ARTICLE I

ARTICLE I. ADMINISTRATION

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.

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.

Section 3 Represented Substitutes

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 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

Section 4. Execution of Contract

This Contract shall become effective when ratified by the Board and Association, and executed by authorized representatives thereof.

Section 5. Contract Compliance

All individual employee contracts shall be subject to and consistent with the terms and conditions of this Contract.

Section 6. 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.

Section 7. 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.

Section 8. Distribution of Contract

Within a reasonable time (not to exceed sixty [60] days) following the ratification and signing this Contract by the parties, the District shall provide a print copy of the entire contract for each new employee and provide a copy of the summary of revisions for each continuing employee. The district shall also post this Contract on the District web-site. The Association will accept the Contract and the revisions on behalf of the employees and will be responsible for distribution to each employee in the bargaining unit.

Section 9. 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

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.

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.

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.

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

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

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 reprimand; 2) Written reprimand; 3) Suspension; 4) Discharge.

An employee has the right to have a representative from the Association and/or counsel present when formally being reprimanded, or disciplined (suspended or discharged). 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.

When an administrator calls a meeting with an employee at which meeting the administrator has determined that any of the above forms of discipline will be imposed, the administrator will inform the employee of his/her right to representation.

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.

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.

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:

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.

11. Employees who have been involuntarily transferred for 2009-2010 will be placed on a Professional Growth Option for a minimum of one year. After that, the District retains the right to remove said employee from the PGO and place employee on the Summative Long Form evaluation process.

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.

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 $250,000 per individual and $500,000 per occurrence.

B. Personal property damage liability in the amount of $500,000.

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 $1,000, with $10 deductible.

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 Filing Vacant Positions

a. Current employees, with continuing contracts, who meet all reasonable qualifications for a job posting, shall be fully considered prior to screening other applicants.

b. Should no qualified applicant be found among continuing employees, any former employee who successfully completed a certificated contract of 90 days or longer with the Anacortes School District, who received a satisfactory evaluation(s), and who received a letter of recommendation from an Anacortes School District administrator, will be placed in a job pool and fully considered for any open position for which the employee is qualified, prior to screening outside applicants. If this person meets all reasonable qualifications for an open job, then the central administration may offer them the position. If two or more current or former employees are equally qualified for an open position, then they will be interviewed and extra consideration will be given to the person who has spent the greater amount of time employed as a certificated employee of the district. Former employees shall remain in consideration for open jobs until they accept a certificated contract with another school district, or until they notify the district to have their name withdrawn.

c. Neither the Association nor a former employee has any right to challenge or allege a violation, misapplication, or misinterpretation of sub-paragraph b. above pursuant to the grievance procedure contained in this Contract.

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.

Section 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, inservice 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.

Section 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.

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 181 days inclusive of one Learning Improvement Day. Continuation of the one Learning Improvement Day 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:

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

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

Seven hours of professional development will be flexibly scheduled during the ~~period from~~ two weeks period prior to the first day of instruction.

For 2009-2010, the total mandatory hours will be fourteen (14.0) hours.

Nine mandatory hours become null and void following a double levy failure. When a subsequent levy passes, these hours will be restored during the term of this contract.

TRI Compensation

For 2009-2010, 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 9.75% of the 2009-2010 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 Requirement,

· 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. An employee working less than 1.00 FTE on an annualized basis will receive TRI pay on a prorated basis.

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 inservice 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.

Professional Learning Time

The district may adjust the length of work day to implement a Professional Learning Time schedule. Under a P.L.T. schedule, 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. 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 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. On the PLT day, the secondary plan time may be adjusted to equal the length of the average class period, or 40 minutes, whichever is greater

– This configuration of the length of the PLT work day:

– Must not lengthen the contract day

– Will include a PLT block which will be teacher directed during the month when grades are due.

– The remaining PLT blocks will be split between district directed time and time designated to individual teachers for preparation and enhancement of their instructional program. On the weeks that the district controls the PLT, it will be considered one of their 3 (three) blocks.

