TEACHERS EMPLOYMENT AGREEMENT

Table of Contents

Page PREAMBLE ................................. 1

ARTICLE I: DEFINITIONS.............................. 1 Section A General Definitions....................... 1

ARTICLE II: GENERAL.................................... 3 Section A Recognition................................... 3 Section B Management Rights ...................... 3 Section C Savings Clause.............................. 3 Section D Nondiscrimination ........................ 4 Section E Closure Clause .............................. 4 Section F Waiver Clause............................... 4 Section G New Bargaining Unit Members .... 5

ARTICLE III: PROFESSIONAL YEAR ............. 5 Section A Professional Year for Teachers ..... 5 Section B School Calendar............................ 7

ARTICLE IV: PROFESSIONAL DAY................ 7 Section A Elements of the Day, All Teachers.......................... 7 Section B Elements of the Day, Classroom Teachers .............. 9 Section C Elements of the Day, All Teachers Except Classroom Teachers .............. 10 Section D Extra Duties .................................. 11 Section E Time Schedules............................. 11 Section F Supervision of Student Teachers... 12 Section G Appeal........................................... 12

ARTICLE V: TEACHER COMPENSATION.... 12 Section A Definition and Placement.............. 12 Section B Salary Schedule ............................ 17 Section C Method of Payment....................... 18 Section D Supplemental Salary ..................... 19 Section E Overload Teaching........................ 22 Section F Contract Addendum...................... 23 Section G Health Occupations....................... 23 Section H Pay for Staffings ........................... 23 Section I Pay for Temporary Substituting ................................... 24 Section J Longevity Pay............................... 25 Section K Payroll Deductions........................ 25 Section L National Board Certification......... 26 Section M Relocation..................................... 26

ARTICLE VI: CLASS SIZE REVIEW PROCEDURE............................... 26 Section A Procedure ...................................... 26

ARTICLE VII: TEACHER PROTECTION .......... 27 Section A Working Conditions...................... 27 Section B Disciplinary Actions ..................... 27 Section C Disciplinary Meetings or Hearings................................ 28 Section D Solicitation.................................... 29 Section E Legal Action ................................. 29 Section F Compliance ................................... 29 Section G Property Damage .......................... 29

ARTICLE VIII: PUPIL CONTROL ....................... 30 Section A Classroom ..................................... 30 Section B Suspension, Expulsion .................. 31 Section C Physical Force............................... 31 Section D Right to Grieve P5112 .................. 31

ARTICLE IX: TEACHER BENEFITS ................ 32 Section A Personal Injury Benefits................ 32 Section B State Retirement Participation ...... 32 Section C Short Term Disability Benefits ..... 32 Section D General Liability Coverage........... 33 Section E Life Coverage ............................... 33 Section F Health Coverage ........................... 34 Section G Severance Payment ....................... 35 Section H Tax-Sheltered Plans ...................... 35 Section I Mileage Allowance ....................... 35 Section J Early Retirement........................... 36 Section K Flexible Spending Acct Plan......... 36 Section L General.......................................... 36 Section M Catastrophic Emergency Benefit Plan .......................... 36

ARTICLE X: LEAVES....................................... 38 Section A Temporary Leave.......................... 38 Section B Extended Leaves........................... 42 Section C Sabbatical Leaves ......................... 45 Section D Family and Medical Leave ........... 47

ARTICLE XI: TEACHER USE OF FACILITIES 48 Section A Building ........................................ 48 Section B Equipment..................................... 48 Section C Announcements ............................ 48 Section D Procedures..................................... 48 Section E Posting Materials .......................... 49

ARTICLE XII: PROFESSIONAL RIGHTS AND RESPONSIBILITIES ................... 49 Section A General.......................................... 49 Section B Rights and Responsibilities........... 49 Section C Nondelegable Board Power .......... 51

ARTICLE XIII: ACADEMIC FREEDOM ............. 51 Section A Academic Freedom....................... 51 Section B Instructional Materials .................. 52 Section C Outside Speakers........................... 52 Section D Professional Review ..................... 52 Section E Nondelegable Board Power .......... 53

ARTICLE XIV: TEACHER FILES ........................ 53 Section A Teacher Files................................. 53

ARTICLE XV: STAFF QUALITY IMPROVEMENT SYSTEM......... 55 Section A General.......................................... 55 Section B System Highlights......................... 56 Section C Continuous Growth Plan............... 57 Section D Orientation Phase.......................... 60 Section E Plan of Assistance......................... 61 Section F Continuous Improvement.............. 62 Section G Peer Consultant Program .............. 63

ARTICLE XVI: SCHOOL BUILDING COMMITTEE............................... 64 Section A Purpose ......................................... 64 Section B Organization ................................. 64 Section C Bylaws .......................................... 65 Section D General Rules................................ 66 Section E Teacher Governance Model .......... 67

ARTICLE XVII: UTW RIGHTS.............................. 68 Section A Exclusive Rights ........................... 68 Section B Non-Exclusive Rights ................... 68

ARTICLE XVIII: REDUCTION AND RECALL ..... 70 Section A General.......................................... 70 Section B Selection ....................................... 70 Section C Notice............................................ 71 Section D Rights............................................ 71

ARTICLE XIX: GRIEVANCE PROCEDURE....... 73 Section A Purpose and Definitions................ 73 Section B Time Limitations .......................... 73 Section C Informal Level .............................. 73 Section D Level One ..................................... 73 Section E Level Two..................................... 75 Section F Level Three................................... 75 Section G Rights of Representation............... 77 Section H General Provisions........................ 77

ARTICLE XX: PRINTING AND DISTRIBUTION.79

APPENDIX A: CALENDAR, 2006-07 ................. 80

The Wichita Public Schools does not discriminate on the basis of race, color, national origin, sex, handicap/disability, age or religion. Persons having inquiries may contact the ADA and Section 504 coordinator, 201 N. Water, Wichita, KS 67202, 973-4420.

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PREAMBLE

This master agreement sets forth herein terms andconditions of professional service for all employeesemployed by Unified School District 259 who areincluded in the bargaining unit as defined in the GeneralArticle of this agreement and shall remain in full forceand effect beginning August 1, 2006, and ending July 31,2007. Article IX, Teacher Benefits, may be reopened atany time during the contract year to negotiate Boardcontribution of premiums only in the event that thehealth fund reserves fall below eight and one-half (8.5)million dollars.

ARTICLE I: DEFINITIONS

Section A: General Definitions

1. School District or School System: UnifiedSchool District 259, Sedgwick County, Kansas.

2. Board: Board of Education of Unified SchoolDistrict 259, Sedgwick County, Kansas.

3. Superintendent: Superintendent of Schools ofUnified School District 259, Sedgwick County,Kansas

4. UTW: United Teachers of Wichita.

5. Teacher: Any employee who is a member ofthe bargaining unit as defined in the GeneralArticle of this agreement.

6. Classroom Teacher: A teacher whose majorprofessional responsibility is the instructionof pupils and with whom pupils are based forpupil accounting purposes.

7. Immediate Supervisor: The immediatesupervisor of a teacher is the building baseprincipal unless otherwise designated by theteacher’s job description. In case of a grievance,the immediate supervisor shall be the affectedadministrator.

8. School Building Committee: The committeeformed at each school attendance center as setforth in the School Building Committee Article.

9. Professional Day: The period set forth in theProfessional Day Article.

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10. Base Contract: The teacher’s basic contract forassigned services and for a designated numberof contract days, and which contract incorpo-rates the terms of this agreement.

11. Contract Addendum: A teacher’s contract(s)for assigned services for contract days in anassignment which is an extension of the dutiesassigned under the teacher’s base contract.

12. Supplemental Contract: A teacher’s contract(s)for assigned and accepted services during hoursthat are in addition to those paid for in theteacher’s base contract or in contractaddendum(s).

13. School in Session or School Day: Those hoursduring which students are regularly requiredto attend classes.

14. Contract Year: That fiscal year during which acomplete set of contract days are normallyworked, usually falling between August 1 andJuly 31.

15. School Year: That period of time when schoolis in session as set forth in the school calendaradopted by the Board.

16. Professional Year: The number of contractdays annually for which a teacher is paid andtheir placement on the school calendar.

17. Contract Days: Those days during a professionalyear on which assignments can be made forwhich a teacher is paid to work.

18. Daily Rate: One, divided by the number ofdays in the teacher’s annual base contract,times his/her base salary.

19. Nonteaching Professional Days: Those contractdays for assigned services during which schoolis not in session.

20. Nonworking Days: Those days, Mondaythrough Friday, interspersed between the firstand last contract days of the contract year onwhich the teacher is not required to be on duty.

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21. Administrator: Any person employed by theBoard in an administrative capacity who isfulfilling duties for which an administrator’scertificate is required.

22. Speech Language Pathologist: A trainedprofessional who evaluates and treats studentswith communication disabilities. The speech-language pathologist is licensed by the State ofKansas, Department of Health andEnvironment and holds a certificate from theKansas State Board of Education.

ARTICLE II: GENERAL

Section A: Recognition

Paragraph 1: The Board of Education recognizes theUnited Teachers of Wichita for the purposes ofprofessional negotiations under K.S.A. 72-5413,et. seq. as the exclusive representative for theteachers unit of the professional employees.

Paragraph 2: The bargaining unit shall be defined asthose contract employees of the Board of Educationin positions which require a certificate/licenseissued by the state Board of Education or employedin a professional, educational or instructionalcapacity by the Board of Education, includingnurses, social workers and High School JuniorReserve Officer Training Corp Instructors (JROTC),but shall not mean any such person who is anadministrative employee or administrativeintern.

Paragraph 3: The Board and the UTW acknowledge thatthe agreement herein set forth has been adoptedfollowing a good faith effort by both parties toreach agreement between representatives of theUTW and the Board as provided in K.S.A. 72-5413et. seq.

Section B: Management Rights

Paragraph 1: The UTW acknowledges that the Board andthe Superintendent have certain exclusivestatutory rights and responsibilities.

Section C: Savings Clause

Paragraph 1: Any paragraph of this agreement or anyaction pursuant thereof which is contrary to law

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shall be null and void, but the remainder of theagreement or contract shall remain in full forceand effect.

Paragraph 2: Any previously adopted policies, practices,procedures, customs, rules, regulations or writingsof the Board which are in conflict with thisagreement shall be superseded by the terms setforth herein. The Board shall not amend thisagreement, nor make nor execute decisions orpolicies which violate this agreement.

Section D: Nondiscrimination

Paragraph 1: In all hiring and assigning of employeesand in all compensation, benefits, and other termsand conditions of employment, the school districtshall comply with all applicable federal and statelaws with regard to nondiscrimination on accountof race, color, religion, sex, age, handicap, nationalorigin or ancestry. Insofar as is reasonablypossible, the Superintendent shall strive tomaintain an equitable balance in each category ofemployment with regard to race, age, and sex.

Section E: Closure Clause

Paragraph 1: Both the Board and the UTW acknowledgethat all mandatory subjects of negotiations whicheither party proposed to negotiate have beennegotiated and neither party has any right tonegotiate further on these or any other subjectsduring the term of this agreement except bymutual consent.

Paragraph 2: This agreement may be amended at anytime by mutual consent. However, no amend-ment to this agreement shall be binding unlessexecuted in writing and ratified by both the Boardand the UTW

Section F: Waiver Clause

Paragraph 1: The UTW recognizes that it has the rightto negotiate any and all terms and conditions ofprofessional services as set forth in K.S.A. 72-5413(1) and judicial interpretations thereof. Regardlessof that right, the UTW hereby waives its right tonegotiate any such term or condition which hasnot been noticed, negotiated, agreed, set forthherein, and ratified by both parties. The UTW

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expressly agrees that the Board and administrationhave the exclusive right to control and changesuch terms and conditions which have not beennegotiated by policy, rule, procedure, regulation,or decision during the term of this agreement.

Section G: New Bargaining Unit Members

Paragraph 1: Upon reemployment in or transfer to theteachers bargaining unit, teachers will be subjectto decisions by the Human Resources Divisionconcerning temporary leave, longevity payments,and other terms and conditions of employment.Such decisions shall be based on relevantprovisions of applicable policies, procedures, andemployment agreements in addition to the pastpractices of the district, maintenance of equityamong employees, and the intent of the applicablelanguage involved.

ARTICLE III: PROFESSIONAL YEAR

Section A: Professional Year for Teachers

Paragraph 1: Contract Days(a) The base contract days for teachers for each contract

year, exclusive of those in supplemental or contractaddendums, shall be 190 days, consisting ofteaching and non-teaching professional days asdetermined by the Board. The base contract forHigh School Junior Reserve Officer Training Corp(JROTC) instructors shall be for twelve (12) monthsa year. High School JROTC instructors shallobserve as nonworking days the days on thecalendar as set forth in Appendix A that areidentified as holidays and recess days. Additionalnonworking days, to a maximum of 20 days, shallbe arranged with and approved by the baseprincipal and shall normally be scheduled outsidethe school year. High School JROTC instructorsshall be entitled to such additional nonworkingdays commencing August 1 the second year oftheir employment. If a High School JROTCinstructor starts work after August 1 of a year, thencommencing the upcoming August 1, the instructorshall be entitled to a prorated number ofnonworking days based on the time periodworked. Those nonworking days not used byAugust 1 of each year shall be lost as of eachAugust 1. The Superintendent and the UTWPresident will review all requests submitted toextend the school year prior to April 1 of each year.

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Their joint recommendation shall be subject toBoard approval. All requests must be firstsupported by 80 percent of the affected staff asdetermined by a secret ballot election conductedby the UTW. Staff who do not support the extendedyear concept shall have the right to transfer. Suchcontract days shall be scheduled on weekdays,Monday through Friday, between the first andlast workday of each contract year. In the eventthat schools are closed for one or two days due toinclement weather, the number of base contractdays shall be reduced by such one or two days.

Paragraph 2: New Teacher OrientationPrior to the teachers report day, the administrationmay schedule up to three (3) days for the purposeof orienting newly employed teachers. Such daysshall be used for staff development, diversitytraining and other orientation activities designedby the administration. One of the days will havea general session for all new teachers which willinclude presentations by the Superintendent ordesignee, Board President or designee, and theUTW President or designee, along with any otherpresentations deemed necessary by the district.At least one hour will be given to UTW during theother two days for UTW to present items ofmutual interest. UTW shall also be given theopportunity to present items of mutual intereston one day to extended school year teachers thatdo not participate in the regular new teacherorientation. New teacher orientation for extendedyear teachers may be shortened to two days bymutual agreement between the Administrationand UTW. UTW shall participate with theadministration as to preparing and designing thenew teacher orientation program. Any teacherwho is required to attend shall receive his/herdaily rate for attendance on the General Sessionday and shall receive $13.50 per hour for attendanceon the other two days. Payment shall be paidwithin thirty (30) days of the second day oforientation unless Labor Day falls within thatperiod, in which case payment shall be made thefirst working day after Labor Day or thirty (30)calendar days after the second orientation day,whichever comes last. Partial days shall beprorated. Compensation shall be paid inaccordance with regular payroll procedures.Teachers shall select a fringe benefit option. Theteacher shall have up to three succeeding days(Monday-Friday) to change the selection.

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Paragraph 3: Workshop Inservice Training DayDuring each contract year, attendance centersshall be guaranteed at least one day betweenOctober 1 and March 15 on any Monday throughFriday for the purpose of a workshop or inservicetraining. The Superintendent shall schedule thetime to be taken.

Paragraph 4: Each teacher shall have one and one-halfuninterrupted days in his/her classroom duringthe pre-school teacher report days. In order toaccommodate other building/district inservicerequirements, it may be necessary to divide thesedays into three one-half (1/2) day segments.

Paragraph 5: Teachers shall be provided one full day ofuninterrupted time at the end of each gradingperiod.

Section B: School Calendar

Paragraph 1: The school calendar adopted by the Boardis set forth herein as Appendix A.

ARTICLE IV: PROFESSIONAL DAY

Section A: Elements of the Day, All Teachers

Paragraph 1: The ending time of the school day in eachbuilding shall be seven (7) hours and ten (10)minutes after the beginning time. TheSuperintendent and the UTW President willreview all requests submitted to extend the schoolday prior to April 1 of each year. Their jointrecommendation shall be subject to Boardapproval. All requests must be first supported by80 percent of the affected staff as determined bya secret ballot election conducted by the UTW.Staff who do not support the extended day conceptshall have the right to transfer. Teachers shall bepresent during those hours when they have anassigned responsibility. Teachers must notify thebuilding principal or designee when they will beout of the building while school is in session.

