ANACORTES EDUCATION ASSOCIATION

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 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 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

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:

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 positions are not eligible under the voluntary transfer section of the collective bargaining agreement.

G. Continuing contract employees who want to job share must apply for a leave of absence for the job share portion of his/her position. At the end of the job share assignment, the employees shall be placed in the positions last held or in a comparable position.

6.7 Job Trade

Employees who wish to trade positions for either a semester or a full year may submit a written plan to the Superintendent. The written plan should contain a statement of qualifications as well as the reasons for the proposed trade. The Superintendent will inform the applicants of his/her decision in a timely fashion. The decision will not be subject to the grievance procedure.

Article III Section 7. Contracts, Work Day, Supplemental Hours, Flexible Work Day and Payment

INDIVIDUAL EMPLOYEE'S CONTRACT: Any individual contract between the District and an individual employee shall be subject to and consistent with this contract.

COPIES OF CONTRACT: Two copies of the contract shall be given to the employee each year for signature. One signed copy will be returned to the District for Board signature. A copy of the approved contract will be returned to the employee and the original placed in the District files.

LENGTH OF CONTRACT: Effective with this contract the length of the regular employee contract shall be 182 days inclusive of two Learning Improvement Days. Continuation of the two Learning Improvement Days will be contingent upon future legislative funding of such days.

SUPPLEMENTAL HOURS: The following supplemental hours shall be provided at the per diem rate and will be compensated only if actually worked by separate contract. No leave provisions shall be applicable to the supplemental hours offered.

Mandatory Hours:

Nineteen and one half (19.5) mandatory hours will be worked in the first year of the contract. In the second year of the contract, the mandatory hours will be increased to twenty-three (23) hours.

• Five hours will be planned by the District and scheduled on the work day immediately before the first student day.

• Two teacher directed hours will be added on the work day immediately before the first student day for the term of this contract

• Two hours will be performed at each site’s annual Open House.

• Seven hours of learning improvement activities will be flexibly scheduled during the period from two weeks prior to the first calendar Learning Improvement Day to the end of the first month of school in the first year of the contract. The hours will be directed by the building on a Learning Improvement Date approved by the Calendar Committee.

• In year one of the contract, 2006-07, 3.5 hours of mandatory safety in-service training will be provided to all certificated staff before school begins. Effective the second year of this agreement, an additional three and one half (3.5) mandatory hours will be teacher-directed time on-site. (In 2007-08, the total mandatory hours will be twenty-three (23) hours

• Seven mandatory hours become null and void in the first and second year of the contract following a double levy failure. Nine mandatory hours become null and void in the third year of the contract following a double levy failure. When a subsequent levy passes, these hours will be restored during the term of this contract.

TRI Compensation

For 2006-07, TRI compensation, in addition to mandatory time above, shall be based on TRI (Time, Responsibility and Incentive) schedule. Said schedule base will be equivalent to 2006-07 7.5% of the Salary Allocation Model base. (See attached schedule)

For 2007-08, TRI compensation, in addition to mandatory time above, shall be based on TRI (Time, Responsibility and Incentive) schedule. Said schedule base will be equivalent to 8.0% of the 2007-08 Salary Allocation Model base.

For 2008-09, TRI compensation, in addition to mandatory time above, shall be based on TRI (Time, Responsibility and Incentive) schedule. Said schedule base will be equivalent to 9.0% of the 2008-09 Salary Allocation Model base.

TRI compensation based on an employee’s FTE will be for responsibilities including, but not limited to:

• opening and closing of school,

• extended staff meetings,

• student progress reports,

• open house,

• orderly check-in/check-out procedures,

• staff development,

• site-based management,

• in-service workshops,

• team planning, activities that directly support the State’s educational reform efforts,

• Essential Academic Learning Requirements, ‘

• District Strategic Planning Goals, and

• Other related activities under the supervision of the building principal/program director.

Verification of responsibilities will be documented on a District form.

Part-time employees hired prior to 10/1/2000 will be compensated as if said employee were full-time employees.

One and one tenth (1.1) of the base of the Anacortes Certificated Salary Schedule as applied to the additional compensation schedule will become null and void for the following year in the event of a double levy failure, when a subsequent levy passes these hours will be restored during the term of this contract.

