nps teacher contract 09-13 pt 2

8/14/2019 NPS Teacher Contract 09-13 Pt 2

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3.

c.d.

e.

d. Upon application made before the expiration of leave, the teacher shallbe entitled to receive an appointment to the first position which isavailable and for which the teacher is qualified.e. If the leave has been granted because of illness and/or disabilityincluding pregnancy and childbirth, the teacher is required to provide aphysician's statement declaring the teacher to be able to return towork.f. Failure on the part of the teacher to request return to duty orextension of leave by the expiration of leave shall be construed tomean resignation from employment.g. Upon expiration of leave, if no position is available for which theteacher is certified and qualified, the leave shall be extended until suchtime as a position is available, or for a period of one (1) year,whichever comes first.h. IA teacher shall give a reason for the requested leave.Leave of Absence Without SalaryThe purpose of leaves of absence without salary is to allow the teacher topursue opportunities directly related to current or potential educationalresponsibilities. Leaves of absence without salary may be granted tocertified staff members by the Board of Education upon the recommendationof the Superintendent of Schools, subject to the following:a. Employees who have completed five (5) full years of service in thesystem may apply for a school year's leave of absence (September 1through August 31).b. Leaves without salary may be taken for a full school year or for eitherthe first half or the second half of the school year.

No employee shall be granted a school year leave of absence withoutpay more than once in any five (5) year period.Applications must be submitted, in writing, to the Superintendent ofSchools prior to February 1 of the school year for which the leave isbeing requested. Applicants need to give reason(s) for which leave ofabsence without salary is requested.Leaves of absence without salary may be recommended by theSuperintendent. Successful applicants will be notified, in writing, nolater than March 1.

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n.4.

f. Requests for leave may be withdrawn by the applicant no later thanApril 1 or 30 calendar days after Board grants the leave, whichever islater.

g. Employees granted a school year's leave of absence without salaryshall be permitted to continue insurance benefits to which they areentitled at the time of application. Employees must assume 100% ofthe costs of these benefits.

h. Employees on leave may make voluntary contributions to theretirement plan in accordance with state law.

i. Any employee on leave of absence without salary shall inform theSuperintendent of Schools, in writing, by registered mail, no later thanFebruary 1 of the year of the leave of his/her intention to return as ofthe beginning of the following school year. Failure to inform prior toFebruary 1 of the intent to return shall be construed as a resignationfrom employment.

j. Salary scale credit for the year of absence is at the discretion of theSuperintendent of Schools.

k. While on leave of absence, an employee is subject to the samereduction in force possibilities and provision as though he/she were onactive service.

I. A teacher returning from a leave of absence without salary shall beguaranteed a position for which he/she is certified and qualified.

m. Upon returning to service, an employee shall be entitled to restorationof sick leave accumulation, step, and all other accumulated benefits ineffect at the time of the beginning of the leave of absence.Availability of satisfactory replacement for the individual may be afactor in granting of leave.

Mini-Child-Rearing LeaveMini-child-readng leaves are granted by the Board under the followingprovisions and conditions:a. Leaves granted beginning the first day of a school year shall be

granted for one or two consecutive quarters or the entire school year.Teachers may return at other times by mutual agreement of theFederation and the Administration. Leaves which begin between thesecond and ninetieth day of the school year shall be granted for theremainder of the school year. Nonetheless, teachers shall be22


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5.

j.

Child Rearing LeaveChild rearing leaves are granted by the Board under the following provisionsand conditions:a. Such leaves are for up to a maximum of two (2) calendar years.b. Such leaves are without payor benefits. Benefits may be purchasedat the group rates if so desired.c. Experience step level does not continue during the period of leave, butthe step at the time leave begins is used in determining salaryschedule placement upon return to work.d. Notification of desire to return from leave in September must be made

in writing to the Human Resources Office no later than June 30.e. Teachers will be returned according to seniority to their originalposition if vacant or to analogous openings at the beginning of theacademic year or during the school year.f. Failure on the part of the teacher to request return to duty orextension of leave by the expiration of leave shall be construed as aresignation from employment.g. Upon expiration of leave, if no position is available for which theteacher is certificated and qualified, the leave shall be extended untilsuch time as a position is available, or for a period of two (2) years,whichever comes first.h. Child Rearing Leave shall include adoption.i. A teacher granted leave benefits under this section shall have suchleave benefits credited against his/her family medical leave act

benefits.A teacher shall provide the Board with thirty (30) days' advance noticeof intention to take a Child-Rearing leave, if the leave is reasonablyforeseeable.

6. Health and Hardship LeavesWhen a teacher is absent because of critical or serious illness of a memberof the immediate family, such absence(s) will be deducted from the teacher'spersonal days and then from the teacher's sick leave. Illness in theimmediate family which is neither critical nor serious will be charged to

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personal days. The Superintendent shall have the right to request a doctor'scertificate to ascertain the validity of the critical or serious illness.