Paragraph 2: The teacher work day will be increased byforty (40) minutes one day per week forProfessional Learning Communities. AProfessional Learning Community (PLC) is aframework or structure that allows a school tofunction as a learning organization in regard to

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the collaborative application of the District'selements of curriculum, instruction, andassessment. Each building's PLC time shall takeplace the same day each week throughout theschool year as determined by the Administration.

Paragraph 3: Teachers shall attend individualconferences with administrators at reasonabletimes but in no case later than the teacher's nextconference/preparation period.

Paragraph 4: Teachers shall attend necessary staffmeetings at the direction of the base schoolprincipal or district office programadministrators. Normally, teachers shall be givenat least 48 hour notice of such meetings. Normally,not more than one (1) total building staff meetingshall be held per calendar month and teachersshall not be required to attend longer than 60minutes per meeting.

Paragraph 5: Teachers shall attend pupil and parentconferences when necessary including reasonablerequests from a pupil or parent.

Paragraph 6: Teachers shall be present in and around thebuilding for a minimum of ten (10) minutesbefore and after the school day. This time shall beused for the purpose of preparations, conferences,and supervision of pupils as directed by theprincipal but will not be considered part of ateacher's conference/preparation time.

Paragraph 7: Teachers shall make complete and adequatepreparation to fulfill their responsibility to pupils.

Paragraph 8: Teachers shall accomplish necessaryadministrative work directly related to theirassignments.

Paragraph 9: Teachers may be required to collect andtransmit money. Teachers shall exercise reasonablecare to assure that money collected will not belost. Reasonable effort will be made to keepmoney collection by teachers to a minimum andto expedite the collection process. Each teacherwho collects monies shall be provided building anddistrict policies concerning the collection of money.

Paragraph 10: Teachers shall not be required to transportpupils to or from activities which take place awayfrom the school building except where such

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transportation would be a normal responsibilityof a particular position and/or condition ofemployment under a supplemental contract.However, a teacher may do so voluntarily withthe advance approval of the building principal.

Paragraph 11: On nonteaching professional days,teachers shall be present for seven and one-half(7–1/2) hours including the lunch period. Anauthorized administrator may reduce such timerequirement.

Paragraph 12: Teachers shall attend up to three (3)evening activities designated as mandatory bythe base school principal. Open House will be oneof the mandatory evening meetings. Theremaining two evening meetings shall bescheduled with prior written notice. Suchmeetings shall be of useful purpose and teachersshall not be required to attend longer than two (2)hours per meeting. Additional mandatoryevening activities may be designated upon amajority affirmative vote conducted by secretballot of the teachers.

Paragraph 13: All teachers shall be guaranteed at leastone 40-minute, duty-free lunch period per day.

Paragraph 14: Instructional/Curriculum support willbe made available to teachers who have studentsmainstreamed into their classes.

Section B: Elements of the Day,Classroom Teachers

Paragraph 1: Each full-time classroom teacher andspecial education teacher shall have a schedulewhich normally provides at least 220 minutes perfive day week for conferences and preparations.In grades one through five and full-timekindergartens, this time shall occur in not lessthan 30 minute periods. In half-day kindergartensand pre-kindergartens, this time shall occur in notless than 20 minute periods.

Paragraph 2: The teacher shall make his/her lessonplans and any other material which the teacher isusing available to the principal upon request.Lesson plans shall be based upon standards butare required only in sufficient detail to provideguidance to the teacher.

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Paragraph 3: When any class assigned to the teacherdoes not meet for any reason, the teacher may beassigned other professional duties during theclasstime.

Paragraph 4: When a teacher is absent, the teacher shallhave available for the substitute lesson plans insufficient detail to provide adequate guidance tothe substitute, class lists, and seating charts whereappropriate. In the event an absence exceeds three(3) days, the teacher shall make the grade bookavailable to the substitute upon request.

Section C: Elements of the Day, All Teachers ExceptClassroom Teachers

Paragraph 1: The base school principal shall determinethe teacher's daily time schedule after givingconsideration to any schedule which the teachermay have suggested and to the teacher's need forconference/preparation time. Teachers shall alsobe present during those additional hours requiredto perform their particular assignments. Teacherswho in one day serve multiple buildings withdifferent starting times shall not be required tohave a permanent schedule which would exceedthe normal workday for non-classroom teachers.

Paragraph 2: Teachers shall attend evening activitiesrelated to their particular assignments asdesignated by the base school principal.

Paragraph 3: Each full-time elementary music teacher,elementary physical education teacher, elemen-tary library media specialist, and elementary artteacher shall have a schedule which normallyprovides approximately 220 minutes per five dayweek for conferences and preparations. This timeshall occur in not less than 20 minute periods.

Paragraph 4: Library media specialists will not berequired to supervise study halls while carryingout their regular assignments as library mediaspecialists.

Paragraph 5: Except for an emergency situation orimplementation of the building emergency plan,teachers for which a personnel shortage requiresa portion of those services to be contracted out,shall not be required to serve as a temporary

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substitute or to supervise students during lunch,recess, passing periods, assemblies, study hall orbefore or after school.

Paragraph 6: With permission of the principal, theschool nurse shall be afforded up to forty (40)minutes per week for the nurse to completerequired medical documentation.

Section D: Extra Duties

Paragraph 1: While participation in extra activitiesincluding inservice and committee activitiesbeyond the professional day may be encouragedby the Board or administration, the same will bevoluntary in nature unless required by theresponsibilities as set forth in Sections A, B, or Cabove, or unless required by the SupplementalSalary Section of the Teacher CompensationArticle.

Paragraph 2: Regular duties assigned in addition to theresponsibilities set forth should be compensatedand set forth in a Supplemental Salary Schedule,and once compensation is so set, accepted andadded to a Supplemental Salary Schedule as setforth in the Teacher Compensation Article, suchduties shall be fully performed in a professionalmanner.

Section E: Time Schedules

Paragraph 1: Teachers shall work in accordance withestablished time schedules. Such schedules shallinclude the lunch time(s) and, in some buildings,the number of and times for teaching periods.

Paragraph 2: Permanent changes in a school’s normaltime schedule may be proposed by the principalor the School Building Committee. Under normalcircumstances, changes should be proposed nolater than April 1 for the following school year.Such proposed changes shall be submitted to theSchool Building Committee which shall beresponsible for determining the degree ofacceptance by teachers who would be affected.The findings of the committee shall be reportedto the principal in a timely manner. The principalshall give consideration to such findings prior tomaking his/her decision and the School BuildingCommittee shall be notified in writing of thatdecision. If the School Building Committee doesnot give written notice of its disagreement with

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the principal’s decision within five (5) contractdays, the principal’s decision shall beimplemented.

Paragraph 3: If the School Building Committee notifiesthe principal within five (5) contract days of itsdisagreement with his/her decision, theelementary or secondary District ScheduleCommittee, each composed of three (3) membersappointed by the UTW and three (3) membersappointed by the Superintendent, shall meet andpermit the School Building Committee, theprincipal, and other interested parties anopportunity to be heard regarding the proposedschool changes. The District Schedule Committeeshall make a timely recommendation to theSuperintendent. The Superintendent shall giveconsideration to the recommendation of theDistrict Schedule Committee prior to makinghis/her decision. The Superintendent’s decisionshall be implemented.

Section F: Supervision of Student Teachers

Paragraph 1: Supervision of a student teacher shall bevoluntary. Teachers shall normally be notified ofa student teacher assigned at least two (2) weeksprior to the student teacher’s introduction to theclassroom. The school system shall provide thecooperating teacher with whatever materials itdeems appropriate. The cooperating teacher shallbe responsible for being knowledgeable of thecontents of any such materials provided.

Section G: Appeal

Paragraph 1: In the event an administrative decision ismade concerning the professional day, such deci-sion shall remain in effect pending determinationunder the grievance procedure.

ARTICLE V: TEACHER COMPENSATION

Section A: Definition and Placement

Paragraph 1: Each teacher employed by the Board shallbe compensated for the professional services whichhe/she renders during the professional days forthe term of a contract year. This compensationshall be termed salary and the amount of suchsalary each teacher receives for a contract yearshall be determined by his/her placement on the

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Teachers Salary Schedule (Section B, Paragraph 1,of this Article).

(a) A fractional part of a year’s service shall be paidon the basis that the number of contract daysworked bears to the total number of contract daysin the contract year.

(b) The base contract salary shall be prorated for anyteacher who teaches less than full time.

Paragraph 2: The final judgment concerning theplacement of any teacher on the salary scheduleshall be determined by the Human ResourcesDivision. Such judgments are not to be inconsistentwith this Section.

Paragraph 3: General Provisions

(a) Each teacher shall be eligible for and shall receivethe highest salary to which his/her academicpreparation and experience entitle him/her. Allsalary placements are subject to verification ofexperience and training and shall be adjusted inany direction for each school year to the level forwhich the teacher proves his/her entitlement onor before September 15 of each year. Experiencedteachers beginning their employment afterSeptember 15 of a school year shall be placed onthe track and step for which they qualified as ofSeptember 15 of that school year. Inexperiencedteachers beginning their employment afterSeptember 15 of a school year shall be placed onStep 2 of the B.A. Track or on Step 2 of the track forwhich they qualified as of September 15 of thatschool year, whichever is higher. Teachersemployed full time for one full semester of aschool year shall be given credit for one year ofexperience; however, one full semester of full-time teaching experience obtained in each of twodifferent years or school systems shall becombined and counted as one year of experiencewith adjustment in step placement madeaccordingly.

(b) Subject to (a) above, the teacher qualifies for one(1) higher step for each full year of teachingexperience under a contract with Unified SchoolDistrict 259, and for each year of extended orsabbatical leave when such leave is expressly tobe so counted in the Leaves Article. However, anyteacher who completes the previous school year

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on a Plan of Assistance and continues on that planin the next school year will not qualify to advanceto a higher step. Notwithstanding any otherprovisions of this agreement, upon successfulcompletion of a Plan of Assistance, the teachershall immediately move to the next step. Thisphrase “full year” as used in this subparagraphshall mean being under a base contract for 170 ormore days within one contract year. No teacherwill move more than one step in any year.

(c) At the time of reemployment, a teacher who hasbeen employed previously as a teacher under acontract with Unified School District 259 shall beplaced in accordance with the salary provisionsof the current Teachers Employment Agreement.However, no such teacher shall be placed on alower numbered step than he/she was on at thetime of the last day in base contract pay status ofthe most recent prior employment. Furthermore,if at that time the teacher was eligible for the nexthigher step in the subsequent contract year, theteacher shall be placed on that next higher step onthe appropriate track at the time of employment.This step placement shall be adjusted as necessaryto account for changes in salary placementprocedures which may have occurred in theinterim.

(d) Any former teacher who is reemployed withintwelve (12) months of the date of terminationwill have his/her temporary leave days thatwere accrued at the time of separation reinstatedfor up to a maximum of five (5) years for tempo-rary leave that was accrued after March 31, 1999unless severance compensation has been paid forsuch leave.

Paragraph 4: Placement on Teachers Salary Schedule

(a) TrackOn the Teachers Salary Schedule (Section B,Paragraph 1, of this Article) each track (verticalcolumn) represents an earned degree from anaccredited institution of higher learning oradditional earned graduate credit semester hoursnot already counted in an earned degree. Creditfor salary purposes shall be given for only thosegraduate degrees and/or graduate hours asrecognized and supervised by the graduate schoolof an accredited institution, unless otherwiseexpressly provided by this Section. Such

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institutions must have been accredited at the timethe degree and/or hours were earned. Theaccreditation agency must be an agency approvedby the Human Resources Division. To be eligiblefor a degree track, the teacher must have earnedthe degree that track specifies. His/her placementon an intermediate track higher than the degreetrack to which he/she is entitled is contingentupon his/her having earned the additional numberof graduate semester hours which that trackspecifies for their equivalent in quarter hours orthird hours. Such additional graduate hours mayhave been earned prior to the date of the teacher’slatest degree, but must not have been used tosatisfy degree hour requirements.

b) StepAt the time of employment, each teacher shall beplaced on the highest numbered step for whichhe/she qualifies. Credit will be given for teachingexperience obtained in an accredited schoolsystem. Other relevant teaching experience mayresult in higher initial step placement asdetermined by the Assistant Superintendent ofHuman Resources.

(c) Social WorkersAt the time of employment and subject to (b)above, full credit for specialized social work in aschool program shall be given. Full credit forclinical social work experience may be given,subject to approval by the Human ResourcesDivision. For purposes of advancing to a highertrack, graduate work undertaken must beapproved by the appropriate supervisor and theHuman Resources Division. Such approval willnot be withheld arbitrarily. Credit for a mastersdegree shall be given only in the field of socialwork.

(d) Health ServicesAt the time of employment and subject to (b)above, full credit for registered professionalnursing experience in a school program shall begiven. Full credit for registered professionalnursing experience may be given, subject toapproval by the Human Resources Division. Non-degree nurses shall be placed on the B.A. Track ofthe Teachers Salary Schedule and shall beineligible for movement to any other track.

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(e) School PsychologistsAt the time of employment and subject to (b)above, full credit for specialized work as apsychologist in a school program shall be given.Full credit for other clinical experience may begiven, subject to approval by the Human ResourcesDivision.

(f) Speech-Language PathologistsAt the time of employment and subject to (b)above, full credit for speech-language services ina school program shall be given. Full credit forclinical experience as a speech-languagepathologist may be given, subject to approval bythe Human Resources Division.

(g) Sixty Hour Master DegreesTeachers who earn master degrees which requireda minimum of sixty (60) graduate semester hours(or their equivalent in quarter hours or thirdhours) in their area of assigned responsibilityshall qualify for placement on the MA + 30 Trackof the Teachers Salary Schedule.

(h) High School Junior Reserve Officer TrainingCorp Instructors (JROTC)

The salary for High School JROTC instructorsshall be the amount set forth in Section B of theTeacher Salary Schedule in accordance with thesalary provisions for other teachers multiplied by221 times the daily rate of pay or the amount setas the minimum pay for High School JROTCinstructors by the Federal government inaccordance with the Junior Reserve OfficerTraining Corp Act plus 3.545% of said amount,whichever amount is greater. High School JROTCinstructors without a degree shall be placed on theBA track of the Teacher Salary Schedule.

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Sectio

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Parag

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1: 2006-2007Ed. Sp. Ed. Sp.+ Ed. Sp.+

BA+ BA+ BA+ MA+ MA+ MA+ or MA+ 10 or MA+ 20 or MA+

BA 10 Gr. 20 Gr. 30 Gr. MA+ 10 Gr. 20 Gr. 30 Gr. 40 Gr. 50 Gr. 60 Gr. Earned

Step Degree Hours Hours Hours Degree Hours Hours Hours Hours Hours Hours Doctorate

2 35,507 35,992 36,477 36,962 37,720 38,205 38,690 39,175 39,660 40,145 40,630 41,115

3 36,360 36,845 37,330 37,815 38,847 39,332 39,817 40,302 40,787 41,272 41,757 42,242

4 37,213 37,698 38,183 38,668 39,974 40,459 40,944 41,429 41,914 42,399 42,884 43,369

5 38,067 38,552 39,036 39,521 41,101 41,586 42,071 42,556 43,041 43,526 44,011 44,496

6 38,920 39,405 39,890 40,374 42,228 42,713 43,198 43,683 44,168 44,653 45,138 45,622

7 39,773 40,258 40,743 41,228 43,355 43,840 44,325 44,810 45,295 45,780 46,265 46,749

8 40,626 41,111 41,596 42,081 44,482 44,967 45,452 45,937 46,422 46,907 47,391 47,876

9 41,479 41,964 42,449 42,934 45,609 46,094 46,579 47,064 47,549 48,033 48,518 49,003

10 42,817 43,302 43,787 46,736 47,221 47,706 48,191 48,676 49,160 49,645 50,130

11 44,156 44,640 47,863 48,348 48,833 49,318 49,802 50,287 50,772 51,257

12 45,494 48,990 49,475 49,960 50,444 50,929 51,414 51,899 52,384

13 50,117 50,602 51,087 51,571 52,056 52,541 53,026 53,511

14 52,213 52,698 53,183 53,668 54,153 54,638

15+ 54,310 54,795 55,280 55,765

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Section C: Method of Payment

Paragraph 1: For each contract year, except as otherwiseprovided by this agreement or law, the Boardshall pay the base contract amount in not less thantwelve (12) substantially equal installments paidat least once each month commencing inSeptember of each school year.