EARLY RELEASE DAYS

Four (4) early release days as follows:

1. End of the first semester (secondary), end of the first trimester to prepare for fall conferences (elementary), for the purpose of school record-keeping and progress reporting. The date(s) will be determined by the District.

2. Early release the last day of school.

3. Two additional early releases determined by the District for the purpose of staff planning, program development, departmental planning, coordination & evaluation activities. In the 2002-2003 school year, at the elementary level, one of these additional early release days will precede the spring conferences and will be used for the purpose of student record-keeping and progress reporting and conferencing.

4. More early release days will be provided on a regular basis if allowed under Washington Administrative Code related to program hour offerings and teacher student/contact time. Additional Responsibilities -- District Level. Conversely, in any given school year, the District may eliminate either or both of the ‘two additional early release’ days mentioned above in the event that the District needs to comply with the basic education act.

NEW CURRICULUM RESPONSIBILITIES – DISTRICT LEVEL

New or different responsibilities as required by the District are defined as the following specific assignment changes:

1) different level (2 grade level's discrepancy):

- K-3 (primary) - 7-8

- 4-6 (intermediate) - 9-12

2) new content area

-grades 7-12

-no training or experience within previous 7 years

3) District adoption, or significant change in curriculum, i.e., major philosophical shift or significant changes in type of instructional materials or methods required

Teachers who assume new or different responsibilities as described above will be provided at least one of the following:

1. One course in the new area for which the District pays tuition and textbook costs (cannot be used with incentive stipend)

2. Three days (21 hours) per diem time for preparation of instructional materials. Release days or additional time)

3. One professional in-state conference specifically related to new content area.

4. One in-service workshop in new content area.

5. Two days of release time for classroom observations in new content area.

6. Participation in a district-sponsored training workshop when available.

7. Other, as approved by the Principal and Superintendent.

PROFESSIONAL GROWTH: Each employee is eligible for one (1) day per school year of release time for visiting other classrooms, programs, or attending conferences, workshops, seminars or committee work for the purpose of professional improvement. The first day of release time when the district provides a substitute to an employee for the purpose of professional or personal growth meets the District obligation under this contract provision. Employees who desire to participate in this professional growth program must seek prior approval from their building principal/supervisor. If the principal/supervisor does not grant approval the employee may request that the superintendent or his/her designee review the decision. The decision of the superintendent or his/her designee will be final and binding. If a principal/supervisor desires an employee to participate in any activity that would use his/her professional growth day, then the principal/supervisor must seek prior approval from the employee. Any employee who has already used their professional growth day will not be discriminated against for any committee work that may arise after his/her professional growth day has been used.

LENGTH OF WORK DAY: Employees shall begin their work day with a block of at least thirty (30) minutes before the student's school day begins and shall continue for a block of at least thirty (30) minutes after the student's day ends. The total amount of minutes for these blocks of time shall be no less than sixty (60) minutes per work day. Each week, no more than three of these blocks will be district directed time. The remaining blocks will be designated as time for scheduled parent meetings. If no meetings are scheduled, these blocks of time are intended to be teacher directed time. The work day for all employees shall be seven (7) hours, except that the District shall have the right to adjust the employee work day if necessary to meet the compliance requirements of the Basic Education Act. In addition, all certificated staff shall have a duty-free lunch period of not less than thirty (30) continuous minutes. Though early release within a school day is discouraged, in exceptional cases this procedure may be followed at staff request and with prior approval of the principal. The parties recognize the importance of parent conferences and that some parents may not be able to attend during a normal work day. To accommodate these parents one of the days during fall conference, and one in the spring, will be exchanged for a three-hour night conference. In exchange for the night conferences there will be an early release day for all certificated staff on the Wednesday before Thanksgiving and on the Friday before Memorial Day. See Memorandum of Agreement 05/08

FLEXIBLE WORK DAY

Certified employees who are requested by the District and who voluntarily choose to participate in their school's School Improvement Program may volunteer on an annual basis to participate in the restructuring of their seven (7) hour work day. The seven (7) hour work day includes at least one 45 minute planning period and is in addition to a 30 minute duty free lunch period. The 300 minutes per week (30 minutes before and 30 minutes after the student day) may be redistributed throughout the work week. Student contact time will not exceed 1400 minutes per week.