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

– Will not replace current allocated planning time

After PLT is scheduled for grading, Professional Learning Time (PLT) shall be scheduled such that half of the PLT will be teacher directed and half of scheduled PLT will be District directed.

Assemblies

Up to four (4) times a year the District may schedule extended assemblies at the Middle School and at the High School. On a day that an extended assembly occurs, the bell schedule will be changed so that instructional periods will be approximately the same length of time.

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.

Section 8. Staff Reduction

8.1 Criteria

When the Board of Directors determines that conditions including lack of funds, program, or curriculum change warrants or requires 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 posting.

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 all 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.

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 during the first two years of this contract. 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.

Persons placed on the re-hire list; temporary employees contracted for more than thirty-one days; and retirees within the immediate past two (2) school years are exempt from the thirty-one day rule and will be compensated at the daily rate of 75% of the State base per diem for each day of substitute work.

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 inservice credits for placement on the District salary schedule that are acceptable for placement by O.S.P.I.

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 8/15/2009. 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.

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 $100,000 Group Term Life and AD&D Insurance plan.

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.

The District will explore the specific option of child care, and if it can be accomplished a plan will be implemented as soon as possible.

F. Pooling per statutory intent: Adjustments in the allocation of pooled monies shall be made annually and payments shall begin no later than May. Allocation of funds shall be designated by the AEA in consultation with the District no later than January 15 of each school year.

Increased insurance contributions, if any, shall be provided to the extent of explicit authorization and specific funding for so long as such improvement is provided by law in keeping with all compliance requirements, and any adjustments affecting individuals covered by this Agreement will be made as soon as feasible after information is available.

G. The District will pay the medical insurance premium for up to one (1) year for those employees on approved medical leave who have exhausted their individual and shared sick leave. Any medical insurance benefits arising from state or federal FMLA will be applied concurrently with said approved medical leave.

H. VEBA III

A certificated employee retiring may have his/her sick leave buyout payments remitted directly to a sick leave conversion program selected by the Association. Such program will provide reimbursement of medical, dental and vision expenses, if the employee completes the enrollment form and signs a hold harmless provision. Any retiring certificated employee participating in the sick leave conversion program shall hold the District and the Association harmless should the IRS find that the District or the employee is in debt to the United States government for not paying income taxes due on any amounts or as a result of the District not withholding or deducting any tax, assessment, or other payment on such funds as required by federal law. Neither the District nor the Association makes any representations or warranties with respect to the tax consequences of the program nor to the ability of the program sponsor or insurer to fulfill its obligations under the program.

Any eligible certificated employee who does not wish to sign the hold harmless provision will not be permitted to participate in the plan at any time during the term of this agreement, and any and all excess sick leave which in the absence of this agreement would accrue to such employee during the term hereof, shall be forfeited together with all cash conversion rights that pertain to such excess sick leave.

Section 11. Leaves

SICK LEAVE:

The District agrees to provide twelve (12) days per year accumulative leave per employee to be used in the event of the absence of an employee necessitated by the personal injury to or illness of the employee. Said leave shall be granted with no deduction in salary. The use of sick leave, pursuant to the term 'emergency' in RCW 28A.58.099 shall be granted in the event of illness or injury of a member of the employee's immediate family when the presence of the employee is required, as recommended by the attending physician.

Leave days earned but unused during each calendar year may be accumulated year to year to a limit of one hundred eighty (180) days, or may be compensated annually or at retirement or death so long as prescribed and permitted by statute.

Accumulated sick leave shall be transferable into the District from any other school district in the state of Washington.

An accounting of accumulated sick leave shall be provided to each employee at the June pay period.

Sick leave shall be applicable under the following provisions, in addition to definitions in the above sections: (a) medical or dental appointments which require the attention of an out-of-town specialist, if recommended by a physician or dentist; (b) medical or dental appointments necessitated by pain or the need for immediate treatment; (c) physical examinations required by a physician in conjunction with a current illness. The District reserves the right to verify that an appointment was not available on a non-school day or that appointments were kept and to require a certificate of illness by a physician of the District's choice at the District's expense.

