white salmon ea 2015-2017 final - edl...white salmon cba 2015-2017 – pg 2 assistants to the...

i

COLLECTIVE BARGAINING AGREEMENT between

White Salmon Education Association

and

White Salmon School District No. 405-17

TABLE OF CONTENTS

PREAMBLE ...................................................................................................................... 1

ARTICLE I - ADMINISTRATION ........................ ........................................................ 1

SECTION 1. DEFINITIONS .......................................................................................... 1

SECTION 2. RECOGNITION ....................................................................................... 1

SECTION 3. EMPLOYEES ........................................................................................... 2

SECTION 4. STATUS OF AGREEMENT .................................................................... 3 SECTION 5. INDIVIDUAL CONTRACTS................................................................... 3 SECTION 6. PART-TIME CONTRACTS:.................................................................... 3 SECTION 7. CONFORMITY TO LAW ........................................................................ 5 SECTION 8. DISTRIBUTION OF AGREEMENT ....................................................... 5

ARTICLE II - BUSINESS ............................................................................................... 6

SECTION 1. MANAGEMENT RIGHTS ...................................................................... 6 SECTION 2. ASSOCIATION RIGHTS AND PRIVILEGES ........................................ 6

SECTION 3. DUES DEDUCTIONS AND REPRESENTATION FEE ......................... 7

SECTION 4. AGREEMENT ADMINISTRATION/INTERPRETATION .................... 8

SECTION 5. ASSOCIATION LEAVE .......................................................................... 8

ARTICLE III - EMPLOYEE RIGHTS ..................... ..................................................... 8

SECTION 1. NON-DISCRIMINATION ........................................................................ 8

SECTION 2. DUE PROCESS ........................................................................................ 9

SECTION 3. PERSONNEL FILES ................................................................................ 9

SECTION 4. EMPLOYEE PROTECTION .................................................................. 10 SECTION 5. ASSIGNMENTS, TRANSFERS, PROMOTIONS ................................ 10

SECTION 6. EMPLOYEE TRANSITION ................................................................... 11

SECTION 7. DISPENSING OF MEDICINE ............................................................... 11 SECTION 8. INCLEMENT WEATHER ..................................................................... 12 SECTION 9. EMPLOYEE PROTECTION .................................................................. 12

ARTICLE IV – OBSERVATION/EVALUATION/PROBATION, PROF ESSIONAL GROWTH PLAN ............................................................................................................ 12

SECTION 1. PURPOSE ............................................................................................... 12

SECTION 2. APPLICABILITY FOR EVALUATION PROCESSES ........................ 13

SECTION 3. CLASSROOM TEACHER EVALUATION PROCESS ....................... 14

SECTION 1. EMPLOYEE EVALUATION PROCEDURE ........................................ 25

SECTION 2. PROCEDURES IN THE EVENT OF UNSATISFACTORY PERFORMANCE--PROVISIONAL EMPLOYEES ................................................... 25 SECTION 3. PROCEDURES IN THE EVENT OF UNSATISFACTORY PERFORMANCE--ALL OTHER EMPLOYEES. ....................................................... 27 SECTION 4. EMPLOYEE EVALUATION CRITERIA .............................................. 28 SECTION 5. CERTIFICATED SUPPORT STAFF EVALUATION CRITERIA ....... 31

ii

ARTICLE V - LAYOFF AND RECALL ..................... ................................................ 33

SECTION 1. LAYOFF PROCEDURES. ..................................................................... 33

SECTION 2. PLACEMENT CRITERIA ..................................................................... 34

ARTICLE VI - INSTRUCTION ................................................................................... 36

SECTION L. STUDENT DISCIPLINE ........................................................................ 36

SECTION 2. SAFE WORKING CONDITIONS .......................................................... 36 SECTION 3. CONTROVERSIAL TOPICS ................................................................. 36 SECTION 4. FACILITIES ............................................................................................ 37

SECTION 5. CLASS SIZE ........................................................................................... 37

SECTION 6. CONFERENCING WITH PARENTS .................................................... 37 SECTION 7. STUDENT EMPLOYEES ...................................................................... 38

SECTION 8. CLASSROOM INTERRUPTIONS ........................................................ 38 SECTION 9. IN-SERVICE COMMITTEE .................................................................. 38 SECTION 10. STAFF DEVELOPMENT AND TRAINING ....................................... 38

SECTION 11. STUDENT EVALUATION .................................................................. 38

ARTICLE VII - LEAVES .............................................................................................. 39

SECTION L. GENERAL PROVISIONS ...................................................................... 39

SECTION 2. SICK LEAVE .......................................................................................... 39

SECTION 3. SICK LEAVE CASH OUT ..................................................................... 39 SECTION 4. JOB- RELATED INJURIES ................................................................... 39 SECTION 5. MATERNITY LEAVE ........................................................................... 40

SECTION 6. SICK LEAVE SHARING ....................................................................... 40

SECTION 7. BEREAVEMENT LEAVE ..................................................................... 41 SECTION 8. EMERGENCY LEAVE .......................................................................... 41

SECTION 9. JURY DUTY AND SUBPOENA LEAVE ............................................. 41

SECTION 10. SABBATICAL LEAVE ........................................................................ 42

SECTION 11. ADOPTION LEAVE ............................................................................ 43

SECTION 12. MILITARY LEAVE ............................................................................. 43

SECTION 13. ATTENDANCE AT PROFESSIONAL MEETINGS AND CONFERENCES .......................................................................................................... 44 SECTION 14. OTHER LEAVES ................................................................................. 44

SECTION 15. ANNUAL LEAVE ................................................................................ 45

ARTICLE VIII - FISCAL .............................................................................................. 45

SECTION 1. WORK DAY ........................................................................................... 45

SECTION 2. EMPLOYEE WORK YEAR .................................................................. 46 SECTION 3. ADDITIONAL DAYS ............................................................................ 46

SECTION 4. SCHOOL CALENDAR .......................................................................... 47

SECTION 5. PAYMENT ............................................................................................. 47

SECTION 6. PROVISIONS GOVERNING EMPLOYEE'S SALARY SCHEDULE . 47 SECTION 7. SALARY COMPLIANCE ...................................................................... 49

SECTION 8. EXTRA DUTY PAY .............................................................................. 49

SECTION 9. INSURANCE BENEFITS ...................................................................... 50

SECTION 10. TRAVEL .............................................................................................. 50

SECTION 11: EMERGENCY CLASS COVERAGE .................................................. 50 SECTION 12. NATIONAL BOARD CERTIFICATION............................................. 51

ARTICLE IX - GRIEVANCE PROCEDURE ............................................................. 51

iii

SECTION 1. PROCEDURE ......................................................................................... 51

SECTION 2. ARBITRATION COSTS ........................................................................ 52

SECTION 3. JURISDICTION OF THE ARBITRATOR ............................................. 52 SECTION 4. TIME LIMITS ......................................................................................... 53

SECTION 5. GRIEVANCE AND ARBITRATION HEARINGS ............................... 53

SECTION 6. INDIVIDUAL COMPLAINTS ............................................................... 53 SECTION 7. CONTINUITY OF GRIEVANCE .......................................................... 53

ARTICLE X - DURATION ........................................................................................... 54

SECTION 1. TERM OF AGREEMENT ...................................................................... 54

SECTION 2 RE-OPENERS ......................................................................................... 54

APPENDIX A1 — 2015-2016 SALARY SCHEDULE ................................................ 55

APPENDIX B-1 — EXTRA CURRICULAR SALARY SCHEDULE .. ................... 57

APPENDIX C — GRIEVANCE REVIEW REQUEST FORM ........ ......................... 58

APPENDIX D — OBSERVATION/FINAL EVALUATION REPORT CLASSROOM EMPLOYEE ......................................................................................... 59

APPENDIX E – CEL 5D+ TEACHER EVALUATION RUBRIC 2.O BY WASHINGTON STATE CRITERIA ........................................................................... 69

APPENDIX F – TEACHER EVALUATION – STUDENT GROWTH GO AL SETTING ......................................................................................................................... 87

White Salmon CBA 2015-2017 – pg 1

PREAMBLE

This contract made and entered into this 1st day of September 2015,

by and between the White Salmon Education Association, Inc., and

the Board of Directors of White Salmon Valley School District #405-

17 acting by and through its Superintendent and Board of

Directors. Words denoting gender shall be deemed to include both

the masculine and feminine, and words denoting number shall

include singular and plural unless the context in which they are

used clearly indicates other usage was intended.

ARTICLE I - ADMINISTRATION

SECTION 1. DEFINITIONS

A. District/Board shall mean the White Salmon Valley School District No. 405-

17, County of Klickitat, State of Washington.

B. Association shall mean the White Salmon Education Association, which is

affiliated with the National Education Association and with the Washington

Education Association.

C. Parties shall mean the District and the Association as co-signers of the

Agreement.

D. Agreement shall mean the Collective Bargaining Agreement signed by the

parties.

E. Employee shall mean a member of the bargaining unit.

F. Day shall mean school day except during summer when it shall mean

weekday except holiday.

G. Superintendent shall mean the chief administrator of the District.

H. President shall mean the presiding officer of the Association.

I. Contract shall mean the individual written contract issued to each employee.

J. Act shall mean RCW 41.59, the Educational Employment Relations Act.

K. SPI shall mean the Office of the State Superintendent of Public Instruction.

L. PERC shall mean the Public Employment Relations Commission.

SECTION 2. RECOGNITION

Pursuant to current statute (RCW 41.59), the employer hereby recognizes the

Association as the sole and exclusive bargaining representative for all certificated

employees. Such representation shall exclude the Superintendent, administrative


assistants to the Superintendent, business manager, vice-principals, principals

and any other confidential employees.

SECTION 3. EMPLOYEES

A. The Board recognizes the Association as the exclusive bargaining

representative for all full-time and part-time certificated employees whether

under contract or on leave and employed by the Board. Employees working

under a valid contract within the District as follows:

1. Regular Full-Time Employee: A regular full-time employee is an

employee who is employed for a full work day under a continuing

individual contract and works at least one hundred eighty (180) days per

year. A regular full-time employee is entitled to all coverage of all the

terms and conditions of this Agreement.

2. Regular Part-Time Employee: A regular part-time employee works

under a continuing individual contract but works less than a full work day

or less than one hundred eighty (180) days per year. A regular part-time

employee is entitled to coverage of the provisions of this Agreement,

except benefits shall be prorated for a part-time employee as compared to

a full-time employee.

3. Replacement Employee: Replacement employee shall mean an employee

who replaces a regular full-time or regular part-time employee who has

been granted a leave. Replacement employees shall be issued a non-

continuing individual contract with a date certain when it will end.

Replacement employees shall be entitled to all coverage of all terms and

conditions of this Agreement except Article V—Layoff and Recall.

B. Employees who are not under valid contract but who are entitled to

recognition as members of the bargaining unit are temporary employees

which meet the definition of long-term substitutes as set forth below:

1. Long-term Substitute: A long-term substitute is a person who is

temporarily employed but works more than twenty (20) consecutive days

in one assignment. Upon completion of twenty (20) consecutive days in

one assignment, the person shall be considered a long-term substitute and

an employee within the bargaining unit upon the twenty-first (21)

consecutive day of employment and compensation will be paid according

to the state-wide salary schedule and their experience placement. The long-

term substitute shall be covered by the following provisions of this

agreement: Article II, Section 3. and Article VII, Section 2 (sick leave must

accrue).


SECTION 4. STATUS OF AGREEMENT

A. Any individual contract between the District and individual employee shall

be subject to and consistent with the terms and conditions of this Agreement.

If an individual contract contains any language inconsistent with this

Agreement, this Agreement during its duration shall be controlling.

B. This Agreement shall become effective when ratified by the Board and

Association and executed by authorized representatives thereof and may be

amended or modified only with mutual consent of the parties. Specific

provisions of this Agreement may be opened for re-negotiation during its

term by mutual agreement only.

C. This Agreement shall supersede any rules, regulations, policies, resolutions,

or practices of the District which shall be contrary to or inconsistent with its

terms.

SECTION 5. INDIVIDUAL CONTRACTS

A. All individual employee personal service contracts shall be subject to and

consistent with Washington State law and the terms and conditions of this

Agreement. If any individual employee personal service contract contains any

language inconsistent with this Agreement, this Agreement during its

duration shall be controlling.

B. Individual contracts for employees of the District shall be issued before June l

and shall be returned within fifteen (15) calendar days. Three (3) copies of the

contract shall be given to the employee each year for signature. One (1) copy

is retained by the employee at the time of signing; two (2) copies are

forwarded to the District office to be signed by the Board. One (1) of these

copies is then placed on file in the Superintendent's office, and the second

copy returned to the employee. There shall be a supplementary employee

contract for specified extracurricular and special assignments which shall not

exceed one (1) year and shall be in accordance with statutory provisions.

SECTION 6. PART-TIME CONTRACTS:

PROVISIONS FOR JOB SHARING AND OTHER PART-TIME SITU ATIONS THAT FRACTIONALIZE CERTIFICATED INSTRUCTIONAL PERSO NNEL (FTE) POSITIONS. A. Position Determination

1. When mutually agreed among two (2) employees, the building principal,

and the Superintendent , two (2) employees may divide one (1) contracted

position (FTE) within the bargaining unit. The District will arrange the said

job share when:

a. The District can identify some clear advantages to the District for

utilizing such an arrangement, and/or


b. The District does not identify any clear disadvantages from a proposed

fractionalization of an FTE unit. The fractionalization of an FTE position

must not result in substantially increasing the costs to the District for

salary and benefits in excess of its average cost of funding an FTE.

2. Job-share assignments must be opened to members of the bargaining unit if

they are not filled by current members within a particular building. If it is

not filled by current bargaining unit members, the District will follow its

usual procedure for filling vacant positions.

3. The District will review job share annually and may terminate the

arrangements at any time. It may be abolished:

a. At the end of each school year.

b. When a fraction of an FTE employee must be increased during a school

year because a change in circumstance occurs.

c. If one-half of a job-sharing pair departs the scene and another suitable

replacement cannot be immediately located.

d. If the job-sharing partners find they are incompatible and/or one (1)

leaves the District or takes unpaid leave and it is not convenient for the

District to make other suitable arrangements.

e. If the District has need to discipline or terminate the sharing

arrangement because one (1) or both persons are not complying with

their prior written agreement as to how they will handle responsibilities.

B. Employee Orientation

1. The District will provide to the employees A Beginning the Year Checklist

requiring each job-share employee to reach consensus on the procedures

and responsibilities for each item on the checklist.

2. An individual's advancement on the salary schedule steps may be at least

biannual and often more years apart depending on the proportion of

teaching performed.

3. Eligibility for retirement credit may be limited during those years pursuant

to state teachers' retirement system provisions.

