2018-2019 NEGOTIATED AGREEMENT

This Agreement made and entered into by and between Auburn-Washburn Unified School District No. 437, hereinafter referred to as the "Board" and Auburn-Washburn N.E.A., hereinafter referred to as the "Association".

This Agreement has been ratified by the Board on the 20th day of August, 2018.

AUBURN-WASHBURN USD NO. 437

_________________________________ President, Board of Education

Attest:

________________________ Clerk, Board of Education

This Agreement has been ratified by a majority of the employees of the District on the 7th day of August, 2018.

AUBURN-WASHBURN N.E.A.

_________________________________ Association, Co-President

_________________________________ Association, Co-President

Attest:

_____________________ Association, Secretary

TABLE OF CONTENTS Article Description Page No.

I Definition of Terms 1-2

II Recognition 3

III Negotiations Procedures 3

IV Management Rights 4

V Employment Policies 4

VI Notices 5

VII Inservice 5

VIII Board Meeting Agenda 5

IX Leaves (Sick, Personal, Legal, Professional, Sabbatical, Leave of Absence, Other) 6-9

X Borrowed Sick Leave 10-12

XI Family Medical and Extended Illness Leave 13-14

XII Conference Attendance 15

XIII Duty Year 16

XIV Holidays, Duty-Free Time and Professional Days 17

XV Employees’ Salaries; Salary Schedule; Supplemental Pay Schedule 18-27

XVI Compensation for Extra Duty Assignments 28-32

XVII Staff Transporting Students 33

XVIII Overload Teaching 33

XIX Employee Benefits Program 34-35

XX Committee Compensation (Curriculum, Assessment, Evaluation) 35

XXI Retirement (Qualification, Options) 36-38 (Page 39 is intentionally left out)

XXII Payroll 40

TABLE OF CONTENTS – Continued

Article Description Page No. XXIII Activity Tickets for Employees 40 XXIV Employees’ Rights (Reprimands; Supervisor’s Conduct) 41-43 XXV Transfers 44 XXVI Job Sharing 45-46 XXVII Reduction in Force 47-48 XXVIII Job Connected Injury/Assault 49 XXIX Personal Property Loss 50 XXX Maintaining Discipline 51 XXXI Student Discipline 51 XXXII Third Party Complaints and Employee Files 52 XXXIII Procedures for Adjusting Grievances 53-54 XXXIV Probationary Procedure for Non-Probationary Employees 55 XXXV Teacher Evaluation Procedures 56-68 XXXVI Equal Opportunity Employment and Non-Discrimination 69-70 XXXVIII Memorandum of Agreement – Flexible Teacher’s Work Day 71 IX Memorandum of Agreement – Sick Leave 72 XIV Memorandum of Agreement – Professional Day 73-74

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ARTICLE I DEFINITION OF TERMS

A. "Employee". As used in this contract, the term, "Employee" shall mean any person

employed by the District in a position which requires a Teacher certification or license issued by the State Board of Education, except classified employees, temporary employees, superintendent, central office administrators, principals and assistant principals. Occupational Therapists, Physical Therapists, Speech and Language Pathologists, and Social Workers shall be included in the Bargaining Unit even though they are not licensed through the State Board of Education.

B. The term "Administrator" shall mean the Superintendent of the District, or a duly

designated representative. C. F.T.E. shall mean Full-Time Equivalent. D. "Immediate Family" shall be defined as spouse, child, parent, sibling, in-law of an employee,

grandparent, grandchild, legal guardian and legal ward. E. "Probation" shall be defined as a trial period in which an employee is expected to correct a

serious deficiency in performance or conduct as relates to duties under the teaching contract. A probation period is defined as the filing of a Directed Professional Development Plan as noted in the Appraisal Instrument. During the period of probation, the employee's performance will undergo critical examination and evaluation for the purpose of determining continued employment.

The employer shall assist the employee in implementing a plan to correct the deficiencies.

All cases of probationary status shall be reported to the Board of Education at the next regular board meeting.

The maximum probationary period would be two contract years. The building principal or

the employee's immediate supervisor can terminate the probationary status at any time they feel the deficiency has been corrected.

F. "Overload Teaching" shall be defined as any employee contracted on an annual basis to

teach during his/her scheduled planning period. G. "Per Diem" shall be defined as the Employee's base salary (degree plus experience);

including any supplemental pay for Counseling or Special Education; excluding supplemental pay for Department Deans/Heads, Department Heads, and Extra-Duty Assignments; divided by the number of contracted duty days.

H. "Extra Duties" are a category of services neither covered in the primary contract of

employment nor by supplemental contracts, and which are refusable by the employee.

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I. “Official Capacity” shall be defined as arising out of and in the course of employment. J. “Assault” shall be defined according to the current Kansas Statutes, civil, and/or criminal law. K. “Sabbatical Leave” shall be defined as a one-year leave used by an employee for study, foreign teaching, exchange teaching, or professional activities. L. National Board Certification shall be defined as the licensure established by the National

Board for Professional Teaching Standards.

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ARTICLE II RECOGNITION

A. The Board recognizes the Association as the sole and exclusive agent of the Employees of

the District for the purpose of professional negotiations as that term is defined in the Kansas Statutes.

B. The Association has accepted the responsibility of representing the collective and individual

interest of all employees. The Board acknowledges the role of the Association in meeting the needs of those employees.

ARTICLE III NEGOTIATIONS PROCEDURES

A. Notice of intent to negotiate provisions of a successor professional negotiations agreement

shall be made by the Association to the District not later than March 31. The Association's proposals for the subject of such negotiations shall be submitted to the Superintendent of the District not later than March 31.

B. The District's proposals for the subject of such negotiations shall be submitted to the

Association's representative not later than March 31. C. Negotiations shall commence no earlier than March 31. D. Each party to this Agreement shall designate its own negotiating team or negotiator. E. The time, date, and agenda for each ensuring meeting shall be determined at each session. F. The final agreement shall be prepared by the District electronically. The cost of reproducing

a few printed copies for each building in final form shall be shared equally between the Association and the District. The agreement will be placed on the staff website when ratified.

G. Procedures for all negotiations between the Board and the Association shall be developed

and established jointly by both Negotiation Teams and full procedures agreed upon by both parties.

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ARTICLE IV MANAGEMENT RIGHTS

A. It is agreed by and between the parties hereto, that any provision of the Agreement requiring legislative action to permit its implementation by amendment of law, or by providing the additional funds therefore, shall not become effective until the appropriate legislative body has given approval.

B. The right to manage the school district and to direct its employees and operations is

vested in and retained by the Board, except as this right is limited by this Agreement.

ARTICLE V EMPLOYMENT POLICIES

A. Any existing board policies affecting the terms and conditions of professional

employment of employees during the effective term of a yearly contract shall not be changed, deleted or added to, other than by agreement by both the Board and the Association. The phrase “terms and conditions of employment of employees” shall mean any condition which has a greater direct impact on the well-being of the individual employee than on the operation of the school district as a whole.

B. Two copies of Board Policy will be maintained in each secondary building, one copy in each elementary building, and in an electronic format.

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ARTICLE VI NOTICES

Wherever in the Agreement notices are required to be given, notices to the Association shall be delivered in person or mailed by first class, United States Mail, postage prepaid to the President(s) of the Association and the elected spokesperson for the Association’s negotiations’ team. Notices to the Board, the District, or the Superintendent shall be given in person to the Clerk of the Board or mailed to the Clerk of the Board by first class, United States Mail, postage prepaid, addressed to: Clerk of the Board of Education, Unified School District No. 437, 5928 S.W. 53rd Street, Topeka, Kansas 66610.

ARTICLE VII INSERVICE

A. The Administration will use a written or electronic teacher survey to help formulate programs of inservice presentations. B. Teachers will evaluate each separate inservice presentation. This may be done electronically.

ARTICLE VIII BOARD MEETING AGENDA

The Board agrees to publish all Board Meeting agendas on the district website at www.usd437.net

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ARTICLE IX LEAVES

When an employee is absent from his/her work assignment, the absence shall be charged against an appropriate accumulated leave, or if no leave is available, taken as leave without pay (LWOP). For leave deduction purposes only, teachers are assumed to work an 8-hour day. Absences will be deducted in hourly increments with all fractions of hours rounded up to the next whole hour. Leaves will be maintained in days with the decimal .125 day equaling one hour. A. Sick Leave: Employees shall be credited with ten (10) days of sick leave at the beginning of the year (a rate of one {1} day of sick leave per month worked with a maximum of ten {10} days per year). Sick leave credit shall be pro-rated for part-time employment. Sick leave may accumulate to a maximum of one hundred and twenty (120) days. If the accrued sick leave days given at the beginning of the school year cause the total accumulation for an employee to equal or exceed 80 days, five (5) sick leave days may be exchanged for one personal day or 10 sick leave days may be exchanged for two personal days as long as the accumulated sick leave does not fall below 75 days at the time of exchange. Applications asking for the exchange must be submitted to the Business Office by June 1 of the preceding school year. Sick leave may be used for personal illness or injury and for illness, injury, or as bereavement leave upon the death of a member of the employee's immediate or extended family or a resident of the employee’s household. Absence for illness, injury, or death in the employee's immediate or extended family is limited to ten (10) days per year. Additional days may be granted by the Superintendent of Schools. If the employee is out of sick leave, the additional granted days by the Superintendent shall fall under the purview of Article XI. If the employee has not worked enough days to have earned the (10) days sick leave advanced at the beginning of the school year, such days shall be deducted from his/her last salary payment. If termination occurs after the last salary payment, employees will reimburse the District one (1) day's salary of the duty year for each day owed. Employees who have exhausted all available paid leave that can be used for sick leave purposes shall have their salary reduced at their per diem rate (1/190). In this occurrence, the employee will not be responsible for daily maintenance activities (lesson plans, parent phone calls, substitute plans, grading, etc.) and conferences during the absence. A certified employee need not have depleted all available sick leave in order to be granted an unpaid leave for illness or disability. A written request must be sent to the Superintendent prior to taking the leave without pay. Upon the death of a full-time employee, the employee’s accumulated sick leave will be paid as a benefit to the employee’s beneficiary at the rate of $25/day to a maximum of 120 days.

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An employee who becomes pregnant or who has a tentative adoption scheduled shall notify their principal in writing as soon as possible. The length of a maternity or adoptive leave or extended illness leave shall be determined by written statements from the employee’s doctor indicating approximately when the leave shall begin and when the employee is capable of returning. An employee who resigns because of pregnancy, to adopt a child, extended illness or disabling injury may apply within one year for reinstatement at a comparable position, exclusive of supplementary assignment, providing a position exists. Application should be made by January 1. B. Personal Leave: Employees shall accrue two (2) days personal leave per year, accumulated to a maximum of five (5) days. Except under emergency conditions or extraordinary circumstances employees shall give at least two (2) days advance notice to their immediate supervisor of their intent to be absent on paid personal leave. Except in emergencies, personal leave shall not be taken the day before or the day after a Board adopted non-working day or during any inservice day, nor during the first five days student classes are in session at the beginning of the contract period, nor during the last five days student classes are in session during the contract period. If the employee finds it necessary to take one or more personal days and one or more of those days is on a mandated day(s), he/she shall be allowed to petition the Superintendent for advance approval to take the leave without pay if no other option is available. If approved, his/her salary shall be reduced at the per diem rate 1/190. All non-mandated days will be charged as personal leave. No more than 20 percent of the employees of any building may be absent on personal leave on any one day. Building administrators will submit any application along with their recommendation for personal leave, which falls within the days listed above, to the Superintendent for approval. Personal leave may be granted for legal business, delicate personal affairs, unusual or important family events, funerals of friends, illness within the immediate or extended family, and other significant occasions where special consideration should be given. Personal leave also may be taken for the conducting of personal activities which must be conducted when school is in session. The employee need not divulge the reason for the leave unless it falls the day before or the day after a Board adopted non-working day, or during any in-service day, or during the first five days or the last five days student classes are in session of the contract year. In which case the superintendent can grant or deny the employee’s absence on such day(s). If more than two days are taken at one time, the Superintendent must approve. Employees who receive superintendent approval for personal absences beyond their accumulative personal leave shall have their salary reduced at their per diem rate (1/190) for all days taken in excess of the available leave. The unused personal days beyond the maximum of five at the end of each school year shall be credited to sick days for the following school year. In the event that the 10 days sick leave credit for the next school year exceeds the maximum allowed for sick days, the teacher will be compensated $50 for each personal day not used if the personal days were not gained by trading sick leave for personal leave. C. Legal Leave: An employee called for jury duty shall be granted leave with pay, less any jury fee received. When an employee is subpoenaed during the school year by a court to give

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testimony in a criminal or civil case as a result of being a witness or a victim of a crime, he/she will receive full compensation at the employee's per diem rate less any witness fee received. (Legal leave shall not be charged to the employee's sick or personal leave accounts.) D. Professional Leave: An employee may be granted professional leave by the Superintendent for curriculum development, instructional supervision, visitations and professional activities. Professional leave shall not be charged to the employee's sick or personal leave accounts. E. Sabbatical Leave: An employee may be granted sabbatical leave by the Superintendent. The following restrictions apply: 1. Prior to sabbatical leave being granted (a minimum of one semester and a maximum of one year), an employee must contract for the same amount of teaching time following their sabbatical leave. Upon return, the employee will be offered the same position, which he/she held previous to the sabbatical leave.