7. Personal Daysa. Absences are granted without loss of pay and not deductible from sickleave as follows:

Full time teachers shall be granted two days per year without loss ofpay and not deducted from sick leave, for important personal or familybusiness that can only be transacted during the school day. Toprovide for substitute coverage, teachers shall inform their immediatesupervisor of the anticipated need for a personal day as far in advanceas possible. The individual must give forty-eight hours notice, exceptin cases of emergency, to his/her immediate supervisor in advance oftaking the leave. The individual is not obligated to explain the reasonfor his/her leave except to state that it is being taken under thisprovision. Days for personal leave shall not be used on the last daybefore holidays or school recesses or the first day of school afterholidays or school recesses, unless the immediate supervisor grantsapproval. Such approval shall not be unreasonably withheld.

b. Teachers may carry forward one unused personal day each year.Unused personal days may be accumulated to a maximum of five (5)days, no more than two (2) of which may be taken consecutivelyunless the immediate supervisor grants approval.

8. Military LeaveLeave shall be granted for service in the Armed Forces of the United Statesin accordance with Board Policy and Administrative Regulation 4151.9.

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9.

10.

11.

b.

Peace Corps/Teacher CorpsLeave shall be granted for teaching service in the Peace Corps and/orTeacher Corps and such leave shall be considered as active employmentby the Board and entitle the teacher to a maximum of two (2) yearscredit for salary purposes.Exchange Teacher LeaveTeachers shall be granted the opportunity to participate in an exchangeteacher program in the United States or a foreign country uponrecommendation of the Superintendent and approval of the Board withthe following provisions:a. The Norwalk Board shall continue its exchange teacher under

regular salary status.b. All rights and privileges of the Norwalk teacher shall continue ineffect during the exchange period.c. Teachers shall receive salary credit for participation in theFulbright Teacher Exchange Program.Sabbatical Leavea. A sabbatical leave of absence may be granted to regular full-timemembers of the professional staff. The granting of such leave issubject to approval of the Board upon recommendation of theSuperintendent, when in their considered judgment, theprofessional competence of the staff members and the generalwelfare of the Norwalk Public Schools will be benefited.

Sabbatical leave is granted to regular, full-time members of theprofessionar staff for the purpose of improving their ability torender educational services. Such improvement is usuallyachieved by formal study, research, planned travel, etc.The rules and regulations governing the sabbatical leave programare as follows:Leave may be granted for periods up to one (1) year after thecompletion of seven (7) full consecutive years of employment inNorwalk. At the end of each additional period of seven (7) ormore years of employment, leave may be granted again. TheSuperintendent and the Board may extend the leave periodbeyond one (1) year in special circumstances.

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c.

d.

e.

f.

g.

h.

i.

j.k.

I.

Application for sabbatical leaves must be submitted no later thanNovember 15 of the preceding school year for which thesabbatical will be granted.The Board shall take action on sabbatical applications no laterthan December 15. Alternates should be chosen from amongthose who meet the criteria to replace those who do not acceptoffered sabbatical..While on sabbatical leave, the teacher shall be paid seventy-fivepercent (75%) of the amount of his/her base salary for the leaveperiod according to the current salary schedule, excluding extracompensation, if any.The period of leave shall count as regular service for the purposeof retirement and payment to the retirement fund shall thereforecontinue.The period of leave shall count as regular service for the purposeof salary increment and upon the return of the teacher to his/herregular professional position, he/she shall be entitled to thenormal salary increment and any other increases and benefits.The sabbatical leave salary shall remain in effect even if theteacher receives any cash award or grant. The sabbatical leavesalary shall be adjusted so that the recipient does not receivemore than his/her salary. Specific expense directly related to therealization of the purposes for which the sabbatical leave wasgranted are exempt from this provision.A teacher, upon completion of sabbatical leave, shall be returnedto the same school and position previously held. If that positionno longer exists, the returnee shall be assigned in accordancewith Article XIV, Reduction in Force.Insofar as possible, a proportionate division of leaves shall begranted to the various departments of the bargaining unit.A staff member, in accepting a sabbatical from the Board, shallagree to return to the service of the Board for one year after theexpiration of leave; or, if the sabbatical leave is for a period lessthan one year, to complete that year in the service of the Board.Sabbatical leave may be available to one percent (1%) of thebargaining unit as of January 1 provided such applicants meetthe approved criteria and guidelines.


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12.

13.

a.

b.

c.

m. The recipient of a sabbatical leave shall give a report to the Boardupon returning from leave.

General Leave Provisionsa. In those cases where pay deductions for absences by teachersare necessary, they shall be figured by dividing the year's salaryby 200 days.b. All requests for leaves of absences shall be decided on theirmerit.c. The period of leave shall not count as regular employment for the

purpose of accumulating sick leave. However, any sick leaveaccumulated prior to the leave shall remain in effect upon return.A teacher applying for leave shall be informed that it is illegal totake employment in any other Connecticut town while on leavefrom Norwalk, and then return to Norwalk and attempt to buy theleave time back for retirement purposes.

Medical and Life Insurance Benefits During LeavesTeachers on leave shall be allowed to purchase medical and lifeinsurance benefits at the group rate if desired. The payments are dueon or before the 10th of each month.Benefits continuation shall be restricted to one of the following options:

Full CoverageThe same medical and life insurance coverage the employee hasat the time the leave is granted.Basic CoverageIncludes Anthem HSA Medical Insurance Plan only and excludesvision, dental and life insurance.No CoverageNo change in options shall be permitted during the leave ofabsence unless there is a substantial change in the employee'sfamily status.

