to
be assigned the yearly equivalent of two (2) preparation periods per day.
Employees teaching less than a full load shall receive a preparation period
when they teach 2-1/2 instructional periods. When teaching two (2) periods in
one (1) semester and three (3) in another, a preparation period shall be
provided in each semester. This is based on a seven (7) full period day.
Teachers would not be assigned to any regularly scheduled assignments during
these two (2) preparation periods, but are to be available to assist and give
special help to students when needed.
Two (2) short periods (26 to 30
minutes) will be classified as one (1) full period (present Master Agreement),
such as 7th grade foreign language, 7th grade reading, short study periods and
all lunch periods. No teacher would be assigned two (2) different short lunch
periods, except by mutual agreement between the teacher and principal, but
could receive one (1) short lunch period and one (1) other short period.
10.6 Sixth
Assignments/Student Supervisors
In February, the District shall post
a notice soliciting volunteers for paid sixth assignments for the following
school year. Sixth assignments may include classes, supervision, advisory,
curricular or staff development responsibilities. The District will advise the
volunteers in May if they are to receive a sixth assignment.
If the February posting fails to
generate sufficient volunteers, a representative of the District shall
personally solicit volunteers for "Special Projects" and for
assignments where special circumstances make it impossible to arrange a
particular teacher's schedule to allow participation in a specific staff
development or curricular project without exceeding the five (5) assignment
limit. When there are insufficient volunteers for such projects or assignments,
the District may assign the work for one (1) semester as a sixth assignment at
the sixth assignment pay. No more than two (2) such assignments may be made
during any three (3) school year period. If two (2) assignments are made, they
shall be for consecutive semesters.
The District may employ student
supervisors (aides) for supervisory responsibilities. During the term of this
contract, no student supervisors will be used in a classroom in place of a teacher
to monitor the student instructional program.
The District shall have the option
to offer sixth assignments or assign student supervisors to supervisory
assignments pursuant to the following conditions:
1.
Teachers who are initially employed as part-time teachers.
a. The District shall compute
the percentage of the initial contract based on classroom and supervisory
assignments.
b. The District shall not be
required to add supervisory assignments to part-time teachers but may exercise the option.
2.
Subsequent contracts for teachers who were initially employed as
part-time teachers.
a. The District shall continue
to compute the percentage of the contract based on classroom and supervisory
assignments.
b. The District shall add
academic sections to part-time positions in order to make full-time positions
whenever possible.
c. The District shall not be
required to add supervisory assignments to these part-time teachers, but may
exercise the option.
3.
For teachers who were initially employed as full-time teachers, and
those initially employed as part-time teachers but whose assignment has
subsequently been made full-time, and who are being considered for at least 80%
part-time positions, the District shall be required to add supervisory
positions to achieve full-time status before assigning any sixth assignments
under the provisions of 10.6 paragraphs 1 and 2.
10.7 Bus
Supervision
It shall be the responsibility of
the building principal in cooperation with the teaching staff to initiate and
establish a safe bus loading procedure to insure the safety and welfare of all
students in their charge.
The only extra pay assignment
involved in the aforementioned responsibility will be that of the teachers
designated as bus supervisors. They will be responsible, in cooperation with
the principals, to coordinate all bus loading and orderly student dismissal
procedures.
It is understood that all staff
members share in the responsibilities of the orderly dismissal as part of their
regular prescribed hours of employment. This participation shall be without
extra pay.
Where
necessary, an elementary school or middle school may provide one paid bus
supervisor for each bus loading station. The paid bus supervisor(s) at each
school shall be assisted by all other teachers at the school, on a rotating
basis, in supervising at the bus loading station(s).
Said supervisor shall designate a
substitute to take his/her place and assume such duties when the supervisor is
absent or otherwise unable to perform these duties.
In the event no person will assume
the paid supervisor's duty, the principal shall rotate such duty among the
staff.
The above program applies only to
the elementary and middle schools. Only the paid supervisor(s) shall be
responsible for morning bus supervision. The bus supervisor(s) are not required
to supervise in the morning, once the principal of the school deems that the
program is running smoothly. (See APPENDIX D)
10.8 Early Release Days
The District shall implement an
early release program (K-12) commencing with the 1991-92 school year. The
program shall include one hour (60 minutes) per week of early release for
students on a total of 35 days per year. The specific day to be designated each
week may vary and shall be designated by the District.