MATERNITY LEAVE:

An employee who becomes pregnant must notify the administration no later than the end of the fourth month of pregnancy. Maternity leave shall commence and terminate at the discretion of the employee and her personal physician. Provided, however, that if the District can establish sufficient evidence indicating that the employee exhibits excessive absences and/or mental or physical strain which limit her ability to perform her duties under District contract, the District may require that maternity leave for that individual commence at the most appropriate time, and the Superintendent shall make that determination. The employee shall submit a letter requesting maternity leave which shall include a statement as to the expected date of return to employment, as well as the date of commencement. Such letter shall be filed with the District no later than two (2) weeks prior to commencement of the leave. Every effort shall be made on the part of the certificated employee to live up to the terms of the letter.

Within thirty (30) calendar days after childbirth, the employee shall meet with the Superintendent and agree upon a specific date for return to work. Disagreements as to return date shall be submitted to the Secretary of the Human Rights Commission and a mutually agreed upon M.D.

Employees on maternity leave shall be granted their accumulated leave under the provisions of the District's sick leave policy. Employees returning from maternity leave shall be placed in their former position or a similar position in the District. (WAC 162-30-020.)

ADOPTION LEAVE:

a. Ninety (90) days non-paid leave shall be granted an employee who adopts a pre-school child and requests such leave. The leave request shall be directed to the Superintendent or his designee. This ninety days would apply to one parent only if both parents are District employees. Additionally, the parent(s) may use sick leave to care for an adopted child who has a diagnosed medical or health condition.

b. One (1) day of leave with pay shall be granted which shall be the day the adoptive parent appears in court to execute the legal adoption agreement; additionally, one (1) day leave with pay shall be granted to the parent(s) which shall be the first day home with the child.

c. The District shall be notified when adoption proceedings have begun and the leave shall begin at a natural break in the school year or a mutually agreed upon date.

d. At the discretion of the District, adoption leave may extend up to one semester beyond the initial ninety (90) day leave for one parent. The exact date of the employee's return will be determined in consultation with the Superintendent and the employee's immediate supervisor.

e. In the event adoptive parents are both employees of the District, only one adoptive parent shall be entitled to adoption leave except as noted above.

f. Experience credit will not be given for leave time in excess of one (1) semester.

BEREAVEMENT LEAVE:

The District agrees to provide with no deduction in salary, up to five (5) days per year per employee in the event of death or serious illness in the family of the employee. "Family" may include a significant other living in the same household or close personal friend. This leave shall be non-accumulative from year to year.

'Serious illness' shall be interpreted as any illness of an emergency nature in which death is imminent or in which the condition has been described as critical by a physician. 'Family' shall be interpreted as father, mother, brother, sister, children, spouse, aunt, uncle, grandparents, step-relatives, and in-laws of the same degree of relationship. 'Close friend' shall be determined applicable by the Superintendent as a result of a conference between the Superintendent and the employee.

EMERGENCY LEAVE:

The District agrees to provide, with no deduction in salary, up to two (2) days per employee per year, non-accumulative, for absences of an employee for emergencies as specified below:

A. Any illness or injury to a member of the employee's family.

B. Any act over which one has no control or which results in serious personal loss, such as fire, natural catastrophe.

C. Any accident without personal injury (i.e., auto accident, accident in public conveyance).

D. Any mandatory court appearance which is not the result of an illegal act on behalf of the employee.

E. Legal and business commitments which cannot be foreseen which demand immediate action and cannot be transacted during non-school hours and for which the employee will not be deriving immediate material gain.

F. Honors and awards to spouse or child which have been approved in advance by the Superintendent (i.e., college graduation, state tournaments, college musical or drama presentation, professional awards).

Additional emergency leave days may be granted above the total amount in this section after review by the superintendent/designee.