Paragraph 2: So long as the law requires andnotwithstanding the provisions of Paragraph 1 ofthis Section, any teacher to whom the continuingcontract law applies, after completion of all his/her contractual obligations, shall be paid no laterthan the last working day in June, the balance ofhis/her contractual compensation in one paymentupon his/her request therefor. Said request shallbe in writing and filed with the Business/FinancialServices Division no later than April 1 of theschool year in and for which the request is firstmade. Such request shall remain in effect untilrevoked in writing by the teacher.

Paragraph 3: Teachers who are newly hired (hired on orbefore the second day of new teacher orientation)for the upcoming school year shall have theoption to receive an advance payment of OneThousand Five Hundred Dollars ($1,500) subjectto the following:

(a) The request for the advance payment must besubmitted to the Human Resources Departmentno later than the second day of new teacherorientation.

(b) The advance payment shall be paid within thirty(30) days of the second day of orientation unlessLabor day falls within that period, in which casepayment shall be made the first working day afterLabor Day or thirty (30) calendar days after thesecond orientation day, whichever comes last.

(c) The remaining base contract pay after thededuction of the $1,500.00 advance payment shallbe paid in not less than twelve (12) equalinstallments, at least one (1) each month,commencing in September of the school year.

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Section D: Supplemental Salary

Paragraph 1: The term “supplemental salary” shallrefer to payment for the assigned, accepted, andperformed services under a supplemental contractas set forth in Paragraphs 3 through 10 of thisSection.

Paragraph 2: All assignments for which supplementalsalaries are paid are for a single year withsubsequent reassignments made on the basis ofrecommendation of the building administratoror appropriate supervisor.

Paragraph 3: Beginning with the 2006-07 school year,any supplemental entitled "Special Activity" willbe eliminated.The Board reserves the right tocreate supplementals that are not listed inParagraphs 4 and 10 of this Section. The Board, onor about each November 1, at the request of theUTW President, shall provide the UTW Presidentwith a list of the supplemental positions thatwere created after November 1 of the precedingyear that contains the information required inParagraph 13 for each supplemental position.Any supplemental position that ten (10) or moreteachers are performing shall, at the request ofUTW made on or before February 1, be added tothe supplemental salary schedule. UTW shallalso have the right to negotiate in an upcomingnegotiation session the supplemental salary ofany supplemental position that is not listed inParagraphs 4 through 10 of this Section by givingnotice of such intention on or before February 1.

Paragraph 4: Supplemental Salary Schedule06-07

Level A: (.035) $1,243All City Music LeaderArea Music Leader - ElementaryBefore School SupervisorClass Head Sponsor - HighElementary Chair, 4 or more - ElementaryExploratory Team Leader - MiddleExtended School Year TeamExtracurricular Club CoordinatorFuture Educators Club SponsorGrade Level LeaderIntervention TutorIntramural Activities Sponsor - MiddleLead Teacher - SecondarySchool Improvement TeamShared Inquiry CoachSpirit Club Head Sponsor - Middle

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06-07Level B: (.055) $1,953

Academic Core Team Leader, 3-4 - MiddleAcademy LeaderAYP Language Arts/Math ContactBus MonitorInstrumental Music Activities Leader - MiddleIntervention TutorNational Academic League SponsorPep Club Head Sponsor - HighSafety Patrol Sponsor - ElementarySchool Improvement LeaderStudent Council Head Sponsor - MiddleVocal Music Activities Leader - MiddleYearbook Head Sponsor - Middle

Level C: (.075) $2,663Academic Bowl Sponsor - HighAcademic Core Team Leader, 5 and above-

MiddleCheerleader Head Sponsor - HighDetention Room Monitor - Middle or HighForensic Coach - HighNewspaper Head Sponsor - HighPeer Consultant, Governing Board MemberPompon Head Sponsor - HighSchool To Work Academy Leader - HighSocial Worker Leader, 3 and aboveStudent Council Head Sponsor - HighTeacher-in-Charge - Elementary

Level D: (.095) $3,373Activity Bus MonitorDebate Coach - HighDrama Activities Leader - HighSite Technology SpecialistYearbook Head Sponsor - High

Level E: (.115) $4,083Department Chair, 3-6 - HighHead Counselor - HighHead Library Media Specialist - HighInservice PresenterLunchroom/Cafeteria MonitorSite Technology SpecialistTicket Specialist - HighVocal Music Activities Leader - High

Level F: (.135) $4,793Instrumental Music Activities Leader - HighJunior Reserve Officer Training Corp Instructor

(JROTC Commissioned) - High

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Level G: (.155) $5,504Department Chair, 7-8 - HighJunior Reserve Officer Training Corp Instructor

(JROTC Warrant Officer andNon-commissioned) - High

Level H: (.175) $6,214

Level I: (.195) $6,924Department Chair, 9-17 - High

Level J: (.215) $7,634Department Chair, 18 and above - HighPeer Consultant, Teacher

Paragraph 5: The index figures specified in theSupplemental Salary Schedule in Paragraph 4shall be based on Step 2, Bachelor Track of theTeachers Salary Schedule. The dollar amounts foreach supplemental salary in Paragraph 10 shallchange the same percent as the percentage changein Step 2, Bachelor Track of the Teachers SalarySchedule.

Paragraph 6: At the discretion of the administration,departments may be formed and a departmentchair appointed. To determine the number ofteachers in a department, the number of sectionstaught in that department shall be divided by oneless than the number of teaching periods taughtat the particular school. Any remaining majorfraction of a teacher shall be counted as one. Theservice of teachers in study hall or other non-instructional duties shall not be counted as asection in determining the number of teachers ina department.

Paragraph 7: Department Chair TimeWith approval of the building principal, adepartment chair may be provided with asubstitute teacher to release the department chairfrom teaching responsibility in order that thedepartment chair may fulfill responsibilities nototherwise possible.

Paragraph 8: Supplemental assignments shall be on avoluntary basis with no teacher being required toaccept any such assignment.

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Paragraph 9: Female coaches, otherwise qualified, shallbe eligible to coach boys’ sports; and male coaches,otherwise qualified, shall be eligible to coachgirls’ sports.

Paragraph 10: Supplemental Salary Schedule forCoaches and Athletic Leaders

06-07Senior High Activity HeadBaseball $ 3,456Basketball 5,901Bowling 2,159Cross Country 2,758Football 5,901Golf 2,381Gymnastics 3,836Soccer 3,456Softball 3,456Swimming 3,618Tennis 2,463Track 4,560Volleyball 3,250Wrestling 4,262

Middle School ActivityBasketball 2,939Cross Country 1,483Track 2,586Volleyball 2,113

Athletic Leaders 8,309

Paragraph 11: The supplemental salary amount for anassistant coach shall be 60 percent of the supple-mental salary amount specified by Paragraph 10above for the corresponding head coach.

Paragraph 12: The supplemental salary amountsspecified by Paragraphs 4 and 10 above shall beprorated for any teacher who performs less thanthe full supplemental assignment.

Paragraph 13: Upon request, the Human ResourcesDivision will provide copies of Supplementalreports to the UTW President. The reports willinclude the teacher receiving the supplemental, adescriptive title of the supplemental, the site, andthe level of the supplemental.

Section E: Overload Teaching

Paragraph 1: Overload teaching is that teachingconducted by a full-time classroom teacherteaching daily in a vacant position during his/herplanning period.

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Paragraph 2: The acceptance of an overload assignmentshall be voluntary. The Board shall not use over-load teaching assignments as a means of avoidingthe employment of additional full-time teacherswhen such need is indicated.

Paragraph 3: When a teacher accepts an overloadassignment, he/she shall receive additionalcompensation for the length of that assignment.Such additional compensation shall be equal tothe teacher’s daily rate of pay divided by one lessthan the number of teaching periods in a typicalschool day at the particular school. Under nocircumstances shall a teacher be assigned to morethan one (1) overload class.

Section F: Contract Addendum

Paragraph 1: A contract addendum shall be issued to ateacher who is employed for contract days whichare an extension of the duties and the periodcovered by the teacher’s base contract.

Paragraph 2: A contract addendum shall provide forcompensating the teacher an amount equal tohis/her daily rate for each full day. Partial daysshall be compensated by a prorated amount.

Paragraph 3: Teachers may be offered contractaddendums. Such addendums will be offered atthe discretion of and for the period of timedetermined by the administration. An attemptshall be made to reach mutual agreement betweenthe teacher and the administration on the specificdates to be worked under the contract addendum.Acceptance of a contract addendum is voluntary.

Section G: Health Occupations

Paragraph 1: For certificated teachers assigned to healthoccupations programs, the total work day in theprograms shall be considered equivalent to theprofessional day of the regular school programsand the teachers paid accordingly.

Section H: Pay for Staffings

Paragraph 1: Attendance and participation by theappropriate teachers for special education staffingsare expected as part of the professional day andnormally are compensated by the base contractsalary.

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Paragraph 2: When a classroom teacher is required toattend more than three (3) staffings and/or childstudy team meetings held before or after theschool day during the same semester, thatclassroom teacher shall be paid at the rate of$10.00 per hour or major fraction thereof for eachsuch staffing in excess of three (3).

Paragraph 3: Upon verification by the building principalthat a classroom teacher qualifies for suchpayment, the time will be reported and paymentshall be made in accordance with regular payrollprocedures.

Paragraph 4: This Section shall be applied to elementaryvocal music teachers and elementary physicaleducation teachers as if such teachers wereclassroom teachers.

Section I: Pay for Temporary Substituting

Paragraph 1: No teacher will be used as a temporarysubstitute teacher during his/her conference andpreparation period without his/her consent.Teachers exchanging classes by mutual consentand with the approval of the immediatesupervisor are not performing as temporarysubstitutes and no compensation will be required.

Paragraph 2: ElementaryAn elementary teacher who, at the request of theadministration, assumes teachingresponsibilities for five (5) or more pupilsregularly assigned at that time to another teacheris performing as a temporary substitute teacherand will be compensated at the rate of $20.00 perhour or major fraction thereof. Such compensationshall not exceed $40.00 per day.

Paragraph 3: SecondaryA secondary teacher who, during his/herconference and preparation time and at the requestof the administration, assumes teachingresponsibilities for a class of pupils regularlyassigned at that time to another classroom teacheris performing as a temporary substitute teacherand will be compensated at the rate of $25.00 perhour or major fraction thereof. Teachers in schoolswith block schedules shall receive $37.50 perperiod (one and one-half hours) or major fractionthereof. Such compensation shall not be paid formore than one such hour per day.

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Paragraph 4: Upon verification by the building principalthat a classroom teacher qualifies for suchpayment, the time will be reported and paymentshall be made in accordance with regular payrollprocedures.

Section J: Longevity Pay

Paragraph 1: Any teacher who has completed fourteen(14) years in the employ of the Board on or beforeAugust 1 of the current contract year and who isemployed by the Board on November 15 shall bepaid a longevity amount equal to the percentspecified below of his/her base contract salary asof September 1. Any teacher whose employmentterminates prior to November 15 of the currentcontract year shall receive no part of any suchpayment.

15-16 years 3%17-18 years 4%19-20 years 5%21-22 years 6%23-24 years 7%25-26 years 8%27-28 years 9%29-30 years 10%31-32 years 11%33 or more years 12%

Paragraph 2: All longevity payments shall be made inNovember in accordance with payroll proceduresand shall be subject to all applicable deductions.If desired by the teacher, all or part of the longevitypay will be directed to a tax-sheltered planconsistent with regulations established by theBusiness/Financial Services Division.

Section K: Payroll Deductions

Paragraph 1: The Board provides that, whenever dulyauthorized by any teacher on a form or formsappropriate for such purposes and consistent withregulations established by the Business/FinancialServices Division, payroll deductions shall bemade and paid over in accordance with such formor forms for any or all of the following purposes:

(a) Donations to the Friendship Fund(b) Payments to the Credit Union of America(c) Dues to the YMCA(d) Health Insurance Premiums(e) Dues to the UTW(f) Payments to Flexible Spending Accounts(g) Contributions to Tax Sheltered Plans

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Section L: National Board Certification

Paragraph 1: Teachers that have National Board forProfessional Teaching Standards Certificationshall receive a stipend of $2,250 per year.

Section M: Relocation

Paragraph 1: In the event of a location change due to abond-financed project, the administration shalldevelop a plan to facilitate the move and, in doingso, shall provide adequate time to teachers tomove supplies, equipment and belongings.

ARTICLE VI: CLASS SIZE REVIEW PROCEDURE

Section A: Procedure

Paragraph 1: The Board and the UTW recognize thedesirability of achieving optimum teaching/learning conditions. When a teacher believes thesize of his/her class to be educationally unsound,the teacher will confer with the building principalregarding the problem. The building principalshall have one week to effect an acceptablesolution.

Paragraph 2: If no acceptable solution has been effectedwithin one week, the teacher may refer the matterto the School Building Committee. The SchoolBuilding Committee may consider the matter orappoint a faculty committee to study and reporton the matter. Such committee shall confer withthe principal and study all facets of the matter andshall make a written report to the teacher and theprincipal on the merits of the problem and possiblesolutions.

Paragraph 3: If recommendations requiring action areincluded in the report, the principal shall respondto the committee within one week. Such responseshall set forth those proposed or alreadyimplemented steps designed to meet therecommendations of the committee. If any or allof the recommendations of the committee are notdeemed feasible, the response shall includereasons why those recommendations will not beimplemented.

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Paragraph 4: If the response of the principal is notacceptable or if no response is made within oneweek, the School Building Committee and theteacher concerned may submit the problem to theappropriate assistant superintendent or designee,documenting the conditions and makingrecommendations regarding possible solutions.

Paragraph 5: The assistant superintendent or designeeshall respond within two weeks in writing to theteacher with copies to the principal and SchoolBuilding Committee chairperson. The decision ofthe assistant superintendent or designee shall befinal and binding on the parties in the specific caseinvolved.

Paragraph 6: The inclusion of this Article in thisAgreement shall not be construed as the Boardhaving negotiated on the subject of class size.

ARTICLE VII: TEACHER PROTECTION

Section A: Working Conditions

Paragraph 1: The Board agrees to strive continually toprovide working conditions which meet federal,state, and local laws and regulations.

Section B: Disciplinary Actions

Paragraph 1: No teacher shall be disciplined withoutjust cause. However, no probationary teachermay grieve any nonrenewal of his/her contract.

Paragraph 2: Professional employees shall not bedisciplined or reprimanded in the presence ofstudents, parents, other employees or at publicgatherings.

Paragraph 3: Only the Superintendent or designee isauthorized to suspend a teacher without pay. Asuspension without pay for more than five (5)contract days may be made only after officialBoard action. The principal is authorized to suspenda teacher from a supplemental position for up tofive (5) contract days without pay. The UTWPresident shall be given a list of suspensionswithout pay, quarterly, denoting only whetherelementary, middle school, high school orpostsecondary. Upon request of the UTWPresident, a meeting shall be scheduled on a

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quarterly basis with the Superintendent, AssistantSuperintendent of Human Resources, the UTWPresident, and UTW Vice-President to review thenumber of cases of suspensions without pay.

Paragraph 4: No disciplinary action shall be takenagainst any teacher, nor shall any student betransferred from that teacher's class, on the basisof a complaint by a parent or student before aconference is held between the teacher, parent,student, and the supervisor contemplating theaction. Any such complaint shall be disclosed tothe teacher, and the teacher may waive theconference. This Paragraph 4 does not apply insituations involving sexual abuse or battery of astudent; provided, however, in situationsinvolving complaints by a parent or student ofalleged sexual abuse or battery, a discussion of theallegations will take place between the teacherand supervisor prior to a disciplinary conference.

Paragraph 5: The exercise of his/her rights in thisArticle by a teacher shall not prejudice any actionthat the Board might otherwise take regardinghis/her employment status.

Paragraph 6: Teachers who are not covered by K.S.A.72-5437 to 72-5443 inclusive, because of thedefinition of teacher in K.S.A. 72-5436, shall becovered by those statutes notwithstanding thatdefinition.

Section C: Disciplinary Meetings or Hearings

Paragraph 1: Whenever a teacher is required to meetwith a building level administrator for the purposeof disciplining the teacher, the meeting shall beheld at a reasonable time and in an appropriateplace to provide privacy. No teacher shall begiven a written reprimand or more seriousdisciplinary action at such a meeting unless theteacher had at least four (4) hour notice of themeeting and the reason for the meeting. Theteacher shall be entitled to representation at sucha meeting. However, the teacher may waive suchnotice and representation.