The District may designate which
Thursdays (or other day per week) will be District controlled and which days
will be teacher controlled. The District will strive to alternate the District
and teacher controlled days but in no case shall more than three (3) of the
weekly early release days controlled by either party be scheduled
consecutively.
Twelve (12) minutes of contact time
will be added to the student school day to accommodate for the 60 minutes of
early release.
Except on Thursdays (or other day
per week) when the District shall determine the hours of the teacher and
student day, the structure of the teacher day shall be determined at the
individual building level. At the Middle School, the administration shall
involve teachers in the scheduling of Early Release Days and strive to ensure
that one Early Release day per month (T Day or D Day) shall be dedicated to
house business (activities involving teachers only, not students).
10.8.1 Elementary
Level
D-Days provide time for building and
District activities (planning, inservice, or faculty
meetings.) Teachers are encouraged to provide input in the utilization of D-Day
time. There shall be 26 D-Days. Eighteen D-Days shall be 8 hours and 8 D-Days
shall be 7 hours and 30 minutes. At least once per month, a minimum of 40
minutes will be provided during the D-Days to conduct grade level
business/planning/meetings.
There shall be 9 T-Days. Teachers
shall work a 7 hour and 30 minute day. The time after the students leave shall
be for teacher preparation.
Should the provisions of the
1999-2001 Side Letter of Agreement regarding elementary preparation time
change, the Master Agreement language regarding early release/meetings shall
revert back to the 1997-99 status (10.7, 10.8, 10.8.1, 10.8.2, 10.8.3).
10.8.2 Secondary
Level (Middle and High School)
On 18 Thursdays (or other day per
week), the District may schedule meeting, inservices,
etc., for a block of 90 minutes. The work day on these days shall be eight (8)
hours.
On 17 Thursdays (or other day per
week), the teachers shall work a 7 hour 30 minute day. The monthly staff
meetings and monthly department meetings will be held during this time.
10.9 Meetings
Scheduling of faculty meetings,
department meetings, grade level meetings or other required meetings shall be
as follows:
10.9.1 Elementary
Level
The preparation block is that time
before and after school when students are not present. The preparation block
(a.m. or p.m.) is designed for teacher preparation time. Faculty meetings may
be scheduled during the preparation block (a.m. or p.m.) no more than five (5)
times per year, no more than once per month and shall not exceed 45 minutes.
Individual teachers may decide to
meet during teacher preparation time for communication, planning and
collaborative decision making on an as-needed basis.
10.9.2 Secondary Level (Middle and
High School)
Monthly faculty meetings and monthly
department meetings shall be scheduled during the released time portion of the
teacher directed Thursdays (or other day per week). Faculty meetings,
department meetings or other required meetings for curriculum, in-service or
educational practices may be scheduled during the released time portion of the
District directed Thursdays (or other day per week).
10.9.3 K-12
Faculty meetings (entire staff or
smaller) may be scheduled before or after the student day for emergency
purposes.
10.10 Special
Teachers
Attendance by the regular classroom
teacher at special classes, (physical education, art, music and library),
conducted by a specialist at the elementary level normally shall not be
required. In special cases, where the educational program dictates a need for
same, the building principal may require the classroom teacher to be in
attendance.
In order to satisfy the additional
requirement for physical education at the elementary level, the elementary
classroom teachers shall assume the responsibility for implementing the lesson
plans created by the specialist.
10.11 Substitutes
10.11.1 Substitution
- School Related
When a teacher is absent from
his/her class because of other school obligations, the teaching staff member
who substitutes for that teacher will be remunerated pursuant to 5.4.
10.11.2 Substitution
- Illness or Emergency
When a teacher is ill for all or
part of a day, or is absent for some other personal emergency during the course
of the school day, and it is necessary to utilize a substitute from the
teaching staff, the teacher substituting will receive remuneration pursuant to 5.4.
10.11.3 Substitution
- Special Circumstances
Unique absences or tardy situations
may arise which are not covered in the School Related or Illness or
Emergency sections above, and which are not clearly the responsibility or
fault of either the teacher or the District; teachers may, upon approval of the
building principal, arrange for other staff members to substitute for them. No
remuneration will be made in such cases.