In the event of mandatory reduction in force, the employee will be offered a position for which he/she is qualified.

2. Sabbatical leave may be granted to an employee once during his/her teaching career. 3. Leave is granted without pay. No advancement on the salary schedule shall be earned for teaching experience. Leave benefits would remain unchanged. However, the

employee can remain in the health insurance program with premiums being paid by the employee.

F. Leave of Absence: The superintendent may grant a leave of absence to an employee for reasons other than those outlined for sabbatical leave. The following restrictions apply: 1. Prior to a leave of absence (a minimum of one semester and a maximum of one year) being granted, an employee must contract for the same amount of teaching time following his/her leave of absence. An employee on a leave of absence will be reassigned in the district in a regular position which is in the field he/she held (when

the leave of absence commenced) exclusive of supplementary assignments provided a vacancy exists and the request for active employment is made on or before February

15 of the school year prior to the reinstatement. If the date of return from the leave of absence is other than the beginning of the school year, the effective date of return

shall be subject to a vacancy within the current school year. In the event of a mandatory reduction in force, an employee returning from a leave of absence will be offered a position for which he/she is qualified, subject to the procedures outlined in Article XXVI of this agreement. 2. A leave of absence may be granted to an employee once during his/her teaching

career in the Auburn-Washburn school district. 3. A leave of absence is granted without pay. No advancement on the salary schedule

shall be earned for teaching experience. An employee on a leave of absence will retain accumulated sick and personal leave days but will not receive credit for additional leave

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days during the leave of absence. The employee may remain in the district’s health insurance program with premiums being paid by the employee.

G. Other: The Superintendent may authorize leave with or without pay for purposes not expressly identified above (community service, military duty, absence due to circumstances beyond the employee's control, etc.). (Other leave shall not be charged to the employee's sick or personal leave accounts.) H. No leave contained in this Article shall have any cash value with the exception of:

1. Sick leave for which the employee upon KPERS retirement will receive $25 for each unused sick day up to the 120-day maximum accumulation per Article XXI,

Retirement. 2. The unused personal days beyond the maximum of five at the end of each school

year shall be credited to sick days for the following school year. In the event that the 10 days sick leave credit for the next school year exceeds the maximum allowed for sick days, the teacher will be compensated $50 for each personal day not used.

3. Upon the death of a full-time employee, the employee’s accumulated sick leave will be paid as a benefit to the employee’s beneficiary at the rate of $25/day to a maximum of 120 days. I. Association Leave – The Board shall give release time without loss of salary or sick leave to licensed staff members to conduct KNEA and local association business, subject to prior approval of the superintendent. This shall be no more than a total of 5 days approved per school year for this purpose.

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ARTICLE X BORROWED SICK LEAVE

A. The primary purpose of the Sick Leave Pool is to provide additional leave during the contract year to the employee who has used all of his/her accumulated illness/bereavement leave and experiences extraordinary circumstances requiring additional leave. B. An employee may contribute sick leave days to a sick leave pool. Such contributions shall be deducted from the employee's sick leave accumulation.

1. Days contributed by an employee become a permanent part of the sick leave Pool and shall not be refunded to the employee.

2. An application form for contribution to the sick leave pool will be made available

to each employee with other enrollment forms on the first day of each contract year. The completed form will be due at the Central Office on the same day as the other enrollment forms. Contributions offered may not exceed three (3) days in any contract year, unless an employee has reached the maximum allowable accrual of sick leave days. When an employee has reached the maximum allowable accrual of sick leave days, with written notification, an employee may contribute any or all of the current year’s allotted sick leave of ten (10) days directly to the pool.

3. Completed forms shall be returned to the sick pool chairperson of the AWNEA

who shall maintain a roster of the names of all employees who complete this form and the number of days offered as a contribution.

4. Contribution forms shall be randomly drawn by a committee consisting of the AWNEA president and teacher representatives from elementary, middle and secondary assignments. The total number of days made available to the sick leave pool for a contract year will be equal to 1/3 days in relation to the total

number of certified staff. 5. Employees whose forms have been drawn shall be so notified, and a list of those names with the drawn contribution forms shall be submitted to the Business Office for deduction from the employee’s sick leave accumulation. 6. The contribution forms not drawn in the establishment of the pool shall be sent

to the Business Office to be held for the duration of the contract year to confirm eligibility to use the pool.

7. The AWNEA Sick Pool Chairperson and the Business Office will maintain

records of the administration of the pool. C. Only employees who have contributed days to the pool for the current contract year, or have offered days to the same by completing a contribution form, shall be eligible to use the pool.

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D. Any days remaining in the pool as of June 30 will be carried over to the next year and contributions added until the total number of days made available to the sick leave pool for the current contract year is equal to 1/3 days in relation to the total number of certified staff. E. The employee who applies for sick leave days from the pool must be hospitalized and/or under the care of a medical doctor. A statement by the employee’s primary care physician is required stating the employee’s inability to perform his/her regular duties, and because of a medical necessity must remain at home. The team of educators may also request a second opinion by a doctor mutually agreed upon by both parties. Such statement should be attached to the application. If the employee is applying because his/her child or spouse is seriously ill or injured, then a statement by the child’s or spouse’s primary care physician will be required stating the seriousness of the illness or injury and the need or reason for the employee’s absence. F. Applications shall be reviewed for approval or disapproval according to the guidelines by majority vote by the Sick Leave Pool Committee. The Sick Leave Pool Committee shall consist of the following: 1. AWNEA (Sick Pool Chairperson). 2. Three employees representing elementary, middle and secondary education. 3. The applicant’s building administrator or administrator's designee. G. Written notification of approval or other disposition of the application shall be made by the president of the AWNEA. The guidelines will be maintained and approved by the AWNEA. Recordkeeping regarding the pool shall be maintained by the business office. H. The decision of the Sick Leave Pool Committee shall be final and binding to the employee. I. An employee receiving days from the pool is obligated to “pay back” those days to the pool if not employed by the district the following year, unless the employee is retiring or medically unable to return to his/her duties in the AW district. Days granted but not used for the approved medical purpose shall be returned to the pool. J. Sick Leave Pool application forms are available on the Auburn-Washburn staff website. K. The pool will not provide leave to employees receiving benefits from Workers’ Compensation, KPERS disability, or other income protection sources. L. Extraordinary Medical or Health-Related Circumstances - Days may be requested from the Sick Leave Pool for the following extraordinary reasons:

Personal illness, for more than 20 consecutive days or as determined by the Sick Leave Pool, that meets the following criteria:

• Extraordinary circumstances shall be defined as a critical extended illness or

severe life-endangering circumstance,which requires hospitalization and/or

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convalescence or recuperation in an extended care facility or at home. Examples of eligible medical circumstance would include, but are not limited to, cancer treatment, critical chronic illness, major non-elective surgery, cardiac illness, limb amputation, organ transplants, etc.

• The employee must be hospitalized and/or under the care of a medical doctor, doctor or osteopathy, chiropractor, or dentist. As a part of this application, a statement from the primary medical doctor, doctor of osteopathy, chiropractor, or dentist is required recommending the employee continue to be absent from work due to his/her health. The Sick Leave Pool may require an independent second opinion at employee expense.

• All applications are reviewed with the individual and unique

circumstances/complications considered.

M. The superintendent may allow a regular full-time employee additional day’s sick leave if their accumulated sick leave days have been depleted. The additional sick days so borrowed shall be charged against the sick leave days subsequently earned thereafter by the employee. In no event shall the Superintendent grant more than ten (10) days additional sick leave under this provision. Days borrowed from the superintendent shall be repaid at the rate of five (5) days each year until the employee has repaid all the borrowed sick leave. Reasons for the superintendent not granting additional days shall be communicated to the review committee. If the employee owes borrowed sick leave time when he/she terminated his/her services with the Board, such days shall be deducted from his/her last salary payment. If termination occurs after the last salary payment, employees will reimburse the District one (1) day's salary of the duty year for each day owed.

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ARTICLE XI

FAMILY, MEDICAL and EXTENDED ILLNESS LEAVE

A. Family, medical and extended illness leave is available for each teacher for:

1. the birth of a child of the teacher and to care for the child 2. the placement of a child with the teacher for adoption or foster care 3. the need to care for a spouse, son, daughter or parent of the teacher

because of a serious health condition 4. a serious health condition of the teacher that prevents the teacher from performing the

job functions. (Leave for reason 1 or 2 must be taken within 12 months of birth or placement.)

5. a qualifying exigency arising because the spouse, son, daughter or parent of the employee is on active duty (or has been notified of an impending call or order to achieve active duty in the Armed Forces.)

6. a spouse, son, daughter, parent or next of kin of a covered service member if they need care from the eligible family member. Eligible employees are, in this case, entitled to a combined total of 26 workweeks of leave during a 12-month period.

B. Family and medical leave as required by federal law shall be granted for a period of not more than 12 weeks during a 12-month period. For purposes of this regulation, a 12-month period shall be defined as a contract year beginning on July 1 and ending the following June 30. C. If the teacher has any sick or personal leave, such leave must be used first and counted toward the annual family and medical leave. After all qualifying leave is used, the balance of the leave would be unpaid. If the teacher is in need of medical leave because of a serious health condition, leave without pay-1/190 of the annual salary shall be deducted for each day’s absence. D. The teacher is eligible for family and medical leave upon completion of 12 months of service in the district. E. During the period of any unpaid family and medical leave, the Board shall continue to pay the employer’s share of the cost of group health benefits in either of the options described below: 1. The board shall continue to pay the employer’s share until the end of the 12-week

family medical leave.

2. When the teacher cannot return to work following the family medical leave, and the teacher has applied for or is receiving KPERS disability, the benefit will continue in the same manner until the end of the insurance contract year in which the family medical leave began.

The teacher should pay his/her portion of the premium payment to the Business Office by the 5th of the month prior to the month for which the premium is due.

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F. When leave is foreseeable, the teacher shall give written notice within 30 days. If leave is not foreseeable, notice will be given as soon as possible. G. Upon the teacher providing notice of need for leave, the Superintendent or Director of Human Resources will notify the teacher prior to or during the leave period of:

a. the reasons that leave will count as family and medical leave,

b. employer requirement that paid leave be used first, c. how premium payments for health benefits will be handled,

d. right to be restored to same or equivalent job,

e. any requirement for medical certification,

f. any employer required fitness-for-duty certifications.

H. Family leave reasons (1) the birth of a child of the teacher and to care for the child; or (2) the placement of a child with the teacher for adoption or foster care, may not be used intermittently or on a part-time basis without the prior approval of the superintendent. I. When both spouses are employed by the district, they may take an aggregate of 12 weeks of leave for a birth or adoption of a child. J. The Superintendent may extend an employee’s FMLA per rules for instructional employees whose leave conflicts with the end of an academic term. The terms of the Family and Medical Leave Act of 1993 enacted on February 5, 1993 shall take precedent over any other provisions of this Agreement.

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ARTICLE XII CONFERENCE ATTENDANCE

Staff development is a process of planned growth and change through which individual staff members, building staffs, and the school district work toward identified professional development and program goals. The ultimate result of such staff development must be continuously improving student achievement results, increasing staff general professional knowledge, and enhancing new or expanded instructional skills for educators. The USD 437 Individual Professional Development Plan provides an alternative to college hours for recertification and complies with State guidelines. Certified personnel covered by this agreement, provided they complete and file an approved Individual Professional Development Plan (IPDP) and that completion of the Plan is validated for credit by the Professional Development Council and the Board of Education, are eligible to participate in district funded professional development activities. A. Request: Any certified staff member with a current Individual Professional Development Plan (IPDP) on file that has been approved by the Building Professional Development Council may request to attend a professional conference. This request must be submitted to the Building Professional Development Council. Conference requests must be approved by both the Professional Development Council and the building principal before they are submitted to the district level Executive Director of Teaching and Learning for final approval. B. Attendance Priority: 1. Attendance will enhance departmental, grade level, School Improvement Plan or Individual Improvement Plan. 2. Attendance will enhance district-wide goals and needs. C. Approval: The Building Professional Development Council will review all conference requests and submit them to the building principal who will be responsible for approval or disapproval of the request. He/She may consult with appropriate others (Department Deans, Directors, Committee Chairpersons, etc.). Selection of participation shall be made on a fair and equitable basis following the criteria for approval guidelines. The intent is that each department and level of education share in the benefit of conference attendance. Disapproval of a request may be appealed to the Executive Director of Teaching and Learning. D. Funding: The Board will furnish substitute teachers for participants and reimburse allowable expenses as the budget will allow. E. Allowable Expenses include registration, hotel expenses, meals, and mileage up to the allowable set limits.

