ANACORTES EDUCATION ASSOCIATION
AND
CONTRACT AGREEMENT
SEPTEMBER 1, 2006 - AUGUST 31, 2009
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE ANACORTES EDUCATION ASSOCIATION
AND ANACORTES SCHOOL DISTRICT #103
SEPTEMBER 1, 2006 TO AUGUST 31, 2009
TABLE
OF CONTENTS
ARTICLE I. ADMINISTRATION PAGE
Section 1. Exclusive
Recognition........................................................1
Section 2. Status of the
Contract........................................................1
Section 3. Contract
Compliance.........................................................1
Section 4. Contract
Administration.....................................................1
Section 5. Conformity to
Law..............................................................2
Section 6. Distribution of
Contract......................................................2
Section 7.
Appendices........................................................................2
ARTICLE II. BUSINESS.................................................................................2
Section 1. Association
Security..........................................................2
Section 2. Payroll
Deductions.............................................................2
Section 3. Tax Shelter Annuities or Other
Deductions.......................3
Section 4. Management Rights...........................................................3
Section 5. Association
Rights.............................................................4
ARTICLE III. PERSONNEL..........................................................................5
Section 1. Employee Rights--Teacher
Protection............................5
Individual
Rights................................................................................5
Right to Join and Support
Association..............................................2
Teacher
Protection............................................................................5
Section 2. Professional
Freedom......................................................5
Section 3. Personnel
Files.................................................................6
Section 4. Evaluation and Probationary Procedures........................
6
Section 5. Employee
Protection.......................................................13
Section 6. Assignment, Transfer, and
Vacancies............................13
Job
Share..........................................................................................15
Job Trade.
........................................................................................16
Section 7. Contract, Work
Day,........................................................16
Supplemental Hours, Flexible Work Day and
Payment
Professional Growth
.......................................................................19
Length of Work Day.........................................................................19
Flexible Work
Day............................................................................19
Payment...........................................................................................19
Release From
Contract....................................................................20
Section 8. Staff
Reduction.................................................................20
Section 9. Salaries and
Stipends..................................................... 22
State Salary
Schedule.......................................................................22
Compensation for
Substitutes..........................................................22
Experience
Credits...........................................................................23
Educational
Credits..........................................................................23
Professional Improvement
Council..................................................24
Extended
Contracts..........................................................................24
Curriculum Development
Pay...........................................................24
Travel
Reimbursement.....................................................................25
Section
10. Insurance
Benefits.........................................................25
Section
11.
Leaves............................................................................26
Sick
Leave.........................................................................................26
Maternity
Leave.................................................................................27
Adoption
Leave.................................................................................27
Bereavement
Leave..........................................................................28
Emergency Leave.............................................................................28
Civic
Leave........................................................................................28
Jury
Duty...........................................................................................28
Professional
Leave...........................................................................28
Military
Leave....................................................................................29
Association Leave............................................................................29
Leaves of
Absence..........................................................................29
Personal
Leave................................................................................30
Leave
Sharing..................................................................................30
Section
12. Employee
Facilities.......................................................31
Section
13. Professional
Responsibilities........................................31
Section
14. Auxiliary
Personnel........................................................31
Section
15. Student Teachers.........................................................31
Section 16, After
School Supervision...............................................31
ARTICLE IV. INSTRUCTION.......................................................................32
Section 1. Orientation of
Staff..........................................................32
Section 2. Class size........................................................................32
Relief of
Overloads...........................................................................32
Class Size/Load Review
Team.......................................................32
Section 3. Preparation
period...........................................................33
Section 4. Classroom
visitation........................................................34
Section 5. Student
discipline.............................................................34
ARTICLE V. GRIEVANCE PROCEDURE...................................................34
Section 1. Definitions
........................................................................34
Section 2.
Representation..................................................................34
Section 3. Freedom from
Reprisal.....................................................35
Section 4. Assistance in
Investigation................................................35
Section 5. Release from Duty.............................................................35
Section 6.
Procedure...........................................................................35
ARTICLE VI. NEGOTIATIONS
PROCEDURES...............................37
ARTICLE VII. DURATION...................................................................38
ATTACHMENT
I MEMORANDUM OF UNDERSTANDING…………...39
ATTACHMENT
II SUMMARY OF REVISIONS………………………….40
APPENDICES:
Salary Schedule, Appendix A
Evaluation
Criteria and Forms, Appendix B
Supplemental
Hours Verification and Documentation, Appendix C
School
Calendar, Appendix D
(Calendar
is not included in this document)
Article I Section 1. Exclusive Recognition
The Board recognizes the Association as the
sole and exclusive bargaining representative for all certificated employees of
the District, with the exception of Superintendent, Manager of Curriculum,
Manager of Operations, Manager of Special Programs, Principals, Vice
Principals, and other certificated employees who may be excluded by law, for
the purpose of exercising all rights accorded certificated employee
organizations by the Educational Employment Act.