When a teacher returns to active employment on or before the 15th ofthe month, the Board of Education shall pay the full premium. If the

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teacher returns after the 15th of the month, he/she shall pay the fullpremium.14. Compensatory Time

Compensatory time shall not be issued for teachers. All teachers shallbe paid on a per-diem basis for extra time worked at the request of theadministration.

15. Bereavement LeaveAll employees shall be entitled to five (5) work days leave, without theloss of pay, in the event of death in the immediate family. Theimmediate family shall be defined as husband, wife, mother, father,brother, sister, child, grandfather, grandmother, mother-in-law, father-in-law, daughter-in-law, son-in-law and grandchild. Employees shall beentitled to one (1) working day leave without loss of pay in the event ofthe death of a brother-in-law, sister-in-law, uncle, aunt, nephew, niece,or first cousin.

16. If prior approval is granted by the Superintendent or his designee,teachers may be absent from duty to attend conferences or visit inother schools with no deduction from their pay. Reimbursement forexpenses incurred by the teacher is made only with the special approvalof the Superintendent or his/her designee.

17. Adoption LeaveWith the approval of the Superintendent of Schools, teachers who arepursuing adoption may use up to a total of four weeks of paid sickleave for essential travel related to adoption. Teachers shall providedocumentation to the Superintendent of Schools outlining theanticipated time of absence and the reason for its length, e.g., travel toa foreign country. The use of this time does not have to be in a singleblock.If a teacher has less accumulated sick days than is necessary for thepaid adoption leave, the teacher shall receive the difference betweenhis/her pay and the daily substitute pay rate.

ARTICLE XHEALTH AND LIFE INSURANCE

1. The Board shall provide coverage for certificated personnel as follows:29


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a.

b.

c.

d.

e.(1)

(2)

(3)

2.

3.

Medical Insurance - The Board shall provide employee and familycoverage in an insured Anthem Blue Cross/Blue Shield high deductibleHealth Savings Account (IIHSA"), as described more fully in AppendixA-4.Vision Care - The Board shall provide for employee and family coveragein the Anthem 5/0 Vision Care Plan which is incorporated in and made apart of this Collective Bargaining Agreement.Dental Care - The Board shall provide for employee and family coveragein a Delta Dental Premier Preferred Provider Plan which is incorporatedin and made a part of this Collective Bargaining Agreement withmodifications described more fully in Appendix A-4.Each employee electing the health insurance package provided pursuantto Article X, Sections 1a through 1c, shall contribute 12% of the costthrough payroll deduction pursuant to an IRC Section 125 Plan.Life Insurance -The Board shall provide 100% premium for $150,000.00 term lifeinsurance for each employee.

Employees shall have the option of converting the term life insuranceprovided by the Board to whole life insurance or universal life insuranceprovided that the Board assumes no additional premium cost.Employees may elect to increase their own term life insurance coverageby up to an additional $250,000 provided the Board assumes noadditional premium cost.The Board shall be Hable for all uninsured medical costs whenever ateacher is absent from school as a result of personal injury caused byan accident arising out of and in the course of his/her employment.Such absence shall not be charged to sick leave.If a teacher is absent with a contagious childhood disease directlytraceabl'e to contact made in school, the absence will not be chargedagainst him/her. Satisfactory evidence must be provided by the teacherto the Superintendent or his designee.The Board shall pay for the one hundred dollar ($100.00) deductible, ifapplicable, and the twenty percent (20%) of the first one thousanddollars ($1,000) not covered by medical insurance.

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4.

5.

6.

1.

Certificated personnel retiring before 65 years of age shall be permittedto keep medical insurance coverage at their own expense provided,however, that such is not contrary to law or to the major medicalinsurance policy, and, provided further, that such would in no wayrepresent any cost to the Board. Retirees and spouses who are eligiblefor Medicare are removed from the Board medical insurance plan as ofthe date of their Medicare eligibility.Section 125 Plan - At no cost to the Board, the Board shall provide theemployees with a Section 125 cafeteria plan consistent with thestatutes and regulations of the Internal Revenue Service. Such I.R.C.Section 125 Plan, in addition to a premium share deduction feature,shall also include an Internal Revenue Code Section 125 pre-tax medicalexpense account also known as a Reimbursement Account Plan for thepurpose of enabling eligible employees to divert a portion of their grosssalaries, prior to reduction for federal income taxes, by a minimum of$100 to a maximum of $5,000 (or less, if required by the InternalRevenue Code) per plan year for health reimbursement (including butnot limited to their aforesaid share of the premium cost for such plans,uncovered medical and dental expenses, and deductibles), and by aminimum of $500 to a maximum of $5,000 per plan year for dependentcare, into an account from which, during the course of the plan year,they can be reimbursed for the aforesaid health care costs anddependent care costs they or their covered dependents incur which arenot covered by the medical or dental plans described in this Agreement.Such election shall be optional for the employee and this plan shall besubject to the laws and regulations of the Internal Revenue Code.Reopener - If the Board receives a competitive bid that providessignificant savings for a health insurance benefit plan that provides alevel of benefits and coverages consistent with the level of benefits andcoverages in the health insurance benefits plan referenced in Article X,Sections 1 a., 1 b., and 1 c. above, then the Board may, during thethird year of this Collective Bargaining Agreement, reopen negotiationsfor the sole purpose of health insurance benefit coverage. The Boardagrees to provide the Federation a copy of the RFP which shall reflectthe current level of benefits and coverages and shall additionally providethe Federation with all written responses.