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ARTICLE XIII DUTY YEAR

Contractual Days: The number of duty days for the school year shall not exceed 190 days. The contractual year shall include the following: One full work day at the end of each nine (9) weeks. 177.0 Student Contact Days 6.0 Teacher Work Days 7.0 Professional Learning Days 190.0 Total

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ARTICLE XIV HOLIDAYS, DUTY-FREE TIME AND PROFESSIONAL DAYS

A. The district hereby agrees that the school calendar will include the days of December 23 and 24 as part of the winter vacation. B. One snow make-up day will be placed on the calendar on either a Friday or Monday in April. If it is not needed, staff will be given that day as a Board approved non-working day. All other snow make-up days will be placed at the end of the calendar. The Board shall provide five consecutive school days for spring break strategically placed in the calendar. C. Planning Time: Each full-time employee who is a certified or licensed employee by KSDE will be provided a minimum of forty (40) minutes of duty-free time each day for instructional planning, continuous and uninterrupted if possible, except emergency situations and not to include lunch time. Part-time employees are not guaranteed planning time. The Administration will encourage the use of substitutes in case of absence of regular staff to meet this objective. In the event an employee is required by administrative request to forfeit 30 minutes or more of a planning period to substitute as a teacher or as hallway and/or commons supervisor, or supervise students at an assembly or program practice, the employee shall be compensated the rate as determined in Article XV, Paragraph K of this Agreement. D. Professional Day: The normal duty day/work day for employees will be eight (8) hours including a duty free lunch. Time used (duty day) before the first class period in the morning and after the last period of the day should total one (1) hour. The breakdown of this time before and after classes is at the discretion of the building administration and staff so long as the entire duty day is fulfilled. In addition to classroom instruction, certified employees shall perform those duties considered necessary to the operation of the school and assigned by the principal or administrator in charge. This excepts those duties which are supplemental as defined by state statute, which must be mutually agreed upon by the employee and building principal. The administration may request employees to come earlier or to remain later than the time specified above if their attendance is required at a conference workshop, or other special activity. The Board of Education has implemented the seven period day at the high school. Planning time, duty day, and duty free lunch will remain as stated in the negotiated agreement. All efforts will be made by the administration and the department heads to mutually agree upon decisions affecting assignments for individual staff members at the high school, including the number of preparations, teaching periods, and supervision periods. The final decision will be made by the administration. E. Duty-Free Lunch: The Board shall provide each employee a minimum of thirty (30) minutes for duty-free lunch. F. Employees may leave the building during the professional day for personal reasons only with the consent of the principal or his/her designee.

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ARTICLE XV EMPLOYEES' SALARIES

A. Employees shall be paid according to the attached salary schedule. B. An employee may advance no more than one (1) vertical step (increment) annually provided the employee receives a positive evaluation. If the employee is on a Directed Professional Development Plan and has received an Official Notification of Unsatisfactory Performance, no vertical step is allowed. C. An employee may not receive payment unless a current Kansas certificate is filed in the Administrative Office. D. Acceptance of Experience: Employees entering the service of this District may, at Board and Administrative discretion, receive the highest salary to which their highest degree and years of experience under the salary schedule entitles them. E. Contract Adjustments for Additional Hours, Inservice Points, Longevity, and National Board Certification: 1. A letter or form indicating the employee's intent to complete additional graduatehours/inservice points and/or degree has been submitted to the Administrative Office by June 1, so the increase

may be budgeted. Exceptions can be made by Superintendent/Executive Director of Human Resources and Operations. 2. A transcript or letter verifying completion of said hours, inservice points and/or degree must be on file in the Human Resources Department by September 15. If such verification is not on file by September 15, the hours/inservice points and/or degree will not be recognized for salary purposes until the following year. Only inservice points earned at the Application and Impact level will be eligible for the employee to use for movement on the salary schedule at the rate of 20 inservice points equaling 1 college hour (effective September 15, 2011).

3. Under the Board approved District Inservice Plan, points earned prior to the starting date of the teacher's contract shall be counted towards advancement on the salary schedule and said contract then in effect shall be adjusted where hour advancement is possible. Salary adjustments will be

made in the October paycheck.

4. Teachers who obtain their National Board Certification while employed by the AuburnWashburn School District will be paid $2,500 annually until the expiration of the certificate and as long as the employee remains in a certified teaching position within the district. Teachers holding National Board Certification and hired by the Auburn Washburn School District to fill a certified position will be paid $2,500 annually until the expiration of the certificate The Board will annually review the value of the National Board Certificate to the students of USD 437 to determine the continuance of this payment. In order to be eligible for the incentive bonus, the teacher must have completed all work necessary for the certificate prior to the beginning of the school year (actual certification may not be until the fall of each year.) Per KSDE Guidelines. 5. Employees who master identified skills shall receive a stipend. The district will provide the training for the identified skill or may authorize off-site training as approved by the superintendent or his/her designee. The Board reserves the right to determine the skill sets. The rate of compensation outside of the duty day will be no less than $50.00 for half day trainings. 6. An incentive payment up to $1,500 may be made to newly hired teachers in areas of shortage,

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critical need, or other factors as identified by the BOE. This would be a one time payment and would be paid with the first pay period. 7. Employees will receive longevity pay per the following schedule:

10-15 completed consecutive years of employment in USD 437 $1,000 16-20 completed consecutive years of employment in USD 437 $1,200 21-25 completed consecutive years of employment in USD 437 $1,400 26-30 completed consecutive years of employment in USD 437 $1,600 31-39 completed consecutive years of employment in USD 437 $1,800 40+ completed consecutive years of employment in USD 437 $2,100

Employees will receive this payment in a lump sum on employee’s last negotiated work day at the end of the year of eligibility. If an employee has extenuating circumstances in regard to “consecutive years of employment”, an appeal for eligibility can be made to the Board of Education.

F. Tuition Reimbursement – The district shall reimburse up to one hundred twenty five dollars ($125.00) per credit hour for up to three (3) semester hours per school year for each teacher to attend a college of his/her choice, provided that the total annual combined reimbursement for certified employees does not exceed $20,000 and the requirements below are followed: 1. All hours taken must relate to the original certification, a masters, specialist, doctorate degree in education or another endorsement on the teaching certificate.

2. Hours taken must be graduate level hours approved by the Human Resources Department. Exceptions for undergraduate hours must be approved in advance by the Human Resources Department and relate directly to classroom instruction and/or additional endorsements. Any hours not approved in advance shall not be eligible for reimbursement.

3. Transcripts must reflect a final grade of “A” or “B”. “Pass/Fail” options must be approved in advance by the Human Resources Department and may not be eligible. 4. In the event the total combined reimbursement for certified employees exceeds $20,000, the actual reimbursement will be pro-rated on a per/hour basis so that the total does not exceed $20,000. 5. Certified staff will be ineligible if they do not return to the district the following year. Exceptions will be made if an employee is non-renewed or AWNEA believes the reimbursement is valid due to extraordinary circumstances.

6. Request forms are due by May 1 of each year. Supporting documents are to be submitted by May 31 of each year. If the due dates fall on a Saturday or Sunday, the forms are due by the following Monday.

G. Compensation for Extended Contracts: Employees employed on an extended contract basis (beyond the regular 9-month teacher contract) shall be compensated according to the following formula: the value of each extended day shall equal the annual contract amount divided by the number of days in the regular teacher contract. H. Compensation for Department Representative, Department Head, Department Dean; Counseling; Special Education; and Sponsors; will be paid to employees working in those positions and at those rates indicated on the Supplemental Pay Schedule. The percentage will be applied to the contract salary of the employee, adjusted to the experience level in the activity assigned. I. Employees working half-time or more will be given credit for one year teaching experience. Employees teaching less than one-half will be credited with half-year's teaching experience.

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J. Compensation shall be at a rate of $25 per contract hour for classroom summer school teachers and Driver’s Education teachers. K. An employee will be compensated $20 per period for substituting. L. Continuing Contracts and Contract Release Per state statute, “Written notice to terminate a contract may be served by a board upon any teacher prior to the time the contract has been completed, and written notice of intention to nonrenew a contract shall be served by a board upon any teacher on or before the third Friday in May. A teacher shall give written notice to a board that the teacher does not desire continuation of a contract on or before the 14th calendar day following the third Friday in May.” Except due to extraordinary circumstances or career advancement, certified staff will be released from contract only if a suitable replacement can be found and if the following financial penalites are met: 1-30 days after statutory teacher notice date (June 4) $ 500.00 31-60 days after statutory teacher notice date $1,000.00 61 or more days after statutory teacher notice date $1,500.00 M. At-Risk Tutoring Compensation shall be at a rate of $15.00 per hour for at-risk tutoring conducted outside the contracted day.

BA BA+10 BA+20 BA+30 MA MA+10 MA+20 MA+30 MA+45 ED SP PHD

A 37,900 38,700 39,500 40,300 42,100 42,900 43,700 44,500 45,300 46,650

B 38,500 39,300 40,100 40,900 42,700 43,500 44,300 45,100 45,900 47,250

C 39,100 39,900 40,700 41,500 43,300 44,100 44,900 45,700 46,500 47,850

D 39,700 40,500 41,300 42,100 43,900 44,700 45,500 46,300 47,100 48,450

E 40,300 41,100 41,900 42,700 44,500 45,300 46,100 46,900 47,700 49,050

F 40,900 41,700 42,500 43,300 45,100 45,900 46,700 47,500 48,300 49,650

G 41,500 42,300 43,100 43,900 45,700 46,500 47,300 48,100 48,900 50,250

H 42,100 42,900 43,700 44,500 46,300 47,100 47,900 48,700 49,500 50,850

I 42,700 43,500 44,300 45,100 46,900 47,700 48,500 49,300 50,100 51,450

J 43,300 44,100 44,900 45,700 47,500 48,300 49,100 49,900 50,700 52,050

K 43,900 44,700 45,500 46,300 48,100 48,900 49,700 50,500 51,300 52,650

L 45,300 46,100 46,900 48,700 49,500 50,300 51,100 51,900 53,250

M 45,900 46,700 47,500 49,300 50,100 50,900 51,700 52,500 53,850

N 46,500 47,300 48,100 49,900 50,700 51,500 52,300 53,100 54,450

O 47,900 48,700 50,500 51,300 52,100 52,900 53,700 55,050

P 48,500 49,300 51,100 51,900 52,700 53,500 54,300 55,650

Q 49,100 49,900 51,700 52,500 53,300 54,100 54,900 56,250

R 50,500 52,300 53,100 53,900 54,700 55,500 56,850

S 51,100 52,900 53,700 54,500 55,300 56,100 57,450

T 51,700 53,500 54,300 55,100 55,900 56,700 58,050

U 52,300 54,100 54,900 55,700 56,500 57,300 58,650

V 52,900 54,700 55,500 56,300 57,100 57,900 59,250

W 53,500 55,300 56,100 56,900 57,700 58,500 59,850

X 55,900 56,700 57,500 58,300 59,100 60,450

Y 56,500 57,300 58,100 58,900 59,700 61,050

Z 57,100 57,900 58,700 59,500 60,300 61,650

Additional Increment for Staff Frozen on Salary Schedule:Staff employed during the 2017-2018 school year and frozen at the bottom of a column will receive a $500 increment on their 2018-2019 contract.

2018-2019 Compensation Grid

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SUPPLEMENTAL PAY SCHEDULE

Departmental Compensation (Secondary Schools) Representative (Bldg) 1.0% Dept Head (Bldg) 1.5% plus .1% for each FTE teacher in Dept Dept Dean (DW) 1.0% plus .1% for each FTE teacher in Dept Dept Dean (Library) 1.0% plus .1% for each FTE Librarian Dept Head/Dean (DW) 2.5% plus .1% for each FTE teacher in Dept To qualify as a Department Head there must be at least three (3) FTE teachers in the Department within the assigned building. Counselor Compensation An additional 3% will be paid to counselors working in Guidance Counseling. Psychologist Compensation An additional 7.25% will be paid to psychologists working in Psychological Services. Special Education Compensation Beginning in SY 2012-2013, any staff member hired to teach in a classroom designed for students with significant and severe disabilities, as determined by the Board, will receive an additional 5% on their base salary. The 5% will apply to current staff and newly hired staff teaching in those classrooms. All other special education teaching staff who were hired prior to January 1, 2012 will continue to receive the additional 4% for teaching in a special education classroom. Any special education teacher hired after January 1, 2012, in special education classrooms not identified as significant and severe, will receive an additional 3% on their base salary. Speech Language Pathologist, Occupational Therapist, and Physical Therapist Compensation An additional 5% will be paid to speech language pathologists, occupational therapists, and physical therapists working in their areas of expertise. NCA/QPA/SILT Steering Committee Maximum of 10% per building. Staff Development Chairpersons (Professional Development Council Representatives) An additional 2% will be paid to Staff Development Chairpersons. PDC representatives will be appointed as follows: one (1) at each elementary school, two (2) at Washburn Rural Middle School, and three (3) at Washburn Rural High School. Sponsor Compensation – as listed below The number of positions listed are guidelines which may be altered by a Building Principal's request when approved by the Superintendent.