When used hereinafter, the term
"employee" shall refer to each certificated employee represented by
the Association.
Unless the context in which they are used
clearly requires otherwise, words used in this Contract denoting gender shall
include both the masculine and feminine, and words denoting number shall
include both singular and plural.
Article I Section 2. Status of the Contract
Where there is a conflict between this
Contract and any resolution, rule, policy, or regulation of the Board or its
agents, the terms of this Contract shall prevail. Certain rights and functions
are afforded to the Association as the legal representative for all employees
as covered under the terms of this Contract and RCW 41.59. Said
rights and functions are not common to any other certificated employee
organization within the District.
The term 'Represented Substitutes' shall mean
those who have been employed twenty-one (21) consecutive days or more, or those
who have been employed thirty-one (31) days or more during any twelve (12)
month period ending in a school year in which the substitute is available for
work, or the immediately preceding school year.
The following provisions of this Agreement
shall not be applicable to Represented Substitutes:
Article III, Section 4, Evaluation and
Probationary Procedures
Article III, Section 7, Contracts,
Supplemental Hours, Flexible Work Day and Payment
Article III, Section 8, Staff Reduction
Article III, Section 10, Insurance Benefits
Article III, Section 11, Leaves
This Contract shall become effective when
ratified by the Board and Association, and executed by authorized representatives
thereof.
Article I Section 3. Contract Compliance
All individual employee contracts shall be
subject to and consistent with the terms and conditions of this Contract.
Article I Section 4. Contract Administration
Association representative(s) may meet with
the Superintendent or his designee at least once a month during the school
year, at the request of either party, to review and discuss the administration
of this Contract.
Article I Section 5. Conformity to Law
If any provision of this Contract or any
application of this Contract to any employee or groups of employees covered
hereby shall be found contrary to law, such provision or application shall have
effect only to the extent permitted by law, and all other provisions or
applications of the Contract shall continue in full force and effect.
Article I Section 6. Distribution of Contract
Within a reasonable time (not to exceed
sixty [60] days) following the ratification and signing of this Contract by the
parties, the District shall print copies of this Contract for each certificated
employee and the Association will accept the Contract on behalf of the
employees and will be responsible for distribution of a copy to each employee
in the bargaining unit. Ten (10) additional copies shall be provided to the
Association. All certificated individuals making employment application to the
District shall be provided a copy of the Contract for their examination only if
they so request. The cost of the printing shall be shared equally between the
District and the Association.
Article I Section 7. Appendices
The following appendices are an integral
part of this Agreement and by this reference are incorporated herein:
A. Teacher Salary schedule
B. Evaluation Criteria and Forms
C. School Calendar
D. Supplemental Additional Hours
Verification Form
E. Sample Supplemental Hours Documentation
Form
Article II Section 1. Association Security
Each employee who is not a member of the
Association shall pay to the Association, as representation costs, an amount
equal to dues and fees required for Association membership. The District agrees
to deduct on a monthly basis such amount from the compensation of each
non-member employee. However, the obligation imposed by this section shall not
apply to individuals who were employees of the District on June 4, 1976 and who
were not members of the Association on the date this agreement was ratified by
the parties 11/22/76. Nothing in this section shall impair an employee's rights
of non-association protected by RCW 41.59.100
and the procedure established there under. The Association shall indemnify and
hold the District harmless from all claims asserted and lawsuits commenced by
or on behalf of any employee due to action taken by the District in strict
compliance with this section; provided, the District agrees to defend the
provisions of this section and consult with the Association or its designee
with respect to any claim or lawsuit commenced concerning this section.
Article II Section 2. Payroll Deductions
The Association shall have the exclusive
right of automatic payroll deduction of membership dues and fees for employees.
Upon proper written payroll authorization from an employee, the District shall
deduct from the wages of that employee monthly Association dues and shall
forward that sum to the Association or its designee. The Association shall
provide to the District payroll office no later than September 15 of each year
a list of employees authorized for the automatic payroll deduction of
Association membership dues. Upon revocation of membership by an Association
member, the Association shall submit notice of such revocation to the District
payroll office to terminate the automatic dues deduction. The Association
agrees to hold the Board harmless from all financial claims against it for or
on account of any payroll deduction of membership dues and fees.
Article II Section 3. Tax Shelter Annuities or Other
Deductions
The District shall, upon receipt of an
annual authorization from an employee, deduct from the employee's salary and
make appropriate remittance for insurance plans, tax sheltered annuities,
credit union, savings bonds, charitable donations, or any other plans or
programs jointly approved by the Association and the Board. The District will
make, upon written request of at least 10% of the employees' of the District,
automatic payroll deductions as they authorize, for the same payee, subject to
the limitations of the District equipment or personnel (RCW 28A.67.095).
In accordance with the terms of SB 4500,
the District shall arrange for the purchase of tax deferred annuity contracts,
upon request of at least five (5) employees, from a company of the employees'
choice authorized to do business in
The Association agrees to hold the Board
harmless from all financial claims against it for or on account of any payroll
deduction when the Board is acting within the scope or direction of the payroll
authorization.
