AGREEMENT

Between the

Board of Directors and the

Tacoma Education Association UniServ Council

Unified Collective Bargaining Agreements

TEA Tacoma Education Association

TAEOP

Tacoma Association of Educational Office Professionals

TAPSPTE

Tacoma Association of Public School Professional and Technical Employees

September 1, 2008 - August 31,

2011

A

TACOMA SCHOOL DISTRICT #10

BOARD OF DIRECTORS

James Dugan, President

Kimberly Golding, Vice President

Debbie Winskill

Kurt Miller

Connie Rickman

SUPERINTENDENT

Tacoma Education Association 1628 S. Mildred Street, Suite 202 Tacoma, WA 98465 (253) 565-4411

Arthur O. Jarvis, Ed.D.

Tacoma School District No. 10 P. O. Box 1357 Tacoma, WA 98401-1357 (253) 571-1000

B

TEA Board of Directors

Derrick Hartman, President

Judy Alia, Executive Vice President

Theresa Tommaney, Treasurer

Ramona Murray-Phillips, Secretary

Dave Baughman, Stadium Zone VP

Susan Westburg, Lincoln Zone VP

George Pete, Foss Zone VP

Sanger Chambers, Mt. Tahoma Zone VP

Nanci Cornell, Wilson Zone VP

Monica Wolfrom – Machel Salado, Tacoma AEOP President

Deannia Kirkevold, TAPSPTE President

Marilyn O’Malley-Hicks, WEA Board Director

C

Table of Contents 1 PREAMBLE ................................................................................................................................... 1 2 ARTICLE I – CONTRACT IMPLEMENTATION ....................................................................... 1 3

Section 1 – Definitions................................................................................................................ 1 4 Section 2 – Recognition .............................................................................................................. 1 5 Section 3 – Agreement Duration and Reopeners ........................................................................ 2 6

Duration: ............................................................................................................................................... 2 7

Loss of revenue: .................................................................................................................................... 2 8

Reopeners: ............................................................................................................................................ 2 9

Section 4 – Status of the Contract ............................................................................................... 2 10 Section 5 – Conformity to Law ................................................................................................... 2 11 Section 6 – Rights of the Board .................................................................................................. 2 12 Section 7 – Distribution of the Contract ..................................................................................... 3 13 Section 8 – Bargaining a New Contract ...................................................................................... 3 14

ARTICLE II – BARGAINING UNIT PRIVILEGES .................................................................... 4 15 Section 9 – Association Leaves .................................................................................................. 4 16

TEA President: ....................................................................................................................................... 4 17

TEA Executive Vice - President: ............................................................................................................. 4 18

Association Officers and Representatives: ........................................................................................... 4 19

Section 10 – Dues Deductions .................................................................................................... 4 20 Authorization: ....................................................................................................................................... 5 21

Cancellation: ......................................................................................................................................... 5 22

Substitutes: ........................................................................................................................................... 5 23

Section 11 – Representation Fee ................................................................................................. 5 24 Section 12 – Building Use .......................................................................................................... 5 25

School Visits: ......................................................................................................................................... 5 26

Association Meetings: ........................................................................................................................... 6 27

Section 13 – Communications .................................................................................................... 6 28 Section 14 – Delivery Service..................................................................................................... 6 29 Section 15 – Labor-Management Meetings ................................................................................ 6 30 Section 16 – Collaboration and Innovation ................................................................................ 6 31 Section 17 – Site-Centered Decision-Making ............................................................................. 7 32

District-level Facilitation ....................................................................................................................... 8 33

D

Decision-Making Principles/Parameters ............................................................................................... 8 1

Limitations............................................................................................................................................. 9 2

Waivers ................................................................................................................................................. 9 3

Participation ........................................................................................................................................ 10 4

Section 18 – Building Budgets ................................................................................................. 10 5 Section 19 – Employee Representation .................................................................................... 11 6 Section 20 – Guidelines for the Pursuit and Acceptance of Grants by School Staff at School 7 Sites ........................................................................................................................................... 11 8

ARTICLE III – SALARIES AND BENEFITS ............................................................................ 14 9 Section 21 – Salary Guides ....................................................................................................... 14 10 Section 22 – Certificated Years of Experience Eligibility Criteria For Salary Schedule 11 Placement .................................................................................................................................. 16 12 Section 23 – Insurance Benefits ................................................................................................ 20 13 Section 24 – Extra Pay For Extra Work.................................................................................... 21 14 Section 25 – Travel Allowance ................................................................................................. 24 15 Section 26 – Compensation for Required Hearings .................................................................. 24 16 Section 27 – Payments and Deductions of Salaries .................................................................. 24 17 Section 28 – Payroll Deductions ............................................................................................... 25 18 Section 29 – Tax Sheltered Annuities ....................................................................................... 26 19 Section 30 – Compliance Provision .......................................................................................... 26 20 Section 31 – Summer School .................................................................................................... 26 21

ARTICLE IV – LEAVES ............................................................................................................. 28 22 Section 32 – General Provisions ............................................................................................... 28 23 Section 33 – Leaves with Pay ................................................................................................... 28 24

A. Sick Leave .................................................................................................................................... 28 25

B. Sick Leave Cash Out .................................................................................................................... 29 26

C. Bereavement Leave .................................................................................................................... 30 27

D. Family Illness Leave ..................................................................................................................... 30 28

E. Extraordinary Leave .................................................................................................................... 31 29

F. Military/Reserve Duty and Annual Training Leave ..................................................................... 31 30

G. Jury Duty, Subpoena Leave ......................................................................................................... 31 31

H. Professional Leave ...................................................................................................................... 32 32

Section 34 – Leaves without Pay .............................................................................................. 33 33 A. General Provisions ...................................................................................................................... 33 34

E

B. Recuperation Leave .................................................................................................................... 33 1

C. Parental and Adoption Leave ...................................................................................................... 33 2

D. Political Leave ............................................................................................................................. 34 3

E. Military Service (Active Duty) ..................................................................................................... 34 4

F. Other Unpaid Leaves ................................................................................................................... 35 5

ARTICLE V – RIGHTS OF CERTIFICATED SUBSTITUTE EMPLOYEES .......................... 36 6 Section 35 – Salary and Contract Provisions of Substitute Employees .................................... 36 7

A. Substitute Rates: ......................................................................................................................... 36 8

B. Assignment:................................................................................................................................. 36 9

C. Substitute Training: ..................................................................................................................... 36 10

D. Additional Substitute Training Opportunities: ............................................................................ 36 11

E. Feedback Forms: ......................................................................................................................... 37 12

F. Contract Rights: ........................................................................................................................... 37 13

ARTICLE VI – INSTRUCTION .................................................................................................. 39 14 Section 36 – Academic Freedom .............................................................................................. 39 15 Section 37 – Classroom Visitors/Observation .......................................................................... 39 16 Section 38 – Materials Selection: ............................................................................................. 39 17 Section 39 – Instructional Materials/Parental Review .............................................................. 40 18 Section 40 – Grading Practices ................................................................................................. 41 19 Section 41 – Ownership of Materials........................................................................................ 41 20

ARTICLE VII – STAFF DEVELOPMENT................................................................................. 42 21 Section 42 – Professional Development ................................................................................... 42 22 Section 43 – New Employee Academy .................................................................................... 42 23 Section 44 – Mentor Program ................................................................................................... 43 24 Section 45 – Optional Days ...................................................................................................... 43 25

Building-based: ................................................................................................................................... 44 26

District-based: ..................................................................................................................................... 44 27

Individually-directed: .......................................................................................................................... 44 28

Section 46. Dissemination of Professional Development Information .................................... 45 29 Section 47. Professional Growth Funds: .................................................................................. 45 30

ARTICLE VIII – CONDITIONS OF WORK .............................................................................. 46 31 Section 48 – Calendar – Term of Employment ........................................................................ 46 32

School Year Calendar: ......................................................................................................................... 46 33

F

LID Days: .............................................................................................................................................. 46 1

PRS Days: ............................................................................................................................................. 46 2

Make-up Days: .................................................................................................................................... 46 3

Non-School Assignments: ................................................................................................................... 46 4

Early Dismissal Days: ........................................................................................................................... 46 5

Conference Days: ................................................................................................................................ 46 6

Student Year Waiver Days: ................................................................................................................. 46 7

Purpose: .............................................................................................................................................. 47 8

Section 49 – Non-Teaching Work Assignments ....................................................................... 47 9 Section 50 – Professional Work Day Provisions ...................................................................... 47 10

Work Day: ........................................................................................................................................... 47 11

Alternate Schedule: ............................................................................................................................. 48 12

Itinerant Teachers: .............................................................................................................................. 48 13

Early Release Day Agenda: .................................................................................................................. 48 14

Staff Meetings: .................................................................................................................................... 48 15

School-wide Supervision: .................................................................................................................... 48 16

Delayed Start due to Hazardous Conditions: ...................................................................................... 48 17

Section 51 – Planning Periods .................................................................................................. 49 18 Section 52 – Staff Protection .................................................................................................... 50 19

B. Preservation of order in the schools: .......................................................................................... 50 20

C. Threats to Safety: ........................................................................................................................ 50 21

D. L & I Disability: ............................................................................................................................ 50 22

E. District Liability Insurance: .......................................................................................................... 51 23

F. Personal Public Liability Insurance: ............................................................................................. 51 24

G. Medical Professional Liability Protection:................................................................................... 51 25

H. Vehicle Damage/Loss Provisions:................................................................................................ 52 26

I. Personal Property Damage/Loss Provisions: .............................................................................. 52 27

J. Medical Emergencies: ................................................................................................................. 53 28

K. Cleansing Intermittent Catheterization: ..................................................................................... 53 29

Section 53 – Covering Classes .................................................................................................. 53 30 A. Class Coverage ............................................................................................................................ 53 31

B. Loss of Planning/Overloads ......................................................................................................... 54 32

G

Section 54 – Special Education ................................................................................................. 54 1 Section 55 – Student Discipline/Administrative Responsibility ............................................... 55 2

A. Enforcement: .............................................................................................................................. 55 3

B. Cause for Discipline: .................................................................................................................... 55 4

C. Authority to Discipline: ............................................................................................................... 55 5

D. Administrative Response: ........................................................................................................... 57 6

E. Recommending Suspension/Expulsion: ...................................................................................... 57 7

F. Special Education Discipline: ....................................................................................................... 57 8

G. Assault of Employee: ................................................................................................................... 58 9

H. Building Discipline Review: ......................................................................................................... 58 10

I. Staff Training: .............................................................................................................................. 58 11

J. Major Incidents: .......................................................................................................................... 58 12

K. State Law ..................................................................................................................................... 58 13

Section 56 – Documentation of Incidents ................................................................................. 59 14 Section 57 – Employee Duties and Responsibilities ................................................................. 59 15 Section 58 – Physical Facilities ................................................................................................ 59 16 Section 59 – School Construction ............................................................................................. 60 17 Section 60 – Student Teachers .................................................................................................. 60 18 Section 61 – Scheduling, Secondary Schools ........................................................................... 61 19 Section 62 – Job Description .................................................................................................... 61 20

ARTICLE IX – Class Size/Staffing .............................................................................................. 62 21 Section 63 – Regarding reduction in staff................................................................................. 62 22 Section 64 – Elementary Schools (Grades K-5) ....................................................................... 62 23 Section 65 – Middle Schools (Grades 6-8) ............................................................................... 63 24 Section 66 – High Schools (Grades 9-12)................................................................................. 63 25 Section 67 – Middle School and High School Staffing Compliance ........................................ 64 26 Section 68 – Special Education, and ESAs and Learning Specialists ...................................... 65 27 Section 69 – Peer Review ......................................................................................................... 69 28

ARTICLE X – Employee Rights .................................................................................................. 71 29 Section 70 – Employee Contract............................................................................................... 71 30 Section 71 – Supplemental Contract ......................................................................................... 71 31 Section 72 – Instructional Facilitator ........................................................................................ 73 32 Section 73 – Personnel Files ..................................................................................................... 74 33

H

Section 74 – Cause .................................................................................................................... 74 1 Section 75 – Equitable Treatment ............................................................................................. 75 2 Section 76 – Harassment ........................................................................................................... 75 3 Section 77 – Staff Diversity Plan .............................................................................................. 75 4

ARTICLE XI – EVALUATION AND PROBATION ................................................................. 76 5 Section 78 – Observation Evaluation Procedures ..................................................................... 76 6 Section 79 – Probation Procedure ............................................................................................. 80 7

ARTICLE XII – ASSIGNMENT AND TRANSFER .................................................................. 82 8 Section 80 – Terms ................................................................................................................... 82 9 Section 81 – New School Year Assignments ........................................................................... 82 10 Section 82 – General Procedure for Open Positions ................................................................. 83 11 Section 83 – Timeline Procedures for Filling Positions ........................................................... 85 12 Section 84 – Supplemental Conditions: .................................................................................... 86 13 Section 85 – Displacement / Involuntary Transfer ................................................................... 86 14 Section: 86 – School Closures, Changes in School Attendance Boundaries or Grade Level 15 Reorganizations Between More Than One Site ........................................................................ 87 16 Section: 87 – Opening / Reopening a New School ................................................................... 88 17

ARTICLE XIII – LAYOFF AND RECALL ................................................................................ 90 18 Section 88 – Selection of Staffing Categories .......................................................................... 90 19 Section 89 – Staffing Categories............................................................................................... 90 20 Section 90 – Seniority ............................................................................................................... 91 21 Section 91 – Tie Breakers ......................................................................................................... 91 22 Section 92 – Layoff ................................................................................................................... 91 23 Section 93 – Recall ................................................................................................................... 92 24 Section 94 – Displacements Following Layoff ......................................................................... 93 25

ARTICLE XIV – GRIEVANCE PROCEDURE .......................................................................... 94 26 Section 95 – Definition ............................................................................................................. 94 27 Section 96 – Procedure ............................................................................................................. 94 28 Section 97 – Supplemental Conditions ..................................................................................... 96 29

AGREEMENT .............................................................................................................................. 98 30 MEMORANDUMS OF UNDERSTANDING ............................................................................. 99 31 MEMORANDUM OF UNDERSTANDING BETWEEN TACOMA SCHOOL DISTRICT NO. 32 10 AND TACOMA EDUCATION ASSOCIATION REGARDING THE FURTHER 33 IMPLEMENTATION OF PROJECT QUALITY EVALUATION ............................................. 99 34

I

MEMORANDUM OF UNDERSTANDING BETWEEN TACOMA SCHOOL DISTRICT 1 NO. 10 AND TACOMA EDUCATION ASSOCIATION REGARDING CERTIFICATED 2 STAFF ATTENDANCE ......................................................................................................... 102 3 MEMORANDUM OF UNDERSTANDING BETWEEN TACOMA SCHOOL DISTRICT 4 NO. 10 AND TACOMA EDUCATION ASSOCIATION REGARDING POOL POSITIONS5 ................................................................................................................................................. 103 6 MEMORANDUM OF UNDERSTANDING BETWEEN TACOMA SCHOOL DISTRICT 7 NO. 10 AND TACOMA EDUCATION ASSOCIATION REGARDING ESA NATIONAL 8 CERTIFICATION STIPENDS ............................................................................................... 104 9 REINVIGORATE MEMORANDUM OF UNDERSTANDING BETWEEN TACOMA 10 SCHOOL DISTRICT NO. 10 AND TACOMA EDUCATION ASSOCIATION 11 REGARDING EDUCATIONAL STAFF ASSOCIATES AND ELEMENTARY LEARNING 12 RESOURCE CENTER (LRC) TEACHERS .......................................................................... 105 13 MEMORANDUM OF UNDERSTANDING BETWEEN TACOMA SCHOOL DISTRICT 14 NO. 10 AND TACOMA EDUCATION ASSOCIATION REGARDING SECONDARY 15 LEVEL ADVISORY .............................................................................................................. 106 16 MEMORANDUM OF UNDERSTANDING BETWEEN TACOMA SCHOOL DISTRICT 17 NO. 10 AND TACOMA EDUCATION ASSOCIATION REGARDING: SUMMER 18 SCHOOL STAFF EVALUATION......................................................................................... 107 19 Memorandum of Understanding Regarding Health and Safety .............................................. 108 20

Appendices .................................................................................................................................. 110 21 Appendix I. Further Agreements ........................................................................................... 110 22 Appendix II & III. Discrimination / Harassment Intimidation Bullying Complaint Form .... 111 23 Appendix IV-A. Salary Schedule -- Teachers’ Combined Salary Schedule (Hired after 1999)24 ................................................................................................................................................. 112 25 Appendix IV-B. Salary Schedule -- Teachers’ Professional Responsibility Salary Schedule 26 (Hired after 1999) ................................................................................................................... 113 27 Appendix IV-C. Salary Schedule -- Teachers’ Base Salary Schedule (Hired after 1999) ..... 114 28 Appendix IV-D. Salary Schedule -- Teachers’ Combined Salary Schedule (Hired before 1999)29 ................................................................................................................................................. 115 30 Appendix IV-E. Salary Schedule -- Teachers’ Professional Responsibility Salary Schedule 31 (Hired before 1999)................................................................................................................. 116 32 Appendix IV-F. Salary Schedule -- Teachers’ Base Salary Schedule (Hired before 1999) ... 117 33 Appendix V. Regular Contract / Professional Responsibility Supplemental Contract ......... 118 34 Appendix VI. 2008-09 School Calendar ............................................................................... 119 35 Appendix VII. Request for Peer Review Form ...................................................................... 120 36 Appendix VIII. Waiver of Class Size Limits Form ............................................................... 121 37 Appendix IX. Certificated Personal Professional Growth Plan ............................................. 122 38 Appendix IX. Page 2 ............................................................................................................... 123 39

J

Appendix IX. Page 3 – Pre or Post Conference Worksheet ................................................... 124 1 Appendix IX. Page 4 – Standard / Comprehensive Check-off Sheet ..................................... 125 2 Appendix IX. Page 5 – Standard / Comprehensive Explanation of Unsatisfactory Ratings .. 126 3 Appendix IX. Page 6 – Standard / Comprehensive Observation Summaries ......................... 127 4 Appendix IX. Page 7 – Teacher Self-Assessment Worksheet page 1 .................................... 128 5 Appendix IX. Page 8– Teacher Self-Assessment Worksheet page 2 ..................................... 129 6 Appendix IX. Page 9– Teacher Self-Assessment Worksheet page 3 ..................................... 130 7 Appendix IX. Page 11– Teacher Self-Assessment Worksheet page 4 ................................... 131 8 Appendix IX. Page 12– Teacher Self-Assessment Worksheet page 5 ................................... 132 9 Appendix IX. Page 13– Teacher Self-Assessment Worksheet page 6 ................................... 133 10 Appendix IX. Page 14– Teacher Self-Assessment Worksheet page 7 ................................... 134 11 Appendix X. Professional Growth Plan Record of Annual Evaluation ................................. 135 12 Appendix XI. Evaluation Forms – page 1 .............................................................................. 136 13 Appendix XI. Evaluation Forms – page 2 .............................................................................. 137 14 Appendix XI. Evaluation Forms – page 3 .............................................................................. 138 15 Appendix XI. Evaluation Forms – page 4 .............................................................................. 139 16

17

18

1

PREAMBLE 1 2

The Board has a statutory obligation to bargain with the Association as the representative of 3 certificated non-supervisory educational employees as the exclusive bargaining representative on 4 wages, hours and terms and conditions of employment. The following articles of agreement 5 hereto constitute an Agreement by and between the Board of Directors of Tacoma School 6 District No. 10, hereinafter called the "Board," and the Tacoma Education Association, 7 hereinafter referred to as the "Association." 8 9 The parties hereto agree as follows: 10 11

ARTICLE I – CONTRACT IMPLEMENTATION 12 13

Section 1 – Definitions 14 15 Association – the Tacoma Education Association (TEA). 16 17 Board – the Board of Directors of Tacoma School District No. 10 or its authorized 18 representatives. 19 20 District – Tacoma School District No. 10 or authorized representatives. 21 22 Employee (certificated) – certificated non-supervisory educational employee. 23 24 Superintendent – Superintendent of Schools, Tacoma School District No. 10. 25 26 Section 2 – Recognition 27 28 The Board recognizes the Association as the exclusive bargaining representative of all full-time 29 and regular part-time non-supervisory certificated employees of the District, excluding the 30 Superintendent, other chief administrators of the District, confidential employees, supervisors, 31 principals and assistant principals. 32 33 Duties presently performed by bargaining unit members shall not be assigned to any other 34 bargaining unit, outside agencies, or individuals without providing the Association notice of the 35 proposed assignment and an opportunity to bargain its impact. 36 Nothing in this language shall preclude the occasional employment of consultants or contractors 37 as historically utilized by the District or prohibit work presently performed by other bargaining 38 units. 39 40

2

Non-certificated personnel will not be used to replace teachers. 1 2

Section 3 – Agreement Duration and Reopeners 3 4

Duration: The Agreement and each of its provisions is binding and effective from September 5 1, 2005 to August 31, 2008. 6

Loss of revenue: In the event that there is a significant loss of revenue to the District 7 resulting from a levy failure, legislative action or passage of an initiative or referendum the 8 parties shall reopen applicable sections of the Agreement within thirty (30) calendar days. 9

Reopeners: 10 11

A. Either party may reopen any provision of the Agreement exclusive of Section 21 A., 12 Salary Guides, with written notice by March 1st annually provided that the Labor-13 Management Committee process as specified in Section 15, Labor Management 14 Meetings, has determined that contract amendments are in the best interests of the 15 District and the Association. 16 17

B. In addition, the parties may open applicable sections of the Agreement to implement task 18 force and committee recommendations as provided for in the Agreement. 19

20

Section 4 – Status of the Contract 21 22 This Agreement shall supersede any rules, regulations, policies, resolutions or practices of the 23 District which shall be contrary to or inconsistent with its terms. 24 25

Section 5 – Conformity to Law 26 27 If any provision of this Agreement or any application of this Agreement to any employee or 28 group of employees should be found contrary to law, then such provision or application shall not 29 be deemed valid except to the extent permitted by law, but all other provisions or applications 30 shall continue in full force and effect. 31 32

Section 6 – Rights of the Board 33 34

The Board retains and reserves all powers, rights, authority, duties and responsibilities conferred 35 upon and vested in it by the laws and the Constitution of the State of Washington and/or the 36 United States for the management and operation of the District, subject to the provisions of this 37 Agreement. 38 39

3

Section 7 – Distribution of the Contract 1 2 Copies of this Agreement shall be printed at the expense of the District within forty five (45) 3 days after ratification by the Board and the Association and executed by the authorized 4 representatives thereto. A copy of this Agreement will be provided to each employee covered by 5 this Agreement. 6 7

Section 8 – Bargaining a New Contract 8 9

A. Bargaining will be conducted at times and places mutually agreeable to the negotiators 10 named by each party, provided the first (1st) meeting shall be held within ten (10) school 11 days after March 1 or as soon thereafter when deemed appropriate as mutually 12 determined by the parties. 13 14

B. During negotiations the Board and the Association will present data, exchange points of 15 view, and make proposals and counter proposals. The negotiators for each party shall 16 have the authority to make tentative agreements. However, final agreement shall be 17 contingent upon favorable ratification by the Board and the Association. 18 19

C. Bargaining sessions should be held at least twice a week subsequent to the first (1st) 20 meeting unless there is mutual agreement to the contrary. Negotiators on the Association 21 team will be released from school without loss of pay when day sessions are scheduled. 22 23

D. The District shall furnish the following information prepared by the District in whatever 24 form, format and/or title, after it is prepared, upon request by the Association: budget(s), 25 pupil teacher ratio report, monthly classification report, monthly and annual financial 26 report(s), computer printout of the budget(s), and staff placement on the salary schedules. 27 28

E. Any changes in these procedures shall be made through the process of bargaining as 29 provided herein. 30

31 32

33

4

ARTICLE II – BARGAINING UNIT PRIVILEGES 1 2

Section 9 – Association Leaves 3 4 TEA President: The Board agrees to provide a leave of absence with pay to the President of 5 the TEA during his/her term of office. TEA will reimburse the District a sum equal to the salary. 6 PRS, Optional Days, and all benefits of the President. 7 8 TEA Executive Vice - President: The Board agrees to provide a leave of absence with 9 pay to the Vice- President of the TEA during his/her term of office. TEA will reimburse the 10 District a sum equal to the salary PRS, Optional Days and all benefits of the Vice-President. 11 12 Such leave and reimbursement shall be for full-time or part-time release as determined by TEA. 13 TEA shall provide the District notice of a change in leave of absence for executive officers by 14 June 1 for the subsequent school year. 15 16 Upon return from leave, a President or Vice-President will be considered as if actively employed 17 by the Board during the leave and will be placed on the salary schedule at the level which would 18 have been achieved had no absence occurred. Further, upon return from such leave, the 19 President will be given the same consideration for returning to the position of last assignment as 20 if he or she had been on active duty. If the position of last assignment no longer exists, the 21 employee will be assigned in accordance with Article XII, Assignment and Transfers. 22 23

Association Officers and Representatives: 24 25

1. Up to a total of ninety (90) days of released time per school year with the substitute paid 26 by the District shall be provided to the Association for released time for the Association's 27 officers and representatives. Requests for such leave shall be made to the office of Labor 28 and Legislation in advance of the leave. In addition, an employee should notify his/her 29 principal/supervisor at the time of the request. The purpose of the leave shall be clearly 30 stated. The leave shall not be granted if the purpose violates Chapter 41.59 RCW. 31 32

2. Once the ninety (90) days as provided above have been used, the District shall, upon 33 request, grant up to ninety (90) days of additional leave provided that the cost of the 34 substitute shall be reimbursed to the District by the Association. Requests for such leave 35 shall be made to the office of Labor and Legislation in advance of the leave. The purpose 36 of the leave shall be clearly stated. The leave shall not be granted if the purpose violates 37 Chapter 41.59 RCW. No more than thirty (30) employees shall be released at one time. 38

39

Section 10 – Dues Deductions 40 41

5

Authorization: Upon written authorization, whether for unified membership dues in the 1 Association or equivalent fee, the Board agrees that said sums will be deducted from payrolls 2 and forwarded promptly to the Association. All enrollments and cancellations shall be handled 3 by the appropriate officers of the Association. 4 5 Cancellation: Cancellation of dues must be received in the finance office directly from the 6 officers of the Association. The District shall provide for automatic reinstatement of deduction 7 for Association dues for employees returning from leave – unless canceled, through written 8 notice by the Association. 9 10 Substitutes: The Association must notify the Superintendent in writing no later than 11 September 1 annually of the payroll deduction for substitutes. The District will deduct the 12 amount specified by the Association for dues if authorized in writing by a regular substitute. 13 14

Section 11 – Representation Fee 15 16 No employee will be required to join the Association; however, those employees who are not 17 Association members but are members of the bargaining unit will have deducted from their 18 salaries a representation fee. The District is authorized to deduct the required amount from each 19 monthly paycheck. The amount of the representation fee will be determined by the Association 20 and communicated to the finance office in writing. The representation fee shall be an amount 21 less than the regular dues for the Association membership in that non members shall be neither 22 required nor allowed to make a political (WEA-PAC) deduction. The representation fee shall be 23 regarded as fair compensation and reimbursement to the Association for fulfilling its legal 24 obligation to represent all members of the bargaining unit. (Reference RCW 41.59.090). 25 26 In the event that the representation fee is regarded by an employee as a violation of their right to 27 non association, such bonafide objections will be resolved according to the provisions of RCW 28 41.59.100, and Chapter 391 95 WAC. 29 30 The Association agrees to defend, indemnify, and hold the District harmless (suits by the District 31 excepted) against any and all claims, suits, orders, or judgments brought or issued against the 32 District as a result of any action taken or not taken by the District pursuant to proper 33 implementation of this section contingent upon the District's agreement that the Association shall 34 be authorized to defend such suit through an attorney of the Association's own choosing. 35 36

Section 12 – Building Use 37 38 School Visits: The President, Vice President and a UniServ Director of TEA may visit 39 schools at all reasonable times, or the President and a UniServ Director of TEA may appoint one 40 designated representative to visit in their place; provided, however, that this shall not interfere 41 with, nor interrupt, normal school operations; and provided further that upon arrival at a school 42 the main office is notified. 43 44