Paragraph 2: Whenever a teacher is required to meetwith district office line administrators for thepurpose of disciplining the teacher, the teachershall be given at least twelve (12) hour notice andthe reasons for the meeting and may be

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accompanied by a person chosen by the teacherwho may advise the teacher but will not speak inplace of the teacher. However, the teacher maywaive such notice. Following such a meeting, awritten summary of the meeting and/or thefindings shall be provided the teacher within five(5) contract days. The teacher shall sign to indicatereceipt of the written summary.

Paragraph 3: Whenever a teacher is required to appearbefore the Board concerning disciplinary matters,he/she shall be given a five (5) day prior writtennotice of the reasons for the meeting or hearingand may be represented thereat by the UTW or bya person of his/ her own choosing.

Section D: Solicitation

Paragraph 1: Every reasonable means shall be used todiscourage pupils, parents, and organizationsfrom soliciting teachers during the school day.This provision shall not be construed to prohibitcontacts by teacher organizations or educationallyrelated businesses.

Section E: Legal Action

Paragraph 1: In any case in which a teacher is involvedin legal action as a result of following Board oradministrative policy, such action shall beimmediately reported to the Board. Should theteacher request assistance in the preparation ofhis/her defense and/or prosecution, the Boardwill provide such assistance pursuant to law andBoard policy.

Section F: Compliance

Paragraph 1: Teachers shall not be required or compelledto take action or refrain from taking action whento do such would cause them physical harm or tobe in violation of law or Board policy. Teachersshall not be required to dispense medication orattend to personal body needs of students unlessspecifically trained in accordance with Boardpolicy.

Section G: Property Damage

Paragraph 1: When arising out of and in the course ofhis/her employment, a teacher’s clothing orpersonal effects worn by the teacher are damagedor destroyed as a result of a physical attack orwillful malice, and when the teacher has used

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reasonable judgment, the Board shall reimbursethe teacher for the cost of the repair or reasonablevalue thereof in an amount not to exceed $1,200.

Paragraph 2: When arising out of and in the course ofhis/her employment a teacher’s personalproperty, brought to the classroom setting as ateaching aid for the curriculum being taught, isdamaged or destroyed as a result of willful malice,and when the teacher has used reasonablejudgment, the Board shall reimburse the teacherfor the cost of the repair or reasonable valuethereof, whichever is less, in an amount not toexceed $1,200 per each occurrence.

Paragraph 3: The above does not cover accidentaldamage, theft or mysterious disappearance.

ARTICLE VIII: PUPIL CONTROL

Section A: Classroom

Paragraph 1: GeneralThe individual classroom teacher shall assumethe major responsibility for classroom controland discipline, and his/her judgment in this regardwill be relied on in the general course. The Boardhereby recognizes its responsibility to givesupport and assistance to teachers in this endeavorand its policies will continue to reflect its positionin this regard. Each school will have a disciplineprocedure setting forth the responsibility andauthority for all professional personnel.

Paragraph 2: Pupil MisbehaviorWhen, in the judgment of a teacher, parents shouldbe informed of a pupil’s misbehavior, the teachershould notify the building principal and contactthe parents unless the principal assumes theresponsibility to do so. Parent conferences withteachers and/or principals should be scheduledand/or other appropriate disciplinary action taken.

Paragraph 3: Referral of PupilWhen, in the judgment of a teacher, a pupil requiresreferral to other district employed professionalpersonnel or specialists, he/she shall so informhis/her principal or immediate supervisor inwriting. The principal or immediate supervisorshall arrange as soon as possible for a conference

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which includes himself/herself, the teacher, andappropriate specialist(s) to discuss the problemand to decide upon appropriate steps for itsresolution.

Paragraph 4: Removal of Pupil from ClassroomWhen, in the judgment of a teacher, a pupil issubstantially disrupting the instructional programto the detriment of other pupils, the teacher mayremove the pupil from his/her class. The teacherwill instruct the pupil to report immediately tothe appropriate supervisor or administrator.Following the decision to remove the pupil, theteacher will advise the principal of the action andwill, as soon as possible, furnish full particulars.Appropriate written records of such removalsshall be maintained by the principal and teacherand shall be available to the parties upon request.

Paragraph 5: Readmittance of Pupil to ClassroomA pupil shall not be readmitted into any classinstructed by the teacher who removed the pupilduring the half-day in which the pupil wasremoved unless there is mutual agreementbetween the teacher and the principal.

Section B: Suspension, Expulsion

Paragraph 1: Pupils may be subject in certaincircumstances to suspension and/or expulsion inaccordance with law and Board policies.

Section C: Physical Force

Paragraph 1: While in the course of his/her employment,a teacher may use reasonable physical force againsta pupil but only to protect himself/herself, toprotect other persons, to prevent the destructionof property, or to prevent any illegal overt act onthe part of the pupil.

Section D: Right to Grieve Board Policy 5112

Paragraph 1: Any alleged violation or misapplicationof Board Policy 5112, including all AdministrativeImplemental Procedures, shall be subject to thegrievance procedure. This shall not be construedto mean that any other Board policy is subject tothe grievance procedure.

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ARTICLE IX: TEACHER BENEFITS

Section A: Personal Injury Benefits

Paragraph 1: Worker’s CompensationThe Board shall provide Kansas Worker'sCompensation benefits for all teachers. If a teacherhas a compensable worker's compensation claim,the teacher will be paid at 100% for the period oftime that temporary leave is available. Oncetemporary leave is exhausted, compensation willbe reduced to 70% up to a maximum of 180 totalcalendar days from the date of disability. After180 days, the teacher's position may be refilled,but the teacher may be eligible to continuereceiving worker's compensation benefits at thereduced rate of the statutory maximum.

Paragraph 2: Other Injury BenefitsIf a teacher is absent as a result of personal injurycaused by battery arising out of or in the courseof his/her employment, and when investigationby the administration indicates that the teacherhas used reasonable judgment, the teacher shallbe paid his/her full salary for a period of up to onehundred eighty (180) calendar days, less anyworker’s compensation disability payments. Anyabsences caused by the battery will not be chargedto the teacher's accumulated temporary leave. Inother lost time (on the job) injury cases, at his/herdiscretion, the Superintendent may excuse suchabsences without loss of pay or temporary leaveif it is determined the teacher at the time of theinjury was following Board or administrativepolicy.

Section B: State Retirement Participation

Paragraph 1: The Board shall participate in the KansasPublic Employees Retirement System inaccordance with K.S.A. 74-4931 et. seq.

Section C: Short Term Disability Benefits

Paragraph 1: The Board shall provide short termdisability benefits as set forth in the Short TermDisability Summary Plan Description. Short termdisability benefits for disabilities resulting fromnon-occupational illness or injury, shall be paidat the rate of 70% of the teacher’s regular dailyrate, subject to all applicable deductions.Following the exhaustion of temporary leave,

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there is a five day waiting period before shortterm disability benefits begin. The five daywaiting period will be waived for absences greaterthan 30 calendar days and short term disabilitypayments shall be paid retroactively.

Paragraph 2: A single disability for a period of 180 daysis defined as a single absence. Under nocircumstances will short term disability benefitsbe paid in excess of 180 calendar days from thedate of the disability.

Paragraph 3: If subsequent to the commencement ofshort term disability benefits, it is determinedthat the illness or accident arose out of or in thecourse of the teacher’s employment, the teacher’scompensation shall revert to worker’scompensation disability payments and theteacher’s short term disability benefits shall bereduced by any retroactive payment of worker’scompensation total disability payments.

Section D: General Liability Coverage

Paragraph 1: The Board shall provide general liabilitycoverage with a minimum single liability limit ofat least $500,000. This coverage, in accordancewith its definitions and exclusions, will defendand pay on behalf of those teachers covered allsums for which those teachers covered shallbecome legally obligated to pay within the statedoccurrence limits as damages because of bodilyinjury or property damage. This coverage willinclude corporal punishment within the definitionof damages for bodily injury. This coverage willalso include teachers who transport pupils withinthe course and scope of their employment eithervoluntarily with permission of an appropriateadministrator or because of the requirements ofa supplemental assignment. The employees ofthe Board will be included within this coverage.The Board shall not be obligated beyond anystandard liability coverage that is provided or isable reasonably to be purchased in the future.

Section E: Life Coverage

Paragraph 1: The Board shall provide a group term lifecoverage in the sum of $30,000 for all teachersemployed half time or more. Any increases incoverage shall not be effective until the teacherreports or is able to report for work.

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Section F: Health Coverage

Paragraph 1: Effective September 1, 2006 and endingAugust 31, 2007, the Board contribution shall be$510 per month. The Board shall offer two levelsof plans of health insurance; a $510 level plan anda $675 level plan. Teachers shall have the optionto buy up to the $675 level plan by agreeing to apayroll deduction in the sum of $165 per month.The option to buy up to the $675 level plan shallbe exercised by August 13. The $510 level plan andthe $675 level plan shall provide health coveragefor teachers and eligible dependents, if any, inaccordance with the terms, conditions, andexclusions of the plans as developed by theadministration with the involvement of UTW.The administration of the plan shall be reviewedat least quarterly by the Employee HealthAdvisory Committee, whose teacher membersshall consist of plan participants appointed by theUTW. Changes in the plan will normally beeffective on September 1 of any year and onlywith the involvement of the UTW. Teachersemployed less than half-time are not eligible forcoverage or membership in the plan and theBoard shall make no payment for such teachers.

Paragraph 2: The Board shall continue to pay itscontribution to the plan for an eligible teacherwho suffers a continuing total disability for aperiod not to exceed 180 calendar days after thedate of the commencement of the total disability.All actions and decisions under the health planshall be made in accordance with rules andprocedures established by the administration.

Paragraph 3: Teachers employed half time or more mayenroll in a cash option in lieu of coverage andmembership in the health plan. Teachers enrolledin the cash option shall be paid $100 per monthsubject to applicable deductions in regular payrollchecks.

Paragraph 4: Certain provisions of this Section or of theplan are subject to continuing and futureinterpretations by the state or federal governmentsor their respective agencies. Any new law or moredefinite or different interpretation of existing lawmay require immediate and thoroughmodification of this agreement or of the plan. Insuch event, the change, deletion, or modificationof this Article and/or the plan shall beaccomplished forthwith.

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Section G: Severance Payment

Paragraph 1: A teacher who retires or resigns within thetime limits allowed by statute, after reaching agefifty-five (55) years or five (5) years in the employof the Board shall be eligible for a severancepayment. The severance payment shall also applyto a teacher who meets the above age oremployment qualification and who leaves thedistrict’s employment either due to death or totaldisability or for other good causes as determinedsolely by the Board. Teachers may, at their option,have their severance applied to health planpayments.

Paragraph 2: The amount of severance payment forwhich the teacher is eligible shall be computed bymultiplying the number of accumulated unusedtemporary leave days by $30.

Paragraph 3: The severance payment shall be made tothe eligible teacher in accordance with regularpayroll procedures and shall be subject to allapplicable deductions.

Section H: Tax-Sheltered Plans

Paragraph 1: Teachers are eligible to participate insalary reduction tax-sheltered plans, including457 plans, established pursuant to the InternalRevenue Code, consistent with regulationsestablished by the Business/Financial ServicesDivision. Enrollment in the 457 plan must have aminimum of twenty-five (25) participants by theend of the second year after the plan commencesor the 457 plan may be terminated at the discretionof the Superintendent.

Section I: Mileage Allowance

Paragraph 1: Any teacher who is required to use his/herown automobile as a regular condition ofemployment in his/her base or addendumcontract shall be compensated on a quarterlybasis at the rate per mile established by theSecretary of Administration of the State of Kansas.Mileage rates are effective on the first of themonth following the date the Department ofAdministration makes a change. No mileagecompensation will be payable unless specificagreement therefor with the Business/FinancialServices Division has been reached in advance ofbeing incurred.

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Section J: Early Retirement

Paragraph 1: The Board will continue to provide avoluntary early retirement program for membersof the teachers bargaining unit employed prior toJuly 1, 1996. The substance and procedures of theprogram, and any changes thereto, are in eachinstance to be determined by the Board. Alterationsshall not be applied retroactively to affect anyretired teacher receiving benefits from theprogram. For the duration of this agreement andpending any legislative action, the EarlyRetirement structure and level of benefits shallcontinue at no less than the same level in place onthe effective date of this agreement.

Section K: Flexible Spending Account Plan

Paragraph 1: The Board shall provide a FlexibleSpending Account Plan established pursuant toSection 125 of the Internal Revenue Code whichwill allow voluntary payroll deduction. Thesubstance and procedures of the Plan, and anychanges thereto, are in each instance to bedetermined by the Board after consultation withthe UTW. The Plan shall include only dependentcare assistance and non-reimbursed medicalexpenses. Health insurance premiums will bededucted from wages on a pre-tax basis throughthe use of a Section 125 Cafeteria Plan.

Section L: General

Paragraph 1: Each benefit specified by this Article may,at the Board’s option, be provided by a Boardselected carrier or by self-funding by the Board orany combination thereof. The Board may changefrom one carrier to another or to self-funding atany time. The specific coverage may be altered bythe Board at any time so long as the coverageprovided complies with the expressed terms ofthis agreement.

Section M: Catastrophic Emergency Benefit Plan

Paragraph 1: The Board shall provide a CatastrophicEmergency Benefit Plan to be used by teacherswho have suffered some catastrophic emergencyand who have exhausted all temporary leave.

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Paragraph 2: The Plan shall be administered by a jointcommittee consisting of employees representingall employee groups. The committee shall consistof five (5) members from the Teachers BargainingUnit, four (4) members from Service EmployeesUnion, two (2) members from the Technical/Supervisory employee group, two (2) membersfrom the Administration, one (1) member fromSecurity, and one (1) member from theConfidential employee group. Members shall beappointed by their respective employee groupsand terms of service on the committee shall bedetermined by the respective groups. Thepresident of the UTW, the president of ServiceEmployees Union, the Assistant Superintendentof Human Resources, and the Human ResourcesSpecialist shall serve as resource members to thecommittee. Decisions rendered by the committeeare final and binding.

Paragraph 3: The plan shall be open to all benefitedemployees who contribute to the establishmentof the pool. The pool shall be established byallowing each benefited employee to contributeone (1) day of temporary leave into the pool. Theplan shall be made available for employee usewhen at least 400 employee days have beencontributed. Only those employees who havecontributed to the pool shall be eligible to drawfrom it. Teachers who contributed one (1) day oftemporary leave to the pool may continue as aparticipant during the 2006-07 school year withoutcontributing another day.

Paragraph 4: When the pool falls below 300 days, itshall be replenished by a new thirty-day openenrollment period during which time employeesmay contribute an additional day or may becomenew members of the plan by contributing oneday.

Paragraph 5: Employees who meet the criteria aboveshall be eligible to draw on the pool up to twenty(20) days per contract year. The employee mustexhaust all accumulated temporary leave to beeligible

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ARTICLE X: LEAVES

Section A: Temporary Leave

Paragraph 1: Chargeable Temporary Leaves

(a) Each teacher who is under a full-time contract fora full professional year shall be granted twelve(12) temporary leave days on the first day that theteacher reports for work in that professional year.Each teacher at extended day/extended yearschools on a 210-day, full time contract for a fullprofessional year shall be granted thirteen and ahalf (13.5) temporary leave days. Temporary leavedays shall be prorated for any teacher who iscontracted for less than full time but at least halftime or who begins his/her employment after thebeginning of the professional year. However,teachers in less than half-time positions who werehired before August 1, 1999 shall receive proratedtemporary leave days. Temporary leave daysgranted shall be added immediately to theteacher’s accumulation. A teacher under anaddendum contract shall be granted one (1)temporary leave day for each fifteen (15) days ofpaid addendum computed to the nearest half day.Such additional days shall be added to the teacher’saccumulation upon completion of the addendumcontract.

(b) Unused temporary leave days shall be cumulativewithout limit.

