Jefferson County Teachers Association Contract: Employee Rights and School Operations, Study notes of Law

Download Jefferson County Teachers Association Contract: Employee Rights and School Operations and more Study notes Law in PDF only on Docsity! JCBE-JCTA Agreement 2018-2023 Published by: Jefferson County Board of Education 3332 Newburg Road P.O. Box 34020 Louisville, Kentucky 40232-4020 Distributed to Employees by: Jefferson County Teachers Association Watterson City West Building 1941 Bishop Lane, Suite 300 Louisville, Kentucky 40218 Equal Opportunity/Affirmative Action Employer Offering Equal Educational Opportunities 2 5 PREAMBLE 1 2 The Jefferson County Board of Education and the Jefferson County Teachers Association 3 do hereby agree that the welfare and success of the children of Jefferson County is 4 paramount and will be promoted by both parties. 5 6 The parties further recognize that diversity is one of Jefferson County Public Schools 7 greatest assets in the education of our students. With that recognition, we renew our 8 commitment to foster a school system that treats each student, parent, and employee 9 with respect, dignity, and sensitivity to their unique needs and culture. 10 11 This Agreement is made and entered into by and between the Board of Education of 12 Jefferson County, Kentucky, hereinafter called the “Employer” and the Jefferson County 13 Teachers Association, hereinafter called the “Association;” the Employer and the 14 Association when jointly referred to are hereinafter called the “Parties.” 15 16 Therefore, the Parties mutually and in good faith agree to the following: 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 6 ARTICLE 1 – DEFINITIONS 1 2 As used in this Agreement, the following definitions apply: 3 4 1. Employer means the Board of Education of Jefferson County, Kentucky. 5 6 2. Association means Jefferson County Teachers Association. 7 8 3. Members or Membership means only employees belonging to the Association. 9 10 4. Days when used in this Agreement refer to school calendar days unless 11 otherwise specified. 12 13 5. Worked Days means those days which the employee is on duty. 14 15 6. Certificated Personnel means those persons holding positions for which 16 certificates may be issued except substitutes and superintendents as defined 17 under applicable state laws and who are employed by the Employer. 18 19 7. Employee means any certificated person who is represented by the 20 Association. 21 22 8. Superintendent means the Superintendent of Schools of Jefferson County, 23 Kentucky. 24 25 9. Negotiations means a process and a method that provides for the Employer 26 and the Association to negotiate on matters of mutual concern, to reach 27 agreement on such matters, and to make provisions for resolving disagreement 28 in the event of impasse. 29 30 10. Exceptional Child Education Pupil means a pupil covered under the provisions 31 of IDEA – Individuals with Disabilities Education Act as amended. 32 33 11. Seniority shall be computed from the first compensable day of employment as 34 a regular employee in the Jefferson County Public Schools following last break 35 in service; ties in seniority dates will be broken by the largest sum of the final 36 four digits of the employees’ Social Security numbers. 37 38 12. ARC means the Admissions/Release Committee. 39 40 13. Part-timers means any employee working less than a full duty day. 41 42 14. Vacancy means a position in the bargaining unit approved by the Board but not 43 having a teacher of record. 44 7 15. Teacher of Record means an individual in the bargaining unit who is filling a 1 position with a change form completed by Personnel to verify the same. 2 3 16. Overstaff means a condition where a teacher is involuntarily placed on the 4 transfer list. 5 6 17. Laid Off is a condition in which a teacher’s contract is suspended due to lack 7 of a teaching position. 8 9 18. Restricted Certification is a condition in which a teacher’s certificate is not 10 considered valid for teaching in the Jefferson County Public Schools due to 11 lack of adequate teaching positions in the certification area. The teacher would 12 be laid off in a restricted certification area if it were not for having a second 13 certification that allows a teacher to maintain a position with the Employer. 14 15 19. Least Restrictive Environment is that education setting or program in which the 16 identified child can function most effectively based upon his/her unique needs 17 and capabilities. 18 19 20. Resource Room is a special education class configuration in which a student 20 identified by an ARC may spend up to 50% of the student day. 21 22 21. Special Area Teacher is an elementary art, music, physical education or 23 computer teacher who is assigned to work in different building locations on 24 different days of the week. 25 26 22. Traveling Teacher means a teacher who works at different building locations 27 on the same day of the work week. 28 29 23. Certificated means possessing a certificate issued by the Commonwealth of 30 Kentucky. 31 32 24. School Centers shall mean a building(s) in which teachers are assigned to 33 supervise students. 34 35 25. Home School means where the employees report their time and attendance. 36 37 26. Level 1, 2 and 3 Schools are schools that the District identifies as needing 38 additional support. 39 40 27. Employee Resolution Agreement means an agreement between the Employer, 41 the Association, and one or more employees to resolve disciplinary, 42 assignment, payment or other employment issues involving the identified 43 employee(s), where no grievance has been filed. Such an agreement does not 44 10 distributed through the courier service or employee distribution boxes nor distributed in 1 any manner which would interfere with or interrupt normal school operations or posted in 2 any schools by the Parties or any of their agents. 3 4 The Association shall provide in advance to the office of the Superintendent or designee 5 four (4) copies and to the office of the Principal/administrator, or designee one (1) copy 6 of any material to be distributed or posted. 7 8 The Employer agrees to permit the Association access to the email system. The same 9 rules, as stipulated in the labor agreement that govern use of the school system’s courier 10 service by the Association, as well as the JCPS Net Employee Acceptable Use Policy, 11 shall apply. 12 13 The Association shall save the Employer harmless against any claims, legal or otherwise, 14 arising out of use of the Employer Courier Service or email system. 15 16 In compliance with this Article, the Association shall have the right to use the District’s 17 PONY or email system to provide information or advocate a position on matters of public 18 interest. 19 20 Section B The Association shall have the right to use schools for meetings at 21 reasonable times before or after the employees’ normal workday, scheduling such use in 22 advance with the Principal/administrator, or designee. Should special custodial services 23 be required or should there be any damage in excess of the normal wear the Employer 24 shall make a reasonable charge for such services or damage. The Association shall save 25 the Employer harmless against any claims, legal or otherwise, arising out of such use 26 provided the Association is given the opportunity to provide all necessary legal services 27 to defend such claims. 28 29 Section C Full-time staff employed by the Association, the Association President or 30 identified designee and Association building representatives exclusively shall have the 31 right to transact official legal Association business on school property at such reasonable 32 times as will not interfere with or interrupt normal school operations. The Association 33 shall provide the Superintendent or designee and each Principal/administrator, or 34 designee with a list of persons serving in these capacities and maintain its currency. The 35 list provided to each Principal/administrator, or designee need not contain the names of 36 building representatives for other schools. 37 38 Section D The Association building representative shall upon request be given time 39 prior to or after each faculty meeting for brief announcements. The school communication 40 system shall be made available according to procedures of the school for use by an 41 Association building representative to make brief announcements concerning 42 meetings. The building representative shall be provided a school roster showing the 43 names, addresses, and assignments of all employees. 44 11 Section E The Employer shall provide to the Association upon request a copy of the 1 official agenda in advance of Board meetings except for those items privileged by 2 law. The Employer shall make available for inspection to the Association upon request 3 any information available to the public. The Parties shall make available upon written 4 specific request to each other any statistics and records routinely compiled which are not 5 confidential which are relevant to negotiations or necessary for the proper administration 6 of the terms of this Agreement. 7 8 Section F The Employer agrees to deduct from the salaries of employees an amount 9 equal to the membership dues of the Association as said employees individually and 10 voluntarily authorize in writing the Employer to deduct and to transmit the monies to the 11 Association or its designated representative. The Association shall certify to the 12 Employer in writing the current and proper amount of its membership dues at least thirty 13 (30) days prior to the requested initial deduction. The deductions shall be made in twenty 14 (20) equal installments September through May. The Employer will authorize, as part of 15 the dues structure, .0016 of Step 0, Rank 1, per member per payroll deduction for the 16 payment of unified Association Membership. Dues will be deducted based on two (2) 17 rates only. 18 19 In the event that payroll dues deduction is prohibited by law, the Employer shall provide 20 to the Association the electronic funds routing information each payroll cycle for all 21 employees who have consented to membership in the Association. 22 23 Employees new to the school district will be provided with a JCTA membership form 24 through which they can actively opt into membership of JCTA. 25 26 The Employer will deduct specified dues from those individuals that have notified the 27 Employer in writing of their desire for membership as noted by their signature on the JCTA 28 membership form. The Employer will cease the deduction of dues upon notification by the 29 Association. JCTA will provide an electronic file which includes the JCPS employee 30 identification number if available to the JCPS Payroll department of all individuals who 31 have provided a signed membership form along with a copy of the form. 32 33 When said employee chooses membership, a copy of that form complete with hire date 34 and date of membership will be provided to the Association. 35 36 When amounts have been correctly deducted and remitted by the Employer the 37 Association shall save the Employer harmless against any claims, legal or otherwise, for 38 deduction of dues based on information furnished by the Association if the Association is 39 given the opportunity to provide all necessary legal services to defend such claims. 40 41 Section G The Principal/administrator, or designee of each school and the Association 42 building representative(s) shall meet upon request at least bimonthly to discuss 43 implementation of the provisions of this Agreement and other items of mutual concerns. 44 12 Section H The Superintendent and/or designee and the Association President and/or 1 designee shall meet at least bimonthly to discuss implementation of the provisions of this 2 Agreement and other items of mutual concern. 3 4 Section I The Employer shall provide the Association on the same schedule as 5 used for dues deduction transmittal, the following information electronically: 6 7 1. Employee’s name (last, first) 8 2. Dues deduction status 9 3. Employee’s Social Security number 10 4. Employee’s mailing address (including zip code) 11 5. Employee’s work location (where the employee reports their time and attendance) 12 6. Employees seniority date 13 7. Current valid certificates (up to 8 endorsements) 14 8. Race/sex code 15 9. Salary schedule placement (rank and step) 16 10. Career incentive increments 17 11. Extra Service Pay Schedule assignments 18 12. Employee’s home phone number(s) 19 20 The Association shall save the Employer harmless against any claims, legal or otherwise, 21 related to the providing of this information to the Association and its use of such 22 information. 23 24 Section J An employee shall be afforded an opportunity to have a representative of 25 the Association present in any conference which may lead to disciplinary action. 26 27 Section K The Employer shall make available upon written request by the Association 28 copies of each school building’s monthly budget report, activity fund, vending machine 29 funds, any athletic funds, and any and all other building accounts. The reports will be 30 provided electronically or hard copy at the District’s discretion. 31 32 Section L Any and all district-wide committees shall have Association 33 representation. All such Association representation shall be appointed by the President 34 of the Association. The Association shall be entitled to at least two (2) representatives 35 on committees and where a committee has three (3) or more subcommittees, the 36 Association shall be entitled to at least three (3) representatives. Should either party 37 object to an employee appointed by the other party, the parties shall meet and confer 38 prior to final appointment. 39 40 41 42 43 44 45 15 listed below even if the adopted policies conflict with these provisions. However, the 1 provisions of the Agreement that are listed below shall be enforceable and recognized as 2 binding throughout the District, except to the extent that a SBDM Council has taken lawful 3 actions at a specific school that are contrary to the provisions listed below. If the policies, 4 decisions or actions of a SBDM Council conflict with any provisions of the Agreement that 5 are not listed, those policies, decisions and actions shall not be enforceable or recognized 6 as valid: 7 8 Article 6 – Academic Freedom; Sections C and D 9 Article 11 – Teaching Load and Duty Hours; Sections A, B, C, D, E, F, H, K, and Q 10 Article 12 – Class Size; Sections A, B, C, E and F 11 Article 13 – Materials and Facilities; Sections A, B, C, E, F and H 12 Article 15 – Assignment; Preamble and Sections A, B, C and I 13 Article 23 – Team Leaders, Dept. Heads and Grade Group Leaders 14 Article 24 – Librarians; Section B 15 16 Section N The provisions of this Agreement apply to part-time employees, including 17 any retirees included in the bargaining unit, except Article 11 – Teaching Load and Duty 18 Hours, Article 15 – Assignment, Article 16 – Transfers, Article 26 – Leaves of Absence, 19 Section C (Emergency Leave) and Section D (Personal Leave), and Article 27 – Section 20 A (Compensation Schedules), Section B (Insurance), and Section C (Sick Leave Pay-Out 21 Upon Retirement). 22 23 Sick leave shall be prorated monthly or major fraction thereof and compensation shall be 24 prorated from the salary schedules in Article 27. 25 26 Section O Employees and administrators shall be treated in a professional manner at 27 all times. 28 29 Section P Employees shall not be required to transport parents. Employees will also 30 not be required to transport students unless it is a part of the regularly assigned duties. 31 32 Section Q Employees, except Resource Teachers, shall not be required to chair 33 ARC’s. 34 35 Section R Early Childhood classrooms shall be staffed according to the requirements 36 of the Commonwealth of Kentucky. 