ARTICLEXIPROTECTION

If criminal or civilproceedings are brought against a certificated teacheralleging that he/she committed an assault in connection with his/heremployment, such teacher may request the Board to furnish legal31


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2.

3.

4.

5.a.

b.

c.

6.

counsel to defend him/her in such proceedings. If the Board does notprovide such counsel and the teacher prevails in the proceedings, thenthe Board shall reimburse the teacher for reasonable counsel feesincurred by him/her in defending the proceedings.When certificated personnel drive pupils to scheduled, planned orotherwise approved activities which take place away from the schoolbuilding, certificated personnel and pupils shall be adequately coveredby Board Policies governing insurance and liability in accordance withConnecticut Statutes 10-235 and 10-236.It is recognized that inquiries or investigations need to be made whenallegations or complaints are made regarding members of theprofessional staff. The individual concerned shall be given fullinformation, including the identity of the complainant, in sufficient timeto prepare his/her defense. No conclusion shall be reached or decisionsmade, however, until after the staff member has had a full opportunityto defend himself/herself.The Board shall protect and save harmless any teacher from financialloss and expense, including legal fees and costs, if any, arising out ofany claim, demand, suit or judgment by reason of alleged negligence orother act resulting in accidental bodily injury to or death to any personor accidental damage to or destruction of property within or without theschool building, provided such teacher at the time of the occurrenceresulting in such injury, damage or destruction was acting in thedischarge of duties within the scope of employment under the directionof the Board. (Connecticut General Statutes, February, 1965, P.A.330, 43, Sub.-sec. 10-235.)Disciplinarv ActionAll written warnings and suspensions shall be for cause. The teacherand the Union shall be informed immediatery of all written warnings andsuspensions, but by no later than the conclusion of that working day.All written warnings and suspensions and the specific reasons for themshall be stated, in writing, and a copy forwarded to the teacher and theUnion n


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b.

certified personnel being transferred, an up-to-date list will be madeavailable at the Central Office. If qualifications are equal, preferenceshall be given to the teacher in accordance with seniority in theNorwalk Public Schools. Qualifications include, among other variables,certification, experience, and perceived match during the interviewprocess between the candidate's skills and knowledge and the needs ofthe position.Certified personnel who desire a change in grade and/or subjectassignment or who desire to transfer to another building shall file awritten statement of such desire with the Human Resources Office nolater than June 15. Such statement shall include the grade and/orschools (in order of preference, if the teacher has preferences) to whichhe/she desires to be transferred. The transfer list is active for positionsthat are vacant between June 15 and August 1. At all other times,vacancies are filled from the candidates who have applied for thepositions.4. Exceptions to the provisions of Section 1, 2, and/or 3 may be madeonly if the Superintendent determines that it is necessary to do so inthe best interests of the teacher(s) and/or school(s) affected. TheFederation and the teacher concerned shall be notified of every instancein which the Superintendent shall so determine.

ARTICLEXIVREDUCTION IN FORCE

When reduction of the number of teachers in a school is necessary, qualifiedvolunteers shall be transferred first. If there are no qualified volunteers, thefollowing procedure shall be followed:

1. ELEMENTARYa. If there must be reduction in classroom teachers within a building, theclassropm teacher(s) in that building at any grade level K-5 who has thelowest seniority defined as years and months of contract service in theNorwalk schools shall be declared to be excess in that school and

assigned to a pool of teachers for transfer.In cases where two teachers have equal seniority, but one's seniorityhas been attained through accumulated half-time years, the teacherwith full-time seniority shall have the privilege of remaining in thatschool.

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6.

7.

seniority for each month of continuous contract teaching in the Norwalkschools.b. In the event that two (2) or more teachers have equal seniority, the

following procedure shall be utilized to determine which teacher is moresenior:

(1 ) Board's date of appointment from most recent date of hire in the eventthere is a tie(2) Date of actual starting date from most recent date of hire. In the eventthere is a tie,(3) Date stamp affixed to the initial signed contract by the HumanResources Office. In the event there is a tie,(4) Date of meeting with Human Resources Officer to formally offeremployment and set salary. In the event there is a tie,(5) Decision will be made by the Superintendent or his/her designee.5. RE-ASSIGNMENT OF EXCESS TEACHERS TO VACANCIES

Among the teachers in the pool for re-assignment, teachers shall beassigned to vacancies by seniority, i.e., if there is a 4th grade vacancy,the teacher in the re-assignment pool who has the proper certificationand the highest seniority shall have first opportunity for thatassignment. At the secondary level, certification for the vacancy andseniority shall also be followed.RECALL RIGHTS

If on September 10, there are continuing contract teachers who havenot received an assignment, such teachers shall be placed on extendedspecial leave status without payor benefits. Such teachers shall berecalled according to seniority to subsequent openings for which theyare certified and qualified. Guidelines for transfer of personnel shallapply in the event that two or more teachers hold identical seniority.These recall rights shall extend only for a period of two (2) yearsfollowing the end of the school year in which the layoff occurs.