6

Association Meetings: The Association may use District school buildings and equipment 1 with replacement of consumable supplies for meetings and to transact official business on school 2 property at all reasonable times as long as the meeting shall not interfere with or interrupt normal 3 school operations. 4 5

Section 13 – Communications 6 7

The Association shall have the sole and exclusive right to communicate with employees 8 represented by the Association through use of employee mailboxes in the building and use of 9 faculty bulletin boards, except as provided by law. In implementing this section the only 10 requirement of the District is to notify each competing organization that the Association has the 11 aforementioned sole and exclusive right. 12 13

Section 14 – Delivery Service 14 15 The District will provide intra-district delivery service to the Association office consistent with 16 intra-district delivery service supplied to schools and without censorship of content. 17 18

Section 15 – Labor-Management Meetings 19 20 At least monthly or at the written request of the District or the Association, labor-management 21 meetings shall be held to discuss issues of mutual interest to the parties; to resolve concerns 22 regarding the interpretation and implementation of the collective bargaining agreement and to 23 provide an opportunity for the Association to provide feedback to the Superintendent on District 24 operations and direction. 25 26 In no event can agreements reached in labor-management meetings abridge, add to, or subtract 27 from the collective bargaining agreement provided, however, that such agreements may be made 28 subject to ratification by the Association and the Tacoma Public Schools Board of Directors. 29 30 The Association may include up to six (6) employee representatives, inclusive of the Presidents 31 of the classified and certificated TEA employee groups/designees and UniServ Directors. The 32 Superintendent, Director of Labor and Legislation, and up to four (4) additional members shall 33 represent the District. Other resource personnel shall be available upon request by either party. 34 35 In order to assure communication, agendas and minutes for meetings shall be taken and 36 distributed by the parties. 37

Section 16 – Collaboration and Innovation 38 39 Tacoma Public Schools and the Tacoma Education Association believe strongly in collaboration 40 and innovation as strategies for succeeding in our mission to provide quality education to the 41

7

children of the District. To that end, the parties have conscientiously worked together on making 1 improvements to teaching and learning that have the potential to enhance our ability to make 2 changes in the best interest of the children of our community. The goal of increased student 3 achievement is at the core of those efforts. To maximize our opportunities to work together in 4 this way, specific contractual provisions have been put in places which provide forums especially 5 appropriate for the necessary professional conversations which are a prelude to innovation, 6 decision making guidelines for selecting specific innovations to focus on and assistance with the 7 implementation of such innovations. Examples include: 8

9 The SCDM section of the contract is one such provision which assists the Association 10

and the District in creating opportunities for innovation, including a process by which 11 waivers to the Collective Bargaining Unit may be sought by (a) specific building(s) in the 12 District. 13 14

The Grants section of the contract provides a framework for individual buildings to seek 15 staff input in the pursuit of specific grants which would assist buildings in seeking 16 additional resources needed to provide innovative programs for teaching and learning. 17 18

The Project Quality staff development and staff evaluation process is one of the critical 19 corner stones created in a collaborative effort to improve teaching and learning across the 20 entire instructional staff in the District. 21 22

The parties commit to continue collaboration and to introduce innovations designed to improve 23 the educational experience of all students. 24

Section 17 – Site-Centered Decision-Making 25 26 The Superintendent, President of the Tacoma Education Association, and a designated member 27 of the School Board serve as “anchors” for the Site-Centered Decision-Making process and shall 28 be responsible for providing overall guidance and support for district-wide implementation of 29 SCDM. 30 31 The Anchors are committed to a process of decision-making that will deliberately place greater 32 authority and responsibility for education and related decisions with the school itself. This 33 process includes open dialogue in which issues are presented, defined, discussed, and resolved. 34 The Anchors will jointly explore changes in philosophy, structures and procedures that will 35 support SCDM with the goals of the following: 36 37

1. Providing better collaboration in the delivery of quality educational services; 38 2. Placing the decision-making closer to teaching and learning; 39 3. Creating an environment where better listening and responding to the needs of parents 40

and students takes place; 41 4. Improving the work environment of all educational employees in order to ultimately 42

enhance the learning environment for children; and 43

8

5. Providing a growing sense of openness of communication and trust and an attitude of 1 collaboration in raising the levels of expectations and performance for all students in the 2 district. 3

4 SCDM is a joint planning and problem-solving process that responds to diverse educational 5 needs. SCDM is a shifting of decision-making from a centralized process to a shared process 6 involving certified staff, classified staff, administrators and parents. Students may be included as 7 determined at each school site. 8 9 SCDM requires time, commitment and trust. SCDM empowers educational employees and 10 increases the involvement of all staff in the educational process. SCDM is a process that 11 ultimately improves achievement and instruction. 12 13 SCDM is a process in which those affected by a decision participate, either collectively or 14 through a representative of their selection, in making decisions. Each school shall be responsible 15 for developing and communicating written procedures which describe their decision-making 16 model(s) and shall include how staff, parents and students are involved in the process. 17 18

District-level Facilitation 19 20 The SCDM “anchors” shall collectively appoint a support team made up of equal representation 21 from TEA and TPS. The role of the support team shall include but not be limited to the 22 following: 23 24

1. To provide direction and guidelines to the process. 25 2. To make decisions with respect to the pace and scope of the process. 26 3. To attain resources and other support for those involved in the form of training sessions 27

and facilitated meetings. 28 4. To establish general steps for preparation and training at school sites. 29 5. To insure that the District’s pace and support for moving decision-making authority to 30

school sites are in harmony and to provide high-quality decision-making while keeping 31 the change process moving. 32

6. To collaborate in “un-sticking” the process when it runs into difficulties and obstacles. 33 7. To model and encourage participatory decision making at all levels of the organization. 34 8. To manage an SCDM budget that has been adopted annually in support of SCDM 35

implementation. 36 9. To review reports from all sites regarding annual goals, school improvement initiatives, 37

budgets, and evaluation of SCDM goals. 38 39

Decision-Making Principles/Parameters 40 41 The District and Tacoma Education Association agree to the following parameters and operating 42 principles which shall guide the Site-Centered Decision-Making process at school sites: 43 44

9

1. Before a building’s Site-Centered Decision-Making decision is implemented, there must 1 be a consensus of staff (as defined by staff at the site) as well as parent involvement and 2 input for decisions that impact students. Once consensus has been reached as defined by 3 SCDM by-laws, the decision becomes an expected norm for the learning community. 4

2. If a Site-Centered Decision-Making proposal is contrary to any terms of the collective 5 bargaining agreement, state or federal guidelines or District guidelines, regulations or 6 policies, a waiver from the appropriate body must be obtained. 7

3. The Site-Centered Decision-Making Team will be responsible for overseeing, 8 implementing, and evaluating the school improvement process. They will monitor the 9 SIP plans. 10

4. The SCDM team should develop by-laws that include the following categories: Article I. 11 Mission/Purpose; Article II. Membership; Article III. Decision-Making Process; Article 12 IV. Meetings; Article V. Communication Process, and Article VI. Evaluation Process. 13

5. The SCDM team will maintain appropriate records: bylaws, minutes, rosters, agenda, etc. 14 15 Each site shall conduct an annual self-assessment of its Site-Centered Decision-Making process. 16 The content and format for any such evaluation shall be approved by the District’s anchors. All 17 staff members and participating parents and students in Site-Centered Decision-Making shall 18 have an opportunity to participate in the assessment which shall include, but not be limited to, 19 the clarity of the decision-making process, the effectiveness of communication, the level of staff 20 and parent participation and the impact of Site-Centered Decision-Making on school 21 improvement efforts. The results of the assessment shall be shared with staff, parents and 22 students who participated in Site-Centered Decision-Making, and the appropriate Assistant 23 Superintendent as a means to refine and improve the process as well as an opportunity to 24 celebrate successes. 25 26

Limitations 27 28 The Administration, the School Board and Tacoma Education Association shall not be required 29 nor expected to set aside legal responsibilities or certain traditional dimensions of organizational 30 roles. Such legal responsibilities and organizational roles include the following: 31 32

1. The District anchors will accept State and federal laws as applicable. 33 2. Superintendent of Public Instruction rules. 34 3. Tacoma Public Schools Board policies and administrative regulations and guidelines 35

including adopted curriculum and programs. 36 4. The collective bargaining agreements between any of the organized labor groups and the 37

Tacoma Public Schools 38 5. The responsibility, authority and accountability of the principal in the day-to-day 39

management of the schools. 40 41

Waivers 42 43 The District anchors will accept requests for waivers from an existing policy, regulation, or a 44 portion of the collective bargaining agreement. These requests will then be referred to the 45

10

appropriate mechanism for action (i.e., take to TEA if issue deals with the Agreement, take to 1 Board of Directors if issue deals with Board policy, etc.). The timelines for submitting waiver 2 requests shall be determined by the support team and shall be communicated to staff prior to 3 November 1st annually. 4 5

1. Any potential impact on students and parents and their involvement in the development 6 of the waiver proposal shall be clearly documented prior to the submission of the request. 7

2. It is clearly understood that these approved waivers are not to be considered as a 8 precedent nor shall they be district-wide. 9

3. The approved waivers are subject to time limits established by the appropriate body. 10 4. Sites shall be expected to report to the District anchors regarding the implications, 11

successes and failures based on such exceptions/waivers. 12 5. Any budget implications or potential impact on other schools and/or programs shall be 13

determined prior to consideration of waiver requests. 14 15

Participation 16 17 Each school shall be expected to participate in the Site-Centered Decision-Making process. 18 Individuals within schools may choose not to participate. However, the decision-making process 19 in each school will be clearly defined, highly participative, team oriented, and parent and student 20 focused. 21 22 At the same time, no adverse employment action will be taken against any staff member because 23 of his/her non-participation in the Site-Centered Decision-Making process. 24 25

Section 18 – Building Budgets 26 27 The building principal will make the monthly Budget Control Reports available to the Site-28 Centered Decision-Making Team and each employee. 29 30 This Report includes: 31 32

1. Annual allocation and changes. 33 34

2. Source of funds (vocational, special education, etc.) 35 36

3. Budget and expenditures to date by category and/or department. 37 38 In the development of the annual budget, employees shall submit written requests to the building 39 principal identifying instructional material needs. At the secondary level, departmental requests 40 shall be signed by the department head. 41 42

11

Section 19 – Employee Representation 1 2 The parties agree that authentic employee participation on District and building level committees 3 is essential to creating a learning community. Such participation is often accomplished through 4 representation. 5 6 Employees who are expected to represent their site colleagues on District or building level 7 committees should be selected for such representation by their appropriate constituents. The 8 SCDM shall oversee the election or selection of employees who serve as representatives on 9 District or building committees. TEA will oversee the election or selection of employees who are 10 expected to represent their district colleagues on district-wide committees. 11 12 Examples of such committees shall include but not be limited to the following: school 13 leadership committees, building teams, grade level committees, professional development 14 committees, SIP committees, SCDM, curriculum committees, and planning committees. 15 Representation might be according to sites, programs, grade levels, or departments. 16 17 It shall be understood that an employee so selected or elected to represent employees shall be 18 expected to communicate with employees s/he represents. Accordingly, principals and/or 19 program directors shall provide access to time at staff meetings, copy machines and other 20 resources needed for adequate representation of employees. SCDM committees will provide 21 time on SCDM agendas as needed. 22 23

Section 20 – Guidelines for the Pursuit and Acceptance of Grants by 24 School Staff at School Sites 25 26

A. Purpose and Intent: These guidelines are designed to assist staff at the building level to 27 establish processes for considering, applying for and accepting grants. 28 29

1. Not all circumstances can be addressed in advance on issues like these and these 30 guidelines are not intended to be a barrier to applying for grants that will enhance 31 the teaching and learning at individual sites. However, the more closely the 32 guidelines can be followed, the more likely a site will have a positive experience 33 in utilizing grant opportunities. 34 35

2. Because it is in the interest of both the TEA and the District for school sites to be 36 successful in properly implementing grants once they are received, it is the belief 37 of the parties that schools should only rarely consider having more than one 38 school-wide grant in place at a time. We recommend that multiple grants be 39 considered only in exceptional circumstances. 40 41

B. Role of the SCDM: 42 43

12

1. Decisions to pursue or accept building-based grants should be made consistent 1 with the SCDM processes at the school site. Additionally, any requirements of 2 the grant process itself, including staff votes of support must be followed. When 3 the SCDM bylaws are not specific regarding participation in the decision-making 4 process, at least those employees specifically impacted by the grant under 5 consideration must be included in the decision. Records of this process should be 6 kept. 7 8

2. Each SCDM should develop a clear process of communication about grant issues 9 that solicits views from staff and channels information back to staff while the 10 grant is under consideration. This process should account for, as completely as is 11 possible, short time frames for grant applications and application opportunities 12 that arise when staff is not generally available. See the communication 13 recommendations below. 14 15

3. A written proposed budget should be developed and shared with staff through 16 building communication processes prior to the application being submitted. The 17 budget should address issues like compensation for coordination activities, 18 training participation requirements and mileage. It should also address how 19 materials and other supplies will be acquired. 20 21

C. Building Administration--Building Oversight: 22 23

1. It is the legitimate role of the building administrator to monitor the entire grant 24 process. 25 26

2. When a building has more than one grant or when a grant provides facilitators or 27 others from outside the District, the various committees and leadership roles 28 already present in the building and those related to the grant(s) should be clearly 29 delineated. 30 31

D. Communication: All involved in this process, building administrators and SCDM 32 members, must make communication a key component in each and every step of this 33 process. The communication must have as its goal the complete sharing of information 34 in a timely manner with all involved in the process and anyone who will be impacted by 35 the decisions. This must include those inside the building and those outside the building 36 who also will be impacted by the decision. 37

38 1. Notification Process: Buildings should be sure that the District Grants 39

Management Office and Tacoma Education Association have advance notice of 40 the intent to apply for a grant. 41 42

2. If a building plans to expand the application of a grant beyond its specific focus, 43 to teachers outside the focused grade band for instance, the impact of the grant on 44 those additional staff should be included in the information provided to staff. 45 46

13

3. Training: The potential training impact of the grant should be described for staff, 1 to the extent it is known in advance, including the number of trainings, anticipated 2 dates (at least general time frames) and the length of trainings, pay rates for 3 trainings, and whether or not the training is optional or required beyond the 4 contract. Required training beyond the contract shall be compensated at the extra-5 pay-for-extra-work rate. 6 7

4. Duration: The staff must be informed of the duration of the grant and a 8 description of the renewal process, if any. Additionally, staff should be aware of 9 the consequences for the school of not meeting the terms of the grant. 10 11

5. Impacts: Finally, the staff and administration at the building site should discuss 12 and consider the anticipated impacts of adhering to the grant requirements. For 13 example, staff should discuss the following questions: 14 15

6. How do we anticipate acceptance of this grant will change the workload in our 16 building? 17 18

7. Will the grant necessitate any realignment of existing leadership roles and 19 responsibilities? 20 21

8. Will acceptance of the grant require applying for waivers from the existing 22 contractual language in the TEA/TPS contract? 23 24

E. Employee Rights: 25 26

1. Site members not wishing to participate in a grant may voluntarily displace after 27 the decision to accept the grant is made. 28 29

2. Open position announcements for buildings with grants will include the presence 30 of a grant, if any, and the estimated obligation of teachers accepted at the 31 building. 32

33 34

14

ARTICLE III – SALARIES AND BENEFITS 1 2

Section 21 – Salary Guides 3 4

A. Base Salary: The base salary of the salary schedule, while maintaining the current index, 5 shall be $32,913 (inclusive of Professional Responsibility Stipend) for the 2008-09 6 school year and for the 2009-10 and 2010-11 school year, the current index and 7 Professional Responsibility Stipend shall be increased by the state pass through amount 8 designated for cost-of-living increases for educational employees plus 1.00% provided, 9 however, any employee on a salary schedule cell who is paid less than the state law 10 requires, now or hereafter amended, will be paid the salary required by said law as per 11 Appendix IV A—F , Salary Schedule. 12

13 B. Professional Responsibility Stipend: The District will provide a Professional 14

Responsibility Stipend as determined by the employee’s placement on the negotiated 15 Professional Responsibility Stipend Schedule, as an incentive to provide the additional 16 services required of all certificated staff members in the Tacoma School District outside 17 of the base contract and supplemental work days. Payment for this Professional 18 Responsibility Stipend shall be made in twelve (12) equal monthly installments. A part-19 time employee will receive a pro-rata share of this stipend based on the employee’s full-20 time equivalency (FTE). 21

22 C. The Professional Responsibility Stipend recognizes that employees provide a 23

professionally responsible level of services in, but not limited to, the following areas 24 which are beyond the basic contract and consistent with Project Quality Standards: 25

26 1. Attendance at the day before the first student day of the year and at the 27

conference/semester day, 28 2. Preparation of the classroom or work space before, after, and during the school 29

year for quality instruction or support of instruction, 30 3. Conferencing with parents and/or students, 31 4. Preparation for and attendance at reasonable building activities such as open 32

houses, curriculum nights, parent education nights, school and community 33 functions, student orientation and concerts, 34

5. Participation in self-reflection, goal setting and related professional growth 35 activities such as workshops, classes, conferences, seminars or research projects, 36

6. Participation in a reasonable and equitable number of grade level, department, 37 building, job-alike and/or District committees, task forces, processes and 38 activities. 39

7. Planning of instruction and curriculum, the evaluation of student work, the 40 preparation of student assessments, the preparation of summative progress and 41 grade reports for timely distribution, participation in a reasonable and equitable 42 number of IEP and Section 504 meetings, and communicating with parents and 43 students. 44

15

8. Employees shall document the completion of these activities on the TIP System 1 each month of the school year. Leave provisions do not apply to PRS days 2

3 D. Incentive Supplemental Contracts: The following incentive supplemental contracts are 4

provided outside of the base contract and in compliance with applicable state laws: 5 6

1. New Professional signing bonus: Newly hired Certificated staff will receive a 7 supplemental contract in the amount of $1,000 in the first year of employment with 8 the District. In the second year of employment these same individuals will receive a 9 supplemental contract in an amount between $700 and $1,000. The stipend received 10 in the second year will be calculated so that, to the extent possible, it will not be less 11 than that received in the first year provided, however that it does not exceed the salary 12 which will be received in the third year of employment with the District as set forth 13 on the salary schedule after the pass through percentage is known and applied to the 14 base and the professional stipend schedule adjusted according to § 21 (A). Beginning 15 in September 2009, the stipend received in the first year shall be paid on the first pay 16 day in September. The second year stipend shall continue to be paid in the January 17 pay period (on the January 20 pay day beginning in 2010). 18 19

2. Hard-to-fill position signing bonus: The District may designate certificated positions 20 as “hard-to-fill” on the position postings. As part of its review of postings, the 21 Association may request more information or object to the designation of the position 22 as hard-to-fill. If the position posting is accepted by the Association, the position can 23 then be advertised as having a signing bonus of $1,000 for each of the first two years 24 employed by the District which will be paid in the January pay period (on the January 25 20 pay day beginning in 2010). 26

27 3. ESA Hard-to-fill position signing bonus: The District and Association will jointly 28

agree to designate for each school year those ESA categories that are hard to fill. 29 These positions will be advertised as having a signing bonus of $1,000, which will be 30 paid in the January pay period (on the January 20 pay day beginning in 2010). 31

32 4. ESA National Certification Stipend: When an ESA has achieved national certification 33

in his/her profession, the ESA will receive a stipend equal to the state stipend for 34 National Board for Professional Teaching Standards certification for that year. 35

36 E. Prorating of per diem pay for salary computation shall be based on a work day assumed 37

to be seven and one-half (7.5) hours. The appropriate basis for calculating per diem pay is 38 provided for in the provisions of the Agreement specifically authorizing per diem pay, 39 and is described generally in § 24 (C) of the Agreement. 40 41

F. Employees who are authorized and agree to teach beyond their contractual work day shall 42 be paid at their individual hourly per diem rate based on the employee’s placement on the 43 combined salary schedule (base + personal responsibility stipend). Such extra work shall 44 be limited to one (1) hour per day and shall not be authorized for more than 180 days in 45 three years for an individual employee. Exceptions may be granted only in the event that 46

16

no other qualified employee is available. Qualified employees with less than full time 1 contracts shall be offered such extra work prior to full time contracted employees. 2

3 G. When employees are required to work more than 180 days performing substantially the 4

same duties as in the regular school year, they will be compensated at their per diem rate 5 based on the their placement on the combined salary schedule (base + personal 6 responsibility stipend). 7

8 H. All clock hours and inservice or professional credits that are accepted by SPI (Form 9

S275) as per WAC 180-85-030 will be accepted by the District for the purpose of salary 10 schedule advancement. District employees under contract on or before August 31, 1990, 11 shall be grandfathered. All credits earned prior to September 1, 1989, and currently 12 applied to the salary schedule shall be maintained. 13

14 I. An employee with an Extra Pay for Extra Work assignment will be paid in accordance 15

with Section 23. Extra Pay For Extra Work. 16 17

J. Certificated part-time time staff assigned to provide Title I services in eligible private 18 schools shall be paid at the authorized hourly pay rate set forth in Section 34 B for 19 employees working more than seventy-five (75) days in a school year. 20

21 K. Retired employees may be rehired after separation from the District pursuant to RCW 22

41.32.570, when needed to address shortages in hard to fill positions. Employees rehired 23 shall be hired for not more than one year, and the position will be posted for the next 24 school year consistent with the Agreement. Rehired retirees shall have the full rights of 25 the Agreement for the duration of their one-year contract. 26

27 L. Contingent reopener: In the event the Legislature authorizes and funds additional State 28

monies to the District for salary increases for certificated, non-supervisory employees, 29 the District and Association will reopen this section for negotiations for the purpose of 30 distributing such additional monies. 31

32

Section 22 – Certificated Years of Experience Eligibility Criteria 33 For Salary Schedule Placement 34 35

Placement on the salary schedule shall be dependent upon verification of credits and experience 36 supplied by the employee no later than December 31st of the school year in which the placement 37 is being sought. 38 39

A. Employees hired after September 1, 1999 shall be placed on the Tacoma School District 40 No. 10 salary schedule as provided in this subsection. 41

42

17

B. The recognition of years of service and applicable degrees and credits earned shall be 1 consistent with state-established guidelines for placement on the Legislative Evaluation 2 and Accountability Program (LEAP) salary allocation documents. 3

4 C. Employees hired on or before September 1, 1999 shall be placed on the Tacoma School 5

District No. 10 salary schedule as provided in this subsection. 6 7

1. The term “certificated years of experience” for salary placement only means the 8 number of years of accumulated full-time and part-time professional education 9 employment prior to the current reporting school year in the state of Washington, out-10 of-state, and a foreign country. 11

12 2. Employees who have been teaching in a Washington public school will be given one 13

(1) increment for each year of contracted, full time teaching experience. 14 15

3. For salary schedule placement purposes, teaching experience outside the state of 16 Washington will be granted at the rate of one (1) increment for each year of 17 experience at an accredited/approved school. (Preschool, elementary, secondary.) 18

19 4. For purposes of attaining the twenty year increment and to determine seniority for 20

purposes of Reduction in Force (RIF), the District may count only four (4) years of 21 out-of-state teaching experience credit. 22

23 5. Teaching experience at non public schools which have been recognized by OSPI at a 24

rate of one (1) increment for each year of experience will be granted if the service 25 was in a position requiring education certification and the non public school was 26 accredited by the state in which the service was rendered. (Preschool, elementary, 27 secondary.) 28

29 6. For certificated years of experience credit and increment purposes, the equivalent of 30

90 student days as per the approved calendar on temporary contract or on regular 31 contract shall constitute a year of service and entitles the certificated employees to the 32 normal increments. After nineteen (19) years of service an employee is eligible for a 33 twenty (20) year service increment equal to 5% of the previous step as defined in 4. 34 above. 35

36 7. All clock hours and inservice or professional credits that are accepted by OSPI (Form 37

S275) will be accepted by the District for employees under contract on or before 38 August 31, 1990 and shall be grandfathered. All credits earned prior to September 1, 39 1989, and currently applied to the salary schedule shall be maintained. 40

41 8. Additional specific provisions are as follows: 42

43 a. Guidance staff hired before September 1, 1997 will be granted agency experience 44

at the rate of one (1) year experience credit for each two (2) years of agency 45 experience up to a maximum of six (6) years on the salary schedule. Guidance 46

18

staff hired after September 1, 1997 will be granted experience in accordance with 1 the LEAP schedule requirements developed by the State of Washington. For 2 experience to be recognized it must be educational experience in public or private 3 preschools, elementary or secondary schools which require certification. 4

5 b. Physical Therapists and Occupational Therapists will be given four (4) or more 6

years experience credit for previous certificated employment in positions which 7 required certification. 8

9 c. One (1) year's experience will be granted for every two (2) of military experience, 10

to a maximum of two (2) years. 11 12 d. Effective September 1, 1998 for new hires, military experience, up to a total of 13

four (4) years, (for a maximum of two (2) years credit) will be given on the salary 14 guide on the basis of one-half year for each year of military service. Credit for 15 military service will be granted only if an employee’s actual teaching service was 16 interrupted by military service. 17

18 e. Nurses, Psychologists, and Speech Language Pathologists hired between 19

November 25, 1980 to August 31, 1990 were granted agency experience at the 20 rate of one (1) year experience credit for each two (2) years of agency experience 21 up to a maximum of six (6) years. 22

23 f. Nurses, Psychologists, and Speech Language Pathologists hired between 24

September 1, 1990 and August 31, 1997, according to Regulation 4141.1 in effect 25 at that time, were granted experience as follows: 26

27 i. For nonpublic school work experience approved by the Human Resources 28

Department, credit will be given at a rate of one (1) increment for each year of 29 approved experience up to a maximum of ten (10) years of credit on the salary 30 schedule. No credit will be given for self-employment. 31

32 ii. The only work experience considered is the work experience after degrees, 33

certification, etc., which are required by the District, have been completed; 34 provided, however, that the degrees, certification, etc., were also required for 35 the position by the other employer. 36

37 D. Placing Vocational Educators 38

39 1. Degreed employees: Each certificated instructional employee, including vocational 40

educators, with a related degree shall be placed on the salary schedule based on the 41 employee’s years of educational experience, highest degree level and total eligible 42 credits. (The Office of the Superintendent of Public Instruction recognizes some 43 community and technical college experience.) The Director of Vocational Education 44 will determine whether the vocational certificate was acquired as the result of the 45

19

college degree rather than business and/or industry experience or whether the degree 1 is “incidental to or not related to” the vocational certificate. (WAC 392-121-250(3)). 2

3 2. Non-degreed employees: Each employee holding a valid vocational certificate 4

obtained as a result of occupational experience shall be placed on the salary schedule 5 as follows: 6

7 a. Initial placement shall be on the BA column. 8

9 b. Additional credits shall be calculated thus: 10

11 i. Only credits earned after all of the minimum requirements for initial 12

vocational certification will be applicable. These credits must be approved as 13 vocational educator training by OSPI Vocational-Technical Education office. 14 (These requirements are generally more restrictive than those for regular 15 certified employees.) 16

17 ii. Only occupational experience earned after the date upon which the employee 18

met the minimum experience requirements for initial vocational certification 19 can be converted into non-degree credits. This date is indicated by the date the 20 initial certification is issued. 21

22 a) Non-degree credits are determined as one credit for each 100 clock hours 23

of occupational experience up to a maximum of 20 credits per calendar 24 year. (Management experience is also occupational experience.) 25

26 b) Non-degree vocational educators are not eligible for reporting of 27

academic, in-service or “excess” credits. 28 29

iii. Eligible years of certificated years of experience: 30 31

a) Credit may be granted for prior professional educational employment 32 (including teaching at some community and technical colleges.) 33

34 b) Credit may be granted for up to a maximum of 6 years of verified 35

management experience calculated thus: 36 37

1) Work as a supervisor, foreman or manager in the occupational area in 38 which the person will instruct. Occupational experience is defined by 39 WAC 180-77-003(7) “as paid or unpaid work experience in the career 40 field to be taught.” 41