4. An individual may be required to change to full-time employment at any

time for "urgent needs" of the District, i.e., student enrollment change,

space situations, etc.

5. Individuals proposing to enter into a job-sharing arrangement will prepare

a signed written agreement. It will stipulate how each individual will

handle each and all of the duties and responsibilities of the position being

divided. After reviewing the proposed plan, the building principal will


sign and comment in writing his approval or disapproval. The plan will be

presented to the Superintendent for final approval/disapproval.

6. Whenever possible, job-sharing employees will be given first opportunity

to act as substitute teachers for one another at the regular substitute rate.

C. Compensation-Computations

1. Each individual on a part-time assignment will be compensated

proportionately to daily student contact time. A teacher is paid an amount

proportionate to actual time served with students and based on his/her

placement on the basic salary schedule. A preparation period during a

teaching day is not recognized for purposes of compensation.

2. Advancement of one (1) step on the salary schedule will require a

minimum of 50% an FTE of service. Part-day and part-year service may be

accumulated over several school years to qualify for advancement on the

schedule.

3. Group insurance benefits will be offered in direct proportion to the time

spent teaching, with a minimum 50% FTE to participate in the program.

4. Emergency/sick leave, personal leave and other economic benefits will be

computed in proportion to the individual's percent of the FTE

computation.

SECTION 7. CONFORMITY TO LAW

This Agreement shall be governed and construed according to the Constitution

and laws of the State of Washington. If any provision of this Agreement or any

application of this Agreement to any member of the bargaining unit covered

hereby shall be found contrary to law, such provisions or applications shall be

void and the rest of the Agreement shall continue in full force and effect.

SECTION 8. DISTRIBUTION OF AGREEMENT

A. Within a reasonable time, not to exceed forty-five (45) days following

ratification and signing of this Agreement, the Association shall print and

distribute a copy to each employee. Thirty-five (35) additional copies shall be

printed, twenty (20) copies for the District and fifteen (15) copies for the

Association. The Association will be provided with a copy of the Agreement

on computer disk.

B. All new employees shall be provided with a copy of the Agreement by the

District upon issuance of the teaching contract.

C. The cost of the above printing and distribution of this Agreement shall be

borne by the District and the Association.


D. The format and quality of the contract shall be determined by mutual

agreement. The final draft copy shall be approved by the Chief Negotiator for

each side prior to the printing.

E. There shall be two (2) signed copies of the final Agreement for the purpose of

records. One (1) shall be retained by the District and one (1) by the

Association.

ARTICLE II - BUSINESS

SECTION 1. MANAGEMENT RIGHTS

The Board has the right and obligation to manage and conduct the operation of

the school district within its legal limitations and to adopt, repeal or modify

policies, rules and regulations insofar as such actions are not in violation of the

terms of this Agreement.

SECTION 2. ASSOCIATION RIGHTS AND PRIVILEGES

A. Information. Upon request the Board agrees to furnish to the Association

public information at the same cost charged to the community.

B. Release Time for Meetings. Whenever any representative of the Association

or any employee participates during working hours in any mutually agreed

upon negotiations, conferences, or meetings, he/she shall suffer no loss in pay.

C. Use of School Building. With the approval of the building principal, the

Association and its representatives shall have the right to access the school

buildings for organizational purposes provided there is no interference with

the regular school program. The principal of the building in question shall be

notified of Association presence.

D. Use of School Equipment. The Association shall have the right to use school

facilities and equipment, calculating machines, and all types of audio-visual

equipment with the prior approval of the Superintendent or his designee at

reasonable times, when such equipment is not otherwise in use. The

Association shall pay for the reasonable cost of all materials, supplies and

repairs incidental to such use.

E. Bulletin Boards. The Association shall have access to a bulletin board in each

faculty lounge. All posted materials shall contain the name of the originator.

F. Mail Facilities and Mail Boxes. The Association shall have the right to use

the inter-school mail facilities and school mailboxes. All materials shall

contain the name of the originator.

G. School Board Meetings. The Association shall have the opportunity to

suggest items for the Agenda.


SECTION 3. DUES DEDUCTIONS AND REPRESENTATION FEE

A. On or before August 25 of each school year, the Association shall give written

notice to the Board of the dollar amount of dues and assessments to the

Association, including the National Education Association and the

Washington Education Association, which dues and assessments are to be

deducted in the coming school year. The total for these deductions shall not

be subject to change during the school year.

B. The deductions authorized shall be made in twelve (12) equal amounts from

each paycheck beginning the pay period in September through the pay period

in August of each year. The Board agrees promptly to remit directly to the

Washington Education Association all monies so deducted, accompanied by a

list of employees from whom the deduction has been made. A duplicate list

upon request shall be promptly provided the Association as receipt for said

transaction.

C. Employees who commence employment after September or terminate before

June shall have their deductions prorated at one-twelfth (1/12) of the total

amount for each month the employee is employed.

D. MEMBERSHIP DEDUCTIONS. Within ten (10) days of their employment,

employees may sign and deliver to the Board an Assignment of Wages form

which is attached hereto and incorporated in this Agreement, which form

shall authorize deduction of membership dues and assessments of the

Association (including the Washington Education Association and the National

Education Association).

E. REPRESENTATION FEES. (Reference RCW 41.59.100) No member of the

bargaining unit will be required to join the Association; however, those

employees who are not Association members but are members of the

bargaining unit will be required to pay a representation fee to the Association.

The amount of the representation fee will be determined by the Association

and transmitted to the Business Office in writing. The representation fee shall

be an amount less than the regular dues for the Association membership in

that non-members shall be neither required nor allowed to make a political

(WEA/PAC or NEA/PAC) deduction. The representation fee shall be

regarded as fair compensation and reimbursement to the Association for

fulfilling its legal obligation to represent all members of the bargaining unit.

(Reference RCW 41.59.090)

1. In the event that the representation fee is regarded by an employee as a

violation of their right to non-association, such bona fide objections will be

resolved according to the provisions of RCW 41.59.100, or PERC.


2. The Association agrees to defend and hold the District harmless against

any legal action brought against the District in reference to the

Representation Fee Deduction.

SECTION 4. AGREEMENT ADMINISTRATION/INTERPRETATION

Upon mutual agreement of the parties, the Association officials and District

administrators shall meet to discuss problems relating to the interpretation or

compliance with this Collective Bargaining Agreement. When a request is made,

this meeting shall be held within a reasonable amount of time.

SECTION 5. ASSOCIATION LEAVE

A. Twenty (20) days of Professional Leave shall be provided for Association

business. This applies to members of the Association for meetings or

conferences, or negotiations when mutually agreed to, or other Association

business. The twenty (20) days shall be provided for the total staff, and this

provision shall not be interpreted to mean that twenty (20) days leave may

apply to each Association officer or staff member.

B. Requests for leave shall be submitted in writing by the President to the

Superintendent two (2) days before the leave is to take effect.

C. The Superintendent shall acknowledge receipt of the request to the President,

the principal and the employee taking such leave. The principal shall be

responsible for securing a substitute when necessary and the cost of the

substitute shall be paid by the Association. The certificated employee shall

suffer no loss of any other benefits.

ARTICLE III - EMPLOYEE RIGHTS

SECTION 1. NON-DISCRIMINATION

A. There shall be no illegal discrimination against any employee or applicant for

employment by reason of race, creed, color, marital status, sex, age, national

origin, or because of his membership in employee organizations. The District

will not illegally discriminate against any employee with respect to hours,

wages or any terms or conditions of employment by reason of his

membership in the Association; his participation in any lawful activities of the

Association or collective negotiations with the Board; of his institution of any

grievance, complaint or proceeding under this Agreement; or otherwise with

respect to any terms or conditions of employment.

A. The employees shall be entitled to full rights of citizenship and no legal

religious or political activities of any employee outside of the classroom shall

be grounds for any discipline or discrimination with respect to the

professional employment of such employee.


SECTION 2. DUE PROCESS

A. No employee will be disciplined without just cause. An employee has the

right to have a representative from the Association and/or counsel present.

B. The District agrees to follow a policy of progressive discipline, and any

disciplinary action taken against an employee shall be appropriate to the

behavior or situation which precipitated the action. Progressive discipline

steps are:

1. Verbal warning

2. Written reprimand

3. Suspension with pay

4. Suspension without pay

5. Discharge or nonrenewal

C. Any complaint made against an employee by a parent, student, or other

person will be promptly called to the attention of the employee, within five

(5) days from the time the administration is made aware of the situation. Any

complaint not called to the attention of the employee may not be used as the

basis for any disciplinary action against the employee. No such complaint

may be used against the employee for any purpose whatsoever unless the

employee has signed a written record indicating she/he received notice of the

complaint.

D. Any criticism of any employee by a supervisor, administrator, or other agent

of the employer shall be made in confidence and never in the presence of

students, parents of students, other employees, or at public gatherings. All

critiques made shall be confidential.

SECTION 3. PERSONNEL FILES

A. Employees or former employees shall upon request have the right to inspect

all contents of their complete personnel file kept within the District as well as

employment references leaving the District. Upon request, a copy of any

document contained therein shall be afforded the employee at District

expense. No secret, duplicate, alternate or other personnel file shall be kept

anywhere in the District. A separate file for processed grievances shall be kept

apart from the employee's personnel file. Anyone, at the employee's request,

may be present in this review.

B. Each employee's personnel file shall contain the following minimum items of

information: all employee's evaluation reports, copies of annual contracts,

teaching certificate, a transcript of academic records.

C. No evaluation, correspondence or other material making derogatory

reference to any certificated employee or former employee's competence,

character, or manner shall be kept or placed in the personnel file without the


employee's knowledge and exclusive right to attach his own written

comments.

D. Upon request by the employee, the Superintendent or his official designee

shall sign an inventory sheet to verify the content of the personnel file at the

time of inspection of said employee.

SECTION 4. EMPLOYEE PROTECTION

A. The District shall provide liability insurance as set forth in RCW 28A.400.370

covering injury to employees and their property, and insurance protecting

employees from loss or damage of their personal property incurred while

engaged in the maintenance of order and discipline and the protection of

school personnel and students, and the property thereof while acting within

legal scope of their responsibilities by such employees.

B. Any case of an assault upon an employee shall be promptly reported to the

designated District representative. The Board will render assistance to the

employee in connection with handling of the incident by law enforcement

authorities.

C. Employees (“Teachers”) will be informed of potential and/or documented

behavior problems concerning incoming student(s) within five (5) school days

of that student’s placement in class. Each building will establish a procedure

to ensure that such communication occurs as timely as possible within said

five (5) days. Any information received shall be treated as confidential and

may not be further disseminated except as expressly provided by law.

SECTION 5. ASSIGNMENTS, TRANSFERS, PROMOTIONS

A. Assignments. All assignments in instructional personnel at the time of entry

into the service of the District are made under the direction of the

Superintendent.

B. Teaching Assignments. Teaching assignments are made by the

Superintendent in consultation with the principals. Transfers may be made if

conditions make such action necessary or desirable. Employees are elected

subject to assignment.

C. Voluntary Transfers. In the determination of assignments and transfer, the

convenience and work of the employee shall be considered to the extent that

these considerations do not conflict with the educational program.

To assure that employees are given every consideration in filling any

vacancies or newly created positions which occur at any time within the

District, the following procedures shall be used:

1. All vacancies and new positions, including summer school and

extracurricular activities, shall be publicized to the staff and Association


through a written notice which shall be distributed to each employee as

far in advance of the date of the opening of any vacancy or new position

as possible.

2. Said notice of vacancy or new position shall clearly set forth the job

description for the position and the procedures for applying.

3. All vacancies or new positions shall be filled on the basis of qualifications.

If everything is equal seniority will prevail.

4. The District shall make an effort to fill vacancies and new positions with

their present teaching staff before out-of-district hiring will occur.

D. Involuntary Transfer. An involuntary transfer will be made only in case of an

emergency or to prevent undue disruption of the instructional program. Each

transfer will be considered on its merits and will be made in keeping with the

best interests of the instructional program of the District.

1. The Superintendent shall notify the affected employee and the President

in writing of the reasons for such transfer before the change is to become

effective.

2. Employees who are transferred will be given priority on returning to the

position, subject area, or grade level from which they have been

transferred if openings for which they are qualified become available.

3. Any employee subject to involuntary transfer after the school year begins

shall be granted one (l) day paid release time to effect the transfer.

E. Promotion within the District. If a position in the District is to be filled by

applicants and those who are applying have equal academic preparation and

experience fitted to the particular assignment and all qualifications are

considered equal, then a present employee will be given the first

consideration.

SECTION 6. EMPLOYEE TRANSITION

When employees are transferred due to a building closure, the opening of a new

building, or otherwise involuntarily transferred, the employer will move all

instructional supplies, materials, and equipment for the affected employee(s).

There will be a joint effort by the District and the employee(s) involved to

provide a smooth transition. The district will pay for twelve (12) hours at non-

curriculum rate for involuntary classroom moves for teachers.

SECTION 7. DISPENSING OF MEDICINE

Employees will dispense or administer medicine in accordance with current laws

and regulations. District will provide training to affected staff on a regular basis.


SECTION 8. INCLEMENT WEATHER

A. When schools are closed because of inclement weather, ice, snow or other

emergencies, employees shall not be required to report to work.

B. When schools are closed early, employees in the bargaining unit shall be

permitted to leave immediately after students are dismissed.

C. Employees shall suffer no loss in wages, benefits, or contractual or statutory

advantages as a result of such work rules.

D. Make-Up Days: When the District is required by law to make up school days

missed due to inclement weather in order to receive its appropriation, such

scheduling of make-up days shall be made by the Superintendent with input

from the Association.

E. In delayed openings of school, employees will report to school thirty (30)

minutes prior to the start of the student instructional day.

SECTION 9. EMPLOYEE PROTECTION

The employer shall provide insurance to cover any injury to employees or

damage to employee's property which may be a result of action which occurred

during the act of discipline. The District covers your interest in and will pay for

direct physical loss of or damage to all real and business personal property (does

not cover or extend to currency or money) incidental to performance of your duty as

an employee of the district which is owned by you; in which you have an

insurable interest; or owned by others in your care, custody, or control. Any staff

loss covered under this provision is first subject to the District's coincident

property loss and subject to all the terms, conditions, definitions, deductible,

limits and exclusions in the property coverage through the Property Policy

(SWWA) Revised 10/97, 2nd Revision 10/98.