PRIORITIESRegular contract staff, including Sabbatical Leave Returnees, havepriority over personnel requesting return from Extended Special Leaves.

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Priority Lista. Sabbatical leave returnees and exchange teacher returnees.b. Mini-child-rearing returnees.c. Military leave returnees.d. Involuntary transferees.e. Excess teachers from re-assignment pool.f. Leave of Absence without salary returnees.g. Child rearing leave returnees.h. Extended special leave returnees.i. Peace Corps and Teacher Corps returnees.j. Voluntary transferees.k. New employees.

8. SUBSEQUENT INVOLUNTARY TRANSFERRules for seniority shall apply even though this may involve asubsequent involuntary transfer for a teacher.

9. VACANCY DURING SCHOOL YEARIf a vacancy occurs during the school year, the position shall first beoffered to teachers on the recall list based on certification, seniority andqualifications. In the event no teacher on the recall list fills thevacancy, the position shall be posted for a minimum of ten (10) daysprior to closing applications.In the event of exceptional circumstances, the Board shall consult withthe Federation to develop a plan which would result in the leastdisruption to students and staff.

10. ADMINISTRATOR RETURNINGTO THE TEACHER BARGAINING UNIT

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a.

b.

c.

1.

2.

3.

Should it be necessary to return an administrator to the teacherbargaining unit:Former administrators shall return to the teachers bargaining uniteffective September 1.The former administrator shall receive seniority credit for all service tothe Norwalk Board of Education in a certified position from most recentdate of hire.The former administrator shall, for purposes of assignment, be treatedas a teacher under the procedures set forth in this article.

ARTICLEXVPROMOTIONS

All openings for positions paying a salary differential and all openingsfor specialists who are not classroom teachers shall be posted on theDistrict's website at least fifteen (15) days in advance of the closingdate for applications. Positions covered by the administrative salaryschedule shall be posted in accordance with the agreement betweenthe Board of Education and the Norwalk Association of SchoolAdministrators. Staff members shall have an adequate opportunity tosubmit qualifications for special programs which are separate fromregular duties and for which there is compensation. If qualifications,including education, are equal, preference shall be given to presentemployees for all promotions. Applicants applying shall be notified inwriting of the decision before said decision is made public.If an administrative position is covered on an acting basis, it shall last induration for a maximum of sixty (60) days from the time the actingappointment is made, except where demonstrable specialcircumstances require additional time.If an administrative position is covered on an acting basis, the Boardshall use its best efforts to appoint an acting person who is not acandidate for the permanent position.

ARTICLE XVINON-EDUCATIONAL DUTIES

The Board and the Federation agree that an educator's primaryresponsibility is to educate and that his/her energy should, to thegreatest extent possible, be utilized to this end. The Board and theFederation recognize that teacher aides, clerical and non-professionalemployees are a vital necessity in order to implement this principle.39


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1.

2.

3.

4.

5.

ARTICLE XVIIIPROFESSIONAL MEETINGS

Teachers recognize that their responsibility to their students and theirprofession requires the performance of duties that involve time beyondthat of the normal school day. Although Monday and Tuesdayafternoons are reserved for meetings and in-service training sessions,meetings affecting the same teachers shall not be scheduled for bothdays more than once a month. Attendance at parent conferences is aprofessional obligation. Attendance at PTA meetings by teachers shallonly be required at meetings which are concerned with curriculumand/or student progress.Faculty meetings shall be limited to a maximum of two per month andshall normally be completed in 45 minutes, but shall not exceed onehour. The faculty meeting shall begin ten minutes after the dismissal ofthe last class of the day. City-wide departmental meetings shall belimited to two each semester and shall not be scheduled in the sameweek as other meetings involving the same teachers.Faculty meetings shall have a written agenda which shall be printed onthe attendance bulletin and distributed to each teacher no later than themorning of the school day the meeting is scheduled. This provisionshall not preclude the administration from adding or deleting items tosuch agenda. The failure to distribute an agenda shall not relieveteachers of the obligation to attend.Curriculum in-service meetings involving the same teachers shall belimited to one (1) per month, except during those months where thereare five (5) Mondays or Tuesdays, two (2) in-service meetings may beheld.Once a month the same teachers may be asked to attend either anadditional mini-faculty meeting or a mini-curriculum in-service meetingwith the same restrictions as days of the week, starting time and lengthof time as outlined in paragraphs one and three above. This meetingshall not occur on the day the bargaining unit holds its monthly generalmembership meeting.The Federation shall not schedule meetings during the school dayexcept with prior approval of the Superintendent.

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2.

3.a.