42 2) The “start point” for conversion of management experience into 43

certificated years of experience is the date upon which the individual 44 met the minimum occupational experience requirements for vocational 45

20

certification. Only management experience acquired after that date 1 may be converted into certificated years of experience. 2

3 3) One year equals 2,000 hours of occupational experience in the specific 4

vocational field to be taught. 5 6

4) The years of experience resulting from the process are not credited to 7 seniority. Only educational experience is credited to seniority. 8

9

Section 23 – Insurance Benefits 10 11

A. Sound Partnership Trust 12 13

All insurance programs shall be offered to the employees through the Sound Partnership 14 (hereinafter "TRUST"), unless otherwise expressly provided for the term of this 15 Agreement. There shall be ten (10) trustees, five (5) of whom are appointed by the 16 District, three (3) by the TEA President, one (1) by the Operating Engineers, Local 286, 17 and one (1) by the Tacoma Federation of Para-Educators, Local 461 unless otherwise 18 provided for in statute. The length of the appointment, responsibilities and powers of the 19 trustees shall be determined by the Trust document, provided the trustees shall have no 20 authority to act in violation of this section. 21

22 B. Benefits 23

24 In keeping with the powers and responsibilities as described in the TRUST document, the 25 trustees shall determine the benefits to be provided and the contributions required of 26 eligible full-time and eligible part-time plan participants. The TRUST shall offer group: 27 long-term disability, term life, vision, dental and health insurances. 28

29 C. District contribution 30

31 The District shall provide an insurance benefit contribution to the TRUST of the State 32 allocation amount per month designated for current employees, per eligible FTE. In 33 addition, the District shall provide an additional amount per eligible FTE equal to the 34 state retiree subsidy. 35

36 D. Eligibility 37

38 An employee is eligible for insurance benefits if the employee's regular working 39 assignment is for at least half time. An employee whose working assignment is for at 40 least half time or more but not full time shall be eligible for a prorated payment for 41 insurance benefits. 42

43 E. In the event of a qualified change in family or employment status, an employee will be 44

allowed thirty (30) days in which to enroll in the health insurance plan. 45

21

1 F. Benefit Effective Dates 2

3 The Insurance benefit contributions and provisions contained in this section shall remain 4 in full force and effect for the term of this agreement and may be reopened for 5 negotiations only in the following events unless otherwise provided for in this agreement: 6 7 1. Legislation is passed which requires fringe benefit coverage from another source. 8 2. Any provision of this section does not comply with the law. 9 3. Legislation removes or eases compensation limitations. Or, 10 4. The TRUST is dissolved or considers dissolving. 11

12

Section 24 – Extra Pay For Extra Work 13 14

A. All assignments covered by the Agreement shall be posted with consideration given to 15 members of the bargaining unit prior to hiring from outside candidates. 16

17 The building principal has the responsibility to recommend department 18 heads/instructional team leaders to the Assistant Superintendent, Human Resources 19 Department. In arriving at a recommendation, the principal shall consider the input of the 20 department/team members. 21

22 No employee shall receive compensation from more than one source of funds to 23 supplement pay for the same extracurricular assignment or duty. 24

25 B. There shall be three (3) hourly rates of pay, based upon the extra-pay for extra-work 26

salary base. The Extra Pay for Extra Work salary base for the 2008-09 school year is 27 $32,913, and shall be increased by the amount provided for in § 21 (A) in each 28 subsequent year of this Agreement. 29 30 1. When employees are authorized pay as inservice presenters or trainers, the rate of pay 31

shall be 0.14% of the extra pay base salary per hour. 32 33

2. Summer school, extended learning activities and other assignments authorized for pay 34 at an hourly rate shall be paid .11% of the extra pay base salary per hour. Employees 35 will be selected for extended learning activities based on their seniority and 36 qualifications (endorsements, experience and prior training) in the program or subject 37 being offered. 38

39 3. When employees are authorized hourly pay as a workshop participant, the rate of pay 40

shall be .09% of the extra pay base salary per hour. 41 42

C. The appropriate extra-pay for extra-work rate is to be used for all additional work 43 assignments outside the professional work day, except those specifically designated in 44 this Agreement as compensated at the per diem rate of pay, which is the daily or hourly 45

22

rate of pay of the specific employee based on his or her placement on the salary schedule. 1 There are two per diem rates of pay, one based on the employee’s placement on the base 2 salary schedule, and one based on the employee’s placement on the combined base + 3 personal responsibility stipend salary schedule. Generally if the extra work assignment is 4 a continuation of the employee’s full, regular work beyond the school day or year, the 5 appropriate rate of per diem pay is pay based on the employee’s placement on the 6 combined salary schedule (base + personal responsible stipend). If the work is a specific 7 extra work assignment, the appropriate rate of per diem pay is pay based on the 8 employee’s placement on the base salary schedule. 9 10

D. The following Extra Pay for Extra Work stipends are compensation for work assignments 11 outside the professional work day. This chart of assignments shall be reviewed every 12 three years to determine if the assignments are still necessary, or if new ones are required. 13

14 EXTRA PAY

Senior High Schools Percent of

Base Salary A. Instructional Leadership

(Sections in Departments) 3-5 6 7 8 9

10 11 12

1.28 1.53 1.79 2.04 2.30 2.55 2.81 3.06

B. Department Head

(FTE staff in Department) 3-5

6-10 11-15

over 16

5.9 8.2 9.0

12.0

C. Other Annual – Combined

11.0

D. Band and Marching Group Glee Club Newspaper – Combined Orchestra

12.0 10.0 11.0 4.0

E. Pupil Appraisals 4.0

15 16

23

1 EXTRA PAY

Middle Schools Percent of

Base Salary

District Curriculum Chair Audio Visual Coordinator:

Enrollment up to 599 Enrollment 600 or more Band Director Choral Orchestra Memory Book Pupil Appraisal

12.0

2.4 3.2 4.0 4.0 4.0 3.2 4.0

A.

Instructional Leadership: 5.9% for each team unit in school (based on 1 leader/4.0 FTE staff) distributed as follows:

Sections in Team

Percent of Base Salary

3-5 6 7 8 9

10 11 12

1.28 1.53 1.79 2.04 2.30 2.55 2.81 3.06

B. Team Leader (FTE staff in Team)

3-5

6-10 11-15

over 16

5.9 8.2 9.0

12.0

2 3

EXTRA PAY Elementary Schools

Percent of Base Salary

A. Audio Visual Coordinator:

Enrollment up to 500 Enrollment 501 or more

2.4 3.2

B . Pupil Appraisal 4.0 4 Upon recommendations by the Site-Centered Decision-Making Team, the signature of the TEA 5 building representative, and approval of the building administrator, discretionary building funds 6 will be disbursed for eligible activities. Any extra pay activity that occurs within the workday 7 will result in an extension of the employee’s workday as agreed to by the employee and their 8 supervisor. 9 10

24

Section 25 – Travel Allowance 1 2

Employees approved by the Superintendent or designee to use their private vehicle(s) to travel on 3 school business shall be compensated at the IRS rate. 4 5

Section 26 – Compensation for Required Hearings 6 7

When an employee attends a hearing or court proceeding by District request or by subpoena for 8 reason(s) directly related to his or her work on behalf of a District pupil, said employee will be 9 compensated at the hourly rate for the required hours when such hearings occur on noncontract 10 days or time. The employee must notify the Human Resources Department prior to the hearing 11 or court proceeding to be eligible for payment. 12 13

Section 27 – Payments and Deductions of Salaries 14 15

A. Method of Payment of Salaries 16 17

1. Except for those employees contracted for a number of days which is less than the 18 number normally required for the position, an employee shall be paid in twelve (12) 19 installments consistent with the negotiated salary schedules on the first (1st) banking 20 day of the month beginning in October. Beginning on either September 1, 2009 or 21 January 20, 2010 (as mutually agreed between the parties no later than May 1, 2009), 22 employees shall be paid in twenty-four (24) annual installments consistent with the 23 negotiated salary schedules on the fifth (5th) and twentieth (20th) day of each month. 24

25 2. All bargaining unit employees will have their monthly pay warrants deposited by 26

automatic payroll deposit to an institution(s) of their choice. 27 28

3. In the event an employee serves less than the full contract year, the amount due shall 29 be computed by crediting the employee with a pro rata of the annual salary for each 30 day contracted (including days absent on authorized leave with pay) and by 31 subtracting therefrom any amounts previously paid. 32

33 4. If an employee should die, the estate of that person will not be held liable for any 34

overpayment on contract. 35 36

B. Deduction of Salary for Absences 37 38

1. Deduction of salary for employee absences not covered by leave with pay is 39 computed at per diem, based on the employee’s placement on the combined salary 40 schedule (base + personal responsible stipend), based on the annual salary for each 41

25

day's absence. This is determined by dividing the combined contracted salary by the 1 number of days agreed to in the employee's personnel contract. 2

3 2. Employees under contract who are unable to report for duty during the first (1st) pay 4

period in September because of personal illness shall be placed on the payroll and be 5 paid 1/12 of their annual salary each pay period (or 1/24 of their annual salary 6 beginning in September 2009 or 2010, pursuant to § 27 (A)(1)), as provided above, 7 until all sick leave is exhausted. 8

9 3. An employee who does not release his or her substitute in accordance with the 10

approved procedure for releasing a substitute will have ½ the substitute daily wage 11 deducted from his or her salary if both the employee and the substitute report for 12 work for the same position and the substitute is not reassigned. In the event there is a 13 malfunction of District equipment, the employee shall not be held liable for the 14 substitute penalty. 15

16

Section 28 – Payroll Deductions 17 18

A. Payroll deduction will be provided for salary insurance payments under the American 19 Fidelity Insurance Company as sponsored by the Association. 20

21 B. A certificated employee returning to the District whose payroll deduction was interrupted 22

will be allowed thirty (30) days after the first (1st) day of work to re enroll. 23 24

C. Payroll deductions shall be provided for authorized 457 tax deferred savings plans and 25 authorized 529 college savings plans. 26

27 D. In the event of any overpayments, the finance office shall inform the Association or 28

company concerned who will be responsible to refund the overpayment to the concerned 29 party. Under payments shall be promptly paid by the finance office. 30

31 E. Payroll deduction shall be provided for authorized tax sheltered annuity plans. 32

33 F. The District shall provide for reinstatement of payroll deductions of previous health and 34

dental insurance premium(s) for an employee returning from leave unless canceled or 35 changed through written notice by the employee. To insure the deductions from the next 36 payroll warrant for an employee returning to work on any of the first (1st) ten (10) 37 calendar days of any month, it is necessary for the employee to go to the finance office to 38 complete the proper forms on or before the tenth of the month. 39

40 41 42 43

26

Section 29 – Tax Sheltered Annuities 1 2

The District shall place in each school a list of companies for which tax sheltered annuity payroll 3 deductions are authorized. 4

5

Section 30 – Compliance Provision 6 7

If the District would be in violation of State law or would incur any penalty or decrease in State 8 support as a result of the compensation and benefits provided herein, the excess compensation 9 and/or benefits provided shall be reduced to the maximum amount legally allowable without the 10 District incurring any penalty or reduction in support. The reduction in compensation shall be 11 made on a prorata basis among all certificated employees who received an increase in 12 compensation under collective bargaining agreements or other contracts entered into on or after 13 the effective date of RCW 28A.400.200. The reduction in insurance benefits shall be made by 14 reducing the maximum benefit being received by any employee to the point where the District is 15 in compliance with the FTE average specified by law. Any overpayment may be collected from 16 the employee or offset against future payments as determined by the District. If a final and 17 binding decision is made declaring the compensation and benefit limitation provisions of RCW 18 28A.400.200, or the appropriation act unlawful, provisions of this contract affected by the ruling 19 shall be reopened and the District and the Association shall renegotiate the provisions in 20 accordance with the law. Negotiations will begin within ten (10) days following the decision. A 21 final and binding decision is a final decision of the Supreme Court of the State of Washington, or 22 a final decision of the Superior Court, State of Washington, in an action in which the District is a 23 party and which is not appealed within the time permitted by law. 24

25

Section 31 – Summer School 26 27

A. Summer school positions may be authorized by any one of the following: 28 29

1. District supported summer school, including the high school program. Title I/LAP 30 Program, ESL, and Special Education Program (extended school year [ESY]). 31

32 2. Building-designed summer school. 33

34 B. Employees interested in applying for summer school openings become candidates by 35

completing the “Request for Summer Assignment” form and submitting it by the 36 published deadline. 37 38

27

1. District supported summer school: To fill openings created by A, above, the three 1 most senior qualified candidates will be considered by program administrator(s). 2 Qualification criteria are set forth below. 3

4 a. High school program criteria: The qualified candidate has instructional 5

experience in the curricular area and instructional experience at the high school 6 level. Should no candidate meet this criteria, individuals may be considered who 7 are certified in the subject area without high school instructional experience or 8 who have related instructional experience at the high school level. 9

10 b. Title I and LAP criteria: The qualified candidate has certification and related 11

instructional experience in the level and discipline of the class being offered, with 12 experience in Title I or LAP preferred. 13

14 c. ESL criteria: The qualified candidate has been assigned during the school year to 15

the ESL program. Should no candidate meet this criteria, individuals may be 16 considered who have certification in the appropriate subject area or have related 17 instructional experience in the appropriate grade level(s). 18

19 d. Special education (ESY) criteria: The qualified candidate holds appropriate 20

certification and has instructional experience appropriate to the specific opening. 21 22

2. Building-designed summer school: Building-designed openings above are filled at 23 the building level based on seniority and qualifications (endorsements, experience 24 and prior training) by principal selection. 25

26 C. An individual accepting a summer school assignment is committing to the full 27

assignment. No planned absences, except for the specific days of the NEA convention 28 plus reasonable travel days, when the employee has identified a substitute who has the 29 approval of the program supervisor and is available for the entire absence, will be 30 approved during the summer school assignment. When considering candidates in 31 subsequent years, attendance may be a consideration in the hiring decision. . 32

33

28

ARTICLE IV – LEAVES 1 2

Section 32 – General Provisions 3 4

Leave (i.e., sick, bereavement, family, extraordinary, jury duty, and subpoena) may be utilized in 5 minimum increments of one (1) hour, except under the following condition: If a substitute is 6 required, or special coverage must be arranged by the principal/department supervisor, which 7 requires additional pay, then leave must be used in half and whole day increments. 8 9 Employees on a long-term leave, except for medical leave, shall, on or before February 1 of each 10 year, give notice of intent to return to the District. If employees gives notice to return after 11 February 1, they will be treated as a displaced employees for placement purposes. Employees on 12 medical leave shall provide a doctor’s notice of their status on or before August 1 of each year. 13 14 The District and the Association agree to comply with the provisions of the Federal Family and 15 Medical Leave Act of 1993 and state laws governing leave for school district employees except 16 that any provisions of the agreement that provide benefits and protections beyond those of the 17 Act shall continue in full force and effect. 18 19 An employee returning from an absence will complete a Certification of Reason for Absence 20 form and/or their timesheet (TIP - Time Input Processing) immediately upon resumption of 21 duties. If reason(s) for absence, as certified on this form, are found to be inaccurate the 22 employee will be subject to appropriate consequences; willful falsification of payroll records will 23 result in appropriate discipline up to and including termination. 24 25 In addition, an employee who demonstrates a sudden change in or an irregular pattern of 26 attendance may be required to submit an initial medical report and follow-up reports. 27 28 Requests for exceptions to leave provisions may be granted by the Assistant Superintendent 29 Human Resources, or designee. 30 31

Section 33 – Leaves with Pay 32 33

A. Sick Leave (includes illness, injury and emergency) 34 Employees contracted for a full year (180 days or more) shall be credited with twelve 35 (12) days sick leave at the beginning of each year of employment with the District. 36

37 1. Employees who are contracted for less than a full year or less than a 1.0 FTE shall 38

receive a proration of the twelve (12) days. 39 40

2. The unused portion of sick leave allowance shall accumulate from year to year in 41 accordance with current State law. Pursuant to state laws, Employees may 42 accumulate up to 194 days of sick leave (182 plus the annual allocation of 12 days). 43

29

Sick leave days in excess of 194 days will not be credited to an employee’s annual 1 sick leave account. Employees affected by this maximum may participate in sick 2 leave sharing, cash out excess days pursuant with subsection B of this section, or 3 participate in the annual sick leave cash out under the VEBA III plan. 4

5 3. Sick leave shall apply to illness (including disabilities caused or contributed to by 6

pregnancy, miscarriage, abortion, childbirth and recovery therefrom), injury, illness 7 or injuries to family members covered by the state Family Care Act, RCW 42.12.265-8 295, and up to three (3) days for emergencies. 9

10 The following conditions apply to emergencies: 11

12 a. The problem has been suddenly precipitated. 13 b. Pre-planning is not possible. 14 c. Pre-planning cannot relieve the necessity for the employee’s absence. 15 d. The problem is not minor or of mere convenience, but of a serious nature. 16 e. Auto trouble shall not be considered an emergency except in case of an accident. 17

18 4. An employee may choose to use paid sick leave and extraordinary leave for the birth 19

of a child for the disability period of the employee’s pregnancy as established by the 20 employee’s physician. The disability period may include time before and after the 21 birth and the child’s recovery period. Under normal circumstances the disability 22 period is six (6) to eight (8) weeks. Leave for time beyond the physician designated 23 disability period will be granted without pay as set forth in Section 34 C. The benefits 24 of the federal and state Family and Medical Leave Act also apply to childbirth. 25

26 5. Any employee claiming benefits of more than five (5) consecutive work days for 27

reasons of illness or injury shall submit a medical report the sixth (6th) consecutive 28 work day and every thirty (30) days thereafter while the illness persists. Forms shall 29 be provided by the District for this purpose. In the case of documented serious or 30 life-threatening illness, follow-up medical reports may be waived. A physician’s 31 release must be submitted to Human Resources Department upon return to work if 32 absence is for medical reasons and leave is more than five days. 33

34 6. Employees who resign from the District and are rehired shall retain the number of 35

days of accumulated sick leave held at the time of resignation from the District 36 provided that the sick days have not been used while employed by another employer 37 or paid pursuant to the attendance incentive program. 38

39

B. Sick Leave Cash Out 40 41

An employee, at his or her option, may cash in a maximum of twelve (12) of the eligible 42 unused sick days above an accumulation of sixty (60) days, in January of the school year 43 following any year in which the employee has a minimum of sixty (60) days of 44 accumulated sick leave, at a rate equal to one (1) day’s current monetary compensation of 45

30

the employee for each four (4) full days of accumulated sick leave. The employee’s sick 1 leave accumulation shall be reduced four (4) days for each day compensated. 2

3 At the time of separation from District employment due to retirement, or for employees 4 who separate from employment and who are at least age fifty-five (55) and with at least 5 ten (10) years of service under either TRS 3 or SERS 3 or employees who separate from 6 employment and are at least fifty-five (55) and have at least fifteen (15) years of service 7 under either TRS 2 or SERS 2 or PERS 2, or death, an eligible employee or the 8 employee’s estate shall receive remuneration at a rate equal to one(1) day’s current 9 monetary compensation of the employee for each four (4) full days of accumulated sick 10 leave. 11

12 Annually, the Association shall conduct an election to determine whether the employees 13 will participate in a VEBA plan for cash out of sick leave annually as well as at 14 retirement or separation from the District. The District will assist the Association in 15 distributing materials required for the vote. Should employees elect to participate in the 16 VEBA plan, the Association and District will follow the state and federal law regarding 17 the implementation of the program, the eligibility for participation and the determination 18 of cash out payment amounts. 19

20

C. Bereavement Leave 21 22

1. Employees shall be granted up to five (5) days of paid bereavement leave as the result 23 of the death of any relative residing in the employee’s household and the following 24 family members: spouse, domestic partner registered with the Sound Partnership 25 Trust or other government organization, mother, father, child or children, siblings, 26 father-in-law, mother-in-law, son-in-law, daughter-in-law, grandfather, grandmother 27 and grandchild. 28

29 2. The Board will allow up to three (3) days of paid bereavement leave for attendance at 30

family services of a sister-in-law or brother-in-law. 31 32

3. The Board will allow one (1) day of paid bereavement leave for attendance at the 33 funeral of an aunt, uncle, nephew or niece. 34

35 4. Bereavement leave is non-accumulative. 36

37 5. Requests for exceptions to bereavement leave provisions may be granted in 38

extraordinary circumstances, including travel consideration, by the Assistant 39 Superintendent, Human Resources Department/designee. 40

41

D. Family Illness Leave 42 43

Employees shall be granted a leave of absence with pay of not more than three (3) days 44 during a contract year. Family illness leave applies when the health condition of a 45

31

spouse, domestic partner registered with the Sound Partnership Trust or other government 1 organization, parent, child, parent-in-law, grandparent, siblings, or other relative residing 2 in the household of the employee is of a serious enough nature to require treatment, care 3 or supervision by the employee. 4

5 If the need is such that additional leave is required, the employee may use their personal 6 sick leave (as of January 2003) or extraordinary leave to address their family illness 7 needs as described above. Additional documentation will be required from the employee. 8 Additionally, benefits of federal and state Family and Medical Leave laws may apply. 9

10

E. Extraordinary Leave 11 12

Extraordinary leave will be granted for up to two (2) days per year and is accumulative to 13 a total of six (6) days. The following conditions apply to extraordinary leave: 14

15 1. The employee must call the SubFinder directly. 16

17 2. Leave may not be used to extend a holiday, vacation, or break period or during the 18

first (1st) or last five days of the student school year. 19 20

3. Leave may not be used for political purposes or en masse meetings/activities. 21 22

F. Military/Reserve Duty and Annual Training Leave 23 24

1. Any employee who is a member of the Washington National Guard or of any 25 organized reserve or armed forces unit of the United States shall be entitled to and 26 shall be granted military leave of absence from his or her employment for a period 27 not exceeding 21 days during each fiscal year. 28

29 2. Military leave shall be granted in order that the person may take part in active training 30

duty when required to do so by the military service if such duty cannot be taken 31 during non-contract days. 32

33 3. When military leave is granted the employee shall receive his or her regular pay from 34

the District. 35 36

G. Jury Duty, Subpoena Leave 37 38

1. Leaves of absence with pay are allowed for jury duty. Any compensation received 39 for jury duty performed on contract days will be deducted from the employee’s net 40 salary. An employee dismissed from jury duty must report to his/her assignment if 41 such release occurs at such time the employee could complete one-half work day. 42

43

32

2. Leaves of absence with pay shall be granted for an employee who is subpoenaed to 1 testify in an official proceeding except as provided below: 2

3 a. If the proceeding involves the District and the employee has a direct or indirect 4

interest in the outcome, leave with pay shall be restricted to the first (lst) eight (8) 5 employees subpoenaed to testify per specific proceeding. If more than eight (8) 6 employees are subpoenaed, such leave for each additional employee over eight (8) 7 shall be without pay. One designated Association representative shall be granted 8 leave with pay to attend such proceeding upon being subpoenaed and shall not be 9 included within the count of the first (1st) eight (8) employees if the proceeding 10 involves the Association. 11

12 b. If the proceeding involves self-employment or other employment, leave shall be 13

without pay. 14 15 c. Any compensation received while an employee is honoring a subpoena will be 16

deducted from employee’s net salary, if it is determined that the employee is 17 entitled to a leave of absence. 18

19 d. Leaves under this section are only for the portion of the day when attendance is 20

required. 21 22

H. Professional Leave 23 24

Leaves of absence with pay and with or without reimbursement of certain expenses may 25 be granted to employees for the purpose of attending professional meetings. Requests for 26 such leave shall be on the appropriate form required by the District. Additional forms are 27 required to be completed if travel is involved consistent with Board Policy and 28 Regulation 6132R. Final approval for professional leave is delegated to the 29 Superintendent, or designee, except in the case of leave involving travel outside the State 30 of Washington. Leave involving professional meetings outside the State must be 31 approved by the Superintendent and Board. 32

33 Categories of professional leave which are permitted without salary deductions are as 34 follows: 35

36 1. Substitute and necessary expenses paid by the District. 37

38 This category applies to employees authorized by the Board to attend educational 39 conferences. 40

41 2. Substitute paid by the District; necessary expenses paid by the educator or outside 42

agency. 43 44

This category applies to employee authorized by the Board to attend educational 45 conferences in cooperation with outside agencies. 46

33

1 3. Substitute paid by the educator or his/her sponsor; no expenses paid by the District. 2

3 This category applies to employees authorized by the Board to participate in 4 important conferences or meetings to represent their local organization. 5 Reimbursement to the District for the cost of a substitute is required. 6

7 8

Section 34 – Leaves without Pay 9 10

A. General Provisions 11 12

1. Requests for leave without pay for ninety (90) calendar days or longer must be 13 approved by the Board of Directors. 14 15

2. The following supplemental conditions apply to all leaves in this section with the 16 exception of B.4. Military Service (Active Duty): 17 a. An employee who returns from leave will be returned to the position of last 18

assignment. If the position no longer exists, the employee will be assigned in 19 accordance with Section 74, Displaced Employees. 20

b. An employee granted more than any two consecutive leaves of absence will be 21 assigned in accordance with Section 74, Displaced Employees. 22

c. An employee who returns from an extended leave may return only at the 23 beginning of an applicable semester, quarter, or in the case of elementary schools, 24 the grading period. 25

26 B. Recuperation Leave 27

28 A leave of absence without pay for recuperation purposes must be recommended by the 29 employee’s personal physician. 30

31 C. Parental and Adoption Leave 32

33 1. An employee should notify the Human Resources Department by the end of the 34

fourth (4th) month of pregnancy to assist the Assistant Superintendent, Human 35 Resources Department, in planning for replacement. 36

37 2. Parental leave shall apply to male and female employees and shall begin at a time 38

determined suitable by the employee and the attending physician after consultation 39 with the Assistant Superintendent, Human Resources Department, or designee. 40 Insofar as possible, leave shall begin at a time which is consistent with the orderly 41 continuance of the educational program. 42

43 3. A female employee shall not be required to leave work during pregnancy but shall be 44

allowed to work as long as she is capable of performing the duties of her job. 45

34

1 4. An employee who is legally adopting a preschool child six (6) years or younger may 2

have the privileges of parental leave. The leave shall commence as soon as the child 3 has been placed in the care of the adopting parent (s). An employee may choose to 4 use paid sick leave and extraordinary leave before or after the actual adoption for up 5 to six (6) weeks if the adoption occurs within the United States or up to eight (8) 6 weeks if the adoption occurs outside the United States, up to the amount of his/her 7 accrued paid leave. 8

9 5. Parental and adoption leaves may run consecutively for a period not to exceed the end 10

of the next applicable semester/quarter/grading period after eighteen (18) months 11 from the birth, or placement in the case of adoption, of the child. 12

13 6. Upon the completion of parental/adoption leave, additional leave without pay to the 14

end of the current school year, may be requested. The benefits of the federal and state 15 Family and Medical Leave laws may apply. 16

17 D. Political Leave 18

19 Upon request, employees may be granted political leave in accordance with the following 20 provisions: 21

22 1. With three (3) weeks notice, an employee may be granted up to four (4) weeks of 23

continuous leave without pay for the purpose of campaigning for his/her own 24 election. If the employee is not elected to the political office, the employee shall 25 return to the same position held prior to the leave. 26

27 2. If the employee is elected to the office, the Board may return the employee to the 28

same or mutually agreed upon position until such time that the elected term of office 29 necessitates leaving the teaching assignment. Any employee may hold a political 30 office and continue as an employee as long as it does not interfere with the 31 contractual assignment. 32

33 3. The Board may extend to the employee who is elected to a political office a leave of 34

absence without pay for one (1) year or a fraction of a year. 35 36

E. Military Service (Active Duty) 37 38

1. Any employee who volunteers, is inducted or is recalled into active military duty 39 shall be considered to be on a leave of absence without pay for the period of such 40 service not to exceed five (5) years. If he/she requests re-employment within ninety 41 (90) days of honorable discharge from such military service or after having presented 42 other proof of having satisfactorily completed service, he/she shall be reinstated and 43 restored, as nearly as existing circumstances permit, to the position previously held or 44 to a position of like seniority, status and pay; provided, that the Board need not re-45 employ such person if circumstances have so changed as to make it impossible, 46