HIGH MIDDLE ACTIVITY NO. SCHOOL NO. SCHOOL Class (Freshman) Head 1 2% Class (Sophomore)

Head 1 2% ACTIVITY NO. HIGH NO. MIDDLE SCHOOL SCHOOL

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Class (Junior) Head 1 2% Class (Senior) Head 1 2% DECA Advisor 1 1% Graduation 1 2% Prom Head 1 4% Assistant 1 2% (Additional staff assigned to work at Prom will be paid extra duty pay rate.) F.F.A. 1 12% Math Club 1 1% Math Contest 1 1% Model UN 1 2% Music Band 1 15% 1 4% Vocal 1 9% 1 4% Orchestra 1 8% 1 4% Asst. Band 2 Pep Band 1 10% Drum Line 1 8% Musical Vocal Director 1 6% Asst. Musical Director 1 5% Drama Director 1 7% Technical Dir. of Musical 1 5% National Honor Society 1 2% National Technical Honor Society 1 1% Renaissance 1 4%

HIGH MIDDLE

ACTIVITY NO. SCHOOL NO. SCHOOL Robotics Competition 1 1% Scholars Bowl 1 2%

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Student Council Head 1 7% 1 3% Assistant 1 3% 1 2% (Additional staff assigned to work at Student Council events will be paid an extra duty pay rate.) Baseball Head 1 12% Assistant 3 7% Basketball (Boys) Head 1 16% Varsity Assistant 1 9% Assistant 2 8% Head (8th ) 1 8% Assistant (8th) 1 5% Head (7th) 1 7% Assistant (7th) 1 5% Basketball (Girls) Head 1 16% Varsity Assistant 1 9% JV Head 1 8% JV Assistant 1 8% Head (8th) 1 8% Assistant (8th) 1 5% Head (7th) 1 7% Assistant (7th) 1 5% Bowling Head 1 9% Assistant 1 5% Cross Country Head 1 11% 1 7% Assistant 1 7% 2 5% Football Head 1 16% Assistant 2 9% Assistant 5 8% Head (9th) 1 8%

HIGH MIDDLE ACTIVITY NO. SCHOOL NO. SCHOOL

Assistant (9th) 2 6.5% Head (8th) 1 9% Asst. Head 1 7.5% Head (7th) 2 7.5%

Head (7th C-Team) 1 7% Assistant 6 6%

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Golf (Boys) Head 1 9% Assistant 1 5%

Golf (Girls) Head 1 9% Assistant 1 5% Soccer (Boys) Head 1 12% Assistant 2 7% Soccer (Girls) Head 1 12% Assistant 2 7% Softball Head 1 12% Assistant 2 7% Swimming (Boys) Head 1 9% *Assistant 1 5% *The Assistant in charge of diving will receive an extra 1% if diving practices are at a time and location separate from the Head coach. Swimming (Girls) Head 1 9% *Assistant 1 5% *The Assistant in charge of diving will receive an extra 1% if diving practices are at a time and location separate from the Head coach. Tennis (Boys) Head 1 9% 1 6% Assistant 1 5% Tennis (Girls) Head 1 9% 1 6% Assistant 1 5%

HIGH MIDDLE ACTIVITY NO. SCHOOL NO. SCHOOL Track Head 1 12%

Head (Assistant) 1 10% Assistants 7 7% Coordinator 1 2% Head (Boys, 8th) 1 7% Head (Girls, 8th) 1 7% Head (Boys, 7th) 1 7% Head (Girls, 7th) 1 7%

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Assistant 4 6% Volleyball Head 1 14% Varsity Assistant 1 9% Assistant 1 7% Head (9th) 1 6% Head (8th) 1 8% Assistant (8th) 1 6% Head (7th) 1 6% Assistant (7th) 2 5% Wrestling Head 1 12% 1 8% Assistant 3 7% 2 5.5% Cheerleader Head Varsity 1 14% 1 4% Assistant Varsity 1 10% Head Junior Varsity 1 6% Head Freshmen 1 6% Debate Head 1 14% Assistant 6 6% Drama Head 1 12% Technical Director 1 5% Drama/Musical

Head 1 5% Assistant A 1 3.5%

Assistant B 1 3% HIGH MIDDLE

ACTIVITY NO. SCHOOL NO. SCHOOL Drill Team Head 1 4% Flag Squad 1 8% Forensics Head 1 10% Assistant 6 3% Intramurals –No General Fund expenses* *Basketball - Boys Head 1 3% 1 3%

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Assistant 1 2.7% 2 2.7% *Basketball – Girls Head 1 3% Assistant 2 2.7% *Tennis

Boys 1 3% Girls 1 3%

*Volleyball – Girls Head 1 3% Assistant 2 2.7% Weightlifting (School Year) – paid for out of General Fund. Head 1 5% Assistant 1 3% Weightlifting (Summer) – paid for out of General Fund. Head 1 8% Assistant 1 5% Journalism Newspaper 1 7% Yearbook 1 10% 1 4% District Publication 1 6% Pep/Spirit Club Head 1 4% Assistant 2 2% Pom Pon Head 1 8% Assistant 1 6%

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ARTICLE XVI

COMPENSATION FOR EXTRA DUTY ASSIGNMENTS

A. CRITERIA: There are two basic criteria for pay differential between specific extra duty assignments:

Criteria A –Extra duties that require no special skill and/or training; and/or are not exposed to adverse weather conditions.

Criteria B – Extra duties that require a special skill and/or training; and/or are exposed to adverse weather conditions.

B. CATEGORIES: There are three categories of extra duty assignments (non-instructional):

Criteria Index Category I – Elementary School (Grades K-6) A 1.00

B 1.20

Category II – Middle School (Grades 7-8) A 1.10 B 1.30

Category III – High School (Grades 9-12) & USD 437 Activities A 1.20 B 1.40 C. PAYMENT: Payment is based on the category, criteria, and index for the assignment as

shown on the attached schedule as multiplied by the base factor of $10.00 per hour, for actual hours worked as verified by the employee’s hourly time sheet.

D. LUNCH DUTY: When an employee voluntarily works during their duty free lunch in the

supervision of student, with the approval of the Superintendent of Schools, they shall be paid $9.00 per hour.

E. ADJUSTMENTS: Requests for extra duty assignments must be approved by the Superintendent or his designee on an annual basis.

F. INSTRUCTIONAL TRAINING AND/OR FACILITIES: Teacher with a classroom assignment, requested by a district level administrator to conduct an instructional workshop outside the duty day, shall be entitled to extra-duty compensation if the workshop is of a length greater than one hour. The compensation shall be based on the index of 1.4.

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EXTRA DUTY PAY SCHEDULE

Category/Position Index Criteria Washburn Rural High School Varsity Football and Track III B Parking Lot Attendant 1.4 III A Public Announcer 1.2 III B Ticket Supervisor 1.4 III A Ticket Seller 1.2 III B Ticket Taker/Crowd 1.4 III A Scoreboard Operator 1.2 III B Timer 1.4 III B Head Chain Gang/Escort 1.4 III B Chain Gang 1.4 III B Filmer 1.4 III B Stats Keeper 1.4 III B Travel Time - Filmer/Stats 1.4 III B Event Judge 1.4 III A Track Event Helper 1.2 III B Crowd 1.4 JV/Sophomore/Freshmen Football III B Timer 1.4 III B Head Chain Gang/Escort 1.4 Volleyball III B Scorer (Home) 1.4 III B Scorer (Tournament) 1.4 III B Scorer (Away) 1.4 III A Ticket 1.2 III B Crowd 1.4 III B Line Judge 1.4 Wrestling III B Scorer (Dual) 1.4 III B Scorer (Double Dual) 1.4 III A Timer (Dual 1.4 III A Timer (Double Dual) 1.4 III B Crowd (Dual) 1.4 III A Ticket 1.2 Basketball III A Locker Room/East Supervisor 1.2 III A Officials/West Supervisor 1.2 III B Scorer (Varsity) 1.4 III B Timer (Varsity) 1.4 III B Scorer (Sub-Varsity) 1.4

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Category/Position Index Criteria Washburn Rural High School (Continued) Basketball (continued) III B Timer (Sub-Varsity) 1.4 III B Crowd (Girls) 1.4 III B Ticket Supervisor 1.4 III A Ticket Seller - Front 1.2 III A Ticket Seller - Back 1.2 III A Ticket Seller - Early Front 1.2 III A Public Announcer 1.2 III B Travel Time - Scorer 1.4 Softball/Baseball III B Scorer 1.4 III B Ticket 1.4 III B Crowd 1.4 III A Scoreboard 1.2 III A Announcer 1.2 Soccer III A Scorer/Timer 1.2 III B Ticket 1.4 III B Crowd 1.4 Swimming III B Timer 1.4

Washburn Rural Middle School Football II B Chain Gang 1.3 II B Scorer/Timer 1.3 II B Crowd Control 1.3 II B Tickets 1.3 II A Trip Supervisor 1.1 Volleyball II B Scorer (Home) 1.3 II A Timer 1.1 II B Tickets 1.3 Girls Basketball II B Scorer 1.3 II B Timer 1.3 II B Tickets 1.3

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Category/Position Index Criteria Washburn Rural Middle School (Continued) Wrestling II B Scorer 1.3 II A Timer 1.3 II B Tickets/Crowd 1.3 Boys Basketball II B Scorer 1.3 II B Timer 1.3 II B Ticket Supervisor 1.3 II A Crowd Control 1.1 Track II B Event Judge 1.4 II A Event Helper 1.2 II B Concessions Sponsor 1.3 II B Music 1.3 II B Newspaper 1.3 II B Talent Show 1.3 II A Spelling Bee 1.1 II A Seniors’ Prom 1.1 Elementary Schools Criteria Index Category I - Elementary School (Grades K-6) A 1.00 B 1.20 Each building principal and their staff must submit a written plan for disbursement of extra duty pay to the superintendent of schools within two (2) weeks of the start of school. This plan will include predetermined activities, number of hours allocated per activity and payment for each activity. Each school will be allocated and funds disbursed from the following amounts: K-3 $3,000 4-6 $3,000 K-6 $3,000 Plus $6.00 per pupil based on the estimated enrollment

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The following guidelines should be used when assigning monies to be spent at the elementary level: Activities Index Academic Activities (Ex. Geography Bee, Math Contest, Science Fair) B Evening Student Orientation Night (Not a parent information meeting/open house) A Before/After School Music B Detention A Music Program Supervision A Music Program Directing B Student Council A Other Student Activities (approved by the building level administrator and superintendent) A or B Attendance at a parent/teacher organization meeting or teacher staff meeting will be excluded from extra duty pay. Extra Duty Funds should be allocated for activities where staff are involved directly with students outside the duty day.

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ARTICLE XVII STAFF TRANSPORTING STUDENTS

All USD 437 certified staff who transport students to activities, competitions, practices, etc., will be subject to random drug and alcohol testing in order to ensure the safety of all students and staff being transported by district employees.

ARTICLE XVIII OVERLOAD TEACHING

A. Overload Teaching shall be defined as any employee contracted to teach on an annual basis during his/her scheduled planning period. B. When an employee accepts an overload assignment, he/she will be compensated on an hourly rate proportionate to his/her contracted salary. C. The Board shall not use overload teaching assignments as a means of avoiding the employment of additional employees when such need is indicated.

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ARTICLE XIX EMPLOYEE BENEFITS PROGRAM

HEALTH INSURANCE A. The Board will pay the cost for the single high deductible (HDHP) health premium for all

benefit eligible employees. The plans shall be chosen by the Board. B. The health insurance contribution by the Board shall not be used for any other purpose. C. An Employees’ Benefit Committee shall meet during the school year to review health

insurance and benefits and give input to the Board of Education. This committee will contain representatives from the Board of Education, administration, certified staff, classified staff and AWNEA.

D. An Employees’ Benefit Committee, with the same representation, will convene every year

to compare policies and rates unless both bargaining units agree that it is not necessary. E. The district contribution to health care premiums may be negotiated in subsequent years. F. The Board will provide access to a flexible spending credit card. The employee will pay the

annual card fee determined by the provider. G. If the Board receives a Divisible Surplus refund from the district's health insurance

provider, then the Board would retain the percentage of the Divisible Surplus equal to the percentage of premiums it has paid. The Board of Education would refund the percentage of the Divisible Surplus equal to the percentage of premiums paid by the employee. The money retained by the Board would be placed in an account that would be used for funding the district’s health insurance.

H. All benefit eligible employees participating in the district health plan are required to complete a physical health screening provided at district facilities or have a physical completed by a licensed doctor of their choice. Employees who choose not to participate in this program will pay $20.00 per month toward their health premium cost. All benefit eligible employees participating in the district health plan are required to confirm during benefits enrollment if they are a tobacco user. The district provides a tobacco cessation program for tobacco users. Employees who are tobacco users and choose not to participate in the tobacco cessation program will pay $20.00 per month toward their health premium cost.

SALARY REDUCTION PLAN A. The employees shall be permitted to participate in the District's cafeteria type salary

reduction plan. This plan will be developed in compliance with IRS regulation 125. B. The Board shall seek input from the Association prior to selecting the companies that

provide nontaxable benefits offered under the plan.

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C. The nontaxable benefits to be offered are: 1. Group Health Insurance 2. Group Life Insurance 3. Dependent Care 4. Group Dental Insurance TAX SHELTERED ANNUITY- 403(b) A. The Board will provide an IRS qualified Tax Sheltered Annuity Plan for all employees to contribute. The Plan will be administered by a third party administrator (TPA) for IRS compliance with the law. The administration will communicate with current TSA contributors as soon as the Employee Benefits Committee selects the TPA.