37 38 Section S All student records, when requested, shall be forwarded to the receiving 39 school within seven (7) days, if available. 40 41 Section T The Employer shall provide Safe Crisis Management training for any 42 employee requesting such training. 43 44 16 Section U If requested by an employee, employee votes shall be by secret ballot. 1 2 Section V Employees shall be free to join or not join the Association. No employee 3 shall be discriminated against by either the Employer or the Association because of 4 membership or non-membership in any organization. 5 6 Section W The Employer acknowledges that all Employees have a right to steps on 7 the salary schedule. 8 9 Section X Employer Provided Training 10 The District will make available all ongoing professional development and training 11 required by federal and state law and board policy. The District will make available 12 professional development relating to the seclusion and restraint of students, student 13 bullying prevention, restorative practices, and diversity training. 14 15 16 ARTICLE 6 – ACADEMIC FREEDOM 17 18 The Parties agree that academic freedom is an integral part of the attainment of education 19 goals of the school system. 20 21 Section A The Parties agree that young people should be educated in the democratic 22 tradition which fosters a recognition of individual freedom and social responsibility, 23 inspires meaningful awareness of and the respect for the Constitutions and Laws and 24 instills appreciation for the value of individual personality. It is recognized that these 25 values can best be transmitted in an atmosphere which is free from censorship and 26 artificial restraints upon free inquiry and learning, and in which academic freedom is 27 encouraged and enjoyed. 28 29 Section B In performing their teaching duties, employees shall strive to provide 30 students opportunity to investigate all facets, sides, and/or opinions of and about any and 31 all topics and materials introduced or presented including those which are or may be of a 32 controversial nature. Such material presented to students must be relevant to the course 33 and appropriate to the maturity level and intellectual ability of the students. Employees 34 shall permit the expression of the views and opinions of others and encourage each to 35 form individual views and opinions through such procedures. Employees shall at all times 36 strive to promote tolerance for the views and opinions of others and for the privilege of 37 individuals to form and hold differing views and opinions. 38 39 Section C The plan book and grade book used in the district shall be mutually agreed 40 upon between the parties of this Agreement. Individual employees and supervisors can 41 agree to use an alternate plan book and/or grade book. Lesson plan books may be used 42 as a collaborative tool between supervisor and teacher to enhance the quality and 43 delivery of instruction. Teachers may refer to other documents and materials (such as 44 17 curriculum guides, IEPs, 504 Plans or teacher guides) but are not required to copy them 1 into the lesson plan books. 2 3 The Employer and the Association mutually agree to use Infinite Campus or any 4 subsequent state adopted electronic grade and attendance software system provided by 5 the Employer. The Employer shall make available adequate and appropriate ongoing 6 professional development on the use of the electronic grade and attendance software 7 system. Online access to the electronic grade and attendance system will be provided 8 by the Employer. Employees shall be required to enter assignments with grades no more 9 than once every three (3) weeks. Teachers shall not be required to enter a specific 10 number of grades per grading period but may be required to enter all grades that will be 11 part of a student’s final grade once every three (3) weeks with the exception of teachers 12 who see students less frequently such as Special Area teachers who do not have graded 13 work for students during a three (3) week period. Multiple assignments may be combined 14 for grade entry purposes but all entered work must be clearly identifiable. 15 16 For middle school and high school teachers, if a student is exhibiting unsatisfactory 17 performance or is experiencing changes in performance, the parent/guardian must be 18 notified by the teacher at least one week prior to the end of the six (6) week grading cycle. 19 For elementary, if a student is not making satisfactory progress, the parent(s)/guardian(s) 20 must be notified, by phone or in writing, by the teacher at least two (2) weeks prior to the 21 end of the grading period 22 23 Employees shall be required to enter attendance once daily prior to the start of instruction 24 in elementary school locations, and by class period in middle and high school locations. 25 For middle and high school, attendance shall be turned in by the end of the class period. 26 In the event, the speed of onsite data transfer is not adequate for timely data entry, the 27 employer will allow for alternative methods for collecting onsite classroom date. 28 29 In addition, Teachers will make a record of phone calls, emails, and face-to-face 30 parent/teacher conferences and will submit this information to designated office personnel 31 for submission to the district information system(s) or teachers may enter this information 32 into the district information system(s). 33 34 Section D Employees shall be given four (4) days after the end of each grading period 35 to submit students’ grades except for the end of semester grades for students classified 36 as seniors which shall be due thirty-six (36) hours after the last final exam administered. 37 38 39 ARTICLE 7 – STUDENT DISCIPLINE 40 41 Section A The Parties agree to effectively carry out the Student Support and Behavior 42 Intervention Handbook and the Student Bill of Rights adopted by the Employer. The 43 Association shall be a party to any evaluations and necessary revision of this Handbook 44 that shall continue to provide for elementary, middle and high school needs. 45 20 3. Each observation shall be followed by an evaluator/evaluatee conference within 1 the first five (5) days the employee is at work following the observation 2 3 4. The evaluator shall identify the professional staff services and/or materials that the 4 employee may use to help correct the identified deficiencies. There shall be 5 identified at least one (1) professional staff person (who may be a staff person at 6 the teacher’s work site) who will not evaluate the employee, but who will be 7 available to assist/help a teacher on deficiency correct the identified deficiency 8 areas. 9 10 a. Once the Employer has identified the professional staff person to be 11 assigned, the employee on deficiency will have the option of waiving any 12 contractual right to assistance from the non-evaluative professional staff 13 person assigned. 14 15 b. The employee, the Association and the Employer will confirm in writing via 16 a mutually agreeable form that the required assistance has been offered 17 and/or the employee has waived their right to the assistance. This will occur 18 within the first ten (10) days after the notice of significant deficiency is 19 issued. Should the employee refuse to confirm the offer in writing, the 20 Employer will confirm the refusal in writing and provide the Association a 21 copy. 22 23 c. The Association and the Employer agree that the non-evaluative 24 professional staff person assigned to provide assistance will not provide any 25 testimony or evidence, before any arbitrator, concerning the teacher on 26 deficiency. However, the Employer may provide evidence of dates, times, 27 and description of assistance provided. 28 29 5. The Evaluator shall summarize the observations and conferences in writing and 30 provide a copy to the employee. 31 32 6. Intensive Support observations will only be included in the personnel file as a part 33 of the resulting summative evaluation. 34 35 7. An employee who has been placed in Intensive Support may appeal the 36 summative evaluation resulting from Intensive Support, but employment decisions 37 based on the Intensive Support process cannot be appealed to a LEAP. 38 39 40 41 42 43 44 21 Section C Exception 1 2 When a significant deficiency in work performance is recurring but does not lend itself to 3 30-minute observations, the evaluator shall note the deficiency in writing and hold a 4 conference with the employee to discuss the deficiency, identify professional staff 5 services and/or materials and to establish a specific timeline of no more than forty-five 6 (45) worked days for correcting the deficiency. Periodic conferences shall take place 7 within the specified time to assess progress towards correcting the deficiency. At the end 8 of the specified timeline, the evaluator shall write a summary of the conferences and 9 provide a copy to the employee. 10 11 Section D KTIP interns will be provided release time to observe other employees if 12 recommended by their KTIP committee. 13 14 Section E Non-Renewal 15 16 The Superintendent’s right of non-renewal will be exercised according to the following 17 terms and conditions: 18 19 1. Non-tenured teachers shall have a mid-year performance evaluation if the teacher 20 worked full time in the classroom at least two-thirds (2/3) of the period before the 21 Evaluation Deadline. This mid-year evaluation will replace one of the 22 observations/E-2 required by the current evaluation process. The mid-year 23 evaluation process will include: 24 25 a. Completion of a mid-year evaluation form including ratings and evidence for 26 the domains specified in the Certified Evaluation Plan; 27 28 b. A narrative section where specific recommendations for improvement will 29 be listed; and 30 31 c. A recitation of support services offered for areas of improvement noted 32 33 d. This E-2 may be delivered by certified mail. 34 35 2. When issuing a mid-year performance evaluation, the principal shall meet and 36 discuss the evaluation with the teacher. The evaluation will be placed in the 37 teacher’s personnel file after the teacher has had the opportunity to comment upon 38 the evaluation in writing [which must be received by the principal within twenty-one 39 (21) calendar days following receipt by the teacher of the evaluation] and said 40 comment, if timely received, shall also be included in the personnel file. 41 42 22 3. The performance evaluation will be provided to the teacher by February 15 unless 1 a teacher was hired on or after December 1 of the current school year in which 2 case the performance evaluation will be provided to the teacher by March 15. 3 4 4. Mid-year evaluations will only be done for teachers the principal believes could be 5 recommended for non-renewal based on performance. 6 7 5. The Parties agree that the Superintendent retains the right to non-renew the limited 8 contract of a teacher pursuant to KRS 161.750 and such right to non-renewal is 9 not impacted, abrogated or diminished by or subject to the Agreement between 10 the Employer and the Association. The Association will not arbitrate or litigate the 11 non-renewal of the limited contract of any teacher, or seek the re-employment of 12 a teacher who has been non-renewed as a remedy to any grievance or litigation, 13 except that the Association may file a grievance seeking renewal on behalf of a 14 non-renewed teacher if that teacher worked full time in the classroom at least two-15 thirds (2/3) of the period before the Evaluation Deadline and did not receive a mid-16 year performance evaluation prior to the deadlines specified in #3 above. The 17 subject of the grievance shall be expressly limited to whether the mid-year 18 performance evaluation was drafted and made available to the teacher by the 19 principal before the Evaluation Deadline. 20 21 6. The Parties agree that non-renewal based on employee misconduct/discipline is 22 not subject to the procedural requirements of Article 8 of the 23 Agreement. Employee misconduct/discipline that occurs during a contract term 24 may be grieved under Article 9 of the Agreement; however, the grievant may not 25 seek as a remedy in such grievance-arbitration process renewal of the contract. 26 27 7. The Employer will agree not to report to EPSB the non-renewal of a non-tenured 28 teacher’s contract for failure to meet local standards for quality of teaching 29 performance unless such a report is otherwise required by law. 30 31 8. In a non-tenured teacher’s fourth year, the Superintendent shall use the following 32 process prior to not renewing the teacher’s contract for performance reasons (and 33 thereby denying the teacher tenure): 34 35 a. If performance issues are noted that could lead to non-renewal, the teacher 36 shall be notified of the potential for non-renewal by March 1 and shall be 37 provided assistance, including but not limited to: 38 39 i. An evaluator shall observe the employee’s work performance a 40 minimum of two (2) 30-minute periods within a six-week period (30) 41 worked days) beginning with notification. For the employee not 42 assigned to a classroom, the evaluator must observe the work 43 25 3. Before administering discipline, the Employer did make an effort to discover 1 whether the employee did, in fact, violate a rule, regulation or order of 2 management. 3 4 4. The Employer’s investigation was conducted fairly and objectively. 5 6 5. The investigation produced substantial evidence or proof that the employee was 7 guilty as charged. 8 9 6. The District applied its rules, orders and penalties without discrimination. 10 11 7. The degree of discipline administered in the particular case reasonably related to: 12 13 a. The seriousness of the employee’s proven offense; and 14 15 b. The employee’s record of District service. 16 17 All information forming the basis for disciplinary action will be made available to the 18 employee. 19 20 Section B Any employee who is to be reprimanded in writing or formally disciplined by 21 the Employer or its agents shall have the right to a meeting with the 22 Superintendent/designee. A Representative of the Association may be present when 23 requested by the employee. Any employee who is to be reprimanded in writing shall have 24 the right to a meeting with the person issuing the written reprimand. 25 26 Section C Any complaint made against an employee which may be used in any 27 manner to adversely affect the employee shall be first promptly called to the attention of 28 the employee, or a District-level administrator if the complainant prefers (a complaint to a 29 District-level administrator should be made in writing). The employee must be afforded 30 an opportunity to answer the complaint and meet with the complainant (or the District-31 level administrator) within two (2) weeks of receipt of the complaint in order to clarify the 32 situation and/or resolve it informally. 33 34 In order for the complaint to be made a matter of record, the principal or appropriate 35 administrator must then discuss the matter in a conference with the employee absent the 36 complainant at which time the employee may have a representative of the Association 37 present. A written summary of the conference shall be made with a copy provided to the 38 employee who will have the opportunity to make a written response for inclusion in the 39 record. The written summary may then be used to support a reprimand, if appropriate, or 40 as a part of the next formal written evaluation. 