10.12 Traveling
Teachers
In those instances which require
teachers to travel between buildings, the District shall strive to increase the
amount of time available for travel or preparation for classes at the second
building.
Teachers assigned travel time during
the school day shall be credited with twenty- five (25) minutes of contact time
or be paid one-half the 6th period assignment rate in 5.2.1.
10.13 Conferences
10.13.1 Parent/Teacher
Conferences - Requested
Teachers shall participate in
conferences requested by parents. In addition, teachers shall exercise
professional judgment in initiating conferences with the parents of children
who would benefit by them. Such conferences will be scheduled by the teacher at
a mutually agreeable time.
10.13.2 Parent/Teacher
Conferences - Scheduled
Parent/Teacher conferences will be
scheduled during the first and second semesters at all schools (K-12).
Conferences may be held during the morning, afternoon or evening on a schedule
established by mutual agreement between the teachers and the administration on
a building by building basis. If agreement cannot be reached prior to the start
of the school year, the schedule utilized during the previous school year shall
be followed. Compensatory time off shall be provided for all scheduled parent
conference time occurring outside the work day.
10.13.3 Special
Education Conferences
All Special Education teachers shall
have the same number of conference days as elementary teachers. The schedule of
such Special Education conferences shall be arranged by mutual consent of the building
principal and the building's Special Education faculty, when the particular
building has no scheduled conference days. Secondary Special Education teachers
shall have substitute teachers provided when special education students are in
school attendance during conference time.
10.14 Lunch
- Duty Free
The school district shall grant, to
elementary teachers, a daily duty free lunch period. Such period shall not be
less than forty (40) minutes, except during inclement weather days, when they
shall be expected to share duties. On inclement weather days teachers will be
granted at least thirty (30) minutes duty free, uninterrupted lunch periods. On
such days, during the remaining ten (10) minutes, teachers shall have their
lunch period rotated, so that they may assist with the indoor supervision.
Duty free lunch periods shall be
provided at or near the time of the regular lunch period.
Kindergarten through sixth grade
teachers who choose to be lunch room or playground supervisors in lieu of
thirty (30) of their forty (40) minute lunch periods will receive compensation.
(See APPENDIX D)
10.15 School
Openings/Closings or Staff Movements
If the Board determines, during the
term of the agreement, to close or open a building(s), or move a grade level to
a different building, representatives of the Administration, the Association
and staff at the building affected will meet to develop a mutually agreeable
plan for packing and implementing the necessary moves.
If a decision is made to alter
attendance centers so as to effect teacher assignments, all teachers will be
notified by April 15th or within 15 days following the date of the decision (if
the date is after April 15). The notice will include an opportunity for
teachers to express their preference for transfer or reassignment. The
Association will be provided with a list of requests for transfer and a list of
assignments for the subsequent school year.
Request will be given consideration
in accordance with 9.7 and assignment will be made by the Administration.
For two years following the restructuring, a list of teachers whose requests
were not honored will be maintained and they will be considered first as
vacancies and new positions occur.
10.16 Summer
School (See 5.8)
Teachers under contract to the District,
pursuant to Section 118.22, Wisconsin Statutes, for the ensuing year will be
preferred on the basis of experience, academic preparation and position
requirements.
Because of the large number of
applicants and in deference to equal employment opportunity, the Board shall
consider rotating summer school teaching positions annually.
Guidance personnel will be employed
from
10.17 Summer
Project Work (See 5.9)
Any teacher may propose and submit
to his or her principal for approval or disapproval, a prospectus on a proposed
research and/or planning project for summer work. Regardless of approval or
disapproval by the principal, the prospectus will be forwarded to the office of
the Superintendent. The Superintendent will approve or disapprove the
prospectus and, with a recommendation, submit same to the Board. Such
prospectus shall include all salient features of the project, including but not
limited to a description of the work to be accomplished, personnel required,
estimated time for completion and cost. All such projects shall be subject to
prior approval of the Board before implementation. The proposing teacher shall,
if requested, meet with the Board to review the prospectus. Applications must
be submitted by January 15, and the applicant will be notified of the decision
by April 1. When the project is completed, a summary of the work completed
shall be presented to the building principal and copies sent to the office of
the Superintendent. Once the project has been applied in the school situation,
the building principal may request the proposing teacher to submit a written
evaluation of its success.