35

unreasonable, or against the public interest to do so. Provided further, that to the 1 extent permitted by law, this section shall not apply to an individual filling a 2 temporary position at the time of the request for leave. 3

4 2. If a person is not qualified for his/her old position as a result of disability sustained 5

during his/her service, but is nevertheless qualified to perform the duties of another 6 position, under the control of the employer, he/she shall be re-employed in such other 7 position; provided that such position shall provide like seniority, status and pay, or 8 the nearest approximation thereto consistent with the circumstances of the case. 9

10 F. Other Unpaid Leaves 11

12 Leaves of absence without pay, not to exceed one(1) year, may be granted. Such leaves 13 of absence may be renewed for a second year. Leaves of absence without pay are subject 14 to the following conditions: 15

16 1. Study 17

A leave of absence without pay for study entitles a staff member to a service 18 increment on a salary schedule provided that during the school year in the leave 19 period at least twenty-two (22) semester hours or thirty-three (33) quarter hours of 20 college credit have been earned or study without credit required in a degree program 21 has been performed. 22

23 2. Overseas teaching/educational travel/exchange programs. 24

Leave may be granted to teach overseas, teaching an exchange program or pursue a 25 program of educational travel. Such leave may be renewed; renewals are limited to 26 three. 27

28 3. Other 29

The Board may grant leave for a specific purpose recommended by the 30 Superintendent. 31

32 33 34

36

ARTICLE V – RIGHTS OF CERTIFICATED 1

SUBSTITUTE EMPLOYEES 2 3

Section 35 – Salary and Contract Provisions of Substitute 4 Employees 5 6

A. Substitute Rates: 7 8

The daily rate of pay for a substitute teacher shall be as follows: 9 10 1. $120 per day in 2008-09, $125 per day in 2009-10 and $130 per day in 2010-11. 11 2. Substitutes working less than four (4) hours shall be paid for 60% of the daily rate; 12

for four (4) or more hours, the pay will be for a full day. 13 3. Substitutes who are called to work for a full day assignment shall be paid at the full 14

daily rate. 15 4. Beginning with the sixteenth (16th) consecutive day in the same assignment, retired 16

Tacoma teachers shall be paid a daily rate equal to their placement on the current 17 salary schedule. 18

5. The daily rate for substituting at SOTA on full instructional days (Monday through 19 Thursday) will be 110% of the rate the substitute would be paid if working at another 20 school in the District. Proration for half-day pay shall be 60% of the rate if working 21 at another school 22

23 B. Assignment: 24

25 Principals can reassign a substitute, once they have arrived at a building, based on the 26 needs of the building. 27

28 C. Substitute Training: 29

30 $25,000 shall be provided each year for the work of the Professional Development Office 31 in consultation with the Association, including three, two-day training sessions for 32 substitutes. Substitutes attending the training shall be paid their daily rate for each day of 33 the training. 34

35 D. Additional Substitute Training Opportunities: 36

37 Substitutes who are members of the TEA bargaining unit may attend curriculum and 38 other training offered by the District. Substitutes shall be paid their daily rate or 39 proration thereof for time in attendance at district training. 40 41

42

37

E. Feedback Forms: 1 2

The nature of substitute assignments dictates that formal observation/evaluation cycles 3 will not typically be possible for substitutes. Nevertheless, because of the importance of 4 providing substitutes with feedback on their performance, a form will be provided to 5 administrative/supervisory evaluators for their use in providing feedback in a 6 standardized format. All feedback forms will be sent to the Human Resources 7 Department, which will file the original form in the substitute’s personnel file, return a 8 copy to the originator, and promptly provide a copy to the substitute 9

10 A substitute may request an appointment to review any feedback received in the Human 11 Resources Department and may attach addenda to their feedback forms following such 12 review. 13

14 F. Contract Rights: 15

16 A regular substitute, as determined by the PERC decision, shall have the rights of the 17 following sections of this Agreement: 18

19 Preamble 1. Definitions 2. Recognition 3. Duration and Reopeners 4. Status of the Contract 5. Conformity to Law 6. Rights of the Board 7. Distribution of the Contract 8. Bargaining a New Contract 9. Association Leaves 10. Dues Deductions 11. Representation Fee 12. Building Use 13. Communications 14. Delivery Service 23. Insurance Benefits 25. Travel Allowance 26. Compensation for Required Hearings 28. Payroll Deductions 30. Compliance Provision 35. Salary & Contract Provisions 36. Academic Freedom 37. Classroom Visitors/Observation 39. Instruct. Materials/Parental Review 40. Grading Practices 41. Ownership of Materials 43. New Employee Orientation

46. Dissemination of Professional Information 48. Calendar - Term of Employment 50. Professional Work Day 51. Planning Periods 52. Staff Protection 53. *Covering Classes 55. Student Discipline /

Administrative Response 56. Documentation of Incidents 57. Employee Duties and

Responsibilities 58. Physical Facilities 62. Job Description 64. Elementary Schools (Grades K-5) 65. Middle Schools (Grades 6-8) 66. High Schools (Grades 9-12) 67. Middle School and High School

Class Size/Staffing Compliance 68. Special Education, ESA’s and

Learning Specialists 71. Supplemental Contract 73. Personnel Files 74. Cause 75. Equitable Treatment 76. Sexual Harassment 77. Staff Diversity Plan

38

1 2 Article XIV – Grievance Procedure. 3 4 This article is the only article of this Agreement applicable to regular substitute employees 5 except as provided herein. Unless specifically noted, items included in the appendix do not 6 apply to substitutes. 7 8 9 10 11

39

ARTICLE VI – INSTRUCTION 1 2

Section 36 – Academic Freedom 3 4

A. Academic freedom is defined as: 5 6

1. The right/responsibility to teach and learn about controversial issues which have 7 economic, political, scientific or social significance. 8

9 2. The right/ responsibility to present instructional materials which are pertinent to the 10

subject and levels taught, within the outlines of appropriate course content and within 11 the instructional program. 12

13 3. The right/responsibility to maintain a classroom environment which is conducive to 14

the free exchange and examination of ideas which have economic, political, scientific 15 or social significance. 16

17 4. The right of teachers to participate fully in the public affairs of the community. 18

19 B. Employees shall be free to express their personal opinions on all matters relevant to the 20

course content and appropriate to the subject and levels taught, provided that when this 21 personal opinion is stated, the class is so informed. All facts of controversial issues shall 22 be presented in a scholarly and objective manner within the limits of appropriate 23 discretion and propriety in a manner consistent with policy 2331. Employees should 24 notify the administration when intending to cover a controversial topic. 25

26

Section 37 – Classroom Visitors/Observation 27 28 In order to provide patrons the opportunity to visit classrooms with the least interruption to the 29 teaching process, the following guidelines are set forth: 30 31

A. All visitors to a classroom shall obtain the approval of the building administrator. 32 33

B. The time will be arranged by the building administrator with the classroom teacher's 34 approval. 35

36 C. The teacher shall be afforded the opportunity to confer with the classroom observer 37

before and/or after the observation. 38 39

Section 38 – Materials Selection: 40 41 Instructional materials shall be selected and made available to interested persons according to the 42 following guidelines: 43

40

1 A. Core and supplemental instructional materials for each course and/or grade level shall be 2

selected according to Policy and Regulation 2020, the applicable rules, regulations, and 3 guidelines of the Office of Superintendent of Public Instruction and the State Board of 4 Education. 5

6 B. Additional instructional materials may be selected by individual teachers for occasional 7

use in the classroom. Such materials are subject to principal approval based on level of 8 ability and maturity of the students, the content of the course and alignment with District 9 curriculum, student learning requirements, and grade level expectations and best 10 instructional practices. 11

12 Procedures for material review and/or complaint(s) is(are) set forth in Section 39 - Instructional 13 Materials/Parental Review. 14 15

Section 39 – Instructional Materials/Parental Review 16 17

A. Any parent, guardian or person having control or custody of any student enrolled in a 18 school may arrange, with the building administrator of that school, a specific time to 19 review and examine all instructional materials of whatever nature, whether audible or 20 visual, used or to be used in any course of instruction in which the student is enrolled 21 except examination materials in advance of the date of examination. 22

23 B. All complaints to the use of any materials must be presented utilizing the Request for 24

Reconsideration of Instructional Materials Form (as per Regulation 2020) and will 25 include the name of the author, title, the publisher, and the objections by pages and items; 26 or in case of materials other than printed materials, written information specifying the 27 precise nature of the objection. The statement must be signed and identified in such a 28 way that a proper reply will be possible. 29

30 C. When a complaint is received, all appropriate persons will be notified and the time and 31

content of the review process will be established in consultation with such appropriate 32 persons. 33

34 D. An individual student may be excused from using challenged materials after the parent or 35

guardian has completed the Request for Reconsideration of Instructional Materials Form. 36 The teacher will then assign the student alternate materials of equal merit. 37

38 E. The use of challenged materials by class, school or District shall not be restricted until 39

final disposition has been made by the appropriate review committee. Individuals may be 40 excused from using challenged materials according to the Procedure for Individual 41 Request. 42

43 F. In deliberations of challenged materials a District's Review Committee shall consider the 44

educational philosophy of the District, the professional opinions of other teachers of the 45

41

same subject and of other competent authorities, reviews of the materials by reputable 1 bodies, the teacher's own stated objectives in using the materials, and the objections of 2 the complainant. 3

4 G. The findings of the Building Review Committee and/or District Review Committee shall 5

be a matter of written record and transmitted to the Superintendent and the appropriate 6 level Assistant Superintendent who will notify interested parties of the findings. 7

8

Section 40 – Grading Practices 9 10 The teacher shall have the authority and responsibility to determine grades and other evaluations 11 of students. No grade or evaluation shall be changed by anyone other than the teacher provided 12 that: 13 14

A. It is adequately documented 15 16

B. It is based on achievement. 17 18

C. It is consistent with school and/or District rules. 19 20

Section 41 – Ownership of Materials 21 22 The Board recognizes that employees under contract to the District may, in carrying out their 23 professional responsibilities, develop materials related to their work. It is understood by the 24 Board and the employees that such materials developed as a part of regular employment are the 25 property of the District. It is also understood that materials created during the leisure hours when 26 an employee is not fulfilling contractual duties to the District are the property of the employee. 27 28 29

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ARTICLE VII – STAFF DEVELOPMENT 1 2

Section 42 – Professional Development 3 4 To ensure that professional development is appropriate, aligned with District goals, relevant and 5 meaningful, the Association and the District mutually agree that certificated staff need to provide 6 authentic, stakeholder input into its design and implementation. 7 8 The Association and the District believe that this can be accomplished by surveying and 9 assessing staff training needs, recruiting and providing collegial instructional opportunities, 10 planning and promoting district offered trainings, eliciting feedback from professional 11 development sessions, and association membership participation on the Professional and 12 Organizational Development Advisory Committee (PODAC). 13 14 PODAC is a committee that is designed to exemplify Tacoma School District’s strong 15 commitment to provide quality training opportunities for certificated staff through effective 16 coordination of professional development requirements, options and opportunities. PODAC will 17 have two members appointed by the TEA President. 18 19 Professional and Organizational Development will structure quality professional development 20 classes that shall provide diverse training opportunities that are designed to enhance student 21 achievement, build pedagogical skill and knowledge, encourage quality work performance, and 22 provide opportunities for professional growth aligned with Project Quality. 23 24

Section 43 – New Employee Academy 25 26 27

A. Employees new to the District will be provided two (2) days of New Employee Academy 28 training. The content of the New Employee Academy will be developed and managed by 29 the Professional and Organizational Development Advisory Committee (PODAC) with 30 input from second-year employees who attended the Academy in the prior year. The 31 PODAC will determine the method by which such input will be obtained, provided no 32 fewer than six (6) employees be consulted in person at the conclusion of the first year 33 within the District. 34

35 B. Additional days of required orientation may be offered based on District need and 36

resources. Such training may be targeted to employees assigned to specific grade levels 37 and/or subject areas. The PODAC will determine the additional time necessary. 38

39 C. Compensation: Employees new to the District shall be paid a stipend equal to their daily 40

rate or proration for each day of required orientation. 41 42

43

D. Support: The administration shall provide supervision, supportive services and 1 comprehensive evaluation to help the new certificated employee succeed in his/her 2 employment utilizing Project Quality recommendations for development of new teachers. 3

4 E. For each employee new to a work site or program, the supervising administrator(s) will 5

designate an experienced employee volunteer (“buddy”). The employee volunteer will be 6 available and willing to provide operational and procedural information to facilitate the 7 new employee in making a smooth transition into the day-to-day operations at the work 8 site or program. The employee volunteer is not expected to perform the duties of a 9 mentor. No current employee will be required to volunteer as a “buddy.” 10

11

Section 44 – Mentor Program 12 13

A. Mentees: Employees new to the profession will be supported through the District Mentor 14 Program consistent with state guidelines and based on State funding. Such support shall 15 include an identified mentor and release-time within available State funding, for both 16 mentee and mentor to collaborate. In addition, the District will coordinate at least four 17 interactive meetings each year for the purpose of assisting mentors and mentees through 18 the stages of mentorship. 19

20 B. Any employee may request mentor assistance through the office of the Director of 21

Professional and Organizational Development. The Director may allocate mentors to 22 employees making a request based on identified need and the availability of mentors and 23 resources. 24

25 C. Where possible mentors and mentees will be assigned in the same building. 26

27 D. Mentors: Experienced employees may apply to be mentors through the office of 28

Professional and Organizational Development. Mentor training will be available and 29 open for registration to all interested employees with five (5) or more consecutive years 30 of satisfactory evaluations and principal recommendation. 31

32

Section 45 – Optional Days 33 34 Each regularly-contracted full-time certificated employee shall be entitled to seven optional six 35 hour per diem, based on the employee’s placement on the combined salary schedule (base + 36 personal responsible stipend), days as follows: 37

2 Building-based days (12 hours) 38 4 District-based days (24 hours) 39 1 Individually-directed day (6 hours) 40

41 Regularly contracted employees who work less than full time shall be entitled to a prorated 42 number of optional days. Optional days may be worked in blocks of time of two (2) or more 43 hours, exclusive of meals, breaks and sign-in procedures as applicable, to a total of six (6) hours. 44

44

Professional Development offered by the District will provide for clock hours whenever clock 1 hours can be given pursuant to OSPI guidelines. 2 3 Building-based: Building-based optional days are utilized for building-based extra work 4 consistent with options established by the SCDM team or by a consensus of the staff. The 5 SCDM committee will solicit input from staff prior to creating a professional development 6 training schedule. Appropriate professional development activities include but are not limited to 7 the following: those which supports the implementation of, building- based programs and 8 School Improvement Plans (SIP), student learning plans, diploma requirements, goals 9 established pursuant to Project Quality evaluation and/or Professional Certification requirements, 10 action research, teacher leadership (i.e. training for mentors, reading coaches, instructional 11 facilitators, etc.), team planning, preparation for the opening or closing of the school year, 12 implementing curriculum materials and instructional strategies, parent involvement and 13 conferencing, and improving student achievement and attendance. 14 15 District-based: District-based optional days are utilized for district-based extra work 16 consistent with options established by the Professional and Organizational Development 17 Advisory Committee (PODAC). Appropriate professional development activities include but 18 are not limited to the following: goals established pursuant to Project Quality evaluation and/or 19 Professional Certification requirements, action research, mentor and/or instructional facilitator 20 training, curriculum alignment, implementation of technology to enhance instruction, 21 differentiated or sequential curriculum components necessary to implement District initiatives, 22 and SIP plans. The District will schedule District-offered professional development activities on 23 waiver days or within the employee workday as an option for employees who prefer not to use 24 optional days to obtain required training. These offerings may have limited capacity and be 25 offered to those employees registering first. A calendar of approved District curriculum optional 26 days training shall be made available to staff on or before the second (2nd) Friday of each school 27 year and shall be updated regularly. 28 29 In addition to the District-approved list, other Professional Development proposals for activities 30 including external training that supports the district-based work will be submitted to the 31 Executive Director of Curriculum and Instruction for approval. Employees must submit 32 proposals for pre-approval a minimum of five (5) workdays prior to the start of the activity or 33 class. The Executive Director of Curriculum and Instruction will make a form for this purpose 34 available to all employees. 35 36 If the employee’s request is denied by the Executive Director of Curriculum and Instruction, the 37 employee may submit a written appeal to the denied proposal within five (5) workdays to the 38 Assistant Superintendent of Program and Instruction and the TEA President. The Assistant 39 Superintendent and TEA President will confer and render a decision in writing to the employee 40 within ten (10) workdays. 41 42 Individually-directed: Individually-directed optional days are utilized by the employee as 43 individually determined. 44 45

45

Usage and Reporting: August 15 will be the cut-off date for the reporting of optional days 1 worked in the prior school year except as follows: Buildings and departments may conduct 2 optional day activities after August 15 and before the first required contract day of the next 3 school year, these days, as well as individual days, shall be allowed to be counted and reported 4 by the participating employees provided that they are reported no later than September 15. 5 6 Optional days for the upcoming school year may be worked prior to the start of school, but not 7 before August 15th and should be reported for payment after September 1st. 8 9 The District and Association will annually publish mutually agreed upon guidelines for optional 10 day use and reporting. 11 12 13

Section 46. Dissemination of Professional Development Information 14 15 The District will centralize information relating to professional development in an instructional 16 improvement center. The material will be readily available and accessible to employees. 17 18

Section 47. Professional Growth Funds: 19 20 In each year of the Agreement $150,000 shall be made available for employee-directed 21 professional growth. Allowable expenditures will be reimbursed pursuant to guidelines 22 established by Tacoma Education Association. Guidelines and reimbursement applications are 23 available to bargaining unit members in the TEA Office. 24 25 26

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ARTICLE VIII – CONDITIONS OF WORK 1 2

Section 48 – Calendar – Term of Employment 3 4 School Year Calendar: No later than March 1st annually, the District shall adopt the 5 school calendar for the subsequent school year. The calendar shall be established within 6 parameters which have been negotiated by the District and the Association. Prior to adoption, 7 the calendar shall be shared with the Association. 8 9 LID Days: Two state-funded Learning Improvement Days will be added to the 180 contracted 10 day work year as a part of the base salary schedule and shall be dependent upon continued state 11 funding. Work activities scheduled for these days will be consistent with allowable activities 12 pursuant to state rules for usage set forth in WAC 392-140-957. Scheduling of days shall be 13 completed consistent with Section 48. Calendar - Term of Employment, of the agreement. 14 15 The contract provisions as set forth in Section 50. Professional Work Day, Section 33. Leaves 16 with Pay, (exclusive of Extraordinary Leave) shall be applicable to the state Learning 17 Improvement Days. 18 19 PRS Days: Professional Responsibility Days as set forth in Section 21 (B) require attendance. 20 If an employee has an emergency he/she should request an exception by contacting the 21 Association President. 22 23 Make-up Days: In the event the Tacoma Public Schools are closed by the Superintendent, 24 negotiations shall begin within five (5) school days after they are reopened to amend the school 25 year calendar to insure 180 student days. If within ten (10) school days mutually agreeable make 26 up days are not arrived at, they will be scheduled at the end of the school year. 27 28 Non-School Assignments: Employees not assigned to a school/level will work the days on 29 the school calendar which most closely correlate with the school/level at which they perform a 30 preponderance of their duties. 31 32 Early Dismissal Days: On early dismissal days for Thanksgiving, winter break and the last 33 day of school, employees will be released thirty (30) minutes after students are released. 34 Employees not assigned to a school building will work the same number of hours as high school 35 personnel. 36 37 Conference Days: Elementary and middle, and high school conference days may be flexibly 38 scheduled with the approval of the Assistant Superintendents for Elementary and Middle School 39 and High School Education to accommodate attendance by parents or in response to individual 40 scheduling needs. 41 42 Student Year Waiver Days: The parties agree the District will make application for a state 43 waiver of up to five student instructional days in each year of this Agreement. These days will 44

47

be regular work days for employees as set forth in Section 50. Placement of these days in the 1 calendar is subject to the process outlined above in this section as part of establishing the school 2 year calendar. 3 4 Purpose: The primary purpose of these days is for building-based activities that include the 5 entire staff in supporting the implementation of School Improvement Plans, improvement of 6 instruction and improvement of building leadership capacity. Building-based activities will be 7 based on the goals of the School Improvement Plan and developed through the SCDM with input 8 from the SIP team. It is the intention of the parties that these waiver days will eliminate the need 9 to schedule required time beyond the contract day or during planning time for these activities. 10 11 The District will schedule District-offered professional development activities on these days as 12 an option for employees who prefer not to use optional days to obtain required training. These 13 offerings will have limited capacity and be offered to those employees registering first. These 14 District-based activities will be scheduled at times which do not unduly fragment staff 15 participation in building-based activities. They will be scheduled sufficiently far in advance that 16 buildings can plan their activities around District activities. With input from staff involved, the 17 District will develop professional development activities for itinerant employees for whom 18 building-based activities are not relevant. District-based activities will be developed through the 19 Professional and Organizational Development Advisory Committee (PODAC). 20 21 The parties will meet no later than March 15 of each year of the Agreement to evaluate the 22 implementation of this provision. Either party may reopen this section with written notice by 23 February 1st of each subsequent year, in order to provide an opportunity to review 24 implementation of the waiver days and determine whether to continue to utilize up to five (5) 25 waiver days prior to the establishment of the calendar for the next school year. 26 27

Section 49 – Non-Teaching Work Assignments 28 29 Necessary non-teaching work assignments such as record keeping and due process paperwork 30 shall be kept to a minimum so the certificated professional’s time can be directed to working 31 with students directly. Reasonable effort will be made to facilitate this through appropriate use 32 of technology and a yearly assessment for meeting required compliance standards. 33 34

Section 50 – Professional Work Day Provisions 35 36 Work Day: Employees assigned to a school shall work a straight seven and one half (7 ½) 37 hour day inclusive of not less than a thirty (30) minute duty free lunch period exclusive of 38 passing time. This shall be considered the professional work day. No teacher will be required to 39 teach outside the regular student day. 40 41 An employee, upon leaving word in the office, may leave his/her place of duty during lunch. An 42 employee may leave his/her assigned building during the work day with the approval of the 43 building administrator or supervisor. 44

48

1 Employees on the Salary Schedule for Teachers who work at the Central Administration 2 Building will work a seven (7) hour day exclusive of lunch. Lunch period will be mutually 3 agreed to by the employee and his or her immediate supervisor. 4 5 Alternate Schedule: Employees at school sites may voluntarily work an alternate schedule 6 subject to review by the Site-Centered Decision-Making process and administrative approval 7 when such a schedule is in response to program needs and services. 8 9 Itinerant Teachers: In order for itinerant teachers to be most effective in their duties, it is 10 agreed that their schedules shall include no less than thirty (30) minutes for lunch, and sufficient 11 time for traveling from one (1) assignment location to another. Travel time will include the time 12 it takes to exit one place of duty and arrive at the second place of duty. 13 14 Early Release Day Agenda: The staff or their representatives and the Principal will jointly 15 determine the agenda for early release day activities. Such participation shall be confirmed by 16 the signature of the head Association Representative, as well as the Principal, on a form 17 submitted to the district. An Inservice associated with an early student release shall conclude at 18 the end of the regular professional work day. 19 20 Staff Meetings: Staff meetings should be held for the purpose of discussing methods of 21 teaching, discipline, and management and for the consideration of methods for the improvement 22 of the school. An agenda for staff meetings should be provided to the staff twenty-four (24) 23 hours in advance. However, additional announcements or items may be added, at any time, to 24 the agenda. Employees may recommend items for the agenda. 25 26 Employees are also required to attend not more than eight (8) staff meetings which extend up to 27 forty (40) minutes beyond the professional work day. This shall not preclude meetings being 28 scheduled during the professional work day. 29 30 School-wide Supervision: School-wide supervision, school activities and control will be 31 shared equitably by all staff members. To this end, each employee shall participate on a 32 voluntary basis. The building administrator will establish a procedure to insure equitable 33 participation. 34 35 Delayed Start due to Hazardous Conditions: In the event of a delayed start of school, 36 certificated staff or work sites impacted by such a change in schedule shall make a good faith 37 effort to arrive at work at the normal start time. However, if due to hazardous driving conditions, 38 the employee is unable to arrive on time there shall be no deduction of leave time or loss of pay 39 provided the employee arrives one-half (½) hour prior to the altered start of the student school 40 day. In the event school(s) are dismissed early due to inclement weather, certificated staff shall 41 be released one half (½) hour after the student dismissal. 42 43

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Section 51 – Planning Periods 1 2 Being prepared each day to provide their students with worthwhile learning experiences is a 3 major responsibility of classroom teachers. To this end, it is recognized that all employees are 4 required to make adequate preparations for meeting their responsibilities both inside and outside 5 the school day. 6 7

A. Planning times shall be provided during the professional work day as follows: 8 9

1. High school employees with full time assignments shall have the equivalent of a class 10 period (not less than forty-five (45) minutes) each school day to be used for 11 educational planning. 12

13 2. Middle school employees with full time assignments shall have the equivalent of two 14

hundred twenty five (225) minutes per five (5) day week for the purpose of 15 educational planning. A planning period will consist of no less than forty five (45) 16 continuous minutes. 17

18 3. All full-time certificated elementary employees shall have a minimum of two-19

hundred thirty (230) minutes per five day week for the purpose of educational 20 planning. A planning period shall consist of no less than twenty (20) continuous 21 minutes and each full-time certificated elementary employee shall have at least thirty 22 (30) continuous minutes of planning each full student day. However, adjustments in 23 the student day may be made in order to meet the minimum student contact time 24 required by the Basic Education Act. 25 26

4. Part-time employees shall have weekly minute educational planning time allotments 27 pro-rated by the length of their assignment and the allotment of planning time at their 28 grade level for full-time employees. Planning time shall be in blocks of time of no 29 less than twenty (20) minutes. 30

31 No regular, required meetings will be scheduled during planning time 32

33 Elementary planning periods shall be assigned during the student instructional day and 34 shall be exclusive of elementary conference days, the thirty (30) minute duty free lunch, 35 travel time between assignments. The planning time provision is not in effect on non-36 student days. 37

38 B. ESA personnel assigned to more than one location shall have planning time allocated 39

proportionally to the time assigned to each school or program site. Planning time shall be 40 in blocks of time of no less than twenty (20) minutes. The planning time schedule shall 41 be developed in consultation with the appropriate principal(s) or supervisor(s). 42

43 C. Planning periods shall not be assigned during the Board Policy designated thirty (30) 44

minutes at the beginning and end of the professional work day. 45 46

50

Section 52 – Staff Protection 1 2

A. In order to assure a safe learning environment for students and staff and to affirm a 3 commitment to zero tolerance for weapons and violence in the Tacoma Public Schools, 4 the District and the Association agree that the following initiatives will be implemented 5 over the duration of the Agreement. 6

7 1. A needs assessment of school safety involving students, staff and parents will be 8

undertaken as needed. The needs assessment shall include building security and 9 operational procedures, staff access to phones for emergency communications, 10 District-wide policies on school safety, and emergency procedures as needed. 11

12 2. Best practices and promising approaches in violence prevention training shall be 13

made available to staff. 14 15

B. Preservation of order in the schools: 16 17

1. An employee may use such force as is necessary for self protection from attack or to 18 prevent injury to another person (adult or student). 19

20 2. The District shall give priority consideration to the utilization of appropriate security 21

personnel at functions such as athletic events, school plays, concerts, and other school 22 functions to maintain discipline and order. 23

24 3. Employees will not, nor shall they be asked or required to, search students, lockers or 25

student possessions. 26 27

C. Threats to Safety: Employees who are threatened with bodily harm by any 28 individual or any group, while carrying out their occupational obligations, shall 29 immediately notify the building principal or supervisor. The principal or supervisor shall 30 notify the Superintendent's office of the threat and take immediate steps in cooperation 31 with the employees to provide every reasonable precaution for their safety. 32 Precautionary steps shall be reported to the Superintendent's office at the earliest possible 33 time. 34