Article II Section 4. Management Rights
The Board represents the voters of the
It is agreed that all rights except such as
are clearly and expressly relinquished herein by the District are reserved to
and shall continue to vest in the District. This shall include the following
enumeration, being by way of illustration and not by way of limitation, and
without application of the principle of Ejusdem
generis:
1. Manage the
District and direct the working forces, including the determination of employee
qualifications, the right to hire and to suspend, discipline or discharge
employees for just cause, and to otherwise maintain an orderly, effective and
efficient operation.
2. Transfer employees
from one school, department, and/or classification to another.
3. Lay off or relieve
employees from duty because of shortages of funds or decline in enrollment.
4. Promote and/or
transfer employees to positions and classifications not covered by this
agreement.
5. Determine the work
to be done and the standards to be met by the employees covered by this
agreement.
6. Determine whether and
to what extent work shall be performed by employees.
7. Develop and
control the budget.
8. Control District
property
Article II Section 5. Association Rights
1. The Association
and its representatives shall have the right to use the District buildings and
equipment after obtaining permission from the administration. The Association
shall be responsible for claims arising from damage caused by negligence
resulting from the use of facilities and equipment.
2. The Association
shall have the right to post notices of activities and matters of concern on
bulletin boards as provided by the building administrator. The Association may
provide its own bulletin boards on space designated therefore by the building
administrator.
3. The Association shall
have the right to use the teacher mailboxes, voice mail and e-mail systems for
communication, representation and negotiation purposes so long as such use
follows District Policy does not disrupt district services or promote and
initiate any stop work actions against the District.
In addition, Association agents have no
expectation of privacy in their use of the District systems. All e-mails and
attachments drafted, sent, or stored on the District system are District
records and are subject to monitoring, review, and printing by the District
system administrator without limitation and without notice. The Association
acknowledges that such conduct is not unlawful employer surveillance or
interference, and it hereby waives any actual or potential claim that District
monitoring, review, printing, or other access to Association communications
that utilize District systems constitutes an unfair labor practice under RCW
4.159.
The Association shall indemnify and hold
the District harmless for all claims, causes of action, or damages arising from
the use of the District services including bulletin boards, teacher mailboxes,
voice-mail and e-mail by employees or non-employee Association agents for
Association business. The Association and the District jointly assume the
responsibility to notify Association members of Public Disclosure Commission
requirements and for training them to follow these rules in the use of District
communication systems.
4. The Association
shall have the same access to District records as any citizen under RCW 42.17.
5. The Association
shall be furnished, upon written request of the grievant, such information as
is necessary for the processing of any grievance at the grievant's
cost.
6. The Association
and its representatives shall have the right to meet and confer with all
certificated District employees after contacting the appropriate District
administrator. Prior to said meeting, the Association will assure proper
identification to the administrator of any person present at the meeting who is
not represented by the Association. Such contact shall be limited to outside
the contracted school day.
7. Representatives
duly authorized by the Association to participate in negotiations, conferences,
or meetings with representatives of the District shall suffer no loss of pay
when the District schedules the same during the working day. The negotiations,
conferences or meetings will be scheduled at mutually agreed to times and
places.
8. The administration
shall make available to the Association, upon written request, a list of new
employees covered by this contract. This request shall not take precedence over
other work being performed by central office staff.
Article III Section 1. Employee Rights- Teacher Protection
INDIVIDUAL RIGHTS: There shall be no
discipline or discrimination with respect to the employment of any person
because of such person's age, sex, marital status, race, creed, color, national
origin, domicile, political activity or lack thereof, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide
occupational qualification, provided that the prohibition against
discrimination because of such handicap shall not apply if the particular
disability prevents the proper performance of the particular worker involved.
The private and personal life of any
employee becomes the appropriate concern or attention of the Board when the
private and personal activity of the employee has a direct adverse effect upon
said employee's ability to adequately perform his duties with the District or
when the private and personal activity of the employee has a direct adverse
effect upon the District's ability to provide quality education to the
students.
Nothing contained herein shall be construed
to deny or restrict to any employee such rights as he may have under applicable
laws and regulations. The rights recognized hereunder shall not be exclusive
but are in addition to those provided elsewhere.
RIGHT TO JOIN AND
SUPPORT ASSOCIATION: Employees shall have the right to self organization, to
form, join, or assist employee organizations, to bargain collectively through
representatives of their own choosing, and shall also have the right to refrain
from any or all of such activities.
TEACHER PROTECTION: No employee shall
be disciplined without cause. Other than informal verbal warnings, information
forming the basis of the reprimand will be in writing.
The District agrees to follow a policy of progressive
discipline unless the severity or nature of the employee behavior warrants more
serious and immediate actions. The progressive steps shall normally be as
follows: 1) Oral warning; 2) Written warning; 3) Suspension; 4) Discharge.