ARTICLE XX

COMMITTEE COMPENSATION A. Employees who serve on committees required and approved by the Superintendent or Executive Director of Teaching and Learning, and/or the Board (with the exception of faculty meetings) will receive compensation at the rate of $20.00 per hour or I.D.P. points spent in such meetings outside the duty day. Department Deans shall be excluded from compensation for textbook and curriculum committees. The employee may choose either to receive the monetary payment or the I.D.P. points as long as funds are available. If funds are not available, the employee may still choose to participate but for I.D.P. points only. B. Committee members will be selected by the Superintendent or Executive Director of Teaching and Learning who will call committee meetings and authorize hours to be compensated. C. Individuals who make professional presentations outside our school district and receive compensation for their work shall take Leave Without Pay approved by the Superintendent of Schools and their building principal. If the compensation is less than their current daily rate of pay, their pay dock shall not be greater than the difference between the compensation and their daily rate of pay. The following list is given as an example of the types of committees eligible for compensation but is not all inclusive. 1. Curriculum Standards Committees 2. Assessment/Early Warning Committees 3. Curriculum Alignment and/or Content Review Committees 4. Evaluation Procedure Committee

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ARTICLE XXI RETIREMENT

RETIREMENT

A. Certified staff, who meet the qualifications for retirement under the Kansas Public Employees Retirement System (KPERS) and retire from KPERS for the end of the current contract year and notify the superintendent of schools in writing of their impending retirement at the end of the school year in which retirement is desired, will be compensated for early notification as follows:

Notification by: Incentive Pay December 1 $750 Incentive pay for early notification will be included in the employee’s last district paycheck of the retirement year.

B. Certified staff, who meet the qualifications for retirement under the Kansas

Public Employees Retirement system (KPERS) and retire from KPERS at the end of the current contract year shall receive $25 for each unused sick day up to a 120 day maximum accumulation if the retiree has had 10 years or more of continuous employment in USD 437. The following stipulations apply:

• Employees may count two (2) years of .5 employment as one (1) year of full time employment.

• If an employee has extenuating circumstances in regard to “continuous full time employment” an appeal can be made to the Board of Education.

C. No other leave shall have any cash value.

RETIREMENT BENEFITS EFFECTIVE JULY 1, 2017 A. Eligibility An employee is eligible for the retirement benefit if such employee:

1. is currently a full-time employee of USD 437 2. has 20 years or more of continuous full-time employment service with

USD 437. If an employee has extenuating circumstances in regard to “continuous full-time employment”, an appeal can be made to the Board of Education.

In the event an employee has been designated as a .5 employee during

those 20 years of continuous employment, they can count 2 years of .5 employment as 1 year of full time.

3. is at least fifty-five (55) years of age and retiring from KPERS pursuant to

state statute.

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B. Application An employee may apply for the retirement benefit by giving written notice to the Board of Education on or before May 10, of any calendar year. The effective date for retirement shall be June 30 of the employee’s current contract year.

C. Benefits • One time lump sum payment in the amount of $12,000 paid by July

15th. OR

• Employee may request contribution to a 403(b) plan. D. The retirement benefit deposit notice shall be mailed to the retiree's current address unless the USD 437 Administrative Office is notified otherwise in writing.

HEALTH BENEFITS A. Eligibility Employees in Unified School District No. 437 may participate in the district’s health insurance program at retirement if they meet all of the following conditions:

1. is currently a full-time employee of USD 437 and is enrolled in the Health Benefits program during their final year of employment.

2. has 10 years or more of continuous full-time employment service with USD 437. In the event a staff member has been designated as a .5 employee during those 10 years of continuous employment, they can count 2(two)

years of .5 employment as 1 (one) year of full time. If an employee has extenuating circumstances in regard to “continuous full-time employment”, an appeal can be made to the Board of Education.

(Note: Employees hired new to the district as of June 30, 2013, must have 20 years of service to receive health insurance benefits.)

3. is at least fifty-five (55) years of age. 4. must retire from KPERS pursuant to state statute. B. Benefits 1. Retiree will continue to receive a health benefit amount equal to the amount paid by the Board during the contract period in which the employee retired equal to the cost of a single premium on the Basic Plan or the Board of Education approved amount, whichever is less. If the retiree chooses a different Board of Education approved Health Insurance Plan, the retiree may receive the Board of Education approved contribution in effect at the time of retirement. This benefit may be

paid for a maximum of five (5) years commencing in the year of retirement.

2. At the end of five (5) years, the employee may stay in the district's health insurance program until he/she is eligible for medicare benefits by paying

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his/her own premium. Dependents may be covered on the employee’s health insurance plan until the dependent is eligible for medicare benefits. 3. The employer may charge up to 125 percent of the annual premium. 4. When the retired employee becomes covered or becomes eligible to be covered under a plan of another employer, his/her eligibility will cease with USD 437's group health plan. 5. If a retired employee drops coverage with the USD 437 group health plan, he/she shall not be eligible for membership in the future. C. Required additional premium payments will be paid to the District's Business Office in advance. Payments will be for three month periods. Payments will be due July 1st, October 1st, January 1st and April 1st of each year.

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ARTICLE XXII PAYROLL

A. The Board hereby agrees that payments to all employees will be delivered in envelopes or in a sealed Advice of Deposit. B. The Board hereby agrees to provide staff an opportunity before September 15th each year to sign up for payroll deductions and receive information about available benefits. C. The Board agrees to deposit employees credit union payroll deductions by the close of the business day on the 5th of each month, payday. The Board further agrees to transmit funds to the annuity companies by the close of the business day on the 5th of each month, payday. It is further agreed that the cut off date for ending the period for the immediate prior month shall be selected in order to accomplish the above provisions. D. The Board agrees to distribute payroll checks on the 5th day of each month. In the event the 5th falls on a weekend or on a legal holiday, payroll will be distributed the last school day before the 5th. E. Advance Payment - Teachers new to the district who have been approved by the first August Board of Education meeting may elect to receive a $1,000 advance from their first regularly scheduled September paycheck. Payments will be issued the day following the second August Board meeting. The advance will be deducted from their first paycheck. F. Summer Checks –Staff may elect to receive a lump sum payment for July and August which will be mailed or direct deposited prior to June 30. If an employee chooses to receive a check in July and a check in August, those payments or direct deposit stubs will be mailed to the employee’s home address in July and August, on the 5th of each month. G. The Board will provide a direct deposit option for employees hired before July 1, 2005. All certified employees hired after July 1, 2005, will be paid by direct deposit. The Business Office may waive this requirement for extenuating circumstances.

ARTICLE XXIII ACTIVITY TICKETS FOR EMPLOYEES

Upon request to the building principal, all employees will be given a District pass which will admit the employee and one (1) other adult guest, and a second District pass which will admit the employee’s children when accompanied by the employee to all school activities (except fine arts productions and those activities sponsored by the KSHSAA which prohibits the use of local passes).

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ARTICLE XXIV EMPLOYEES’ RIGHTS

1.) AWNEA recognizes the right of the Board to discipline its professional employees. 2.) Discipline shall be progressive and appropriate to the severity of the infraction. 3.) The Superintendent of Schools may suspend professional employees from duty. Such suspension shall be immediately reported to the Board. Professional employees may be suspended and subsequently discharged for behavior that endangers the safety of students or staff, neglect of duty, violation of professional ethics, unprofessional conduct, insubordination, physical or mental incapacity, or other conduct which substantially interferes with continued performance of duties. In case of a suspension, the professional employee shall, during the term of suspension, continue to receive regular compensation and other benefits as his/ her contract indicates until otherwise terminated through due process as may be required by law. If the safety of students or staff is of concern or if the alleged conduct substantially interferes with the continued performance of duties, the professional employee may be removed from the classroom or building during the course of the investigation. After an investigation, should the grounds for removal prove to be unsubstantiated, the professional employee shall be reinstated. 4.) No suspension or discipline shall occur without an appropriately substantive investigation. 5.) Any investigation that leads to disciplinary action shall include a meeting with the professional employee in question. If an administrator calls a meeting with the intent of discussing disciplinary action, he/she shall provide the professional employee with 24-hour notice of the purpose and the topic of the meeting. The professional employee may choose to be accompanied by a representative and will be given the opportunity to respond to any charge prior to any disciplinary action being taken. After an investigation, should the supervisor determine that the infraction did occur, he/she will work with the Executive Director of Human Resources and Operations and/or the Superintendent to determine the most appropriate action. 6.) Written Reprimand – When a decision has been made by the supervisor to reprimand or discipline an employee in writing, and a written statement is to become a part of the employee’s personnel file in the Central Office, the supervisor shall give the employee forty-eight (48) hours prior notice of a meeting wherein the employee shall hear and may respond to the supervisor’s decision.

At said meeting the employee and the supervisor may have in attendance a person of their respective choice. At least twenty-four (24) hours prior to the meeting each party (employee and supervisor) shall give the other party written notice or notice by electronic mail if another person will be present and their identity.

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Fair Dismissal of Teachers (Non-renewal or Termination) For the first five (5) years of professional employment with the district, Professional Employees are considered probationary and may be non-renewed prior to the statutory deadline for any reason. Starting in year six (6) of teaching with the district, Professional Employees shall have earned non-probationary status. At its discretion, the Board may formally grant non-probationary status to any Professional Employee earlier. Staff who have been continuously employed with the district and have reached or exceeded year six (6) and are not on a Directed Professional Development Plan shall be considered non-probationary.

Non-probationary Professional Employees may be non-renewed for good cause, including persistent unsatisfactory performance, provided the evaluation process is followed appropriately. The non-probationary teacher’s evaluator may initiate an additional cycle at any time. Minor procedural mistakes shall not, however, excuse unacceptable job performance on the part of the teacher or delay prompt improvement to proficient levels of performance.

Good cause is defined as any reason put forward by the administration or board in good faith and which is not arbitrary, irrational, or irrelevant to the board’s goal of maintaining an effective school system. If the non-renewal is based on poor job performance, the district evaluation procedure shall be followed. The non-probationary teacher will be informed his/her performance is substandard and the full evaluation process will be utilized, including a measurable plan of improvement as contained in the Directed Professional Development Plan.

If the nonrenewal is based on other reasons, such as reduction in force, those separate procedures are outlined in Article XXVII.

Professional Employees who are non-renewed, shall be notified prior to the statutory continuing contract date. If the Professional Employee is non-probationary, the notification shall include the reasons for the nonrenewal. Upon receipt of notice of nonrenewal, the Professional Employee will have two weeks from the receipt of the notice to file a written request for a hearing with the Executive Director of Human Resources and Operations.

If the non-probationary Professional Employee requests a hearing, the parties shall, within seven work days, select a mutually agreeable hearing officer. If that is not possible, the hearing officer shall be selected by alternately striking names from either the KSDE list or the American Arbitration Association (AAA) list.

The hearing shall afford procedural due process. During the hearing, the basis for non-renewal shall be proffered by the district and the teacher may present his/her rebuttal. If more time or information is needed for an appropriate recommendation, it shall be allowed. Otherwise, the

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hearing is closed at the end of the presentations. The recommendation by the arbitrator shall be rendered in writing within 10 days.

It is the intention of the parties that the hearing officer recommendation be rendered prior to June 1 and all reasonable efforts should be made to accomplish that goal. The Board will take the Hearing Officer’s recommendation into consideration in Executive Session, when determining the matter.

No appeal of any kind is allowed.

The Professional Employee shall pay for his/her expenses, including any witnesses and/or representation. The cost of the hearing officer and all other costs shall be borne by the non-prevailing party of the hearing officer’s recommendation.

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ARTICLE XXV TRANSFERS

A. Employees may apply for a transfer to a specified or unspecified location or assignment for the following school year. B. Board will post all vacant building assignments electronically on the District’s website beginning with the first known vacancy and continue as vacancies arise. C. Employees desiring a transfer shall submit a written request to the Superintendent and/or Human Resources Director, stating the specific assignment or nature of the assignment and school or schools at anytime. The request must include the year in which the transfer is to be considered. D. In filling non-promotional vacancies occurring within the professional staff of the District, preference may be given to employees voluntarily requesting transfers under this Article. When boundary changes precipitate transfers, adoption of boundaries shall be the first step in the procedure.

1. Adoption of boundaries. 2. Determine projected sections per grade levels at all schools. 3. Determine positions to be reduced at all schools based on projections. 4. Notice of staff reductions anticipated at individual schools. 5. Accept voluntary transfer requests. 6. Process transfer requests and make appointments. 7. Complete staff reduction at individual schools under statutory and negotiated

procedures. 8. Complete staffing of all schools under district employment procedures as soon

as possible. E. When transfers are deemed necessary, the employee being transferred will be placed in a position for which they are qualified and insomuch as is possible in a position comparable to that for which they were hired. F. Whenever a transfer is deemed necessary, the personnel involved (teacher, principal, superintendent or designee) will meet together to discuss the transfer and/or options to work out the necessary arrangements. G. Should a transfer be unacceptable to the employee, he/she shall resign, on or within thirty (30) school days after the date of the notice of transfer.

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ARTICLE XXVI JOB SHARING

A. Job sharing will be limited to non-probationary teachers only. In rare instances, a probationary teacher with a minimum of three years full-time teaching experience may be used with the approval of the school principal and superintendent. B. The establishment of, or intent to discontinue, a job sharing assignment must be presented by the teachers involved to the building principal no later than March 1 of the school year prior to implementation. C. The building principal shall be responsible for approving and/or terminating an established job sharing assignment. Notification of terminating a job sharing assignment shall be given no later than February 15. Teachers may appeal the principal’s decision to terminate job sharing to the Superintendent of Schools within 10 days of the termination notice. This appeal will be in writing. The superintendent shall have final say on the termination appeal. The superintendent will give notice of appeal decision within 7 days to the building principal and the job sharing parties. D. Job share teachers shall be required to attend all inservice programs, conferences, parent/teacher conferences, and/or workdays as required by the building and/or district administration. Teachers will be compensated for all the above when it exceeds the confines of their regular duty day or contract. E. In the event a job share teacher requests full-time employment at the end of the job share year, they would be considered for a full-time position for which they are certified if one is available. One year of job sharing shall equal one year of teaching experience. F. Each teacher in job share who wishes to use the district health insurance shall receive benefits equal to one-half of those given a full time employee. G. During the job share period, sick leave, personal leave, and accumulation of leaves will be given at a rate of one-half of a full-time teacher. All sick leave and personal leave accrued prior to job-sharing shall remain available to the job-sharing teacher. H. Job-sharing teachers shall substitute, when possible, in the absence of the other job share teacher. I. Job share teachers shall attend staff meetings on an alternating basis or according to am/pm scheduling or at principal discretion.