35

D. L & I Disability: Upon determination by the Washington Department of Labor and 36 Industries that an employee has been physically disabled by a job related injury or illness 37 because of an assault on the employee's person arising out of and/or in the course of the 38 employee's employment, the District will grant the injured employee leave of absence 39 with normal contract pay for the duration of the injury or illness, not to exceed twelve 40 (12) months, with no reduction in accumulated sick leave. 41

42

51

1. The injured or ill employee shall undergo such medical examinations by 1 qualified examiners as requested by the District. When found fit for duty the 2 employee shall return to duty pursuant to the rules and procedures of and 3 standards set by the Washington State Department of Labor and Industries, 4 except that placement in a position shall be pursuant to the terms of the 5 Agreement; provided, however, the District is authorized to establish a 6 modified duty assignment to accommodate the employee until said employee 7 is released to assume regular duties. 8

9

2. The employee shall, as a condition of receiving benefits under Section 52. 10 Staff Protection, L & I Disability, execute an assignment of the proceeds of 11 any judgment or settlement in any third (3rd) party action arising from such 12 injury or illness in amount of compensation received pursuant to Section 52. 13 Staff Protection, L & I Disability, but not to exceed the amount of such 14 proceeds. Such assignment shall be in the form prescribed by the Prosecuting 15 Attorney's Office of Pierce County. 16

17

E. District Liability Insurance: The District shall protect employees by maintaining a 18 standard comprehensive bodily injury and property damage public liability insurance 19 contract in the amount of $1,000,000 per occurrence. 20 21 It is further agreed that the Board will not surrogate its rights to the insurance carrier for 22 any claim paid as a result of a loss occurring while the employees are acting within the 23 scope of their duties as employees, whether such duties were expressed in the 24 employment contract or implied because of the nature of the employment, whether such 25 duties were performed during the regular duty hours or for the extracurricular activities 26 outside of the regular duty hours. 27 28 The District recognizes its obligation to provide insurance under RCW 28A.400.370. In 29 the event of a repeal or amendment of that statute during the life of this Agreement, the 30 District agrees to continue in effect the insurance provided under that statute for the 31 remaining life of this Agreement. 32

33

F. Personal Public Liability Insurance: It is the personal responsibility of an 34 employee who uses her/his personal automobile in the performance of duties to carry 35 public liability insurance for bodily injury and property damage. The Board cannot be 36 obligated to provide insurance for the employee's vehicle on a first party basis. 37

38

G. Medical Professional Liability Protection: The District shall provide School 39 District psychologists, nurses, occupational therapists, physical therapists, and all others 40

52

who perform medical services as part of their duties with medical professional liability 1 protection in the amount of $250,000 per occurrence to a maximum of $1,000,000 per 2 policy year. In the event that the present coverage for psychologists is canceled by the 3 insurance carrier, this item is subject to immediate renegotiations. 4

5

H. Vehicle Damage/Loss Provisions: The District will reimburse an employee for 6 slashed tire(s) and/or damage caused to a vehicle which occurred in the course of his/her 7 employment pursuant to the following conditions: 8

9 1. A police report must be filed and a copy of said report must be provided to the 10

principal/supervisor within forty-eight (48) hours of the incident. 11 2. The reimbursement shall be subject to a $1,000.00 maximum reimbursement 12

of actual expenses for each loss. The reimbursement is to cover the 13 employee’s insurance deductible amount, provided, however, that if the 14 employee does not have insurance the District will reimburse the actual repair 15 expense amount up to $1,000. 16

3. Other vandalism or loss is not covered. 17 4. If the employee files a claim to his/her insurance carrier, the District will 18

coordinate insurance benefits. 19 5. An employee must submit his/her claim on a form provided by the District. 20

The claim for reimbursement must be made to the immediate 21 supervisor/principal within thirty (30) days of the loss or damage, or the claim 22 is waived. 23

6. The total obligation for reimbursement by the District is $25,000 for each 24 fiscal year. 25

26 I. Personal Property Damage/Loss Provisions: The District will reimburse an 27

employee for damage or loss of personal property, vehicles excluded, or personal 28 instructional/educational equipment used by the employee in the course of his/her 29 employment pursuant to the following conditions: 30

31

1. The reimbursement shall be a $1,000.00 maximum reimbursement for each 32 loss. 33

2. Reimbursement shall be based upon a reasonable estimate of current value. 34 3. The District may, at the District's discretion, require an employee to show 35

reasonable evidence of theft or damage. 36 4. An employee must take reasonable care to protect his/her personal 37

instructional/educational equipment. 38 5. Loss or theft of cash will not be covered. 39 6. If the loss is covered by an insurance policy carried by the employee, such 40

insurance must be used prior to making a claim to the District. 41 7. An employee must submit his/her claim on a form provided by the District. 42

The claim for reimbursement must be made to the immediate 43

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supervisor/principal within thirty (30) days of the loss or damage, or the claim 1 is waived. 2

8. The District's obligation under this section is a maximum of $20,000 for each 3 year of the aforementioned collective bargaining agreement. 4

5 J. Medical Emergencies: Each school shall be provided with the name of a designated 6

backup certificated school nurse who may be contacted in the event of a medical 7 emergency. In addition, the District shall make available to all staff written procedures 8 for seeking such assistance when necessary. Staff acting in emergency situations will be 9 afforded legal protection by the District except in cases of negligence or unlawful activity 10 as determined by the Board of Directors. 11

12 K. Cleansing Intermittent Catheterization: No employee(s) other than certificated 13

school nurses and special education personnel currently assigned to serve medically 14 impaired students shall be required to provide cleansing intermittent Catheterization 15 (CIC). Any training required in CIC for such personnel shall be provided at no cost to 16 the employee. For all open positions that require CIC, such requirement shall be 17 specified in the job posting. 18

19

Section 53 – Covering Classes 20 21

A. Class Coverage 22 23

1. The principal or his/her designee may request employees holding valid teaching 24 certificates to cover classes in cases of emergency or when arrangements for a regular 25 substitute cannot be made either because of a time factor or the unavailability of a 26 qualified substitute. 27

28 2. An emergency is understood to mean a sudden condition or state of affairs calling for 29

immediate action. If it is evident that the emergency will extend beyond one half (½) 30 hour and if time will permit a substitute to serve at least two (2) hours of the school 31 day, a qualified substitute will be immediately called. 32

33 3. Arrangements for class coverage may be made between teachers with the building 34

principal's approval. 35 36

4. Student teachers and non-certificated personnel may be used to cover classes only in 37 an emergency situation. Except in unusual circumstances, student teachers and non-38 certificated personnel shall not cover classes other than those to which they are 39 regularly assigned. 40

41 5. The Board agrees that any District-wide effort to use classroom teachers, itinerant 42

teachers, librarians, student teachers, counselors and personnel other than regular 43

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substitutes to cover absences of teachers for the purpose of avoiding the usual costs 1 for substitutes shall first (1st) be subject to the negotiations process. 2

3

B. Loss of Planning/Overloads 4 5

Staff members, including specialists, who are required by the principal to cover for 6 another teacher, resulting in a loss of their contractually guaranteed planning time, or 7 who otherwise lose their planning time due to the unavailability of a substitute, shall be 8 paid $30.00 (thirty) for each such occurrence. Teachers who are required by the 9 principal/supervisor to cover a class or a portion thereof in addition to their own, 10 resulting in a class size which exceeds negotiated lids, regardless of loss of planning time, 11 shall be paid in the following manner: 12

13

More than fifteen (15) minutes/less than one (1) hour $30.00

One (1) hour to three (3) hours $60 ($65 in 2010-11)

Three (3) hours or more Substitute Daily Rate

14 At the beginning of the school year the principal/supervisor shall seek names of volunteer 15 staff members willing to provide such coverage. Staff who do not wish to provide such 16 coverage shall only be required to do so in the event of an emergency when no other 17 certificated or classified staff are available. 18

19

Section 54 – Special Education 20 21 The District and the Association recognize the right of each student to be educated in an 22 environment appropriate to his/her needs. 23 24 For students eligible to receive special education and related services, the IEP shall indicate the 25 services to be provided. The inclusion of students with disabilities in the general educational 26 program requires cooperation and communication between general and special education staff. 27 Prior to the student with disabilities entry into the general classroom, the receiving teacher shall 28 be provided with information regarding the student's special needs. 29 30 The format and procedure for sharing such information shall be determined at each school/site. 31 The general education teacher is considered a valuable partner in the IEP process. Students with 32 disabilities who are included in general classrooms shall be counted in the class count of the 33 general teacher for the portion of the day they are included in the class. For students placed on 34 interim IEPs, the designated program manager shall be responsible for sharing relevant and 35 appropriate information with the receiving school. 36 37

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If, in the judgment of the general education teacher, a student with disabilities is not profiting 1 from a placement or the student is creating a substantial disruption to the educational process, the 2 teacher may request an IEP meeting to discuss the student’s placement, request assistance and/or 3 recommend that consideration be given to modifying the IEP, consistent with federal, state and 4 District rules, regulations and policies. 5 6 IEP Meetings 7 8 Any employee required to attend an IEP meeting that occurs outside the regular work day shall 9 be compensated at the per diem, based on the employee’s placement on the base salary schedule, 10 hourly rate for the accumulated hours rounded off to the nearer thirty (30) minutes. Claims shall 11 be submitted the last working day of the pay period following the pay period in which the time 12 was worked. 13 14

Section 55 – Student Discipline/Administrative Responsibility 15 16

The District shall endeavor to assure that an administrator or certificated designee shall be 17 available to respond to emergency situations at each school and program site during the student 18 school day. In the absence of an administrator, a certificated designee shall be assigned. 19 20

A. Enforcement: Student discipline will be enforced fairly and consistently regardless of 21 race, creed, sex or status. 22

23 B. Cause for Discipline: Sufficient cause for discipline will be: 24

25 1. Verbal or physical threats, intimidation or assault or interference with an employee by 26

use of force or violence. 27 28

2. Failure by a pupil to comply with written rules and regulations established by the 29 District; or 30

31 3. Failure by a pupil to comply with the instructions of an employee made within the 32

scope of his/her authority; or 33 34

4. Failure by a pupil to submit to the reasonable disciplinary actions of employees; or 35 36

5. Conduct which materially and substantially interferes with the educational process; or 37 38

6. Failure to identify oneself upon request by an employee in the school building, on 39 school grounds, or at school sponsored events. 40

41 C. Authority to Discipline: Employees shall have the authority to discipline pupils 42

under their supervision within the following limits: 43 44

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1. Employees shall administer discipline pursuant to federal and state laws and 1 regulations. 2

3 2. An employee may use such force as is necessary for self protection from attack or to 4

prevent injury to another person. 5 6

3. Disciplinary Removal from Class or Activity Period: Employees are empowered to 7 exclude students from the classroom or activity area under certain conditions. 8 Employees may exclude a student under their supervision who is creating a disruption 9 of the educational process or who is in violation of the building disciplinary 10 standards. 11

12 The student may be excluded for all or any portion of the school day or until the 13 principal or principal's designee and the employee have conferred within the 14 limitations contained herein. 15

16 Limitation: 17

18 a. Except in emergency circumstances as provided in WAC 180 40 290, the 19

employee shall have first (1st) attempted one or more alternative forms of 20 corrective actions; and 21

22 b. The consent of the employee will be required if any excluded student is returned 23

to a particular class or activity from which the student was initially excluded 24 during the same class or activity period. 25

26 c. In the case of an assault on a staff member, the student, at the recommendation of 27

the employee, shall be removed from the employee's class and a disciplinary 28 transfer will be initiated unless otherwise prohibited by state or federal law. In 29 the case of an assault by a student who is not assigned to the employee, a 30 disciplinary transfer will be initiated at the recommendation of the staff member 31 unless otherwise prohibited by state or federal law. 32

33 In cases in which a student's conduct substantially disrupts the classroom, a 34 student may be sent immediately to the school office by the employee without 35 corrective action. 36

37 A definition of the term "substantial disruption" shall be developed as part of each 38 building's standard discipline system. 39

40 Discipline Report: In cases in which the employee sends a student to the school 41 office, a discipline report pursuant to the District's "Disposition Referral Form" 42 explaining the facts of the misconduct shall be sent to the principal/designee. 43

44 The discipline report shall provide descriptions of problem behavior prior to 45 intervention, punishment or remediation. Documentation of an incident must be 46

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sent to the principal or designee as soon thereafter as possible but not later than 1 the end of the professional work day. 2

3 4. The employee may, at any time, request in writing that an alternative class 4

assignment, disciplinary contract or specific assistance be provided for a pupil whose 5 conduct or misbehavior warrants a recommendation for change. Such request shall 6 include a documentation of the pupil's problem and a list of the types of corrective 7 action already taken. 8

9

D. Administrative Response: 10 11

1. When a written report is sent to the principal or other school administrator regarding 12 student discipline, a request for alternative class assignment and/or specific 13 assistance, or recommendation for suspension or expulsion, the principal or school 14 administrator shall respond to the employee in writing concerning the action taken, 15 contacts made with the parents or guardians, and any conditions imposed on the 16 student's return to class. 17

18 2. When school authorities endeavor to correct misconduct or misbehavior through 19

counseling and/or conferencing with the pupil and his/her parents, the employee will 20 be notified and be involved upon his/her request. 21

22 E. Recommending Suspension/Expulsion: If, in the employee's judgment, pupil 23

conduct warrants suspension or expulsion of the pupil, the employee shall make written 24 recommendation accordingly to the building administrator. Suspension may also be 25 recommended by the employee when he/she reasonably believes that the pupil is an 26 immediate and continuing danger to himself/herself, other pupils, employees, school 27 administrators or the educational process of the pupil's school. Any recommendation 28 must include specific examples and/or documentation of the disruptive or disorderly 29 conduct. 30

31 F. Special Education Discipline: The District will comply with all pertinent state and 32

federal laws and Board policy when disciplining special education students. Upon 33 request, the regular education classroom teacher directly impacted by a special education 34 student's disruptive behavior will be given input into the IEP process and will have 35 his/her concerns considered prior to the placement or change of placement of a special 36 education student. Within the IEP process, which includes a meeting of the parent, 37 teacher and District representative who is qualified to provide or supervise special 38 education services, a plan may be established for the discipline of a specific behavior in 39 order to reach behavior goals. This plan may include removal from school for specified 40 amounts of time as a part of the IEP. The statements of Student Rights, Responsibilities 41 and Regulations are not to be used when following the IEP plan as the IEP itself will 42 prescribe the disciplinary procedures. Either the appropriate school personnel or the 43 parent may request a new IEP meeting if either finds that the plan is not satisfactory or in 44

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need of revision. In the absence of a specific IEP discipline plan, all other items of 1 Section 55. Student Discipline / Administrative Responsibility, will apply. 2

3 G. Assault of Employee: If a student assaults an employee, intimidates by threat of 4

force or violence, or interferes with an employee by use of force or violence, in addition 5 to appropriate disciplinary action, the District will report the incident to the proper law 6 enforcement agency. 7

8 H. Building Discipline Review: School principals will meet with the employees 9

annually to establish and/or review building disciplinary standards and procedures to 10 ensure uniform enforcement of building standards. 11

12 I. Staff Training: The District shall provide annually information to all employees 13

concerning all applicable federal, state and local laws and District rules, regulations and 14 procedures pertaining to student rights, employee rights, due process and the processing 15 of student discipline. 16

17 J. Major Incidents: Major incident reports relative to weapons incidents, violent acts, 18

and/or incidents which result in intervention by District Security personnel or the police 19 department shall be faxed to TEA within twenty-four (24) hours of the incident and shall 20 be reviewed on a regular basis with Association leadership. 21

22 K. State Law provides whenever a minor enrolled in school is convicted in adult criminal 23

court, adjudicated, or entered into a diversion agreement with the juvenile court on any of 24 the following offenses, the court must notify the principal of the child’s school of the 25 disposition of the case: 26

27 1. A violent offense (includes weapons) 28 2. A sex offense 29 3. Inhaling toxic fumes 30 4. A controlled substance violation 31 5. A liquor violation 32 6. Assault and other crimes involving physical harm 33 7. Kidnapping, unlawful imprisonment, custodial interference 34 8. Harassment 35 9. Arson, reckless burning, malicious mischief 36

37 The principal shall provide the information received to every teacher of the student and 38 any other personnel who, in the judgment of the principal, supervises the student or for 39 security purposes should be aware of the student’s record. 40

41 Any information received by a school principal or school personnel is confidential and 42 may not be further disseminated except as provided in RCW 28A.225.330, other 43 applicable statutes or case law, and the Family Educational Rights and Privacy Act. 44

45

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Section 56 – Documentation of Incidents 1 2 Any incident which will adversely affect the status of a student shall be adequately documented. 3 This should include date, time, place and witnesses. In addition, any other pertinent facts that 4 clarify the incident should be included. 5 6

Section 57 – Employee Duties and Responsibilities 7 8 It is the responsibility of employees: 9 10

A. To provide space at home for completion of homework, grading or class preparation 11 should planning time at school be inadequate. 12

13 B. To work in accordance with their job description. 14

15 C. To take into consideration the individual differences of students. 16

17

Section 58 – Physical Facilities 18 19

A. The District shall provide: 20 21

1. A minimum of one (1) staff room in each school. 22 23

2. A minimum of one (1) telephone in each school, which will be readily available and 24 for the primary use of teachers. 25

26 B. The District will endeavor to provide suitable facilities for all employees. Facilities will 27

include the following: 28 29

1. Work space reasonably free from distractions and interruptions. 30 31

2. A work surface, a locking file, a computer, and adequate storage space for 32 educational material. 33

34 3. A telephone available for use when confidentiality is required. 35

36 4. Reasonable effort will be made so SLP therapy rooms include water to meet 37

standards for universal precautions and for use during therapy. Hand disinfectant, 38 gloves and other items needed for disinfecting and universal precautions will be 39 available where needed. 40

41 C. On an annual basis, the Assistant Superintendent for Elementary, Middle School and 42

High School Education shall meet with each principal to review space utilization at 43

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school sites. Such review shall consider suitability of work space for all employees and 1 any safety concerns which have been raised by staff. 2

3

Section 59 – School Construction 4 5 When the District establishes a Building Advisory Committee to develop a bond issue election, 6 the Superintendent shall appoint at least four (4) designees to the committee from a list of seven 7 (7) recommended to the Superintendent by the President of the Association. 8 9 When the proposed construction pertains to a particular school, the Superintendent shall appoint 10 at least three (3) members of the school's faculty from a list of five (5) recommended to the 11 Superintendent by the President of the Association to the building planning committee. 12 13 There are no limitations in the appointment of other members to the aforementioned committees. 14 15

Section 60 – Student Teachers 16 17

A. The teachers in the District acknowledge their professional responsibility to participate in 18 and give leadership to the student teacher practicum. 19

20 B. A teacher shall have taught at least three (3) years before being assigned a student 21

teacher. 22 23

C. A teacher shall have taught at least one (1) year in the District before being assigned a 24 student teacher. 25

26 D. Teachers requesting a student teacher shall make application through their building 27

principal. 28 29

E. Teachers requesting a student teacher will be advised by letter from the Human 30 Resources Department of action on their application. 31

32 F. The cooperating teacher is responsible for the class and the program even though a 33

student teacher may be conducting the class. 34 35

G. Teachers should have only one (1) student teacher a year. Any exception to this practice 36 must be approved by the teacher, principal and the Assistant Superintendent, Human 37 Resources Department. 38

39 H. The District will negotiate with the Association any change(s) in honoraria paid 40

cooperating teachers. 41 42

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Section 61 – Scheduling, Secondary Schools 1 2

A. Before the District makes any changes to the format (periods per day or semester/quarter) 3 in a secondary school, the District will notify the Association; the Association shall have 4 ten (10) days to initiate negotiations in accordance with Chapter 41.59 RCW. In the event 5 the Association does not initiate negotiations, the District shall be free to make said 6 format changes immediately. 7

8 B. Individual schools, however, may initiate changes in format subject to District approval; 9

provided, however, such changes have been approved through the building’s SCDM 10 process or have the written approval of at least seventy-five (75) percent of the 11 certificated employees in the school and are consistent with the District’s adopted 12 curriculum and the appropriate provisions of the Basic Education Act. 13

14 C. Each spring enrollment projections shall be shared with the Association and SCDM 15

teams for the purposes of developing master schedules, allocating resources and planning 16 for the successful transition and assignment of students. Building master schedules may 17 include alternative workday schedules for employees, with their written consent, 18 consistent with the provisions set forth in Section 38. 19

20

Section 62 – Job Description 21 22 A copy of the District’s organizational chart is available upon request from the Community 23 Relations Office and existing job descriptions within the bargaining units shall be sent to the 24 TEA office. 25 26 Before changes are made to the existing job descriptions within the bargaining unit, the 27 recommendations of the Association will be considered. 28 29 No duties presently performed by bargaining unit members shall be transferred to other district 30 employees, nor contracted with outside vendors. 31 32 33 34

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ARTICLE IX – Class Size/Staffing 1 2

Section 63 – Regarding reduction in staff 3 4 In the event of a reduction in staff, the class size and lids shall be increased proportionate to the 5 reduction in certificated teaching staff. 6

Section 64 – Elementary Schools (Grades K-5) 7 8 Kindergarten teachers will be assigned to schools by the Human Resources Department using a 9 maximum of twenty-four (24) students per session. 10 11 Regular classroom teachers, grades 1-5, will be assigned to schools by the Human Resources 12 Department using a maximum ratio of twenty-five and three-tenths (25.3) students per building. 13 Learning specialists will not be included in these ratios. 14 15 Each building principal, working with input from the Site-Centered Decision-Making team shall 16 submit an initial staffing plan by the second (2nd) Friday of the school year (based on that 17 Friday’s enrollment count), for the assignment of students to regular classes, subject to review 18 and approval by the Superintendent, or designee. 19 20 In this plan, no regular class shall have more than twenty-four (24) students per session in 21 kindergarten, or more than twenty-seven (27) students at grade one (1) through two (2), and 22 twenty-eight (28) students at grades three (3), four (4) and five (5). 23 24 There will be no first (1st) grade splits. There will be no second (2nd) grade splits without the 25 written consent of the teacher. No split shall be assigned more than twenty-six (26) students. In 26 schools that have failed to meet Adequate Yearly Progress for two (2) consecutive years, every 27 effort will be made to avoid assigning split classes in grades three through five (3-5). 28 29 Classes are subject to increase or decrease after the 2nd Friday of the school year due to student 30 enrollment at the school, provided, if after the second Friday a class size exceeds the staffing 31 numbers contained herein adjustments may be made in the event the initial maximum ratio of 32 one (1) to twenty-five and three-tenths (25.3) is exceeded. 33 34 If the maximum ratio is exceeded, adjustments may be made by, but not limited to, the 35 following: adjustments to building staffing, modification of building duty schedules, 36 reassignment of students, para-educator assistance, additional planning time, or other 37 adjustments responsive to the class size overload. 38 39 If a class size exceeds the contractual limits by two students after the third (3rd) Friday or the 40 fifteenth (15th) student day, whichever is later, the principal, Association representative and 41 impacted teacher(s) shall meet within five (5) days to determine the appropriate adjustment(s) 42 from the following alternatives: additional full or part-time certificated staffing, reassignment of 43 students, para-educator assistance, additional planning time, or other adjustments responsive to 44

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the class size overload, subject to approval by the Assistant Superintendent for Elementary 1 Education/designee. A recommended solution to resolve the overload shall be in place within 2 (5) working days of this meeting. If the recommended solution is not acceptable to the employee, 3 an appeal of the decision can be made through the peer review process set forth in Section 69. 4 Employees who disagree with the peer review decision may appeal the decision to the 5 District/TEA Labor Management Committee. 6 7 If classroom space is not available to adequately house additional teachers, the President of 8 Tacoma Education Association, the Assistant Superintendent for Elementary Education or 9 designee and the Director for Human Resources shall meet with the principal and the teacher to 10 discuss alternatives including, but not limited to, the assignment of an additional .5 certificated 11 teacher to work directly with the teacher. 12 13 Individual staff and class counts by school will be supplied to the Tacoma Education Association 14 by October 15 and monthly thereafter. 15 16

Section 65 – Middle Schools (Grades 6-8) 17 18 The Middle School maximum will be twenty-eight (28) students per class. If one or more classes 19 exceeds the maximum, the daily student load will be less than twenty-six and three-tenths (26.3) 20 times the number of periods taught exclusive of the advisory period. Music and physical 21 education classes will not exceed thirty-four (34) students per class. No individual class shall 22 exceed the class maximum by more than three (3) students, unless agreed to in writing by the 23 teacher as part of the class size/daily load waiver process. Beginning in the 2006-07 year, no 24 individual class shall exceed the class maximum by more than two (2) students, unless agreed to 25 in writing by the teacher as part of the class size/daily load waiver process. 26 27 For purposes of determining class size maximums and load, student assistants who have been 28 requested in writing by the teacher shall not be included in the counts. 29 30

Section 66 – High Schools (Grades 9-12) 31 32 Effective in the 2005-06 school year, high schools will maintain a school ratio not to exceed 25.5 33 students to one regular classroom teacher. School ratios are determined by dividing the total 34 number of regular students by the number of full-time equivalent teachers with full-time teaching 35 loads (or the appropriate proration) except that students documented as disabled shall be 36 included in determining staffing based upon the time which they are served by the regular 37 classroom teacher. 38 39 The class size maximum for any individual class will be thirty (30). If one or more classes 40 exceeds the maximum, the daily student load will be less than one-hundred forty-nine (149). 41 Music and physical education classes will not exceed thirty-five (35) per class. If one or more 42 classes exceeds the maximum, the daily student load will be less than one-hundred sixty-five 43 (165). No individual class shall exceed the maximum by more than three (3) students, unless 44

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agreed to in writing by the teacher as part of the class size/daily load waiver process. Beginning 1 in the 2006-07 school year no individual class shall exceed the limit by more than two (2) 2 students, unless agreed to in writing by the teacher as part of the class size/daily load waiver 3 process. 4 5 A classroom teacher may consent to exceed the maximum class and/or daily loads by completing 6 the form “Waiver of Class Size Limits Grades 6-12” on or before the second (2nd) Friday of the 7 semester or trimester. 8 9 In the event that there is a significant variation in actual opening enrollment from projections 10 causing an undue overload in a specific department(s), adjustments will be made by the District 11 in consultation with the Tacoma Education Association and the Site-Centered Decision-Making 12 teams by the third Friday or fifteenth (15th) student day in September, whichever is later. In 13 subsequent grading terms (semester or trimester), adjustments will be made no later than the 14 fifteenth (15th) day of the term in order to comply with class size provisions. Individual staff and 15 class counts by school will be supplied to Tacoma Education Association by October 1 and 16 March 1 of each year. 17 18 For the purposes of determining class size maximums and daily student load, student assistants 19 who have been requested in writing by the teacher shall not be included in the counts. 20

Section 67 – Middle School and High School Staffing Compliance 21 22 Compliance will be determined using the middle school and high school class schedule 23 documents which show class loads as of the third Friday or fifteenth (15th) student day of each 24 semester, whichever is later. 25 26 The District and Association representatives will meet during the fourth (4th) week of each 27 semester to discuss class load documents, review any adjustment implementation plans and make 28 further necessary adjustments. 29 30 If a high school/middle school teacher and the District agree to exceed the contractual limits 31 prescribed in Sections 65 and 66, the District must obtain a Waiver of Class Size Limits form 32 signed by the teacher on or before the close of business on the third Friday of each semester. 33 34 When a High School/Middle School class/daily student load exceeds the maximums after the 35 third Friday or fifteenth (15th) day of the semester, whichever is later, one of the following will 36 occur: 1)The teacher must agree to sign a waiver which stipulates the number of students the 37 teacher agrees to accept above the contract limits within five (5) workdays of the overload 38 occurring or, 2) the Assistant Superintendent for Middle School or High School shall meet with 39 the principal, Association representative and impacted teacher(s) to determine an appropriate 40 adjustment(s). 41 42 If a substitute teacher is assigned to teach a class for the first two weeks of a semester and the 43 substitute’s class size/daily student load exceeds the contractual maximums, a Waiver of Class 44 Size Limits form may be signed on or before the close of business on the third Friday of each 45

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semester or fifteenth (15th) day of the semester, whichever is later. Also, the regular teacher 1 must sign the Class Size Waiver form on or before the close of business on the third Friday of 2 the semester in order for the class/daily student load to exceed contract limits. If the class 3 size/daily student load exceeds the contractual limits after the third Friday or fifteenth (15th) day 4 of the semester, whichever is later, one of the following will occur: 1) the Waiver of Class Size 5 Limits form must be signed by the substitute and the teacher regularly assigned to the class (if 6 the teacher intends to return that semester) or, 2) a meeting of the Assistant Superintendent for 7 Middle School/High School Education, the principal, Association representative and impacted 8 substitute/teacher(s) shall occur to determine and appropriate adjustment(s). 9 10

Section 68 – Special Education, and ESAs and Learning Specialists 11 12

A. Educational Staff Associates (ESA) includes physical therapists, occupational therapists, 13 speech/language pathologists, psychologists, school nurses and guidance counselors. 14 15

B. Special education students shall be assigned to special education teachers as follows: No 16 special education class shall exceed twelve (12) students at a time except learning 17 resource classes, where no class may exceed 16 students at a time. For LRC teachers in 18 grades 6 12, the average number of students per period will not exceed twelve (12). No 19 LRC in grades K 5 will be assigned more than forty (40) students. If class size exceeds 20 the lid, adjustments may be made through rearrangement of building staffing, 21 reassignment of students, paraprofessional assistance at a ratio of two (2) hours per day 22 for each student exceeding the class lid, or the assignment of additional certificated staff. 23 Pre-school special education teachers will be assigned no more than twenty-five (25) 24 special education students per day. 25

26 These lids may be exceeded with the recommendation of the special education teacher(s) 27 in consultation with the building principal and designated program manager and the 28 approval of the Superintendent. 29

30 In the event of a reduction in staff, the class size and lids shall be increased proportionate 31 to the reduction in certificated special education teaching staff by classroom 32 classification. 33

34 Substitute para-educators shall be provided at the request of the teacher when his/her 35 regular para-educator cannot be present, subject to the availability of a qualified and 36 trained substitute. The District shall endeavor to maintain a pool of substitute para-37 educators to serve students with disabilities. If there is no para-educator substitute 38 available and no other para-educator assigned, or available to be assigned to the special 39 education classroom for a second consecutive school day, the teacher shall be eligible for 40 stipend of $60.00. The parties shall review the utilization rate of this stipend within 41 twenty (20) business days of the end of the semester in the 2008-09 school year and 42 compare it to the $25,000 budgeted to determine if the terms of the stipend need to be 43 amended. 44

45

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Special education teacher classload information shall be made available to the 1 Association by October 15, February 15 and May 15, annually. 2

3 C. The District shall endeavor to deploy special education teachers and ESA staff on a fair 4

and equitable basis, considering the handicap severity of students served, degree of 5 itinerancy, direct service responsibilities and total student load. Caseload information for 6 all ESA staff shall be made available to the Association by October 15th, February 15 7 and May 15, annually. 8

9 D. Learning Specialists: music, library, physical education 10

11 E. The following staffing classifications are not to be construed as fixed or inflexible. The 12

Board will determine the level of services for the following classifications of learning 13 specialists: 14

15

CLASSIFICATION

STAFF / 1,000 STUDENTS

Basic Skills 0.33

Reading Teachers 1.08

Library Services 1.8

Nursing Services 1.02

School Counselors 2.27

Attendance Counselors 0.07

MR - Special Adjustment 0.74

MR - Developmental 1.12

Adaptive PE 0.07

Deaf/Hard of Hearing 0.67

Visually Impaired 0.09

Orthopedically & Neurologically Impaired 0.82

Diagnostic 0.07

Therapeutic Learning Center 0.41

Preschool Language Impaired 0.15

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Other Institutions 0.73

School Psychologists 0.73

School Social Workers 1.01

Speech Language Pathologist & Audiologists 1.11

Occupational & Physical Therapy 0.69

Learning Resource Centers 3.66

Helping Teachers & Specialists 2.01

Academic Assessment Specialist 0.02

Elementary Music Teachers 2

High School Career Specialist (1 per high school)

This subsection shall expire August 31, 2009, unless the parties mutually agree to extend its application.