The project should result in a
product that will serve usefully to the proposing teacher when used in the
teacher's classes, at the teacher's grade level, or within the total school
situation. When applicable, the results of this project will be made available
to other teachers and schools in the Elmbrook district. Results of the project
may be published and/or utilized by the teacher upon approval of the Board.
11.0 STAFF
DEVELOPMENT ACTIVITIES
Acknowledgement is made of the need
for professional growth and the consistent need for all teachers to continue
their formal studies and other related professional activities toward an
improved and up-to-date quality instruction. It is also recognized that
professionalism is an individual decision for teachers and, therefore, there is
no credit requirement within any specific time period. No payment of any kind
shall be made for credits earned, except as provided on the salary schedule.
11.1 Inservice Education and Staff Development Committee
The parties agree to establish an Inservice Education and Staff Development Committee
composed of a representative appointed by the Association from each school and
no more than an equal number of representatives appointed by the Superintendent
of Schools. The Committee shall assume the responsibility for the planning and
conducting of the in- service education and staff development programs for the
professional teaching staff, subject to the direction and control of the
Superintendent of Schools.
11.2 Convention
or Conference Attendance
Teachers are encouraged to attend
conventions, conferences and workshops in their special fields at no loss in
pay. Teachers should attempt to anticipate the convention, conference, or
workshop for the forthcoming year by requesting such attendance at the time of
budget formulation. It is the responsibility of each building principal to
provide budget requests and inform teachers of approved allocations for all
conferences, conventions and workshops.
Where District funds have been
expended for attendance at conventions, conferences or workshops, a written
and/or verbal report of same shall be submitted to the principal of the school.
11.3 Inservice Days Scheduled 3 Days Prior to School
The Board may, at its discretion,
schedule up to three (3) additional in- service/staff development days for each
teacher during any year. All teachers will not necessarily be mandated to
attend the same number of in-service/staff development days. The number of days
scheduled and mandated will depend on the District's ability to schedule appropriate
in-service/staff development days.
Teachers shall be required to attend
in-service/staff development days scheduled during the three (3) week days
immediately prior to the start of the school year. Teachers will be notified no
later than May 30 of which of the three (3) week days immediately prior to the
start of the school year they will be required to attend. They will be
compensated at their individual daily rate for the succeeding school year for
attendance on those days.
11.4 Inservice Days Scheduled Prior to the 3 Days Preceding the
School Year
In-service/Staff development days
may be scheduled at other times during the summer. Attendance will be voluntary
and teachers will be compensated at the CEU rate for the preceding school year
for attendance on these days. When the in-service addresses compliance with
federal, state or local requirements for all members of a department, the
in-service shall be considered mandatory and shall be scheduled and compensated
pursuant to 11.3 - IN-SERVICE DAYS SCHEDULED 3 DAYS PRIOR TO SCHOOL.
11.5 Inservice - New Teachers (See 5.10.1)
Teachers new to the District may be
required to attend up to four (4) inservice/staff
development days immediately prior to the three (3) inservice/staff
development days scheduled prior to the start of the school year. A
representative of the Association will be included on the inservice/staff
development agenda.
11.6
The district shall administer a
mentor program for teachers new to the field of education and new to the
district. The primary goal of the mentor program is to provide support and
assistance to teachers.
The mentor is responsible for:
• Assisting new teachers in learning
about the community, building and District.
•
Serving as a resource in the areas of discipline, classroom management,
curriculum, and lesson planning and areas of school policy.
•
Serving as a resource on how to organize instruction to meet state and District
expectations.
•
Serving as a resource on how to assess student learning and how to use the
assessment to guide instruction.
•
Assisting in the development of ways to work cooperatively with parents and
other teachers to help students achieve.
11.6.1 Assignment Of Mentors
Building Principals, upon
consultation with grade level leaders and/or Department Chairs, will recommend
teachers who have volunteered to be mentors to the Assistant Superintendent for
Human Resources. Similar grade level and/or content area assignment will be
strongly considered in the selection of mentors.
11.6.2 Compensation For
Mentors
The
teacher extra pay schedule (Appendix D) lists compensation for serving as a
mentor. Hours are allotted for training
and serving as a mentor. Teachers
serving as a mentor for the first time are required to participate in mentor
training activities (APPENDIX D).