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J. A standard form of communication shall be required between cooperating teachers concerning parental, student and staff communications. K. If a parent objects to their child being placed in a shared classroom, their request for alternate placement shall be honored. L. Concerns such as scheduling, plan time, field trips, IEPs and lunch shall be worked out between the building principal and the cooperating teachers.

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ARTICLE XXVII REDUCTION IN FORCE

If the Board of Education determines that a reduction in teaching staff is required to meet the educational goals and needs of the district, the following procedures shall be used. To determine the number of teaching positions to be reduced, the administrative staff will determine the educational program for the district in accordance with the educational goals established by the Board. 1. The Board shall first accomplish the reduction through normal attrition to the extent possible. 2. Should further reduction be necessary, the Board shall next release probationary teachers.

3. Non-probationary staff who are employed on a less than full-time contract shall be released before those non-probationary staff teaching full-time. 4. Further reduction in non-probationary staff shall be determined by the administrative staff based upon certification(s), qualifications, instructional training and skills, and years of experience. Prior to discharge, the Board shall attempt to place the employee(s) to be RIFFED in other teaching positions within the district if available. Professional employees will be notified by the Administration that they may be part of a reduction in force through a letter pursuant to state statute. This provision shall not be applied in such a manner as to adversely affect the balance of the staff with regard to race, sex, or age. Recall Procedures 1. Individuals who are discharged shall be offered recall in reverse order of discharge to vacant positions which they are certified to fill. 2. Recall will be initiated immediately upon the existence of a vacancy in the district. 3. No new hires from other than those who have been RIFFED shall be made by the Board while there are discharged employees available to fill the vacancies. Recall decisions shall be based on certification(s), qualifications, instructional training and skills, and years of experience. 4. No employee will lose his/her recall rights if he/she secures other employment during the discharge. 5. Any employee discharged shall be accorded recall rights unless specifically waived in writing.

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6. These recall rights shall cease after two years from the date of Reduction in Force.

7. The Board shall annually provide the association with a current list of those who have retained these rights. 8. Any recalled employee shall have reinstated all benefits such as salary

placement, accumulated sick leave, etc. earned prior to the RIF. In addition, said employee shall be given credit for any teaching, supervision, or administrative experience in a similar or like position during the period of RIF, after evaluation and verification by the Administration, for the purposes of negotiated salary he/she would have received had he/she not been RIFFED.

9. Certified employees who may be eligible for reemployment are required to notify the district of their current address.

10. Refusal of an offer to reinstate shall result in cessation of all recall rights. 11. An individual who feels his/her recall rights have been violated may appeal to

the board of education within the two-year period stated above.

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ARTICLE XXVIII JOB CONNECTED INJURY/ASSAULT

Workers Compensation A. All employees of the district shall be covered by workers compensation. Workers compensation coverage is provided for all employees regardless of assignment, length of assignment, and/or hours worked per day. Benefits are for personal injury from accident, assault or industrial diseases arising out of and in the course of employment with the district. A mandatory drug test will be administered at St. Francis Hospital for all workers’ compensation injuries that require medical attention. B. The workers compensation plan will provide coverage for medical expenses and wages to the extent required by statute to those employees who qualify. When an employee is injured, except in cases of assault, he/she will use available sick leave to cover his/her absence. If the employee qualifies for workers compensation wages, his/her sick leave account will be reinstated for sick leave days used during the injury in the ratio of workers compensation pay to his/her regular daily rate of pay. The wages of the next paycheck will be docked in an amount equal to the workers compensation pay received. an employee qualified for workers compensation who is off work and eligible to draw benefits under this article shall receive 100 percent (100%) of the daily rate of the day(s) of salary lost by using a combination of accumulated sick leave if s/he has sufficient days(s) accumulated} and workers compensation benefits. In no case shall an employee receive more than 100 percent (100%) of the daily rate of pay for the days benefits are paid. C. Any employee who is off work and drawing workers compensation shall be required to provide the business manager with a written doctor’s release before the employee is allowed to return to work. In addition, should the employee be released to return to work by the doctor and fail to do so, all benefits under the sick leave shall be ended and those benefits under workers compensation shall be restricted as provided by current statute. Assault A. Any employee who is serving in an official capacity for the school district and is assaulted by a student, parent, another employee, or outside intruder and, as a result of such injury, has a loss of time in performing his/her duties shall not lose pay or sick leave because of such incident. B. The Board of Education will reimburse any employee for clothing or personal property damaged, destroyed or stolen as a result of violence, assault, or physical abuse sustained in the course of his/her employment. C. The maximum reimbursement paid by the district for items damaged, destroyed, or stolen by such act shall not exceed $750 per incident. Reimbursement for losses in excess of $750 will be covered to the extent allowable under the District’s insurance policy. D. Eyeglasses will be reimbursed to the extent allowable under the District’s workers compensation insurance policy.

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ARTICLE XXIX PERSONAL PROPERTY LOSS

The Board of Education takes the position that all equipment essential to instruction in the classroom should be provided by the school district. If, however, the building principal and the teacher mutually agree that the use of the teacher's personal property in the classroom would be beneficial to the instructional process, the personal property may be brought to the classroom. If the property is damaged or destroyed due to non-preventable theft, vandalism, accidental breakage or a natural disaster, the district would reimburse the teacher in an amount equal to the deductible for a claim covered under the teacher's homeowner insurance policy up to a $500 maximum. A claim must be filed under the employee’s homeowner’s or renter’s insurance policy if the loss is more than the policy deductible in order to be eligible for reimbursement. If the claim is less than the teacher’s deductible and a claim is not warranted, the teacher shall submit a photograph of the damage if possible to his/ her building administrator with a brief explanation as how it was lost or damaged. It will be the responsibility of the licensed employee to provide his/her administrator with an inventory of the personal items he or she wishes to have covered. This inventory must be signed and dated by the licensed employee and provided to the building administrator by September 1 of each year. Any additions or deletions to this inventory during the school year must be submitted to the building administrator. This inventory will identify the personal property being used. To qualify under this Article, the personal property must be insured by the teacher.

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ARTICLE XXX MAINTAINING DISCIPLINE

A. While in the course of his/her employment, an employee may use reasonable physical force against a pupil to protect himself/herself, to protect others, to prevent the destruction of property, or to prevent any illegal overt act on the part of the pupil. B. The Board recognizes its responsibility to give all reasonable support to employees to maintain control and discipline in our schools. C. When the Board determines that the employee was acting within the scope of his/her employment, the Board will provide legal counsel at its expense for an employee in connection with incidents covered in Article XXIX "A" above. In addition, should the employee be determined to be legally responsible to a third party or action is settled (out of court) with the Board's approval in connection with any such incident, the Board will indemnify such employee, provided that both indemnity and legal counsel are covered under the provision of the Board's liability insurance policies. D. The District's insurance advisor will provide a summary of the Board's liability insurance policy with input from the Association at the opening orientation. A copy of the summary will be e-mailed to all certified staff.

ARTICLE XXXI STUDENT DISCIPLINE

A. If a student is a detriment to the education process, the employee may have the student removed temporarily if, in the professional judgment of the employee and administrator, no other course of action is satisfactory. When a student is removed from the employee’s classroom, he/she is then in the custody of the principal or appropriate administrator. B. When a student is removed temporarily, the principal may readmit him/her to the employee’s classroom after consultation with the employee. C. The permanent removal of a student from class or school shall be subject to the due process as it pertains to students and their rights.

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ARTICLE XXXII THIRD PARTY COMPLAINTS AND EMPLOYEE FILES

A. Employee files shall be open to the inspection of the employee and any person s/he designates at all times. B. Any complaints regarding a professional employee made to an administrator by any parent or other person shall be promptly called to the professional employee's attention and the name of the complainant will be disclosed, unless the immediate safety of students or staff members are involved. The professional employee shall receive a copy of any complaint unless oral in which case a record of the complaint will be provided if a record will be kept. The professional employee shall have an opportunity to answer the complaint. The professional employee's written response will be communicated to the complainant and be attached to any retained written record of the complaint. The retention in the employee's files of any oral or written complaints concerning alleged acts by any employee may be the subject of a grievance to determine the truth of the facts and merit of the complaint. The complaint may be amended to remove unsubstantiated facts and removed and destroyed if not substantiated. C. If a complaint is not used as a basis for action against the employee within two contract periods, it shall be removed and destroyed. However, written or recorded complaints dealing with matters of moral turpitude may remain in the employee's file during their entire tenure with USD 437.

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ARTICLE XXXIII PROCEDURES FOR ADJUSTING GRIEVANCES

A. The purpose of this procedure is to provide for the orderly and expeditious adjustment of grievances of individual employees of the District at the lowest level. B. Definition: Grievance shall mean any alleged violation of the terms and conditions of an employee's contract of employment. C. Procedures: 1. In General: The adjustment of grievances shall be accomplished as rapidly as possible. The number of days within which each step shall be considered as maximum, and every effort shall be made to expedite the process. Under unusual circumstances, the time limits prescribed in this statement may be extended or reduced by mutual consent of the employee and the person or persons by whom the grievance is being considered. 2. Level 1: An employee shall first state the grievance (in writing) with the immediate supervisor in private, formal conference. At the initial private conference with the immediate supervisor, the employee shall be entitled to be accompanied by any USD 437 district professional employee of their choice who may serve in an advisory capacity. 3. Level 2: If the employee is not satisfied with the disposition of the grievance at Level 1, or if no decision is reached within ten (10) school days after the presentation of the grievance, he/she may appeal the matter in writing to the Superintendent. If the employee appeals the grievance to the Superintendent, the Superintendent or the designated representative shall confer with the employee in an effort to arrive at a satisfactory solution within ten (10) days after the appeal has been received. If the employee does not appeal the grievance to the Superintendent within thirty (30) school days after the formal conference at Level 1, the appeal to the Superintendent shall automatically be waived. 4. Level 3: If the grievance is not adjusted to the satisfaction of the employee, or if no decision is made thereon within twenty (20) school days after the date the grievance was filed with the Superintendent or the designated representative under Level 2, then the employee may appeal the grievance to the Board for the purpose of final adjustment of the grievance by submitting a written request to the Clerk of the Board within ten (10) school days after the Superintendent or the designated representative has rendered a decision or after the expiration of said twenty (20) school days. The Board shall, within thirty (30) school days after receipt of the written request, meet and confer with the employee and render a written decision which will be the final disposition of the grievance. If the Board or any of its administrative staff do not present a written decision or written notice of a necessary extension within the time allotted after the grievance hearing, such failure to act shall be an admission that the grievance was justified and the employee shall receive the remedy sought.

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D. Supplemental Conditions: 1. All individuals involved, are authorized to testify with full assurance that no reprisal will follow. 2. All documents, communications, and records dealing with the processing of a grievance will be filed in a separate grievance file and will not be kept in the personnel file of any of the participants. Records will be maintained for the minimum number of years required by law and then destroyed. 3. At each step of the procedure for adjusting grievance after the initial private conference(s) with this immediate supervisor, the employee shall be entitled to be accompanied by other employees who might contribute to the acceptable adjustment of the grievance and/or to be represented by counsel of his/her choice. 4. All grievance hearings shall be confidential. 5. All hearings shall be conducted at times other than when school is in session. 6. Only the employee affected may file a grievance or an appeal from Level 1 and 2. 7. The filing of a grievance at all levels shall be in writing and shall be reasonably specific as to the nature of the complaint. The grievance should describe the alleged event or act giving rise to the grievance including the time, place and date of the event or act and the names and addresses of any witnesses thereto.

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ARTICLE XXXIV PROBATIONARY PROCEDURE FOR NON-PROBATIONARY EMPLOYEES

Some dismissals of non-probationary employees may be avoided if the following procedure is followed: A. A written description using the Notification of Unsatisfactory Performance found in Article XXXV will be given the tenured employee by the principal and superintendent or other school personnel designated by the administration. The period for remediation, for the correction of said deficiency(s), will be such that the improvement can be made within a time frame mutually agreed upon by the employee and administration and recorded on the Directed Professional Development Plan. B. When a principal, vice principal, or Executive Directors , observe a non-probationary employee to be deficient in his/her job performance, additional written evaluations shall be made using the Evaluation Instrument. C. When the probation period is completed the superintendent, principal, and non-probationary employee shall meet within ten (10) school days. The intent of this meeting is to advise the non-probationary employee of his/her status concerning future employment with the District. D. If the probation procedure fails to produce the desired results to the satisfaction of the principal or other personnel designated by the administration, upon their recommendation the Board may then issue a dismissal notice to said non-probationary employee.