41 42 Section D When a tenured employee is being terminated, the Association will meet 43 with the employee and notify the Employer of which alternative remedy of appeal will be 44 26 pursued. The employee may select either the tribunal process provided for by statute or 1 the arbitration process provided for in this Agreement. If the employee selects the tribunal 2 process, the employee will notify the state of intent to appeal and thus waive the 3 contractual rights to arbitration under this Agreement. If the employee and the 4 Association opt to use the grievance-arbitration procedure, the employee waives the right 5 to a tribunal. If the employee opts to pursue a complaint using another agency, or in court, 6 the Parties will move forward with the grievance but work collaboratively in regard to 7 scheduling to limit the amount of duplicated effort and the possibility of inconsistent results 8 until either the grievance or the complaint is resolved. 9 10 Both parties understand that by policy of the Employer and related administrative 11 procedures, after due process, the following types of misconduct may cause immediate 12 discharge without prior discipline (the following are examples only, other matters may, 13 depending on the specific details of the occurrence, also warrant discharge without prior 14 discipline): 15 16 1. Theft of Employer’s property, 17 18 2. Inappropriate and/or unlawful contact with a student, 19 20 3. Putting a student in serious jeopardy, 21 22 4. Immoral Conduct while on Employer property/duty hours, 23 24 5. Insubordination, 25 26 6. Fighting on Employer’s property or during duty hours, 27 28 7. Failure to report an accident, 29 30 8. Willful or negligent damage of Employer’s property, 31 32 9. Possession or use or being under the influence of narcotics, hallucinatory drugs or 33 alcohol on duty/on Employer’s property, 34 35 10. Carrying a deadly weapon in violation of the law, 36 37 11. Falsification of the Employer’s records and reports, 38 39 12. Refusal to submit to a reasonable suspicion drug or alcohol test, 40 41 13. Violations of the Kentucky Professional Code of Ethics as pertaining to KAR 1:020. 42 43 44 27 ARTICLE 10 – PERSONNEL FILES 1 2 Section A Contents 3 4 1. No documents except those listed below shall be placed in an employee’s 5 personnel file: 6 7 a. Certification/license, ranks under Foundation Program; 8 9 b. Change of Status forms, re-election forms, requests/approvals of leaves of 10 absence and correspondence relating to such requests; 11 12 c. Transcripts, official notifications from universities/colleges; 13 14 d. Applications, letters of application, verification of experience and training, 15 Retirement System membership application; 16 17 e. Résumé; 18 19 f. Contracts of employment, job offers, acceptance of job offers: 20 21 g. Confidential information (See Section A 3); 22 23 h. Evaluations (Including form E-2’s when “disciplinary ____ yes” box is 24 checked), complaints which have been made a matter of record, 25 reprimands, and commendations; 26 27 i. Previous employment data; 28 29 j. Professional staff data forms; and 30 31 k. Salary change information and rank position change documents. 32 33 2. An employee may within ten (10) days after receipt of an evaluation, complaint, or 34 discipline action file a written response to the document. The employee shall 35 provide a copy of the response to the originator of the evaluation or discipline 36 action and a copy to Personnel Services for attachment to the document. The 37 employee shall provide a copy of the response to a complaint to the Principal or 38 immediate Supervisor and a copy to Personnel Services for attachment to the 39 complaint. 40 41 3. All references and information originating outside the school system on the basis 42 of confidentiality, references and letters of recommendation obtained within the 43 system in the process of recommending the employee for employment or change 44 30 of two (2) weeks notice will be provided for any before or after school meeting exceeding 1 the one (1) hour per week meeting. 2 3 Section D Every reasonable effort will be made to schedule Open House as far in 4 advance as possible. There will be no mandatory faculty meetings during the week that 5 Open House is held. Attendance at all other meetings and all other duties beyond the 6 Employee’s normal duty hours shall be voluntary except for parent conferences which 7 shall be scheduled when possible to take place within normal duty hours. Mandatory 8 attendance at meetings, including ARCs, beyond the one (1) hour per week will be paid 9 at the hourly rate of pay except for one Open House per year, parent conferences, and 10 one (1) faculty meeting per calendar month not to exceed 90 minutes. 11 12 The appropriate forms for all teachers to complete and turn in to be paid for extra service 13 for mandatory meetings and/or making up their planning time after school shall be 14 available online on the Employer’s website. 15 16 Section E Employees in the senior high schools and middle schools shall not be 17 required to have more than three (3) teaching preparations concurrently during any one 18 major grading period. Student intervention/remediation for which no lesson plans are 19 required, shall not be considered a teaching period and any preparation shall not be 20 considered in the determination of this three (3) preparation maximum. 21 22 Principals/administrators or designee shall make every reasonable effort to keep to a 23 minimum the number of different courses taught per employee. 24 25 Section F Elementary teachers (primary program through grade 5) shall normally be 26 provided two hundred and fifty (250) minutes of preparation time per week for the school 27 year. 28 29 To the extent possible, planning time will be provided each day and will be balanced 30 throughout the week. The principal/administrator or designee will make efforts to 31 schedule planning time for special area teachers in increments of at least twenty-five (25) 32 minutes. 33 34 Section G All Employees shall have a duty-free lunch period of at least twenty (20) 35 minutes. 36 37 Section H The Parties recognize that a teacher’s primary responsibility is to teach. 38 The school day shall be organized toward ensuring that the energies of the teacher are 39 used primarily to this end. Every reasonable effort will be made to contain and reduce 40 non-instructional duties through the use of all available school resources. 41 42 31 Section I Employees shall not be required to give medication to students unless they 1 have been provided with specific written instructions and training where appropriate and 2 with signed notarized requests by parents or guardians. 3 4 Section J The Employer shall maintain a program to provide substitutes for teachers 5 when they are absent. This provision shall not apply to providing substitutes for Social 6 Workers, Reading and Math Resource Teachers, Special Instructional Assistants, 7 Speech and Hearing Impaired Teachers, Middle School and High School and special 8 school Librarians, Elementary Exceptional Child Education Resource Teachers, Federal 9 Program/Grant Award Teachers, and other such Employees. 10 11 When a teacher is not provided a substitute due to lack of availability, following approval 12 of the Substitute Teacher Center, volunteers will be sought to provide coverage of 13 classes. Employees will provide coverage only during planning time and will complete 14 their planning time at the end of the same school day at the work site. Employees shall 15 be paid their hourly rate for the extra assigned duties. 16 17 Section K Employees are to attend the faculty meeting at the school where they end 18 their day. If an employee works at multiple schools, his/her principals/designees may in 19 consultation with the teacher agree to an alternate arrangement to allow participation at 20 a different faculty meeting at another school to which the teacher is assigned. 21 Section L Every reasonable effort will be made to reduce paperwork. 22 23 Section M Elementary Special Area Teachers shall collaborate in the development of 24 their teaching schedule with the building teaching staff and the building principal. The 25 Special Area teaching schedule shall not be altered without involving the same 26 collaborative process. 27 28 Section N Special Area Elementary Art, Music, Physical Education and Computer 29 Teachers shall have no more than one (1) hall bulletin board assigned to them for 30 preparation per building assigned. 31 32 Section O Special Area Elementary Art, Music, Physical Education and Computer 33 Teachers shall have no more than one major and one minor exhibition in each school. It 34 is also the responsibility of the Special Area Teachers to work with regular teachers when 35 preparing other programs. 36 37 Section P Special Area/Traveling Teachers are to report their absence to the Principal 38 of the first school to which they are assigned on the days of the absence, and are to 39 request a substitute through the substitute center. All Principals are responsible for 40 reporting Special Area/Traveling Teachers’ absences daily to the home location for 41 payroll records. 42 43 32 Section Q If faculty meetings are used for professional development as planned by the 1 SBDM process, that time shall be counted as referred to in Article 11, Section C. 2 3 Section R Special Area Teachers of the hearing impaired shall have the right to stay 4 at a home school in their assigned region where they are already established, regardless 5 of the number of students that are currently enrolled at that school, subject to availability 6 of space, materials and equipment, principal and teacher acceptance, and region 7 changes. 8 9 Section S Special Area Teachers of the Vision Impaired shall have the right to stay at 10 a home school in their assigned region where they are already established, regardless of 11 the number of students that are currently enrolled at that school, subject to availability of 12 space, materials and equipment, Principal and teacher acceptance and region changes. 13 14 15 ARTICLE 12 – CLASS SIZE 16 17 Section A The Parties agree that the following are important factors in establishing 18 class size: 19 20 1. Range of pupil age and achievement levels; 21 22 2. Pupil enrollment in achievement levels and courses; 23 24 3. Exceptionality of pupils enrolled in regular classes; 25 26 4. Number of available usable pupil stations; 27 28 5. Appropriateness of the facility to the curriculum and methods of instruction to 29 be used; 30 31 6. Availability of equipment for adequate teaching demonstration and pupil use; 32 33 7. Conditions which affect the health, safety and supervision of pupils; 34 35 8. Other professional and paraprofessional staff and technology; 36 37 9. Financial resources of the District; and 38 39 10. Law and regulations. 40 41 Section B Pupil class size after the 20th pupil day from the beginning of the school 42 year will not exceed the standards set forth by the state in laws and regulations with 43 maximum limits established as follows unless the teacher agrees: 44 35 1 2 Specific Learning 3 Disability 4 Special Class 5 Primary – 6 10 Grade Range of Assigned School NA NA 6 Secondary 7 – 12 15 Grade Range of Assigned School NA NA 7 8 9 Resource Class 10 Primary – 5 15 Grade Range of Assigned School 8 4 grades 11 Grade 6 15 Grade Range of Assigned School 10 4 grades 12 Secondary 7 – 12 20 Grade Range of Assigned School 10 4 grades 13 14 15 Multiple Disabilities 16 Special Class 10 Grade Range of Assigned School NA NA 17 Resource Class 10 Grade Range of Assigned School 8 6 grades 18 19 Home/Hospital 20 Special Area Teacher 12 21 22 Hospital Instruction 15 23 24 25 5. “Collaboration” means, for purposes of determining a class size, a teacher of 26 exceptional children who works with children with disabilities in the regular 27 classroom to provide specially designed instruction and related services. If a 28 teacher of exceptional children provides services through the collaborative 29 model, the maximum caseload shall not exceed twenty (20) children with 30 disabilities for secondary, and fifteen (15) children with disabilities for primary. 31 When using the Collaborative Teaching Model, the Special Education Teacher 32 does not count as an additional teacher in the general education classroom for 33 the purpose of increasing the number of students in a given class. 34 35 6. The teacher pupil ratio for on-site state agency school programs serving state 36 agency children shall average no more than ten (10) students to one (1) teacher 37 without a classroom aide and fifteen (15) students to one (1) teacher with a 38 classroom aide. A classroom that exclusively serves students with the 39 educational disabilities shall comply with teacher pupil ratios for ECE 40 classrooms. 41 42 7. Children with disabilities that meet the definition of autism; deaf-blindness; 43 developmental delay for ages six (6), seven (7) and eight (8); and traumatic 44 brain injury shall be served in regular classes, special classes, or resource 45 classes as determined by the ARC. 46 47 36 8. If caseload for special classes or class size for resource classes exceeds the 1 maximum specified in this section for thirty (30) days, a LEA shall submit a 2 waiver request to the Kentucky Department of Education. 3 4 Section C The maximum limits for split grade classes shall be those established for 5 the lowest grade in class. 6 7 Section D The Parties agree that further reductions in pupil class size are desirable 8 and every reasonable effort will be made to make such reductions. 9 10 Section E Every reasonable effort will be made to keep the number and range of all 11 pupil instructional achievement levels to a minimum. 12 13 Section F Optimum consideration shall be given to the number of exceptional child 14 education pupils mainstreamed into regular classes in determining class size and 15 balancing workload. 16 17 Section G The Parties agree that Section B will be automatically re-opened for 18 negotiations within twelve (12) days following action to change by law or regulations any 19 class size maximum limits as of the effective date of this Agreement when such changes 20 are different from the limitations specified therein and that such negotiations will be limited 21 to the affected changes within that section. 22 23 Section H If it becomes necessary to exceed maximum class size, the involved 24 teacher will have the following alternatives: 25 1. Compensation – Teachers will receives one-twelfth (1/12) of 10% of the daily 26 rate for Step 0, Rank III per day above their regular daily compensation for each 27 thirty (30) minutes or major fraction thereof [sixteen (16) minutes] for each 28 student that exceeds their maximum class size after the 20th pupil day from the 29 start of the school year; OR 30 31 2. Instructional Assistance – Teachers will receive a fulltime instructional assistant 32 for the period of time following the 20th pupil day that their class size exceeds 33 the maximum. If the class exceeds the maximum by three (3) students or more, 34 the teacher will receive two (2) full time instructional assistants for the period of 35 time following the 20th pupil day that their class size exceeds the maximum. 36 37 38 ARTICLE 13 – MATERIALS AND FACILITIES 39 40 Section A The Parties recognize that optimum school facilities for both students and 41 employees are desirable to enhance a high quality of education. Appropriate texts, library 42 reference materials, maps and globes, laboratory equipment, audio-visual equipment, art 43 supplies, physical education equipment, current periodicals, lesson plan books, standard 44 37 tests and questionnaires, telephones, computers and computer networks and similar 1 materials are the tools of the teaching profession. 2 3 Section B Employees shall be provided with materials and facilities for lesson 4 preparations and other assigned duties. The Employer shall provide for employees the 5 following: 6 7 1. Access to duplicating services for the preparation of instructional materials; 8 9 2. White boards, fans, file cabinets and bulletin boards where applicable; 10 (The District and the Association will create a plan to provide whiteboards where 11 desired based upon available funding.) 12 13 3. Curriculum guides and desk copies of textbooks and workbooks required for 14 classes which will remain the property of the Employer and shall be returned; 15 however, desk copies of state adopted textbooks shall be in the form of teaching 16 manuals; 17 18 4. Classrooms or workspace as defined and approved according to state regulations; 19 20 5. Record books, lesson plan books, paper supplies, erasers and other such supplies 21 and materials required by the Employer in daily teaching responsibilities including 22 materials for art, music, physical education and computer in the elementary 23 schools; 24 25 6. Restrooms; 26 27 7. Custodial care and maintenance; 28 29 8. A telephone in each standard classroom; 30 31 9. Restoration of teaching areas damaged by vandalism or other causes; 32 33 10. Internet access; 34 35 11. Access to electronic mail service; and 36 37 12. Lockable storage space. 38 39 Section C The Employer will make every reasonable effort to provide for Employees: 40 41 1. Lockable desk where applicable; 42 43 2. Lounges for which they will be expected to exercise reasonable care; 44 40 Employees must have a valid Kentucky teaching license to satisfy the program 1 needs. 2 3 2. Hiring priority will be given to regular day Employees who apply and then to 4 Employees on lay-off. Applications of all others will be considered thereafter. 5 6 3. Employees under regular contract will be employed on extra service basis for the 7 Jefferson County High School and will be compensated according to the applicable 8 provisions of the collective bargaining agreement. 9 10 11 ARTICLE 16 – TRANSFERS 12 13 Section A General Procedures 14 15 1. On request, the Employer shall electronically provide the Association a list of 16 all known teaching vacancies that need staffing for the forthcoming school year. 17 Prior to any teaching vacancies being posted system-wide, Employees within 18 the schools affected shall have first consideration for said positions as per the 19 Assignment Article. 20 21 2. Employees desiring to transfer to another school shall electronically file a 22 request with Personnel Services between February 22 and March 22. Such 23 requests shall include the organizational level(s) and/or the area(s) for which 24 the Employee is certificated and desires to be assigned, the school(s) [a 25 maximum of five (5) in high school, middle school, elementary school, and 26 special schools] to which the employee desires to be transferred in order of 27 preference. An additional five (5) schools may be added to the list if they are 28 Level 2 and 3 schools. An Employee may list a professional frame of reference 29 on the transfer form. The professional frame of reference shall include only 30 one of the following options: 31 32 a) Any position for which the Employee is certified; 33 34 b) Only positions covered by specific area(s) of certification listed by the 35 Employee; 36 37 c) Primary only; 38 39 d) Intermediate only; 40 41 e) Instrumental Music only; or 42 43 f) Vocal Music only. 44 41 1 3. Employees requesting transfers will be ranked on a list according to their 2 seniority in the Jefferson County Public Schools. Employees must re-submit 3 requests each year by March 22 in order to remain on the transfer list. 4 5 4. Any Employee who is designated as overstaff or who is returning from leave of 6 absence for which a specific position is not being reserved shall be notified by 7 the Employer of the need to submit a request to be placed in the proper ranking 8 on the transfer list. 9 10 5. If a position is not available within the professional frame of reference, the 11 Employee will not be voluntarily transferred. A transferred Employee will be 12 assured an assignment within the professional frame of reference for one year 13 unless there are changes in the classroom configuration, student enrollment, 14 or teacher allocations at the school center in which case, Article 15 - 15 Assignment shall be implemented. 16 17 6. At the time the transfer is processed, the highest preference available will be 18 granted to the Employee. The processing of a transfer removes an Employee 19 from the transfer list. 20 21 7. Transfers will be granted and vacancies staffed from the transfer list according 22 to the needs of the educational program, certification, seniority, employee 23 preference, state laws and court orders. 24 25 8. An Employee requesting a transfer must accept the transfer made prior to the 26 opening of school unless the Employee has previously notified in writing the 27 appropriate administrator in Personnel Services of a desire to withdraw the 28 request. 29 30 9. The Association will be provided a transfer list by March 23rd of each school 31 year. The list shall include the Employee’s name, seniority date, race, transfer 32 status and assignment schools requested. 33 34 10. Every reasonable effort will be made to determine programs, including federal 35 programs, and identify the locations to which they are assigned as early as 36 practicable so that Employees may take this information into account as they 37 exercise their transfer rights. 38 39 11. A voluntary transfer is not available to a teacher on intensive support 40 evaluation. 41 42 Section B Teacher Transfer Selection 43 44 42 1. By March 23rd of each school year, bargaining unit members shall elect by 1 secret ballot three (3) representatives to serve with the Principal on the Teacher 2 Transfer Selection Committee. The election of this Committee shall be 3 conducted by the JCTA Professional Representative and the Principal at a 4 duly-called faculty meeting. 5 6 2. The Teacher Transfer Selection Committee shall receive from Personnel 7 Services the names of the eight (8) most senior teachers requesting a transfer 8 and agreeing to interview at that school. The Committee shall interview up to 9 eight (8) teachers seeking the transfer and based on those interviews shall 10 select, by majority vote, the teacher to be offered the transfer. The Committee 11 shall interview each teacher on the list provided by Personnel Services in 12 seniority order until the Committee offers the transfer to an interviewed teacher. 13 Should the teacher offered the transfer decline, the Committee may resume 14 interviews and may offer the position to one of the remaining interviewed 15 applicants. The Teacher Transfer Selection Committee shall comply with all 16 applicable state and federal statutes in their selection process. 17 18 3. If there are fewer than four (4) employees seeking transfer to a particular 19 position, the Employer may interview as many candidates, including new hires, 20 for employment as needed to allow for at least four (4) interviews. The 21 Employer may also interview involuntary transfer candidates not on the 22 school’s list, but in no case shall the total number of interviews exceed eight 23 (8). 24 25 4. A teacher declining an interview or a transfer offer from their voluntary list of 26 transfer choices will have their voluntarily list destroyed and will be removed 27 from the transfer list if their transfer is a voluntary choice only. 28 29 5. The Employer reserves the right, in compliance with the JCBE/JCTA 30 Agreement, to veto the Teacher Transfer Selection Committee’s decision 31 should there be certified staff under contract that would remain surplus if not 32 assigned. 33 34 6. Schools utilizing the Teacher Transfer Selection process will have from March 35 30th of the current school year until March 21st of the following school year to 36 make their selections in accordance with the above procedures. 37 38 7. Beginning June 1st, overstaffed teachers will be placed from the overstaff list 39 according to the needs of the educational program, certification, seniority, 40 employee preference, state laws, and court orders. Upon placement of all 41 overstaffed employees, the Employer will notify the Association. 42 43 45 Section F The Employer could Section E a coach into a building. 1 2 A coach transferred into a building to accept a coaching responsibility would be subject 3 to being overstaffed to create a new vacancy for a newly assigned coach when the 4 employee is no longer coaching. 5 6 Coach for this provision means head football, head basketball and athletic director. 7 8 9 ARTICLE 17 – PROMOTIONS 10 11 The Parties recognize that assignments to promotional positions must be consistent with 12 and conform to state and federal laws and regulations, court orders and affirmative action 13 programs. 14 15 Section A Promotional and/or administrative positions are defined as regular positions 16 in the organization approved by the Board and paid at a higher rate than the teachers’ 17 salary schedule and/or for which a certificate in administration and/or supervision may be 18 required. 19 20 Section B Promotional and/or administrative positions will be advertised. General 21 qualifications, range of compensation, and performance responsibilities will be included 22 in the online posting for available positions. 23 24 Section C Employees desiring to be considered for promotional positions shall submit 25 to Human Resources such applications, transcripts, evidence of professional experience, 26 references and resumes as may be required. Human Resources shall acknowledge in 27 writing the receipt of all such applications. 28 29 Section D All qualified employees shall be provided an opportunity to make an 30 application for administrative positions. Consideration shall be given to the applicant’s 31 general qualifications according to the requirements of the position. 32 33 Section E Applicants for a specific position who are not appointed by the 34 Superintendent will be notified. 35 36 37 ARTICLE 18 – LAYOFF/RECALL 38 39 Any layoff in teaching staff shall conform to this article and federal and state laws and 40 regulations and court orders. 41 42 Section A The following procedures shall apply to layoff: 43 44 46 1. The Superintendent/designee will meet with representatives of the Association to 1 discuss the need for the layoff and the approximate number of possible positions 2 prior to the individual personnel agenda notification to the Board. 3 4 2. The Employer shall suspend the contracts of the least senior teachers in the 5 teaching fields affected by the reduction when the reason is decreased enrollment 6 of pupils. 7 8 3. The contract of a teacher employee on continuing contract shall not be suspended 9 until all contracts of teacher employees on limited contracts in fields affected by 10 the layoff have been suspended. No less senior person shall be allowed to remain 11 in a teaching position for which a more senior person is subject to layoff. The less 12 senior person shall have certification restricted for use in this District until all more 13 senior employees in the certification area have been recalled. 14 Section B The assignments of employees whose contracts are not suspended shall 15 be restricted to teaching fields in which the reduction is not sufficient to cause suspension 16 of their contracts except for a minor portion of their duty time for good cause. 17 18 Section C Employees on layoff shall have the right of recall in order of seniority to 19 vacant positions in the representation unit for which they are qualified or become qualified 20 before these positions are staffed by new applicants. Continuing contract teacher 21 employees shall be recalled prior to limited contract teacher employees. 22 23 Section D Employees on layoff: (1) will initially be offered recall to any assignment for 24 which they are certificated (fulfills legal obligations and removes from unemployment), (2) 25 will be allowed to decline recall to assignment outside their professional frame of 26 reference which they have previously designated, and (3) will, after the first contact, be 27 offered recall only to assignments within their professional frame of reference. 28 29 Section E Employees on layoff shall have the option at their expense to remain active 30 participants in all Employer and State paid insurance benefit programs to the extent they 31 are available to the employees from the carriers. 32 33 Section F Employees on layoff may apply for employment as substitute teachers and 34 shall be selected before other substitute teacher applicants are employed. 35 36 Section G Employees will be credited with unused accumulated sick leave and placed 37 on the proper rank and step of the salary schedule upon return to active employment. 38 They will not receive salary increment credit for non-active employment time nor will such 39 time count toward acquiring continuing contract status. 40 41 Section H The Employer will provide to the Association upon request the employees’ 42 names, certification if in the computers, seniority dates and work locations for all 43 employees with less seniority than the most senior employees affected by the layoff. 44 47 1 Section I The Parties agree that every reasonable effort shall be made to acquire and 2 use the most current data and information to establish accurate staffing projections as 3 soon as possible for making layoff decisions in order to avoid retaining less senior 4 employees during layoff. 5 6 7 ARTICLE 19 - INSERVICE/PROFESSIONAL DEVELOPMENT 8 9 Section A The parties agree that employees should use the resources available 10 through the school system’s staff development efforts, the curriculum center, school and 11 central office professional libraries, college and university sponsored training programs, 12 seminars, workshops and professional publications. 13 14 Section B The Parties agree that continued accreditation by the AdvancED may be 15 desirable. During AdvancED evaluations employees will carry out assigned 16 responsibilities as they pertain to accreditation procedures. The employees’ 17 responsibilities shall be assigned as nearly equally among them as practicable. 18 19 Section C The Employer will pay salary or stipend, and expenses to employees 20 participating on an optional basis in courses, workshops, seminars, conferences, in-21 service training and other such programs which employees are requested to take by the 22 Employer to the extent provided under federal and other externally and internally funded 23 programs. 24 25 Section D The Employer will pay full salary to employees participating in workshops, 26 seminars, conferences, in-service training and other such programs where employees 27 are required by the Employer to participate. A teacher cannot receive both professional 28 development credit and compensation for attending courses, workshops, seminars, 29 conferences, in-service training and other such programs. 30 31 Section E Employees who complete six (6) clock hours of school system-approved in-32 service credit shall be entitled to have one (1) flexible in-service day off. Employees not 33 completing the minimum six (6) hours credit shall report to the assigned location on the 34 flexible in-service day. Any State mandated in-service requirement that employees are 35 notified of prior to June 1 of each year will be fulfilled using flexible in-service time. 36 37 Section F The Employer shall establish a procedure for the purpose of receiving 38 employees’ suggestions in professional development training programs. The procedure 39 shall include a provision for a meeting with JCTA representatives. Professional 40 development activities left to the discretion of the local schools shall be designed and 41 planned after the employees at the schools have been provided with an opportunity to 42 make suggestions and volunteer for participation in the planning. 43 44 45 50 1 Section D Those employed in the Summer School may use up to two (2) days of sick 2 leave accumulated as of the end of their preceding contract year. Those employed in 3 Extended School Services where the program is conducted as an extended school year, 4 and students are in attendance on a daily basis, a teacher working in a program of 1 to 5 29 days is eligible to utilize one (1) sick leave day. Those employed 30 days or more will 6 be eligible to utilize two (2) sick leave days. 7 8 Section E The articles on School Board Authority, Academic Freedom, Assistance in 9 Assault/Injury, Safety, Student Discipline, Employee Rights, Employee Discipline, and 10 Materials and Facilities shall apply to extended school services and tuition Summer 11 School. 12 13 Section F 14 15 1. Employees providing services under the Extended School Services of KERA shall 16 be paid their hourly rate. 17 18 2. Selection of employees for teaching responsibilities in the Extended School 19 Services program with KERA and summer school shall be by: 20 21 a. Employees of the school will be selected in accordance with Article 15, 22 Section A and B. 23 b. If the position is not filled by one of the above methods, the position will be 24 filled by the process outlined in Section B of this article. 25 26 Section G Employees requested to teach an additional period shall be paid their hourly 27 rate for the extra hour of assigned duties which shall be a planning period to be completed 28 at their work location. No employee shall be required to teach an additional period. 29 Employees shall be selected for this assignment using Article 15 of this Agreement. 30 31 32 ARTICLE 22 – SCHOOL CALENDAR 33 34 Section A The Parties agree that the Superintendent will appoint employees to serve 35 on the School Calendar Committee from among those nominated by the Association. 36 37 Section B The employee representatives on the Committee shall have the opportunity 38 to offer suggestions and make recommendations with respect to the development of the 39 annual School Calendar. 40 41 Section C The Superintendent’s recommendation to the Employer pertaining to the 42 annual adoption of the School Calendar will be provided to the Association at least two 43 weeks in advance of the recommendation. 44 51 1 Section D The School Calendar shall provide: 2 3 For the 2018-2019 School year, there will be 187 paid days, which will include: 4 5 4 paid holidays 6 4 in-service days of which at least three (3) will be flexible in-service days 7 2 Gold Days 8 1 opening day 9 1 closing day 10 11 For the 2019-2020 School year and beyond, there will be 187 paid days, which will 12 include: 13 14 4 paid holidays 15 4 in-service days of which at least two (2) will be flexible in-service days 16 2 Gold Days 17 1 opening day 18 1 closing day 19 20 One-half (1/2) of the opening and closing days shall be used solely for the purpose of the 21 employees opening and closing their assigned areas. 22 23 Half of each Gold Day at all grade levels shall be reserved for grade group, team, or 24 department meetings for purposes such as analyzing student work, reviewing portfolio 25 inventories, designing assessments, developing graphic organizers and other 26 instructional tools, developing unit assessments, and using Core Curriculum Guides for 27 grade group, team or department planning and lesson development, disaggregating 28 and/or monitoring student data and developing strategies to address the key findings, and 29 formulating grade group, team or department plans for applying lessons from the school’s 30 professional development sessions. 31 32 Two (2) parent-teacher conference days are added to the School Calendar as extended 33 employment. Teachers will be paid their normal per diem as defined in the Agreement 34 for participating in the scheduled parent-teacher conference days. Schools may alter the 35 normal scheduled workday start time in order to better accommodate parents. Schools 36 may schedule other functions in lieu of parent-teacher conferences. If parent-teacher 37 conference days are used for other purposes, then one-half (1/2) of each day at all grade 38 levels shall be reserved for grade group, team, or department meetings for purposes such 39 as analyzing student work, reviewing portfolio inventories, designing assessments, 40 developing graphic organizers and other instructional tools, developing unit assessments, 41 and using Core Curriculum Guides for grade group, team, or department planning and 42 lesson development, disaggregating and/or monitoring student data and developing 43 52 strategies to address the key findings, and formulating grade group, team or department 1 plans for applying lessons from the school’s professional development sessions. 2 3 A work day during the five (5) weekdays preceding the opening day of the School 4 Calendar may be an extended employment day for teachers. Teachers will be paid at 5 their normal per diem as defined in the Agreement for participating in the scheduled work 6 day. 7 8 General Election day will be designated as a non-work day for employees in the adopted 9 School Calendar. 10 11 When the start of the student school day is delayed by two or more hours, teachers will 12 operate on a delay of one hour less than the delay for students. 13 14 15 ARTICLE 23 – TEAM LEADERS, DEPARTMENT HEADS AND GRADE GROUP 16 CHAIRPERSONS 17 18 Team Leaders, Department Heads and Grade Group Chairpersons will be selected 19 annually by the principal/administrator, or designee in conjunction with the employees in 20 that department, team or grade group. 21 22 23 24 25 ARTICLE 24 – LIBRARIANS 26 27 Section A One librarian in each school shall be employed on a one hundred ninety 28 four (194) day calendar. When requested by the librarian and approved by the 29 principal/administrator, or designee, the extended time may be divided between the 30 opening and closing of school. The principal/administrator, or designee will schedule 31 days beyond 187 in consultation with the librarian. 32 33 Section B The librarian(s) shall collaborate with the building teaching staff and the 34 building principal in developing the library schedule. The library schedule shall not be 35 altered without involving the same collaborative process. The principal/administrator, or 36 designee will make efforts to schedule planning time for librarians in increments of at least 37 twenty-five (25) minutes. 38 39 Section C The employer shall strive to see that all school library media centers meet 40 guidelines of the AdvancED. 41 42 43 ARTICLE 25 – EXCEPTIONAL CHILD EDUCATION 44 55 1. A medical leave of absence shall be granted for a period of two (2) consecutive 1 school years and, upon subsequent request, may be renewed for two (2) additional 2 years. The written request shall be made to Personnel Services. 3 4 2. Whenever any employee has been advised by a physician or otherwise knows of 5 any interruption of assigned duties due to anticipated medical reasons and which 6 may reasonably be expected to last thirty (30) or more days, the employee shall 7 notify Personnel Services and upon request be granted a medical leave of absence 8 according to Section A 5 of this article. Such notice shall be given in writing and 9 accompanied by a physician’s statement setting out the anticipated date of 10 commencement of interruption of duties and whether the employee is to retain the 11 same assignment. 12 13 3. The employee shall notify the Employer as soon as possible of any change in the 14 return date. Said notice shall be accompanied by the written permission of the 15 physician. 16 17 4. The Employer will keep the employee’s assignment available upon resumption of 18 assigned duties provided: 19 20 a. Such assignment has not been eliminated during the employee’s absence 21 for any valid reason 22 23 b. The employee’s planned absence does not exceed ninety (90) days 24 25 c. An employee must return to work for a minimum of ten (10) days to re-start 26 the ninety (90) day count whether using paid or unpaid leave 27 28 5. Employees returning from a long-term leave of absence (an absence exceeding 29 90 days) will fill out the JCBE/JCTA agreed upon form “Release to Return from 30 Leave of Absence” and return the form to the District Leave Center (in person or 31 via fax) along with any medical documentation if applicable. 32 33 a. Upon receipt of the necessary information, the employee will be provided 34 with a “District Release” form that they will present to their administrator 35 upon their return to work (employees can request that this form be emailed 36 to them). 37 38 b. Employees returning from a long-term leave of absence are encouraged to 39 return the “Release to Return from Leave of Absence” form in person to the 40 District Leave Center but are not required to do so. 41 42 56 6. Employees who qualify for and are awarded workers compensation payments shall 1 be placed on medical leave with unused sick leave coordinated with the workers 2 compensation payments so as to sustain the level at a total of 100% regular wages. 3 4 The Employer shall save the Association harmless against any legal claims related 5 to the implementation of this section. 6 7 Section C Emergency Leave 8 9 For the purpose of the section “emergency” shall mean a sudden unexpected happening; 10 an unforeseen occasion or condition; a sudden or unexpected occasion for action. 11 12 1. Legitimate reasons for granting emergency leave with pay shall include: 13 14 a. Death or funeral of relative by blood or marriage (specify relationship) 15 16 b. Emergency situations resulting from natural disasters; i.e., tornado, flood 17 (specify exact reason) 18 19 c. Such other reasons of emergency or extraordinary nature as approved by 20 the Superintendent’s designee. (Letter of explanation required.) 21 22 2. All employees shall be credited with two (2) days of emergency leave per 23 year. Emergency leave will be credited on the initial day of employment and will 24 not accumulate from year to year. All emergency leave granted under this section 25 will be granted in units of full days. 26 27 28 Section D Personal Leave 29 30 1. All employees shall be credited with three (3) days of personal leave per year. The 31 use of these days shall be at the employee’s discretion. Unused personal leave 32 shall accumulate as sick leave. 33 34 2. Personal leave will be granted upon request to employees who give prior notice to 35 the principal or immediate supervisor by noon of the preceding day. 36 37 3. Personal leave days will not be granted for the last five (5) days of the school term 38 (student attendance days) except for the purpose of attending graduation 39 ceremonies for the employee, their spouse, children, step-children, foster children, 40 or grandchildren. A principal/administrator or designee may approve personal 41 leave during the last five (5) days for the purpose of attending graduation 42 ceremonies for other extended relatives by blood or marriage when sufficient proof 43 of the relationship and event is provided. 44 57 1 4. The principal or immediate supervisor may deny personal leave if the total requests 2 exceed 10% of the teaching staff for any one day. 3 4 5. Job share employees who have signed a Job Share Agreement with another 5 teacher and their principal to share one full-time job, will each receive 2 personal 6 days, at a rate of 3.5 hours per day. 7 8 6. Part-time teachers who work at least 50% (654.50 hours per year) of the full-time 9 teacher work year (1,309 hours per year) and are assigned to an approved working 10 calendar will receive 2 personal days, at a rate of 3.5 hours per day. 11 12 7. Part-time employees that work a 7-hour day described in #5 and #6 above will 13 receive 1 personal day. 14 15 8. Employees working at least 92 days will receive personal leave as defined in 16 numbers 6 and 7. 17 18 9. Part-time retirees are not eligible for personal leave. 19 20 Section E Adoption/Child Rearing Leave 21 22 1. An employee presenting the required evidence shall upon request to Personnel 23 Services be granted an unpaid leave of absence necessary to meet child adoption 24 requirements and for the purpose of rearing the preschool child(ren). 25 26 2. The Employer will keep the employee’s assignment available upon resumption of 27 assigned duties provided: 28 29 a. Such assignment has not been eliminated during the employee’s absence 30 for any valid reason; and 31 32 b. The employee has requested such leave at least four (4) weeks prior to the 33 anticipated date on which the leave is to commence; 34 35 c. The employee’s planned absence does not exceed ninety (90) days. 36 37 3. A single adoption/child rearing leave shall be granted for a period of no less than 38 thirty (30) days and no more than two (2) consecutive work years or major portions 39 thereof upon written request by the employee to Personnel Services. 40 41 Section F Professional Leave 42 43 60 determined by the Association. For this 187-day period, he/she shall be considered in an 1 active duty status and shall receive compensation and benefits in accordance with the 2 labor agreement. Should the Association elect to extend the President’s work year 3 beyond the 187 days, the Association will reimburse the Employer for any cost associated 4 with the extension. The Association may provide for additional benefits, such as sick 5 leave on a pro-rated basis, based on additional days worked by the JCTA President. The 6 Association will bear the cost of these additional days. The JCTA President will report 7 time for purposes of salary using the current mutually agreed upon forms and procedures 8 unless the Employer and the Association mutually agree to changes. 9 10 Upon petition by the Association by June 1 of the preceding school year, the Employer 11 will allow the duly elected Vice-President of the Association to be released from his/her 12 teaching duties for one-half (1/2) of each school day for the next school year. The parties 13 shall meet and plan how to minimize any adverse effect resulting from the Vice 14 President’s absence. During this time, he/she will work on areas/issues of mutual concern 15 related to the welfare of the students of Jefferson County Public Schools as determined 16 by the Association. For this 187-day period, he/she will be considered in an active duty 17 status and shall receive compensation and benefits in accordance with the labor 18 agreement. The Association will compensate the District for one-half (1/2) the salary and 19 benefits of the Vice-President. 20 21 Section L Association Leave 22 23 The Employer shall grant the Association an annual maximum of two hundred seventy 24 five (275) days. The Association shall request use of the days as needed at least five (5) 25 days in advance, except for extenuating circumstances, for attendance at regional, state 26 or national meetings for the conduct of necessary Association business. The allocation 27 of such paid Association leave days shall be determined by the Association except that 28 no employee shall use more than eight (8) days per school year. The Association may 29 authorize a maximum for five (5) employees to be exempt from the eight (8) day per year 30 limitation; however, in no case shall an employee utilize more than twenty (20) 31 Association leave days without mutual agreement of the Employer and the Association. 32 When an employee who is exempt from the eight (8) day limitation uses Association 33 leave, the Parties shall meet and plan how to minimize any adverse effect resulting from 34 the employee’s absence. This may include the use of substitute personnel serving as an 35 assistant for which the cost shall be reimbursed to the Employer by the Association. The 36 Association will reimburse the Employer for the cost of any substitute employee for these 37 leave days. 38 39 The Association will provide a minimum of three (3) days notice for association leave 40 requests for the Association Vice-President. 