6. All educational committee meetings either on a City-wide or buildinglevel shall be open to the public, including teachers, in accordance withSunshine Laws.7. All teachers, including part-time teachers, are required to attend allprofessional meetings, including, but not limited to, faculty meetingsand professional development workshops. Part-time teachers who arenot scheduled for one or both of the last two periods of the teaching

day shall be paid for the meeting time at the in-service hourly trainingrate.ARTICLE XIX

DUTY-FREE LUNCH PERIODEvery teacher shall have a 3D-minute duty-free lunch period daily. Ifunusual building restrictions exist, a deviation of no more than threeminutes may be made.

ARTICLE XXTEACHING HOURS AND TEACHING LOAD1. It is recognized that the number of pupils assigned to a teacher has arelationship to the quality of instruction offered. The Federation and theBoard shall continue to consult to eliminate as rapidly as possible allinstructional classes of heterogeneously grouped children in excess oftwenty-two (22) students per class in grades K, 1, 2; twenty-four (24)

students per class in grades 3, 4, 5; and twenty-eight (28) students perclass at the secondary level. These class size provisions shall not beapplicable to magnet schools.The Board intends to maintain a pupil-teacher ratio of 24.0 to 1 at theelementary schools and 21.3 to 1 at the secondary schools, exctusiveof team teaching, during the length of this agreement.Ratio Positions Defined:Elementary - Included in the ratio are all grade level classroom teachingpositions~" and redeployed teaching stations.Excluded from elementary ratio are: Physical Education, Art, Music,Traveling Librarian, all Special Education (including learning centers,learning disabilities, speech and hearing, visually handicapped and gifted

day...Kindergarten enrollment is divided by 2 before ratio is applied when Kindergarten is scheduled on a half

session.

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8.

9.

10.11.

12.

13.

14.

All elementary school teachers shall continue to be granted a dailypreparation period which averages no less than 30 minutes a dayunless, in the judgment of the Board, significant reductions in theeducation budget require a reduction in specialists.If the principal of an elementary school must be absent for a day or asubstantial portion, adequate supervision shall exist to insure the health,safety and welfare of the students. Whenever a certificated teacher isperforming elementary building supervision, he/she shall be provided asubstitute to cover his/her class. If no substitute is provided, he/sheshall be paid $24.48 in 2010-2011; $24.97 in 2011-2012; and $25.47in 2012-2013 per hour.High school teachers shall not teach more than five (5) periods per day.Each elementary school shall hold an evening of parent conferenceseach November and March and on said days teachers shall be releasedone and a half (1 %) hours prior to the normal student dismissal time.Each school shall hold its conferences on one night (Monday -Thursday)between the hours of 6:00 p.m. and 8:00 p.m. for all teachers in theschool. The Board agrees that each school shall be properly supervised.The parties recognize that all conferences cannot be completed withinthe evening schedule outlined. All remaining parent conferences thatcannot be accommodated during the evening period shall be scheduledby individual teachers at their professional discretion for a time that ismutually convenient. In the event a faculty meeting is scheduled forelementary teachers during a conference week, there will be noconferences on the Monday when the faculty meeting is scheduled andthere will be a 90 minute early dismissal on one day later in the week.This time shall be used by the elementary teachers for parentconferences. No other required meetings shall be scheduled forelementary teachers during conference weeks.On elementary school early release days, middle school and high schoolteachers will not be dismissed early, but rather will be engaged inprofessional development activities.The administration shall, to the extent lawful and not inconsistent witha Planning and Placement Team's program, provide teachers with theright to review their students' files. Said files shall be made availablewithin one week after the beginning of school or within one week aftersaid student enrolled in school.All middle and high school certificated personnel below the rank ofassistant principal, who have had a preparation period, shall continue tohave one, and each teacher may utilize this period in the fashion he/shedeems necessary. No such teacher shall be deprived of a preparation

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15.

16.

17.

1.

2.

period without his/her consent except temporarily in an emergency. Noemergency, however, shall be deemed to exist as a result of financialdifficulties experienced by the Board.All elementary specialists (Art, Music and Physical Education) shall havea minimum of three (3) minutes transition time between classes. Ifunusual scheduling circumstances concerning this transition timebetween classes arise, the building administrator shall give writtennotice to the Superintendent who shall consult with the FederationPresident.High school teachers, except teachers of physical education, health,music and other classes that meet every other day shall have amaximum student load of 130. Students assigned to science laboratoryclasses are not included in the 130 total.When creating laboratory classes in Science, Technology Education andComputers, the Administration shall not exceed the number of studentstations available and equipment available to properly protect the healthand safety of the students when the classes are composed and/orstudents are added.

ARTICLEXXITENUREAND DISMISSAL

The tenure and dismissal of teachers shall be in accordance withSection 10-151 of the Connecticut General Statutes. If the tenure law,Connecticut General Statutes 10-151 is eliminated, the parties agree toreopen this Article, and to devise, through the Consultation Procedure,a new method of affording teachers a fair employment practiceguarantee and security.

ARTICLE XXIIEVALUATIONS AND PERSONNEL FilES

The evaluation procedures mutually developed in accordance with theprovisions in the State Statutes covering teacher evaluation andguidelines established by the State Board of Education shall be theprocedures followed in this matter, recognizing that the appropriateprovisions of Article I apply where not inconsistent with the foregoingprocedures, statutes and guidelines.Personnel Files

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a.

b.

c.

d.

e.

f.

