copeland usd #476 board and teachers negotiations` agreement

COPELAND U.S.D. #476 BOARD AND TEACHERS
NEGOTIATIONS’ AGREEMENT
2015-2016
Modifications in blue
ARTICLE I – General Recognition
The Copeland Unified School District, hereinafter referred to as the “Board” recognizes the Copeland Teacher’s
Association, hereinafter referred to as “CTA”, as the bargaining representative of all certificated employees in the
Copeland School District, except any person employed by the Board in an administrative capacity who is fulfilling
duties for which an administrator’s certificate is required.
ARTICLE II – Work Day
Work Day. Teachers are to be at school at 7:35 a.m. and remain until 4:00 p.m. The normal workday shall be eight
hours and twenty-five minutes including lunch period. The Board shall have the right to determine the number of
minutes, the number of periods and the length of each period in the school day, not to exceed the normal workday of
eight hours and 25 minutes. The Board further reserves the right to vary the number of minutes in the school day
including but not limited to the accommodation of the students’ educational program, student transportation and
other aspects of the school operation as the Board may deem appropriate.
ARTICLE III - Reimbursement for College Hours
Staff development is a process designed to foster district, building and individual professional growth for certified
staff within a positive organizational climate having as its ultimate aim better learning for students and continuous
growth for certified personnel. To encourage professional growth the Board of Education will reimburse certified
staff not to exceed $125.00 per college hour for graduate level courses.
Reimbursement for college hours shall be subject to approval by the Professional Development Council, the
immediate supervisor, the superintendent of schools and the Board of Education. To qualify for reimbursement, the
college hours must be on the individual development plan for the staff member or addenda. Only graduate level
courses in the teacher’s area of assignment or certification will qualify for reimbursement unless the staff member
has prior approval or is required by the administration to improve knowledge in a specific area. All requests for
credit reimbursement must be made in writing and shall include a description of the educational benefit to be
received by taking the course. All applications will be due after an approved PDP is established by the teacher and
approved by the Professional Development Council and the building principal for the school term. A teacher may
only receive reimbursement for twelve credit hours per contract year. The teacher must be in continued employment
with the district for the following year or reimburse the Board expense for credit reimbursement.
Reimbursement for approved college credit classes will occur in September, January & June of the fiscal year in
which the classes are taken.
College credit hours taken that are duplicated with in-service topics / training will not be reimbursed by the district.
PDC points will be allowed for those in-service topics as time is appropriately used and applied toward recertification.
Technology courses will be accepted for reimbursement provided those classes 1) help the teacher to integrate the
use of technology into their instructional activities, and 2) provided they are approved in advance by the
administration & the board.
ARTICLE IV - Benefits
The Board shall establish a fringe benefit program to comply with Section 125 of the Internal Revenue Code. The
Board shall provide the opportunity for each employee to execute a salary reduction agreement once annually to
cover all premiums for the employee’s selected benefits. Once the annual allocation for each selected benefit is
made, the only changes that will be allowed are those outlined by the Internal Revenue Code. Each employee will
select his/her choice of benefits the first part of August as scheduled with the 125 Administrator.
Each employee may execute a salary reduction plan and allocate an annual sum to cover all premiums. Employees
may apply up to $10,000 of their salary towards the benefits listed in the 125 Plan.
The Board will pay a single health insurance premium provided through the authorized carrier of U.S.D. #476. It
will be mandatory for each eligible employee to participate in the group insurance plan. If employee does not
participate, benefit is forfeited.
Any unexpended money committed by the employee for one of these benefits remaining at the end of the contract
year shall revert to the employee, excluding dependent care and flexible dependent care and flexible medical expense
reimbursement.
The Board shall provide each employee a description of the benefit coverage provided within ten (10) days at the
beginning of the school year or the date of employment, which shall include a description of conditions and limits of
coverage as provided above. When requested by the employee, the Board shall provide applications and, when
necessary, information about the programs.
The Board shall provide each certified staff member one lunch per day at a cost of $2.00 to the employee on those
days lunch is served to the student population.
Lay-Off Provisions
If an individual’s contract is terminated or non-renewed, the Board agrees to continue the employee’s insurance
coverage under the provisions of the Consolidated Omnibus Budget Reconciliation Act – 1985 (COBRA). Any
continued coverage is paid in advance by the employee. The payment should be monthly with payment prior to the
effective date of coverage.
Certified teachers with U.S.D. 476 contracts totaling half (1/2) time or more shall be eligible to receive benefits
under Articles IV and V (Benefits and Leave) of the Copeland U.S.D. 476 Comprehensive Teaching Agreement.