11.7 Continuing Education Units (CEU's)
The CEU program developed by a joint
committee representing the Board and Association and entitled Elmbrook Staff
Development Program will be implemented in accordance with the procedures
established by the committee.
11.8 Academies
(voluntary)
The Elmbrook Staff Development
Program may offer short courses or “academies” for the purpose of providing
in-depth learning in a particular content area or skill related to the
curriculum and/or instructional strategies. Participants will receive the
equivalent of one credit for movement on the salary schedule upon satisfactory
completion of the course. Participants must complete the curriculum to earn
equivalency credit(s) (15 hours for each credit) and will be expected to pay a
fee to cover costs of the academy.
11.9 Visitation Days
As a means of improving their
professional abilities, teachers may be granted two (2) visiting days per year
for observing in other schools. These days shall not be deducted from paid
leave. Such visiting days shall be confirmed by the building principal, subject
to the approval of the Superintendent.
Requests for a visiting day must be
submitted by the teacher at least one (1) week prior to the anticipated
visitation.
11.10 Early
Release Time (See 10.8)
12.0 ELMBROOK EDUCATION ASSOCIATION RIGHTS AND
RESPONSIBILITIES
12.1 Deduction
for Dues
Upon written notice from the
teacher, the Business Office will deduct from the teacher's salary labor
organization dues as determined by the E.E.A. This will be accomplished through
ten (10) equal dues deductions, beginning with the last paycheck in September
and ending with the last paycheck in June. The Business Office will issue a monthly
check to the treasurer of the E.E.A. for monthly dues deducted. In the event an
error in check-off dues is made by the Business Office, whereby an amount
exceeding that of the dues deduction is made from the check of a teacher, the
E.E.A. will pay to the teacher directly the amount erroneously deducted.
12.2 Fair
Share
The Association, as the exclusive
representative of all the employees in the bargaining unit, will represent all
such employees, Association and non-Association, fairly and equally, and all
employees in the unit will be required to pay, as provided in this article,
their fair share of the costs of representation by the Association. No employee
shall be required to join the Association, but membership in the Association
shall be made available to all employees who apply consistent with the
Association constitution and by- laws. No employee shall be denied Association
membership because of race, creed, color, sex, handicap or age.
The employer agrees that effective
the last paycheck in September or thirty (30) days after the date of initial
employment, if after the opening of school, it will deduct from the paychecks
of all employees in the collective bargaining unit who are not members of the
Association subject to Section 12.1, or whose membership dues have not
been paid to the Association in some other manner, the amount certified by the
Association to be the cost of representation. Such amounts shall be paid to the
treasurer in the same manner and at the same time as those dues voluntarily
deducted in 12.1 above. The Association agrees to certify only such
costs as are allowed by law and to inform the employer of any change in the
certified costs of representation of non-Association employees required by law.
Changes in the amount of dues to be
deducted shall be certified by the Association ten (10) days before the
effective date of the change.
The employer will provide the
Association with a list of employees from whom deductions are made with each
monthly remittance to the Association.
12.3 Save
Harmless Clause
The E.E.A. does hereby indemnify and
shall save the District harmless against any and all claims, demands, suits, or
other forms of liability, including court costs, that shall arise out of or by
reason of action taken or not taken by the District, which District action or
non-action is in compliance with the provisions of this Article, and in
reliance on any lists or certificates which have been furnished to the District
pursuant to this Article; provided that the defense of any such claims,
demands, suits or other forms of liability shall be under the control of the
Association and its attorneys. However, nothing in this section shall be
interpreted to preclude the District from participating in any legal
proceedings challenging the application or interpretation of this Article
through representatives of its own choosing and at its own expense.
12.4 Internal
Rebate Procedure
The E.E.A. shall provide employees
who are not members of the Association with an internal mechanism within the
Association which allows those employees to challenge the fair share amount
certified by the Association as the cost of representation and receive, where
appropriate, a rebate of any monies determined to have been improperly
collected by the E.E.A. pursuant to this section.
12.5 Communications
- Distribution Within< School Buildings
E.E.A. members shall be allowed to
distribute official E.A.A. communications in teacher mailboxes and to post
official E.E.A. communications on faculty room bulletin boards.