Though the start time for staff may vary, the work day shall be seven (7) hours. Participation is voluntary and if an adjustment is needed after the restructuring of the work day, a change may be mutually agreed upon.

STAFFINGS: When possible, as judged by the District, staffings will be held in the building from which the referral was made.

PAYMENT: In accordance with state law, all employees shall be paid in twelve (12) monthly installments. Each check shall contain one-twelfth (1/12) of the contracted salary. Pay shall be electronically transmitted to the employee, or a payroll check may be picked-up in person on the last District business day of each month. In December, individuals who wish to pick-up their payroll check in person may do so only on the first District business day in January. Employees receiving their checks in person may request that their payroll check be mailed on the last District business day in December, June, July and August. Beginning with the 2003-04 school year, new employees will be paid by electronic deposit. In the event of a mistake in payment resulting in underpayment or overpayment, corrections shall be made over the same period that the under or overpayment was made and/or made by the end of August in the contract year or at separation.

RELEASE FROM CONTRACT: An employee under contract shall be released from the obligations of the contract upon request under the following conditions:

A. A letter of resignation specifying the reason(s) for the resignation must be submitted to the Superintendent's office.

B. A release from contract for an ensuing school year shall be granted provided a letter of resignation is submitted prior to June 1.

C. A release from contract for an ensuing school year may be granted after June 1 provided a satisfactory replacement as determined by the Superintendent can be obtained.

D. A release from contract may be granted in case of illness or other personal matters which make it impossible for the employee to continue in the District.

Article III Section 8. Staff Reduction

8.1 Criteria

When the Board of Directors determines that conditions including lack of funds, program, or curriculum change warrant or require a reduction in certificated personnel, and when the required programs and positions have been determined by the Board, the determination of those certificated staff to be retained shall be made on the basis of certificated employees holding required endorsements and then seniority, in that order.

8.1.1 Definition of Certificate Endorsements

Certificated endorsements shall be determined by the District based upon the Revised Code of Washington (State Law) and the Washington Administrative Code (WAC) State Regulations.

8.1.2 Definition of Qualifications

An employee shall be deemed qualified for a position if he/she holds the required certificate endorsement.

8.1.3 Definition of Seniority

Seniority shall mean the number of years of Washington State experience held by a certificated employee recognized by the State for salary funding purposes, rounding to the nearest tenth.

8.2 Timeline and Tie Breaker

By February 1 of each school year the Board will publish and distribute to all employees and the Association a seniority list ranking each employee from greatest to least seniority. Any employee who believes that his or her seniority is incorrect may file a Notice of Correction and provide documentation to the Human resources office no later than February 15 for resolution. The final seniority list will be published and distributed to all employees and the Association by March 1. Any employee who believes that his or her seniority is incorrect may file a written grievance directly at Step 1 (Superintendent Level 2) and thereafter proceed to arbitration consistent with the Grievance Procedure.

In the event that more than one employee has the same seniority ranking, all employees so affected will be ranked in accordance with the total seniority as certificated employees in the District from greatest to least.

In the event that more than one employee has the same seniority ranking after applying the above provision, preference shall be given to the employee who has at that time the greater number of quarter equivalents of college credits beyond the BA degree as evidenced by college transcripts the employee has placed on file

In the event that more than one individual employee has the same seniority ranking after applying the above provisions, all employees so affected shall participate in a coin toss, to determine position on the seniority list. The Association and all employees so affected shall be notified in writing of the date, place and time of the coin toss. The coin toss shall be conducted openly and at a time and place which will allow affected employees and the Association to be in attendance.

8.3 Leave of Absence

Subsequent to a lay-off, employees retained may apply for a one-year leave of absence without pay. If the granting of such leave will open a position for which a laid-off employee is qualified, the position will be offered to the most senior, qualified (Per 8.1 of this section) laid-off employee on a one-year, replacement contract. An employee returning from the one-year leave of absence will retain his/her rights under applicable Washington statute. The employee on the one-year contract will return to lay-off status unless hired to fill the position of an employee on leave of absence or a position that is newly created or vacated. In either case, the laid-off employee must be qualified for the positing.