Those teachers will receive a percentage of the benefits equal to the percentage of time designated in their contracts.
Teachers with less than half time contracts or who work on an ad hoc basis (substitutes, etc.) shall not be eligible for
any benefit set forth in the Comprehensive Teaching Agreement. Only time outlined in a bona fide U.S.D. 476
contract will be counted for the purpose of this agreement.
Benefits in other areas, dealing with less that full-time certified personnel and not included in this section, shall be
dealt with as recommended by the administration and approved by the board.
ARTICLE V - Leave
Personal Leave
Personal leave is to be two (2) days per year, accumulative to a maximum of 3 days. The personal leave days are to
be explicitly subject to the superintendent’s prior approval as to the date such a day is taken. The superintendent is to
be notified al least 72 hours in advance of the day to be taken. Except in special circumstances personal leave days
may not be taken during the first three weeks or the last three weeks of the school year or immediately before or after
any holiday or vacation period.
Personal leave buy back options will be $50 per day, and the board will match it with another $50 (totaling $100) all
being payable into a 403(b) pension account of the employee.
If no 403(b) pension option is selected via the buy back option of personal leave, a current substitute rate will be redistributed back to the employee for a maximum of 2 unused personal days (aka - Personal Leave Cash Out / PLCO)
Sick Leave
All teachers shall be credited with ten (10) days of sick leave at the beginning of the school term. Teachers shall be
entitled to accumulate the unused portion of each year’s sick leave to a maximum of ninety (90) days. The maximum
number of sick leave days that may be available for use at any time is ninety days or the amount of days the teacher
has accumulated plus the current year’s allowance, whichever is less. Unused sick leave is to be reimbursed to a
teacher upon the termination of his or her contract or retirement at a rate of $10.00 per day, accumulative to thirty
(30) days. Any absence from duty not covered by the district’s leave provisions will result in a reduction of one
day’s contracted salary for each day absent from duty not covered by district’s leave provisions.
Sick Leave Pool
The Board has agreed to the establishment of a sick leave pool to be supervised by the Copeland Teacher’s
Association. Governance of the sick leave pool is to be written by the CTA.
The Board shall provide the original ninety (90) days for the 1994-95 school year to establish the sick leave pool.
Thereafter, the days will be contributed by the teachers to maintain the 90-day beginning balance.
An annual report will be made to the board in August of the preceding years relative to the use of the Sick Leave
Pool. Care must be taken to address the following: a) total days drawn by all employees within the year, b) the
number of days replenished to the pool by teachers (per teacher breakdown), and c) the total number of days
consumed by staff for ALL days utilized for the sick leave benefit program.
Bereavement Leave
The Board has agreed to provide three (3) days of bereavement leave.
ARTICLE VI - Salary Schedule 2015 – 2016
The length of the teacher’s contract shall be 168 days. The Board reserves the right to revert back to the original
teacher contract of 186 days as deemed necessary.
The years of credit experience a teacher entering the school system may use for placement on the salary schedule is
five (5) years; but the Board of Education has the right to expand the limit of 5 years outside experience if needed to
hire teachers who may be difficult to hire.
Any combination of three (3) step increases may be made for advancement on the salary schedule in any given year.
All courses allowed for credit for movement across the salary schedule shall be graduate level courses in the field in
which the teacher is currently certified or courses which have been approved by the Superintendent or Board of
Education prior to the enrollment in the course by the teacher. Request to the Superintendent or Board of Education
for approval shall include a description of the educational benefit to be received by taking the course. To count
towards movement across the columns of the salary schedule, the semester hours shall be earned after the date of
granting of the degree, and prior to September 1 of the current contract year.
The Board of Education will award salary schedule adjustments to participating certified staff for in-service points
earned in accordance with the established steps for salary increases within the districts guidelines. Twenty in-service
points will be equal to one (1) semester hour of college/university credit. The use of PDC points for salary
advancement will be half PDC points and half college/university graduate hours with the exception of moving from
column 5 to column 6. The use of 3 college hours and 40 PDC points or 2 college hours and 60 PDC points can be
used for this move. Teachers may not move more that one column at a time and if said teacher has enough college
graduate hours to advance without using PDC points, then they must do so. Certified Staff with a Masters Degree
may move on PDC points alone.