The building principal/designee
shall be notified at the time of posting or distribution, of the identity of
such person(s) who distributes or posts material in the buildings as described
above.
12.6 Use
of
The E.E.A. shall be allowed the use
of District buildings and facilities for a maximum of five (5) general meetings
each school year at no charge, with these stipulations:
1.
Prior to notification indicating specific needs and arrangements for
use of same must be made with the building principal.
2. An approved application and
agreement form outlining the applicable rules, regulations and responsibilities
must be signed for each meeting.
3.
The applicant shall be liable for any damage done to property, and for
any and all expense incurred in consequence of any such damage during the use
of the school building.
4. A regular member of the custodial
staff or a designated school employee shall be on duty at all functions where
permission is granted for the use of any building or facility.
Small committee meetings may also be
held after school hours at no charge, providing prior notification is given to
the building principal. The signing of a building agreement form is not
necessary for such use.
Association
officers may use an e-mail account specifically designated by the District for
communications concerning official association business subject to the use and
protection provisions in Board Policy #4511. The Association officers shall
include members of the Executive Board, Strategy Committee, Negotiating Team
and Building Representatives. The names
of the Association officers shall be provided to the Assistant Superintendent,
Human Resources by September 15 of each year. The e-mail account shall not
allow for return e-mails.
12.7 Association
Business on School Property
Association representatives shall be
permitted to transact Association business at all reasonable times, provided
that this shall not disrupt normal operations. No formal meetings shall be held
in the buildings during regular school hours. Such formal meetings are to be
held during school hours as described in 12.6. Representatives of the
Association, other than the E.E.A. members, shall obtain permission from the building
principal when entering the school to conduct business of any kind with
individual staff members in the building during regular school hours.
13.0
GRIEVANCE/JUST CAUSE
13.1 The term "Association
representative" shall mean any building representative or other E.E.A.
member designated by the E.E.A. President, the TriWauk Director, WEAC-NEA staff
and/or legal counsel.
The Board shall deal with all
teachers through the following channels of communication with respect to
interpretation, meaning or application of any of the provisions of this
agreement. The term "days", when used in this article, shall mean
days when school is in session.
The Association shall notify the
administration twenty-four (24) hours in advance of the first grievance step
when representatives other than E.E.A. members will be present. This time limit
may be waived by mutual consent. No advance notification shall be necessary
when grievances are processed to the Superintendent's level or beyond.
A. Before
a grievance is filed, the grievant and the Building representatives, if the
grievant desires to have them participate, shall meet with the building
principal to establish the facts of the case. This should take place within ten
(10) days after the grievant knows, or should have known, the occurrence giving
rise to the grievance. Each shall present his/her interpretation of the
contract provision(s) in question and discuss the differences. If such
differences cannot be resolved, then the grievant may proceed with Step B.
B. If
the problem is not resolved within five (5) days, to the satisfaction of the
grievant, after the principal's response, the grievant shall reduce the
grievance to writing, identifying the specific concern as it applies to this
agreement. Copies shall be forwarded to the principal, Superintendent or the
Assistant Superintendent, Human Resources and the E.E.A. building
representative.
C. Within
five (5) days of receipt, the Superintendent or Assistant Superintendent, Human
Resources, the principal and the grievant, and the E.E.A.'s
representative shall meet to attempt to resolve the issue. Each side shall
present its interpretation of the contract provision(s) in question and discuss
the differences. The Superintendent or his assistant shall give his answer in
writing within five (5) days of this meeting.
D. If
the Superintendent's answer is not satisfactory, the grievant may, within
fifteen (15) days, submit the matter in writing to the Board of Education for
its information.
E. If
a satisfactory settlement is not reached in Step C, the association may within
ten (10) days notify the Superintendent or the Assistant Superintendent, Human
Resources in writing that it intends to process the grievance to arbitration.
F. Within
ten (10) days after receipt of written request for arbitration, the
Superintendent or Assistant Superintendent, Human Resources and the Association
shall attempt to mutually select an arbitrator. If agreement on the selection
of an arbitrator cannot be reached within such time, the request for
arbitration shall be forwarded to the Wisconsin Employment Relations Commission
for a list of five (5) names of arbitrators. The parties shall alternately
strike names from this list until a sole arbitrator remains, and this person
shall be the arbitrator. The Association shall make the initial strike.