An employee has the right to have a
representative from the Association and/or counsel present when formally being
reprimanded, warned, or disciplined. An employee attending a meeting during
which he/she reasonably believes discipline may result has the right to request
representation. When such a request is made the employer will either grant the
request or discontinue the meeting.
Any discipline shall be subject to the
grievance procedure hereinafter set forth except that non-renewal or discharge
shall be handled in accordance with statutory procedures.
Article III Section 2. Professional Freedom
Employees shall be guaranteed professional
freedom in classroom presentations and discussions and may introduce
politically, religiously, or otherwise controversial material provided this is
done on an informative basis only in conformity with school district policy
directives. When such an issue is discussed, it is the responsibility of the
teacher to encourage equal discussion on all sides of the issue. Teachers
should guard against giving their personal opinions or views on controversial
issues before and during the period of research and study, thus encouraging the
student to search after truth and to think for themselves. Teachers who operate
within these regulations shall have the full support of the Board and
administration.
No mechanical or electronic device shall be
utilized in any classroom or brought in on a temporary basis which would allow
a person to be able to listen to or record the procedures in any class without
the prior knowledge of the employees involved.
Article III Section 3. Personnel Files
Employees shall, upon request, have the
right to inspect the contents of their personnel file during regular
administrative center business hours in the presence of a District
representative. Copies of any document in the file will be supplied to the
employee upon request at their expense. A file for processed grievances shall
be maintained separately from the personnel file.
No secret, duplicate, alternate, or other
personnel file shall be kept anywhere in the District. Building administrators
may maintain in their buildings documents which include but are not limited to
teacher observation records and correspondence relating to employees so long as
the employee has been provided a copy of the document as soon as possible but
no longer than twenty (20) working days of its receipt or composition.
Documents not provided within the twenty (20) working days shall not be used as
evidence in any grievance, disciplinary hearing, or adverse action proceeding.
No evaluation, correspondence, or other
material making any reference to an employee's competence, character, or manner
shall be placed in the personnel file without the employee's knowledge and
right to attach written comments. The employee shall acknowledge that he has
read such material by affixing his signature and the date on the actual copy to
be filed. Such signature merely indicates that he has read the material and
does not necessarily indicate agreement with the content.
Article III Section 4. Evaluation and Probationary
Procedures
I. GENERAL
Certificated classroom teachers and
certificated support personnel (CSP) shall be evaluated in accordance with
procedures and criteria set forth herein. The primary purpose for evaluation is
to increase the opportunities for learning through the improvement of
instructional performance. Evaluation should be a positive, developmental, and
continuous process. The procedures herein shall be directed toward improved learning
conditions for students, assisting teachers in a self improvement, and
assessment of employee performance.
II. EVALUATOR'S
PRIMARY RESPONSIBILITIES
A. Principals shall meet with all teachers/CSPs new to the District to review and discuss the evaluation
system in order to develop mutual understanding of the evaluation system,
process, procedure and purpose.
B. Within each school, the principal shall
be responsible for the evaluation of teachers/CSPs
assigned to that school. However, a teacher/CSP assigned to more than one
school shall be evaluated by an administrator assigned to that task provided
such teacher/CSP is notified in advance of the administrator so assigned.
C. Principals may designate other
administrators to assist in the evaluation process provided that person is not
from the bargaining unit.
D. The building principal or his/her
designee will be responsible for evaluating special education staff.
E. Itinerant personnel, by the nature of
their job assignment, work under the supervision of different building
principals. In order to promote good personnel management and continuity of
evaluation, the district will assign one principal as the itinerant personnel's
supervisor and evaluator. The designated principal will be responsible for the itinerant
personnel's formal evaluation. However, other administrators may assist in the
evaluation provided that any observations used are documented in accordance
with the procedures as outlined in IV.A, 5-7.
III. INFORMAL
OBSERVATIONS
In addition to the formal observations
above, informal observations (of less than thirty (30) minutes in duration), or
a series of observations (two or more observations occurring within any ten
(10) working days) may be utilized by the evaluator at his/her discretion provided
the observation is of sufficient length to allow the evaluator to adequately
assess the situation being observed and the evaluatee
receives a copy of the record compiled (evaluation report form) by the
evaluator. These evaluations may be individual or in a series. Informal
observations shall not be utilized as the primary evidence in any non-renewal
proceedings unless in exceptional cases.
IV.
CRITERIA/FREQUENCY
The evaluative criteria contained herein
shall constitute the basis upon which employees are evaluated. Evaluations
required or permitted herein shall be documented on the evaluation report form
appropriate to the teacher/CSP's position. Report
forms are attached here to as Appendix B. Evaluation reports will be completed
at least once each year.