(c) Accumulated temporary leave days may be usedfor:

(1) Personal illness, injury, or incapacitation upto the maximum of the number of days theteacher has accumulated. However, noteacher may use temporary leave days forany single such disability beyond 180calendar days from the first day of disability.On or before the end of thirty (30) calendardays from the beginning date of the disabilityand on or before the end of every thirty (30)calendar days thereafter, the teacher andhis/her physician shall furnish a statementverifying the disability. For the recurrenceof a disability to be considered a newdisability, the teacher must have returned towork for a continuous period equal in lengthto the period of absence or for thirty (30)consecutive contract days if the period of

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absence exceeded thirty (30) contract days.However, if such time period is interruptedby the end of the school year, a teacher whofails to complete such time period upon thestart of the next school year may file anappeal with the Assistant Superintendent ofHuman Resources who may waive theremaining days. Short absences for reasonsnot related to the disability shall not becounted towards fulfillment of thisrequirement, but will not be considered aninterruption thereof. Temporary leave formaternity will be granted to teachers duringthe period of actual incapacitation fromperforming their duties. Pregnancy,childbirth, false pregnancy, termination ofpregnancy and recovery shall be treated asany other temporary disability for job-related purposes, including commencement,duration and extensions of leave, paymentof disability income, reinstatement and anyother fringe benefit offered to employees byvirtue of employment.

(2) Illness, injury, or death of the teacher's spouse,child or parent up to a maximum of fourteen(14) days per contract year. Up to eight (8) ofthese days may be used for illness, injury, ordeath of the teacher's in-law, grandchild,grandparent, sibling, aunt, uncle, niece,nephew, any person having been regularlyliving in the teacher's household, or in-lawof the teacher's spouse, child or parent.

(3) The number of personal leave days whichmay be taken are based upon length ofemployment with the Board. Teachers withtwenty-five (25) or more years may take upto five (5) personal leave days, teachers withtwenty to twenty-four (20 to 24) years maytake up to four (4) personal leave days, andall other teachers may take up to three (3)personal leave days. Personal leave may betaken at the teacher's discretion. However,teachers shall properly file a form of notifi-cation twenty-four (24) hours in advance ofa personal leave. Teachers shall not taketemporary personal leave:

(a) during nonteaching professional days

(b) during the first five and last five daysof the school year

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(c) during addendum contracts of twenty(20) or fewer days

(d) to extend those non-working days orconference release days as identifiedby the school calendar.

In cases of emergency, the principal maywaive the preceding restrictions other thanthe numerical limit. In addition, therestrictions above shall not apply to a teacherdesiring to use personal leave to attend agraduation of the teacher's child.

(4) Temporary active duty up to a maximum offourteen (14) days per contract year. Leavefor temporary active duty is provided theteacher who is a member of a reserve militaryunit which is ordered to active duty as aresult of an emergency or disaster.

(5) Paternity leave up to a maximum of three (3)days per contract year. Paternity leave isprovided for the father to attend the birth ofhis child.

(6) Adoptive leave up to a maximum of ten (10)days per contract year.

(d) When a teacher is absent from his/her assignmentfor any of the above reasons, such absence shall bea chargeable absence and the number of days ofsuch chargeable absence shall be subtracted fromhis/her accumulated temporary leave days.Absences for one-half (1/2) day or less shall bechargeable as one-half (1/2) day. Absences forless than a day but more than one-half (1/2) shallbe chargeable as one (1) day. A teacher’s salaryshall be reduced by the amount of his/her dailyrate of pay for each day of chargeable absence inexcess of the limits specified by subparagraph (c)above. However, the numerical limits specifiedby subparagraph (c) (2), (c) (4), and (c) (6) abovemay be extended by the Superintendent uponwritten request by the teacher if the teacher hasaccumulated sufficient days.

(e) When the administration has doubt of theauthenticity of the reason given by the teacher forany absence other than personal leave, theadministration reserves the right to requireevidence of authenticity. After five consecutivedays of absence, the administration may requirethe teacher to furnish evidence of authenticity of

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the reason given by the teacher. Such evidenceshall be subject to review and appropriate actionby the Human Resources Division.

(f) If, in the judgment of the building principal, thetotal number of absences on a given day byteachers based at the building will impair or isimpairing the educational program, then theprincipal may request that teachers not takepersonal leaves.

Paragraph 2: Nonchargeable Temporary LeaveSubject to administrative approval, a teacher maybe granted temporary leave for the followingpurposes, subject to the following provisions.Such temporary leave shall not be chargeable tocumulative temporary leave days, and the teachershall receive his/her full pay.

(a) Court Duty or Jury DutyA teacher may be granted temporary leave toappear in court to answer a jury summons, or forreasons other than personal neglect, violation oflaw, or matters in which the teacher has a vestedinterest. The amount paid for jury duty or witnessfees, if any, shall be deducted from the teacher’sregular pay. Verification of the amount receivedfor jury duty or witness fees must be provided.

(b) CurriculumA teacher may be granted temporary leave toparticipate in the development of a school projectwithin the school system (for example, workingas a committee member during the school day).

(c) Joint StudyA teacher may be granted temporary leave towork on a committee jointly sponsored by theBoard and the UTW.

(d) ProfessionalA teacher may be granted temporary leave topursue professionally related activities.

(e) InstructionA teacher may be granted temporary leave tosupervise a group of pupils.

(f) VisitationA teacher may be granted temporary leave toconsult with and/or observe for professionalpurposes a person or school.

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(g) School BusinessA teacher may be granted temporary leave toconduct business for the school system at thedirection of the Superintendent.

(h) Natural DisasterA teacher may be granted temporary leave in theevent of a tornado, flood, and/or fire as determinedby the Human Resources Division, and after theteacher has used all personal leave.

Paragraph 3: Other Temporary LeavesThe Superintendent or a delegated authority mayauthorize temporary leave for any other purposenot expressly identified above. Such authorizationshall specify the temporary leave as chargeable ornonchargeable.

Section B: Extended Leaves

Paragraph 1: Teachers are entitled, subject toadministrative approval , to extended leaves forstudy, foreign travel, foreign teaching, exchangeteaching, health, illness of spouse, child, or parent,maternity, paternity, adoption, military service,campaigning for or serving in a public office,professional activities and professionally relatedemployment. Such extended leaves shall normallybe for one (1) semester or one (1) year. An extendedleave may be lengthened to include a second yearunder the same provisions which applied to thefirst year of extended leave. No extended leaveshall be considered a termination of employment.

Paragraph 2: General Provisions

A teacher shall:

(a) Have completed his/her probationary periodbefore being eligible for extended leave.Application for extended leave may be madeduring the last semester of the probationary periodor thereafter.

(b) Receive no salary or benefits from Unified SchoolDistrict 259 when he/she is on extended leave.

(c) Receive full credit for teaching experiences whileon extended leave for:

(1) Study when enrolled for the period of leavein at least the equivalent of a minimum fullload of course requirements in an academicinstitution.

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(2) Military service, as required by federal orstate law.

(3) Professionally related employment.

(4) Foreign teaching or exchange teaching.

(5) Campaigning for or serving in a publicoffice as an elected official.

(6) Professional activities (for example, as anemployee or officer of a local, state or nationalprofessional organization, or as a volunteerin VISTA or Peace Corps).

(d) Receive no credit for teaching experience whileon extended leave for reasons of health, illness ofspouse, child, or parent, maternity, paternity,adoption, or foreign travel.

(e) Be subject upon his/her return from extendedleave to any general salary reductions which maybe ordered by the Board.

(f) Retain during the extended leave, current status ifapplicable to the Wichita Supplemental AnnuityPlan.

(g) Retain accumulated temporary leave days, butadditional temporary leave days shall notaccumulate during the term of extended leave.

(h) Be permitted to retain membership, duringextended leave, in the Board provided healthcoverage plan. However, arrangements forpayment of premiums must be made in advancewith the Risk Management Office and the Boardshall make no contribution.

(i) Be reassigned in a position which is at leastcomparable to the one which he/she held whenthe extended leave commenced, exclusive ofsupplemental assignments. If the date of returnfrom extended leave is other than the beginningof a school year, the effective date of return shallbe subject to a vacancy for which the teacher onleave is qualified. If the date of return fromextended leave is the beginning of a school year,the assignment shall be assured, provided theteacher notifies the Human Resources Divisionon or before April 15 of his/her intention to

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return. On or before March 15 the HumanResources Division shall make reasonableattempts to notify each teacher on leave of thisprovision.

(j) Prior to resuming duties on return from anextended leave for maternity or health, present tothe Human Resources Division a statement froma physician that the teacher is physically able toresume normal duties required of his/herassignment. If requested by the Human ResourcesDivision, confirmation of the physician’sstatement by another physician selected by theBoard may be required at the expense of theboard. Maternity, as used herein, includespregnancy, childbirth, false pregnancy,termination of pregnancy, and recoverytherefrom. Maternity leave without pay shallextend for a reasonable period of time subject to(i).

Paragraph 3: Other Extended LeavesThe Superintendent may authorize, subject to theapproval of the Board, an extended leave for anyother purpose not expressly identified above.

Paragraph 4: Application

(a) Application for extended leaves which are to beeffective at the beginning of a school year shall bemade on or before April 15. Applications forextended leaves which are to be effective at a timeother than at the beginning of a school year shallbe made three (3) months before the requestedeffective leave date. In the event that the abovedates for application are not met, teachers shallstill receive consideration of their application andextended leaves may be granted except wheresuch leave would work a hardship on the schoolsystem.

(b) A physical examination and/or statement from amedical doctor may be required of any teachermaking an application for an extended leave forhealth. In the case of maternity, such statementshall include the anticipated birth date of thechild.

(c) Teachers shall make application for extendedleaves on forms provided by the Human ResourcesDivision.

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Paragraph 5: Notification for LeavesIn the case of leave for maternity, elective sur-gery, or other condition of health which mayrequire an extended period of absence from thejob, the teacher shall notify her/his immediatesupervisor as soon as possible after becomingaware of the condition.

Section C: Sabbatical Leaves

Paragraph 1: PurposeIn order to provide opportunities for professionalimprovement, sabbatical leaves are available toteachers for formal, full-time study at a college oruniversity.

Paragraph 2: Eligibility

(a) An applicant must have performed seven (7)school years of continuous service in UnifiedSchool District 259 immediately prior to thecommencement of the proposed sabbatical leave.The continuity of service is not interrupted by anextended leave of up to one (1) year. However,time during such leave shall not be counted towardthe required seven (7) years and at least two (2) ofthe seven years must have been performed afterthe latest extended leave. The continuity of serviceis interrupted by any extended leave or leaveswhich total in excess of one (1) year.

(b) Applicants shall not have received sabbaticalleave during the seven (7) years immediatelypreceding the application.

(c) Each applicant must sign a statement of intent toreturn to service in Unified School District 259immediately upon termination of sabbaticalleave.

(d) Each applicant must sign a commitment to repaythe amount paid during the sabbatical leave on aprorated basis in the event the teacher fails toreturn to Unified School District 259 and performassigned services under a contract of employmentfor a period of one (1) year after return fromsabbatical leave.

Paragraph 3: Application

(a) Applications shall be made to the Chairperson ofthe Committee for Sabbatical Leave on or beforethe annual deadline dates established by the saidcommittee.

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(b) The application shall present the applicant’s plansfor the sabbatical leave and such other informationas the committee deems advisable.

Paragraph 4: Selection

(a) The Committee for Sabbatical Leave shall consistof two members appointed by the Superintendent,two members appointed by United Teachers ofWichita, and the Assistant Superintendent ofHuman Resources , who will chair the committee.

(b) The committee will prepare a priority listing ofeligible applicants and recommend teachers forsabbatical leave appointments. The committeeshall judge the quality of the applications andrecommend no more than five (5) teachers percontract year.

(c) Consideration shall be given to:

(1) Assured eligibility.

(2) The potential contribution to the applicant’sprofessional growth.

(3) The applicant’s prior contribution to theschool district, potential for futureleadership, or for improvement of classroominstruction.

(4) Evidence of professional growth.

(5) Any other pertinent factors as establishedby the committee.

(d) The priority listing of applicants for sabbaticalleave shall be submitted to the Board for approval.

Paragraph 5: CompensationWhile on sabbatical leave, the teacher shall bepaid according to the base contract salary whichwould have been earned had the teacher not beenon leave. Payment for a semester’s sabbaticalleave shall equal 100 percent of the semester’sbase contract salary, and payment for a year’ssabbatical leave shall equal 50 percent of a year’sbase contract salary.

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Paragraph 6: General Provisions

A teacher shall:

(a) Receive full credit for system experience while onsabbatical leave.

(b) Be subject upon return from sabbatical leave toany general salary reductions which may beordered by the Board.

(c) Retain during the sabbatical leave current statusif applicable in the Wichita Supplemental AnnuityPlan.

(d) Retain accumulated temporary leave days, butadditional temporary leave days shall notaccumulate during the term of the sabbaticalleave.

(e) Maintain all rights accruing under Kansas PublicEmployees Retirement System, if any.

(f) Be permitted to retain the health coverage benefitas set forth in the Teacher Benefits Article.

(g) Retain group term life coverage.

(h) Retain disability income protection coverage.

(i) Upon completion of sabbatical leave, bereassigned in a position which is at leastcomparable to the one held when assumingsabbatical leave status, exclusive of supplementalassignments.

(j) Be eligible for sabbatical leave for a semester ora year. A second year may be granted in specialcases under the provisions in Section B of thisArticle.

(k) Not deviate while on sabbatical leave from his/her approved plan except with the writtenpermission of the Committee for Sabbatical Leave.

Section D: Family and Medical Leave

Paragraph 1: The Board shall comply with the Familyand Medical Leave Act of 1993 or as subsequentlyamended.

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ARTICLE XI: TEACHER USE OF FACILITIES

Section A: Building

Paragraph 1: MeetingsTeachers have the right to reasonable use ofbuilding facilities for meetings at reasonabletimes and hours when such buildings are openand the operating staff is on duty.

Paragraph 2: Instruction PreparationTeachers shall have reasonable access toclassrooms, equipment, or appropriate officesfor instructional purposes or for instructionalpreparation.

Section B: Equipment

Paragraph 1: When not otherwise in use, teachers maymake reasonable use of office equipment (notincluding supplies) located anywhere in thebuilding of their assignment(s). Such equipmentshall not be removed from the building exceptwith advance written approval of the buildingprincipal. If the equipment is removed from thebuilding for personal use, the teacher shall signa commitment to reimburse the Board for anyloss of or damage to such equipment, lessdepreciation and allowance for normal wear andtear.

Section C: Announcements

Paragraph 1: Teachers have the right to request theplacement of items in daily bulletins andreasonable use of intercom equipment.

Section D: Procedures

Paragraph 1: Such use as referred to in Sections A, B, andC shall be arranged and approved through thebuilding principal or his/her administrativerepresentative. Such use shall not be unreasonablywithheld.

Paragraph 2: If a teacher’s request for use of buildingfacilities, classrooms, offices, office equipment orto make announcements is denied, the teachershall, upon request, be entitled to an explanationfrom the principal or his/her administrativerepresentative.

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Section E: Posting Materials

Paragraph 1: Subject to reasonable regulation by theSchool Building Committee, teachers have theright to post items on faculty bulletin boards andto place items in teachers’ boxes. A copy of anyduplicated material placed in teachers’ boxes shallbe furnished to the building principal no laterthan the time of distribution.

Paragraph 2: Materials which propose or promote anyaction by a teacher or group of teachers to violateany term of this agreement or any Board oradministrative policy, rule, regulation, ordirective shall not be placed in teachers’ boxes oron faculty bulletin boards.

ARTICLE XII: PROFESSIONAL RIGHTSAND RESPONSIBILITIES

Section A: General

Paragraph 1: The teacher, as a member of the teachingprofession, has certain rights, privileges andprerogatives. The Board so recognizes the teacheras a professional person and, when it employshim/her, it does so with the express intent ofhonoring these rights, privileges and prerogatives.Correspondingly, when the teacher acceptsemployment by the Board, he/she does so withthe intent of fulfilling his/her professional andcontractual responsibilities.

Paragraph 2: As a professional, a teacher is frequentlycalled upon to employ his/her own judgmentwith regard to his/her actions. In doing so, theteacher must bear the responsibility of his/herdecisions. In the area of the exercise of his/herprofessional rights, the teacher's judgment mustbe relied upon in the general course, but is subjectto review in accordance with provisionsestablished by contractual agreement or law.

Section B: Rights and Responsibilities

Paragraph 1: Discussion of School PoliciesTeachers have the right to express opinions onschool policies and conditions, make declarations,and vote on issues. Teachers are free to dissentfrom the views of other teachers, if they are so

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inclined. No reprisals shall be made as a result ofsuch dissent. Teachers have the right to meetprivately and to disseminate their views either asindividuals or groups.