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ARTICLE XXXV CERTIFIED STAFF MEMBER APPRAISAL PROCESS

Certified staff members (counselors, librarians, instructional facilitators, psychologists, social workers, speech-language pathologists, and teachers) shall receive a copy of their respective appraisal tool in an information packet or on the Auburn-Washburn staff website. The appraisal tool and process shall be explained by the building principal or designated evaluator. Philosophy Research has confirmed that teacher quality is one of the strongest predictors of student success. Ensuring great teaching through a system of appraisal and accountability is one of four research-based practices for guaranteeing high-quality instruction in every classroom (Goodwin, 2011). Essential to a highly effective human capital strategy is a system that defines, promotes, and supports the knowledge and skills required of teachers to improve teaching and learning. The appraisal process identifies standards which promote the high performance of certified staff in the Auburn-Washburn School District. It supports the development and enhancement of professional skills and knowledge of all staff and guarantees the consistent use of research-based strategies in each school (Marzano & Waters, 2009). This includes ongoing dialogue and collaboration between the administrator and certified staff member. Collaboration between the administrator and staff member regarding the formation and review of professional growth goals should be at the heart of the process. Outcomes The appraisal process will:

1. Facilitate the development of plans geared toward ongoing professional growth, 2. Develop and promote standards of teaching excellence consistent with the

mission of the district and schools, 3. Support state and district educational goals and outcomes, 4. Build community confidence and support for the professionals and the mission of

the district, 5. Support district and state policy related to teacher performance expectations,

status, and continued service, and 6. Fulfill the requirement of Kansas statutes.

The McREL CUES Framework The research-based instructional model used in the Auburn-Washburn teacher appraisal process is based on the McREL CUES Framework. Foundational to the framework is the consistent use of nine high-yield strategies that have a statistically significant effect on student learning (Dean, Stone, Hubbell, & Pitler, 2012). The McREL CUES framework aligns with nationally recognized Interstate Teacher Assessment and Support Consortium (In TASC) teacher performance standards (Council of Chief State School Officers, 2011). The framework is organized into four components, each containing a number of elements that broadly define what teachers

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should know and be able to do. Each element is described using a rubric to provide detail to the knowledge, skills and dispositions required of teachers to positively impact student achievement (McREL, 2013). The Auburn-Washburn appraisal process for instructional facilitators, counselors, librarians, psychologists, speech-language pathologists, and social workers is based on standards from the 21st century teaching standards used in McREL’s Teacher Evaluation System. These standards are aligned with national standards for teaching. The system is designed to promote effective, high quality teaching, and student learning while enhancing professional practice through a collaborative process of professional reflection and goal setting. Each group of certified staff members use a rubric that includes four standards taken from the McREL Teacher Evaluation System and one standard that is specific to the group’s area of professional practice and is aligned to national professional standards for that discipline. Instructional Facilitators The appraisal process for instructional facilitators recognizes the critical role of coaching and collaboration. The process uses a rubric that promotes a deep understanding of content, the change process, systems building, adult learning, and leadership articulated in standards and attributes derived from the research of Robert Marzano and the Mid-continent Research for Education and Learning (McREL, 2013). School Counselors The appraisal process for school counselors uses a rubric based on The Kansas Comprehensive School Counselling Program provided by the Kansas State Department of Education (KSDE). The performance standards and criteria are taken from the Guidelines for Performance Based Professional School Counselor Evaluation, and describe the critical components and roles of school counselors, and promote the implementation of comprehensive developmental guidance programs (KSDE, 2009). School Librarians The appraisal process for school librarians uses a rubric based on the American Association of School Librarians (AASL) standards. The standards articulate how librarians curate relevant multi-media texts to support student learning, collaborate across disciplines, and encourage inquiry that includes diverse perspectives. The school library provides an interdisciplinary center where students and teachers explore connections across subjects, preparing them to engage in rich, responsible lives as citizens, workers, and scholars beyond the school (AASL, 2011). School Psychologists The appraisal process for school psychologists uses a rubric based on the National Association of School Psychologists (NASP) standards. These standards are a unified set of national principles that guide the professional practices of effective school psychologists. The rubric consists of five standards. The indicators define contemporary school psychology and promote comprehensive and integrated services for children, families, and schools (NASP, 2010).

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School Social Workers The appraisal process for school social workers uses a rubric based on the National Association of Social Workers (NASW) standards. These standards represent evidence-based practices, ethics, and values for school social workers within the context of educational policy, research, and practice models. The rubric defines priorities and describe the role of school social workers as they coordinate the efforts of schools, families and communities (NASW, 2012). Speech-Language Pathologists The appraisal process for speech-language pathologists uses a rubric based on guidelines and the code of ethics provided by the American Speech-Language-Hearing Association. The rubric articulates the speech-language pathologist’s role for providing comprehensive communication identification and intervention services for students that are developmentally supportive and promote children's participation in their natural environments, culturally responsive, and evidence based (AASHA, 2015). General Provisions 1. Certified staff members in Auburn-Washburn will be evaluated using the

appraisal process criteria adopted by the Board of Education. 2. Evaluation is an ongoing process and encompasses the totality of a certified staff

member’s performance and employment expectations. 3. Certified staff members will be assigned an evaluator by the Executive Director of

Human Resources and Operations. 4. Certified staff members who are assigned to more than one building will be

evaluated by the building principal or supervisor designated as the evaluator by the Executive Director of Human Resources and Operations. When completing the appraisal process, the evaluator will consult with other administrators and supervisors to whom the staff member is assigned.

5. Kansas state statute outlines requirements for the frequency of evaluation for certified staff members. That schedule is as follows: a. Certified staff members in the first two consecutive years of employment in

the district are formally evaluated one time per semester, prior to the 60th day of each semester. i. A newly hired staff member with a starting employment date before

October 1 will be evaluated by the 60th day of the first semester. ii. A newly hired staff member with a starting date between October 1

and the end of the first semester will be evaluated at the discretion of the administration during the first semester.

iii. A newly hired staff member with a starting date between January 1 and March 1 will be evaluated by the 60th day of the second semester.

iv. A newly hired staff member with a starting date after March 1 will be evaluated at the discretion of the administration during the second semester.

b. Certified staff members in the third and fourth consecutive years of employment in the district are formally evaluated one time per school year, not later than February 15th.

c. After the fourth consecutive year of employment certified staff members are formally evaluated every three years, not later than February 15th.

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6. The appraisal process includes evaluation rules regarding transfer, resignation and rehire: a. When a certified staff member resigns and is rehired with no break in

employment, and is still teaching in the same building and/or endorsement area, the staff member will stay on the same evaluation schedule.

b. When a certified staff member resigns and is rehired with no break in employment, but teaching in a new building and/or endorsement area, the staff member will start over on the evaluation schedule.

c. When a certified staff member resigns and is rehired after at least one school year has passed, the staff member will start over on the evaluation schedule.

d. When a certified staff member transfers to a new building and/or endorsement area, the staff member will be evaluated during that year. At the end of the year a decision will be made whether to return back to a regular evaluation schedule or continue with the new evaluation schedule.

7. Certified staff members will be assigned an evaluation cycle that coincides with the number of years of employment with Auburn-Washburn. This system allows for differentiated procedures for staff members at different points in their professional careers and with differing levels of experience in the district. A certified staff member may be assigned a different evaluation cycle by the evaluator in consultation with the Executive Director of Human Resources and Operations. Evaluation cycles are described below.

8. The evaluator may initiate an additional evaluation cycle at any time. 9. The signature of the certified staff member acknowledges only that an evaluation

conference was held and that the staff member has received a copy of the written summative evaluation. The signature does not necessarily indicate agreement with the contents. The staff member may attach to the written summative evaluation additional information in the form of support material or a written rebuttal within fourteen (14) calendar days after receiving the written summative evaluation. Such additional information must be submitted to the evaluator within this time limitation.

10. Evaluation documents shall be available only to such persons as are authorized by Kansas law to examine such documents. Such persons are identified in state statute as the “the evaluated employee, the board, the appropriate administrative staff members designated by the board, the school board attorney upon request of the board, the state board of education as provided in state statute, the board and the administrative staff of any school to which such employee applies for employment, and any other person specified by the employee in writing to his or her board.

11. All evaluations shall be provided to the Executive Director of Teaching and Learning by the evaluator no later than five working days after the evaluation statute completion dates as noted herein. All evaluations and supporting documents shall be maintained in the certified staff member’s file.

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Evaluation Procedures The appraisal process includes the following products/procedures that are described below for each evaluation cycle: a. Orientation to the appraisal process, b. Staff member reflection and self-assessment, c. Professional growth goals for Cycles B and C that:

i. are related to a component and/or element(s) from the appraisal rubric, ii. are documented and monitored for progress, iii. are designed to positively impact student achievement, iv. include at least two but no more than three goal areas, one of which may

be shared with a group or building, v. include at least one SMART goal (Specific, Measurable, Agreed upon,

Realistic, Time sensitive), vi. are monitored for progress using evidence and data collected in digital

form, and vii. may be carried over from cycle to cycle.

d. Formal observations conducted by the administrator that: i. are at least 30 minutes in length, ii. may be pre-arranged or unannounced, and iii. may exceed the minimum number of observations required by each cycle

at the discretion of the evaluator or as agreed upon by the certified staff member and the evaluator.

e. A written summative evaluation provided in a face to face evaluation conference. NOTE regarding c vi: Certified Employees will collect relevant artifacts that

support their practice. Care should be taken to choose samples that are pertinent and concise. A few tightly aligned samples that clearly and obviously demonstrate an element are sufficient. Quality over quantity should be the standard.

Evaluation Cycles: The certified appraisal process uses the evaluation tools differently for certified staff members who are on different evaluation cycles (General Provisions #7). Cycles A and B for teachers utilize a modified Instructional Framework rubric tool that contains eight of the twenty- three elements of the rubric. Cycles A and B for certified staff members who are counselors, librarians, instructional facilitators, psychologists, social workers, and speech-language pathologists use the complete rubric for each respective discipline. Cycle A: This set of procedures is designed to support certified staff members in the first two years of employment with the district. 1. The procedures for Cycle A for the first semester are:

a. Orientation meeting with the evaluator to be held prior to September 1. b. Self-Assessment using the designated rubric to be completed by the

certified staff member and shared electronically with the evaluator prior to September 15.

c. Pre-Observation Conference scheduled by the evaluator and completed prior to October 1.

d. One or more, 30 minute formal observations using the designated rubric. e. According to Kansas statue, the evaluation must be completed prior to the

60th day of the first semester. The date the written summative evaluation

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document is provided to the certified staff member will serve as the completion date for the purposes of statutory compliance. The first semester written summative evaluation may be accomplished by using a compilation of written observation(s) completed during the first semester. In order to ensure that this timeline is met, the evaluator shall schedule the evaluation conference prior to the 60th day of the first semester. The certified employee will generate an electronic signature within two school days after the evaluation conference.

2. The procedures for Cycle A for the second semester are:

a. Additional 30 minute observations to total at least four for the school year using the modified rubric.

b. Data collection using the modified written summary evaluation, including but not limited to attachments collected by the certified staff member and reviewed by the evaluator.

c. The written summary evaluation document is completed by the evaluator using data and professional judgment. The evaluation includes suggestions for areas for professional growth. The date the evaluator provides the teacher with written summative evaluation document will serve as the completion date for the purposes of statutory compliance.

d. The summary evaluation conference shall use the modified written summary evaluation. The evaluator shall schedule the summary evaluation conference prior to the 58th day of the first semester. The certified staff member will generate an electronic signature within two school days after the evaluation conference.

Cycle B: This set of procedures is designed to support certified staff members in the third and fourth consecutive years of employment with the district 1. The procedures of Cycle B are:

a. Orientation meeting with the evaluator to be held prior to September 1. b. Self-Assessment using the designated rubric to be completed by the

certified staff member and shared electronically with the evaluator prior to September 15.

c. Professional goals established that are aligned to Instructional Framework components and/or elements. Professional Development Plan (Individual, Monitored or Directed as described below) is used to document goals and is to be completed by the certified staff member and shared electronically with the evaluator prior to Sept 15.

d. Pre-Observation Conference scheduled by the evaluator and completed prior to October 1.

e. Two or more, 30 minute formal observations using the designated rubric. f. Data collection using the designated rubric, including but not limited to

attachments collected by the certified staff member and reviewed by the evaluator. The certified staff member will collect data to provide evidence of progress towards the completion of the goals and document that progress on the Professional Development Plan.

g. The written summary evaluation document is completed by the evaluator using observation data, evidence of progress toward the completion of goals, and professional judgment. The evaluation includes suggestions for areas for professional growth. The date the evaluator provides the teacher

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with written summative evaluation document will serve as the completion date for the purposes of statutory compliance.

h. The summary evaluation conference shall use the summary evaluation document and include a professional development plan review. In order to ensure that the regulatory timeline is met, the evaluator shall schedule the summary evaluation conference prior to February 15. The certified staff member will generate an electronic signature within two school days after the evaluation conference.