CIVIC LEAVE:

The District may provide up to two (2) days per year per employee in addition to sick leave for staff service as a member of a civic organization, for attendance at conventions, or for vital business, upon the written application of the employee and the approval of the Superintendent.

JURY DUTY:

In the event an employee is selected to serve on a jury, the District agrees to provide jury leave at regular pay with a deduction for jury pay for a period not to exceed fourteen (14) work days.

PROFESSIONAL LEAVE:

Professional leaves may, at the Board's discretion, be granted for one quarter, one semester, or one year to those employees who have served the District a minimum of five (5) years. An employee who has had a professional leave can become eligible for another professional leave after serving an additional five (5) years in the District. To qualify for professional leave, an employee must be eligible following the leave for at least three (3) years of service before reaching compulsory retirement age.

An employee on professional leave shall receive all employee benefits he would have received if he had remained on active duty and fifty percent (50%) of his regular salary. An employee receiving salary while on professional leave shall not engage in teaching or other remunerative occupations during such period. This does not prevent an employee from furthering his education on a teaching scholarship or fellowship.

Employees granted professional leaves shall agree to return to regular service in the District upon the expiration of their leaves for a period of at least one (l) year. If an employee does not return to regular service with the District at the expiration of the leave, all salary paid during the leave shall become due and payable to the District. If an employee should die or become permanently disabled while on professional leave, no repayment of salary paid while on leave shall be required.

Any employee desiring professional leave must submit a written request to the Superintendent prior to March 15 of the school year prior to the year for which professional leave is desired. The request shall specify the reasons for which leave is requested and give specific plans and endeavors. No more than two percent (2%) of all employees may be granted professional leave during any school year.

An employee returning from professional leave shall be given the same consideration for returning to the position of his last assignment as if he had been on active duty. It shall be assumed that the employee wishes to return to the position of his last assignment unless he notifies the Superintendent by February 15 prior to the expiration of his leave. If reassignment is necessary, procedures outlined in this contract shall be applicable.

MILITARY LEAVE:

Every employee who is a member of the armed services, including the National Guard and the Reserves, shall be entitled to a maximum of fifteen (15) days military leave per calendar year without loss of pay or accumulated sick leave, if ordered to duty by the military (RCW 38.40.060).

ASSOCIATION LEAVE:

A maximum of thirty-one (31) days of leave per year for Association business will be granted provided that in no case shall any individual member be released for more than ten (10) days in any school year. Notification of the leave shall be submitted by the Association President in writing to the Principal no less than three (3) days before the leave is to take effect. The Association President and the employee shall be informed of the arrangements made for the leave. The Association will compensate the District by the amount equal to the cost of the substitute within a month of when the leave was taken.

LEAVES OF ABSENCE:

Each request for whatever reason will be considered on its own merits. A request for and reassignment from a leave for reasons of health shall be accompanied by a verifying statement from an M.D. Application for leave of absence shall be made in writing before March 15 of the year preceding the school year or years for which the leave is requested. Requests shall be made to the Superintendent and he shall communicate such requests to the members of the Board within ten (10) days following receipt of the leave request with his recommendations for their final decision. The Board will act upon said requests within forty (40) days or at the next regular Board meeting, whichever occurs first. All approvals and denials will be in writing.

Requests for leaves of absence due to extended illness shall be verified by a physician. The employee receiving such leave will retain contracted status at no salary through the completion of the contracted year and may continue to receive the benefits of the shared health insurance program for a maximum of six (6) months.

Employees granted leave must present written notice to the Superintendent by March 15 of intent to return for the year following the leave. Upon return from leave, the employee shall be placed in the position last held or in a similar position in the District.

If leave is denied or recommended to be denied by the Superintendent, the person involved shall have and shall be granted an opportunity to meet with the Board or a committee thereof to discuss such denial. All leave approvals and denials will be in writing.

Compensation for leave of absence from the District will not be granted. If partial service is rendered to the District during the year, compensation for this service will be arranged.