Paragraph 2: Organizational ActivitiesTeachers have the right to join and participate inlawful activities of their own choosing.

Paragraph 3: Political ActivityEach teacher is free to exercise rights and fulfillresponsibilities as a citizen by participating inpolitical activity, attending functions of politicalparties, belonging to the party of choice, seekingsupport in the community on political issues,becoming a candidate for public office and holdingsuch office. The teacher’s political activity,however, must not compromise professionalintegrity. The teacher must not misuse his/herprofessional position to pervert academic freedomin the interests of personal political beliefs orambitions or those of a political group. A teachershall not in the course of employment or by virtueof his/her professional contact with pupils usepupils to influence or attempt to influence apartisan political election or other election forpublic office.

Paragraph 4: Individual and Personal RightsThe teacher’s individual and personal rightsoutside the academic setting are no less than thoseof other citizens. Each teacher has the right toconduct himself/herself outside the academicsetting as he/she sees fit unless it can be shownthat the teacher’s behavior is affecting his/herprofessional performance in a demonstrablydeleterious manner. Teachers will project apositive professional image while dressing in anappropriate manner as determined by the teacher.However, his/her appearance shall not adverselyaffect his/her professional performance.

Paragraph 5: Curriculum and MaterialsWhile the groups of teachers must developthrough professional agreement, subject toapproval of the Board, the objectives, content, andmethods of the curriculum, the individualclassroom teacher shall exercise professionaljudgment in their implementation and in theselection of supplementary materials within theguidelines established by professional groups.

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Paragraph 6: Space and FacilitiesThe fulfillment of the responsibilities of thiscontract requires that the teacher undertake certaintasks such as planning, grading, telephoneconferences and, when the teacher deems itnecessary, the undertaking of activities whichpromote professional growth. The teacher isexpected to perform certain of these tasks offschool premises.

Section C: Nondelegable Board Power

Paragraph 1: Any judgment or decision made hereunderwhich constitutes an exercise of a power notdelegable by the Board shall be subject to reviewand modification by the Board. Grievancesregarding this Article shall not be presented toarbitration without the consent of theSuperintendent or designee.

ARTICLE XIII: ACADEMIC FREEDOM

Section A: Academic Freedom

Paragraph 1: It is the mutual desire of the Board and ofthe teachers to create and maintain in the schoolsystem a climate in which teachers are free toteach and pupils are free to learn at their levels ofcomprehension; a climate conducive to open in-quiry and responsible discussion of any and alltopics related to the development of mankindethically, culturally and physically, includingviews and expressions on these and other topicswhich may be unorthodox or unpopular.

Paragraph 2: In order to assure the general continuity,scope, and sequence of the curriculum within theconcept of academic freedom, the teacher shallconduct instructional programs in a manner con-sistent with district curricular objectives of thecourse and the campus improvement plan.

Paragraph 3: A teacher must be allowed to exerciseacademic freedom in a continuous effort toaccomplish the mission of the school system.Major goals of the school system are to developlearning skills; to develop a free, reasoningindividual who can think independently, whocan recognize basic values and understand thefundamental ideas not only of his/her own butother cultures as well; and to ensure all students

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learn the skills and acquire the knowledgenecessary for success at continuing stages of theirlives in an environment where diversity is valued.

Paragraph 4: The principle of academic freedom impliesthat a teacher must teach with an understandingand respect for the individuality of each pupil.Academic freedom further implies that a teacherwill teach with a scrupulous regard for honestyand accuracy, without distortion or falsification.

Paragraph 5: Academic freedom guaranteed hereinrequires strict adherence to professional ethics. Italso requires the teacher to evaluate his/herinstruction in a continual effort to meet the higheststandards set forth by the teaching profession.

Section B: Instructional Materials

Paragraph 1: In selecting instructional materials, teachersmust consider the learning media to be employed,the substantive manner in which the materialsmay contribute to the education of the pupil, theiraesthetic values, appropriateness to thecurriculum and adaptability both in structure andcontent for a particular individual or groups ofpupils, and shall not be restricted beyond theseconsiderations.

Paragraph 2: The teacher must be free to recommend forindividual study any instructional material whichhe/she believes will have educational signifi-cance for an individual pupil, and must also befree to discuss with a pupil any instructionalmaterial that the pupil reads, views or hears,whether the teacher has recommended it orwhether the pupil has discovered it for himself/herself.

Section C: Outside Speakers

Paragraph 1: The teacher must be free to invite andutilize the services of outside speakers in theclassroom when the teacher believes that suchspeakers will have educational significance for aclass of pupils.

Section D: Professional Review

Paragraph 1: A Professional Board of Review shallconsist of a representative group of twelve (12)teachers employed by the school system andthree (3) representatives of the Wichita educational

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community. This Professional Board of Reviewshall be appointed by the Superintendent from alist of candidates submitted by the UTW in Augustof each year or as soon thereafter as possible.Throughout the school year, the UTW shallmaintain a list of fifteen (15) names from whichthe Superintendent shall fill vacancies as theyoccur. This Professional Board of Review shallestablish written rules and procedures for theconduct of its business.

Paragraph 2: All decisions rendered on the applicationof any of the provisions of Sections A, B, and C ofthis Article in a specific situation shall be made bythis Professional Board of Review. It will acceptproblems, complaints and requests for guidancefrom teachers and citizens and, after giving allinterested parties an opportunity to present theirviewpoints, shall render a judgment in accordancewith this Article and the Code of Ethics of theEducation Profession. Such judgment shall befinal and binding upon all teachers involved inthe specific situation. However, the decision of ateacher shall not be overruled or stayed pendingsuch judgment by the Professional Board ofReview.

Section E: Nondelegable Board Power

Paragraph 1: Any judgment or decision made here-under which constitutes an exercise of a power notdelegable by the Board shall be subject to reviewand modification by the Board. Grievancesregarding this Article shall not be presented toarbitration without the consent of theSuperintendent or designee.

ARTICLE XIV: TEACHER FILES

Section A: Teacher Files

Paragraph 1: All material obtained during the period ofemployment and placed in the teacher’s file shallbe available for inspection by the teacher atmutually agreeable times and in the presence ofa person authorized to show the files. The teachermay obtain, upon request, a copy of such material.The teacher's official file in Human Resources isa confidential file with limited access. Access willbe provided only to the teacher, his/hersupervisor, and others with a demonstrated needto view the file as determined by the Assistant

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Superintendent of Human Resources or designee.At the teacher’s request, a person of his/herchoosing may accompany the teacher for theinspection.

Paragraph 2: The phrase, teacher’s file, as used in thisArticle shall be construed to include allinformation in the personnel data base pertainingto the teacher.

Paragraph 3: The teacher shall be given a copy withinfive (5) contract days of any Personnel ConferenceSummary concerning the teacher whether or notit is placed in the teacher’s file.

Paragraph 4: Confidential material received by theadministration prior to employment and inemployment processing, and confidentialreferences or evaluations obtained fromprofessional educators and educationalinstitutions outside the school system subsequentto employment shall be exempted frominspection. However, the teacher shall be provideda list of such items upon request, including thesource of such items.

Paragraph 5: Before any material, other than thatspecified in Paragraph 4 above, of a derogatorynature is placed in a teacher’s file, such materialshall be discussed with the teacher.

Paragraph 6: The teacher shall have the right to answerany material filed which is subject to inspection.Such answer shall be submitted to the HumanResources Division within ten (10) contract daysof the date that the teacher first received a copy ofthe material being answered. Such answer shallbe affixed to the material and placed with it in theteacher’s file.

Paragraph 7: The teacher may request a personneladministrator to remove any evaluative ordisciplinary material more than three (3) yearsold from the teacher's file. Such request may ormay not be granted. The decision of the personneladministrator shall be final. The Human ResourcesDivision shall keep a record of the requests made

and of the disposition of each request.

Paragraph 8: Only the teacher's SQIS information mayfollow the teacher to a new building assignment.

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ARTICLE XV: STAFF QUALITYIMPROVEMENT SYSTEM

Section A: General

Paragraph 1: The Staff Quality Improvement Systemshall be a systematic and continuous process. Theprocess shall focus on self-development andprofessional growth and shall not be construed asan act of discipline. The goal of the Staff QualityImprovement System shall be to improve thequality of instruction in a way that is consistentwith the district's strategic beliefs and mission,the district strategic plan, and the individualcampus improvement plans and missionstatements. The Board and the UTW shallcooperate to establish appropriate inserviceactivities.

Paragraph 2: The foundation for the Staff QualityImprovement System shall contain, but not belimited to, the following:

(a) Setting realistic and meaningful goals.

(b) Identifying opportunities for professional growth.

(c) Identifying strategies for professional growth.

(d) Providing resources for professional growth.

Paragraph 3: This system shall be implemented in a waythat:

(a) Supports all organizational goals

(b) Promotes systems and processes improvement

(c) Encourages risk taking, mutual trust, and support

(d) Promotes collaborative input and goal setting

(e) Is flexible and fosters continuous professionalgrowth

(f) Provides a variety of information gathering toolsand supporting documentation

(g) Structures time for effective communication,implementation, and feedback

so that student learning and teacher job satisfaction arecontinually increased.

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Paragraph 4: Only an alleged abuse of this process shallbe subject to the grievance procedure. The feedbackand recommendations are not grievable. Disputesregarding this process will be reviewed by theSuperintendent or designee and the UTW Presidentor designee.

Paragraph 5: Teachers shall undergo a medicalevaluation if so requested or directed by theSuperintendent or designee. Such teachers shallbe given the reason(s) for the referral directive.The costs of any such medical evaluation shall bepaid by the Board.

Paragraph 6: The administrative staff shall provideinformation and discuss the Staff QualityImprovement System at a building staff meetingearly in each school year. Time will be providedfor teachers to review their progress in the StaffQuality Improvement System as part of the campusimprovement plan.

Paragraph 7: The Staff Quality Improvement Systemforms adopted by the Board shall be used and keptin the teacher's file at the base site.

Paragraph 8: The supervisor and teacher(s) shall signthe Staff Quality Improvement System form as anacknowledgment of its existence.

Paragraph 9: Teachers shall not be monitored byintercom or other mechanical devices withouttheir knowledge or permission.

Section B: System Highlights

Paragraph 1: The Staff Quality Improvement System iscomprised of three major components:

(a) A continuous growth plan which shall apply to allteachers.

(b) An orientation phase which shall pertain toprobationary teachers.

(c) A plan of assistance phase which shall apply toany teacher who has completed his/her secondyear of teaching or beyond and who may needextraordinary assistance to accomplish the levelof success which will enable him/her to continueemployment within the district.

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Section C: Continuous Growth Plan

Paragraph 1: Continuous growth is an ongoing processwhich encourages professional growth for allteachers. Its purpose is to assure quality serviceand support. This shall be accomplished throughsystems review, growth plans and staffdevelopment. The growth plan has five partsincluding a feedback loop, growth goals, focusedstaff support, a professional support file, and staffdevelopment.

Paragraph 2: Feedback Loop (Plan-Do-Study-Act)Feedback loop is a process in which people seekinformation about customer needs andexpectations, make a plan with the customer tomeet these needs and expectations, ask for feedbackfrom the customer as to whether the plan isworking, and then revise the plan as needed. Thefeedback loop is integrated throughout the growthprocess and is designed to:

(a) Determine and consider internal and externalcustomer needs and expectations

(b) Collect feedback information through techniquessuch as:

(1) Internal and external customer surveys.

(2) Sharing data with teachers for the purpose ofplanned improvement of the system.

(3) Assessing the growth of the system ratherthan measuring individual performance (re:goal alignment).

Paragraph 3: Growth GoalsGrowth Goals are specifically developed toenhance continuous improvement of the system.Each teacher shall have the final decision indeveloping an individual plan with specific goals,including the number and content of specificgoals, subject to the goals being tied to theorganizational goals. This plan is generated toenhance professional development with a supportteam. The support team includes the teacher andthe teacher's supervisor and may, as appropriate,include other staff members chosen by the teacherwho shall be appropriate to selected goals. Theleader of the team shall be the teacher. Theresponsibility of the team is to help develop and

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support the growth goals and assist in assessingprogress which may include an occasional reviewby the team. The plan includes growth goalswhich have an estimated time frame forcompletion and suggested activities. The teachershall report progress on goals to the teacher'ssupervisor. The method of reporting progress ongoals shall be mutually agreed to by the team. Theteacher or the teacher's supervisor shall have theright to seek a review of the method of reportingagreed to by the team under Section A, Paragraph4 of this article if the teacher or the teacher'ssupervisor disagrees with the method of reportingselected by the team. The growth plan should besubmitted to the supervisor by the end ofSeptember or within thirty (30) days of returningto work. A teacher returning at any time otherthan the start of the school year, or who has achange in assignment, shall submit a growth planwithin thirty (30) days. Those teachers assigned tomore than one building shall coordinate theirgrowth goals with the supervisor at their baseschool. For self-review, teachers keepdocumentation that illustrates progress towardgoals. (See Professional Support File)

Paragraph 4: Focused Staff SupportFocused Staff Support is a voluntary, intensivesystem of support made available directly toindividual teachers or teams. Its purpose is to:

(a) Provide assistance only on the request of theteacher or team.

(b) Provide assistance in terms of the teacher's orteam's needs, expectations, goals and objectives.

(c) Act as a support and resource for the professionalgrowth of teachers or teams helping them todevelop skills to meet customer needs andexpectations.

(d) Respect the teacher's autonomy while encouragingcollegial relationships.

(e) Utilize existing support systems.

Paragraph 5: Professional Support FileThe Professional Support File is a collection ofselected individual work samples that demonstratethe teacher's efforts and progress toward growthgoals. The professional support file belongs to the

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teacher who created it and will be kept by thatteacher who shall have the final decision regardingcontent of the professional file. Quality, notquantity, is emphasized. Examples that might beincluded in a professional support file are:

(a) Verbal and written feedback from customers/colleagues regarding service.

(b) Reports or documents that support progresstoward goals.

(c) Video or audio taping of activities.

(d) Publications/research/improvement teamresults.

(e) A reflective journal.

(f) Staff development activities.

(g) Examples of situations in which teaming withothers helped to make improvements.

Paragraph 6: Staff DevelopmentStaff development consists of a variety of methodsfor individual teachers and groups to growprofessionally. Staff development is intended to:

(a) Help meet teacher growth goals and addresscustomer/colleague needs.

(b) Include inservices, workshop seminars,conferences, study groups, independent study,action research, applied training and leadershipplanning and other strategies as appropriate.

(c) Provide time for thinking and reflecting; not justlearning techniques, skills, and practices.

Paragraph 7: Professional Development CouncilUTW shall oversee the selection of the teachermembers in the Professional DevelopmentCouncil. The Professional Development Councilshall ensure that inservice points are awarded inaccordance with state regulations. For purposesof renewing a certificate or license, the ProfessionalDevelopment Council, in accordance with statelaw and regulations, shall not impose a limit onthe number of professional development pointsthat may be earned so long as such is required bystate law and regulations.

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Section D: Orientation Phase(For probationary teachers)

Paragraph 1: Orientation emphasizes initialemployment, referred to as probationary andnontenured status, and includes two parts;mentoring and required staff development. Theorientation phase is the set of processes andprocedures which are provided to assist newemployees in becoming successful members ofthe Wichita Public Schools, Unified School District259.

Paragraph 2: MentoringMentoring is the systematic provision of acounselor or guide for newly hired personnel.The values of mentoring include the opportunityto build relationships among professionals andthe development of a shared language and a set ofcommon understanding necessary for acclimatingand orienting new teachers to the Wichita PublicSchools procedures and practices.

(a) Work sites will also provide a mentor for eachnew teacher. The mentor and new teacher couldinvolve other personnel as needed to assist inactivities. Up to seven hours of release timeannually may be needed in the orientationcomponent. The mentor must agree to accept thementoring responsibility and receive training.

(b) The mentor will have frequent communicationwith the new teacher and firsthand knowledge ofthe teacher's job performance during the orienta-tion period. The frequency of interactions maydecrease but mentoring should continue to beavailable for the orientation period.

(c) New teachers will be asked to keep a personaljournal of questions, concerns, successes, and feelings to discuss with the mentor at their meetings.The personal journal belongs to the teacher whocreated it and will be kept by that teacher. Thesereflections could drive what resources are neededto assist the new teacher.

(d) Areas of support could include:

(1) Systems information--giving informationrelated to procedures, guidelines, andexpectations.