8.4 Recall procedure

All teachers receiving, on or before May 15, a layoff notice shall be subject to recall as provided below during the academic school year immediately following such notice. It is understood and agreed that, although employees properly laid off pursuant to the terms hereof do not have a continuing contract guaranteeing them a certificated employment position and a salary for the forthcoming fiscal year, each laid-off teacher shall be considered as to have employment status with the District for the purpose of recall.

A laid-off employee shall be considered to have employment status with the District for the purpose herein defined for two (2) years immediately following August 31 of the year the employee is laid off. Such employment status may be extended upon employee request at the discretion of the Board.

In the event that additional vacancies or new positions become available in the District, the Board shall first recall all employees who have been laid off in accordance with these provisions before employing additional persons to fill such positions, so long as the qualification requirements (per 8.1 of this section) are met. Employees with the greatest seniority and necessary qualifications as provide herein shall be recalled to available positions first.

The Board shall give written notice of recall from layoff by sending a registered or certified letter to said employee at his/her last known address. The employee’s address as it appears on the Board’s records shall be conclusive when used in connection layoff, recall, or other notice to the employee. It shall be the responsibility of the employee to notify the Board of any change in address. Failure to accept an offered position within fourteen (14) calendar days from the date of such offer shall terminate off of the employee’s employment rights with the District. It is understood that the layoff and recall provisions set forth herein shall not apply to any “provisional employee” as such employees are defined in Chapter 114 of the 1975-76 Laws of Washington.

Article III Section 9. Salaries and Stipends

STATE SALARY SCHEDULE: Association members will be placed on the state salary schedule effective with this contract. Members adversely affected, will be provided an incentive supplemental contract equaling the difference between the 2002-2003 District Salary Schedule and the State Salary Schedule. The difference will be calculated on an FTE pro-rata basis for less than full time employees.

All supplemental contracts will be based on the Association member’s placement on the State Salary Schedule during the term of this contract.

The parties acknowledge the necessity to comply fully with the salary and benefit increase limitations imposed by State Law (hereinafter the “Salary Limits”). The parties further acknowledge the complexity of the compliance problems confronting them. Thus, it is not the intent of the parties to make any agreements which would preclude the District from complying with the Salary Limits or vest employees with salaries or benefits in excess of the Salary Limits.

Salary Calculation: The District agrees to pass through to certificated employees state funded salary increases during the term of the Agreement through the following calculation:

a) Experience increments will be granted based upon proper placement of the District Salary Schedule (Appendix A).

b) Education increments will be granted by October 1 of each year, retroactive to September 1 of each year, based upon proper placement on the District salary schedule.

COMPENSATION FOR SUBSTITUTES: Represented substitutes who are represented by virtue of the thirty-one (31) day rule shall be compensated at a daily rate determined by calculating 75% of the state base per diem rounded to the nearest even number. Represented substitutes who have been employed twenty-one (21) consecutive days or more in one assignment shall be paid at a per diem rate based upon their appropriate position on the salary schedule, effective on the 21st day of employment in one assignment.

Leave replacement employees are those hired to replace regular employees whom the Board has granted a specific leave. Leave replacement employees will be placed at their appropriate position on the salary schedule effective the first day of assigned leave replacement and then will be subject to all terms and conditions of this agreement, except that non-continuing contracts issued for less than forty-five (45) working days will not be eligible for insurance benefits.

EXPERIENCE CREDITS

1. Degrees, credits and experience will determine placement on the teachers' salary schedule.

2. Full experience for previous teaching, whether in or out of the state, will be counted in placing new teachers on the salary schedule.

3.1 Credit for experience shall be allowed on the same basis as the state accepts experience on the statewide salary schedule. Substitute teaching shall not be counted for experience on the salary schedule.

3.2 College teaching will be counted as teaching experience only when the teaching was performed under regular contract. Credit for one (1) year's experience will be granted for three hundred and sixty (360) hours of active instruction during any twelve (12) month period.

4. Credit for experience shall be given for active military, Peace Corps, or Vista service which interrupts teaching up to a maximum of three (3) years.

EDUCATIONAL CREDITS

Certificated personnel successfully completing courses that are approved by the Office of Superintendent of Public Instruction for placement on the state salary schedule (state allocation model/leap schedule) will receive approval for placement on the salary schedule for courses completed prior to September 1 of the contract year and documented by official transcript no later than December 1 of the contract year.

100 level courses that are accepted by the State for placement on the State allocation model will be approved for placement on the salary schedule.