V. AN EVALUATION
SYSTEM
Incorporating four separate processes
(Long, Short, Professional Growth, Remediation) shall include the opportunity
for each teacher/CSP to have a minimum of two confidential conferences during
each school year, the sole purpose of which shall be to provide additional
information to aid the evaluator in evaluating the teacher/CSP and with
providing direction, assistance, guidance, encouragement, etc., to the
employee. Such conference may be either following receipt of written evaluation
results or at a time mutually satisfactory to the participants.
A. SUMMATIVE LONG FORM PROCESS, designed to
determine that a teacher/CSP is meeting minimum established performance
criteria, shall be used for all teachers/CSPs:
1. during their first four years in the
district;
2. teachers/CSPs
with less than four continuous years of satisfactory evaluations;
3. all teachers/CSPs
at least once every three years;
4. all teachers within the Remediation
Process.
LONG FORM PROCEDURES:
1. The Summative Long Form Process may
include optional professional growth goals. Such goals shall not be used to
determine teacher's/CSP's performance in meeting the
minimum criteria.
2. All teachers/CSPs
newly employed by the District shall be observed at least once for a total
observation time of thirty (30) minutes during the first ninety (90) calendar
days from the commencement of their employment. Such teachers/CSPs shall be considered provisional employees for two
years unless the employee has previously completed at least two years of
certificated employment in another
3. During each school year, each
teacher/CSP shall be observed for the purpose of evaluation at least twice in
the performance of his/her assigned duties. Total observation time for each
teacher/CSP in each school year shall not be less than sixty (60) minutes. One
observation shall be a least thirty (30) minutes in duration. Additional
observations may be documented by the evaluator.
4. Following each observation, or series of
observations, the evaluator shall promptly document the observations in writing
and shall provide the teacher/CSP with a copy of the observation record within
seven working days following the observation(s).
5. Within five (5) working days of receipt
of the observation record, the teacher/CSP may submit signed comments
concerning his/her observation record. These signed comments shall be made a
part of the official observation record. A conference may be requested by either
party.
6. LONG FORM EVALUATION PROCEDURES
(a) Following each observation or series of
observations, the principal or his/her designee shall promptly document the
results thereof. The employee shall be provided with a copy of the evaluation
report within three (3) days after such report is prepared.
(b) The employee shall sign the District
copy of the evaluation report and shall be provided a copy of said report. The
employee's signature indicates only that he is aware of the comments and
summary statements recorded thereon and shall not be interpreted as an
indication that the employee necessarily agrees with the comments and/or
summary statements. The evaluatee shall have the
right to affix to the evaluation report any comments, observations or considerations
he believes to be pertinent to said evaluation report.
(c) Each formal evaluation report required
above (Section II-B) shall be forwarded to the school district's personnel
office for filing in the employee's personnel file.
(d) Following the completion of each
evaluation report, or at a time mutually satisfactory to the participants, a
meeting shall be held between the evaluator and the employee to discuss the
observation and evaluation.
7. Evaluation reports from the Summative
Long Form Process will rate the teacher's/CSP's
performance as Satisfactory, Needs Improvement, or Unsatisfactory.
Specific deficiencies and remediation suggestions shall be cited with ratings
of Needs Improvement or Unsatisfactory.
8. When an employee receives a Needs Improvement
evaluation summary, the employee will be placed in the Remediation Process.
9. For provisional employees, an Unsatisfactory evaluation summary shall be
sufficient cause for nonrenewal of employment for
provisional employees via RCW 28A.405.220
procedures.
10. For continuing employees, an Unsatisfactory
evaluation summary will result in the use of probation procedures described
in RCW
28A.405.100 to effect improvement to the satisfaction of the evaluator or
establish probable cause for nonrenewal via RCW 28A.405.300
and 28A.405.210
procedures. Remediation Process procedures shall be used when an unsatisfactory
evaluation summary report is dated after February 1.
B. SUMMATIVE SHORT FORM PROCESS may be used after
a teacher/CSP has four years of satisfactory evaluations within the district.
However, the process described in Section 4: V; A. shall be used at least every
third year and either a teacher/CSP or an evaluator may elect to have the long
form used in any given year.
SHORT FORM PROCEDURES: (New employees do
not qualify for the Short Form.)
1. During each school year each teacher/CSP
shall be observed in the performance of assigned duties for the purpose of
evaluation with either:
a. a thirty minute observation during the
school year with a written summary
OR
b. a final annual written evaluation based
on at least two observation periods during the school year totaling at least
sixty minutes without a written summary of such observation being prepared.
2. The evaluation report process described
under IV. A. 4-6 will follow either of the observation processes described
above.
3. Evaluation reports from the Summative
Short Form Process should rate the teacher/CSP Satisfactory.
4. Evaluators with concern that a
teacher's/CSP's performance rank may be Unsatisfactory
will activate the Summative Long Form Process (IV. A.) and explain the
change in writing to the employee no later than February 1 of the school year.
Teachers/CSP's moved
from the Short Form to the Long Form within a school year cannot be placed on
probation during that same school year.