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(2) Resources--collecting, disseminating orlocating materials or other resources.

(3) Professional information--giving informa-tion strategies related to the new teacher'srole.

(4) Emotional support--through listeningempathetically and sharing experiences.

(5) Advice on scheduling and planning.

(6) Advice on working with internal andexternal customers.

(7) Co-facilitation of improvement planning,conferences, staffings, staff developmentactivities and job shadowing experiences.

(8) Participation in the development of the newteacher's professional growth plan. Out-comes from the first year's experiences wouldbe important factors in setting up the goalsfor the following school year.

(e) The supervisor, in collaboration with the newteacher, is responsible for identifying the mentor.The supervisor is responsible for having firsthandknowledge of the teacher's performance during

the orientation period.

Paragraph 3: Required Staff DevelopmentThere are a number of staff development topicsthat are required of members of the WichitaPublic Schools such as Diversity, Asbestos,Bloodborne Pathogens, Reporting SuspectedChild Abuse, Drug Free Workplace, and SexualHarassment.

Section E: Plan of Assistance(For third-year teachers and beyond)

Paragraph 1: The entire professional growth process isdesigned to be beneficial to the teacher and theorganization in order to best meet the needs ofcustomers. Through the Continuous Growth Plan,each teacher continues to receive support andassistance throughout his or her career. The Planof Assistance is designed to be helpful. It isinitiated when other means of the assistiveprocess have not been successful and the

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supervisor determines that the teacher needsadditional assistance and support to maintain orachieve an acceptable level of performance. Ananalysis will be completed by the teacher,supervisor, and possible other resources todetermine if the concern(s) are related to thesystem, personal-life situations, a need for training,skill development, or other reasons. Thesupervisor and teacher will develop the plan ofassistance. The plan includes:

(a) Statement or definition of concern(s).

(b) Measurable expectation(s) for acceptableperformance.

(c) Individualized plan for improvement.

(d) Resources to be committed by employer andteacher such as personalized staff development,correspondence, etc.

(e) Specific timelines with scheduled review datesand recommended progress checks on six- tonine-week intervals.

(f) Assessment of progress: re-enter the ContinuousPlan, continue the Plan of Assistance withadjustments/modifications, or move into thetermination process.

Paragraph 2: The supervisor reviews the teacher'sperformance through the Plan of Assistance todetermine the extent of improvement. Uponcompletion of this Plan, the supervisorrecommends that the teacher re-enters theContinuous Growth Plan, continues the Plan ofAssistance, or moves into the termination process.In summary, the Plan of Assistance is designed toprovide a structured format to identify concern(s),develop a plan of action to address the concern(s),motivate and provide assistance and feedback onactivities, and assist the teacher toward theprofessional growth cycle or career change.

Section F: Continuous Improvement

Paragraph 1: The Staff Quality Improvement System willbe reviewed annually to determine if the processesand procedures are meeting the guiding principlesin Section A of this article and the needs andexpectations of system customers. Improvementswill be based on customer feedback. The Staff

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Quality Improvement System Committee shallcontinue to function as part of the annual reviewprocess. The Staff Quality Improvement SystemCommittee shall be comprised of equal numbers ofpersons appointed by SEIU, persons appointed byUTW and persons appointed by the Superintendent.A UTW member shall serve as chair or co-chair ofthe committee. Release time shall be provided to allcommittee members.

Section G: Peer Consultant Program

Paragraph 1: The Peer Consultant Program representscollaboration between the Wichita Public Schoolsand the United Teachers of Wichita to provideassistance to new teachers in the district. Theprimary goal of the program is to provide help toteachers entering the profession to move theirperformance to a level of quality that providessuccess for all students.

Paragraph 2: There shall be a Governing Board thatwill consist of four (4) members selected by UTWand three (3) members selected by theSuperintendent or designee. In addition, therewill be two (2) alternates selected; one by UTWand one by the Superintendent or designee. TheGoverning Board will determine all specific detailsof the program and generally manage theprogram. The Governing Board will be co-chairedby one UTW representative and one memberselected by the Superintendent or designee. Aminimum of five (5) votes shall be necessary forthe Board to make decisions.

Paragraph 3: There shall be at least four (4) consultingteachers for the 2006-07 school year. The GoverningBoard shall select the consultants. Selected teacherswill demonstrate outstanding classroom teachingability, be skilled in written and oralcommunication, and possess the ability to workcooperatively and confidentially with others. Eachconsulting teacher shall be a current classroomteacher with a minimum of five (5) years in USD259. The consulting teacher will serve a one-yearterm with the possibility of serving threeconsecutive years unless another arrangement isagreed to by the Peer Consultant GoverningBoard. The Governing Board will conduct anannual review of each consulting teacher. Theconsulting teachers will serve in this capacity ona full-time basis with addendum days.

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Paragraph 4: Each consulting teacher will be expectedto serve no more than fifteen (15) new teachers.The Governing Board may adjust the numberafter discussions with the consulting teacher.Consulting teachers will assist in new stafforientation, workshops, and graduate level coursework as deemed appropriate by the GoverningBoard.

ARTICLE XVI: SCHOOL BUILDING COMMITTEE

Section A: Purpose

Paragraph 1: The purpose of the School BuildingCommittee shall be to identify problems at thebuilding level and to work in an advisory capacityto the principal toward acceptable solutions. TheSchool Building Committee shall involve itselfin:

(a) Problems relating to rules, procedures, policies,safety and security of pupils and teachers withinthe building, and any other matters pertaining tothe operation of the school.

(b) The planning, implementation, and evaluation ofauthorized building-based inservice programs.

(c) Planning for those meetings involving pupils,parents, and community patrons.

(d) The use of building staff allocation andscheduling.

(e) Discussions and recommendations for revisionsto the school discipline plan prior to its adoptionand publication by the building principal.

Section B: Organization

Paragraph 1: A School Building Committee shall beorganized at each school attendance center asdesignated by this Article.

Paragraph 2: Membership of the School BuildingCommittee shall consist of the following:

(a) Chairperson

(1) The UTW Professional Representative (ProRep) or his/her designee shall serve aschairperson.

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(2) If the Pro Rep/designee declines to bechairperson, the committee shall elect achairperson.

(b) The principal

(c) Teachers elected by and from the teachers basedat the building

(1) The number of committee members, inaddition to the chairperson, principal andthe classified member, shall be based on thefollowing school enrollment:

Number of

Enrollment Members

400 or fewer 3401 to 800 5801 to 1200 7

1201 to 1600 91601 to 2000 112001 or more 13

(d) At least one teacher who is a member of the SchoolBuilding Committee shall be appointed by thebuilding principal to serve on the site council.

Paragraph 3: Election of the School Building Committeeshall be as follows:

(a) The election shall be conducted by the UTW or itsdesignee prior to September 10 of each year.

(b) All teachers assigned to the building shall beeligible to vote.

(c) The elected members shall serve until a newcommittee is elected the following year.

(d) One classified staff member shall be elected toserve on the committee and will be elected by theclassified members assigned to the building.

Paragraph 4: Committee members shall be reported bySeptember 20 of each year by the chairperson tothe UTW.

Section C: Bylaws

Paragraph 1: Each School Building Committee shallannually adopt its own bylaws subject toratification by the teachers based at the building.Such bylaws shall include, but not be limited to:

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(a) A procedure for nomination of committeemembers.

(b) A procedure for election of committee membersby secret ballot before September 10 of each year.

(c) A procedure for the selection of officers other thanthe chairperson.

(d) A procedure for filling committee vacancies.

(e) A procedure for calling meetings, which shall beheld at least once a month during the school year.

(f) A procedure for setting of an agenda.

(g) A procedure for notifying teachers of buildingmeetings, place, date and agenda.

(h) Provisions for school patrons, including pupils,or other citizens residing in the school attendancearea to suggest items for the agenda and, subjectto reasonable regulations of the committee, tomeet with the committee to discuss items ofconcern.

(i) A procedure for distributing minutes followingeach meeting.

Paragraph 2: The current bylaws adopted by the SchoolBuilding Committee and ratified by the teachersshall be filed with the UTW.

Section D: General Rules

Paragraph 1: Any teacher may submit to any committeemember in the building, a written statement,signed or unsigned, of a problem for consider-ation by the committee, which shall be placed onthe agenda for the next meeting.

Paragraph 2: Any item may be placed on the agenda byany committee member, including informalrequests by another teacher.

Paragraph 3: Individual teachers may have a hearingbefore an ad hoc subcommittee of his/her choicefor data input prior to consideration of a regularSchool Building Committee meeting.

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Paragraph 4: The principal may provide the SchoolBuilding Committee with secretarial services asmay be available and agreed upon by the principaland the committee.

Paragraph 5: All School Building Committee meetingsshall be open to teachers of the building.

Paragraph 6: No provision of this Article is to beinterpreted in a fashion that would abridge therights of any individual as established in thisagreement or the statutory rights orresponsibilities of the Superintendent or the Board.

Paragraph 7: The principal shall provide reports to theSchool Building Committee upon requestregarding the activities of any committee whichis in part or wholly composed of teachers that isappointed by the principal and which does notdeal with confidential matters.

Section E: Teacher Governance Model

Paragraph 1: The Board and UTW agree that the TeacherGovernance Model which existed during the2001-02 school year and first established in the1992-93 school year may be an acceptable methodof delivery of educational services upon meetingcertain agreed upon criteria. This criteria wouldbe similar to the criteria which existed during the2001-02 school year. This criteria shall bedetermined no later than September 15 of eachschool year should there be a recommendation byeither party to have a Teacher Governance schoolfor the following school year.

Paragraph 2: The Board and the UTW agree to meet nolater than October 15 of each year to determine thenumber of Teacher Governance schools for thefollowing year.

Paragraph 3: Once established, a Teacher GovernanceModel school will be discontinued only in suchcircumstances that would cause a principal to beremoved from that school or upon mutualagreement of the Board and UTW.

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ARTICLE XVII: UTW RIGHTS

Section A: Exclusive Rights

Paragraph 1: Exclusive RecognitionThe Board recognizes the UTW for the purposes ofnegotiations as the exclusive representative of theteachers bargaining unit.

Paragraph 2: Exclusive RepresentationThe UTW shall participate in negotiations withthe Board as the exclusive representative of allteachers in the teachers bargaining unit.

Paragraph 3: Exclusive Use of Temporary LeaveFor Negotiation Activities

Only teachers designated by the UTW shall begranted the use of temporary leave for the purposeof engaging in negotiations with the Board. Suchleave shall be granted in accordance with thepolicy of the Board.

Section B: Non-Exclusive Rights

Paragraph 1: Non-exclusiveNothing in this Section shall be construed to limitthe Board from granting the same or similarrights to others.

Paragraph 2: Use of FacilitiesUTW shall have the rights afforded to teachers inArticle XI, Section A, Paragraph 1, and Section C,Paragraph 1, subject to the procedures set forth inSection D. UTW shall have the rights affordedteachers in Article XI, Section E subject to theconditions set forth in said section.

Paragraph 3: Use of Cablevision ChannelsUTW, subject to the following, shall have the rightto use the Board's cable television channels. Suchuse shall be limited to presenting material of aneducational nature and purpose and such use shallbe approved, arranged, or denied through theDivision Director of Marketing andCommunications or designee. The decision toapprove or deny material presented forbroadcasting shall rest with the Division Directoror designee at the Division Director's or designee'ssole discretion. The Division Director or designeeshall have the right to place time limits on materialthat is approved and to schedule the time such

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material is to be broadcasted. In no event willmaterial be approved for broadcasting which, inthe opinion of the Division Director or designee,would be damaging to the labor/managementrelationship. Decisions rendered by the DivisionDirector or designee pursuant to this paragraphare not subject to the grievance procedure.

Paragraph 4: Open RecordsUpon written request from UTW, the Board shallprovide UTW public information that is requiredto be disclosed under the Kansas Open RecordsAct. Such information shall be furnished or madeavailable within a reasonable time only in theform available. UTW shall not use such publicinformation obtained from the Board forcommercial purposes.

Paragraph 5: UTW Access to Board MeetingsA place shall be reserved on the agenda of eachregular meeting of the Board of Education formatters that the UTW wishes to present to theBoard of Education.

Paragraph 6: Temporary LeaveTeachers who are members of UTW, at the requestof UTW, shall be granted leave to participate incertain UTW activities subject to and in accordancewith policies of the board and administrativeguidelines.

Paragraph 7: MeetingsMeetings to exchange ideas, offer suggestions,discuss policies and other subjects of mutualinterest between Board representatives and UTWand/or its representatives will be held at mutuallyagreeable times and places at the request of any ofthe above-named parties.

Paragraph 8: E-MailThe UTW president shall be provided the sameaccess that teachers have away from school toOutlook or whatever other communicationssystem the district may then be using, subject tothe UTW President signing the same consent thatteachers sign including signing any update theretoand subject to the president complying with alldistrict rules and policies regarding use of thedistrict communications system.

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ARTICLE XVIII: REDUCTION AND RECALL

Section A: General

Paragraph 1: The teaching staff may be reduced bylayoff at the discretion of the Board.

Paragraph 2: The greatest possible reduction in teach-ing staff shall be accomplished through attrition.

Paragraph 3: The reduction may be applied to allteachers or to only some group or groups thereof.The reduction shall be applied to the largest groupor groups of teachers which may be reasonablyconsidered. The Superintendent, subject to Boardapproval and after consultation with the UTWpresident, shall determine the group or groups ofteachers from which the reduction shall be made.

Section B: Selection

Paragraph 1: Within each specified group, teachers shallbe selected by the Human Resources Division forlayoff in the following order:

(a) Teachers whose positions have been eliminatedand who are not qualified to fill any vacantteaching position.

(b) Probationary teachers.

(c) Nonprobationary teachers who are on adisciplinary Plan of Assistance.

Paragraph 2: Within each subparagraph above, if two ormore teachers are otherwise equally eligible forselection, teachers with shorter lengths of currentemployment will be selected before those withlonger lengths. If two or more teachers remainequally eligible for selection, the order of selectionof those teachers shall be decided through applyingunbiased procedures developed and directed bythe Human Resources Division.

Paragraph 3: Length of current employment shall bebased on the date of employment specified by thePersonnel data base.

Paragraph 4: Only those assessments forwarded to theHuman Resources Division prior to an earlierdate specified by the Superintendent will beconsidered in the implementation of this Article.

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Paragraph 5: Any individual(s) within a specified groupwho is on or has requested an extended leave orsabbatical shall be eligible for selection for layoffunder the conditions set forth herein.

Paragraph 6: As teachers are selected for layoff, theirnames shall be placed on a list in the order of theirselection. A copy of the list shall be given to theUTW in a timely manner. If the UTW does notobject in writing to the order of selection withinfive (5) days of receipt of the list, the list shall befinal. If the UTW objects in writing to the order ofselection within five (5) days of receipt of the list,said objection shall be in the form of a grievanceinitially filed at Level Two of the GrievanceProcedure and shall be processed accordingly.

Section C: Notice

Paragraph 1: Any teacher who is to be recommended forlayoff shall be notified in writing at least thirty (30)days prior to the proposed effective date of suchlayoff and a copy of the notice shall be given to theUTW. Such notice shall include:

(a) The basis for the initial decision for teaching staffreduction.

(b) The reason(s) for the selection of the individualteacher.

(c) A copy of this Article.

(d) Notice to the individual teacher of an opportunityto respond.

Section D: Rights

Paragraph 1: After implementing such a reductionprocedure, the list of names of laid off teachersshall be maintained for two (2) years.

Paragraph 2: Any teacher who has been so laid off shallno longer be considered an employee and shallhave no employee rights or benefits other thanthose required by law or by this agreement.

Paragraph 3: Any teacher who has been so laid off mayretain membership in the Board provided healthcoverage plan. However, the Board shall make no

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contribution and the teacher must make advancearrangements for payment of premiums with theBusiness/Financial Services Division.

Paragraph 4: It is the responsibility of the listed laid offteachers to keep the Human Resources Divisioninformed of their current address and any changesin teaching qualifications.

Paragraph 5: If a teacher vacancy occurs within two (2)years for which any teacher named on the listqualifies, the position shall be offered to theteacher whose name was most recently placed onthe list and who meets the qualifications of theposition as stated on the job description prior tothe occurrence of the vacancy. However, the Boardis not obligated to offer any teacher a position ofgreater full-time equivalency than that teacherhad when he/she was laid off. The usualemployment procedures will be followed indetermining fitness for recall.