ARTICLE IV – OBSERVATION/EVALUATION/PROBATION,

PROFESSIONAL GROWTH PLAN

SECTION 1. PURPOSE

The evaluation procedure set forth herein provides for the development and improvement of the instructional program of the District. The evaluation procedure recognizes high levels of performance and encourages improvement in specific identifiable areas, and provide support for professional growth through the systematic assessment of employee performance. The parties agree that the following evaluation system for all employees in the bargaining unit is to be implemented in a manner consistent with good faith and mutual respect, and, as defined in RCW 28A.405.110: “(1) An evaluation system must be meaningful, helpful, and objective; (2) an evaluation system must encourage improvements in teaching skill, techniques, and


abilities by identifying areas needing improvement; (3) an evaluation system must provide a mechanism to make meaningful distinctions

among teachers and to acknowledge, recognize, and encourage superior teaching performance; and

(4) an evaluation system must encourage respect in the evaluation process by the persons conducting the evaluations and the persons subject to the evaluations through recognizing the importance of objective standards and minimizing subjectivity.”

Additionally, the parties agree that the evaluation process is one which will be implemented with collaboration between the evaluator and the bargaining unit member, as described in WAC 392-191-025: “(1) To identify in consultation with classroom teachers and certificated support personnel

observed, particular areas in which their professional performance is satisfactory or outstanding, and particular areas in which the classroom teacher or support person needs to improve his or her performance.”

EVALUATOR QUALIFICATIONS:

All assigned evaluators shall be trained in the evaluation processes they will be assigned to conduct that are contained in Article IV of the Agreement and related appendices.

SECTION 2. APPLICABILITY FOR EVALUATION PROCESSES

The evaluation processes to be utilized for employees shall be as follows:

1. Classroom Teacher Evaluation Process (Article IV, Section 3) This employee group includes specifically those certificated staff with an assigned group of students for whom they provide academically focused instruction and grades. The term “classroom teachers” does not include Educational Staff Associates (e.g. Speech Language Pathologists, Psychologists), Counselors, librarians, media specialists, instructional coaches, curriculum specialists, and other bargaining unit members who do not meet this definition. Those bargaining unit members who do not meet this definition will remain under the previous evaluation system, as defined in this Agreement. The evaluation process for Classroom Teachers is delineated in Section 3. Refer to the Transition Plan in the Memorandum of Agreement (attached) for applicability.

2. Transitional Classroom Teacher/Non-Classroom Teacher Evaluation Process

(Article IV, Section 4): Educational Staff Associates (e.g. Speech Language Pathologists, Psychologists), Counselors, librarians, media specialists, instructional coaches, curriculum specialists, and other bargaining unit members who do not meet the definition of “classroom teacher”. The process also applies to those classroom teachers who have not transitioned to the new teacher evaluation process under Section 3 This evaluation process is delineated in Section 4.


SECTION 3. CLASSROOM TEACHER EVALUATION PROCESS

This process applies to certificated staff with an assigned group of students for whom they provide academically focused instruction and grades. No teacher shall be evaluated by an evaluator who has not been trained in observation, evaluation, and the use of the specific instructional framework and rubrics contained in this agreement and any relevant state or federal requirements. 1. PROFESSIONAL DEVELOPMENT Prior to being evaluated under Article IV, each teacher shall receive adequate professional development to comprehend the framework and understand the evaluation process. A minimum of seven and one half hours (7.5 hours), for the 2013-2014 school year, and a minimum of fifteen (15) hours, for the 2014-2015 school year, of professional development shall be provided to each classroom teacher employee prior to transitioning to the Classroom Teacher Evaluation Process. All funding provided by the state specific to the purpose of professional development for evaluation shall be used for that purpose. Provided that this money shall not supplant any other district/state/federal funds designed for other professional development purposes or are otherwise negotiated in other provisions of this Agreement. Each employee by September 15th, or within fifteen (15) days of employment, whichever is later, shall be given a copy of the evaluation criteria, procedures, and any relevant forms and information appropriate to the teacher’s position and track in the evaluation cycle. 2. DEFINITIONS, STATE CRITERIA, FRAMEWORK, AND SCO RING A. Definitions

1. Criteria shall mean one of the eight (8) state defined categories to be scored.

2. Component shall mean the sub-section of each criterion. 3. Evaluator shall mean a certificated administrator who has been trained in observation, evaluation and the use of the specific instructional framework and rubrics contained in this agreement and any relevant state or federal requirements. The evaluator shall assist the teacher by providing support and resources.

4. Artifacts shall mean any products generated, developed or used by a certificated teacher. Artifacts should not be created specifically for the evaluation system. Additionally, tools or forms used in the evaluation process may be considered as artifacts. Artifacts can be collected and submitted by the evaluator and/or teacher.

5. Evidence shall mean examples or observable practices of the teacher’s ability and skill in relation to the instructional framework rubric. Evidence collection is not intended to mirror a Pro-Teach or National Boards portfolio but rather is a sampling of data to inform the decision about level of performance that will be collected by a certificated teacher and/or evaluator. It should be gathered from the normal course of employment. Input from students, parents or any other source shall not be used as evidence, unless agreed to by the teacher in writing


6. Not Satisfactory shall mean: Level 1: Unsatisfactory – Receiving a summative score of 1 is not considered satisfactory performance for a teacher. Level 2: Basic – If the classroom teacher is on a continuing contract with more than five years of teaching experience and if a summative score of 2 has been received two years in a row or two years within a consecutive three-year period, the teacher is not considered performing at a satisfactory level.

7. Student Growth Data shall mean the change in student achievement between two points in time within the current school year, as determined by the teacher and mutually agreed upon with the evaluator. Assessments used to demonstrate growth must be initiated by the classroom teacher. Assessments used to demonstrate growth must be appropriate, relevant, and may include both formative and summative measures.

B. State Evaluation Criteria:

1. Centering instruction on high expectations for student achievement, 2. Demonstrating effective teaching practices, 3. Recognizing individual student learning needs and developing strategies to

address those needs, 4. Providing clear and intentional focus on subject matter content and curriculum, 5. Fostering and managing a safe, positive learning environment, 6. Using multiple data elements to modify instruction and improve student learning, 7. Communicating and collaborating with parents and the school community, and 8. Exhibiting collaborative and collegial practices focused on improving

instructional practices and student learning.

C. Instructional Framework The parties have agreed to the adopted evidence-based instructional framework developed by the University of Washington Center for Education Leadership (CEL) Five Dimensions of Teaching and Learning (5D+). The instructional framework rubric is included in Appendix E. If the adopted instructional framework is contrary to or inconsistent with the terms and conditions of the Collective Bargaining Agreement, the Agreement shall prevail. Upon mutual agreement the parties may negotiate a different OSPI approved instructional framework.

D. Criterion Performance Scoring 1. When there is more than one (1) component, if a 4 – Distinguished is scored, the

overall criterion score cannot be lower than 2 – Basic. 2. Each rating will be assigned the following numeric values:

a. Unsatisfactory – 1 b. Basic – 2 c. Proficient – 3 d. Distinguished – 4

3. The final criterion score shall be determined by the Overall Rating Range as set forth in Appendix D-2.


E. Summative Performance Rating

A classroom teacher shall receive a summative performance rating for each of the eight (8) state evaluation criteria. The overall summative score is determined by totaling the eight (8) criterion-level scores as follows: 1. 8-14—Unsatisfactory 2. 15-21—Basic 3. 22-28—Proficient 4. 29-32—Distinguished

F. Student Growth Criterion Score 1. Embedded in the instructional framework are five (5) components designated as

student growth components. These components are embedded in criteria as SG 3.1, SG 3.2, SG 6.1, SG 6.2, and SG 8.1. (Appendix E UW CEL 5 D+ Rubric) Evaluators add up the raw score on these components and the employee is given a score of low, average or high based on the scores below: 1. 5-12—Low 2. 13-17—Average 3. 18-20—High

2. Student growth data will be taken from multiple sources during the school year in

which the evaluation is being conducted, and must be appropriate and relevant to the teacher’s assignment. It will include teacher initiated formal and/or informal assessments of student progress. Student achievement that is not calibrated to show growth between two points in time shall not be used to calculate a teacher’s student growth criterion score. Evaluators shall not consider school-wide or District-wide test scores when evaluating a classroom teacher, unless agreed to by teacher in writing.

3. If a teacher receives a 4 – Distinguished summative score and a Low student growth score, they must be automatically moved to the 3 – Proficient level for their summative score. If a teacher receives a 1 – Unsatisfactory on any of the five student growth components, it will trigger the student growth inquiry plan. The teacher and evaluator will mutually agree to engage in one or more of the following: 1. Triangulate student growth measure with other evidence (including observation,

artifacts and student evidence) and additional levels of student growth based on classroom, school, District and state-based tools;

2. Examine extenuating circumstances possibly including: goal setting process/expectations, student attendance, and curriculum/assessment alignment;

3. Schedule monthly conferences with evaluator to discuss/revise goals, progress toward meeting goals, and best practices;

4. Create and implement a professional development plan to address student growth areas.

3. PROCEDURAL COMPONENTS OF EVALUATION A. Notification

The teacher will be notified by September 15th each year ,or within fifteen (15) days of the beginning of the school year or commencing employment, whichever is later, of their evaluator and whether the teacher will be evaluated using a comprehensive or focused evaluation.


B. Teacher Self-Assessment all

a. Prior to the Pre-Observation Conference, the member, at his/her discretion may complete a Self-Assessment form on the eVAL system or a hardcopy provided by the district.

b. No teacher will be required to complete or share the Self-Assessment form with his/her evaluator.

C. Student Growth Goal Setting: After September 15th or 15 days after or the start of the school year, whichever is later, the teacher shall determine a student growth goal for Components SG-3.1, SG-6.1 and SG-8.1 on a Goal Setting form. (Appendix G) The goal for SG-6.1 and SG-8.1 may be the same goal.

D. Artifacts and Evidence: 1. The evaluator will collect and share artifacts and evidence necessary to complete

the evaluation. 2. The teacher may provide additional artifacts and evidence to aid in the assessment

of the teacher’s professional performance against the instructional framework rubric, especially for those criteria not observed in the classroom. The evidence provided by the teacher shall be incorporated on the negotiated form prior to the post-observation conference, and be used to determine the final evaluation score.

3. A teacher may, but shall not be required to submit artifacts and evidence for completion of the evaluation.

E. Record-Keeping The District shall adhere to the following: 1. A copy of the final framework rubric, teacher’s written comments, if applicable,

and forms shall be included in the teacher’s personnel file. 2. Teachers shall have access to their data collection account in subsequent years. 3. Evaluators shall notify the teacher of any additional evidence submitted to data

collection account within forty-eight (48) hours. 4. Teachers shall not be required to share personal assessment information utilized

within the data collection system. 5. To the extent required by law, any and all data entered into the data collection

system shall be considered confidential, and not be subject to public disclosure.

F. Electronic Monitoring All observations shall be conducted openly. Mechanical or electronic devices shall not be used to listen to or record the procedures of any class, without the prior knowledge and consent of the teacher.

4. COMPREHENSIVE EVALUATION PROCESS A Comprehensive Evaluation will include evaluation of all eight state criteria. A teacher eligible for focused evaluations must complete a comprehensive evaluation once every four years


A. Pre-Observation Conference: The pre-observation conference shall be held prior to each formal observation. The teacher and evaluator will mutually agree when to conference. The purpose of the pre-observation conference is to discuss the employee’s goals, establish a date for the formal observation, and to discuss such matters as the professional activities to be observed, their content, objectives, strategies, and possible observable evidence to meet the scoring criteria.

B. 1st Formal Observation:

1. The first of at least two (2) formal observations for each employee shall be conducted within the first ninety (90) days of the school year. The first of the two (2) observations shall be prearranged; however, the parties agree that the best practice is that all observations should be prearranged. The total annual observation time shall be for a minimum of sixty (60) minutes. An employee in the third year of provisional status as defined in RCW 28A.405.220 shall be observed at least three times in the performance of his or her duties and the total observation time for the school year shall be for a minimum of ninety (90) minutes. Any formal observation shall not be less than 30 minutes in length.

2. The observations will occur no later than five (5) days after the pre-observation conference.

3. Observations will not take place on half, early release, or late start days, the day before winter or spring break, on the day following an absence of the employee, and on days of an assembly or a modified schedule, unless otherwise agreed to by the employee.

4. The evaluator will document all formal observations using the negotiated form (Appendix D-2 Classroom Teacher Observation/Final Evaluation Form) and provide copies to the employee within three (3) days following the observation date and at least two (2) days prior to the post observation conference in C., below.

5. The teacher shall be provided the opportunity to submit additional evidence to aid in the assessment of the teacher’s professional performance against the instructional framework rubric, especially for those criteria not observed in the classroom. The evidence provided by the teacher shall be incorporated on the negotiated form prior to the post-observation conference, and be used to determine the final evaluation score.

C. 1st Post-Observation Conference

1. The post-observation conference between the evaluator and teacher will be held no later than five (5) days after the formal observation date.

2. The purpose of the post-observation conference is to review the evaluator’s and teacher’s evidence related to the scoring criteria during the observation, and to discuss the teacher’s performance. The teacher shall be provided an additional opportunity to submit evidence of the teacher’s professional performance that the teacher deemed was not observed in the classroom. The evidence provided by the teacher shall be incorporated on the negotiated form and be used to determine the final evaluation score. (Appendix D-2)

3. If there is an area of concern, the evaluator will identify, in writing, specific concerns for the applicable criteria and provide specific observable solutions with specific district support and resources to remedy the concern.

4. The teacher may attach written comments to the observation report.


D. 2nd Formal Observation 1. The second of two (2) formal observations will occur no sooner than six (6) weeks

after the first formal observation and ideally, in different semesters or trimesters so that reasonable time can be provided for continuing professional growth. The observation will occur no later than five (5) days after the pre-observation meeting.

2. Observations will not take place on half, early release, or late start days, the day before winter or spring break, on the day following an absence of the employee, and on days of an assembly or a modified schedule, unless otherwise agreed to by the employee.

3. The evaluator will document all formal observations using the negotiated form (Appendix D-2) and provide copies to the employee within three (3) days following the observation date and at least two (2) days prior to the post observation conference in F. below.

4. The teacher shall be provided the opportunity to submit additional evidence to aid in the assessment of the teacher’s professional performance against the instructional framework rubric, especially for those criteria not observed in the classroom. The evidence provided by the teacher shall be incorporated on the negotiated form prior to the post-observation conference, and be used to determine the final evaluation score. The evaluator will document all formal observations using the negotiated form and provide copies to the employee within three (3) days following the observation date.

5. The final formal observation shall occur prior to May 1st. E. 2nd Post-Observation Conference

1. The post-observation conference between the evaluator and teacher will be held no later than five (5) days after the formal observation date.

2. The purpose of the post-observation conference is to review the evaluator’s and teacher’s evidence related to the scoring criteria during the observation, and to discuss the teacher’s performance. The teacher shall be provided an additional opportunity to submit evidence of the teacher’s professional performance that the teacher deemed was not observed in the classroom. The evidence provided by the teacher shall be incorporated on the negotiated form (Appendix D-2) and be used to determine the final evaluation score.