While on leave, the certificated member will maintain seniority in the District. There will be no loss of accrued benefits or penalties assessed because the member was on leave of absence. Upon return from leave, the employee will be placed at the salary schedule step that college training and teaching experience indicate. There will be no experience increment for the year of leave of absence unless the employee was engaged in full-time teaching as part of his scholarship or educational grant.

ANNUAL LEAVE:

Four (4) days leave accumulative to five (5) days), shall be granted an employee for personal, business, legal, or religious reasons, provided, no more than ten (10%) percent, (the number to be rounded to the next whole number, or a minimum of two (2) staff members per building) shall be granted such leave in any one day. In addition, at least forty-eight (48) hours advance notice of request for such leave must be given to the building principal/supervisor.

The Association agrees to indemnify and to hold the District harmless from all claims asserted and law suits commenced due to any action taken by the District in strict compliance with this section.

Each year, accumulated annual leave (1-5 days) may be cashed out at a rate of $135.00 per day or current daily substitute rate, whichever is higher. Employees may retain up to 1 day to hold over for the following year. This cash out will appear on the July or August paycheck.

LEAVE SHARING:

ARTICLE III – PERSONNAL

Section 11, Leaves, Leave Sharing

LEAVE SHARING:

Employees may donate sick leave to another employee subject to the following:

The donating employee must have an accrued sick leave balance of more than twenty-two (22) days.

The donating employee may be allowed to grant up to six (6) days of leave during an twelve (12) month period.

The donating employee cannot request a transfer which would result in his or her sick leave account going below twenty-two (22) days.

To qualify for days under this provision a receiving employee must comply with the following conditions: i) he/she must suffer from, or have a relative or household member suffering from, an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature and which has caused, or is likely to cause, the employee to either go on leave without pay or to terminate employment; ii) the Superintendent/designee determines that the receiving employee’s absence and the use of the shared leave are justified; iii) the receiving employee has depleted, or will shortly deplete, his/her sick leave; and iv) the receiving employee has diligently pursued and been found to be ineligible for worker’s compensation benefits.

The Superintendent/designee shall monitor the amount of leave, if any, which an employee may receive under this section. However, an employee shall not receive a total or of more days than constitute his/her regular work year.

An employee who receives leave under this section will retain his/her status as a District employee.

Donating employees will complete a form titled “Transfer of Sick Leave” and submit the form to the District.

Section 12. Employee Facilities

Each building shall have the following facilities and equipment for the use of employees in that building:

A. Space in each classroom to store instructional materials and supplies.

B. A work area containing equipment and supplies to aid in the preparation of instructional materials.

C. A furnished faculty lounge separate from any work area, equipped with a telephone line and instrument, if possible.

D. A desk and chair and filing cabinet in each classroom.

E. A communication system, not necessarily electrical, between classrooms and the main office.

F. Well lighted and clean restrooms, separate from student restrooms.

G. A separate dining area (e.g., teachers' lounge) apart from the student dining area.

In order to permit freedom of access both during and after regular school hours, all employees will be issued keys or be provided means of access to their classrooms, faculty lounge, work area, and outside door of their assigned building, subject to the control of the District. An adequate part of the parking lot at each school will be reserved for employee parking, if possible. Representatives of the Association may meet and confer with the building principal to recommend specific changes or improvements in the facilities and their use.

Section 13. Professional Responsibilities

Teachers shall be responsible for complying with the provisions of all Board policies, following the prescribed courses of study, enforcing the rules and regulations of the school district, and maintaining and rendering the appropriate records and reports, provided that written copies have been issued to all certificated employees. Teachers shall have the right, and it shall be their duty, to direct and control within reasonable limits the studies of their pupils, taking into due consideration individual differences among pupils, provided that all pupils shall receive instruction in such prescribed courses of study as are required by law and regulations. Teachers shall be responsible for the evaluation of each pupil's educational growth and development, and for making periodic reports to parents or guardians and to the designated school administrator. Teachers shall be required to perform their duties in accordance with WAC 180-44-010.