41 42 Section M Resumption of Benefits Following Leave 43 44 61 When the employee resumes service in the district following leave any unused 1 accumulated sick leave will be restored. Any employee granted a leave which affects the 2 continuation of benefits provided by the Employer shall assume responsibility for making 3 arrangements for continuation of said benefits during the term of said leave. The 4 Employer will provide assistance and information with the ultimate responsibility for all 5 notices remaining with the employee. 6 7 Section N Length of Consecutive Leaves of Absence 8 9 The Employer may deny Adoption/Child Rearing Leave, or Educational Leave when the 10 granting of such leave would result in an absence from duty for a period longer than two 11 (2) consecutive school years without at least one-half (1/2) intervening year of active 12 service as an employee. Time while an employee is on unpaid Education Leave serving 13 as a released full-time salaried officer of the Association or the Kentucky Education 14 Association or the National Education Association shall not apply under this section. 15 16 Section O Court Appearance Leave 17 18 Any employee who is summoned to a local, state, or federal court for reasons directly 19 connected with the employee’s employment shall be granted paid leave after properly 20 presenting the approved form certifying the court appearance. This section shall not 21 apply when the employee is a plaintiff or witness against the Employer or its agents, or 22 when the employee is a plaintiff in cases without Employer sanction. 23 24 Section P Notarizing Leave Affidavits 25 26 The principal will make arrangements for notarizing, without charge, the personal 27 affidavits of employees for leave where required. 28 29 Section Q “Substitute Status” 30 31 An employee who qualifies for professional leave or child rearing leave may instead 32 choose to go to “substitute status”. In this status an employee may serve as a substitute 33 teacher assigned through the Substitute Teacher Center office. An employee in this status 34 has the same rights and benefits, including representation, of a substitute teacher. If an 35 employee wishes to return to employee status, the employee has the same rights to return 36 to service as an employee on the above referenced leave of absence. 37 38 39 ARTICLE 27 – COMPENSATION SCHEDULES 40 41 Section A Salary Schedule 42 43 62 The Teacher Salary Schedule will be increased by .5% effective July 1, 2018. This 1 increase will be retroactive, but only employees who are active, full-time employees on 2 the date the Board of Education ratifies this Agreement shall be eligible to receive 3 retroactive pay. 4 5 The Teacher Salary Schedule will be increased by .5% effective July 1, 2019. 6 7 The Salary Schedule for subsequent years will be negotiated by the Employer and the 8 Association prior to the beginning of the 2020-21 fiscal year. 9 10 1. The increment for earned doctorate (Rank I +) in subject fields or areas approved 11 by the State Board of Education for certification purposes. 12 13 2. Employees paid on these schedules shall be paid on a 26-pay check 14 plan. Employees shall retain their right to receive summer checks at the beginning 15 of summer break. 16 17 3. One check per payroll period will be generated to include all monies due, including 18 but not limited to, regular compensation, ESS, parent/teacher conference day, 19 coaching, opening day, etc. Individual items will be listed/defined on the pay 20 stub/direct deposit advice. 21 22 4. Job Family III salary schedule includes teachers and other non-managerial, 23 professional employees who work directly with students. 24 25 5. Direct deposit to one account will be mandatory for all employees. The credit union 26 will remain as a payroll deduction. 27 28 Section B1 Insurance Benefits 29 30 1. Employee Health and Hospitalization insurance provided for by the 31 Commonwealth of Kentucky Employee Health Plan. 32 2. $20,000 term life insurance – when full premium paid by state. 33 34 3. Term life insurance equal to pay on the Teachers Salary Schedule, with maximum 35 payment of $50,000 – full premium paid by Employer. 36 37 4. Workers compensation insurance – full premium paid by Employer. 38 39 5. Long term disability income protection insurance – full premium paid by Employer. 40 41 6. Unemployment compensation insurance – full premium paid by Employer. 42 43 1 For regular full-time teachers working on limited or continuing contracts and other full-time employees. 65 1 Beginning with errors which are made after the effective date of this Agreement, recovery 2 of underpayments or overpayments of compensation of any type shall be no more than 3 the amount of the underpayment or overpayment that occurred during the school year in 4 which the error is discovered and the preceding five (5) school years. In the event a claim 5 is brought against the Association following an application of this Section, the Employer 6 shall hold the Association harmless as to the costs of resolving the claim provided the 7 Association contests the claim through to final resolution. 8 9 J O B F A M IL Y I ll S A L A R Y S C H E D U LE 20 18 - 1 9 S T E P R A N K II I R A N K I ll + 1 5 R A N K II R A N K I I+ 1 5 R A N K I D O C T O R A T E 0 42 ,9 14 .0 7 44 ,6 51 .0 7 48 ,7 00 .6 9 50 ,4 33 .5 4 54 ,4 81 .0 1 56 ,9 84 .7 0 1 43 ,6 87 .0 0 45 ,4 19 .8 1 49 ,4 69 .4 1 51 ,2 04 .3 8 55 ,2 49 .7 5 57 ,7 59 .7 7 2 44 ,4 59 .9 6 46 ,1 92 .8 1 50 ,2 40 .2 6 51 ,7 79 .8 7 56 ,0 24 .8 1 58 ,5 26 .3 8 3 45 ,2 24 .5 1 46 ,9 63 .6 5 51 ,0 09 .0 0 52 ,7 43 .9 9 56 ,7 91 .4 7 59 ,2 97 .2 7 4 47 ,9 29 .8 6 47 ,9 29 .8 6 53 ,0 19 .1 6 53 ,5 14 .8 6 58 ,1 00 .0 4 60 ,0 70 .2 0 5 48 ,7 00 .6 9 49 ,2 78 .2 8 53 ,3 23 .7 0 55 ,0 58 .6 5 59 ,1 06 .1 2 61 ,6 11 .9 2 6 49 ,8 58 .0 1 50 ,8 20 .0 0 54 ,8 65 .3 9 56 ,5 96 .1 3 60 ,6 45 .7 5 63 ,1 51 .4 9 7 50 ,6 24 .6 4 52 ,3 57 .4 9 56 ,4 07 .0 9 58 ,1 46 .2 3 62 ,1 87 .4 3 64 ,6 93 .2 3 8 52 ,1 68 .4 4 53 ,9 05 .5 4 57 ,9 50 .8 9 59 ,6 85 .8 2 63 ,7 31 .2 3 66 ,2 39 .1 4 9 53 ,7 05 .9 9 55 ,4 45 .0 9 59 ,4 90 .5 0 61 ,2 25 .4 5 65 ,2 72 .9 5 67 ,7 76 .6 4 10 55 ,2 49 .7 5 56 ,9 84 .7 0 61 ,0 32 .2 4 62 ,7 65 .0 4 66 ,8 10 .4 3 69 ,3 16 .2 6 11 58 ,3 37 .3 6 60 ,0 70 .2 0 64 ,1 17 .7 0 65 ,8 48 .4 6 69 ,9 02 .2 1 72 ,4 01 .7 3 12 59 ,8 76 .9 7 61 ,6 11 .9 2 65 ,6 59 .4 2 67 ,3 92 .2 8 , 71 ,4 41 .8 2 73 ,9 45 .5 2 13 61 ,4 18 .6 9 63 ,1 51 .4 9 67 ,1 96 .9 4 68 ,9 33 .9 6 72 ,9 81 .4 3 75 ,4 91 .4 5 14 62 ,9 60 .3 9 64 ,6 93 .2 3 68 ,7 42 .8 1 70 ,4 73 .5 5 74 ,5 23 .1 8 77 ,0 28 .9 7 15 64 ,4 99 .9 8 66 ,2 39 .1 4 70 ,2 86 .6 1 72 ,0 17 .3 5 76 ,0 62 .7 5 78 ,5 70 .6 3 16 67 ,5 87 .6 0 69 ,3 16 .2 6 73 ,3 70 .0 7 75 ,1 04 .9 8 79 ,1 50 .3 5 81 ,6 49 .8 8 17 69 ,9 02 .2 1 71 ,6 32 .9 9 75 ,6 76 .3 0 77 ,4 17 .5 0 81 ,4 62 .9 2 83 ,9 64 .5 3 18 69 ,9 02 .2 1 71 ,6 32 .9 9 75 ,6 76 .3 0 77 ,4 17 .5 0 81 ,4 62 .9 2 83 ,9 64 .5 3 19 69 ,9 02 .2 1 71 ,6 32 .9 9 75 ,6 76 .3 0 77 ,4 17 .5 0 81 ,4 62 .9 2 83 ,9 64 .5 3 20 71 ,4 41 .8 2 73 ,1 76 .8 0 77 ,2 22 .1 9 78 ,9 57 .0 8 83 ,0 04 .6 1 85 ,5 06 .2 2 21 71 ,4 41 .8 2 73 ,1 76 .8 0 77 ,2 22 .1 9 78 ,9 57 .0 8 83 ,0 04 .6 1 85 ,5 06 .2 2 22 71 ,4 41 .8 2 73 ,1 76 .8 0 77 ,2 22 .1 9 78 ,9 57 .0 8 83 ,0 04 .6 1 85 ,5 06 .2 2 23 71 ,4 41 .8 2 73 ,1 76 .8 0 77 ,2 22 .1 9 78 ,9 57 .0 8 83 ,0 04 .6 1 85 ,5 06 .2 2 24 71 ,4 41 .8 2 73 ,1 76 .8 0 77 ,2 22 .1 9 78 ,9 57 .0 8 83 ,0 04 .6 1 85 ,5 06 .2 2 25 72 ,5 94 .9 5 74 ,3 32 .0 1 78 ,3 77 .4 0 80 ,1 12 .3 5 84 ,1 57 .7 4 86 ,6 65 .6 5 T he 2 01 8- 20 19 t e a ch e r s a la ry s ch e d u le r e fle ct s an i nc re as e o f . 5% . A n n u a l s al ar y is b as ed o n a 1 87 d ay s, 7 h o u rs p e r da y w o rk y ea r. Ta bl e A E X TR A S E R V IC E ( co ac h in g ) P A Y S C H E D U LE 2 0 1 8 -2 0 1 9 1 .0 = . 1 0 8 8 x R an k Il l, S te p O (f o r a 1 8 7 d a y t e a c h e r sa la ry s ch ed u le ) R an k Il l, S te p O = $ 4 2 ,9 1 4 .0 7 ti m e s . 1 0 8 8 = $ 4 ,6 6 9 A th le ti c & R el at ed A ct iv it ie s in S en io r H ig h S ch o o ls T it le S te p 0 S te p 1 S te p 2 A th le ti c D ir e ct o r 1. 2 5, 60 3 1. 38 76 6, 47 9 1. 57 50 H ea d F o o tb a ll 1 .0 4, 66 9 1. 15 63 5, 39 9 1. 31 25 H ea d B as ke tb al l 1. 0 4, 66 9 1. 15 63 5, 39 9 1. 31 25 A ss t. F o o tb a ll (1 ,2 ) 0. 6 2, 80 1 0. 69 38 3, 23 9 0. 78 75 JV B as ke tb al l ( 1, 2) 0. 6 2, 80 1 0. 69 38 3, 23 9 0. 78 75 T ra ck ( 1) 0. 6 2, 80 1 0. 69 38 3, 23 9 0. 78 75 B as eb al l (2 ) 0. 6 2, 80 1 0. 69 38 3, 23 9 0. 78 75 S o ft b a ll (2 ) 0. 6 2, 80 1 0. 69 38 3, 23 9 0. 78 75 W re st lin g 0. 6 2, 80 1 0. 69 38 3, 23 9 0. 78 75 V o lle yb a ll 0. 6 2, 80 1 0. 69 38 3, 23 9 0. 78 75 C he er le ad er s 0. 6 2, 80 1 0. 69 38 3, 23 9 0. 78 75 JR O TC R ifl e T ea m 0. 6 2, 80 1 0. 69 38 3, 23 9 0. 78 75 S ch oo l T e ch n o lo g y C o o rd in a to r 0. 6 2, 80 1 0. 69 38 3, 23 9 0. 78 75 D ri ll C or ps 0. 5 2, 33 5 0. 57 82 2, 69 9 0. 65 63 C ro ss C o u n tr y (1 ,2 ) 0. 5 2, 33 5 0. 57 82 2, 69 9 0. 65 63 F ie ld H oc ke y (1 ,2 ) 0. 5 2, 33 5 0. 57 82 2, 69 9 0. 65 63 S oc ce r (1 ,2 ) 0. 5 2, 33 5 0. 57 82 2, 69 9 0. 65 63 T en ni s (1 ,2 ) 0. 5 2, 33 5 0. 57 82 2, 69 9 0. 65 63 JV V o lle yb a ll 0. 4 1, 86 8 0. 46 25 2, 16 0 0. 52 50 G o lf ( 1, 2) 0. 4 1, 86 8 0. 46 25 2, 16 0 0. 52 50 S w im m in g ( 1, 2) 0. 4 1, 86 8 0. 46 25 2, 16 0 0 .5 2 5 0 C he ss S po ns or 0. 4 1, 86 8 0. 46 25 2, 16 0 0. 52 50 R O TC D ri ll T ea m 0. 4 1, 86 8 0. 46 25 2, 16 0 0. 52 50 A ss t. W re st lin g ( 2) 0. 4 1, 86 8 0. 46 25 2, 16 0 0. 52 50 A ss t. F ie ld H oc ke y (2 ) 0. 4 1, 86 8 0. 46 25 2, 16 0 0. 52 50 A ss is ta nt T ra ck (1 ,2 ) 0. 3 1, 40 1 0. 34 69 1, 62 0 0. 39 38 A ss is ta nt S oc ce r (1 ,2 ) 0. 3 1, 40 1 0. 34 69 1, 62 0 0. 39 38 F re sh m an B as ke tb al l (1 ,2 ) 0. 3 1, 40 1 0. 34 69 1, 62 0 0. 39 38 F re sh m an F oo tb al l (1 ,2 ) 0. 3 1, 40 1 0. 34 69 1, 62 0 0. 39 38 B o w lin g 0. 1 4 6 7 0. 11 56 54 0 0. 13 13 E xt ra S er vi ce P ay S ch ed ul e 2 0 1 8 -2 0 1 9 P re pa re d 8 /1 /2 0 1 8 S te p 3 S te p 4 7, 35 4 1. 76 26 8, 22 9 1. 95 00 9, 10 5 6, 12 8 1. 46 88 6, 85 8 1. 62 50 7, 58 7 6, 12 8 1. 46 88 6, 85 8 1. 62 50 7, 58 7 3, 67 7 0. 88 13 4, 11 5 0. 97 50 4, 55 2 3 ,6 7 7 0. 88 13 4, 11 5 0. 97 50 4, 55 2 3, 67 7 0. 88 13 4, 11 5 0. 97 50 4, 55 2 3, 67 7 0. 88 13 4, 11 5 0. 97 50 4, 55 2 3, 67 7 0. 88 13 4, 11 5 0. 97 50 4, 55 2 3, 67 7 0. 88 13 4, 11 5 0. 97 50 4, 55 2 3, 67 7 0. 88 13 4, 11 5 0. 97 50 4, 55 2 3 ,6 7 7 0. 88 13 4, 11 5 0. 97 50 4, 55 2 3, 67 7 0. 88 13 4, 11 5 0. 97 50 4, 55 2 3, 67 7 0. 88 13 4, 11 5 0. 97 50 4, 55 2 3, 06 4 0. 73 44 3, 42 9 0. 81 25 3, 79 4 3, 06 4 0. 73 44 3, 42 9 0. 81 25 3, 79 4 3, 06 4 0. 73 44 3, 42 9 0. 81 25 3, 79 4 3, 06 4 0. 73 44 3, 42 9 0. 81 25 3, 79 4 3, 06 4 0. 73 44 3, 42 9 0. 81 25 3, 79 4 2, 45 1 0. 58 75 2, 74 3 0. 65 00 3, 03 5 2, 45 1 0. 58 75 2, 74 3 0. 65 00 3, 03 5 2, 45 1 0. 58 75 2, 74 3 0. 65 00 3, 03 5 2, 45 1 0. 58 75 2, 74 3 0. 65 00 3, 03 5 2, 45 1 0. 58 75 2, 74 3 0. 65 00 3, 03 5 2, 45 1 0. 58 75 2, 74 3 0. 65 00 3, 03 5 2, 45 1 0. 58 75 2, 74 3 0. 65 00 3, 03 5 1, 83 8 0. 44 06 2 ,0 5 7 0. 48 75 2, 27 6 1, 83 8 0. 44 06 2 ,0 5 7 0. 48 75 2, 27 6 1, 83 8 0. 44 06 2 ,0 5 7 0. 48 75 2, 27 6 1, 83 8 0. 44 06 2 ,0 5 7 0. 48 75 2, 27 6 61 3 0. 14 69 68 6 0. 16 25 75 9 P ag e 1 o f 3 Ta bl e B1 JCTA EXTRA SERVICE RATES 2018-2019 Teachers/ Librarians/ Resource Teachers - Job Family Ill Instruction (example: ESS) ......................................... Daily/Hourly Rate Substitute Shortage (make-up planning one hour after school) . . . . . . . . . . . . . Hourly Rate Mandatory Professional Development - Participation ..................... Hourly Rate Professional Development - Presentation .............................. Hourly Rate Professional Development - Participation* ............................. $21.3870 per hour Professional Development - Preparation* .............................. $21.3870 per hour (Up to 3 hours prep for each hour of presentation may be paid) Overcap (Class Size Overage) ...................................... $1.9124 per 1/2 hr per student (1/12 of 10% of the daily rate for Step 0, Rank Ill) New Teacher Induction ........................................... $18.9327 per hour (8.25% of the daily rate of Step 0, Rank Ill) Department Head (Middle & High School) 2+ teachers in department. ........ $125.00 per full-time teacher in department Team Leader/Grade Group Leader (Elementary School) .................. $125.00 per full-time teacher on team Cultural Contact ................................................. $250.00 per year Curriculum Preparation ............................................ $10.78 per hour Other Extra Service Duties (non-certified work, activity bus driver) ........... $10.00 per hour Transportation Support (monitor; driver, supervision) ..................... $15.00 per hour Tutoring for the following activities ................................... $15.00 per hour Aiding students in the completion of homework assignments and completing students' notes; Supervising study time; Providing classroom and resources for project completion (i.e supervision of science lab); Making up classroom activites missed because of absentees; Computer Curriculum Corporation (CCC); Study skills program; Tutoring centers; Supervising National Honor Student volunteers in peer tutoring; Supervising students in computer lab; One on one; Supervising students completing long term projects; and Student supervision for TEDS high school activities related to career pathways. *Professional Development Participation & Preparation rate is adjusted each year by the same percentage as the Extra Service (coaching) Pay Schedule. Table C 66 ARTICLE 28 - MISCELLANEOUS 1 2 Section A The Employer's procedure for placement of student teachers shall contain 3 a provision which provides teacher employees with an opportunity to request that student 4 teachers be placed with them. The Association will be involved with the development of 5 this provision in the procedure. 6 7 Section B The Employer will provide a mentoring program for new teachers on 8 emergency certificates or enrolled in District alternative certification programs. Services 9 will be provided by mentors who have participated in professional development related to 10 effective mentoring strategies/practices as well as current programs implemented in 11 schools. 12 13 Section C Mileage Reimbursement 14 15 Teachers who travel at the request of the Employer will receive mileage reimbursement 16 consistent with the Employer approved travel reimbursement guidelines. The employer 17 will provide adequate time to travel between schools. 18 19 Section D Any teacher who initiated the program outlined in this Section before July 20 1, 2018 may complete the program on the terms outlined below. Unless authorized and 21 funded by their particular school, no additional teachers may enroll in this program after 22 July 1, 2018. 23 24 If a teacher voluntarily opts to participate in the Bellarmine Literacy Project (BLP) training, 25 they will agree to stay at a BLP school [not limited to only one (1) BLP school] for three 26 (3) years beginning with the year immediately following the completion of the initial year 27 of BLP training. If a teacher voluntarily leaves the BLP school(s) or the District prior to 28 the completion of those three (3) years, they agree to repay the District for the cost of the 29 training that was paid by JCPS to Bellarmine University. The repayment shall be pro-30 rated based on the portion of the 3-year agreement that has not been met. 31 32 Any teacher who is assigned to or in any way required to obtain the BLP training will not 33 be held responsible for reimbursement of any funds expended for BLP training. The 34 provisions herein above shall not apply to any subsequent years of BLP training that a 35 teacher opts to obtain. 