3.

1.

2.

A personnel file for each teacher pertaining to the teacher'sperformance in the Norwalk Public Schools shall be developed andmaintained in the Human Resources Office.Given reasonable notice, each teacher shall have the right to inspecthis/her own personnel file, to question or to comment in writing or toreproduce any material therein, providing such reproduction occurs inthe place designated by the Administration.Before any derogatory material has been made a part of a teacher'spersonnel file, the teacher shall be given the opportunity to read andsign such material. Such signature does not constitute concurrencewith the content of the material. Any response by a teacher shall beattached to the material in question.In the event it is deemed appropriate to remove any materials from theteacher's file, either by request of the teacher or by the desire of theadministration, such removal shall be subject to consultation and withthe approval of the Superintendent or his designee.Administrators shall enclose in the file information of a positive natureindicating special competencies, achievements, performances orcontributions of an academic, professional or civic nature.These above provisions shall apply to any files maintained on anyteacher, and the teacher shall have access.Each certificated teacher shall be observed during the school year asdeemed necessary by the Superintendent and administrative staff.Appropriate records of observations and conferences shall be kept andinserted in the teacher's personnel file. Certificated personnel mayhave access to their own personnel file.

ARTICLE XXIIIADULT EDUCATION, SUMMER SCHOOL AND HOMEBOUNDPROGRAMS

Positions in the Norwalk Adult Education Program and Summer Schoolshall, to the extent possible, be filled first by certificated teachersregularly employed in the Norwalk Public Schools.In filling such positions, competence in the subject, quality of teachingperformance and prior experience shall also be considered. If otherqualifications are equal, length of service in the Norwalk Public Schoolsshall be considered.

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5.

6.

7.8.

9.

10.

11.

educational welfare of the pupils and promote a good educationalclimate.Certificated personnel are to take reasonable and necessary steps toprovide individual help for their students. If a student is suspendedfrom school for disciplinary reasons, it is not the responsibility of thecertificated teacher to provide special instruction.If a student, other than one who is homebound because of extendedillness, is to receive private instructions (instrumental, music, etc.), itshould be provided by certificated personnel other than those assignedto teach or direct the student in a program or activity. In that event,the financial arrangements are to be made directly between the parentsand the tutor.Because public school facilities should not be used for private gain,private tutoring cannot take place in the school building.Norwalk teachers who live outside the district shall be permitted tohave their children attend Norwalk Public Schools tuition free. Suchtuition free education does not include special education or relatedservices above the cost per pupil for the appropriate level. The child orchildren of a teacher shall be assigned to whatever school or class theBoard deems appropriate. In the event of a dispute concerning thechild's education, the written decision of the Board shall be final, andany attempt to challenge or overrule such a final decision shall result inloss of tuition free privileges. In the event a student causes seriousdiscipline problems, the tuition free privilege may be revoked by theBoard.Teachers who work fewer than 5 days per week, Le. guidancecounselors and social workers, etc., who would not have worked on aday school is cancelled do not have to make up that day.All substitute teachers working forty (40) days or more in the sameposition shall be paid the following long-term daily rate.

School Year Rate2010-20112011-20122012-2013

$224.40$228.89$233.47

Teachers who receive National Board Certification after September 1,2006 will receive a one lump sum payment of $5,000.ARTICLEXXVI

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DEDUCTIONS1. Deductions from paychecks shall be in accordance with Board Policy#4142.2. The Board agrees to deduct dues for the Federation. The Board shallremit all such deductions within fifteen (15) days to the Federation, butshall use its best efforts to remit within ten (10) days.3. The de.ductions for the Federation dues and Agency Shop Fees shall beequally divided and withheld from each of the first twenty-two (22)paychecks.4. The Board shall continue to deduct an authorized deduction for the Tax

Shelter Annuity Program, including IRS403(b) and 457 programs.5. The Board agrees to make available payroll deduction for contributionsto the N.F.T. COPE Committee from the salaries of those teachers whoindividually and voluntarily, in writing, notify the Board to do so. TheBoard shall remit all such deductions within fifteen (15) days to theFederation but shall use its best efforts to remit within ten (10) days.

ARTICLE XXVIIETHICAL CONDUCT

The Board and the Federation share a mutual concern with respect tomaintenance of professional standards among members of the Norwalkeducational staff.

ARTICLE XXVIIIDISCIPLINE

The Board and Federation recognize and accept the responsibility of the Board,school administration, and teachers to provide for effective and appropriate disciplinein the Norwalk schools. It is recognized that the responsibility for immediatediscipline in the classroom is rightfully that of the teacher. It is also recognized thatthe Board shall give reasonable support and assistance to teachers with respect tothe maintenance and control of discipline in the classroom within the limitations ofthe law. It is further recognized that the teacher has the responsibility for disciplinein the total school setting. The Board recognizes that the teacher may not fairly beexpected to assume full responsibility for students who are willfully and repeatedlydisruptive. It is the joint responsibility of both teachers and administrators tocommunicate in regard to such students and to cooperate in the solution of the

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problem. Procedures relative to discipline in the classroom and schools shall bedistributed to students, teachers and parents each year.ARTICLE XXIX

DEPARTMENT CHAIRPERSONS AND SUBJECT AREA LEADERSHiah School

High School Department Chairpersons shall be provided in the followingareas at each High School:Business EducationEnglishWorld LanguagesGuidanceArtFamily & Consumer SciencesSpecial Education

Technology EducationMathScienceSocial StudiesMusicHeath & Physical Education

High School Department Chairpersons shall be provided with the followingrelease time per day:1-3 Teachers4-8 Teachers9 or more TeachersDay

No Release Time1 Period of Release Time Per Day2 Periods of Release Time Per

All Department Chairpersons shall receive the stipend found in AppendixA-6.All Department Chairpersons shall be provided with secretarial supportservices.