5. No more than two-thirds of a building
staff may be on short form at a time, for example,
Year 1 L S S
2 S L S
3 S S L
4 L S S
6. Summative Short Form evaluation process
will be used with Professional Growth Option participants.
C. PROFESSIONAL GROWTH OPTION (PGO, a formative
evaluation process), designed for collegial involvement, to accomplish
professional growth and improved instruction, shall be available and shall be
voluntary to each teacher/CSP who has received a Satisfactory summary
evaluation for the last four annual evaluations. Participants in the
Professional Growth Option must return to the Summative Long Form evaluation
process at least every third year. Procedures:
PROFESSIONAL GROWTH PROCEDURES:
1. In the Professional Growth Option
teachers/CSPs and supervisors cooperatively establish
goals and monitor the progress being made toward those goals. The teacher/CSP
may request that an observation include an opinion on rate and/or level of
progress. Goals shall be consistent with building and District goals, be
designed to promote an individual's professional growth and to improve
instruction.
2. Recommended number of employees entering
the Professional Growth Option in any one school year should not exceed
one-third of a building staff. (Note evaluators may need selection criteria in
order to respect the recommendation.)
3. Summative Short Form evaluation procedures
shall be used in the Professional Growth Option and will be adapted to
accommodate cooperatively planned Professional Growth activities.
4. If a teacher changes building location,
the Summative Long Form process shall be followed for that school year.
5. Each year teachers/CSPs
eligible for the Professional Growth Process will be given the opportunity of
notifying their evaluator if they wish to pursue this option and commit to
attend a meeting regarding Professional Growth Process (goal setting, communication,
the improvement of instruction, etc.). This will allow individuals to plan
their Professional Growth Process program and participate in summer activities
where applicable.
6. During September and October
participants and supervisors shall meet to thoroughly discuss the potential
goals and cooperatively complete the planning worksheet. Teachers should have
in mind the goals, the areas to be investigated, alternatives for support,
colleagues to be involved, methods for collecting data and the methods for
evaluating growth toward the goals. During this meeting, the supervisor shall
act as an advisor in order to clarify and refine the goals and the other
aspects of the process, collegial sharing, input from
parents/students/colleagues, practical goal setting and self assessment, and
relationship to building/District goal focus will be considered.
7. Throughout the year, the teacher and
supervisor shall meet formally and informally to discuss collaboratively the
progress on the goals and to refine and update any need for assistance.
8. Prior to June 1, a final meeting shall
be held to analyze data and review the success of the goals. At this meeting
the Growth Option Verification shall be compiled collaboratively on the short
form evaluation report and submitted to the District personnel file.
9. Information from the Professional Growth
Option cycle may not pass to the summative evaluation cycle nor the personnel
file.
Although some goal setting in the
Professional Growth Option may be based on information gathered in the
Summative cycle, information may not pass from the Professional Growth Option
to the Summative in order to ensure that teachers take risks and try new
things. It is conceivable that all stated goals may not be reached in a given year
for a variety of circumstances and analysis of such circumstances can also be a
learning experience. Attainment of some goals may take more than one year.
A Formative file will be available to both
teacher and administrator and it may contain the following:
- annual goals
- notes from meetings
- data gathering methods
- data, if applicable
At the end of each year, the teacher will
retain the file and data. A copy of the P.G.O. Plan, if any, will be provided
to the primary evaluator upon request.
10. At all times during the Professional
Growth Option, collaborative interaction, based on trust and confidence, is
encouraged.
D. REMEDIATION PROCESS will be used when
a Summative Long Form evaluation report ranks a teacher's/CSP's
performance as Needs Improvement, during any time of the year or Unsatisfactory
after February 1.
1. Remediation Process focus shall be
assisting the employee to develop and implement a plan for improving
performance to a satisfactory level. A mutually agreeable plan is desirable.
Failing such, the primary evaluator shall be responsible for determining the
plan.
2. Teachers/CSPs
will remain in this track until they receive a satisfactory evaluation report
or insignificant improvement results in an unsatisfactory evaluation report and
consequent recommendation for probation.
VI. PROBATION
A. SUPERVISOR'S REPORT. In the event that
a principal or his designee determines on the basis of the evaluation criteria
that the performance of an employee under his or her supervision is
unsatisfactory, the supervisor shall report the same in writing to the
Superintendent on or before January 20. The report shall include the following:
1. Evaluation of performance to date.
2. A recommended specific and reasonable
program designed to assist the employee in improving his or her performance.
3. A copy of said report shall be submitted
to the employee. If the employee disagrees with or questions any results of the
evaluation procedures or disagrees with any statement contained in the above
report, that employee may, within five (5) days after delivery of the formal
evaluation report, deliver a detailed statement concerning the points of
disagreement to the Superintendent for inclusion in the employee's personnel
file.
B. ESTABLISHMENT OF PROBATIONARY PERIOD. If the
Superintendent concurs with the supervisor's judgment that the performance of
the employee is unsatisfactory, the Superintendent may place the employee in a
probationary status beginning on or before February 1 and ending no later than
May 1. On or before February 1, the employee shall be given written notice of
the action of the Superintendent, which notice shall contain the following
information:
1. Specific areas of performance
deficiencies.
2. A suggested specific and reasonable
program for improvement.
3. A statement indicating the duration of
the probationary period and that the purpose of the probationary period is to
give the employee the opportunity to demonstrate improvement in his or her area
or areas of deficiency.
C. EVALUATION DURING THE PROBATIONARY
PERIOD
1. At or about the time of the delivery of
a probationary letter, the principal or his/her designee shall hold a personal
conference with the probationary employee to discuss performance deficiencies and
the remedial measures to be taken. At said conference, the employee may elect
to have present a representative of the Association.
2. During the probationary period, the
principal or his/her designee shall meet with the probationary employee at
least twice monthly to supervise and make a written evaluation of the progress,
if any, made by the employee. A copy of the same shall be provided to the
employee.
3. The probationary employee may be removed
from probation at any time if he or she has demonstrated improvement to the
satisfaction of the principal or other supervisor in those areas specifically
detailed in his or her notice of probation.
D. SUPERVISOR'S POST-PROBATION REPORT. Unless the
probationary employee has previously been removed from probation, the principal
or his designee 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 employee has improved and which shall set forth one of the
following recommendations for further action:
1. That the employee has demonstrated
sufficient improvement in the stated areas of deficiency to justify the removal
of the probationary status; or
2. That the employee 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 employee has not demonstrated
sufficient improvement in the stated areas of deficiency and action should be
taken to non-renew the employment contract of the employee.
E. ACTION BY THE SUPERINTENDENT. Following a review
of the supervisor's post-probation report, the Superintendent shall determine
which of the alternative courses of action is proper and shall take appropriate
action to implement such determination.
VII. APPLICABILITY
TO GRIEVANCE PROCEDURE
The provisions of Article V, Grievance
Procedure, shall be applicable to evaluation only as it relates to procedural issues
provided that no grievance proceeding shall limit the authority of the school
district to proceed with probationary and/or non-renewal action pursuant to the
procedures established by state law.
Article III Section 5. Employee Protection
The Board agrees to provide insurance which
shall save employees harmless and defend them from any financial loss to the
limits described below, including reasonable attorney's fees for actions
arising out of any claim, demand, suit, or judgment by reason of any negligent
act or failure to act by such employee, within or without the school building,
provided such employee at the time of the act or omission complained of, was
acting in good faith within the scope of his employment or under the direction
of the Board, and has not been guilty of gross negligence or an intentional
tort in such act or failure to act. The
A. Personal injury liability in the amount
of $100,000 per individual and $300,000 per occurrence.
B. Personal property damage liability in
the amount of $300,000.
C. Replacement of any clothing or other
personal property damaged, destroyed or stolen while engaged in the maintenance
of order, discipline and protection of school personnel, students or property
during the course of their employment up to the amount of $500, with $10
deductible.
Article III Section 6. Assignment; Voluntary and
Involuntary Transfers; Vacancy and Vacancy Postings:
To ensure that pupils are taught by
employees working within their areas of competence, employees shall not be
assigned, except in accordance with the regulations of the State Board of
Education, to subjects, grades, and/or other classes outside their teaching
certificates, endorsements, and/or minor fields of study or qualifications in
specialty areas.
In the determination of assignments,
transfers, and involuntary transfers the convenience and work of the employee
shall be considered to the extent that these considerations do not conflict
with the educational program.
Personnel actions approved at monthly board
meetings will be posted on the district website and sent to the association
president.
6.1 Assignment: An
assignment shall mean the placement of a current employee in a specific
position in a specific building. As determined by the administration,
assignment(s) within a building may occur prior to posting a vacancy. Transfers
to an assignment in a different building, as determined by the administration,
may occur prior to posting a vacancy subject to 6.2 and 6.3.
Employees will be notified as early as
possible about changes in their teaching assignment. Employees will be
notified, in writing no less than sixty (60) days prior to a substantive change
in assignment as defined in Section 7, ‘New Curriculum Responsibilities’.
6.2 Voluntary
Transfer: A ‘transfer’ shall mean a change of assignment from one building to
another to fill a specific position or vacancy.
6.3 Involuntary
Transfer: An ‘involuntary transfer’ shall mean a change of assignment from one
building to another to fill a specific position or vacancy when the employee
does not agree to the change of assignment.
6.3.1 In the event the
District determines that circumstances require a transfer of staff to fill a
specific position and no qualified staff member voluntarily accepts the
necessary transfer then the Superintendent will determine that an involuntary
transfer action needs to be implemented. A pool of potential involuntary
transferees shall be designated. Each potential transferee shall be considered
on the basis of information contained in his/her staff development plan,
his/her past performance, and any other pertinent factors.
6.3.2 In the event two
or more potential transferees are deemed equally qualified by the District, the
least senior employee under consideration shall be involuntarily transferred.
Each involuntary transfer will be considered on its own merits and every
attempt will be made to minimize disruption to the instructional program. The
Superintendent shall notify the person to be involuntarily transferred in
writing and shall stipulate the reasons for the transfer. Such notification
shall take place before the involuntary transfer is to be implemented. The
employee who is involuntarily transferred shall have the right to meet with the
Superintendent or designee.
6.3.3 Except in
emergencies, at least ten (10) days written notice will be given to the person
who is to be involuntarily transferred. However, the involuntary transfer will
be tentative until the teacher has had the opportunity to appeal the decision
through the grievance procedure. Such appeal shall be limited to alleged
procedural violations of this involuntary transfer policy. Appeals on any
aspect other than the procedure will be submitted to the District’s Board of
Directors in accordance with Article 5, Section 1, Class B, Grievance.
6.3.4 Employees who have
been involuntarily transferred and who notify the District of their desire to
return will be transferred back to the last assignment held if or when that
former assignment becomes vacant. This consideration shall expire two years
from the date of the involuntary transfer.
6.3.5 A person
involuntarily transferred during the school year will be granted one (1) of the
options listed in Section 7, ‘New Curriculum Responsibilities’.
6.4 Vacancy: A vacancy
shall mean a position designated by the superintendent and/or board as open.
6.5 Vacancy Posting:
To assure that the employees are given every consideration in filling vacancies
that occur within the District, the following procedure shall be used:
6.5.1 Vacancy postings
shall be publicized to the staff and Association for a minimum of ten (10) days
before closing.
6.5.2 Vacancy postings
will be provided to the Association President by email on the date of posting,
displayed in officially-designated locations in each of the District’s
buildings, and entered into a voice mailbox. The posting shall include at least
the position and closing date.
6.5.3 Vacancy postings
will be supported by a job description and any other special qualifications
required for the position, as well as procedures for applying.
6.5.4 Current employees
who meet all reasonable qualifications for a job posting shall be interviewed
and fully considered prior to interviewing other applicants.
6.5.5 An employee who
has not been selected for a transfer to a vacant position shall have the right
to meet with the Superintendent or designee.
6.5.6 The district may
offer a part time employee an FTE increase without posting the increased FTE.
If more than one part time employee is available in the building, the District
shall post the FTE increase as a vacancy.
6.6. Job Share
Definition
Job Sharing is when two (2) applicants wish
to take responsibility for all the functions of one (1) full-time position.
Application Procedures
a. Two (2) current
staff members who wish to be considered for a job share must make application
as a team, in writing, to the building principal/unit administrator. The
application must address all of the items needed to share the duties and
responsibilities of one (1) position.
b. External applicants
or a current employee and external applicant who wish to be considered for a
job share may apply for an open position to the District personnel office
following standard District procedures. In addition to the normal application
process, successful applicants must submit a written plan as a team.
c. Job sharing other
than described in a. and b. above may be authorized at the discretion of the
administration based on the best interests of the District.
d. It is expected that
the job share partners will jointly develop an application that will have given
thorough consideration of all aspects of the position to be shared. Criteria
for the plan may be obtained from the District personnel office or from the
Anacortes Education Association.
Administration Approval
The administration must approve the job
sharing proposal before it can be implemented. Normally there will be no more
than two (2) job share partners per building/campus; this number may be
increased at the discretion of the District. The District decision to approve
or not approve a proposal will not be subject to the grievance procedure.
Financial and Contractual Arrangements
A. Continuing contract
staff members holding job sharing assignments shall be granted the appropriate
annual fractional leave during the period of job sharing.
B. Job share participants
will qualify for salary advancement; experience credit, sick leave, in-service
per diem opportunities, and other benefits as would any other part-time
certificated employee, except: the staff development incentive stipend will be
granted per position and shared by job share partners.
C. It is recommended
that job share applicants check the Teachers’ Retirement System rules prior to
making a decision regarding job sharing. Eligibility and service credit
requirements differ for part-time employees and may result in partial or no
service credit.
D. Should a job share
participant resign or take a leave of absence prior to or during the school
year, the job share situation will be handled as follows:
1. Offer full-time employment
to the remaining job share person;
2. Seek a comparable
replacement, with remaining partner working full-time until a replacement is
found; or
3. If the remaining
partner is unable to assume the full-time responsibility until a replacement is
found, a substitute will be identified to work until a replacement is found.
E. It is expected that
job share partners will substitute for one another when feasible. This can be
handled by:
1. Specifying the
number of days, or partial days, each person will work and adjusting work days
to accommodate substituting;
2. If a job share
partner is going to be on an extended leave (over twenty consecutive days), the
remaining partner will substitute at per diem; or
3. When a job share
partner is absent periodically, the remaining partner will substitute at the
represented substitute rate of pay.
F. One job share partner may transfer to another building in order to job share. However, job share