Transcripts are required for verification of credits earned. It is the employee's responsibility to provide the District administrative office with the information and documentation required for salary schedule advancement.

Employees will be granted credit for placement on the salary schedule for the current contract year provided the employee submits transcripts or other proof of credits earned to the District administration office prior to October 1, or the last working day of September if October 1 is a non-working day, with an official transcript required not later than December 1. However, if the employee does not provide the District with an official college transcript by December 1 of the current contract year, the employee will not receive the incremental increase for the contract year. Exceptions shall be granted if the cause for additional delay is solely the responsibility of the college or university provided the employee has requested an official transcript by October 1st of the new school year

The District will accept clock hour and in-service credits for placement on the District salary schedule that are acceptable for placement by O.S.P.I.

PROFESSIONAL IMPROVEMENT COUNCIL:

1. The Professional Improvement Council shall meet when convened upon request of the chairman and with at least five working days advance notice.

2. The Professional Improvement Council will consist of the AEA president and two AEA representatives appointed by the AEA president; two administrative representatives appointed by the superintendent, and the superintendent. These six persons will make up the Professional Improvement Council. The superintendent's secretary will act as the secretary of record.

3. The first duty of the committee at the first meeting of the school year shall be to elect a chairperson and secretary. The chairperson will alternate each year between members appointed by the association and administration.

4. A quorum shall be four (4) members, and Robert's Rules of Order shall prevail. All information discussed at meetings shall be considered privileged and confidential.

5. Certificated personnel desiring credit on the salary schedule for courses which do not meet the criteria in Article III, Section 9; Experience Credits, or do not meet with the principal's approval may petition a review by the District's Professional Improvement Council by submitting a request in writing to the chairperson. The individual may appeal in his/her own behalf or have a representative present his/her request.

6. Decisions of the Professional Improvement Council may be appealed to the District Board of Directors, whose decision shall be final.

EXTENDED CONTRACTS:

Extended contracts shall be granted on the following basis:

Secondary counselors - maximum 70 hours (10 days) before/after the regular contracted year for the purposes of academic advisement, student scheduling, and other necessary parent/student contacts.

Elementary Learning Behavioral Specialists - maximum 35 hours (5 days) before/after the regular contracted year for purposes of required individual student assessments.

K-12 Librarians - maximum of 35 hours (5 days) for purposes of opening/closing operations which are required outside the regular school year. The scheduling of this time will be mutually agreed to between the librarian and the building principal.

Vocational home economics teachers shall be reimbursed for a maximum additional number of hours for home visitations and state conferences, as determined by allowing one and one-half 1-1/2) hours per vocational student per year. Certificated employees providing the extra services shall be reimbursed at their respective annual contracted hourly rates.

Extended contracts will be calculated as supplemental contracts for compliance purposes.

CURRICULUM DEVELOPMENT PAY: When, in the judgment of the Anacortes School District, a curriculum development pay program is needed, the following conditions shall prevail: The program to be developed, the number of hours to be reimbursed, and the individual staff member(s) participating must have the prior approval of the District. Remuneration may be provided upon approval by the District for hours worked on non-contracted days, on holidays, vacation, weekends, and after completion of required responsibilities on contracted days. Reimbursement shall be at each teacher's respective annual contracted hourly rate.

TRAVEL REIMBURSEMENT -- Travel reimbursement will be consistent with current Board policy but no less than the amounts adopted in Board policy as of 11/15/94. The following kinds of trips will be reimbursed upon request and approval:

A. The non-contracted state professional meeting days set aside each year;

B. Professional meetings requested by an employee (clinics, music, conferences, etc.)

C. Meetings and visitations undertaken at the direction of the Superintendent or designee on behalf of the District;

D. In-District travel.

Article III Section 10. Insurance Benefits:

The District shall provide flow through state funded insurance amounts per FTE toward payment of premiums of approved district group insurance programs for all employees and their eligible dependents who elect to participate. Payments shall apply toward life, dental, vision, medical, and other group insurance programs as approved by the association and the Board. Annual enrollment for all employee group insurance programs shall be during the first thirty (30) days of the school year. The enrollment of newly employed employees shall begin with their employment and shall be completed within the time specified by the insuring company. The District will provide payment for insurance premiums for certificated employees on the basis of their FTE employment.