Section 14. Auxiliary Personnel

Definition: Auxiliary personnel are persons who assist in, but are not responsible for, instruction under the supervision of a certificated staff person. Auxiliary personnel shall be responsible to the administrator and employee or employees to whom they are assigned. Certificated employees shall be consulted prior to the assignment of auxiliary personnel. Auxiliary personnel shall not be used to relieve certificated employees (classroom teachers) of their teaching responsibilities.

Section 15. Student Teachers

Teachers requesting a student teacher shall make written application through their building principal. No teacher shall be assigned a student teacher for more than two (2) quarters per year. Principals shall serve as supervisors of all student teaching assignments in their buildings. Only those teachers who are willing to accept student teachers will be given the assignment.

Section 16, After School Supervision

Teachers will not be required to supervise after school elementary music performances.

ARTICLE IV. INSTRUCTION

Section 1. Orientation of Staff

In the formal program provided by the District for the orientation of new employees, there shall be an opportunity for participation by Association representatives. The names of all employees, their building, grade, and subject assignments shall be provided to the Association as soon as possible each fall.

Section 2. Class Size/ Load Review Team

The following instructional load standards are established except for traditional large group instruction classes, such as music, K-6 physical education, team teaching and special education programs for which state standards are prescribed, and except when the District because of financial crisis (such as levy failure) has significantly less money for the instructional programs than it traditionally has. Combined classes will use the lowest grade level to determine the class standard.

Class Size

Effective 1998/99

GRADE SHALL NOT EXCEED

K-1 23

2-4 24

5-6 26

7-12 29 average or 32 per class

Relief of Overloads

Should classes exceed the above numbers after the first five (5) student days of the school year at the elementary schools or the first five (5) student days of each grading period at the secondary schools (semester/trimester), the District will remedy these overloads with student transfer, addition of staff, new class sections, etc. within ten working days. If such a remedy cannot be accomplished the District will provide each affected teacher a salary adjustment of:

Elementary:

1^st student over the maximum $10.00 per day

2^nd student over the maximum 10.00 per day

3^rd student over the maximum $25.00 per day

Middle/High Schools:

$10.00 per day per student (or fraction thereof) over the average of 29, or per student over 32 in an individual class, whichever is greater.

The above salary adjustments will be granted retroactive to the sixth (6^th) day of the applicable term. It is clearly understood that in the event class loads drop below the identified numbers above, the applicable salary adjustment will cease.

Specialists for the elementary school, librarians, counselors, and other school personnel who do not maintain a regular classroom shall not be counted in the teacher-pupil ratio determination.

Computation of Class Size: Class size is defined as the total of those students spending one-half or more of their instructional time in an assigned classroom. This provision shall be subject to the Grievance Procedure, Article V, only as a Class B Grievance. The decision of the Board of Directors shall be final and binding.

Section 2. Class Size/Load Review Team:

2.1 An advisory process for the purpose of reviewing unusual classroom/support staff loads shall be established.

2.2 The review team will review class size and teacher/support staff loads, to assure that the assignment of special needs students including but not limited to bilingual, special education and remediation students are not excessively assigned to one classroom teacher/support staff. The focus will be to review concerns related to teacher/support staff loads and to identify alternative solutions. The process is not an advocacy forum nor an extension of the bargaining process, but a professional/collegial approach to resolving staff concerns. The Review Team will strive to reach a consensus on solving concerns brought to its attention and refer their solutions to the Superintendent.

2.3 Procedures for establishing teams: Individual classroom teachers or support staff who want their student loads reviewed should contact their building principal first to resolve their concern. If the concern is not solved, they, or their building principal may request, in writing, that their concerns be reviewed. The request should contain the statement of the concern and request(s) to remedy the concern. The written request shall be addressed to the Superintendent and the AEA President, who should then review the request and determine the need for further action. If necessary, they will each appoint up to three (3) representatives to review the concern. Written recommendations from the Review Team will be presented to the Superintendent within ten (10) working days.