36 37 Section E If a teacher relocates their primary residence a distance of 100 miles or 38 greater in order to fulfill their employment duties with JCPS, JCPS will provide stipends 39 as follows: 40 41 1. A Teacher relocating between 100 and 200 miles will receive a $1000 stipend in 42 October of the given year and an additional $1000 in April of the given year. The 43 teacher must provide proof of relocation to receive these stipends. 44 67 2. A Teacher relocating more than 200 miles will receive a total of $4000 in two (2) 1 installments. The first installment will be paid within three (3) weeks of submission 2 of moving expenses in the amount of the submitted expenses and the balance of 3 the $4,000 will be paid at the end of the school year. 4 5 3. A Teacher relocating a distance of 100 miles or greater may receive only one of 6 the benefits outlined in numbers 1 or 2 of this Section and, after receiving one of 7 those benefits, will not be eligible for additional relocation stipends in the future for 8 any reason. 9 10 Section F The District will pay 60% of the cost for each of the four (4) NBCT 11 components upon proof of completion. Teachers who avail themselves of this 12 reimbursement will work four (4) years for the District. Participating teachers who 13 voluntarily leave prior to completion of four (4) years with the District will reimburse the 14 District on a prorated basis for their NBCT component training expense. 15 16 Section G For new experienced teachers hired by the District, JCPS will recognize up 17 to 20 years of service in high needs disciplines as determined on a yearly basis by mutual 18 agreement between the Association and the Employer. 19 20 21 ARTICLE 29 - GRIEVANCE PROCEDURE 22 23 Section A Definitions 24 25 1. Grievance means an allegation or complaint that there has been a violation, 26 misinterpretation or improper or arbitrary application of one or more specific 27 provisions of this Agreement. 28 29 2. Grievant means the person(s) or Association making the allegation or complaint. 30 31 3. Party-in-interest means the person(s) or Association making the allegation or 32 complaint or any party who might be required to take action or against whom action 33 might be taken in order to resolve the grievance. 34 35 4. Immediate Supervisor means – 36 37 a. The Principal/administrator, or designee; 38 39 b. The Principal/administrator, or designee with whom the grievance has been 40 filed when the employee is assigned to more than one location; or 41 42 c. The administrator by whom the employee is evaluated when the employee 43 is not assigned to an individual school location. 44 70 request for arbitration and the arbitrator shall issue the decision within a reasonable time 1 but no later than sixty (60) days after the date of the close of the final hearing. If the 2 Parties mutually agree, hearings may be waived and the arbitrator’s decision made on 3 the basis of final statements and evidence submitted to the arbitrator. The Employer and 4 the Association agree to select hearing dates from those presented by the arbitrator and 5 not cancel hearings once scheduled, except in extraordinary circumstances, such as the 6 unavailability of witnesses or emergencies. 7 8 The arbitrator shall be without power or authority to alter, amend or modify any of the 9 terms of this Agreement or to make any decision which requires the commission of an act 10 prohibited by law or which is violative of the terms of this Agreement. The decision of the 11 arbitrator will be submitted in writing and shall set forth findings of fact and conclusions to 12 the Parties and will be binding on the Parties, unless rejected by a four-fifths (4/5) vote of 13 the seven (7) members of the Jefferson County Board of Education voting at a public 14 meeting to be held within fifteen (15) days. Prior to the Board voting the Association shall 15 have the right to have a representative appear and present the Association’s position. 16 The costs for the services of the arbitrator, including per diem expenses if any, travel and 17 subsistence expenses and the cost of any hearing room will be borne equally by the 18 Parties. All other costs will be borne by the party incurring them. 19 20 Section E Grievances Filed at Level Above Immediate Supervisor 21 22 If grievances arise from action or inaction on the part of an administrator at a level above 23 the immediate supervisor the grievant may file such grievance in writing at Level II after 24 first attempting to resolve it informally. If the grievance is not resolved it shall be 25 processed through the applicable steps of Section D. The Association may process such 26 a grievance through all levels of the procedure. 27 28 Section F Grievance Meetings and Hearings 29 30 All meetings and hearings provided for by this Grievance Procedure shall be held in 31 private and shall include only such parties in interest, their representative(s), and 32 witnesses as necessary. 33 34 Section G Grievance Records 35 36 All official records of processing a grievance shall be filed separately from the personnel 37 file of the grievant. 38 39 Section H Grievance Forms 40 41 Grievance forms and other necessary documents will be prepared jointly by the 42 Superintendent/designee and the Association. The Association shall have the 43 71 responsibility for appropriate distribution of the forms for filing grievances. The costs of 1 grievance forms will be borne by the Employer. 2 3 Section I Miscellaneous 4 5 1. The Employer and the Association shall make available upon written specific 6 request to the other such information as is necessary to effectively process 7 grievances. 8 9 2. Neither the Employer nor the Association shall assert or submit any ground or 10 evidence before a grievance arbitrator which has not been previously disclosed to 11 the other party. 12 13 3. The Association and the aggrieved should exhaust this Grievance Procedure 14 including arbitration before seeking alternative remedies, provided that by doing 15 so they will not be deemed to have waived or otherwise prejudiced any 16 constitutional, statutory, or other legal rights that they may have. If another action 17 or proceeding overlaps with a pending Grievance Procedure, matters will be 18 addressed in compliance with Article 9, Section D. 19 20 4. If in the judgment of the Association a grievance affects a group or class of 21 employees, the Association may initiate and submit such a grievance in 22 writing. When such a grievance arises outside of a building the Association will 23 attempt to resolve it informally before processing it through the applicable steps of 24 Section D, starting at Level II. The Association may process such a grievance 25 through all levels of the procedure. 26 27 5. When it is necessary for the aggrieved party, a Grievance Representative and/or 28 other representative designated by the Association to participate in a mutually 29 scheduled grievance meeting or hearing during the school day, the party will, upon 30 notice to the principal or appropriate administrator by the Association be released 31 without loss of pay as necessary in order to permit participation in the 32 meeting. Any employee whose appearance is necessary in such meetings or 33 hearings as a witness will be accorded the same right. 34 35 6. Decisions rendered at Levels I C and II of the Grievance Procedure will be in 36 writing, setting forth the decision and the reason therefore and will be transmitted 37 promptly to all parties-in-interest and to the Association. Decisions rendered at 38 Level III will be in accordance with the procedure set forth in Section D, Level III. 39 40 7. The parties agree that Evaluation Form E-2 when “disciplinary: ______ yes” box is 41 not checked, the E-2 will not be placed in the teacher’s personnel file and shall not 42 be grievable, except to the extent that it is incorporated or referenced in 43 72 subsequent disciplinary action or summative evaluation that is grievable under the 1 just cause provisions of Article 9. 2 3 4 ARTICLE 30 – CERTIFIED EARLY CHILDHOOD TEACHERS/EARLY CHILDHOOD 5 INSTRUCTIONAL COACHES 6 7 Section A The provisions included in this article will take precedence over any other 8 provisions found in the Agreement addressing the same or similar issues. 9 10 Section B 11 12 1. The normal duty hours of certified early childhood teachers and early childhood 13 instructional coaches shall not exceed seven and one-half (7.5) hours in length 14 including a 20-minute duty-free lunch period. Those employees subject to a seven 15 and one half hour (7.5) work day will be compensated at their hourly rate of pay 16 for any additional time worked in excess of the seven and one half hours (7.5) The 17 hourly rate of pay for an employee subject to a seven and one half hour (7.5) work 18 day shall equal their daily rate divided by seven (7). 19 20 2. Certified early childhood teachers shall normally be provided two hundred fifty 21 (250) minutes of duty free preparation time per week for the school year. 22 23 3. Class size maximum shall comply with state law and regulations. 24 25 4. In addition to a certified early childhood teacher, each classroom will be staffed 26 with at least one (1) instructional assistant. Substitutes for instructional assistants 27 will be provided when available to ensure appropriate staffing within the classroom. 28 29 5. If a certified early childhood teacher or early childhood instructional coach is 30 required to work beyond the normal duty hours, compensation will be determined 31 according to Article 27, Compensation Schedules. 32 33 6. Certified early childhood teachers will be observed and evaluated by the immediate 34 supervisor or building administrator. 35 36 7. All early childhood teachers and early childhood instructional coaches will be 37 provided access to a computer, internet, and other appropriate technology when 38 and where available. 39 40 8. Certified early childhood teachers and early childhood instructional coaches will be 41 provided the opportunity to participate in professional 42 development. Reimbursement for expenses will be subject to the Board approved 43 Jefferson County Public Schools Travel Guidelines. 44 75 11. Job sharing teachers will be credited with one-half (.5) sick leave days per month 1 and will be deducted on the basis of .5 days for each absence. 2 3 12. Certification renewal is the responsibility of the teacher and information from the 4 state certification agency will be provided to each teacher participating in the 5 program. 6 7 13. Any teacher participating in the shared-time program who desires to return to full 8 time employment must submit such a request in writing to Personnel Services. 9 10 14. When returning to full-time employment, a part-time/shared-time teacher will be 11 placed on the transfer list in order of his/her seniority date and a school assignment 12 will be made in accordance with the transfer provisions of the Agreement. 13 14 15. For purposes of these procedures, participation in the job sharing program shall 15 not be considered a break in service when determining the seniority date of the job 16 sharing program participant. 17 18 16. The seniority date of the most senior teacher in a job sharing position will be 19 considered the seniority date of the team. A principal will use this date, applicable 20 only if a job sharing position is renewed, when making overstaff decisions. 21 22 17. When a job sharing position is dissolved or not renewed, the teacher who initially 23 occupied the position has the first right to that full-time position. If neither teacher 24 held the initial position, the most senior member of the job sharing team has first 25 rights to the position. 26 27 18. Job sharing teachers are subject to suspension of contract during staff reductions 28 and have recall rights to positions for which they are or become qualified. 29 30 19. The job performance of each participant will be evaluated annually by the principal. 31 32 20. The participants, the principal and appropriate instructional staff, will evaluate the 33 effectiveness of the program annually in writing. 34 35 36 ARTICLE 32 – SPEECH AND LANGUAGE PATHOLOGISTS 37 38 A joint Committee consisting of five (5) Speech and Language Pathologists appointed by 39 the Association, two (2) Speech and Language Pathologists appointed by the Employer, 40 and three (3) administrators appointed by the Superintendent will determine the school 41 pairings for Speech and Language Pathologists. The Committee will meet in March to 42 determine the pairings for the coming school year based on the needs of the individual 43 schools and the caseloads of Speech and Language Pathologists. 44 76 Speech and Language Pathologists will be provided with travel time between schools not 1 including their lunch. 2 3 Section A Transfer Process 4 5 1. By April 25th of each school year, bargaining unit members shall elect by secret 6 ballot three (3) representatives as well as three (3) alternates to serve with the 7 Communication Disorders Program Specialist on the SLP Transfer Selection 8 Committee. The election of this committee shall be conducted by the JCTA SLP 9 Caucus. 10 11 2. The SLP Transfer Selection Committee will receive up to eight (8) most senior 12 SLPs requesting a transfer and agreeing to interview with the SLP Transfer 13 Selection Committee. The committee shall interview all SLPs interested and 14 meeting the above requirements and based on those interviews shall select, by 15 majority vote, the SLP to be transferred to the district pairing. 16 17 3. Known pairing openings with pending transfers will be reflected as “pending 18 transfers” at the April choose up meeting. 19 20 4. Prior to and during transfer window opening, Communication Disorders Program 21 Specialist will provide to speech language pathologists (SLPs) all known open 22 pairings with particulars. 23 24 5. August 1 through end of each school year, new hires will be placed into any open 25 pairings by the Communication Disorder district office, however the new hires will 26 not be granted rights to the pairing in which they are placed. 27 28 6. SLPs will have their own transfer window opening the Wednesday after the annual 29 pairings committee and closing in conjunction with the district transfer window of 30 April 18th. 31 32 7. SLPs desiring to transfer to another pairing shall email the request on the provided 33 form to the Communication Disorders district office with a maximum of five (5) 34 desired pairings. Communication Disorders district office will provide Personnel 35 Services and JCTA with the compiled list. 36 37 8. Up to eight (8) SLPs (based on seniority) will have an opportunity to interview for 38 the open pairing with the SLP Transfer Selection Committee. 39 40 9. Pairings with transfers will be reflected as “pending transfer” at annual choose up 41 meeting. 42 43 77 10. Transfers and choose ups are two (2) separate, independent options for SLPs to 1 have opportunities for movement within the district. 2 3 11. Each year from April 19th through choose ups (1st or 2nd Thursday after close of 4 transfer window) will be considered a “dead period” for transfers. 5 6 Section B Committee Representation 7 8 JCTA will appoint two (2) members from every role group (including but not limited to 9 Speech and OT/PT) who will implement and utilize any newly adopted logging/graphing 10 systems to the District Committee responsible for reviewing the requirements and bids of 11 said systems and making the ultimate recommendation to the JCBE for acceptance of a 12 system. 13 14 15 ARTICLE 33 –ENHANCED SUPPORT SCHOOLS 16 17 The parties agree that schools identified as Level 2 or 3 shall require enhanced 18 support. The following shall be enacted for schools currently identified as Level 2 or 3 19 and will remain in effect until the school is no longer identified as either Level 2 or 3. The 20 provisions of this Article apply solely to Level 2 and 3 schools. 