In addition to the state funded insurance amount, the District shall pay sixty percent (60%) of the amount per month per FTE employee for the retiree subsidy owed to the State Health Care Authority.

The District shall provide payment for insurance premium payments of the following approved District group insurance programs.

A. Life Insurance: The District shall pay the monthly premium per certificated employee for a $50,000 Group Term Life and AD&D Insurance plan underwritten by Provident Life & Accident Insurance Company.

B. Dental: The District shall pay the monthly premium for dental insurance for certificated employees and their dependents with the orthodontia benefit added. This plan will be the Washington Education Association endorsed plan.

C. Vision: The District shall pay the monthly premium for vision care for certificated employees and their dependents. This plan will be Vision Care Plan II with Cosmetic Contacts by Blue Cross of Washington and Alaska.

D. Medical: After payments have been made by the District for dental and vision premiums (above), the total cost of dental and vision premiums shall be deducted from flow through state funded insurance amounts plus the amount defined above per month in each contract year with the difference applied to the WEA Medical/Life 365 Program for certificated employees and their dependents.

E. Section 125 Plan: Effective January, 1991 the District will establish a section 125 for insurance premiums for policies listed in this contract only. Plan administrative costs are to be paid by the provider.

There shall be no reprisals by the School District or administrative personnel against any aggrieved party or local Association representative for reason of his participation in the processing of a grievance in accordance with the provisions of RCW 41.59.140.

Article V Section 4. Assistance in Investigations

The District will supply the grievant, upon request, such information as is reasonably required for investigation or processing of the specific alleged grievance.

Article V Section 5. Release from Duty

If attendance at mutually scheduled meetings, hearings, or appeals relating to the grievance adjustment process, whether as a grievant or witness, requires a certificated employee's (as covered by this Agreement) absence from his duty assignment, he shall be released without loss of pay. The Association shall reimburse the District for the cost of the substitute for the Association representative.

Article V Section 6. Procedure

Step I, Class A & B:

An employee shall first present his/her grievance to his/her supervisor for settlement. Such presentation shall be made within thirty (30) days following the occurrence of the event giving rise to the grievance or first becoming known to the employee. The supervisor shall, within seven (7) days thereafter, provide to the employee his/her answer to the grievance.

Step II, Class A & B:

If the grievance is not resolved to the grievant's satisfaction in accordance with the preceding sub-section, the grievant has seven (7) days from the answer in Step I or seven (7) days from the time an answer should have been provided in Step I, to move the grievance forward by submitting it in writing to the grievant's supervisor. A statement of the grievance shall contain the following: (1) the facts on which the grievance is based; (2) a reference to the specific provisions in this Agreement which have been allegedly violated; (3) the remedy sought. The parties have ten (10) days from submission of the written statement of grievance to resolve it through meeting(s). A written statement indicating a disposition of the grievance shall be furnished to the aggrieved.

Step III, Class A & B:

If no settlement has been reached within the ten (10) days referred to in Step II, and the grievant believes the grievance to be valid, the grievant shall submit a written statement of his/her grievance to the District's Superintendent or his/her designee within fifteen (15) days of the written disposition in Step II, or fifteen (15) days from the time such disposition should have been due. After such submission, the parties will have fifteen (15) days to resolve the grievance through meetings. A written statement indicating a disposition of the grievance shall be furnished the aggrieved.

Step IV, Class B Only:

If no settlement is reached in Step III, Class B, within a specified or agreed time limit and the grievant believes the grievance to be valid, then a written statement of grievance shall be submitted within fifteen (15) days to the District Board of Directors. After such submission, the parties will have thirty (30) days to resolve the grievance. The Board of Directors reserves the right to summon the grievant for a hearing to review the grievance. The grievant reserves the right to appear before the Board of Directors for a hearing to review the grievance. A written statement indicating the disposition of the grievance shall be furnished the aggrieved. The decision of the Board shall be final and binding as rendered in this step.

Step V, Class A only from this point on:

If no settlement is reached in Step III and the grievance falls within the terms of the Class A definition, then the grievant may, in writing, within ten (10) days thereafter, request that the matter be submitted to an arbiter for prompt hearing as hereafter provided in 5.1 - 5.4 inclusive:

5.1 (a) Written notice of a request for arbitration shall be made to the superintendent within ten (10) days of receipt of the decision in Step III.