Cycle C: This set of procedures is designed to support certified staff members who have been employed for more than four consecutive years. The evaluation may be focused on elements that are identified for attention on the Self-Assessment, the Professional Development Plan and/or in collaboration between the certified staff member and the evaluator. These collaborative decisions will be made during the initial pre-observation conference. 1. The procedures of Cycle C are:

a. Orientation meeting with the evaluator to be held prior to September 1. b. Self-Assessment using the designated rubric to be completed by the

certified staff member and shared electronically with the evaluator prior to September 15.

c. Professional goals established that are aligned to Instructional Framework components and/or elements. The Professional Development Plan (Individual, Monitored or Directed as described below) is used to document goals and is to be completed by the certified staff member and shared electronically with the evaluator prior to Sept 15.

d. Pre-Observation Conference scheduled by the evaluator and completed prior to October 1.

e. Two or more, 30 minute formal observations using the full observation rubric. Observations may focus on elements that align with the certified staff member’s professional goals. Other observational data may be collected.

f. Data collection using the designated rubric, including but not limited to attachments collected by the certified staff member and reviewed by the evaluator. The certified staff member will collect data to provide evidence of progress towards the completion of the goals and document that progress on the Professional Development Plan.

g. The written summary evaluation document is completed by the evaluator using observation data, evidence of progress toward the completion of goals, and professional judgment. The evaluation includes suggestions for areas for professional growth. The date the evaluator provides the teacher with written summative evaluation document will serve as the completion date for the purposes of statutory compliance.

h. The summary evaluation conference shall use the summary evaluation document and include a Professional Development Plan review. In order to ensure that the regulatory timeline is met, the evaluator shall schedule the summary evaluation conference prior to February 15. The certified staff member will generate an electronic signature within two school days after the evaluation conference.

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Professional Development Plans: are used to guide collaborative goal setting. The level of autonomy with regard to goal setting is determined by the certified staff member’s assigned evaluation cycle and most recent evaluation rating. 1. Individual Professional Development Plan

a. Every certified staff member who is rated at least Proficient on all the components on the written summary evaluation will develop an Independent Professional Development Plan to improve personal performance and attain goals in areas individually or collaboratively identified.

b. The plan shall include the certified staff member’s goals as described in Evaluation Procedures #3 above, activities designed to accomplish the goals, and evidence of progress toward the goals.

c. The evaluator may collaborate and provide input on the Individual Professional Development Plan.

2. Monitored Professional Development Plan a. A certified staff member shall be placed on a Monitored Professional

Development Plan whenever the staff member has been rated Developing on one or more standards on the written summary evaluation and is not recommended for dismissal, demotion or nonrenewal.

b. A Monitored Professional Development Plan will be developed jointly by the certified staff member and the evaluator and will, at a minimum, identify the standards and elements to be improved, the goals to be accomplished, the activities the staff member should undertake to achieve Proficiency, and a timeline which allows the staff member one school year to achieve Proficiency.

3. Directed Professional Development Plan a. For the purpose of improving the quality of performance, any certified staff

member identified as needing assistance, or who has been rated Developing on the same one or more standards on the written summary evaluation for two sequential years may be placed on a Directed Professional Development Plan.

b. The certified staff member’s evaluator shall identify standards and elements to be improved, the goals to be accomplished, the activities the staff member needs to complete to achieve Proficiency, and a timeline for achieving Proficiency within one school year or less.

c. The evaluator will provide formative assistance which may include the following or some comparable alternative: i. Visitation of classroom teachers within the district or the Topeka

area who have strengths in the noted area needing improvement. ii. Selection of a professional mentor or peer coach who will work with

the staff member and give guidance and suggestions for improvement.

iii. Opportunities to participate in workshops or seminars designed for professional growth within the district’s reasonable ability to fund. Reasonable district funding and professional leave shall be available to the staff member.

Notification of Unsatisfactory Performance The Directed Professional Development Plan may be accompanied by the written Notification of Unsatisfactory Performance found in this agreement.

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References American Association of School Librarians. (2011). Empowering Learners: Guidelines for School Library Programs American Speech-Language-Hearing Association. (2015) Code of Ethics Council of Chief State School Officers. (2011). InTASC model core teaching standards: A resource for state dialogue. Davis, T. (2013). McRel’s research-based teacher evaluation system: The CUES framework. Goodwin, B. (2011). Simply better: Doing what matters most to change the odds for student success. ASCD. Marzano, R. J., & Waters, T. (2009). District leadership that works: Striking the right balance. Solution Tree Press. National Association of School Psychologists. (2010). Model for Comprehensive and Integrated School Psychological Services. National Association of Social Workers. (2012). NASW Standards for School Social Work Services. Carbaugh, B., Marzano, R. J., & Toth, M. (2013). Marzano Center Non-Classroom Instructional Support Member Evaluation Form. Learning Sciences International. West Palm Beach, FL North Carolina State Board of Education Department of Public Instruction. (2013). Rubric for Evaluating North Carolina’s Instructional Technology Facilitators. Raleigh, NC. Williams, J., Cameron, G., & Davis, T. (2009).McREL's Principal Evaluation System. Mid-continent Research for Education and Learning. Denver, CO.

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Appraisal Procedures

TASK

Timeline Person Responsible

1. ORIENTATION: (Cycles A, B, and C)

1a. All certified staff members who are scheduled for evaluation review the Self-Assessment rubric, the Individual Professional Development Plan (Cycles B and C only) and the Teacher Evaluation Summary Form.

1b. Review procedures/rubrics and the digital system, observations, and the procedure for selecting artifacts.

1a. By Sept.1 1b. By Sept.1

1a. Principal 1b. Principal Supervisor Evaluator

2. BEGINNING OF THE YEAR GOAL SETTING: (Cycles B and C) only.

2a. The certified staff member completes his/her Self-Assessment in the Appraisal system, identifying areas of strength and areas for professional growth. Artifacts to support the standards should be as objective as possible and be uploaded into the digital system. certified staff members are encouraged to utilize a digital file to store artifacts for ease of uploading them into the evaluation system’s artifact library.

2b. The certified staff member develops Professional Development Plan for goal areas identified by the Self-Assessment. (The same plan may be documented for the purpose of earning professional development points.)

2c. The certified staff member electronically shares the Self -Assessment and Professional Development Plan with his/her evaluator.

2a. By Sept.15

2b. By Sept.15

2c. By Sept.15

2a. Certified Staff Member

2b. Certified Staff Member

2c. Certified Staff Member

3. PRE/POST OBSERVATION CONFERENCE: (Cycles A, B, and C)

3a. Evaluator reviews the Self-Assessment and Professional Development Plan with the certified staff member.

3a. By Oct.1

3a. Evaluator and Certified Staff Member

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3b. For elements not aligned with the Professional Development Plan, the staff member and administrator will determine which must be observed through artifacts, which may be observed through observation, and which do not require evidence at that time.

3c. The staff member and administrator review the observation process including the minimum number and length of observations, the digital sharing of the observation rubric, and the subsequent post-observation conferences if requested.

3d. Post observation conferences may occur digitally (email, shared documents, etc.) or in person if requested by either the evaluator or the certified staff member.

3b. By Oct.1

3c. By Oct. 1

3d. Following each formal observation

3b. Evaluator and Certified Staff Member

3c. Evaluator and Certified Staff Member

3d. Evaluator and Certified Staff Member

4. DATA COLLECTION: (Cycles A, B, and C)

4a. The evaluator gathers evidence data from various sources, conducts observations (at least two (Cycle A – four) of which are formal 30 minute visits), and provides feedback (i.e., observation rubric, e-mail, written note, informal conversations, or face to face conference if requested etc.).

4b. The certified staff member provides evidence by uploading artifacts into the digital system as a result of collaboration with the evaluator. The certified staff member associates each artifact with a standard and element in the digital library.

4a. Prior to the summative evaluation conference

4b. Prior to the summative evaluation conference

4a. Evaluator

4b. Certified Staff Member

5. SUMMATIVE EVALUATION: (Cycles A, B, and C)

5a. The certified staff member should provide evidence of progress towards the completion of the goals (Cycles B and C only).

5b. Using the evidence provided by the certified staff member on the appraisal system, observations, evidence of progress toward the completion of goals, and professional judgment, the evaluator completes the appraisal (including suggestions for areas for professional growth).

5a. At least one week before the formal evaluation conference

5b. Prior to evaluation conference

5a. Certified Staff Member

5b. Evaluator

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6. EVALUATION CONFERENCE/GOAL REVIEW: (Cycles A, B, and C)

6a. The certified staff member and the evaluator review the evaluation and discuss areas of professional growth.

6b. The certified staff member reviews the mid-year progress toward the completion of goals on the Professional Development Plan (Cycles B and C only).

6a. According to evaluation schedule on page 59.

6b. In conjunction with the evaluation conference

6a. Evaluator

6b Evaluator and Certified Staff Member

7. END OF THE YEAR GOAL REVIEW: (Cycles B and C) only

7a. In the event that the certified staff member’s goals are not able to be completed by the date of the evaluation conference an end of the year goal review conference may be scheduled.

7b. The certified staff member should provide evidence of progress towards the completion of the goals

7c. The certified staff member and the evaluator meet to review the mid-year progress toward the completion of goals and the Professional Development Plan.

7a. Prior to the end of the duty year.

7b. Prior to the end of the year goal review conf.

7c. Prior to the end of the duty year.

7a. Certified Staff Member

7b. Evaluator

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SMART Goals The acronym “SMART” is a mnemonic used to assist us in remembering the elements of appropriate goal setting. The terms behind the letters in the acronym SMART are: Specific, Measurable, Agreed Upon, Realistic, and Time-Sensitive. Goals are SPECIFIC if they are straightforward and emphasize what you want students to accomplish. Specific goals help the teacher clearly define where to focus his/her efforts, and allow the principal to monitor and assess actual performance relative to the identified goal. Goals must be MEASURABLE so we are able to determine if they were met. A measure can be qualitative or quantitative as long as it is measured against a standard of performance or a standard of expectation. Measurement should consistently be directed at student results. Goals used in the evaluation process in USD 437 should be AGREED UPON. The philosophy and spirit of our work in teacher appraisal is based on “ongoing dialog and collaboration between the administrator and the staff member.” As noted in the Certified Staff Appraisal Program Philosophy (page 52), “Collaboration between the administrator and staff member regarding the formation and review of professional growth goals should be at the heart of the process.” Goals must always be REALISTIC. They should be attainable, but they should stretch students and teachers. The skills, tools, and support needed to achieve realistic goals must be available to the staff member, and the goals should fit within the strategies and goals of the district, the school, and the appropriate PLC. Having a time frame is necessary to provide clear definition of the goals. Goals should always be TIME-SENSITIVE. Putting an end point on a goal gives a clear target to work towards and allows progress to be monitored along the way.

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ARTICLE XXXVI EQUAL OPPORTUNITY EMPLOYMENT

AND NON DISCRIMINATION

Employees shall be hired on the basis of ability and the districts needs. Please refer to Board Policy GAAA. Any incident of discrimination in any form shall promptly be reported to an employee’s immediate supervisor, the building principal or the district compliance coordinator for investigation and corrective action by the building or district compliance officer. Any employee who engages in discriminatory conduct shall be subject to disciplinary action, up to and including termination.

The policies of Board of Education of U.S.D. No. 437 prohibit discrimination on the basis of race, color, national origin, disability, religion and sex in all programs and activities of the district. Additionally, discrimination on the basis of age is prohibited in employment.

Harassment of individuals on any of these grounds is strictly prohibited.

Name of Complainant:

Address:

Telephone Number:

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

Nature of the Complaint:

I believe that I have been the subjected to discrimination on the basis of:

Race Color National Origin Sex Disability Religion Age

Please describe the incident or act complained of: Please include information about: • who was the person

engaging in the conduct; • what was the nature of

the conduct; • when did it occur; • where did it occur; • what effect did the

incident have on you.

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________ Attach additional sheets if necessary.

Were there any witnesses to this incident?

Yes No

If yes, please indicate who the witnesses were: ___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

What action do you believe the school should take with regard to this incident?

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

If this matter proceeds to a formal or informal hearing, will you appear and testify as to your knowledge of the matter?

Yes No

Signature of Complainant: __________________________________ Date: __________________________________

U.S. D. No. 437 Complaint of Discrimination Form

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ARTICLE XXXVIII

MEMORANDUM OF AGREEMENT Flexible Teacher’s Work Day

During SY 2018-19, the Board agrees to pilot a flexible teacher’s Work Day on the following days:

• October 12, 2018 • January 2, 2019 • March 8, 2019 • May 24, 2019

This pilot does not impact the first half of the work day. Only the second half of the work day is considered flexible time. The expectation is that certified staff must submit grades and complete all assigned job duties prior to leaving the workplace during the second half of the workday on the above listed dates. For certified staff working primarily a secondary schedule, their workday on the above listed dates will continue to start at 7:30 a.m. Flex time at the secondary level begins at 11:30 a.m. or thereafter. For certified staff working primarily an elementary schedule, their workday on the above listed dates will continue to start at 8:00 a.m. Flex time at the elementary level begins at 12:00 p.m. or thereafter. Each of the above listed dates will be recorded as an eight hour day. Therefore, if a certified staff member is absent on any of the above listed dates, then he or she must report an eight hour absence. The Board and AWNEA will survey staff and administration to determine the success of the pilot.

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ARTICLE IX MEMORANDUM OF AGREEMENT

Sick Leave

During SY 2018-2019, the Board agrees to buy back up to ten (10) of the sick days credited to employee in 2018-2019, less any sick days used during SY 2018-2019, for $40/day. Those days will be sold back to the district and cannot be banked. A request to buy back those sick days must be submitted the Business Office in a manner prescribed by the Business Office by June 1, 2019. Employees that have reached the 120 sick day maximum may also participate in this pilot program. This 2018-2019 pilot only pertains to sick days credited to employees in 2018-2019 except for those that have reached the 120 day limit (see above paragraph). Sick days banked in previous years are not eligible for this pilot.