Middle School

Subject Area L.eaders shall be provided in the following areas at eachmiddle school:EnglishMath ScienceSocial StudiesSubject-Area Leaders shall receive the stipend for Middle School Subject-Area Leaders as found in Appendix A-6 to cover minimal administrativeresponsibilities.

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7.

8.

9.

10.

Benefits are requested must be of such a nature as to improve theprofessional competence of the applicant and, as a result, provideadded benefits to the school system. Courses offered primarily forrecreational and/or social purposes will not be approved for salarycredit.Blanket approval shall not be given for outside courses. Each courseshall be evaluated in terms of its potential contribution to theprofessional competence of the applicant in question. The burden ofestablishing the probable value of the course in question rests with theindividual applicant.To qualify for In-Service Course Benefits, participants shall meet allrequirements of the sponsor and submit to the Human ResourcesOfficer a certificate or statement from the sponsoring institutionshowing satisfactory completion of the course.In-Service Credit shall not be granted for courses or programs occurringduring instructional hours or on regularly scheduled school days exceptwith the specific and direct approval of the Superintendent, in instanceswhich relate to broad needs of the school system, e.g., majorcurriculum revision and studies designed to improve the instructionalprogram within the Norwalk Public Schools.To be eligible for consideration for In-Service Credits, the employeemust have a Master's Degree or the equivalent as required forcertification. There is an exception here which needs to be recognized.Since certification requirements are not retroactive, it is recognized thatpersonnel are employed, who are fully certificated and do not hold aMaster's Degree or the equivalent. In these situations, eligibility for In-Service Credit would exist. Although the In-Service Credit cannot beapplied toward salary advancement by a teacher working towardProfessional Educator Certification, such credits are valid for only ten(10) years after completion of In-Service activities.The guidelines for granting credit are as follows:

a. 30 + clock hours = three (3) creditsb. 20-29 clock hours = two (2) creditsc. 10-19 clock hours = one (1) creditd. 1 clock hour = one-tenth (1/10) credit

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a.b.c.

d.

e.

13.

Less than ten (10) clock hours fractional credit shall be grantedprovided the program has the prior approval of the Superintendent forin-service activities developed by the Norwalk School Administration.Fractions of credit for such in-service consisting of less than 10 clockhours shall be combined and credit granted to the participant when thetotal of such fractional hours earned reaches ten (10) clock hours.A maximum of fifteen (15) credits for In-Service Workshops andPrograms may be applied to any column of the established salaryschedule as specified in contract. Credits shall be valid foradvancement to the next salary schedule column for a maximum of ten(10) school years following the granting of credit.

11. Administrative directed in-service meetings shall be eligible for in-service credit.12. In-Service for Credit - Independent Study

A teacher shall be able to receive a maximum of two (2) in-servicecredits as independent studies.Credits may apply to B.A. +45 or B.A. +60 or B.A. +75 or B.A. +90.All applications shall bear the approval signature of the building principalor supervisor or mentor, as well as the Director of the respective area inwhich the credits shall be completed.Applications shall be reviewed by the In-Service Credit Committee forprior approval.Independent study provides a teacher with the opportunity to work withan administrator on a mutually identified project of merit to the schoolsystem.In-Service for Credit courses shall count as continuing education units.

ARTICLEXXXIINO STRIKE

During the term of this Agreement, the Federation shall not cause,counsel, sponsor or participate in any strike or work stoppage in theNorwalk Public Schools. During the term of this Agreement, noprofessional employee shall participate in any strike or work stoppage inthe Norwalk Public Schools.

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ARTICLE XXXIIILONGEVITY

1. A teacher shall have taught a total of at least fifteen (15) years inNorwalk to qualify for longevity.2. A teacher shall be placed on L-1 after completing seventeen (17) years.3. A teacher shall be placed on L-2 after completing twenty-two (22)years.4. A teacher shall be placed on L-3 after completing twenty-seven (27)years.5. A teacher shall be placed on L-4 after completing thirty-two (32) years.

ARTICLE XXXIVDURATION

This Agreement shall be in full force and effect from September 1,2010 until August 31, 201 3 except that the Article X and Appendix A-4 Insurance Changes are effective January 1, 2010 or as soonthereafter as Anthem is able to implement the plan changes.

NORWALK FEDERATION OF TEACHERS,LOCAL 1723

Date:

NORWALK BOARD OF EDUCATION

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nps teacher contract 09-13 pt 2

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