(b) The issue must involve the interpretation or application of a specific provision of this Agreement.

5.2 When a timely request has been made for arbitration, the parties may agree to select an impartial arbiter to hear and decide the particular case. If this process is acceptable, the arbiter shall be mutually selected within five (5) days after submission of the written request for arbitration. If it is not possible within this time frame or if selection as contained herein is not mutually acceptable, the provisions of 5.3 shall apply.

5.3 In the event an arbiter is not agreed upon as provided in 5.2, the parties shall jointly request the American Arbitration Service to submit a panel of seven (7) arbiters. Such request shall state the general nature of the case and ask the nominees be qualified to handle the type of case involved. When notification of the names of the seven (7) arbiters is received, the parties in turn shall have the right to delete a name from the panel until only one (1) name remains. The remaining person shall be the arbiter. The right to delete the first name from the panel shall be determined by lot. The process shall be completed within five (5) days of receipt of the list.

5.4 Arbitration proceedings shall be in accordance with the following:

(a) The arbiter shall hear and accept pertinent evidence submitted by both parties and shall be empowered to request such data as the arbiter deems pertinent to the grievance and shall render a decision in writing to both parties within twenty (20) days (unless mutually extended) of the completion of the hearings.

(b) The arbiter shall be authorized to rule and issue a decision in writing on the issue presented for arbitration, which decision shall be final and binding on both parties.

(c) The arbiter shall rule on the basis of information presented in the hearing and on the basis of the arguments and contentions of the parties as set forth in any pre and post hearing briefs, and shall refuse to receive any evidence after the hearing except by mutual agreement.

(d) Each party on the proceedings may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be pertinent to the matters set forth in the written statement of grievance. The arguments of the parties may be supported by oral comment and rebuttal. Such arguments of the parties, whether oral or written, shall be pertinent to and directed at the matters set forth in the grievance.

Anacortes Education Association

And

Anacortes School District

The Association and the District agree to jointly establish common understandings during the 2006-07 school year regarding Article III, Section 6.

________________________________________________/____________________________

For the Association Date

_______________________________________________/_____________________________For the District Date

Memorandum of Agreement

Between

Anacortes Education Association

And

Anacortes School District

The Anacortes Education Association and the Anacortes School District agree to the following amendment to Section 7, Contract Work Day, Length of Work Day:

We agree to a trial period of one year in which employees shall begin their work day with a block of at least twenty (20) minutes before the student's school day begins and shall continue for a block of at least twenty (20) minutes after the student's day ends. The total amount of minutes for these blocks of time shall be no less than fifty (50) minutes per work day. The work day for all employees shall be seven (7) hours, except that the District shall have the right to adjust the employee work day if necessary to meet the compliance requirements of the Basic Education Act. In addition, all certificated staff shall have a duty-free lunch period of not less than thirty (30) continuous minutes.

The 50 minutes per week accumulated by reducing the total daily blocked minutes from sixty (60) to fifty (50) may be added to one of these blocks each week before or after the student’s day to create an extended block of Professional Learning Time that shall be no less than eighty (80) minutes long.

1. This reconfiguration of the length of the work day:

2. Must not lengthen the contract day

3. Must include at least one P.L.T. block per month designated to individual teachers for preparation enhancement of their instructional program.

4. Will include an additional P.L.T. block which will be teacher directed during the month when grades are due.

5. Will insure that no seat time will be lost to students as a result of the change.

Will not replace current allocated planning time
Each week, no more than two of these blocks may be used for scheduled administrative meetings. The remaining blocks of time will be designated for scheduled parent meetings. If no meetings are scheduled, these blocks of time are intended to be teacher directed.

At the conclusion of the 2008-2009 school year, the Association and the District will reassess this approach. Unless both sides agree to continue, the collaborative day will be cancelled, the beginning and end of the school day will revert to their original times, and it may be put forth, by either party, as an item of negotiation during our scheduled contract negotiations.

Appendix A

Certificated Salary Schedule 2006-07

Appendix B- Evaluation and Observation Forms

Form 1- Employee Performance Evaluation: Additional Comment Sheet

Anacortes School District 103

Employee Performance Evaluation: Additional Comment Sheet

Name of Employee: