ANACORTES EDUCATION ASSOCIATION

AND

ANACORTES SCHOOL DISTRICT #103

CONTRACT AGREEMENT

SEPTEMBER 1, 2006 - AUGUST 31, 2009

Anacortes School Board Ratified June 22, 2006

 


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. ADMINISTRATION

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. BUSINESS

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 Washington State or through a Washington licensed insurance agent.

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 Anacortes School District and thus reserves all powers, rights, authority, duties, and responsibilities which come to it by state/board regulations and the laws and Constitution of the State of Washington and/or the United States. The Association recognizes that the Board is legally responsible for the operation of the school district and that the Board has the necessary authority to discharge all of its responsibilities subject to the laws mentioned above and the provisions of this Agreement. The Board shall have the right to determine matters concerning the management or administration of the work force, subject to the terms of this Agreement and RCW 41.59 and/or Chapter 288, Laws of 1975, First Extraordinary Session.

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. PERSONNEL

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 Washington State School District.

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 Anacortes School District will provide its employees the following insurance with regard to the above matters:

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