F. SUPPLEMENTAL CONDITIONS: 1 2 1. In the event of a certificated basic education teacher reduction, the *student/teacher 3

ratios and class size lids may be increased no more than the percentage of the 4 reduction in certificated basic education teachers from the prior school year. 5 6 In the event that the numbers of basic education certificated teachers are increased for 7 reasons other than an increase in student enrollment, the student/teacher ratios and 8 class size lids shall be reduced no less than the percentage of the increase in basic 9 education certificated teachers from the prior school year. 10 11 Prior to a staff reduction and to adjustments of student/teacher ratios and class lids, 12 the Association shall be provided with all relevant data as to the computation of 13 student/teacher ratios and/or lids. 14 15

2. Administrators will work to equalize teaching loads within subject(s)/grade level as a 16 factor when students are scheduled. 17

*For purposes of this Agreement, student/teacher ratios and class size lids shall be 18 determined based upon the budget adopted by the Board in August annually. 19

G. Workload assistance pool: The District will provide an assistance pool in the amount of 20 $75,000 for each year of the agreement as a resource of addressing workload crises. 21 Administrators may refer staff with unusual workload issues, including an unusually high 22

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number of IEPs, to relief funded through the pool, and staff may raise issues through the 1 Peer Review process, which may recommend solutions funded through the workload 2 assistance pool. The funds may be authorized for, but are not limited to, extra-pay for 3 extra-work for special education teachers, substitute time to release special education 4 teachers, mentor support or additional para-educator time. A quarterly report shall be 5 provided to the Association on expenditures from the workload assistance pool. 6 7

H. Special Education staff will receive materials and supplies yearly as appropriate to 8 provide instruction identified on the IEP including consumable materials required by 9 student IEP. Special Education staff will be trained yearly on how to request materials. 10 If materials are not provided within two weeks of a written request, a written explanation 11 for the delay along with a predicted timeline will be delivered. 12 13

I. Training provided to Basic Education staff will be offered to Special Education 14 certificated staff, with modifications when appropriate. 15 16

J. WASL/WAA Support for Testing Requirements 17 18 1. Special Education teachers will be assigned staff who will either substitute for them 19

in their class or provide the accommodations required by the IEP's of those students 20 taking state tests. 21 22

2. Pursuant to new § 40 and § 45, the Professional and Organizational Advisory 23 Committee (PODAC) shall schedule at least one work day and one optional day 24 opportunity for obtaining the mandatory training in this subsection and subsection 3. 25 The District shall train and all Special Education teachers shall attend one of these 26 trainings in the allowable accommodations for each test. 27 28

3. In addition, all appropriate Special Education staff shall participate in mandatory 29 training on the allowable alternate assessments for Special Education students. 30 31

4. For those students requiring the WAA (Washington Alternative Assessment) 32 portfolio method, regular data collection should serve as part of the portfolio 33 requirement and additional staffing assistance for journaling will be provided as 34 appropriate. The District will continue to offer Optional Day opportunities, with 35 clock hours, so staff may collaborate on WAA tasks. 36 37

5. For those students in a mixed grade level special education classroom who require an 38 alternative test or performance testing, provision will be made so testing can be 39 accomplished without negatively affecting the non testing students’ learning. 40

41 K. Building Student Review Team (SRT) meetings are held for no more than sixty (60) 42

minutes each week and attendance of those assigned to that building is required, along 43 with a general education representative, and any itinerant special education staff who can 44 attend depending upon the number of other schools assigned. If a SRT meeting goes 45 beyond the employee workday, the employee(s), building administrator and 46

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representative of the Special Education Department will meet to mutually decide if the 1 employee(s) will be compensated as provided in § 50 or by redistributing before and after 2 instructional day time to provide meeting flexibility. 3 4

L. At each comprehensive secondary school the special education department chair, or one 5 other member of the special education department, shall be provided one additional 6 planning period per day to assist the department with administrative tasks related to the 7 special education department, effective no later than the semester break January 2009. 8 Each full-time elementary school Learning Resource Center (LRC) teacher shall be 9 allocated fifteen (15) days per year, within the existing contract year, to assist with 10 administrative tasks related to the special education department. Part-time elementary 11 LRC teachers will be provided with a pro-rata portion of days. 12

13

Section 69 – Peer Review 14 15

1. In the event that a certificated employee has concern that his/her workload is inequitable 16 based on student contact hours, the academic and behavioral characteristics of students, 17 or the lack of adequate work space, he/she may request a peer review by filing with the 18 Association, and copies to the District Director of Certificated Human Resources and the 19 employee’s supervisor. . 20

21 2. The Peer Review Committee shall consist of the involved employee, the appropriate 22

central office administrator, a Human Resources Department representative, an 23 Association representative, the involved principal or designee, other personnel necessary 24 to solve the problem(s), and at the request of the employee, another certificated 25 colleague. The committee is to act as an intermediary agent to problem solve and 26 examine concerns of inequitable workload. 27

28 3. On receipt of the request for Peer Review, the Association shall schedule a meeting of the 29

Committee within seven (7) calendar days (timelines may be extended by mutual 30 agreement). At the Peer meeting a timeline for resolution and/or response shall be agreed 31 to by all the parties. Following the meeting the Association shall distribute to all 32 committee members, with a copy to the Director of Certificated Human Resources, a 33 summary of the recommended resolution and/or response and timeline agreed to at the 34 meeting. The Director of Certificated Human Resources shall coordinate the District’s 35 response and shall respond in writing with the final outcome of the Peer Review to each 36 member of the Peer Review Committee within five (5) business days of a final decision 37 in the matter. 38

39 4. A pool of $75,000 per year is available to fund solutions the District has concluded it can 40

implement for inequitable workload situations analyzed in the peer review process. 41 42

5. The following process may be used by certificated staff in the classifications of Speech 43 Language Pathologist, Occupational Therapist, Physical Therapist and Psychologist as a 44 means to present concerns and issues regarding an individual’s caseload/workload. 45

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1 6. An individual in one of the classifications listed above may take concerns/issues of 2

caseload/workload through their respective deployment process. The individual’s 3 respective ESA coordinator will facilitate the process in conjunction with the appropriate 4 department head or designee. The information will be presented and recommendations 5 made regarding any assistance to be provided and the form(s) of that assistance. 6

7

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ARTICLE X – Employee Rights 1 2

Section 70 – Employee Contract 3 4 Each employee employed by the Board shall be issued a Personnel Contract Agreement which 5 shall be in conformity with Washington State law. 6 7 The following statement shall be a part of the employee's Personnel Contract Agreement: 8 9

"This contract shall be subject to the terms and conditions of any agreement between the 10 District and the appropriate exclusive bargaining representative." 11

12 The types of employee contracts are as follows: 13 14

A. Continuing Contract: An employee with a Personnel Contract Agreement pursuant to 15 RCW 28A.405.210. 16

17 B. Provisional Contract: An employee with a Personnel Contract Agreement pursuant to 18

RCW 28A.405.220. 19 20

C. Replacement Contract: 21 22

1. An employee with a Personnel Contract Agreement pursuant to RCW 28A.405.900. 23 24

2. A replacement contract will be issued to an employee replacing a certificated 25 employee who is on leave for at least ninety (90) days and for the duration of such 26 leave. 27

28 3. Each replacement contract agreement shall identify the name of the employee 29

replaced and the anticipated duration of leave. On request, the District shall provide 30 the Association with a list of employees on leave and list of employees who have 31 been issued replacement contracts. 32

33 4. Each replacement contract shall be subject to the provisions of this Agreement. 34

35 5. A person on a replacement contract of ninety (90) or more days who has received 36

satisfactory evaluation ratings in all areas and who is recommended for continued 37 employment by the evaluator will be considered for hire pursuant to Section 82 (B)(3) 38 of the contract. 39

40

Section 71 – Supplemental Contract 41 42 General Provisions: 43 44

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A. Each employee with an assignment listed in Section 20. Extra Pay For Extra Work, of 1 this Agreement shall be issued a supplemental contract which shall be in conformity with 2 Washington State law. 3

4 An employee who does not desire to continue in the same extracurricular assignment for 5 the following school year will notify the principal in writing by May 15 of the current 6 student school year. The District will provide an appropriate form for this purpose. 7

8 If an employee is not to be recommended by the principal to continue in the same 9 extracurricular assignment the following school year for an assignment covered by this 10 Agreement, the principal will notify said employee in writing by the end of the current 11 student school year with the following exceptions: 12

13 1. When there is insufficient student participation to continue the assignment. 14

15 2. The District is not obligated to offer an extracurricular assignment to an employee 16

who is transferred to another school. 17 18

3. An employee will not be continued in an extracurricular assignment if the assignment 19 is not authorized. 20

21 B. Such notification will state the reason(s) for the action. The District's decision shall not 22

be made for arbitrary and capricious reasons. 23 24

When school assignments are made on the basis of extracurricular program needs, the 25 employee is obligated to continue in the extracurricular assignment for three (3) years. 26 An employee is subject to involuntary transfer if he/she will not continue in that 27 extracurricular assignment during the next three (3) school years when offered by the 28 District. 29

30 When a school assignment is made based upon an extracurricular program need, the 31 employee and the Association will be notified in writing. 32

33 No employee shall be involuntarily transferred from a school so that another employee 34 might be transferred into the school based on an extracurricular program need. 35

36 C. School Librarians: School librarians shall be provided not less than five (5) days work at 37

the end of the school year through released time or supplemental days or combination 38 thereof to complete library closure activities. These days do not count toward the limit 39 on release days requiring a substitute, unless a substitute is requested. 40

41 D. High School ESA Guidance ESA guidance staff assigned to the high schools and 42

alternative programs may work up to five (5) supplemental per diem, based on the 43 employee’s placement on the base salary schedule, days in support of guidance activities 44 at his or her work site annually. The days shall be scheduled in cooperation with the 45 principal and may be worked during vacation periods, weekends, and/or other non- work 46

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days. An additional three (3) supplemental per diem, based on the employee’s placement 1 on the base salary schedule, days are available to ESA guidance staff assigned to the high 2 schools specifically to assist with scheduling prior to the start of school and at the 3 semester break. These days will be scheduled with the approval of the principal and shall 4 be worked during vacation periods, weekends, and/or other non- work days.” 5

6 Guidance staff not planning to use all of their supplemental per diem days shall be 7 permitted to pool their unused days for the use of guidance staff willing to utilize the 8 days. The principal(s) shall collaborate with those guidance staff members willing to 9 utilize the available pooled days to establish guidelines and work schedules for the use of 10 the pooled days. 11

12 E. Middle School ESA Guidance: At the middle schools, four (4) supplemental per diem, 13

based on the employee’s placement on the base salary schedule, days shall be allocated 14 to each ESA guidance staff member. 15

16 In the event an individual staff member chooses not to utilize the supplemental allocation, 17 any unused days may be utilized by other guidance staff assigned to the school. 18

19 F. Senior Staff Opportunity: Certificated employees who give notice of their retirement on 20

or before the March 15 prior to their retirement date shall be eligible for two (2) 21 additional seven and one half (7.5) hour days of work, at their per diem rate of pay, based 22 on the employee’s placement on the base salary schedule, as mutually scheduled by the 23 employee and his/her principal/supervisor. 24

25 G. School Psychologists: School psychologists may work up to ten (10) supplemental per 26

diem, based on the employee’s placement on the combined salary schedule (base + 27 personal responsible stipend), days in support of their assignments annually. The days 28 shall be scheduled in cooperation with the psychologist’s supervisor and must be worked 29 during vacation periods, weekends, and/or other non-student days. 30

31

Section 72 – Instructional Facilitator 32 33 Instructional facilitators may be released from part or all of their classroom teaching duties to 34 facilitate the professional development of other classroom teachers. 35 36 Instructional facilitators shall be selected pursuant to Article XII of this Agreement. Facilitators 37 will be assigned to the Professional Development Center, deployed through the appropriate 38 department and may be assigned to buildings consistent with goals established through the 39 building SCDM. 40 41 Instructional facilitators will remain in the TEA bargaining unit and shall be prohibited from 42 participating in the evaluation and/or assessment of other members of the bargaining unit. 43 Information about the performance of individual members of the bargaining unit which is 44 obtained through or by any facilitator(s) shall not be used in the evaluation of any member or 45

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members of the bargaining unit. The District shall prevent the placement of an Instructional 1 Facilitator to an administrative position in any building which they were an Instructional 2 Facilitator in the previous year. 3 4 TEA and TPS shall establish guidelines for the selection and deployment of facilitators as well as 5 an annual review of this model of professional development. 6 7

Section 73 – Personnel Files 8 9

A. The District personnel file(s)/supervisor/principal file(s) on any employee in the 10 possession of the District shall be subject to review at reasonable times by the employee. 11

12 B. Any critical written matter or any commendatory items shall be shared with the employee 13

prior to its inclusion in the District personnel file and shall be signed or initialed by the 14 employee as proof of knowledge of its entry. 15 16

C. Materials reviewed by an employee and judged by the employee to be derogatory to 17 his/her service, character, or personality may be answered and/or refuted by the employee 18 in writing. Such written response shall be permanently attached to said materials and 19 shall become a part of his/her District personnel file. 20

21 D. If a disciplinary document has been in an employee’s personnel file for at least four (4) 22

years, the employee may petition the Assistant Superintendent for Human Resources to 23 remove the document from the personnel file. The Assistant Superintendent’s decision 24 will be rendered in writing and shall be final. 25 26

E. Copies or records of grievances filed by an employee shall not be entered into the District 27 personnel file 28

29

Section 74 – Cause 30 31 An employee will not be disciplined for an arbitrary or capricious reason. Discipline will be for 32 cause. The extent of any disciplinary action will be in keeping with the seriousness of the 33 infraction. A process of progressive discipline will be used. Progressive discipline includes oral 34 warning, written reprimand or suspension as appropriate to the infraction. The employee will 35 receive a copy of any written reprimand. 36 37 An employee shall be entitled to have present a representative of the Association during any 38 hearing conducted by the administration or the Board. 39 40 This section shall apply only to discipline up to and including suspension for regular employees 41 for infractions in matters not related to job proficiency or competency. 42 43

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Any complaint not called to the attention of the employee may not be used as the basis for 1 disciplinary action. The employee must be apprised of any written complaint and the name(s) of 2 the complainant(s) and may request a copy of such a complaint unless otherwise provided by 3 law. 4 5

Section 75 – Equitable Treatment 6 7 The Tacoma School District and the Tacoma Education Association agree to comply with all 8 state and federal guidelines and/or regulations. Therefore, all applicants seeking employment 9 opportunities will be considered and will not be discriminated against on the basis of race, color, 10 national origin, sex or disability. This is in accordance with Title VI of the 1964 Civil Rights 11 Act; Section 504 of the Rehabilitation Act, 1973, as amended; Title IX of the Education 12 Amendments of 1972, as amended and Chapter 28A.640/RCW. 13 14 The District will not illegally discriminate in applying the provisions of this Agreement. 15 16 The District shall not discriminate against any employee in violation of this Agreement and/or, 17 state and federal laws, rules, and/or regulations. 18 19 The Board agrees that it will not discriminate against employees because of their membership or 20 non-membership in employee organizations. 21 22

Section 76 – Harassment 23 24 Any employee who has a complaint regarding sexual or racial harassment may file said 25 complaint with the Office of Equity and Diversity. The appropriate form may be obtained from 26 this office. A copy of the form is reproduced in Appendix I of this Agreement. 27 28 Any employee who has a complaint regarding harassment, intimidation or bullying may file said 29 complaint with his/her direct supervisor or site compliance officer. If the complaint is not 30 satisfactorily resolved or if the complaint involves either the supervisor or compliance officer, 31 the complaint should be made with the District HIB Officer. The appropriate form may be 32 obtained on the district web-site. A copy of the form is reproduced in Appendix III of this 33 Agreement. 34 35

Section 77 – Staff Diversity Plan 36 37 The ultimate goal of the Staff Diversity Plan is to ensure the District's compliance with federal 38 and state law. 39 40 Recommendations for changes in the plan may be made by the Association. Copies of the Staff 41 Diversity Plan shall be kept on file in each school and shall be available to employees upon 42 request from the Equity and Diversity office. 43

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ARTICLE XI – EVALUATION AND PROBATION 1 2

Section 78 – Observation Evaluation Procedures 3 4

A. Philosophy of Evaluation: Tacoma Public Schools and the Tacoma Education 5 Association believe that evaluation is a collaborative, supportive, and continuous process 6 meant to improve learning and instruction while enhancing job proficiency. 7

8 B. General Provisions: 9

10 1. All employees will be evaluated yearly. 11

12 2. Evaluator: Employees shall be notified by November 1 by the administration as to 13

who is responsible for their evaluation. No employee paid on the Salary Schedule for 14 Teachers shall be assigned to observe for the purpose of evaluation or evaluate any 15 other employee in the bargaining unit, unless otherwise provided. 16

17 3. A general staff meeting shall be scheduled prior to the beginning of formal 18

observations in order to acquaint staff with the process to be followed and answer 19 questions pertaining to the format for the observations evaluations and the pre and 20 post conferences. 21

22 4. An involuntary transfer to a different grade level (P—K, 1—3, 4—5, 6—8, or 9—12) 23

or subject area or a different building shall be noted on the evaluation record for the 24 first (1st) two (2) years. If an employee is assigned to an area other than his/her 25 professional preparation, it may be indicated by the teacher/educational staff associate 26 on the evaluation record during the pre conference. 27

28 5. All unsatisfactory evaluation ratings shall be explained in writing in a timely manner 29

by the observer evaluator. 30 31

6. Yearly evaluations of each employee shall be completed no later than May 15. 32 33

7. A provisional employee shall be evaluated on the comprehensive process. An 34 employee with fewer than four years of experience with the District shall be 35 evaluated on the standard evaluation process. After an employee has four (4) years of 36 satisfactory standard evaluations, an evaluator may use the professional growth plan 37 process. However, the standard process shall be followed at least once every three (3) 38 years. An employee may require that the comprehensive or standard evaluation 39 process be conducted in any given school year. An evaluator may require that the 40 comprehensive or standard evaluation process be conducted in any given school year. 41 If the employee’s and evaluator’s choice of evaluation process are in conflict, the 42 comprehensive process shall be used. The standard or professional growth plan 43 process may not be used as a basis for determining that an employee's work is 44 unsatisfactory or as probable cause for the non-renewal. 45

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1 8. If the principal wishes to place the employee on the long form comprehensive process 2

when the employee is eligible for either the standard or professional growth plan 3 process, the principal, the employee and a TEA representative shall meet to discuss 4 the reasons for placement on the long form comprehensive evaluation process. 5

6 C. Observation and Evaluation Forms: 7

8 1. There shall be separate observation-evaluation instruments for classroom teachers, 9

non-classroom-based certificated instructional staff and educational staff associates. 10 There shall be comprehensive, standard and professional growth plan forms of the 11 observation-evaluation record available for both classroom teachers, non-classroom-12 based certificated instructional staff and educational staff associates. 13

14 2. Observation/evaluation forms will be made out in triplicate by the observer evaluator. 15

After discussing the observation/evaluation with the employee, the 16 observation/evaluation shall be signed by the employee and the evaluator. A 17 signature by the employee implies only that the employee has had an opportunity to 18 review the written observation/evaluation. In signing the observation/evaluation, the 19 employee does not waive any right to due process, including the use of the grievance 20 procedure. 21

22 3. The employee shall have the right to include a written statement or document as an 23

addendum to the evaluation/observation forms if the employee wishes to do so. The 24 statement shall be stapled to the evaluation/observation record. 25

26 4. The original copy of the evaluation/observation shall be submitted to the Assistant 27

Superintendent, Human Resources Department, for review and placement in 28 respective personnel files. The second (2nd) copy shall be retained by the evaluator. 29 The third (3rd) copy shall be given to the employee. 30

31 5. Professional Growth Plans may be used as part of evaluation conferences, observation 32

files, or evaluation documents without the consent of the employee. 33 34

D. Observations: 35 36

1. Prior to formal observation(s) as outlined, an individual pre conference is required. 37 At this time, the evaluator and the employee will focus on the upcoming 38 observation(s) and share objectives aligned with the Project Quality standards. 39

40 2. All employees newly employed by the District shall be observed within the first 41

ninety (90) calendar days of the commencement of their employment for a period of 42 not less than thirty (30) minutes. Observation material must be completed and 43 distributed following the procedures prescribed in paragraph five (5) of this section. 44

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3. In addition to the formal observation(s) required herein, the evaluator may make 1 formal observations at any time during the school year, providing the employee has 2 been notified prior to the observation. An observation worksheet shall be completed 3 following each such observation. Evaluators are expected to monitor the performance 4 of staff through formal observations and the normal, informal interactions of the 5 workplace. Evaluators are expected to give prompt feedback on any performance 6 issues of concern, or that merit positive notice recognition, regardless of the 7 circumstances in which the issue arose. 8

9 4. During the school year each employee shall be observed for the purpose of annual 10

evaluation at least twice in the performance of his/her assigned duties. Total 11 observation time for each employee for each school year shall not be less than sixty 12 (60) minutes (RCW 28A.405.100). A minimum of one (1) of the two (2) 13 observations for a total observation time of thirty (30) continuous minutes shall be 14 required in connection with the evaluation. 15

16 5. Upon completion of an observation or series of observations, the employee shall be 17

provided with a copy of the observation worksheet within three (3) work days of the 18 observation or the last observation in the case of a series. In addition, a series of 19 observations must be completed within a period of six (6) work days. 20

21 6. A post observation conference must be held after the observation(s) in order for both 22

parties to share perceptions and identify avenues for continued growth. 23 24

7. ESA staff may request an optional peer observation for feedback from someone in a 25 like assignment. Such requests and their results are for self use but may be added to 26 the employee’s personnel file by request of the ESA. Non-classroom-based 27 certificated instructional staff and ESAs may continue to use the traditional long, 28 short and professional growth plan evaluation processes until the parties mutually 29 agree that appropriate Project Quality-based evaluation processes are ready for 30 implementation for these professionals. Evaluators and these staff members may 31 mutually agree to use the comprehensive, standard or professional growth plan 32 processes based on Project Quality. 33

34 E. Evaluations: 35

36 1. The evaluation record shall be filled out only after the required observations and 37

conferences have been completed. 38 39

2. A conference between the evaluator and the employee must be held prior to the 40 distribution of the evaluation copies. The purpose of this conference should be for 41 communication and for signing the evaluation record. 42

43 3. Students are most successful when teachers monitor and manage student progress 44

using a variety of evaluation methods and adjust their teaching practice accordingly. 45 Teachers recognize that each assessment has its own set of purposes, strengths, and 46

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weaknesses. Teachers also learn by listening to their students, watching them interact 1 with peers and reading what they write. Many factors affect student performance, 2 therefore, single standardized test(s) will not be used to evaluate certificated staff 3 performance. 4

5 4. An employee placed on probation shall have received an unsatisfactory evaluation on 6

or before January 15. 7 8

F. Professional Growth Plan: In order to assist with the successful implementation of the 9 District's Professional Growth Plan the parties agree as follows: 10

11 1. The Professional Growth Plan shall be optional for the employee. 12

13 2. All Professional Growth plans shall relate to the Project Quality Accomplished 14

Teaching Standards. The six Project Quality Accomplished Teaching Standards and 15 rubrics shall be available to each employee. 16

17 3. Any certificated employee who has completed four (4) years of satisfactory 18

performance in the district may voluntarily elect to complete a Professional Growth 19 Plan in lieu of receiving a standard evaluation. At least every three years, unless the 20 principal and the employee agree to continue the employee on the Professional 21 Growth Plan, the employee shall be evaluated using the standard evaluation process. 22

23 4. No later than November 1, an employee opting to utilize the Professional Growth 24

Plan option shall arrange a conference with his/her building principal/supervisor 25 responsible for the employee's evaluation to discuss the plan and any assistance or 26 recommendations which the supervisor may offer. 27

28 5. Following the establishment of the plan, the employee will take primary 29

responsibility for monitoring his/her own professional growth with respect to 30 achieving the goals outlined in the plan. The employee is encouraged to share 31 progress with other professional colleagues who would be able to provide support and 32 assistance in achieving growth plan goals. 33