2.4 The determination of a final solution, with supporting rationale, will be made by the Superintendent and communicated to all relevant parties in writing within ten (10) working days after the meeting in 2.5.3 above.

Section 3. Preparation Period

Preparation time shall be free from student supervision, parent visitation and duty imposed by an administrator.

Grades 7-12 certificated staff who agree to teach under contract during prep time will be offered an additional contract equivalent to.083 FTE per semester taught (formula based on 4 7 period instructional day). If the certificated staff member is on authorized paid leave during the period of time covered by said additional contract, there will be no reduction in the staff member’s pay.

Elementary teachers shall have a minimum of 225 minutes of preparation time per week. Such time will consist of at least five (5) forty-five (45) minute blocks per week during the student day.

Secondary: Semester plan -- one 45-minute planning period per day.

Specialists: Program or subject area specialists will be provided the same number of 45-minute blocks per week as other elementary teachers. Educational Staff Associates shall be provided with an average of at least 45 minutes per day preparation time.

Section 4 Classroom Visitation

Per school board policy #4200.

Section 5. Student Discipline

The Board and administration shall support and uphold employees in their efforts to maintain discipline in the District and as soon as possible shall give response to all employee requests regarding discipline problems. Further, the authority of employees to use prudent disciplinary measures which are not arbitrary nor capricious for the safety and well-being of students and employees, as provided in District policies, is supported by the Board. In the exercise of authority by an employee to control and maintain order and discipline, the employee may use reasonable and professional judgment concerning matters not provided for by specific policies adopted by the Board and not inconsistent with federal or state laws or regulations.

The District agrees to conduct informational meeting(s) at the building level for certificated employees concerning applicable federal, state, and local laws and district rules, regulations, and procedures pertaining to student rights and the processing of student discipline. The meeting(s) shall be held prior to September 30.

ARTICLE V. GRIEVANCE PROCEDURE

The purpose of this procedure is to provide a means for the orderly adjustment of grievances of District employees covered under the terms of this Agreement.

Section 1. Definitions as used in this statement:

1. Grievances are of two classes:

Class A. A dispute by an employee or the Association President concerning the interpretation or application of the terms of the Agreement. Grievance brought by the Association President may move automatically to Step III.

Class B. A dispute by an employee that an existing District policy, regulation or rule has been misinterpreted or misapplied.

2. 'Days' as used herein shall mean regular teacher contracted work days except that after the last regular teacher contracted work day, days shall mean District business days.

3. Time Limits: Failure of the District to act in a timely manner in Steps I, II, III, IV will automatically move the grievance to the next higher step for consideration. Failure of the grievant to act in a timely manner will nullify the grievant's claim at any step level. Time limits prescribed herein may be extended by mutual consent of the parties.

Section 2. Representation

The grievant may be represented by a representative of the Association and/or counsel provided that any employee at any time may present his grievance to the employer and have such grievance adjusted without the intervention of the exclusive bargaining representative, as long as such representative has been given an opportunity to be present at that adjustment and to make his/her views known, and as long as the adjustment is not inconsistent with the terms of this collective bargaining Agreement.

Section 3. Freedom from Reprisal

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.

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.

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.

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.

(e) Each party shall pay any compensation and expenses relating to its own witnesses or representatives.

(f) The costs for the services of the arbiter, if any, including per diem expenses, his/her travel and subsistence expenses, and the cost of any hearing room, will be borne by the losing party to the arbitration. All other costs will be borne by the party incurring them.

(g) The total costs of the stenographic record, if requested, will be paid by the party requesting it. If the other party also requests a copy, that party will pay one-half of the stenographic costs.

5.5 All decisions arrived at under the provisions of this Step V Class A only by the representatives of the District and the Association or the arbiter shall be final and binding upon both parties, provided, however, in arriving at such decisions, neither of the parties nor the arbiter shall have the authority to alter this Agreement in whole or in part.