G. The
arbitrator shall be limited to determining the meaning and application of this
agreement and shall not have authority to modify, change or add to any of the
terms of this agreement. The decision of the arbitrator, when within the scope
of this authority under this Agreement, shall be final and binding upon the
parties.
H. The
expenses of arbitration shall be shared equally by the parties, but each party shall
bear its own expenses of preparation and presentation of its case to the
arbitrator. If a transcript is prepared by a reporter, the parties shall share
the costs equally.
I. Unless
the specified time limits are extended by mutual consent, any grievance not
processed within such limits shall be considered resolved in favor of the last
party complying with said limits. Failure to file a grievance in a similar
situation shall not be considered a bar to a grievance filed upon subsequent
recurrence of such conduct or situation.
J. The
grievant may at all levels of communication request and be granted the
assistance of other teachers in the solution of the problem.
K. Nothing
contained herein shall limit the right of any teacher from adjusting grievances
(through Step C) without the intervention of the E.E.A., provided the
adjustment is not inconsistent with the terms of the agreement, and the E.E.A.
has had an opportunity to be present at any proceeding at the level of the
Superintendent or the Assistant Superintendent, Human Resources.
L. If
a grievance affects all teachers or a group of teachers representing more than
one building, the grievance may be submitted in writing at the level of the
Superintendent.
M. Grievants and the parties shall use the grievance and
answer forms agreed to herein and incorporated by reference as a part of this
Agreement.
13.2 Just
Cause
No teacher shall be disciplined in a
manner resulting in financial loss, discharged, suspended, or non-renewed after
three years of continuous employment by the District, without just cause,
except for the purpose of reduction in staff (lay-off). The District may waive
the third year evaluation and third year probationary status (9.16 paragraph 2).
Grievances in such cases shall be
commenced at Step C and must be filed in writing with the Superintendent within
five (5) days of the imposition of the disciplinary discharge or suspension.
In the case of non-renewal, notice
will be given and hearings or conferences will be held as may be required by
law.
After the grievance procedure has
been exhausted, both the teacher and the District may exercise all rights and
defenses available at law.
13.3 Notice to Association
A copy of any notice given a teacher
regarding suspension, dismissal, non-renewal, or discipline in a manner
resulting in financial loss shall be forwarded to the Association. Such
notification may be withheld from the Association only at the expressed written
request of the teacher involved. Such request will become a part of the
teacher's file.
14.0
MISCELLANEOUS
14.1 Policy
Manual
A copy of the Board's Policy Manual,
including the appendices, will be kept in the office of the principal, and a
second copy will be maintained in the Professional Library at each school.
14.2 Maintenance
Activities
The District desires to eliminate
the performance of maintenance activities during school hours such as roof
tarring, lawn mowing outside of classroom windows and painting of classrooms.
However, when such work must be performed during school hours, the building
principal will provide advance notice to the staff and attempt to make
reasonable accommodations to alleviate any inconvenience or disruption.
The building principal will also
notify the staff in any building where a potential health hazard has been
identified and will inform the staff of the steps being taken to rectify the
hazard, including the movement of staff and students when appropriate.
14.3 School
Centered Decision-Making
The parties have agreed to follow
the site based decision making concepts embodied in the side letter of
agreement entered into during the 1990 negotiations.
15.0 PROVISIONS
CONTRARY TO LAW
15.1 Savings
Clause
If any part or section of this
Agreement, or any addendum thereto, shall be held invalid by operation of law
or by any tribunal of competent jurisdiction, or if compliance with or
enforcement of any part or section should be restrained by such tribunal, the
remainder of this Agreement and the addenda shall not be affected thereby, and
the parties shall enter into immediate collective bargaining negotiations for
the purpose of arriving at a mutually satisfactory replacement for such part or
section.
16.0 DURATION
OF AGREEMENT
This
Agreement shall be binding and in full force and effect commencing on
This
Agreement is made and entered into at
ELMBROOK
EDUCATION ASSOCIATION BOARD OF
EDUCATION
_____________________________________ _____________________________________
Co-President President
_____________________________________ _____________________________________
Co-President President
_____________________________________ _____________________________________
Chief
Negotiator Clerk