3. If there is an area of concern, the evaluator will identify, in writing, specific concerns for the applicable criteria and provide specific observable solutions with specific district support and resources to remedy the concern.

4. The teacher may attach written comments to the observation report. 5. The teacher may request additional formal observations.

F. Informal Observations/ Coaching and Support of Professional Growth

No informal observations shall be conducted or used in any evaluation process under this provision unless agreed to prior to such observations by the teacher.

G. Final Summative Evaluation Conference 1. No later than June 1st the evaluator and teacher shall meet to discuss the teacher’s

final summative score. The final summative score, including the student growth score, must be determined by an analysis of evidence. This analysis will take a holistic assessment of the teacher’s performance over the course of the year.

2. The teacher has the right to provide additional evidence for each criterion to be scored.


3. All evidence, measures and observations used in developing the final summative evaluation score must be a product of the school year in which the evaluation is conducted.

4. If the evaluator judges the teacher to be below Proficient, the evaluator must provide at least three (3) pieces of evidence from at least two (2) artifacts.

5. If the teacher believes the criterion score or final summative score did not consider certain teacher evidence and/or the criteria were not objectively scored, they shall be granted any of the following: 1. An additional formal observation by June 1st; 2. An alternative evaluator scoring of evidence whom is mutually agreed upon by

the teacher and the Association; 3. An additional observation by a different evaluator.

6. Nothing prohibits an evaluator from evaluating all teachers as Distinguished -4 within a school year.

7. The teacher will sign two (2) copies of the Final Summative Evaluation Report. Each teacher shall sign the observation and evaluation forms to indicate receipt. The signature of the teacher does not, however, necessarily imply that the employee agrees with its contents. The teacher may attach any written comments to observations and to the final annual evaluation report as well.

5. FOCUSED EVALUATION The Focused Evaluation is used when a teacher is not evaluated using the Comprehensive Evaluation process, and will include evaluation of one of the eight state criteria. If a non-provisional teacher has scored at Proficient or higher the previous year, they shall be evaluated using the Focused Evaluation. The teacher may remain on the Focused Evaluation for three (3) years before returning to the Comprehensive Evaluation. The teacher or evaluator can initiate a move from the Focused to the Comprehensive Evaluation. The request of the teacher must be received in writing prior to September 15, or within the first fifteen (15) days of the school year, whichever is later. The direction of the evaluator must be communicated during the prior year’s final evaluation conference based on concerns during the classroom observations. A. The criterion area to be evaluated shall be proposed by the teacher prior to, or at the

first pre-observation conference, and must be approved by the evaluator. B. As required under WAC 391-191A-120(4), the focused evaluation will include the

student growth rubrics of the selected criterion. If criterion 3, 6 or 8 are selected, evaluators will use those student growth rubrics. If criterion 1, 2, 4, 5, or 7 is selected, evaluators will use criterion 3 or 6 student growth rubrics.

C. If the criterion selected for a focused evaluation has been determined to be non-observable, a classroom based observation will not be required.

D. Observations and conferences for the focused evaluation shall follow the process set forth above in Section 4.

E. The score received on the selected criterion and applicable student growth rubric is the score assigned as the final summative score.

F. A group of teachers may focus on the same evaluation criterion and share professional growth activities. This collaboration should be initiated by the teacher(s) and no individual shall be required to work on a shared goal.


6. SUPPORT FOR BASIC AND UNSATISFACTORY PERFORMANCE A. The Association will be notified when any teacher is judged below Proficient -3,

within five (5) school days. B. When a teacher is judged below Proficient, the employee and evaluator shall

discuss and mutually develop a voluntary structured support plan to support the teacher’s professional development which shall include one or more of the following:

1. The teacher’s class size will not exceed the limits established in this Agreement; 2. The teacher shall be granted up to four (4) days of district funded release time to

observe colleagues’ instruction; 3. The teacher shall be granted an additional/different certificated employee

evaluator; 4. A mentor will be assigned; 5. Additional supports may include, but are not limited to: university course work,

peer coaching, reading material, and District or ESD staff development courses. The District will provide and pay for any required in-service training and any required mentor (RCW 28A.405.140).

6. Any of these support activities shall be compensated at the employee’s per diem rate of pay for any time that occurs outside the normal work day /year.

C. In such cases that a teacher with more than five (5) years of experience receives a summative evaluation score below Proficient, the teacher must be formally observed before October 15th the following year. If the Formal Observation(s) in that following year results in ongoing and specific performance concerns, a structured support plan will be mutually developed by the evaluator and teacher within five (5) days following the Post-Observation Conference(s) and will be completed prior to completion of the comprehensive evaluation.

7. PROVISIONAL EMPLOYEES A. A second year Provisional teacher who receives a summative rating of 3- Proficient or

4- Distinguished and an average or high student growth impact rating, may be granted continuing contract status for the subsequent school year as determined by the Superintendent and Principal.

B. When there is concern about the progress of a provisional employee as documented on an observation report form, evaluator shall schedule a meeting with the provisional employee and an Association representative to occur within five (5) days of the post-observation conference, unless a longer time frame is mutually agreed to, to review the expectations for the employee’s current position. At that time there will be developed a reasonable plan for improvement whereby the employee will be assisted in improving his/her performance to an acceptable level. The course of action for provisional employees will follow the guidelines stated in RCW 28A.405.220.

8. PROBATION

At any time after October 15, a classroom teacher whose work is judged not satisfactory based on the scoring criteria shall be placed on probation and notified in writing of the specific areas of deficiencies and provided a written reasonable plan of improvement. A. A classroom teacher’s work is not judged satisfactory, and therefore shall be

placed on probation, when the overall comprehensive score is Unsatisfactory (1).


A continuing contract teacher under RCW 28A.405.210 with more than five (5) years of teaching experience whose comprehensive summative evaluation score is below Proficient (3) for two (2) consecutive years or for two (2) years within a consecutive three (3) year time period shall also be placed on probation.

B. Teachers may only be placed on probation from the Comprehensive Evaluation Process described in Section 4 above.

C. Teachers on continuing contracts who have been assigned to teach outside of their endorsements shall not be subject to nonrenewal or probation based on evaluations of their teaching effectiveness in the out-of-endorsement assignments in accordance with WAC 181-82-110.

D. In the event that an evaluator determines that the performance of a teacher under

his/her supervision merits probation, the evaluator shall report the same in writing to the Superintendent. The report shall include the following: 1. The evaluation report prepared pursuant to the provisions of Article IV Section 2. A recommended specific and reasonable program designed to assist the teacher in improving his or her performance.

E. If the Superintendent concurs with the administrator’s judgment that the

performance of the employee is unsatisfactory, the Superintendent shall place the teacher in a probationary status for a period of not less than sixty (60) school days, any time after October 15. The probationary period may be extended into the following school year if the teacher has more than five (5) years of teaching experience and the final summative rating as of May 10th is Unsatisfactory -1. Before being placed on probation, the Association and the teacher shall be given notice of action of the Superintendent which notice shall contain the following information: 1. Specific areas of performance deficiencies identified from the instructional framework; 2. A suggested specific and reasonable plan for improvement; 3. A statement indicating the duration of the probationary period and that the purpose of the probationary period is to give the teacher the opportunity to demonstrate improvement in his/her area or areas of deficiency.

F. A reasonable plan of improvement will be developed and will include the specific

evaluative criteria which must be met and the measures and benchmarks which will be used to determine the teacher’s success or failure. The plan will include a system for periodic feedback during the term of probation will include supports provided and funded by the district, and the dates those supports will be put in place. Any support activities required by the district shall be compensated at the employee’s per diem rate of pay for any time that any of the required activities occurs outside the normal work day /year.


G. Evaluation During the Probationary Period

1. At or about the time of the delivery of a probationary letter, the evaluator shall hold a personal conference with the probationary teacher to discuss performance deficiencies and the remedial measures to be taken. 2. Once the areas of deficiency and criteria for improvement have been determined, they may not be changed. 3. During the probationary period the evaluator shall meet with the probationary teacher at least twice a month to supervise and make a written evaluation of the progress, if any, made by the teacher. The provisions of Section 3 above shall apply to the documentation of observation reports and evaluation reports during the probationary period. 4. The probationary teacher may be removed from probation at any time if he/she has demonstrated improvement to the satisfaction of the evaluator in those areas specifically detailed in his/her notice of probation. 5. The probationary teacher may request that an additional certificated evaluator become part of the probationary process and the request must be granted. This evaluator will be assigned by the ESD and will be jointly selected by the district and the Association from a list of evaluation specialists compiled by the ESD.

H. A teacher who is on a plan of improvement must be removed from probation if

he/she has demonstrated improvement in the areas prescribed as deficient. A teacher must be removed from probation if a teacher with five (5) or fewer years of experience scores at Basic (2) or above or a teacher of more than five (5) years of experience scores at Proficient (3) or above. A written notice will be provided to the teacher at the time this decision is made.

I. Lack of necessary improvement during the established probationary period, as specifically documented in writing with notification to the probationer constitutes grounds for a finding of probable cause under RCW 28.A.405.300 or 28A.405.210.

J. Evaluator’s Post-Probation Report Unless the probationary teacher has previously been removed from probation, the evaluator shall submit a written report to the Superintendent at the end of the probationary period which report shall identify whether the performance of the probationary teacher has improved and which shall set forth one (1) of the following recommendations for further action: 1. That the teacher has demonstrated sufficient improvement in the stated areas of deficiency to justify the removal of the probationary status; or 2. That the teacher has demonstrated sufficient improvement in the stated areas of deficiency to justify the removal of the probationary status if accompanied by a letter identifying areas where further improvement is required; or 3. That the teacher has not demonstrated sufficient improvement in the stated areas of deficiency and action should be taken to non-renew the employment contract of the teacher.


K. Action by the Superintendent:

Following a review of the report submitted pursuant to paragraph J. above, the Superintendent shall determine which of the alternative courses of action is proper and shall take appropriate action to implement such determination.

L. A teacher who fails to successfully complete the probation process, as outlined

above, may have their probationary period extended or may be recommended for non-renewal.

9. NON-RENEWAL (DISCHARGE) When a continuing contract teacher with five (5) or more years of experience receives a comprehensive summative evaluation rating of 1 – Unsatisfactory for two (2) consecutive years, after completing probation the first year, the District shall, within ten (10) days of the completion of the Final Evaluation Conference or May 15th, whichever occurs first, implement the teacher notification of non-renewal (discharge) as provided in RCW.28A.405.300. 10. PROBABLE CAUSE The teacher who is, at any time, issued a written notice of probable cause for non-renewal or discharge by the Superintendent pursuant to this Article shall have ten (10) calendar days following receipt of said notice to file any notice of appeal as provided by statute or by this Agreement. 11. EVALUATION RESULTS A. Evaluation results shall be used:

1. To acknowledge, recognize, and encourage excellence in professional performance.

2. To document the level of performance by a teacher of his/her assigned duties. 3. To identify specific areas in which the teacher may need improvement according

to the criteria included on the evaluation instrument. 4. To document performance by a teacher judged unsatisfactory based on the District

evaluation criteria.

B. Evaluation results shall not be: 1. Shared or published with any teacher identifying information. 2. Shared or published without notification to the individual and Association. 3. Used to determine any type of base or additional compensation. 4. Used as a form of progressive discipline.

It is the intent of the parties to be governed by the provisions of current statutes

and nothing herein is intended to amend, delete, or add, thereto, except for

Section 3., subsections A., B., C., G., L., M., and N.; Section 4., subsections H., and

I.; and Section 5., subsections F. and G. In the event there is a conflict between a

statute or judicial interpretation thereof and this section, the statutes and their

judicial interpretations shall prevail.


SECTION 1. EMPLOYEE EVALUATION PROCEDURE

A. During each school year all certificated classroom employees and certificated

support personnel shall be observed (see Appendix D) for the purpose of

evaluation at least twice in the performance of assigned duties. Total

observation for each employee for each school year shall not be less than sixty

(60) minutes.

B. Provisional employees (those employees new to the District) shall be observed at

least once for a total observation time of thirty (30) minutes during the first

ninety (90) calendar days of their employment period.

C. The evaluator shall meet with the employee or support person in a pre-

conference within ten (10) days of the first observation. During the conference

the evaluator and the staff member shall discuss lesson plans and identify

items to be observed.

D. Following each observation, or series of observations, the principal or other

evaluator shall promptly document the results of the evaluation in writing

and shall provide the employee with a copy thereof within three (3) days after

such report is prepared.

E. The final evaluation shall be completed before May 15 of each school year

(see Appendix E).

F. The observing administrator shall hold a conference with the employee

within ten (10) days after the final written evaluation is prepared and provide

him/her with a copy of the written evaluation report and discuss the

evaluation with the employee observed.

G. One (1) copy of the evaluation report shall be retained by the employee, and

two (2) copies shall be signed by the employee, one (1) of which shall be

placed in the employee's personnel file.

H. The employee's signature on the evaluation report indicates that he/she has

received a copy of the report. The signature, however, does not necessarily

imply the employee agrees with the contents of the evaluation report.

I. Within ten (10) school days of the conference, the employee may submit

signed comments concerning his/her evaluation report which shall be

attached to the reports in his/her personnel file and considered with the

evaluation report.

SECTION 2. PROCEDURES IN THE EVENT OF UNSATISFACTORY

PERFORMANCE--PROVISIONAL EMPLOYEES

A. A “provisional employee” as defined by RCW 28A.405.220 is any teaching or

other nonsupervisory certificated employee in his or her first two years of

employment in the District, unless the employee has previously completed at


least two years of certificated employment in another school district in the

state of Washington, in which case the employee shall be provisional during

the first year of employment with the District. During the first year of

employment by the District, an employee or other non-supervisory certified

employee with teaching experience is a one-year (1-year) provisional

employee.

During the first two (2) years of employment by the District, an employee or

other non-supervisory certificated employee with no previous teaching

experience is a two-year (2-year) provisional employee.

B. Provisional employees' contracts may be non-renewed upon the

determination of the Superintendent.

C. Such employee must be notified of the determination in writing on or before

May 15 preceding the commencement of the school term.

D. The notification must state the reason or reasons for such determination and

must be served upon the provisional employee personally, or by certified or

registered mail, or by leaving a copy of the notice at the employee's home

with some person of suitable age and discretion.

E. A provisional employee so notified may, at his/her written request filed

within ten (10) days of the notice, be given an opportunity to meet informally

with the Superintendent for the purpose of requesting the Superintendent to

reconsider his/her decision.

F. Such meeting is to be held within ten (10) days following the receipt of the

request, and the provisional employee is to be notified of the time and place

of the meeting at least three (3) days prior thereto.