5.6 Personnel Files: All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel file of the participants.

5.7 Exclusion of certain matters: Matters for which another method of review is required by law and/or exempted by the terms of this Agreement shall be excluded from this grievance procedure.

ARTICLE VI. NEGOTIATIONS PROCEDURES

A. OBJECTIVES

The Board and Association agree that the negotiations process is dependent on mutual understanding and cooperation and therefore requires a free and open exchange of views in deliberations. Both parties agree to meet at reasonable times and places and to negotiate in good faith effort to reach agreement.

B. REPRESENTATION

Members of the Board or their designated representatives and representatives named by the Association shall meet for the purpose of negotiating and seeking agreement. Neither party will attempt to exert any control over the other's selection of its representatives except that no member of the unit shall be used as a negotiator for the Board. Consultants may be called upon by either party and utilized in the negotiation of any matter being considered by the negotiation teams.

C. SUBJECTS OF NEGOTIATIONS

The negotiations teams shall consider subjects for negotiations pursuant to RCW 4l.59.

D. DIRECTING REQUESTS

Requests from the Association for meetings of the negotiating teams shall be made in writing directly to the Superintendent or designee and the Board. Requests from the Board shall be made in writing directly to the President of the Association. The meetings shall be established at a mutually agreeable time and place.

E. EXCHANGE OF INFORMATION

The Board agrees to furnish the Association all information so as to meet all public disclosure requirements needed for developing intelligent, feasible and constructive proposals on behalf of the employee.

F. AGREEMENT

When agreement is reached, it shall then be made in writing and submitted for ratification to the Board and to the Association. When approved by both parties, it shall be signed by their respective presidents. Three (3) copies shall be signed for the purpose of record: one (l) retained by the Board; one (l) by the Association; and one (l) by the Superintendent.

G. SCHOOL CALENDAR

The parties recognize that the calendar is a mandatory subject of bargaining. In recognition of this fact, the Association will appoint its representative to a calendar committee consisting of one representative from each bargaining unit, one representative from the non-represented employees, and one parent representative appointed from among the Presidents of the Parent Teacher Association. The committee will develop calendar options to be voted on by all employees. The Committee will recommend to the School Board the calendar that receives the most votes. Should the Board fail to adopt the calendar that receives the most votes from all employees, contract negotiations will be opened, limited to this section.

ARTICLE VII. DURATION

This Agreement between the Board and Association shall be in full force and effect from September 1, 2009 to August 31, 2010

Appendix A

Certificated Salary Schedule 2009-2010

Anacortes Education Association
09-10 School Year
181 Work Days
									MA+90
	BA+0	BA+15	BA+30	BA+45	BA+90	*BA+135*	MA	MA+45	PhD
00	34,237	35,162	36,120	37,080	40,161	42,145	41,047	44,128	46,115
01	34,698	35,635	36,606	37,608	40,721	42,695	41,503	44,617	46,589
02	35,137	36,083	37,064	38,144	41,248	43,242	41,963	45,067	47,061
03	35,589	36,545	37,536	38,650	41,749	43,791	42,398	45,494	47,538
04	36,033	37,031	38,028	39,180	42,297	44,354	42,855	45,971	48,030
05	36,492	37,494	38,501	39,718	42,823	44,921	43,319	46,425	48,523
06	36,963	37,943	38,984	40,262	43,352	45,462	43,794	46,885	48,993
07	37,790	38,786	39,841	41,187	44,324	46,491	44,685	47,820	49,989
08	39,002	40,052	41,132	42,590	45,768	48,016	46,086	49,266	51,512
09		41,363	42,497	44,008	47,260	49,584	47,503	50,757	53,081
10			43,877	45,498	48,794	51,195	48,995	52,291	54,692
11				47,032	50,399	52,849	50,528	53,897	56,345
12				48,517	52,048	54,571	52,122	55,545	58,068
13					53,737	56,335

SEPTEMBER 1, 2009,TO AUGUST 31, 2010