ARTICLE VII - South Gray Junior High Extra Duty Pay
Football
Head
Assistant
Volleyball
Head
Assistant
Basketball
Head
Assistant
Track
6th Grade Athletics
Boys
Girls
Band
8th Grade Sponser
NCA Chair
Vocal Music
Head
Assistant
Yearbook
Student Council
Quiz Bowl
Swimming
Concession Stand
6%
4%
6%
4%
7%
5%
5%
2%
2%
6%
2%
5%
6%
6%
2%
2%
2%
4%
2%
PepClub/Cheerleaders 5%
Wrestling
4%
Athletic Director
7%
All percentages for Extra Duty Pay are to be percentages of the base salary figure.
The Board and administration reserve the right to determine the number of extra duty positions filled and the
positions to be filled for extra duty. Any new positions added for extra duty pay during the term of the contract must
be approved by the Board of Education, and the Board will have the right to determine the initial compensation.
ARTICLE VIII - Board’s Right Clause
It is understood and agreed that the Board retains those powers expressly granted to it by statute, including those
necessarily implied, and that the statutes are to be strictly construed, including the right to make unilateral changes
except as specifically limited by any provision contained within this agreement, including by way of example but not
by way of limitation: exclusive right to manage and control the school district and property within the district;
prescribing rules for student discipline control; recruiting, selecting for hire and staffing all newly created or vacant
positions; fix and describe the duties to be performed by all persons in the public school service within the district;
maintain schools and classes as provided by law; prescribe rules not inconsistent with the law or within the rules
prescribed by the State Board of Education; assign, transfer, or make job assignments to persons employed within
the school district; establish and require the evaluation of certificated personnel employed within the school district;
assign teachers to supplemental and extracurricular activities, make final approval of curriculum and textbook
selections; establish pupil discipline policy; determine matters that may affect the welfare of the students; reduce
staff; terminate employees; establish the school calendar and hours; determine the starting and quitting time and the
number of hours to be worked; expend school funds and determine priorities for expenditures; determine all matters
relating to the definition of educational objectives; determine the content of the courses and curriculum and other
aspects of the instructional program to the extent these matters are within the discretion of the public school Board
within the law. It is agreed that these provisions do not supersede the provisions of the agreement and are specifically
limited by such an agreement. Any right reserved herein shall not be exercised without regard to the rights of
employees as outlined in this agreement. It shall not be for the purpose of discriminating against any employee and
shall not invalidate any provision included within this agreement.
The foregoing enumeration of school board rights and responsibilities is not intended to exclude other rights not
enumerated herein. The only limitation on any right of the Board shall be by law or by the express limitation by
specific provisions contained within this agreement.
ARTICLE IX - Reduction in Force
It is the policy of U.S.D. 476 to maintain the staffing necessary for the highest quality of education possible given
the financial condition of the district and district curriculum needs. While there may be many factors in the decision
to implement a Reduction in Force (RIF) Policy, personalities of teachers, evaluations of teachers, or other factors
related to staff qualities or abilities shall not be considered when deciding to implement a Reduction in Force policy.
The Board of Education shall have sole discretion in implementing a Reduction in Force policy.
Upon determination by the Board of Education that there will be a reduction in force, it will be the policy of the
Board to achieve that reduction through the course of normal attrition or reassignment of staff who are certified,
qualified, and under contract to U.S.D. 476. In the event that the reduction is not possible through the preceding, the
following guidelines will be used to determine which specific teacher(s) shall be non renewed:
Teacher(s) not having certification to fill position(s) in remaining areas.
Nontenured teacher(s) teaching in the subject area or grade area that the Board determines the reduction should
occur.
Nontenured teacher(s) teaching in remaining areas for which a tenured teacher, teaching in an area scheduled for
reduction is certified.
If the circumstances surrounding a reduction in force are such that the preceding procedure has not selected the
teacher(s) to be nonrenewed, the Board shall make its decision considering the following criteria: (The following list
in neither prioritized nor weighted)
Probationary vs. non-probationary status of the staff member.
Average numerical score for the past three U.S.D. 476 evaluations.
Length of continuous service to the district.
Number and types of endorsements beneficial to the students of the district.
Recommendation of the Superintendent.
For a period of two (2) years, any teacher who is not reemployed as a result of the implementation of a Reduction in
Force Policy, shall be considered for reemployment if a vacancy exists for which the teacher is qualified. The
Superintendent may recommend to the Board reinstatement of any teacher who she/he deems qualified and able to
serve the best interests of the district.
No part of this policy shall be construed to alter the Board’s rights nor the teacher’s rights concerning dismissal or
non renewal for other reasons outlined in state statute or negotiated agreements.
ARTICLE X - Liquidated Damages
Purpose: The Board of Education and the teachers agree that when a teacher resigns or otherwise fails to honor
his/her contract after execution of the contract or after the applicable date under the Kansas Continuing Contract
Law, the damages to the school district are not easily ascertainable. The elements of damages may include, but not
be limited to, the loss of recruiting time to find the best possible replacement, adjustments and changes in class
scheduling, reassignments of teaching duties and class loads, reassignments of extracurricular duties, interview
teams must be scheduled during vacation times, a large number of the possible replacements may already be under
contract with other school districts, the Board will incur increased advertising costs to contact teachers not under
contract, and if class assignments and coaching assignments are changes it may not allow sufficient time for teachers
and coaches to prepare for the next year’s teaching loads. The monetary value of the above damages is difficult, if
not impossible, to determine.
It is therefore agreed that a teacher currently under contract shall be declared under contract for the next teaching
year unless notified for non reemployment prior to May 18th or a resignation is submitted on or before May 31st of
the current school year according to the Continuing Contract Law of the State of Kansas. New teachers coming into
the district shall be declared under contract when their contract has been approved by the Board of Education.
In the event any teacher resigns or fails to honor the terms of his/her contract after the effective date set out above,
the Board and teachers agree that the teacher shall pay to the Board liquidated damages as follows:
Liquidated damages shall be assessed in the amount of $100 per week for each week from June 1st – June 18th,
resignation received between June June 19 - July 10th, liquidated damages will be assessed for the employee at a
$200 per week rate in addition to the $100.00 assessment per week for June 1st – June 18th.
Failure to fulfill contractual duties after July 10th liquidated damages will be assessed at $300 per week in addition
to the $100.00 assessment per week for June 1st – June 18th and the $200.00 assessment per week for June 19th –
July 10th, and if such a resignation is received after August 1st an additional $1,000 will be added.
The Board reserves the right to waive the provisions of this agreement for liquidated damages, if, in the opinion of
the Board, such waiver is appropriate.
ARTICLE XI – ESL Endorsement
All full time teachers of U.S.D. 476 are expected to have, or be enrolled in an ESL program to acquire their ESL
endorsement effective with the start of the 2005-2006 school term and thereafter.
ESL endorsements must be an added endorsement of the teacher’s full certification status. All expenses for ESL
endorsements (books, tuition, and final test) will be FULLY reimbursable to the employee(s) by the district, and are
excluded from limitations related to the general college credit hour reimbursement program as noted under Article
III.
Be it further noted that all related expenses associated with the district’s ESL endorsement program will be either
directly billed and paid for by the district, or reimbursed to the employee with 48 hours of direct billing is not
available via a legitimate receipt submitted to the clerk of the district. If an employee fails to complete the course,
the full amount of reimbursable expenses will be deducted from the employees pay at the next available pay period.
Failure by the employee to make a legitimate effort in accordance with Article XI of this agreement and to enroll in,
or continue to finish the ESL endorsement program in a reasonable manner will evoke monetary sanctions that will
freeze the employee at their current salary level within the existing salary schedule.
ARTICLE XII – Longevity Pay Incentive
Effective with the 08-09 Term, experienced teachers of U.S.D. 476 may qualify for longevity pay provisions;
provided that they meet all the qualifying criteria • They must be frozen at a minimum of Column #5 / BS + 40.
• Must have been continuously employed by U.S.D. #476 for 15 consecutive years. (Years transferred from U.S.D.
#371 applicable).
• Must have satisfactory evaluations on file with the district office and recommended for an LPI by the supervising
administrator.
• Must hold a full time position within the district in an instructional capacity or through the shared teacher
agreement with USD #371 and be under contract through USD #476.
• The employee must hold a current teaching license, be enrolled in an ESL program, or hold an ESL endorsement
on their teaching license.
If a certified employee of U.S.D. 476 meets all the above criteria as stated, they will be eligible for a $500.00 stipend
(equal to the value of a full step) the first year after salary has been frozen. Subsequent years of continuous
employment will result in an additional stipend of $250.00 for each additional year of service.
**Employees meeting eligibility for the Longevity Pay Incentive after the 2008-2009 school year will not be paid
retroactive to the 2008-2009 school year. Longevity pay will begin the first year after salary has been frozen and will
not be retroactive to any prior years.**
Stipends as noted under the LPI are not part of the on-going continuing contract of the employee. They are
recognized only as a “secondary” compensation provision, and only added to the contract per teacher eligibility at
the time of that eligibility.
ARTICLE XIII - Maintenance of Standards
Individual items within the negotiated agreement will remain in force from year to year except for those items
changed by the negotiations process.
ARTICLE XIV - Employment Agreement
This agreement shall be effective for the period July 1, 2015 through June 30, 2016. This agreement is dated this
17th day of August, 2015.