G. Within ten (10) days following the provisional employee's meeting with the

Superintendent, either the provisional employee shall be reinstated or the

Superintendent must submit to the Board a written report recommending

nonrenewal and the reason or reasons therefore.

H. The Board must take action upon the recommendation within ten (10) days

following the school board meeting at which the Superintendent’s

recommendations were considered, taking into consideration any written

communication which the provisional employee may have filed with the

secretary of the Board.

I. The decision of the Board to non-renew the contract of a provisional

employee is final and is not subject to appeal.


SECTION 3. PROCEDURES IN THE EVENT OF UNSATISFACTORY

PERFORMANCE--ALL OTHER EMPLOYEES.

A. The principal shall meet with the employee at least once in an attempt to

resolve matters relating to performance before probation is recommended.

B. If an employee is being recommended for probation, the recommendation to

the Superintendent for probationary status must be made on or before

January 20. The recommendation for probation must be in writing and a copy

of that recommendation be sent to the employee.

C. The Superintendent shall review the principal's recommendation for

probation. If the Superintendent determines that there is an alternative to

probation, he/she may continue to work with the parties involved. The

principal shall be responsible for supervising the probation.

D. At any time after October 15, an employee whose work is judged

unsatisfactory shall be notified in writing, of the specific areas of deficiency

along with a suggested specific and reasonable program for improvement.

E. A probationary period of 60 school days shall be established.

F. During the probationary period the employee is to be given the opportunity

to demonstrate improvements in his/her areas of deficiency.

G. During this period the evaluator must meet with the employee at least twice

monthly to supervise and make a written evaluation of the progress, if any,

made by the employee. The employee shall have an opportunity to have a

representative in attendance at the conferences.

H. During the probation period one (1) additional certificated employee may be

authorized by the evaluator to evaluate the probationer and to aid the

employee in improving his/her areas of deficiency.

I. An additional certificated employee, so authorized, is immune from any civil

liability that might otherwise be incurred or imposed as a result of the good

faith performances of such evaluation.

J. The employee, upon demonstrated improvement to the satisfaction of the

principal in those areas specifically detailed in his/her notice of deficiency,

will be removed from probation.

K. If the employee does not make the necessary improvements, this lack of

improvements must be documented in writing with notification to the

employee and may constitute grounds for discharge or nonrenewal of an

employee's contract.

L. The principal shall recommend to the Superintendent that the employee be

re-assigned, his/her contract not renewed, or that he/she be discharged.


M. If the employee's contract is not to be renewed, the principal and/or

Superintendent shall discuss this recommendation with the employee and

counsel him/her about the advisability of his/her continuation in education.

N. If the employee agrees with the principal's recommendation, he/she may

submit a letter of resignation. In no case shall the principal or Superintendent

attempt to coerce or "bribe" the employee into signing a letter of resignation.

All evaluations or recommendations for the employee shall report his/her

strengths as well as his/her weaknesses.

O. Such employee shall be notified in writing on or before May l5th preceding

the commencement of such term of the determination to nonrenew or

discharge.

P. The notification shall specify the cause or causes for nonrenewal of contract.

Q. Such determination of probable cause for certificated employees shall be

made by the Superintendent.

R. Such notice shall be served upon the employee personally, or by certified or

registered mail, or by leaving a copy of the notice at the house of his/her usual

abode with some person of suitable age and discretion then resident therein.

S. Every such employee so notified, at his/her request made in writing and filed

with the chairman or secretary of the Board within ten (10) days after

receiving such notice, shall be granted opportunity for hearing pursuant to

RCW 28A.405.310 to determine whether there is sufficient cause or causes for

nonrenewal of contract.

T. If any such notification or opportunity for hearing is not timely given, the

employee entitled thereto shall be conclusively presumed to have been re-

employed by the District for the next ensuing term upon contractual terms

identical with those which would have prevailed if his/her employment had

actually been renewed by the Board for such ensuing term.

U. This section shall not be applicable to "provisional employees" as so

designated in RCW 28A.405.220; transfer to a subordinate certificated position

as that procedure is set forth in RCW 28A.405.230; shall not be construed as a

nonrenewal of contract for the purposes of this section.

SECTION 4. EMPLOYEE EVALUATION CRITERIA

A. Instructional skills: The employee demonstrates competency (knowledge

and skill) in designing and conducting an instructional experience.

Possible Indicators (but not limited to):

Identifying the learning needs of individuals.

Establishing student learning objectives/goals and making known such

learning expectations.


Planning and developing a variety of instructional experiences.

Implementing an instructional plan.

Using principles of learning to facilitate the learning objects.

B. Classroom Management: The employee demonstrates competency

(knowledge and skill) in organizing the physical and human elements in the

educational setting.


Selecting and using instructional materials appropriate to the student(s)

subject matter and objectives to be achieved.

Organizing the physical setting so that it contributes to learning.

Utilizing instructional resources available throughout the District and

community.

Organizing individual, small group, or large group learning experiences.

Providing a classroom climate conducive to student learning.

C. Professional Preparation and Scholarship: The employee exhibits evidence

of having a theoretical background and knowledge of the principles and

methods of teaching and a commitment to education as a profession.


Specify educational philosophy underlying one's decisions.

Demonstrate commitment to professional activities, meetings, etc.

Demonstrate commitment to the profession and its code of ethics.

D. Effort Toward Improvement When Needed: The employee demonstrates an

awareness of his/her limitations and strengths by efforts to improve or

enhance competence.


Participates in in-service and career development activities sponsored by the

District, ESD, and professional organizations.

Continuing education initiated and selected by the individual.

Follow-through and response to recommendations included in periodic and

annual personal evaluations.

Self-evaluations and identification of strengths, needs and limitations.

E. Handling of Student Discipline and Attendance Problems: The employee

demonstrates ability to manage the non-instructional human elements and

dynamics occurring among students in the educational setting.


Recognizing conditions which may lead to disciplinary problems and

organizing the classroom in such a way as to avoid such problems.


Establishing clear guidelines for student "in classroom" conduct and make

known these expectations.

Development of appropriate strategies for preventing disciplinary problems.

Resolving discipline problems in accordance with law, school board policy,

administrative regulations.

Assisting students toward self-discipline and acceptable standards of

behavior.

F. Interest in Teaching Students: The employee demonstrates an appreciation

for each student's unique background and characteristics and enthusiasm for

and enjoyment in working with students.


Enjoys the process of working with students.

Recognizes characteristics of each student.

Uses knowledge of individual students to design learning experiences and

facilitate learning.

G. Knowledge of Subject Matter: The employee demonstrates knowledge of

theory and content in general education and subject matter specialization.


Depth of knowledge in the subject matter area.

Extent to which the employee keeps abreast of new developments, ideas, and

events in the subject matter area.

Enthusiasm and interest of the employee in the subjects taught as reflected in

the employee's continuing professional growth.

H. School Service: The employee demonstrates a willingness to share normal

school responsibilities.


Daily routine duties as directed by the principal.

Occasional duty for normal school events as requested by the principal.

Promptness and conscientiousness in carrying out requirements of these

duties.

Promptness and conscientious participation in faculty meetings.

I. Human Relationships: The employee demonstrates the ability to interact

with human elements in the educational setting in a positive and constructive

way whenever possible.


Dealing with parents in such a way as to gain their confidence and trust in the

employee.


Interacting with other staff members and school employees in such a way as

to encourage a friendly atmosphere.

Interacting with students in such a way as to promote a respectful

relationship between employees and students.

SECTION 5. CERTIFICATED SUPPORT STAFF EVALUATION CRITERIA

A. Knowledge and Scholarship in Special Fields: Each certificated support

person demonstrates a depth and breadth of knowledge of theory and

content in the special field. He/she demonstrates an understanding of a

knowledge about common school education and the educational milieu,

grades K-l2, and demonstrates the ability to integrate the area of specialty

into the total school milieu.


Provides a theoretical rationale for the use of various procedures.

Demonstrates understanding of the basic principles of human growth and

development.

Demonstrates awareness of personal and professional limitations and has the

ability and knowledge, research findings and theory deriving from the

individual's specific discipline to the development of a program of service.

B. Specialized Skills: Each certificated support person demonstrates in his/her

performances a competent level of skill and knowledge in designing and

conducting specialized programs of prevention, instruction, remediation and

evaluation.


Designs and conducts a program providing specific and unique services

within the individual's specific discipline.

Demonstrates ability to synthesize and integrate testing and non-testing data

concerning the student.

1. to help students integrate and assimilate data,

2. to help others involved with the student interpret and use data

appropriately and accurately,

3. to help other specialists by providing case study materials.

Administers assessment procedures or to organize and prepare those who

will administer assessment procedures.

Demonstrates ability to assist employees and administrators integrate

specialized information into the regular curricula.

Develop goals and objectives consistent with the District-level goals and

objectives which will facilitate the implementation of programs and

services.


C. Management of Special and Technical Environment: Each certificated

support person demonstrates an acceptable level of performance in managing

and organizing the special materials, equipment and environment essential to

the specialized programs.


Selects or recommends testing and non-testing devices, materials, equipment

appropriate to study needs.

Demonstrates the use and an understanding of the limitations and restrictions

of devices, materials and procedures, etc.

Uses comparative and interpretive data.

Creates an environment which provides privacy and protects student and

family information, as mandated by codes of ethics, federal and state

regulations, and local school district policies.

D. The Support Person as a Professional: Each certificated support person

demonstrates awareness of his/her limitations and strengths and

demonstrates continued professional growth.


Demonstrates awareness of the law as it relates to area of specialization.

Demonstrates awareness of responsibilities to students, parents and other

educational personnel as defined by the professional code of ethics

supported by the support person's competence area.

Demonstrates commitment to school and professional activities (attendance at

local district and state meetings, consortium activities, participation on

special committees, etc.)

Demonstrates commitment to the concept of the career-long professional

growth by participation in workshops and seminars or graduate study.

E. Involvement in Assisting Pupils, Parents and Educational Personnel: Each

certificated support person demonstrates an acceptable level of performance

in offering specialized assistance in identifying those needing specialized

programs.


Consults with other staff, school personnel, and parents concerning the

development, coordination, and/or extension of services to those needing

specialized programs.

Plans and develops support program to serve the preventive and

developmental needs of the school population and the special needs for

some students.

Interprets characteristics and needs of students to parents, staff and

community, in group and individual settings via oral and written

communications.


F. School Service: The certificated support person demonstrates a willingness

to share normal school responsibilities and to help with non-instructional

school.


Daily routine duties as directed by the principal.

Occasional duty for normal school events as requested by the principal.

Promptness and conscientiousness in carrying out requirements of these

duties.

Promptness and conscientious participation in faculty meetings.

G. Human Relationships: The certificated support person demonstrates the

ability to interact with all human elements in the educational setting in a

positive and constructive way.


Dealing with parents in such a way as to gain their confidence and trust in the

certificated support person.

Interacting with other staff members and school employees in such a way as

to encourage a friendly atmosphere.

Interacting with students in such a way as to promote a respectful

relationship between staff and parents.

ARTICLE V - LAYOFF AND RECALL

In the event the District suffers a significant loss in revenues and/or program

which requires a reduction in the work force, the District shall follow the

procedures contained herein. The District shall provide the Association with a

report relating to the District's financial condition and the anticipated educational

program for the ensuing school year. The term "layoff" as used herein refers to

action by the Board reducing the number of certificated employees represented

hereunder.

SECTION 1. LAYOFF PROCEDURES.

A. Reduction in work force shall be accomplished on a departmental basis for

the employees in grades 7-12 and by straight seniority for employees in

grades K-6. At the beginning of the school year each grade 7-12 employee

shall be placed in as many as three (3) departments for which the employee is

qualified. Each employee shall be ranked in each department according to

seniority. Following placement, an employee shall be laid off by department

seniority in 7-l2 or straight seniority K-6. Seniority shall be defined as the total

number years of certificated experience. Ties shall be determined by: 1.

Seniority in the district 2. Lot.


B. Experience credit for part-time employees shall be granted on the same basis

as their percentage of employment; e.g., half-time employment for a full year

yields one-half year experience credit on the staff weighting index schedule.

C. Employees shall qualify for placement in the following categories:

1. Elementary

2. Secondary Language Arts

Foreign Language

Industrial Arts

Home and Family Life

Mathematics

Vocational Agriculture

Business Education

Science (Physical/Biological)

Art

Social Science

Trade and Industries

3. Specialists

K-l2:

Counselor

Music

Physical Education

Special Education

Title I, Reading

Remediation

SECTION 2. PLACEMENT CRITERIA

A. All employees retained shall hold certification as required by the SPI or

Federal Program requirements.

B. All employees K-6 qualify strictly by seniority.

C. Placement criteria for grades 7-12:

1. Must have taught two (2) periods during a given year in the Department

in the District during the past five (5) years; or

2. Must hold a major (45 quarter hour) or a minor (20 quarter hours) in the

Department to qualify. Documentation is the responsibility of the

employee.

D. The seniority list will be furnished to the Association by February 1 of each

school year. Any objections to placement on the list must be made by the

Association to the Superintendent by February 15.

E. Certificated employees not assigned to a teaching position for the

forthcoming school year will be notified in writing of layoff by the Board.


F. A certificated employee receiving written notification of layoff shall retain an

employment relationship with the District by being automatically placed on

layoff and recall status. Credit for any education acquired during that year

will be granted. Acceptance of contract employment as a certificated

employee in any other school district while on layoff status shall constitute an

automatic termination of the employment relationship as provided herein. No

certificated employee will be hired by the District from outside the bargaining

unit until all employees on layoff status shall have been determined not to be

qualified for the position.

G. Employment of substitutes shall come from those employees on layoff status

except when no employee is available and qualified for the position.

H. Upon the request of the certificated employee, the District shall make

provision for the continuance of an employee's participation in any District

group insurance program. The entire premium required shall be paid by the

employee to the District payroll office on a monthly basis as required by the

payroll office.

I. All benefits to which an employee was entitled at the time of his/her layoff,

including unused accumulated sick leave and credit toward sabbatical

eligibility, will be restored to the employee upon his/her return to active

employment and the employee will be placed on the proper step of the salary

schedule for the employee's current position according to the employee's

actual experience and earned education.

J. Recall shall be by inverse order according to the department(s) for which the

employee is qualified. The District shall give written notice of recall by

sending a registered letter to the employee at his/her last known address. Any

certificated employee so notified shall respond within ten (10) working days

from receipt of said notice whether the employee accepts or rejects the

position.

K. In view of the District's affirmative action commitment to employ certificated

staff of minority racial and ethnic backgrounds, if a reduction in certificated

staff is necessary, the reduction shall affect minorities as follows:

1. If the reduction in staff can be accomplished under the normal procedures

as set forth above without lowering the percentage representation of

minorities within any of the departments or groups of specialists set out,

the standard procedures shall not apply.