Paragraph 6: If any teacher named on the list waivesrecall rights in writing, fails to accept recall to aposition for which the teacher is qualified, failsto respond within ten (10) days to a recall notice sentto the latest address which the teacher has furnishedto the Human Resources Division, or fails to reportfor duty in the accepted position, the name of suchteacher shall be removed from the list and suchteacher shall have no further recall rights.

Paragraph 7: Any teacher who is recalled shall regain allemployment benefits to which he/she was entitledat the time of layoff. However, no benefits may beaccrued during the period of unemployment andthe teacher shall be subject to all changes inemployment conditions which have been madein the interim.

Paragraph 8: Any teacher who has been so laid off mayapply for assignment as a substitute teacher.

Paragraph 9: No layoff covered under this Article shallbe considered a termination or nonrenewal underK.S.A. 1979 Supp. 72-5436, et. seq. or K.S.A.72-5411. However, application of this Article shallbe subject to the grievance procedure.

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ARTICLE XIX: GRIEVANCE PROCEDURE

Section A: Purpose and Definitions

Paragraph 1: The purpose of this grievance procedureshall be to resolve good faith differences of opinionregarding the interpretation or application of thisagreement.

Paragraph 2: Grievance: Any alleged violation ormisapplication of this agreement or Board Policy5112 including Administrative ImplementalProcedures.

Paragraph 3: Grievant: A teacher who has filed agrievance or, in the case of a group grievance, theUTW.

Section B: Time Limitations

Paragraph 1: The time limitations specified at each levelmay be extended by mutual agreement betweenthe grievant or his/her representative and theSuperintendent or designee.

Paragraph 2: When the term “days” is used herein,unless otherwise specified, it shall mean contractdays during the school year and calendar daysbetween school years.

Section C: Informal Level

Paragraph 1: Prior to filing a grievance in writing andwithin fourteen (14) days after the occurrence ofthe event upon which it is based, the grievant andhis/her representative, if any, shall attempt toresolve the matter informally by requesting ameeting with the immediate supervisor. Such ameeting shall be held within seven (7) days afterthe request is made.

Paragraph 2: Lack of adherence to informal level remedyshall retain grievance status.

Section D: Level One

Paragraph 1: If the matter is not resolved informally tothe satisfaction of the grievant, the grievancemust be filed in writing with the grievant'simmediate supervisor within seven (7) days afterthe first informal meeting and a copy of suchgrievance shall be forwarded to the UTW'sPresident or designee and the Superintendent ordesignee.

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Paragraph 2: Within seven (7) days after receiving theLevel I grievance, the immediate supervisor may,at his/her option, hold a discussion meeting withthe grievant and his/her representative, if any.Within seven (7) days after the discussion meeting,if one is held, or within seven (7) days after thegrievance is filed in writing, the immediatesupervisor shall make a decision in writing,together with the supporting reasons. Copiesshall be forwarded to the grievant, the grievant'srepresentative, if any, the UTW's President ordesignee and the Superintendent or designee.

Paragraph 3:(a) UTW, as an alternative to the informal level and to

a teacher(s) filing a Level One grievance, may filewith the Superintendent an alternative Level Onegrievance in circumstances where the otherwisegrievant(s) has a genuine concern that the filing ofa grievance might result in retaliation being takenby the grievant’s immediate supervisor. ThePresident of UTW shall verify to theSuperintendent that the person who wouldotherwise file the grievance has a genuine concernthat the filing of a grievance might result inretaliation being taken by the otherwise grievant’simmediate supervisor. It is understood by UTWthat the Board does not tolerate retaliation bysupervisors against persons who file grievancesand UTW agrees that it will cooperate with theSuperintendent regarding the addressing andeliminating of situations where retaliation maybe occurring.

(b) Upon the filing of an alternative Level Onegrievance, UTW shall file a written statement thatsets out the alleged violation or misapplication ofthis Agreement or Board Policy 5112 includingAdministrative Implemental Procedures. If thematter is not informally resolved between theSuperintendent and UTW to the satisfaction of theperson(s) who would otherwise have filed thegrievance within ten (10) days after the grievanceis filed, then the Superintendent and Presidentshall meet at their mutual earliest convenience.Upon such meeting the Superintendent andPresident shall select a neutral person as a hearingofficer to serve on a panel with the UTW Presidentand the Superintendent to decide whether therewas a violation or misapplication of this

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Agreement or Board Policy 5112, includingAdministrative Implemental Procedures. Thedecision of the panel shall be final.

Section E: Level Two

Paragraph 1: Within seven (7) days after receiving thedecision at Level One, the grievant may appeal thedecision in writing to the Superintendent. Thegrievant shall forward copies to the immediatesupervisor, the grievant's representative if any,the UTW’s President or designee, and theSuperintendent or designee.

Paragraph 2: Within fourteen (14) days after receipt ofthe written appeal or a grievance filed at LevelTwo, the Superintendent or designee will meetwith the grievant and/or representative of theUTW and all parties of interest in an effort toresolve the grievance.

Paragraph 3: Within fourteen (14) days after the meetingspecified in Paragraph 2 above, the Superintendentor designee shall make a decision in writing.Copies shall be forwarded to the grievant, theimmediate supervisor, the grievant'srepresentative if any, the UTW’s President ordesignee, and the Superintendent or designee.

Section F: Level Three

Paragraph 1: Within twenty (20) days after receiving thedecision at Level Two, the grievant may appealthe decision of the Superintendent or designee toarbitration. The grievant shall forward copies ofthe request for arbitration to the grievant'srepresentative if any, the UTW's President ordesignee, and the Superintendent or designee.

Paragraph 2: Arbitrations will be heard by a three (3)member panel. Within ten (10) days after thereceipt of the request for arbitration, theSuperintendent or designee and the UTW presidentor designee shall each appoint an arbitrationpanelist. Within twenty (20) days after the twoappointments, the two appointed panelists shallagree on a third panelist. If the two appointedpanelists are unable to agree upon and obtain anagreement from a third party to serve on thepanel, then the Sedgwick County AdministrativeJudge will be contacted and asked to appoint the

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third panelist. The panel shall be notified by ajoint letter from the grievant and the district,requesting that a time and place be set for thehearing subject to the availability of the parties,and the letter shall specify by stipulation the issueto be determined by the arbitration panel. In theevent that the parties are unable to agree on theissue by stipulation after a good faith effort, theletter shall state the proposed issue of each party.

Paragraph 3: The arbitration panel shall have no rightto add to, subtract from, nullify, ignore or modifyany of the terms of this agreement. They shallconsider and decide only the stipulated issuepresented to them in writing by the district andthe grievant, and their decision and award shallbe based solely on their interpretation of theapplication of the terms of the agreement to theissue stipulated. If the parties were unable tostipulate the issue, the panel shall first determinethe issue to be decided as presented by one partyor the other without alteration. If the matterpresented to the panel does not involveinterpretation of the terms or provisions of thisagreement, the panel shall so rule in their awardand shall make no other decision on the issue. Thepanel shall render no award under this agreementwhich shall be retroactive beyond the date of theevent on which the grievance is based. The awardof the panel shall be final and binding upon theBoard, the UTW, and the grievant involved.

Paragraph 4: The arbitration panel so selected shall fixthe time and place for the arbitration and notifythe parties thereof. In any disciplinary grievance,the panel shall have no authority to alter or amendany discipline imposed by the district if the panelfinds either that the district's actions did notviolate the agreement, or that there was just causefor the action.

Paragraph 5: No arbitration decision made hereundershall constitute a binding precedent with respectto any renewal of the existing agreement or themaking of a new agreement between the UTWand the Board. The force and effect of arbitrationdecisions shall expire when the agreement expiresunless the language involved is substantially thesame in the expired agreement and the newagreement.

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Paragraph 6: No decision of the arbitration panel inany one case shall create a basis for retroactiveadjustment in any other case which arose prior tothe date of the written decision of the panel, unlessthe UTW and the district mutually agree otherwisein writing.

Paragraph 7: The fees and expenses of the arbitrationpanel shall be borne by the party which appointedthe panelist. The expenses of the third member ofthe panel are to be paid jointly by the district andUTW. Each party shall be responsible for its ownarbitration expenses. The party producing anywitnesses shall pay the expenses of said witness,if any. Upon request of either party, an officialcourt reporter shall record the proceedings, andthe party making such request shall pay the costof the reporter. If the other party requests a copyof the proceeding, that party shall share equallythe costs of the reporter.

Section G: Rights of Representation

Paragraph 1: At any level of the grievance procedure atthe grievant’s option, the grievant shall berepresented by the UTW, himself/herself, legalcounsel, or another person selected by the grievant.Provided, however, if an attorney is going to bepresent at a Level Two hearing for either theadministration or UTW, the other side will benotified at least three (3) days prior to the hearing.

Paragraph 2: If a grievant is not represented by the UTW,the UTW shall have the right to be present and tostate its views of all levels of the grievanceprocedure.

Section H: General Provisions

Paragraph 1: If a grievance affects a group or a class ofteachers, and at least one affected teacher sodesires, the UTW may initiate and submit suchgrievance in writing to the Superintendentdirectly and the processing of such grievance willcommence at Level Two.

Paragraph 2: If a grievance arises because of an act ofcommission or omission on the part of a memberof the administration at a level above the grievant’simmediate supervisor, the grievant shall submit

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such grievance in writing to the Superintendentand the processing of such grievance willcommence at Level Two.

Paragraph 3: Forms for filing and appealing grievanceswill be prepared and distributed jointly by theSuperintendent and the UTW. The costs ofpreparing such forms shall be borne by the Board.

Paragraph 4: A grievance must be filed on an officialform. In filing a grievance, the grievant shallmake every reasonable effort to state specificallywhat was done, who did it, when it was done, thelanguage which was violated, how it was violated,and the remedy requested. If the form is notcompleted in accordance with this paragraph, thegrievance may be returned to the grievant forcompletion together with a notice regarding theincomplete parts. If the form is then completedand filed within five (5) days, the grievance shallbe considered to be no less timely than it waswhen previously submitted. For purposes ofprocessing the grievance, the filing date shall bethe date the completed form is filed.

Paragraph 5: The confidentiality of the proceedings willbe respected by all parties to the degree that it isconsistent with the procedure described. Thegrievant’s right to continued processing of agrievance filed by him/her shall be conditionedupon there being no deliberate violation of thisconfidentiality by him/her. The publicizing ofthe general issues involved in a grievance whichdoes not permit identification of the participantsshall not be construed as a breach of thisconfidentiality.

Paragraph 6: Nothing contained herein is to be construedas limiting the right of a teacher having a grievanceor an involved administrator to discuss the matterinformally with any appropriate person in aneffort to have the matter adjusted in a mutuallysatisfactory manner, provided that suchadjustment is not inconsistent with the terms ofthis agreement.

Paragraph 7: A decision at any level of the procedure infavor of the grievant may recommend appropriaterestitution or other remedy for the period duringwhich the grievance was suffered but norestitution or remedy shall be retroactive beyondthe date that the grievance was filed.

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Paragraph 8: Any decision rendered at any level of theprocedure which is contrary to this agreement orlaw shall be null and void.

Paragraph 9: If any teacher is required to attend ameeting or hearing called by the Board or thecentral administrative staff, the teacher’simmediate supervisor shall be notified that theteacher is to be released without loss of pay forsuch time as attendance is required for the meetingor hearing.

Paragraph 10: Grievances, grievance appeals, grievancecommunications and grievance findings will notbe filed in the personnel file of any teacher. If sucha grievance file is maintained, it shall be open forinspection by the grievant upon request.

Paragraph 11: Every effort shall be made by all partiesto avoid the involvement of pupils in any phaseof the grievance procedure.

Paragraph 12: No teacher shall be subject to reprisal ordiscrimination by reason of participation or non-participation in the grievance procedure.

Paragraph 13: If a teacher pursues any legal or statutoryremedy for an issue, then any further or subsequentproceedings for relief through the grievanceprocedure shall be barred unless the court oradministrative agency refuses jurisdiction untilall administrative remedies have been exhausted.

Paragraph 14: With the consent of the grievants involvedand the Superintendent or designee, similargrievances may be consolidated and processedtogether as a single grievance. Such consolidationshall not be construed as preventing any grievantfrom appealing a decision to the next level. Onceconsolidated, a grievance may be separated onlywith the consent of the Superintendent ordesignee. However, consolidated grievances shallnot be presented to arbitration without the mutualconsent of the parties involved.

ARTICLE XX:PRINTING AND DISTRIBUTION

The Board shall print copies of this agreement at itsexpense to be distributed to all members of thebargaining unit. The Board shall furnish 250 printed

copies of the agreement to the UTW.

1 2 3 4 58 9 10 11 12

15 16 17 18 1922 23 24 25 2629 30 31

14 5 6 7 8

11 12 13 14 1518 19 20 21 2225 26 27 28 29

1 2 36 7 8 9

13 14 15 16 1720 21 22 23 2427 28 29 30

14 5 6 7 8

11 12 13 14 1518 19 20 21 2225 26 27 28 29

2 3 4 5 69 10 11 12 13

16 17 18 19 2023 24 25 26 2730 31

September 2006M T W T F

August 2006M T W T F

December 2006M T W T F

January 2007M T W T F

1 25 6 7 8 9

12 13 14 15 1619 20 21 22 2326 27 28

2 3 4 5 69 10 11 12 13

16 17 18 19 2023 24 25 26 2730

1 2 3 47 8 9 10 11

14 15 16 17 1821 22 23 24 2528 29 30 31

June 2007M T W T F

February 2007M T W T F

July 2007M T W T F

APPENDIX A

April 2007M T W T F

October 2006M T W T F

November 2006M T W T F

May 2007M T W T F

14 5 6 7 8

11 12 13 14 1518 19 20 21 2225 26 27 28 29

2 3 4 5 69 10 11 12 13

16 17 18 19 2023 24 25 26 2730 31

NOTE: This calendar may be altered at the discretion of theBoard of Education and/or the administration.

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School not in sessionAdministrative offices closedConference Release DaysDistrict inservice daysNew Teacher Orientation

Nonteaching Duty Days

1 2 3 47 8 9 10 11

14 15 16 17 1821 22 23 24 2528 29 30 31

1 25 6 7 8 9

12 13 14 15 1619 20 21 22 2326 27 28 29 30

March 2007M T W T F

( )

)

Wichita Public Schools

2006-07 CALENDAR

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( )

(

( )

( 10 )

( )

( )

( )

)

( )

( )

( )

APPENDIX A

2006-2007 CALENDAR

Month Date

August Orientation for new teachers ................................ 3-7

District inservice (all teachers) ........................... 8-14

First day of school .................................................... 15

Sept. District Inservice Day ................................................ 1

Labor Day Holiday ..................................................... 4

Official beginning enrollment ................................. 20

District Inservice Day .............................................. 2 5

Oct. Nonteaching duty day/End of first grading pd. ..... 13

District Inservice Day .............................................. 1 6

Report cards issued (all levels) ................................ 2 0

Nov. Veterans Day Holiday .............................................. 1 0

Conference Release Day .......................................... 22

Fall Recess ........................................................... 23-24

Dec. Nonteaching Duty Day/End of Semester ............... 21

Winter Recess ............................................... 22-Jan. 2

Winter Recess Holiday ........................ 22 & 25 & 26

Jan. New Year Holiday ...................................................... 1

District Inservice ........................................................ 3

Report cards issued (all levels) .................................. 5

Martin Luther King, Jr. Birthday Holiday ............. 15

Feb. District Inservice ...................................................... 16

Presidents Day Holiday ........................................... 1 9

March Nonteaching duty day/End of third grading pd. .... 1 6

Spring Recess .......................................................19-23

Report cards issued (all levels) ................................ 3 0

April District Inservice ...................................................... 27

Conference Release Day .......................................... 30

May Last day of school .................................................... 2 4

Elementary report cards issued ............................... 24

Nonteaching duty day .............................................. 2 5

Memorial Day Holiday ............................................ 28

June Secondary report cards issues .................................... 1

July Independence Day Holiday ....................................... 4

REPORT PERIODS

Elementary and High School

August 15 through October 13 ........................................ 40 days

October 17 through December 21 ................................... 43 days

January 3 through March 16 ............................................ 48 days

March 26 through May 24 ............................................... 42 days

Total days ......................................................................... 173 days

(Inservice days not counted in grading periods)

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NOTE: This calendar may be altered at the discretion

of the Board of Education and/or the administration.