34 6. The intent is that employees participating in the Professional Growth Plan will make 35

good faith effort toward achieving established goals. However there shall be no 36 consequences if an employee does not achieve the stated goals. 37

38 7. By June 1, the employee shall self evaluate the progress which has been made and 39

provide information to his/her building principal/supervisor as to the results. 40 41

8. Without the written consent of the employee, the only reference to the growth plan in 42 the personnel folder shall be a statement signed by the principal/supervisor and 43 employee signifying that a growth plan has been undertaken. 44

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Section 79 – Probation Procedure 1 2 When a non-provisional employee’s evaluation shows an unsatisfactory rating(s), the employee 3 is not eligible for transfer to a new position or voluntary displacement without the agreement of 4 the Superintendent or designee, Association, and supervisor, and the following procedures shall 5 be followed 6 7 Step 1: The evaluator will call to the attention of an employee when the employee's rating(s) 8 is(are) unsatisfactory. The evaluator and the employee shall work together to resolve the 9 unsatisfactory condition(s) at this level. 10 11 Step 2: If, in the judgment of the evaluator, the matter is not being resolved at Step 1, then the 12 situation will be reduced to writing and given to the employee, with a copy sent to the Assistant 13 Superintendent, Human Resources Department. That letter shall identify the deficiencies and 14 note steps taken to resolve the problem. Having been so notified of the possibility of being 15 placed on probation, the employee may request a meeting with the appropriate Human Resources 16 Department administrator. The meeting will be held within five (5) days of the request. 17 18 Step 3: If, in the judgment of the Assistant Superintendent, Human Resources Department, the 19 matter is not being resolved at Step 1 or Step 2, or if the Assistant Superintendent, Human 20 Resources Department, after insuring that reasonable efforts have been made to assist the 21 employee, deems the situation to be of such nature that it be referred to the Superintendent 22 immediately, the Assistant Superintendent shall summarize the situation, in writing, to the 23 Superintendent, with a copy to the employee. 24 25 Step 4: If, in the judgment of the Superintendent, the matter has not been resolved at Step 2 or 3, 26 and the employee's performance is still deemed unsatisfactory, the Superintendent may either 27 involuntarily transfer the employee or place the employee on probation by following the 28 procedures listed below, unless otherwise provided by law. 29 30

A. The employee may be placed on probation by the Superintendent any time after October 31 15 for a period of sixty (60) school days and shall be notified in writing of stated areas of 32 deficiencies, along with recommendations for improvement. During the period of 33 probation, the employee may not be transferred from the supervision of original 34 evaluator. 35

36 B. The original evaluator and an evaluator appointed by the District and agreed to by the 37

Association shall meet with the employee at least twice per month to supervise and make 38 written evaluation of progress of the employee 39

40 C. The evaluator may authorize one (1) additional employee to evaluate the probationer and 41

to aid the employee in improving his/her areas of deficiency. No employee paid on the 42 Salary Schedule for Teachers shall participate in the probationary process unless 43 mutually agreed to by the probationer and the evaluator. 44

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D. The probationary status may be lifted at any time if satisfactory improvement of stated 1 deficiencies has been documented but no later than May 15 of each school year. 2

3 E. Immediately following the completion of a probationary period that does not produce 4

performance changes detailed in the initial notice of deficiencies and improvement 5 program, the employee may be removed from his/her assignment and placed into an 6 alternative assignment for the remainder of the school year or, at the District’s option, be 7 placed on paid leave for the balance of the contract term. This reassignment may not 8 displace another employee, nor may the District’s action adversely affect the 9 probationary employee’s compensation or benefits for the remainder of the employee’s 10 contract year. 11

12

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ARTICLE XII – ASSIGNMENT AND TRANSFER 1 2 The provisions of this Article may be superseded by the rights of employees affected by 3 provisions of Article XIII Lay Off and Recall. 4 5

Section 80 – Terms 6 7

A. “Assignment” means the specific position within a building or program that a staff 8 member holds for a school year. 9

10 B. "Displaced person" means an employee on a continuing contract who has been 11

involuntarily transferred from his/her position with written notice from the Human 12 Resources Department, or who has voluntarily requested to displaced him/herself due to a 13 significant change in his/her program or assignment and with written application to the 14 Human Resources Department and his/her supervisor, or who has been placed in a 15 position other than through Section 88 - Selection of Staffing Categories, of the 16 negotiated agreement. 17

18 C. "Open position" is a vacant position, not occupied by an incumbent, for which the site 19

administrator has submitted an Open Position Announcement and the District intends to 20 fill. 21

22 D. "Placement" means the appointment of an employee by the Human Resources 23

Department to a position within the bargaining unit. 24 25

E. "Position" means the building(s), the grade(s) or department(s), the core(s), team(s), 26 and/or subject(s), and any specialty such as special education, counselor, and librarian, 27 Title I, elementary music, elementary physical education and Great Start. 28

29 F. “Qualified” An employee shall be qualified for a position as set forth in Chapter 181-82 30

WAC. Chapter 181-82. 31 32

G. "Reassignment" means a change in assignment within a building or a program by the 33 appropriate administrator. 34

35 H. "Transfer" means a change from an employee's current position to an open position. 36

37

Section 81 – New School Year Assignments 38 39

A. On or before April 15 of each year that staffing changes are anticipated, each principal or 40 program administrator shall distribute an assignment preference form to each employee at 41 a school/program, for the purpose of determining each employee’s first, second and third 42 preference for assignment for the following year. Employees shall have at least five 43 work days to return the form. 44

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1 B. Principals or program administrators may involve staff members in determining general 2

assignment or deployment schedules for the upcoming school year, and such teams may 3 create an initial assignment or deployment schedule based on employee preferences. 4 However the final assignment or deployment schedule is the responsibility of the 5 principal or program administrator. If it becomes necessary to make reassignments due to 6 staffing or student enrollment changes or other building needs, the principal or program 7 administrator will make those assignment decisions based on individual qualifications 8 and/or preferences. 9

10 C. Before assigning or deploying an employee to a position other than one of the preferences 11

selected by the employee, or if the assignment preference form was not distributed to 12 employees and an employee’s assignment or deployment is to be changed, the 13 principal/program administrator will first call a meeting of affected employees to 14 examine options. This step is not necessary if an employee did not submit a preference 15 form. 16

17 D. Employees shall be notified of their final teaching and room assignments as soon as 18

possible, but no later than the Friday before the last day of school. If a change is made 19 subsequent to the final notice, the employee affected by the change will be notified of the 20 change and the reason as soon as possible. 21

22 E. Upon request, the principal/program director will meet with an employee or employees 23

whose assignment(s) have been changed to discuss the reasons for the change(s). 24 25

F. Every effort shall be made to avoid requiring a secondary school teacher to teach more 26 than two (2) subject areas or more than three (3) preparations. 27

28 G. Itinerant employees will be notified of their assignment for the forthcoming year no later 29

than July 1 annually. Written notice will be given by the appropriate administrator upon 30 request by the employee. 31

32 H. Tentative initial deployment of ESA staff shall be completed by the Friday before the last 33

day of school annually for the following school year with adjustments due to changes in 34 student placement, academic and behavioral characteristics of students, related services 35 needs, and program location by October 10th annually. 36

. 37

Section 82 – General Procedure for Open Positions 38 39 For positions which are open, the following apply: 40 41

A. Successful applicants for open positions shall be assigned in accordance with the 42 certification they hold as described by current state regulations. 43

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B. Staff will participate in the staffing process by assisting in the preparation of position 1 postings, participating in interviews and making recommendations. The principal will 2 have the responsibility to make the final recommendation to Human Resources. 3 4

C. The District and Association will review all open positions. Postings shall include the 5 reason for the vacancy 6

7 D. The District will post pool positions (by elementary, middle and high school levels; 8

disciplines; and specialties) on the District web site. 9 10

E. An employee interested in transferring to an open position must complete the on-line 11 application process on the District website for the appropriate pool of positions. 12 Employees may indicate their preferred grade levels and buildings on their application. 13 This form will be logged in by date and time, which will be certified by the Human 14 Resources Department. 15

16 F. An open position will be filled within fifteen (15) work days of the establishment of the 17

interview pool unless a waiver is obtained from the Association and District. 18 19

G. The Association may request an appeal in writing to the Assistant Superintendent, 20 Human Resources Department, to seek clarification regarding the qualification criteria 21 for any open positions. No posted position shall be filled if such an appeal has been filed 22 until such time as the appeal has been resolved. 23

24 In the event that the District and Association cannot reach agreement regarding the 25 qualification criteria, the District may fill the position on a temporary basis or may revise 26 the qualification criteria and re-advertise the position. 27

28 H. Any position determined through the grievance process to have been filled contrary to the 29

terms of this contract will be opened within fifteen (15) days of such determination, with 30 the date of transfer of the successful applicant to be at the discretion of the successful 31 applicant and administrator. 32

33 I. The Human Resources Department will notify the appropriate administrator of the names 34

of the senior qualified applicants as established in Subsection J. Said administrator will 35 establish a process to review and interview the qualified applicants and will make his or 36 her recommendation for the person to fill the position to the Human Resources 37 Department; provided, however, the administrator may choose to recommend the most 38 senior qualified applicant, in which case the other applicants will not be interviewed. 39

40 J. Upon completion of the interview process, the principal will recommend an applicant for 41

the open position to the Human Resources Department. 42 43

K. The successful applicant for an open position shall have two (2) days to accept or reject 44 the position. Once an employee accepts a pool position, said employee may not apply for 45

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another open position effective that same school year. Positions obtained under Section 1 85, Displaced Employees, are not restricted by this paragraph. 2

3 L. The Human Resources Department, in consultation with the appropriate administrator 4

and the employee, will establish the beginning date for the position. Positions opened 5 after October 1st will be filled by a long-term substitute or employee on a replacement 6 contract until the next September, when the successful applicant will begin. 7

8 M. All employees who are interviewed for an open position will be notified by the Human 9

Resources Department within five (5) work days after the open position has been filled. 10 Such notification shall include the name of the employee selected and the factors which 11 led to the selection. 12

13 N. On request, the most senior applicant(s) not selected for a position will be notified of the 14

specific reasons in writing. 15 16

O. Applications for "alternative certificates for non-certificated persons" should not be made 17 by the District unless the entire "open position" process has been thoroughly exhausted 18 and when mutual agreement with TEA determines that no person with regular 19 certification is available. (Alternative certificates include instructional specialist, limited, 20 and internship.) 21

Section 83 – Timeline Procedures for Filling Positions 22 23 The District will fill open positions occurring at the following times as described below: 24 25

A. Outside the staffing season, generally no later than June 20th through February 26 27

For open positions when significant number of displaced staff have not yet been given 28 new assignments, generally no later than June 20th and no earlier than February 28th the 29 following special conditions apply: 30

31 For these postings, the principals, assisted by appropriate staff, will select the most 32 senior applicant OR interview and recommend from the following qualified 33 applicants: 34

35 1. The three (3) most senior applicants defined by the collective bargaining 36

agreement and, 37 38

2. The temporary incumbent, if applicable (a person presently in the position that 39 was filled after the school year began) and; 40

41 3. One (1) applicant from the following groups, to be identified by Human 42

Resources: 43 44

a. An individual from the employment pool, or 45

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1 b. A recommended replacement contract employee. 2

3 B. During the staffing season, generally March through no later June 20th 4

5 1. Open positions which have not been filled by March 1st (or a date mutually agreed to 6

by the parties that represents when a substantial number of displaced employees have 7 received their displacement notices)will be filled by qualified employees displaced 8 pursuant to Section 83. If the parties agree that the substantial portion of displaced 9 employees have been placed, the parties may agree to close the staffing season hiring 10 process prior to June 20th. Remaining open positions will be filled from the 11 employment pools. 12

2. The order of placement from among displaced employees will be by seniority if more 13 than one employee is deemed qualified for the open position. 14

3. The first (1st) to be considered from the pool shall be qualified replacement contract 15 employees who have demonstrated satisfactory performance and are recommended 16 by their principal, then or unassigned new hires, then qualified outside applicants. 17

4. All qualified persons in the employment pools will be placed prior to placing new 18 employees to the District. 19

5. Remaining open positions will be available to: 20 a. The three most senior qualified applicants. 21 b. Applicants meeting the posted qualification criteria. 22

23

Section 84 – Supplemental Conditions: 24 25

A. The District may fill up to five (5) open positions per year based upon extracurricular 26 assignments. Such positions shall be posted pursuant to Section 82, General Procedures 27 for Open Positions by listing the extracurricular assignment as the open position; such 28 positions shall include full time teaching assignments at the same school. 29

30 No employee shall be involuntarily transferred from a school because another employee 31 was transferred into the school based on an extracurricular assignment. 32

33 B. The provisions of this Article shall not be applicable to positions arising after application 34

of Article XIII, Layoff and Recall, of this Agreement. 35 36

C. Persons assigned to positions other than through Article XII, Assignment and Transfer, 37 Sections 76, 77, 78, 79, and Article XIII, Layoff and Recall, Sections 92 and 93 of the 38 collective bargaining agreement may not be considered for such positions, unless they are 39 the most senior persons in the applicant pool. 40

41

Section 85 – Displacement / Involuntary Transfer 42 43

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A. Reassignments, displacements, and/or involuntary transfers will not be made arbitrarily 1 or capriciously but will be based on staffing needs. 2

3 B. An involuntary transfer may be made in case of categorical funding requirements, 4

unforeseen school closure in whole or in part, change in enrollment (course, grade level 5 or school), reorganization at Central Administrative Building, building/program needs, 6 major program changes, displacements following layoffs in accordance with Section 80, 7 Terms, or in an emergency situation. The District shall meet with the Association prior 8 to an involuntary transfer. 9

10 C. The District will involuntarily transfer the least senior employee within the staffing 11

category; provided, however, an employee will not be involuntarily transferred if another 12 employee volunteers to transfer. 13

14 D. Written notice of displacement shall be provided to impacted staff prior to April 1. For 15

staff members subject to displacement after April 1, employees shall receive written 16 notice as soon as reasonably possible. 17

18 E. The Association and the District shall annually conduct a meeting for all displaced 19

employees to: review their rights, review the process for being placed, and answer 20 questions. 21

22 F. An employee who has been displaced shall have the right to return to his/her former 23

position if reinstated for a period of twenty four (24) months from the last day of the 24 school year during which he/she was displaced. The employee may also at his/her option 25 be assigned to an open position for which the employee is qualified at the same school or 26 work site for a period of twenty four (24) months following the displacement. In the 27 event that the employee opts for an open position for which he/she is qualified, the 28 employee retains the right to his/her former position if reinstated during the twenty four 29 (24) month period. Employees with return rights will automatically be placed in the 30 hiring pool with a preference for the site and position for which they have return rights 31 while their return rights remain in effect. 32

33 G. In the event that the employee opts not to return to his/her former position, the employee 34

will only be considered for subsequent openings consistent with the applicable 35 Assignment and Transfer provisions, Article XII, of the collective bargaining Agreement. 36

37

Section: 86 – School Closures, Changes in School Attendance 38 Boundaries or Grade Level Reorganizations Between More Than 39 One Site 40 41

A. In the event of school closures, boundary changes or grade level reorganization between 42 more than one site, employees will be selected for displacement pursuant to Section 81 43 Displacement / Involuntary Transfer. 44

45

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B. Employees subject to displacement pursuant to subsection 1 shall be so notified in 1 writing within ten (10) work days following action by the School Board. Such 2 notification will be no later than May 1 except in an emergency. Notice will include a list 3 of all schools affected by the Board action and all probable staffing needs at those 4 schools receiving students. 5

6 C. All position openings made available by the Board action will be provided to identified 7

displaced employees in affected school(s)/site(s) for five (5) workdays. 8 9

D. It is the responsibility of designated displaced employees to apply for open positions for 10 which they are interested and qualified at the sites receiving students pursuant to the 11 Board action. 12

13 E. Qualified* employees making application in accordance with subsection 4 will be 14

selected for open or newly created positions at the affected sites. In the event a position 15 is desired by more than one displaced employee the principals, assisted by appropriate 16 staff, will select the most senior applicant or interview and recommend from the three (3) 17 most senior applicants defined by the Collective Bargaining Agreement. 18

19 F. Displaced employees not selected for open positions at receiving schools shall be subject 20

to displacement as set for in Section 81 Displacement / Involuntary Transfer. 21 22

G. Available positions for which no displaced employees apply shall be posted and filled in 23 accordance with Section 81 Displacement / Involuntary Transfer. 24

25 * For only the purposes of this section of the agreement, qualified shall mean appropriate 26 certification, endorsement, experience and training. 27 28

Section: 87 – Opening / Reopening a New School 29 30 When a new school is to be opened, the following procedures will be followed: 31 32

A. The Superintendent shall place on file in the Personnel Office the proposed 33 organizational plan of the school as soon it is available but no later than March 1. 34

35 B. The organizational plan shall set forth the number of positions at the new site together 36

with required qualifications for each position. 37 38

C. Once a principal has been named by the Superintendent, he or she shall establish a core 39 team comprised of current employees selected from the District at large. The core team 40 shall engage in such preparations as needed including the selection of remaining 41 employees to fill available positions as set forth herein. 42

43 D. All other positions made available by the newly opened school will be made available 44

first to displaced employees from the school(s)/site(s) transferring students to the new 45

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school as set forth in Section 86 School Closures, Changes in School Attendance 1 Boundaries or Grade level Reorganizations. 2

3 E. Available positions for which no displaced employees apply shall be posted and filled in 4

accordance with Sections 82 General Procedures for Open Positions and 83 Timeline 5 Procedures for Filling Positions.. 6

7 8 9

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ARTICLE XIII – LAYOFF AND RECALL 1 2 In the event of a staff reduction, the Superintendent’s staff shall develop a list of employees to be 3 retained by the District to fill the positions and to provide the services that will be offered by the 4 District for the ensuing school year. The following criteria will be applied in the order in which 5 they are listed to the staff in developing the list of employees to be retained. 6 7

Section 88 – Selection of Staffing Categories 8 9 Staffing categories for the purpose of reduction in force (RIF) are certification and endorsements 10 held by certificated staff. Official teaching and endorsement certificates date stamped as 11 received by Human Resources prior to March 1st will be valid for planning for staffing for the 12 subsequent school year. 13

14

Section 89 – Staffing Categories 15 16

A. Teaching Staff - Elementary Level (K-5): 17 18

1. Certification: An employee shall possess an appropriate valid Washington state 19 teaching certificate other than a temporary or emergency certificate, that authorizes 20 the holder thereof to teach at the elementary level, as per Chapter 181–82 WAC. In 21 addition, preference for a position of librarian or media specialist will be given to an 22 employee who has successfully completed a program in library/media science or who 23 is in the process of taking/completing such a program. 24

25 B. Teaching Staff Middle and High School Levels (6 - 8; 9 - 12): 26

27 1. Certification: An employee shall possess an appropriate valid Washington State 28

teaching certificate, other than a temporary or emergency certificate, that authorizes 29 the holder thereof to teach at the secondary level in identified subject areas, as per 30 Chapter 181–82 WAC. 31

32 33

C. Supportive Staff (Preschool - 12): 34 35

1. Definition: The supportive staff shall include psychologists, counselors, nurses, 36 speech language pathologists, physical therapists, occupational therapists, librarians 37 and other areas of special certification. 38

39 2. Certification: An employee shall possess the special credential or certificate required 40

for the particular position, as per Chapter 181–82 WAC. 41 42

D. Special Education Staff (Preschool - 12): 43 44

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1. Definition: The special education staff shall include teachers of special education and 1 other areas of special certification. An employee must satisfy the qualification 2 criteria for the position required by Chapter 181–82 WAC. 3

4

Section 90 – Seniority 5 6 Definition of Seniority: Seniority shall be the total years of service as determined by: 7 8

A. The number of years of service granted upon last entry into the District, provided, that a 9 maximum of four (4) years of out-of-state teaching experience may be counted for those 10 hired before 1999. 11

12 B. For purposes of RIF for counselors and social workers only, for employees hired prior to 13

September 1, 1997, prior related service credit for agency experience will be granted. 14 Two (2) years of agency experience equals one (1) year of experience to a maximum of 15 six (6) years on the salary schedule. Employees hired after September 1, 1997 must have 16 their agency experience meet the LEAP guidelines as developed by the state of 17 Washington. 18

19 C. One (1) additional year of seniority shall be granted for each year of service thereafter 20

that meets the criteria for advancement on the salary schedule. 21 22

Section 91 – Tie Breakers 23 24

A. Seniority Tie Breaker: When more than one (1) employee qualifies for a position in a 25 staffing category, the employee with the most seniority shall receive the position. 26 Seniority shall be as defined in § 90. 27

28 B. Preparation Tie Breaker: If two (2) or more employees are tied after applying the 29

seniority tie breaker, then the employee with the greatest number of credits recorded in 30 the Human Resources Department as of October 1 of the current school year shall receive 31 the position. 32

33 C. Final Tie Breaker: If two (2) or more employees are still identical after applying the tie 34

breakers A. and B., then layoff shall be by lot. 35 36 37 38

Section 92 – Layoff 39 40

A. All employees for whom no position is available shall be placed in the District layoff 41 pool. An individual may remain in the layoff pool for no more than two (2) school years 42 (ending August 31) following his/her layoff. 43

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1 B. Notice shall be given in the manner and at the time required by law to every employee 2

who is affected by the layoff. 3 4

C. Under such terms and conditions as may be imposed by the various insurance carriers, 5 individuals in the District layoff pool may continue all or part of their group insurance 6 benefit programs by payment, in advance, of the premiums for such insurance. 7 Arrangements shall be made through Sound Partnership. 8

9 D. All individuals in the layoff pool shall, upon request, be placed on the substitute teacher 10

list following layoff and shall receive priority consideration for substitute assignments. 11 12

E. Individuals in the District's layoff pool shall receive priority consideration for assignment 13 to temporary contracted positions. The acceptance of a temporary contracted position 14 shall not remove the individual from the District layoff pool. 15

16

Section 93 – Recall 17 18

A. As positions become available, the District shall reinstate qualified individuals from the 19 layoff pool, using the same criteria specified above. 20

21 B. An individual in the layoff pool who has less than 210 quarter hours of credit will be 22

eligible for recall to positions within their designated category only where there is no 23 individual in that category in the layoff pool who has 210 or more quarter hours of credit. 24

25 C. The District may hire new employees only where there is no individual in the layoff pool 26

who meets the certification and qualification criteria specified herein for the available 27 position. 28

29 D. Individuals who obtain additional certification, qualifications or college preparation while 30

in the layoff pool shall be entitled to update their records with the Human Resources 31 Department. An individual in the layoff pool may change his/her designation of 32 categories during the first (1st) week in December of each year. In filling a vacancy, the 33 most recent category designation and certification, qualification and college preparation 34 information on file in the Human Resources Department shall be determinative. 35

36 E. An individual in the layoff pool shall have twenty four (24) hours to respond following 37

actual notice by telephone, telegraph, in person, or in writing of an offer of recall. If the 38 individual fails to respond, his/her name shall be passed over for the position. If the 39 individual fails to respond a second (2nd) time to an offer of recall, his/her name shall be 40 placed at the bottom of the seniority list for the layoff pool in the categories designated. 41

42 F. An individual in the layoff pool shall have the right to reject one (1) offer of recall. If an 43

individual in the layoff pool rejects a second (2nd) offer of recall, his/her name shall be 44 placed at the bottom of the seniority lists for the layoff pool in the categories designated. 45

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1 G. Where a position offered for recall has been rejected by all of the qualified individuals in 2

the layoff pool, the District shall assign the position to the qualified individual holding 3 the lowest position on the appropriate seniority list. Failure to accept such assignment 4 shall constitute forfeiture of all recall rights. 5

6 H. The District will notify the Association, in writing, of all employment offers made to 7

individuals in the layoff pool and the final outcome of such offers. 8 9

Section 94 – Displacements Following Layoff 10 11

A. In completing staff assignments for the school year in which a reduction-in-force 12 occurred, the District will attempt to maintain each employee who is retained in his/her 13 current school or field or level or position; provided, however, that all employees retained 14 are subject to reassignment within their certification and endorsements. 15

16 B. All authorized positions not held by an incumbent, after application of the criteria, shall 17

be deemed vacant and shall be posted for a period of ten (10) days for filling from the 18 retained employees. An applicant shall rate each position sought as a first, second, third, 19 etc., choice. 20

21 C. At the expiration of the posting period, all applicants among the retained employees shall 22

be considered for the positions for which they applied within the staffing categories 23 previously chosen. The positions shall be filled based on the criteria listed in Section 89, 24 Staffing Categories, of this Agreement; provided, however, that no transfer shall be made 25 under this section which will cause a vacancy to exist which cannot be filled by a 26 member of the retained staff within his/her designated staffing category under Section 93, 27 Recall, of this Agreement. 28

29 30 31

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ARTICLE XIV – GRIEVANCE PROCEDURE 1 2

Section 95 – Definition 3 4 A grievance is a claim based upon an alleged violation of this Agreement, written District 5 policies, regulations and rules adopted by the Board or unfair and inequitable treatment of an 6 employee by an administrator. 7 8

Section 96 – Procedure 9 10 Grievances shall be processed as rapidly as possible; the number of days indicated at each step 11 shall be considered as maximum, and every effort shall be made to expedite the process. Time 12 limits under unusual circumstances may be extended by mutual consent. 13 14 At each step of the grievance procedure, the employee may be accompanied by a designated 15 representative of the Association. Any person(s) employed by the District or Association who 16 might contribute to resolution of the grievance may be requested by the employee and/or the 17 official representative. 18 19 If a Level II grievance is not filed within fifty (50) business days of the act or the creation of the 20 condition on which the grievance is based, then the grievance shall be waived. 21 22 Level I 23 24 An employee with a grievance shall discuss the grievance first with his/her immediate 25 administrator. Every effort shall be made to solve the grievance at this level in an informal 26 manner. 27 28 Level II 29 30 In the event that the grievance is not resolved informally, it shall be reduced to writing and 31 presented to the immediate administrator. Within five (5) business days after the written 32 grievance is presented, the administrator shall render a decision thereon, in writing, and present it 33 to the grievant. 34 35 Level III 36 37 If the aggrieved employee is not satisfied with the disposition of the grievance at Level II, or if 38 no decision has been rendered within five (5) business days after the presentation of the 39 grievance, he/she may file the grievance in writing on the grievance form with the 40 Superintendent, with a copy sent to the immediate administrator and to the Association. The 41 Superintendent, or designated representative(s), shall represent the administration at this level of 42 the grievance procedure. Within five (5) business days after receiving the written grievance, the 43 Superintendent, or designated representative(s), shall establish a meeting date with the aggrieved 44

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in an effort to resolve the grievance. If a Level III grievance is not filed in writing with the 1 Superintendent within five (5) business days after a Level II decision has been received in 2 writing, then the grievance shall be waived. 3 4 The decision from Level III shall be in writing and delivered to the aggrieved employee. 5 6 If the aggrieved employee is not satisfied with the disposition of the grievance at Level III, or if 7 no decision has been rendered within five (5) business days after the meeting with the 8 Superintendent, or designated representative(s), the employee may file a Level IV grievance. 9 10 When a grievance hearing is held at Level III and the grievance involves an immediate 11 supervisor, the supervisor shall be present if requested by the grievant. 12 13 Level IV 14 15

A. If the aggrieved is not satisfied with the disposition of the grievance at Level III, the 16 grievant may, within five (5) business days after the decision is rendered, request in 17 writing to the Association with a copy to the Superintendent, that the grievance be 18 submitted to arbitration. 19

20 Employee/Association Option 21

22 At the employee's option, a grievance may be submitted in writing to the Board prior to a 23 request for arbitration if the aggrieved employee is not satisfied with the disposition of 24 the grievance at Level III, or if no decision has been rendered within five (5) business 25 days after the meeting with the Superintendent, or designated representative(s). 26

27 The President of the Board shall review the grievance appeal and shall determine whether 28 or not a Board level grievance appeal shall be held. If the Board level grievance appeal is 29 not held, the President of the Board shall reply to the grieving in writing within five (5) 30 days. 31