2. If the reduction in staff under the above procedures would result in

lowering the percentage representation of minorities within any of the

departments set out, then as to each department where such would occur

by reason of the implementation of the normal procedures, the number of

persons within the under-represented group shall be accomplished by


applying to the member of the under-represented group itself, the normal

selection rules set forth above. Within those departments where under-

representation would not occur or be aggravated the normal rules herein

shall pertain.

ARTICLE VI - INSTRUCTION

SECTION l. STUDENT DISCIPLINE

A. In the maintenance of a sound-learning environment, the District shall expect

acceptable behavior on the part of all students who attend schools in the

District. Discipline shall be enforced fairly and consistently regardless of race,

creed, sex or status. Such discipline shall be consistent with applicable federal

and state laws.

B. The Board and Superintendent shall support and uphold employees in their

efforts to maintain discipline in the District. Further, the authority of

employees to use prudent disciplinary measures for the safety and well-being

of students and employees is supported by the Board. In the exercise of

authority by a employee to control and maintain order and discipline, the

employee may use reasonable and professional judgment concerning matters

not provided for by specific policies adopted by the Board and not

inconsistent with federal and state law or regulations. The District agrees to

follow the most recent student discipline procedures established by the

Legislature, including the provisions to exclude disruptive students.

SECTION 2. SAFE WORKING CONDITIONS

Employees may use such reasonable physical force with a student as is necessary

to protect him/herself, a fellow employee, an employee, an administrator, or

another student from attack, physical abuse, or injury, or to prevent damage to

district property. No employee will be required to remain in any building or area

that has been evacuated because of immediate life-threatening conditions.

SECTION 3. CONTROVERSIAL TOPICS

A. The District believes that controversial issues are a part of the District's

instructional program when related to subject matter in a given grade level or

specific curricular field. Employees will use professional judgment in

determining the appropriateness of the issue to the curriculum and the

maturity of students.

B. In the presentation of all controversial issues, every effort will be made to

effect a balance of biases, divergent points of view, and opportunity for

exploration by the students into all sides of the issue. In discussing

controversial issues, the employee will encourage students to express their

own views, assuring that it be one in a manner that gives due respect to one


another's rights and opinions. When discussing controversial issues, the

employee will respect positions other than his own. Students will be

encouraged, after class discussions and independent inquiry, to reach their

own conclusions regarding controversial issues.

SECTION 4. FACILITIES

The District will provide employees personal access to their teaching assignment

area and work areas seven (7) days a week, for the purpose of carrying out their

assignments. Concerns relating to employee facilities shall be routed through the

building principal to the central office for consideration. Such requests shall

receive notice of implementation or feasibility.

SECTION 5. CLASS SIZE

A. The issue of class size and balance is a continuing concern and will be dealt

with by a committee made up of Association, Administration and parent

advisory committee members. A positive learning environment with a

reasonable employee workload is a prime concern.

B. Class size shall, within budgetary constraints, be maintained at a uniform size

consistent with staff and facilities, which has previously been identified to be

30 students or less in grades 7-12 (excluding Band and Physical Education).

When pupil load becomes excessive and/or unbalanced, the Administration

shall meet with the Association and the affected employee to consider

remedies which may include, but not be limited to: balancing class loads;

modification of course schedules and teacher assignments; and/or providing

additional supplies, textbooks, instructional equipment and student desks.

The solution(s) relative to the specific overload will be submitted to the Board

for final approval. If the board has concerns regarding the feasibility of the

recommended remedy, the Superintendent will reconvene the above-

mentioned individuals to discuss the Board's concerns and other possible

solutions.

SECTION 6. CONFERENCING WITH PARENTS

A. Elementary employees (K-6) shall receive ten (10) half-days for parent

conferencing. Five (5) half days in the late fall and five (5) half days in the late

spring.

Secondary employees (7-12) shall receive eight (8) half-days for parent

conferencing/staff development to be determined mutually by staff and

administrators at each building. Four (4) half days near end of first grading

periods and four (4) half days in spring.


SECTION 7. STUDENT EMPLOYEES

No employee will be assigned a student employee without his/her prior consent

and knowledge of such an assignment. When possible, such assignment shall be

announced at least two (2) weeks in advance of the student employee's arrival.

Every employee who accepts a student employee shall receive the total

compensation provided by the contracted university for the employee.

SECTION 8. CLASSROOM INTERRUPTIONS

The continuity of the teaching process is generally broken when the class session

is interrupted by visitors. Procedures for class visitation will be determined by

the administration, in consultation with the staff.

SECTION 9. IN-SERVICE COMMITTEE

A. Inservices will be committee-driven by the various curriculum committees

and SIP teams within the District.

B. The Association may recommend to the District topics for after school

courses, workshops, conferences, and programs designed to improve the

quality of instruction.

SECTION 10. STAFF DEVELOPMENT AND TRAINING

It is recognized that an effective staff development program is necessary to

provide continuing opportunities for the professional growth of certificated

employees. Therefore, the District shall survey periodically certificated

employees to determine staff development needs. Such surveying, planning and

implementation may be with the assistance of the Association, other agencies, or

colleges and universities.

A. Staff development activities may cover the following areas:

1. released time for classroom observation and visitation.

2. released time for staff development workshops.

3. consultant and material assistance for staff involved in curriculum

innovation and change.

B. The Association may recommend to the District topics for after school

courses, workshops, conferences and programs designed to improve the

quality of instruction.

SECTION 11. STUDENT EVALUATION

Employees assigning course grades to students have the exclusive right to the

evaluation of those students and the determination of applicable course grades.

In the event that an administrator feels a grade should be changed, he/she must

first meet with the employee to try to resolve the issue. If a resolution can’t be


made, the matter will be reviewed by a committee consisting of the teacher and

administrator involved, an alternate administrator and an Association designee.

ARTICLE VII - LEAVES

SECTION l. GENERAL PROVISIONS

Leaves of absence during the regular school year shall be granted as set forth in

the following sub-sections pertaining to leave, and in the case of extreme

emergency, not covered by policy, within the sound discretion of the

Superintendent.

SECTION 2. SICK LEAVE

A. At the beginning of each school year each employee shall be credited with an

advanced sick leave allowance of twelve (12) days with full pay to be used for

absence caused by illness, injury, poor health, maternity, quarantine or other

disability. Each employee's portion of unused sick leave allowance shall

accumulate from year to year as regulated by state law.

B. At the end of each year the District will provide each employee with an

accounting of their accumulated sick leave and all transactions concerning

their sick leave days within that time period.

C. An employee who is unable to perform the duties because of personal illness,

maternity or other disability may, upon request, be granted leave of absence

without pay at the exhaustion of sick leave. Leaves for these conditions may

be renewed annually. Application for leave and application for renewal of a

leave of absence for such conditions shall be made in writing to the

Superintendent. An employee who has been granted leave may return to

service during the period of the leave after giving ten (10) days written notice

to the Superintendent with written permission of his/her personal physician.

SECTION 3. SICK LEAVE CASH OUT

Annually each employee may cash out the unused sick leave days he/she has

accumulated that year (Jan. 1-Dec. 31) provided such employee has accumulated

a minimum of sixty (60) days. The employee may cash out up to twelve (12) days

per year on January 1 of each year. At the time of separation from the District

due to retirement or death, the employee or his/her estate shall have all of his/her

sick leave cashed out on the same one (1) for four (4) ratio.

SECTION 4. JOB- RELATED INJURIES

Absence due to injury incurred in the course of the employee's employment may

be compensated for in the following manner: For absences due to job- related

injuries which qualify for Industrial Accident and Workmen's Compensation


coverage, a pro-rated portion of sick leave may be used, which when added to

any of the above compensation shall equal, but not exceed, the employee's

normal salary.

SECTION 5. MATERNITY LEAVE

A. Any employee who is pregnant while employed by the District shall not be

required to take maternity leave at the expiration of any arbitrary time period

during pregnancy, but shall be allowed to teach as long as she is capable of

performing the duties of her job and as long as her physician concurs.

B. To be entitled to maternity leave under this section, an employee shall inform

the building principal and the school administration a reasonable time in

advance of her intention to take leave and the approximate time when she

expects to return to her work. Within thirty (30) calendar days after childbirth

she shall inform the school administration of the specific day when she will

return to her teaching duties. Unless the woman's physical condition does not

permit her to return to work, sixty (60) calendar days after childbirth will be

considered a reasonable time to be allowed for maternity leave purposes.

C. The employee's position will be held open during the first five (5) consecutive

months of maternity leave.

D. In the event of the birth of a child of the employee's spouse, five (5) days of

sick leave will be granted.

SECTION 6. SICK LEAVE SHARING

A. An employee may, of his/her own choice, donate portions of his/her

accumulated sick leave to come to the aid of another named employee

suffering from an extraordinary or severe illness, injury, impairment or

physical or mental condition which has caused or is likely to cause the

employee to take an extended leave without pay or to terminate his/her

employment. The determination of whether or not the illness, injury, or

impairment is extraordinary and/or severe will be made by the

Superintendent and/or designee and recommended to the Board for formal

approval.

B. The Superintendent and/or designee may, if appropriate, require a health care

providers' statement confirming the extent and/or severity of the illness,

injury, or impairment.

C. A contributing employee must have an accrued sick leave balance of more

than twenty-two (22) days to assign his/her sick leave to another named

employee.

D. An employee may donate any amount of leave that does not result in the

employee’s total falling below the minimum balance for donation.


E. Employees cannot donate sick leave days that would result in his/her sick

leave account balance going below twenty-two (22) days.

F. Sick leave includes leave accrued pursuant to the RCW's with compensation

for illness, injury and emergencies.

G. An employee, as recipient of leave transferred under this section, shall be

classified as an employee and receive the same treatment in respect to salary,

wages, and employee benefits as the employee would normally receive if

using accrued annual leave or sick leave.

H. In the event the donated sick leave is not fully utilized by the receiving

employee, said employee must return the unused sick leave advanced to the

respective donating employee on a pro-rata basis.

SECTION 7. BEREAVEMENT LEAVE

Bereavement leave, not to exceed five (5) days, will be allowed with pay to all

certificated employees for each death in the immediate family. "Immediate

family" means the mother, mother-in-law, father, father-in-law, spouse, son,

daughter, brother, sister, grandparents, grandchildren, any relative living in the

immediate household of the employee, or in case of extremely close tie as

explained to and approved by the administrator.

SECTION 8. EMERGENCY LEAVE

A. Five (5) days of non-accumulative paid emergency leave shall be granted each

year. Emergency leave may be taken at the employee's discretion due to a

problem that has been suddenly precipitated or is unplanned, or where

preplanning could not relieve the necessity for the employee's absence, such

as family illness or act of God, etc. Such leave shall not be taken for personal

profit or pleasure. Emergency leave shall not be used to extend other leaves

or absences. Family illness, covered in policy 5403, shall prevail if more than

five (5) days are needed.

B. Emergency leave will be deducted from sick leave. Employees shall notify

their building principal twenty-four (24) hours in advance of such leave, if

possible. Additional days may be granted with employee paying substitute at

the discretion of the Superintendent.

SECTION 9. JURY DUTY AND SUBPOENA LEAVE

A. An employee who is away from his/her duties because of jury duty shall be

paid for such time lost at his/her normal rate of pay. The District will be

reimbursed by the Employee the amount of jury duty fees paid less any

mileage and/or jury duty related expenses paid.

B. An employee will be granted subpoena leave as may be required by the

subpoena, and shall be paid his/her regular salary less any compensation


received for his/her services, excluding transportation and per diem expenses,

when the Employee is the party in such action while in the performance of

his/her duties; provided, however, but not in an adversary role against the

district.

C. The Superintendent or designee may extend the definition and intent of the

subpoena leave policy on an individual basis.

D. The employee shall notify the District when notification to serve on a jury

duty is received.

SECTION 10. SABBATICAL LEAVE

A. Certificated employees after seven (7) continuous years of employment in the

District may be granted up to twelve (12) months sabbatical leave, where

granting of such leave will benefit the pupils, staff, and District. If granted

sabbatical leave, salary will not exceed 75% of the current year's salary.

B. Dates. Application shall be submitted by February 1 preceding the school

year for which such leave is requested. Notification of decision on granting of

such leave must be made by March 15.

C. Review Committee. Sabbatical leave request(s) to be reviewed and

recommendation made by a committee consisting of two (2) employees

appointed by the president, the building administrator involved, and the

Superintendent. Final decision rests with the Board.

D. Criteria. Certificated employees requesting sabbatical leave must meet the

following criteria:

1. Shall have completed his fifth year program or under the 1971 standards

have a continuing certificate;

2. Shall have demonstrated a commitment of professional improvement

(through schooling, approved travel, or other) prior to applying for

sabbatical leave; and

3. Shall clearly and satisfactorily explicate in the application for sabbatical

leave how the sabbatical leave will benefit the pupils, staff and District.

E. Service Obligation Upon Completion of Sabbatical Leave. Certificated

employees who are granted Sabbatical leave pursuant to the above shall

obligate themselves to return to teaching in the District for a period of at least

two (2) years following the completion of sabbatical leave.

F. Promissory Note. Personnel taking sabbatical leave will be required to sign a

non-interest-bearing promissory note with the District for the amount of

compensation to be received while on leave. Upon completion of one (1) year

of service following the leave, one-half (1/2) of the note will be canceled; and

upon satisfactory completion of sabbatical conditions, the other one-half (1/2)


of the note will be canceled. However if the employee does not return to

employment in the District in the year immediately following the sabbatical

leave, the promissory note in favor of the District shall be forfeited; provided,

that if by mutual agreement of the employee and the District, the

employment shall be terminated, the promissory note shall be canceled; and

provided further, should an employee be unable to return to the District due

to physical or mental disability, repayment of the stipend will be set aside

until such time as the employee is again able to return to his assignment with

the District.

G. Salary Payment and Fringe Benefits. All salary that is to be received during

sabbatical leave shall be paid in monthly installments and all benefits towards

employee retirement and participation in any permissive health and accident

program shall be deducted in the same manner as if the employee were

teaching.

H. Number on Sabbatical Leave. No more than one (1) of the certificated

employees will normally be granted sabbatical leave in any school year.

I. Report Obligation Upon Return. Within thirty (30) days after completion of

sabbatical leave, a report shall be filed with the Superintendent, giving

substance of courses taken and a list of recommendations for implementing

the knowledge gained during the sabbatical leave.

J. Definitions

1. For the purposes of A. through I, the words "employee" and "teaching" shall

be applied to employees who are in the bargaining unit.

2. "Current year salary" refers to the actual year the leave is taken, not the year

when application is made.

K. Scholarships. Employees may at any time request leave to accept

scholarships up to one (1) full year which would not involve the District in

any financial obligation, in which case, all other provisions of the sabbatical

leave policy would apply.