32 B. The Association may, within ten (10) business days after the receipt of the request for 33

arbitration, submit the grievance to arbitration by so notifying the Superintendent; 34 provided, however, that only those grievances based upon an alleged violation of this 35 Agreement shall be subject to arbitration. If the grievance is submitted to the Board, the 36 Association’s time limit for requesting arbitration is suspended until the Board action is 37 completed. If a particular grievance is based upon an alleged violation of this Agreement 38 and unfair and inequitable treatment, then only that portion based upon the alleged 39 violation of this Agreement shall be subject to arbitration. 40

41 C. The Association may request a list of arbitrators from the Federal Mediation and 42

Conciliation Service. The District and the Association will select an arbitrator by 43 alternately striking names from the list until an arbitrator is determined. As an 44 alternative, the Association may submit the grievance to arbitration through the American 45

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Arbitration Association (AAA). If the AAA is used, the parties will be bound by the 1 voluntary rules and procedures of the AAA for the selection of the arbitrator. 2

3 D. The arbitrator shall confer promptly with the representatives of the Board and of the 4

Association, review the record of prior meetings and hold such further hearings as 5 deemed necessary. 6

7 E. The arbitrator will have authority to hold hearings and make procedural rules. Findings 8

will be issued within a reasonable time after the date of the close of the hearings or, if 9 oral hearings have been waived, from the date the final statement and evidence are 10 submitted to the arbitrator. 11

12 F. The arbitrator's findings shall be submitted in writing as soon as possible to the Board 13

and to the Association and shall set forth findings of fact, reasoning and conclusions on 14 the issues submitted. The arbitrator's decision shall be consistent with existing statutes 15 and shall be binding on both parties. 16

17 G. Any costs for the services of the arbitrator shall be shared equally by the District and the 18

Association. 19 20

H. Fees which are charged by an arbitrator for canceling or postponing an arbitration hearing 21 shall be paid by the party who initiates the cancellation or the postponement, unless the 22 District and the Association mutually agree to other arrangements in reaching a 23 settlement to the grievance. 24

25

Section 97 – Supplemental Conditions 26 27

A. Exclusive representation for a grieving shall be through the Association except for an 28 employee who may elect self representation. 29

30 B. There shall be no reprisal by the Association, the District or its employees by reason of 31

the involvement of any person in the grievance procedure. 32 33

C. Nothing herein contained shall be construed as limiting the right of any employee having 34 a grievance to discuss the matter informally with an appropriate member of the 35 administration. 36

37 D. A grievance may be lodged by the Association. 38

39 E. Certain grievances which are not under the jurisdiction of the immediate administrative 40

supervisor and are based upon administrative action taken by an administrator other than 41 the immediate administrative supervisor shall be initiated at Level III of the grievance 42 procedure. A copy of the grievance shall be provided the immediate supervisor. 43

44

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F. For certificated employee grievances, the arbitrator shall have no power or authority to 1 rule on any of the following: 2

3 1. The termination of services of or failure to re employ any provisional employee. 4

5 2. The termination of services or failure to re employ any employee to a position on 6

supplemental salary schedules. 7 8

3. Any matter involving employee probation procedures, discharge, nonrenewal, 9 adverse effect or reduction in force. 10

11 G. The Board agrees to furnish the Association upon request of a designated representative 12

such information which may be necessary to process any grievance or complaint. 13 14 15

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AGREEMENT 1 2 3 This Agreement is made and entered into between Tacoma School District No. 10 and the 4 Tacoma Education Association. 5 6 7 TACOMA SCHOOL DISTRICT NO. 10 8 9

10 _______________________________ September 1, 2009 __ 11 President, Board of Directors Date 12 13 14 15 TACOMA EDUCATION ASSOCIATION 16 17

18 _______________________________ September 1, 2009 __ 19 President Date 20 21

22 _______________________________ September 1, 2009 __ 23 Uniserv Representative Date 24 25 26 27

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MEMORANDUMS OF UNDERSTANDING 1

MEMORANDUM OF UNDERSTANDING BETWEEN 2

TACOMA SCHOOL DISTRICT NO. 10 AND TACOMA 3

EDUCATION ASSOCIATION REGARDING THE 4

FURTHER IMPLEMENTATION OF PROJECT 5

QUALITY EVALUATION 6 7 8 The purpose of this Memorandum of Understanding is to commemorate in writing an 9 understanding between the Tacoma School District No. 10 (District) and the Tacoma Education 10 Association (Association) regarding the establishment of a process to continue work on the 11 implementation of Project Quality Evaluation and integrate that work into the current bargaining 12 process. 13 14 Background 15 16 For approximately a decade the parties have been engaged in a collaborative project, Project 17 Quality (PQ), to create standards, criteria and rubrics for measuring effective teaching. The 18 purpose of the standards is to infuse the careers of teachers in Tacoma, from recruitment through 19 mentoring, professional development and evaluation, with a comprehensive framework. Project 20 Quality has been a successful example of effective collaboration at many levels: superintendents 21 and Association presidents, administrators and Association leaders, principals and teachers. 22 Based on discussions in the collective bargaining process, the parties agree that PQ retains great 23 potential, and that there must be a mutual commitment to reinvigorate and advance PQ. In order 24 to honor the success the parties have had in collaborating on PQ, and to assure measurable 25 outcomes in a timely way, the parties agree as follows: 26 27 Agreement 28 29

1. The District and Association will each appoint six (6) representatives to a PQ steering 30 committee by April 11, 2008. Each party will designate a lead representative to the 31 committee, with substantial responsibility for organizing the work of the committee. 32 Representation will be broad-based, and include, at a minimum, a secondary principal, 33 and a representative of the ESA professional groups. 34

35 2. The District and Association agree to collaborate on providing the steering committee 36

with sufficient resources (time, compensation, access to leadership, etc.) to thoroughly 37 complete and implement their work. 38

39 3. The first task of the steering committee is to provide the bargaining teams with a 40

recommendation for updates to the PQ evaluation process by June 1, 2008. The elements 41 for review and improvement in the current PQ evaluation system are: 42

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1 a. Teachers and principals need the flexibility to have more than two goals as the focus 2

of the annual evaluation process. 3 4

b. The process needs to include a mechanism for taking up issues or concerns that 5 develop for the teacher or administrator during the course of the year, after the initial 6 goals have been developed. 7 8

c. Goal development could happen earlier in the school year than the current 9 requirement of prior to winter break, allowing for more time to work on the goals. 10 11

d. Enhance the role of peers in the self-assessment, goal setting and work of the PQ 12 evaluation system. 13 14

e. A comprehensive and year-long professional development process needs to be 15 developed to further introduce the PQ evaluation process and the 2008 changes for 16 both evaluators and teachers. 17

18 4. The second task of the steering committee is to develop a work plan for designing and 19

implementing a comprehensive and observation-based PQ evaluation process for new 20 teachers and for those for whom performance concerns have arisen. The committee 21 should strive to have this process ready for review by the bargaining teams by June 25, 22 2008 and possible implementation in the 2008-09 school year. This evaluation process 23 should be a relatively simple, observation-based evaluation that reviews performance 24 across all six PQ standards, and provides for teacher self-assessment. The steering 25 committee also needs to develop a comprehensive professional development plan for the 26 introduction of this evaluation process. 27

28 5. The third task of the steering committee is to develop a comprehensive work plan for 29

reintegrating PQ into the life of teachers and administrators. Elements include: 30 31

a. Revisit the original plans for building Tacoma’s recruitment, mentoring, professional 32 development and evaluation programs around the PQ standards. 33 34

b. Recommend organizational structures to involve all levels of the Tacoma Public 35 Schools in PQ. 36 37

c. Recommend strategies for integrating PQ into the District’s and Association’s 38 professional development programs, including on staff training days and optional 39 days. 40 41

d. Institutionalize ongoing training around PQ and the evaluation system. 42 43

e. Immerse new employees in the PQ standards and building their induction and 44 mentoring programs around it. 45 46

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f. Develop professional development and mentoring options infused with PQ to 1 revitalize mid-career staff. 2 3

g. Assure that PQ remains a collaborative effort in development and implementation of 4 all elements. 5 6

h. Identify those who have demonstrated effectiveness, both administrators and teachers, 7 in working with PQ and utilize these people in training and support activities. 8 9

i. Continue to align PQ programs and processes with evolving state requirements. 10 11

j. Increase inter-building development of professional development opportunities and 12 teacher teaming. 13 14

k. Systematically review the PQ evaluation processes for successes and 15 recommendations for improvement. 16

l. Organize the educational staff associate professional groups to develop professional 17 standards so PQ may be integrated into their professional lives. 18

19 6. Prior to a final tentative agreement by the parties in the 2008 bargaining cycle, the parties 20

will review this agreement for components that should be incorporated into the collective 21 bargaining agreement, and added components that may be needed based on the 22 preliminary work of the steering committee. 23

24

For the District: For the Association: 25 26 27 _______________________________ ________________________ 28 Laurie Taylor Lynn Macdonald 29 Assistant Superintendant, Human Resources UniServ Representative 30 31 Date: ___________________ Date: ___________________ 32 33 34

35

36

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MEMORANDUM OF UNDERSTANDING BETWEEN TACOMA 1 SCHOOL DISTRICT NO. 10 AND TACOMA EDUCATION 2

ASSOCIATION REGARDING CERTIFICATED STAFF 3 ATTENDANCE 4

5

The parties have shared interests in assuring that employees covered by the agreement attend 6 work on scheduled work days and use paid leave appropriately when they must be absent. The 7 parties will collaborate on a coordinated communication plan to remind employees: 8 9

A. Every absence impacts students and co-workers. Either important work is not done, or it 10 must be picked up by substitutes or colleagues who cannot be as effective as the 11 employee who is absent. 12

13 B. It is to an employee’s advantage to maintain healthy balances of sick leave in case of a 14

serious illness. 15 16

C. All leave must be taken in accordance with the conditions in the collective bargaining 17 agreement: 18

19 1. Sick leave is available only for illness or injury for oneself or a close family member, 20

or emergency. Use of sick leave for an emergency is limited to three days per year 21 and must be a serious emergency. Sick leave absences beyond five work days require 22 a doctor’s report. 23

24 2. Bereavement leave is available when a family member has died. The collective 25

bargaining agreement designates which family members are covered, and how long 26 the leave may be. 27

28 3. Family illness leave is available for only three days, and only when a designated 29

family member is ill or injured and requires the employee’s care. 30 31

4. Extraordinary leave is available for two days per year, cumulative to six days, and 32 may not be used to extend holidays, breaks or vacations. 33

34 5. Vacation leave for twelve-month employees must be approved in advance. 35

36 6. Even leave without pay requires advance approval by the District, not just the 37

supervisor. 38 39 For the District: For the Association: 40 _______________________________ ________________________ 41 Laurie Taylor Lynn Macdonald 42 Assistant Superintendant, Human Resources UniServ Representative 43 Date: ___________________ Date: ___________________ 44

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MEMORANDUM OF UNDERSTANDING BETWEEN TACOMA 1 SCHOOL DISTRICT NO. 10 AND TACOMA EDUCATION 2

ASSOCIATION REGARDING POOL POSITIONS 3 4 5 The parties agree to pilot a pool position system for filling vacancies from August 1, 2008 6 through August 31, 2011. Initially positions that will be filled through the pool process shall 7 include elementary education positions. The parties will jointly define additional position pools. 8 9 Pool positions will not be posted when vacant. Applicants interested in pool positions apply for 10 the pool once through the District’s application process. Applications meeting minimum 11 qualifications for pool positions will have their applications maintained by Human Resources. 12 Pool applicants may designate sites, grades and subjects that they are willing to consider for 13 assignment. Pool applicants will be considered for vacant pool positions in order of District 14 seniority and pursuant to §§ 82 and 83 of the Agreement. 15 16 This agreement shall remain in effect, subject to the addition or deletion of positions designated 17 pool positions by the mutual agreement of the parties, from August 1, 2008 through August 31, 18 2011, unless either party provides sixty (60) days written notice of their intention to withdraw 19 their agreement to this memorandum. 20 21 22 For the District: For the Association: 23 24 25 _______________________________ ________________________ 26 Laurie Taylor Lynn Macdonald 27 Assistant Superintendant, Human Resources UniServ Representative 28 29 Date: ___________________ Date: ___________________ 30 31 32 33 34

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MEMORANDUM OF UNDERSTANDING BETWEEN TACOMA 1 SCHOOL DISTRICT NO. 10 AND TACOMA EDUCATION 2

ASSOCIATION REGARDING ESA NATIONAL 3 CERTIFICATION STIPENDS 4

5 6 Background: In 2005, the Parties agreed to provide a locally-funded stipend to educational staff 7 associates (ESAs) who achieved national certification in their professional discipline, equal to the state-8 funded stipend for teachers obtaining National Board for Professional Teaching Standards (NBPTS) 9 certification. In order to assure that the agreement is being implemented as intended and is having the 10 intended impacts, the Parties agree as follows: 11 12 Agreement: 13 14 A Task Force will be appointed made up of at least one nationally certificated ESA from each discipline 15 with a District-recognized national certification, one NBPTS-certified teacher, one Association staff 16 member, and three administrators (from Human Resources and Special Education). 17 18 The Task Force will review the national certification process for each ESA discipline, and compare it 19 with the process for obtaining NBPTS certification. In each case, the Task Force will make a 20 recommendation whether or not the category of ESA certification is sufficiently comparable to NBPTS 21 certification to merit the national certification stipend. 22 23 The Task Force will also determine whether or not a given ESA discipline has access to a NBPTS 24 category of certification. If so, that ESA discipline must access national certification through the NBPTS, 25 not its specific professional national certification. An exception is made for District social workers 26 assigned as guidance counselors, who are ineligible for NBPTS certification as guidance counselors 27 because of their social worker certification. 28 29 The Task Force will also explore salary competitiveness and retention concerns surrounding any of the 30 ESA disciplines, and possible solutions, especially if national certification recognition is not a viable 31 basis for a stipend. 32 33 The Task Force will submit its report and recommendations to the Parties no later than May 1, 2009. 34 35 The Parties will negotiate the terms of implementation of the Task Force’s recommendations for phase-in 36 beginning September 1, 2009. The District will maintain its current practices around awarding ESA 37 national certification stipends through August 31, 2009. 38 39 For the District: For the Association: 40 _______________________________ ________________________ 41 Laurie Taylor Lynn Macdonald 42 Assistant Superintendant, Human Resources UniServ Representative 43 44 Date: ___________________ Date: ___________________ 45 46

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REINVIGORATE MEMORANDUM OF UNDERSTANDING 1 BETWEEN TACOMA SCHOOL DISTRICT NO. 10 AND 2 TACOMA EDUCATION ASSOCIATION REGARDING 3

EDUCATIONAL STAFF ASSOCIATES AND ELEMENTARY 4 LEARNING RESOURCE CENTER (LRC) TEACHERS 5

6 7 The parties agree to convene an ESA and elementary LRC bargaining sub-committee in order to 8 examine the workload of school psychologists, occupational therapists, physical therapists, 9 speech and language pathologists, nurses, guidance staff and elementary LRC teachers. 10 11 The Association and District each shall select eight (8) members to the bargaining sub-12 committee. The task force may convene subcommittees to assist in the completion of its work. 13 14 The bargaining sub-committee shall: 15 16

1. Examine the current workload of each ESA group listed and elementary LRC teachers 17 including but not limited to the following: caseload and direct service recommendations. 18

19 2. Research the contractual workload provisions of the same ESA groups in other districts. 20

21 3. Research best practices and workload/caseload recommendations of the applicable 22

professional organizations. 23 24

4. Review and recommend a substitute provision for § 63 (D) of the contract, which expires 25 on August 31, 2009, balancing the requirements of this provision with the class-size 26 limitations present in § 63 and other sections of the contract, and the staffing ratios 27 produced by state funding formulas. 28

29 5. Make recommendations to the parties regarding ESA and elementary LRC workload. 30

The recommendations of the sub-committee shall be submitted to the parties on or before 31 March 15, 2009. Any recommended changes in the current contract language shall be the 32 subject of re-opener negotiations and ratification by the parties. 33

34 The parties agree to reopen negotiations upon receipt of the recommendations of the bargaining 35 sub-committee. 36 37 38 For the District: For the Association: 39 40 _______________________________ ________________________ 41 Laurie Taylor Lynn Macdonald 42 Assistant Superintendant, Human Resources UniServ Representative 43 44 Date: ___________________ Date: ___________________ 45

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MEMORANDUM OF UNDERSTANDING BETWEEN TACOMA 1 SCHOOL DISTRICT NO. 10 AND TACOMA EDUCATION 2

ASSOCIATION REGARDING SECONDARY LEVEL 3 ADVISORY 4

5 The parties have shared interests in the effective and efficient implementation of programs that 6 assist secondary students with academic and career planning, school transitions and graduation 7 requirements through staff advisories. Currently the District is participating in the state 8 Navigation 101 grant and has resources available to buildings for implementation. Comparable 9 programs or non-grant supported Navigation 101 will require resources to support the work. 10 Building leaders, administrative and certificated, have taken different, but effective, approaches, 11 to implementing Navigation 101 and the parties support that localized approach, when several 12 basic elements are established. Those elements are: 13 14

• Whether grant funded or not, the advisory programs require District-level and building-15 level support. The District will continue comparable levels of support to the current 16 Navigation 101 model so long as the program or a similar advisory program is a District 17 strategy. This includes 300 hours of extra-pay for extra-work at each building, and 18 District-level staffing at about 1.0 FTE. 19

20 • Site-centered decision making teams (SCDMs) are the appropriate building-level body to 21

guide the implementation of an advisory program in a building, along with the allocation 22 of resources to support staff work in the program. 23

24 • while the parties agree that the current model of advisory/Navigation 101 is undertaken 25

within the student day and staff work day, buildings are required to assure that resources 26 allocated to support the advisory or Navigation 101 program are used to support the extra 27 work involved for staff, including preparation of materials and review of student records. 28

29 This memorandum of understanding remains in effect while the District utilizes secondary 30 student advisories as a strategy, and shall be reviewed no later than August 31, 2011. 31 32 33 For the District: For the Association: 34 35 36 _______________________________ ________________________ 37 Laurie Taylor Lynn Macdonald 38 Assistant Superintendant, Human Resources UniServ Representative 39 40 Date: ___________________ Date: ___________________ 41 42 43 44

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MEMORANDUM OF UNDERSTANDING BETWEEN TACOMA 1 SCHOOL DISTRICT NO. 10 AND TACOMA EDUCATION 2

ASSOCIATION REGARDING: SUMMER SCHOOL STAFF 3 EVALUATION 4

5 6 7 During the term of the current Agreement: Either a summer school employee or a summer 8 school administrator may require that the employee’s performance during the summer school 9 session be evaluated. The evaluation instrument shall be developed by the parties prior to the 10 2009 summer school session and shall be comparable to the evaluation form used for substitute 11 employees. If an administrator believes an unsatisfactory evaluation may be appropriate, the 12 administrator must conduct at least two (2) thirty (30) minute observations prior to completing 13 the evaluation. An employee’s prior evaluations may be considered in making staffing decisions 14 for summer school programs. The parties will review the implementation of the summer school 15 evaluation process annually. This memorandum of understanding expires on August 31, 2011. 16 17 18 For the District: For the Association: 19 20 21 _______________________________ ________________________ 22 Laurie Taylor Lynn Macdonald 23 Assistant Superintendant, Human Resources UniServ Representative 24 25 Date: ___________________ Date: ___________________ 26 27 28 29 30 31 32

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Memorandum of Understanding Regarding Health and Safety 1 2 Background: The Association and the District bargained the interest of health and safety for all 3 Association members employed by the District. A task force was put together to study the ideas 4 and recommendations listed below. This task force has been working together to create 5 recommendations to be forwarded to the Association by March of each year for the purposes of 6 negotiating reopeners where appropriate. 7 8

I. Charges for the Safety/Health Task Force: Work closely with Risk Management in 9 discussing, researching and making recommendations regarding the following items: 10 11 A. Identify resources that could be made available for addressing enhanced health and 12

safety for the employees and students of Tacoma Public Schools. 13 B. Create a plan to implement Smart card/Keyless entry in TPS. 14 C. Review the issue of instances of employee property and other loss (e.g. sick leave, 15

salary, benefits). 16 D. Study issues related to indoor air quality with attention to the issue in buildings 17

undergoing construction/remodeling. 18 E. Investigate the possibility of outdoor cameras for security outside buildings 19

(especially in blind spots). 20 F. Research and share the guidelines for privacy in workplace. 21 G. Review signage at CAB and elsewhere throughout the District. 22 H. Design an action plan with the goal of requesting policy action on the part of the 23

School Board regarding the following issues: 24 1. Students with electronic devices 25 2. Hostile parents/patrons and citizens in conjunction with the Tacoma Principals’ 26

Association 27 3. ID for all students and staff 28 4. A uniform policy for students 29 5. A clear definition of a fight/assault 30 6. A clear definition of a weapon. 31

I. Redeploying and/or increasing the counseling staff at schools with special education 32 populations 33

J. Securing grants to address drug/alcohol interventions. 34 K. Expanding counseling for students impacted by sexual abuse and other serious issues 35 L. Providing a document listing all community resources for employees in an emergency 36

situation. This could be a jointly authored document of community resources. Perhaps 37 this could be referred to EAP/Trust 38

M. Studying the possibility of funding an in-house suspension room in every elementary 39 building. Using the office is not an option. 40

41 II. The District shall continue to explore the development of off campus alternative 42

programs and placements for students who pose a danger to themselves and others or 43 who substantially disrupt the learning environment in Tacoma schools. 44

45

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III. Further, it is recommended that a District-wide safety plan be developed from the 1 classroom level outwards. The following items should be considered: 2

3 A. Classroom level procedures/needs: 4

1. Appropriate emergency supplies are in each classroom 5 2. Building/classroom policy regarding food from outside coming in to classrooms 6 3. Information regarding and copies of all District policies regarding health and safety 7

with implementation assistance and suggestions 8 4. Blinds on every window in each classroom in the event of a lock down 9 5. Training in the best practices for de-escalating violence, and reducing the occurrences 10 6. Class size and individual student needs must be considered in the plan 11

12 B. Building level procedures/needs: 13

1. A plan for sharing all District policies regarding health and safety complete with 14 implementation plans and timelines 15

2. Buildings should review the safety of all equipment especially in science and CTE 16 classes 17

3. Adequate health room coverage in all buildings (with a minimum of three hours of 18 health clerk time in elementary buildings lacking a full-time nurse). 19

4. Adequately stocking/restocking all health rooms 20 5. Create a Safety/Health Committee at each site 21 6. Provide a locking file cabinet or at minimum a drawer for each employee to store 22

their necessary personal belongings. 23 7. Sites should evaluate the need for training in their site related to safety and health. For 24

example CPR, First-Aid, and/or defibrillator training. Based upon such an 25 assessment, the site should create a plan to provide the training deemed necessary. 26

27 C. Training Components to consider: 28

1. Training on HIB 29 2. Training on disciplining special education students. 30 3. Training for dealing with irate parents/patrons will be a focus of the Civility Task 31

Force to be entered into jointly by the TPA, TEA, and TPS management. 32 4. Training on responding to threats. 33

34 35 36 37 38 39

40

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Appendices 1 2

Appendix I. Further Agreements 3 4 The District and the Association have continued an interest-based approach to negotiations. This 5 process recognizes that there are many issues for which solutions do not necessarily belong in 6 the collective bargaining agreement but have significant impact on the learning and working 7 environment for students and staff. As a result of the interest-based process used during these 8 negotiations, solutions to mutual concerns were identified. The Agreements reached are as 9 follows: 10 11

1. Continue the practice of including building/site staff in the selection of administrators 12 from outside the District. 13

2. Continue the practice of evaluating the appropriateness of the District seeking a 14 temporary restraining order on behalf of the employee in event of staff safety concerns. 15

111

Appendix II & III. Discrimination / Harassment Intimidation 1 Bullying Complaint Form 2

3

112

Appendix IV-A. Salary Schedule -- Teachers’ Combined Salary 1 Schedule (Hired after 1999) 2

3

113

Appendix IV-B. Salary Schedule -- Teachers’ Professional 1 Responsibility Salary Schedule (Hired after 1999) 2

3

114

Appendix IV-C. Salary Schedule -- Teachers’ Base Salary Schedule 1 (Hired after 1999) 2

3

115

Appendix IV-D. Salary Schedule -- Teachers’ Combined Salary 1 Schedule (Hired before 1999) 2

3

116

Appendix IV-E. Salary Schedule -- Teachers’ Professional 1 Responsibility Salary Schedule (Hired before 1999) 2

3

117

Appendix IV-F. Salary Schedule -- Teachers’ Base Salary Schedule 1 (Hired before 1999) 2

3

118

Appendix V. Regular Contract / Professional Responsibility 1 Supplemental Contract 2 3

4

119

Appendix VI. 2008-09 School Calendar 1 2

3

120

Appendix VII. Request for Peer Review Form 1

2

3

4

REQUEST FOR PEER REVIEW FORM (Must meet within seven (7) calendar days of the request Section 65. Timelines may be extended by mutual agreement.)

Copies to: Tacoma Education Association, TPS Assistant Superintendent of the applicable grade level.

Name: School:

Position:

Participants necessary to solve the problem:

Principal/Supervisor

TEA

Program Director

Assist. Superintendent

Peers

Others

Brief statement of the issue(s) to be resolved:

Statement and date of resolution:

121

Appendix VIII. Waiver of Class Size Limits Form 1 2 3

4

WAIVER OF CLASS SIZE LIMITS FORM GRADES 6 - 12

Copies: Human Resources Department, Tacoma Education Association

Teacher: School:

Class Period(s) and maximum number of students accepted for each period listed:

Subjects:

Semester/Trimester: School Year:

I agree to waive the class size limits specified in the collective bargaining agreement, Section 40. Staffing, for the above named class(es), during the time period specified, with the following conditions: 1. My agreement to this waiver is strictly voluntary. 2. My agreement to this waiver does not grant to me any right to preferential selection of students. 3. My agreement to this waiver shall only be valid for the time specified. 4. My agreement to this waiver shall only be valid for the period(s) and number(s) of students specified herein.

To be valid, this form must be completed by the second (2nd) Friday or fifteenth student day (whichever is later) of the semester/trimester, in which this waiver is specified or at the date at which I have agreed to waive class size maximums if the overload has occurred after the second (2nd) Friday of the semester/trimester.

A teacher’s decision to agree or not to agree to a class size waiver shall not be made a part of any evaluation, shall not be noted in any personnel file and shall not result in any inequity of treatment.

Teacher Signature: Date:

Principal Signature: Date:

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Appendix IX. Certificated Personal Professional Growth Plan 1 2

3

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Appendix IX. Page 2 1 2

3

124

Appendix IX. Page 3 – Pre or Post Conference Worksheet 1 2

3

125

Appendix IX. Page 4 – Standard / Comprehensive Check-off Sheet 1 2

3

126

Appendix IX. Page 5 – Standard / Comprehensive Explanation of 1 Unsatisfactory Ratings 2

3

127

Appendix IX. Page 6 – Standard / Comprehensive Observation 1 Summaries 2 3

4

128

Appendix IX. Page 7 – Teacher Self-Assessment Worksheet page 1 1 2

3 4

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Appendix IX. Page 8– Teacher Self-Assessment Worksheet page 2 1 2

3 4

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Appendix IX. Page 9– Teacher Self-Assessment Worksheet page 3 1 2

3 4

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Appendix IX. Page 11– Teacher Self-Assessment Worksheet page 4 1 2

3 4

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Appendix IX. Page 12– Teacher Self-Assessment Worksheet page 5 1 2

3 4

133

Appendix IX. Page 13– Teacher Self-Assessment Worksheet page 6 1 2

3 4

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Appendix IX. Page 14– Teacher Self-Assessment Worksheet page 7 1 2

3 4

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Appendix X. Professional Growth Plan Record of Annual 1 Evaluation 2

3

136

Appendix XI. Evaluation Forms – page 1 1 2

3

137

Appendix XI. Evaluation Forms – page 2 1 2

3

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Appendix XI. Evaluation Forms – page 3 1 2

3

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Appendix XI. Evaluation Forms – page 4 1 2

3