SECTION 11. ADOPTION LEAVE

An employee adopting a child shall notify the District in writing of the intent to

take adoption leave stating the expected dates of commencement of leave and

return to employment. Adoption leave may be granted without pay for a period

not to exceed one (1) year. An employee returning from adoption leave shall be

placed in a position for which he/she is qualified.

SECTION 12. MILITARY LEAVE

Employees shall be granted military leaves of absence when required by law and

shall not suffer any loss of efficiency rating, privileges, or pay according to RCW


38.40.060. The District agrees to follow the statutory provisions governing the re-

employment of returned veterans.

SECTION 13. ATTENDANCE AT PROFESSIONAL MEETINGS AND

CONFERENCES

A. Any day on which a certificated employee, while absent, is engaged in an

activity under the direction of the Board shall not be regarded as an absence,

provided such business has been cleared through the Superintendent's Office.

(Example: visiting other schools, speaking engagements involving education, research

or preparation involved in presenting professional projects.)

B. Certificated employees may be absent as representatives of the district or the

professional organization to attend educational meetings and to serve in

workshops and on committees without deduction of pay, provided prior

approval has been obtained from the Superintendent. The expense incurred

by the certificated employee while he/she is serving as a representative of the

District shall be paid by the host district, the local school district or the

professional organization. The nature of the meeting would determine which

group was financially responsible.

C. Certificated employees may be granted leave with full pay for the purpose of

attending official or private educational institutions and conferences. A

request form for the above shall be utilized by the certificated employee

organization five (5) days prior and given to the building principal and

Superintendent for approval. This form will be provided by School District

No. 405-17.

SECTION 14. OTHER LEAVES

A. Leaves of absence up to one (1) year without pay may be granted employees

for the purpose of study, travel, recuperation, teaching in another school

district, working in a professionally related field, Association or Association

related business.

B. Leaves of absence may be approved by the Board upon recommendation of

the Superintendent. The employee is entitled to return to the District to a

position for which they are qualified. This leave, if for one (1) year, entitles an

employee to a normal salary increment if teaching in another school district

or approved by the Superintendent.

C. Upon request by the employee, the leave may be extended for an additional

year upon recommendation by the Superintendent.

D. Leaves of absence requested by the employee that are not covered under any

other Section in this Agreement are determined to be Unpaid Leaves. The

granting of such a request will be made by the sound discretion of the


Superintendent. Any employee granted an unpaid leave will lose daily per

diem pay for each day the leave is taken.

SECTION 15. ANNUAL LEAVE

A. Employees will be granted three (3) days Annual Leave per year with pay.

Annual leave is accumulative to a maximum of five (5) days. At the end of the

school year, if the employee has any unused days, he/she can either carry

forward up to two (2) of those days or will be reimbursed at the beginning

substitute rate. Any annual days that are carried forward are not eligible for

reimbursement the following year.

B. Leave days may be taken in half days of full days, however leave days taken

before holidays or vacations will be limited to eight percent (8%) of the total

Association.

ARTICLE VIII - FISCAL

SECTION 1. WORK DAY

A. The school work day for employees will be seven (7) hours and thirty-five

(35) minutes including a one-half (1/2) hour lunch, excluding all faculty

meetings which employees are required to attend. Generally, faculty

meetings will not exceed one and one-half (1 1/2) hours beyond the work day

per month. Consistent with the requirement of being available for a specific

student or parent conference (WAC 180-44-050), an employee may, upon

specific approval of his/her principal, or designee, arrive late or leave directly

after the close of school. If faculty meetings in a month exceed the one and

one-half (1 1/2) hour time, this same procedure would apply.

B. School will be dismissed no later than 12:05 P.M. on the day prior to

Thanksgiving. If school is in session on Dec. 23, school will be dismissed no

later than 12:05 P.M. Employees may leave one-half (1/2) hour after students

are dismissed.

C. Deviations from this schedule may be granted by special permission of the

building principal; however, the principals will not lengthen the workday.

D. Employee at 7-12 grade levels will have one (1) class period per day for

preparation on a regular class day.

Employees at 4-6 grade levels will have preparation time of forty-five to

ninety (45 – 90) minutes per day to be scheduled by their classes attending

music, physical education and art. This preparation time is exclusive of the

thirty (30) minutes before school and fifteen (15) minutes after school and will

be scheduled for ninety (90) minutes whenever possible.


Employees at K-3 grade levels will have a minimum of forty-five (45) minutes

of continuous preparation daily. Employees will also receive an additional

thirty (30) minutes per week by their classes attending library on scheduled

days. This preparation time is exclusive of the thirty (30) minutes before

school and fifteen (15) minutes after school.

In the event that the “PLC/Collaboration” time is repealed at a future date the

third paragraph will return to the previous (2007-2009) CBA language:

“Employees at the elementary school (K-4) will have preparation time from

2:25-3:00 daily, along with the preparation time provided by classes attending

music, physical education and library, exclusive of the thirty (30) minutes

before and fifteen (15) minutes after school”.

E. Each employee will have a thirty (30) minute continuous duty-free lunch

period.

F. Employees will not be assigned to any more non-professional duties than

necessary. The District will make every effort to keep non-professional duties

to a minimum.

G. The District agrees to provide ten (10) early release days which will be used

for department and building planning, staff development, District

communications, or parent-teacher conferences. No more than two (2) early

release days would be directed by the District office--all others will be

determined mutually by the employees and the building principal. Every

effort will be made to insure that certificated staff will be duty free by 1:40 PM

on these early release days.

SECTION 2. EMPLOYEE WORK YEAR

A. The work year covered by this Agreement is set forth in the appendices,

which are attached hereto and made a part hereof.

B. The length of the employee contract shall be one hundred eighty (180) days

and one hundred eighty-two (182) days for new employees.

C. The District and the WSEA shall work together through the Inservice

Committee to provide inservice opportunities for employees. Inservice

programs are to be offered on scheduled employee inservice days, and all

employees will participate. Inservice programs offered during non-teaching

hours (i.e., evenings and weekends) shall be voluntary; and employees will not

be paid for time in attendance.

SECTION 3. ADDITIONAL DAYS

A. Flex Days:

Building principals must provide documentation of attendance and actual

time worked before these days can be paid.


1. The day before classes begin: District "start-up" a.m.; 1/2 day classroom

start-up.

2. Two (2) optional days to be used before or after the school year, or

during the school year on non-school days, at actual per diem.

3. One (1) optional day to be used at semester break at actual per diem

rate.

4. Two (2) optional days to be used before or after school. These two

days may be used for professional development at the discretion of the

employee. These two days are for the duration of this agreement and

subject to being reopened mid-contract due to budget shortfall.

B. Required Contract days: Learning Improvement Days:

If for any reason the legislature votes to alter the number of Learning

Improvement Days, the contracted days will be mutually agreed upon and

adjusted accordingly.

SECTION 4. SCHOOL CALENDAR

Prior to spring break each year, the Association and the Board will discuss and

finalize the school calendar.

SECTION 5. PAYMENT

All employees shall be placed on the annual salary schedule in accordance with

the criteria for salary schedule placement as contained in the Collective

Bargaining Agreement.

SECTION 6. PROVISIONS GOVERNING EMPLOYEE'S SALARY

SCHEDULE

A. The base salaries for the employees covered by this agreement shall be set

forth in the appendices. In the event the Legislature reduces the

appropriations originally authorized for funding the state allocation model

adopted as the District’s salary schedule under Section 7 of this Article during

the 2015-17 biennium, but does not make corresponding reductions in whole

or in part, to the state allocation model for school years 2015-16 or 2016-2017,

the District’s obligation to fund the salary schedule under Section 7 for that

school year shall be limited to passing through all money actually funded by

the State for the District’s certificated instructional staff allocation and

Appendix A shall be deemed modified to reflect the reduced funding. In

addition, if such a reduction of state funding occurs, this section of the

contract shall re-open for negotiations.

B. Employees shall be awarded full credit for teaching experience outside this

District that required possession of a valid teaching certificate.


C. Employees will be paid in twelve (12) equal monthly payments.

D. Employees shall be paid on the last state business day of the month.

E. The deadline for filing of credits in the District office for employees already

on the faculty and for salary adjustments for the following year is

September 15.

F. Employees--who file by September 15 transcripts of credits--will have their

salaries adjusted to the salary schedule currently in force and will be

retroactive to September 1. If, for some circumstances beyond the control of

the employee, the college transcripts or grade reports are not available and

the District has been advised by the College of the credit, the employee shall

be granted the allowance for the credit.

Acceptance of Clock hour/inservice credits: The District shall accept all

Clock Hour and Inservice Credits that meet State Board of Educational

Approval Standards for Clock Hour and Inservice Credit. If the credits are

approved by the Office of the SPI, the credits shall count for advancement on

the local salary schedule. Ten (10) clock hours of inservice shall be equal to

one quarter university credit and shall be recognized for local salary schedule

placement. The District shall cover the cost of any clock hours (in conjunction

with ESD112) taken by employees.

If an employee wishes to take a course offered by any ESD in the state of

Washington and that course is not offered by ESD 112 the District agrees to

reimburse the employee for those courses not to exceed the fee schedule of

ESD 112.

G. Freedom to Select Courses. The employee shall have the freedom of choice in

taking classes which meets one (1) or more of the criteria established in the

legislative:

The course must meet at least one of the following (ESHB 1410, Section 503):

1. Is consistent with the school district's strategic plan for improving student

learning;

2. Is consistent with a school-based plan for improving student learning

developed under section 520(2) (student learning improvement block grants)

for the school in which the individual is assigned;

3. Pertains to the individual's current assignment or expected assignment for

the following school year;

4. Is necessary for obtaining an endorsement as prescribed by the State

Board of Education;

5. Is specifically required for obtaining advanced levels of certification;


6. Is included in a college or university degree program that pertains to the

individual's current assignment, or potential future assignment, as a

certificated instructional staff.

H. Out-of-State Credit. Employees hired from out-of-state shall be given the

same credit consideration, rights and benefits as those hired within state or

those presently working for the District.

I. In the event of a mistake in payment resulting in underpayment or

overpayment, corrections shall be made within a reasonable period of time.

J. In order to receive full retirement benefits, employees retiring at the end of

the school year shall receive their July and August salaries with the June

payment.

SECTION 7. SALARY COMPLIANCE

A. The salary schedule shall be the same as the state allocation models (see

Appendix A). In the event the Legislature reduces the appropriations

originally authorized for funding the state allocation model adopted as the

District’s salary schedule under Section 7 of this Article during the 2015-17

biennium, but does not make corresponding reductions in whole or in part, to

the state allocation model for school years 2015-16 or 2016-2017, the District’s

obligation to fund the salary schedule under this Section 7 for that school year

shall be limited to passing through all money actually funded by the State for

the District’s certificated instructional staff allocation and Appendix A shall

be deemed modified to reflect the reduced funding. In addition, if such a

reduction of state funding occurs, this section of the contract shall re-open for

negotiations.

B. Experience and education increments shall be paid effective September 1 of

each year.

C. In the event the District is notified of non-compliance, the parties will meet

within ten (10) workdays of said notice to bargain the necessary adjustments.

Bargaining unit employee shall only be liable for the portion of non-

compliance that they created as a result of this salary settlement.

D. The District shall use all money from the state for certificated salary.

SECTION 8. EXTRA DUTY PAY

Extra duty pay for non-curriculum responsibilities will be $18.00 per hour. Extra duty pay will provided at the non-curricular rate for the following activities for a maximum of two (2) hours per event:

• Showcases

• Kindergarten orientation

• Whitson BBQ


• Middle School, Intermediate School and High School Open House

• 4th grade orientation

• Freshman orientation

• Curriculum Nights at Whitson, Henkle, Stevenson and Columbia Extra duty pay for curriculum work shall be at rate of $22.00. The District Curriculum and Instructional Facilitator will consult with the building administer to determine the number of hours to be paid to individual employees for curriculum work. Extra duty pay for attending the collaboration in-services outside of a part-time employee’s contract day shall be paid at the base per diem rate. The number of days will be determined by the approved district calendar. In the course of any school year, if an employee reaches the level of two hundred and fifty dollars ($250.00) in extra duty pay (curriculum or non-curriculum) he/she may relinquish the accumulated pay for one additional personal leave day. The district will provide a form to record the hours worked, the employee will submit the form to the District Office when the 250 dollar amount is reached.

SECTION 9. INSURANCE BENEFITS

The District shall make available to each employee a medical-dental-vision-life

insurance package.

The District will pass through the maximum state allocation of money intended

for insurance premiums for all unit members. The District shall also place in the

insurance pool for all unit members the amount per month for the annual HCA

carve out. The District contributions for part-time employees will be pro-rated.

SECTION 10. TRAVEL

Employees shall use school vehicles when traveling on authorized school

business. In cases where no school vehicle is available, employees required by the

administration to use their own vehicles shall be compensated at the most recent

rate allowed by the State of Washington.

SECTION 11: EMERGENCY CLASS COVERAGE

The District will make every effort to secure a substitute to cover a teacher’s

absence from class, even using an absent teacher’s substitute during the absent

teacher’s preparation period. If a current certified employee is asked to cover

another teacher’s class for an emergency or sick leave with less than 24 hours

notice, the employee will be compensated at 1.5 their hourly rate for that class

coverage.


SECTION 12. NATIONAL BOARD CERTIFICATION

The District supports the National Board Certification Process and will provide for the flow through of all of the state appropriations designated for the compensation of those certificated employees receiving National Certification.

Employees in the process of pursuing National Board Certification shall have priority in reassignment decisions to be placed in the same grade level or department in order to continue the certification process.

The District will provide the following support to candidates for the National Board for Professional Teaching Standards:

1. Use of videotapes and equipment 2. Use of copy machine and supplies 3. Help with videotaping 4. Two release days annually during the completion of the certification process, not

to exceed three years

District Facilitation--The District will provide when available the facilitator(s) for the District facilitation group and will pay the facilitator per candidate per component (range is $75 to $175 or as set by OSPI) not to exceed 10 candidates per facilitator per year.

ARTICLE IX - GRIEVANCE PROCEDURE

SECTION 1. PROCEDURE

A claim by an employee or the Association that there has been a violation,

misinterpretation or misapplication of any provision of this Agreement to the

detriment of the claimant may be processed as a grievance as hereafter provided.

In the event that a employee believes that there is a basis for a grievance, the

employee may first discuss the alleged grievance with his/her building principal

or other appropriate supervisor either personally or accompanied by his/her

Association representative. If the grievance is not thus resolved, formal grievance

procedures may be instituted.

Substantive portions of the evaluation and the financial determination for

Reduction in Force will be excluded from binding arbitration.

STEP l

The grievant may invoke the formal grievance procedure through the

Association on grievance form which will be available in each building. A

copy of the grievance form shall be delivered to the principal or appropriate

supervisor. If the grievance involves more than one (1) school building, it

may be filed with the Superintendent or a representative designated by the

Superintendent. A grievance must be filed within fifteen (15) school days of

the occurrence of which he complains.


STEP 1 REPLY

Within five (5) school days of receipt of the written grievance, the principal or

appropriate supervisor shall meet with the grievant in an effort to resolve the

grievance. The principal or appropriate supervisor shall indicate his/her

disposition of the grievance in writing within five (5) school days of such

meeting and shall furnish a copy thereof to the Association.

STEP 2

If the grievant is not satisfied with the disposition of the grievance, or if no

disposition has been made within five (5) school days of such meeting--or ten

(10) school days from date of filing, whichever shall be later,--the grievance

shall be transmitted to the Superintendent.

STEP 2 REPLY

Within five (5) school days the Superintendent or his designee shall meet with

the grievant on the grievance and shall indicate his/her disposition of the

grievance in writing within five (5) school days of such meeting, and shall

furnish a copy thereof to the Association.

STEP 3

If the grievant is not satisfied with the disposition of the grievance by the

Superintendent or if no disposition has been made within the period above

provided, the grievance at the option of either of the parties hereto may be

submitted before an impartial arbitrator. The Association shall initiate

arbitration by giving the Superintendent written notice of its intent to

arbitrate within five (5) school days of receipt of the written disposition of the

Superintendent. The American Arbitration Association rules shall govern the

arbitration proceedings, unless otherwise agreed to in writing.

The decision of the arbitrator, when acting within his jurisdiction, shall be

final and binding upon both parties.

SECTION 2. ARBITRATION COSTS

Each party shall bear its own costs of arbitration except that the fees and charges

of the arbitrator shall be shared equally by the parties.

SECTION 3. JURISDICTION OF THE ARBITRATOR

A. The arbitrator shall have no power to alter, add to, or subtract from the terms

of this Agreement. The arbitrator shall decide only the interpretation and

application of this Agreement. Upon request of either party, the merits of a

grievance and the determination of the jurisdiction of the arbitrator shall be

consolidated.


B. In the event that the arbitrator's award is unsuccessfully challenged in court,

the challenging party shall be liable for the reasonable costs and attorney's

fees of the prevailing party.

SECTION 4. TIME LIMITS

The time limits provided in this Article shall be strictly observed unless extended

by written agreement of the parties. In the event a grievance is filed after May 15

of any year, the Board shall use its best efforts to process such grievance prior to

the end of the school term or as soon thereafter as possible. Failure of the

Association to proceed with its grievance within the times hereinafter provided

shall result in the dismissal of the grievance. Failure of the Board or its

representatives to take the required action within the times provided shall entitle

the Association to proceed to the next step on the grievance procedures.

SECTION 5. GRIEVANCE AND ARBITRATION HEARINGS

All hearings or conferences pursuant to this grievance procedure shall be

scheduled at a time and place which will afford a reasonable opportunity for all

parties entitled to attend to be present, including any and all witnesses. Every

effort will be made to avoid disruption of the operation of the District.

SECTION 6. INDIVIDUAL COMPLAINTS

In accordance with RCW 41.59.090 any employee may at any time present his

grievance to the District and have his/her grievance adjusted without the

intervention of the Association, as long as the Association has been given an

opportunity to be present at that adjustment and to make its views known, and

as long as the adjustment is not inconsistent with the terms of this Agreement.

SECTION 7. CONTINUITY OF GRIEVANCE

Notwithstanding the expiration of this Agreement, any claim or grievance arising

hereunder may be processed through the grievance procedure as set forth herein

until resolved.


ARTICLE X - DURATION

SECTION 1. TERM OF AGREEMENT

This Agreement shall be effective as of September 1, 2015, and shall continue in

effect until the 31st day of August 2017.

SECTION 2 RE-OPENERS

a. This contract may be re-opened for the 2016 – 2017 school year if the 2016

legislature changes any of the provisions for salaries or benefits as

provided by the 2015 legislature. If the 2016 legislature does change

salary or benefits provisions, either side may request that negotiations on

these issues be re-opened.

b. Prior to the second year of the contract, both sides agree to meet and

confer on any issues of concern. As a result of such meetings, this

Agreement may be opened for amendments by the mutual consent of both

parties.

c. This Agreement shall be opened for the purpose of negotiation a successor

contract at least ninety (90) days prior to the termination date.


APPENDIX A1 — 2015-2016 SALARY SCHEDULE


APPENDIX B-1 — EXTRA CURRICULAR SALARY SCHEDULE

FOR 2015-2017

High School:

Music Director 12%

Annual Advisor 7%

VICA Advisor 3%

FBLA Advisor 5%

NHS Advisor 5%

Middle School:

Annual Advisor 4%

Music Director 2%

Drama Advisor 2%

Elementary:

Opera (sharing) 4 hrs. each/non-curriculum rate

Music Director 2%

Team Leader (one per grade level) $250.00

When a sports season is extended because a team is participating in district or

state tournament games, the salary of the band director shall be increased 5% of

that salary for each week of such extended play.


APPENDIX C — GRIEVANCE REVIEW REQUEST FORM

This form is to be utilized in initiating a grievance pursuant to the grievance

procedure contained in the Agreement between the Board and the Association.

The completed, signed Grievance Review Request must be submitted in

presenting a grievance at Steps 1, 2 and 3. The form must be addressed and

delivered to the appropriate administrative supervisor at Step 1, and to the

Superintendent at Steps 2 and 3.

TO: _________________________________________ _______________________

Name Title

Grievant's Name: _______________________________________________________

Address: _______________________________________________________________

Home Phone: ______________________

Position or Title: ____________________

School: _____________________________ Department: ______________________

l. Consistent with the procedure for processing grievances I have taken the

following actions: (indicate specifically by name and title who has officially

reviewed the grievance to date.)

Step l _______________________________________________________________

____________________________________________________________________

Step 2 _______________________________________________________________

____________________________________________________________________

2. The article allegedly violated is: _______________________________________

____________________________________________________________________

3. The relief I am seeking is: _____________________________________________

____________________________________________________________________

Signature: _____________________________________ Date: _________________


APPENDIX D — OBSERVATION/FINAL EVALUATION REPORT

CLASSROOM EMPLOYEE

Classroom Teacher Evaluation Final Comprehensive Evaluation �� Final Focused Evaluation ��

Observation ____ 90 Day ____ Annual_________

Teacher: _____________________________ Position / Grade Level: ________

Observation Date: ______________ Time: ______________________

Criteria 1: Centering Instruction On High Expectations For Student Achievement.

Unsatisfactory 1

Basic 2

Proficient 3

Distinguished 4

1.1 P1: Connection to standards, broader purpose and transferable skill

Add Scores From All Columns To Get a “Total Score”

1.2 P4: Communication of learning target(s)

1.3 P5: Success criteria and performance task(s)

1.4 SE3: Work of high cognitive demand

1.5 CEC3: Discussion, collaboration and accountability

Overall Rating Range Scored for Final Evaluation ONLY

5 6-10 11-15 16-20

Comment:


Comment:

Criteria 2: Demonstrating Effective Teaching Practices

Unsatisfactory 1

Basic 2

Proficient 3

Distinguished 4

2.1 SE1: Quality of questioning

Add Scores From All

Columns To Get a “Total

Score”

2.2 SE5: Expectation, support and opportunity for participation and meaning making

2.3 SE6: Substance of student talk

2.4 CP6: Scaffolds the task

2.5 CP7: Gradual release of responsibility


5 6-10 11-15 16-20


Criteria 3: Recognizing

Individual Student Learning Needs and

Developing Strategies to Address those Needs

Unsatisfactory 1

Basic 2

Proficient 3

Distinguished 4

3.1 P3: Teaching point(s) are based on students’ learning needs

Add Scores From All


Score”

3.2 SE2: Ownership of learning

3.3 SE4: Strategies that capitalize on learning needs of students

3.4 CP5: Differentiated instruction

3.5 A6: Teacher use of formative assessment data

3.6 SG 3.1: Establish Student Growth Goal(s)

3.7 SG 3.2: Achievement of Student Growth Goal(s)


7 8-14 15-21 22-28

Comment:


Comment:

Criteria 4: Providing Clear and Intentional Focus On Subject Matter Content and Curriculum

Unsatisfactory 1

Basic 2

Proficient 3

Distinguished 4

4.1 P2: Connection to previous and future lessons

Add Scores From All


Score”

4.2 CP1: Alignment of instructional materials and tasks

4.3 CP2: Discipline-specific conceptual understanding

4.4 CP3: Pedagogical content knowledge

4.5 CP4: Teacher knowledge of content


5 6-10 11-15 16-20


Comment:

Criteria 5: Fostering and Managing a Safe, Positive Learning Environment

Unsatisfactory 1

Basic 2

Proficient 3

Distinguished 4

5.1 CEC1: Arrangement of classroom

Add Scores From All


Score”

5.2 CEC2: Accessibility and use of materials

5.3 CEC4: Use of learning time

5.4 CEC5: Managing student behavior

5.5 CEC6: Student status

5.6 CEC7: Norms for learning


6 7-12 13-18 19-24


Comment:

Criteria 6: Using Multiple Student Data Elements To Modify Instruction and Improve Student Learning

Unsatisfactory 1

Basic 2

Proficient 3

Distinguished 4

6.1 A1: Self-assessment of learning connected to the success criteria

Add Scores From All


Score”

6.2 A2: Demonstration of learning

6.3 A3: Formative assessment opportunities

6.4 A4: Collection systems for formative assessment data

6.5 A5: Student use of assessment data

6.6 SG 6.1 Establish Student Growth Goal(s)

6.7 SG 6.2: Achievement of student Growth Goal(s)


7 8-14 15-21 22-28


Comment:

Criteria 7: Communicating and Collaborating with Parents and the School Community.

Unsatisfactory 1

Basic 2

Proficient 3

Distinguished 4

7.1 PCC3: Parents and guardians Add Scores

From All Columns To Get a “Total

Score”

7.2 PCC4: Communication within the school community about student progress


2 3-4 5-6 7-8


Comment:

Summary Observation / Evaluation Comments:

Criteria 8: Exhibiting Collaborative And Collegial Practices Focused On Improving Instructional Practice And Student Learning

Unsatisfactory 1

Basic 2

Proficient 3

Distinguished 4

8.1 PCC1: Collaboration with peers and administrators to improve student learning

Add Scores From All


Score”

8.2 PCC2: Professional and collegial relationships

8.3 PCC5: Supports School, district, and state curriculum. Policy and initiatives

8.4 PCC6: Ethics and advocacy

8.5 SG 8.1: Establish Student Growth Goal(s), implement, and monitor growth


5 6-10 11-15 16-20


Classroom Teacher Evaluation Final Comprehensive Evaluation ��

Final Focused Evaluation ��

FINAL SUMMARY FOR COMPREHENSIVE EVALUATION Criteria Score

Criteria 1: Centering Instruction On High Expectati ons For Student Achievement.

Criteria 2: Demonstrating Effective Teaching Practices

Criteria 3: Recognizing Individual Student Learning

Criteria 4: Providing Clear and Intentional Focus On Subject Matter Content and Curriculum

Criteria 5: Fostering and Managing a Safe, Positive Learning Environment

Criteria 6: Using Multiple Student Data Elements To Modify Instruction and Improve Student Learning

Criteria 7: Communicating and Collaborating with Parents and the School Community.

Criteria 8: Exhibiting Collaborative And Collegial Practices Focused On Improving Instructional Practice And Student Learning

Enter “total criteria score”

Preliminary summative rating Unsatisfactory Basic Proficient Distinguished Preliminary

Rating Overall “Rating Range” 8-14 15-21 22-28 29-32

Student Growth Subcriteria

3.6 3.7 6.6 6.7 8.5 Total

Score

LOW Average High Student Growth Rating

Overall Student Growth “Rating Range”

5-12 13-17 18-20


SCORING CHART

The teacher’s final overall rating is (circle one): Unsatisfactory Basic Proficient Distinguished Date:______________ Principal /Designee:______________________________ My signature below indicates that I have seen this observation / evaluation. It does not

necessarily indicate agreement with the findings.

Date: ______________ Employee: _________________________________________ The employee may add written comments in response to the information on this form.

CRITERION SCORE +STUDENT GROWTH SCORE =FINAL SUMMATIVE RATING

DISTINGUISHED Criterion Score

29-32

+ HIGH 18-20 OR

AVERAGE13-17 STUDENT GROWTH

= DISTINGUISHED

DISTINGUISHED Criterion Score

29-32

+LOW STUDENT GROWTH 5-12

= PROFICIENT

1 Year Student Growth Plan

PROFICIENT Criterion Score

22-28

+ HIGH 18-20 OR


= PROFICIENT

PROFICIENT Criterion Score

22-28


= PROFICIENT

1 Year Student Growth Plan

BASIC Criterion Score

15-21

+ HIGH 18-20 OR


= BASIC

BASIC Criterion Score

15-21


= BASIC 1 Year Student Growth Plan

UNSATISFACTORY Criterion Score

8-14

+ HIGH 18-20 OR

AVERAGE13-17 LOW 5-12

STUDENT GROWTH

= UNSATISFACTORY

Plan of Improvement


APPENDIX E – CEL 5D+ TEACHER EVALUATION RUBRIC 2.O BY

WASHINGTON STATE CRITERIA


APPENDIX F – TEACHER EVALUATION – STUDENT GROWTH

GOAL SETTING Teacher: ___________________________________ Date:_______________

� COMPREHENSIVE EVALUATION SET A SPECIFIC, MEASURABLE, ATTAINABLE, RELEVANT AND TIMELY (SMART) GOAL FOR EACH OF THE 3 CRITERION BELOW:

� FOCUSED EVALUATION: SET A SPECIFIC, MEASURABLE, ATTAINABLE, RELEVANT AND TIMELY (SMART) GOAL FOR ONE (1) OF THE 3 CRITERION BELOW:

Criterion 3: Growth focused on a subgroup of students. Write yourself a goal, responding to each one of the elements of a SMART goal. This will guide your professional growth this year. Criterion 6: Growth focused on whole classroom. Write yourself a goal, responding to each one of the elements of a SMART goal. This will guide your professional growth this year. Criterion 8: Growth measures targeted by PLC/grade-level team, and monitored throughout the year. Write yourself a goal, responding to each one of the elements of a SMART goal. This will guide your professional growth this year. Teacher Signature: ___________________________________ Date: _______________ Evaluator Signature: __________________________________ Date: _______________

white salmon ea 2015-2017 final - edl...white salmon cba 2015-2017 – pg 2 assistants to the...

Documents