21 22 Section A 23 24 To better address staffing needs and promote student success at enhanced support 25 schools, the normal Employee transfer process (Article 16) will be modified as follows for 26 Level 2 and 3 schools: Any school identified as a Level 2 or 3 school will be exempt from 27 any requirements in the Agreement that mandate placement of voluntary transfer or 28 overstaffed employees until such time as the school is no longer identified as Level 2 or 29 3. Level 2 and 3 schools shall participate in the transfer process but will not be required 30 to select any staff from the transfer list. Level 2 and 3 schools shall receive the entire 31 transfer list one week earlier than other schools. Level 2 and 3 school principals may 32 recruit and recommend employees for a transfer that are on the transfer list but did not 33 request a transfer to their school. Such employees who are recruited are not obligated 34 to accept interviews at or a transfer to the Level 2 or 3 school. 35 36 The Parties agree that pursuant to state law, the provisions of this collective bargaining 37 agreement shall not supersede the statutory requirements for Comprehensive 38 Improvement Schools. 39 40 Section B 41 42 Employees who teach at Level 2 and 3 schools will receive the following stipends, in 43 addition to their normal salary and benefits, on the days noted, provided they have been 44 80 Section F 1 2 The Association and the Employer agree that improvement of Level 2 and 3 schools is of 3 critical importance and that the Superintendent, in consultation with school principals, 4 may transfer a teacher from a Level 2 or 3 school to another school for good cause and 5 to address educational needs. 6 7 8 ARTICLE 34 – NEGOTIATION OF A SUCCESSOR AGREEMENT 9 10 The Parties agree that negotiation on a successor Agreement will begin no later than the 11 Monday following the last teacher day of the school year in which the Agreement expires. 12 13 The parties to this Agreement jointly agree to the following terms and conditions as a 14 process for settling any bargaining dispute between the respective governing bodies. The 15 parties also agree that this Agreement, and the provisions in this Article regarding 16 negotiation of a replacement Agreement when it expires, shall apply to any successor 17 should either party be replaced or reconstituted. 18 19 The parties agree to negotiate at a mutually determined site. The parties agree that 20 bargaining will take place from 9:00 a.m. until 4:00 p.m. daily, but that any session may 21 be terminated at any time by either party. 22 23 Should the negotiations between the parties fail to produce an agreement, the parties 24 mutually agree to enter into mediation. The parties mutually agree to begin mediation no 25 later than the third week after bargaining begins. The parties further agree to use a 26 mutually agreed upon mediator. The mediation sessions shall take place at the mutually 27 agreed to site. The length of the mediation sessions shall be determined by the parties. 28 All communications at the mediation session will remain confidential. The mediator will 29 serve solely as a facilitator to help the Parties reach an agreement. The mediator shall 30 not serve as the fact finder or arbitrator discussed below. 31 32 Should mediation fail to produce an agreement between the parties a fact finding hearing 33 will be conducted. The fact finder shall be mutually agreed upon and the hearing shall be 34 held no later than the fourth week after bargaining begins. The fact finder shall make a 35 recommendation(s) on all unresolved bargaining issues, issue by issue, no later than 36 seven (7) calendar days after the hearing. The parties shall have two (2) calendar weeks 37 to accept or reject the fact finder recommendation(s). 38 39 Should mediation and fact finding fail to produce an agreement between the parties, the 40 outstanding issues that are still unresolved, as identified in the advisory fact finding 41 opinion, shall be submitted to issue by issue last best offer binding arbitration. Both 42 parties shall submit their issue by issue last best offer to each other and to the arbitrator 43 in a sealed envelope at the beginning of the arbitration hearing. The arbitration hearing 44 81 shall be conducted no later than one (1) week after rejection of the fact finders 1 recommendation at a mutually agreed to site. The arbitrator shall be without power or 2 authority to alter, amend, or modify the final issue by issue offers of the respective parties. 3 The arbitrator shall render a binding decision on each issue submitted. No decision will 4 be binding on either party, issue by issue, that is not the “last best offer” of one of the 5 parties as submitted to the arbitrator prior to the arbitration hearing. The parties will 6 mutually agree on an arbitrator or use the FMCS process for arbitration selection. 7 8 The decision of the arbitrator shall be submitted in writing to the parties within five (5) 9 days of the hearing and will be final and binding on the parties unless rejected by a four-10 fifths (4/5) vote of the seven (7) members of the Jefferson County Board of Education or 11 the membership of the Jefferson County Teachers Association within fifteen (15) calendar 12 days of the issuing of the arbitrator’s award. The parties’ bargaining teams agree to 13 recommend the arbitrator’s decision to the respective constituencies. 14 15 Timelines contained herein may be amended by mutual agreement of the parties. 16 17 The cost of the process shall be borne equally by the parties. 18 19 This Agreement is in full force and effect for the next negotiations between parties. Any 20 and all future negotiation impasses shall be controlled by the terms of the existing 21 Agreement between the parties. In the event a successor agreement is not agreed to 22 prior to expiration of this Agreement, this Agreement shall continue in full force and effect 23 until (1) the Association and the Employer ratify a new agreement or (2) mutually agree 24 to terminate this Agreement or (3) the procedures for resolving an impasse set forth in 25 this Article have been completed without a successor agreement being adopted, at which 26 time this Agreement will terminate unless extended by mutual agreement of the Employer 27 and Association. 28 29 30 ARTICLE 35 – PRINTING THE AGREEMENT 31 32 The Agreement shall be published on the Employer’s website. 33 34 The Employer shall print and furnish 2500 copies of the Agreement to the Association. 35 36 Upon request by the Association, the Employer will provide additional copies of the 37 Agreement. All costs associated with printing of additional copies will be reimbursed by 38 the Association. 39 40 41 42 43 44 82 ARTICLE 36 – SAVINGS CLAUSE 1 2 Should any Article, Section or Clause of this Agreement be declared illegal or contrary to 3 federal or state regulations by a court of competent jurisdiction, it shall be automatically 4 deleted from the Agreement to the extent that it violates the law or regulation. The 5 remaining Articles, Sections and Clauses shall remain in full force and effect for the 6 duration of the Agreement, if not affected by the deleted Article, Section or Clause. 7 8 9 ARTICLE 37 – DURATION 10 11 Section A This Agreement shall remain in full force and effect from July 1, 2018 12 through June 30, 2023 with the exception of Article 27, Compensation Schedules, which 13 will be reopened for negotiations for the 2020-21 school year and each subsequent year 14 unless bargained otherwise. 15 16 Section B The Employer agrees to take such action as is necessary to give full force 17 and effect to the provisions of this Agreement. The Employer shall make no change in 18 past policy, rule or practice affecting employees’ wages, hours or working conditions 19 without mutual agreement between the Employer and the Association. This Agreement 20 shall supersede any rules, regulations or practice of the Employer that shall be contrary 21 to or inconsistent with its terms. 22 23 Section C Either party desiring changes, additions or deletions in the Agreement shall 24 notify the other party in writing and request a conference which must be held within thirty 25 (30) days. Changes, deletions, or additions will be negotiated only upon mutual consent 26 of both parties. 27 28 Any changes to this Agreement will be incorporated into the language of this Agreement 29 at the time of the change and published electronically. 30 31 Section D This Agreement is made and entered into on this August 7, 2018 by and 32 between the Jefferson County Board of Education and the Jefferson County Teachers 33 Association. 34 35 36 37 38 39 40 41 42 43 44 84 INDEX NOTE: A hypen (-) separates the page and line numbers; a comma (,) separates line numbers ARC 6-39; 7-21; 15-34; 30-9; 35-46; 53-7,15,16 Academic Freedom 15-9; 16-17,19,27; 50-9; Advisory Committee 19-23 Affirmative Action 45-13 Agenda Faculty Mtg 29-37,39 JCBE 11-2 PLC 28-32 Arbitration Grievances 22-26; 26-2,4,5; 69-15,21,37,38; 70-1; 71-15 Meetings 69-40,41 Negotiations 80-42,44; 81-6,7 Assault 48-1,3,7 Assistance 48-11,13,16 Lost Work Time/Wages 48-19,20,21,22,24,25,26,28,29,30,32,33,34 Return to work exam 48-36,37 Relocation 49-1,2 Workers Comp 48-27,28 Assignment 38-38 Application of Criteria 38-42,43; 39-1,2,4,5,7,8,9,10,11 Criteria 38-43; 39-1,2 Notice of Assignment 39-13,14,15,16 Outside of Certification 39-18,19,20, 22,23,24 Association Building Representatives 10-39,40,41,42,43,44 Business During School Hours 10-30,31,32,33 Leave 60-22 General 60-24,25,26,28,31,32 Meetings 60-26,27 President 59-32,42,43 Professional 57-42; 58-1,2 Vice President 59-32; 60-12,13,40,41 Membership 6-9; 11-24,25,27,28,29,34,35 Representation Committees 12-33,34,35,36,37; 17-44,45; 19-23; 23-11; 28-36; 42- 1,2,3,4,5; 44-19,20,21; 48-8,9; 50-35,36; 54-28,29,30,31; 58-16,17,18; 75- 39,40,41,42; 77-7,9,10,11 Employees 12-25,26; 25-23,24,37,38; 28-15,16 Representative 9-16,17,30 85 Rights 9-31,32,35,36,38; 10-9,17,18,19,21,22; 17-6,7,8,9; 40-16,17; 41-31; 46- 1,2,3 Board Authority 8-39 Bulletin Boards 9-36; 37-10 Calendar 50-33 Committee 50-35,36 Delayed Start to Day 52-12,13 Gold Days 51-8,17,24 Holidays 51-6,15, Flexible Inservice 47-32,33,34,35; 51-7,16 Opening/Closing Days 51-9,10,18,19,21,22 Certification 7-10; 27-8; 46-13,14; 62-12 Changes to Agreement 81-1817,18,19,20,21,22,24,25,26,27,29,30 Class Size Choral and Instrumental Music Class Size 33-8,9,17,31 Elementary 33-2,4,5,6,8,9 Exceeding Class Size 32-42,43,44; 36-24,25 General 32-18,19 High School 33-22,24,25,26,27,28,29,30,31,33,34 Middle School 33-11,13,14,15,17,19,20 Physical Education 33-8,15,30 Communications Courier Service 9-31; 10-15 Email/PONY 9-37,38; 10-9,10,11,12,17,18 Employee Distribution Boxes 9-32,33 Political Materials 9-42,43,44; 10-1,2,3 Posting Notices 9-35,36 Compensation General 61-40,42; 62-1,6,8 Over/Underpayments 65-2,3,4,5 Retirement Sick Leave Benefit 63-1 Schedules Regular Compensation Art. 27, Table A Extra Service Schedule Art. 27, Table B-1,2,3 Extra Service Rates Art. 27, Table C Complaints By Teacher 26-6,9; 67-26 Against Teacher 25-27,30,31,32,35; 27-25,34 Conferences, Parent 17-31; 30-7,10; 51-37; 53-12; 73-31 Constitution, Federal Laws, Regulations 8-44; 9-1,2,3; 13-20,21,22; 14-8,9; 16- 11,12,22,23,24,25; 45-12,13,14,40,41; 53-2,3,4,5,29,30; 77-37,38,39; 82-5 Contracts Continuing 46-9,21,40; 58-29; 62-29; 63-1 Limited 22-8,9,12; 46-10,22; 62-29; 63-1 86 Suspension of 7-7; 46-5,9,10,11,15; 75-28,29 Termination of 24-20,21; 63-11,12 Curriculum Guides 17-1; 37-14; 51-27,42 Writing 63-17 Department Heads 38-40,41; 52-16,19; 64-1,2 Discrimination 13-3,9,17;16-4; 25-10 Disruptive Students 18-9,12,13; 48-5,7 Dues Deductions 11-10,13,14,15,16,17,20,27,29; 12-6,9 Duration of Agreement 82-7,10 Early Childhood Duty Free Lunch/Prep Time 72-15,21,22 Duty Hours 72-13 Faculty Meetings 73-17 General 72-5 Home Visits 73-12,13 Professional Development 72-41,42,43 Setup Day 73-20,21,22,23,24,25,26,27 Special Area 39-33,34 Staffing 72-26,27,28; 73-5,6 Tuition Based 73-29,33 Educational Program Needs 39-1,2; 41-22,23; 42-39,40; 44-9,10 Enhanced Support Schools General 77-16 Extended School Year 79-20,21,22 Stipends 77-43,44; 78-1,2,3,4,5,7,8,9,10,12,15,16,17,18,20,21,22, 24,25,26,29,30,31,32,33,34 Transfers 77-27,28,29,30,31,32,33,34,35 Years Completed 78-24,25,26 Employees Capabilities 39-1,10 Discipline 22-22,23,24; 24-32,34,35,36; 25-1,12,21; 26-12,13,14,15; 27- 34,35,36,37; 50-9,10,11,12 Duty-Free Lunch 29-17,24; 30-35; 72-15 Duty Hours Conduct 26-11,12,13,23,27,33,34 Extra Assignments 29-1,2,3; 30-35,36,37,38,39 Length 29-15,16,17,18,22,23,24 Faculty Meetings 28-36,37,38,39,40; 29-1,2,3,4,5,7,8,9,10,11,36,37,38,39,40; 30-5; 31-18,21 As Professional Development 29-40,41; 32-1,2 Exceeding 1 hour 29-41,42,43; 30-1,2,8,9,10,11 Leaving Premises During Duty Hours 29-26,27 Lounges 37-44 89 Elementary 30-26,27,28 Intervention/Remediation 28-29 Middle and High School 28-23,24,25 PLC’s 28-31,36,37,38,39,40 Printing of Agreement 81-31,35 Promotions 45-10 Recognition 9-14,16,17 Safety 38-23,25,26,27,28,30,31,33,34,35 Social Workers Duty Hours 29-22,23,24 Compensation 29-29,30,31,32,33 Special instructional Assistants Duty Hours 29-22,23,24 Compensation 29-29,30,31,32,33 Special Area 7-23 Evaluation 19-20 Grades 17-12,13,14,15 Home School Rights Hearing Impaired 32-4,5,6 Vision Impaired 32-10,11,12 Pairings 44-4,5 Committee 44-19,20,21,22,23 Schools 44-23,24,25 Planning 30-31,32,33 PLC’s 28-41,42 Program Preparation 31-29,30,31,33,34,35,36 Reporting Absences 31-38,39,40 Schedule Collaboration 31-24,25,26,27 Set-up Time Between Classes 39-36,37 Speech and Language Pathologists 74-37 Class Size 34-30 Committee Representation 77-7,9,10,11,12,13 Pairings 75-39,40,41,42,43 Transfers 76-4 Travel Time 76-1,2 Student Teachers 66-3,4,5 Substitute Teachers 31-5,6; 46-34,35; 61-30 Summer School Assignment 49-21,22 Leave 50-2,3 Staffing 49-42,43 Transfers 40-12 Building Rights 40-18,19,20 Frame of Reference 40-29,30,31 90 Intensive Support 41-40,41 Overstaffed Teachers 43-20,22,24,25,27,28,29 Exemptions 43-29,30,31 Return to Vacancies 43-33,34,35 Setup Day 43-37,38,39 Mid-Year Openings 43-13,14 No New Hires 43-1,2,3,4,5,6 Process Suspended 43-8,9,10,11 Requesting a Transfer 40-22,23 Superintendent 44-41,42,43 Teacher Transfer Selection Committee 41-43; 42-1,2,3,4,5 Declining an Interview or Transfer 42-26,27,28 Interviews 42-9,10,11,12,13,14,15,16 Surplus Prevention 42-30,31,32,33 Vacancies 40-16,17 Joint Statement of Commitment for the Collaborative Development of a Jefferson County Educator Growth System With this Statement of Commitment, the Jefferson County Board of Education, the administration of Jefferson County Public Schools and the leadership of the Jefferson County Teachers' Association agree on the following: In order to improve student learning, growth and development, we will design, field test, pilot, and recommend for approval a comprehensive and congruent Educator Growth System (EGS) that will support continuous professional growth and development, throughout an educator's career in JCPS, including induction, goal setting, evaluation and peer learning. 1. To improve the quality of hiring we will screen candidates using the Charlotte Danielson domains for high quality teaching. 2. To improve teacher efficacy and retention in the early years, we will improve the induction experience (including revamping KTIP so that it aligns with the Danielson domains of high quality teaching) and provide orientation to cultures, systems, processes, procedures, practices, routines and school-wide PLC norms. 3. To continue to improve teacher efficacy throughout an educator's career, we will recommend implementation of an Educator Growth System (EGS). The EGS will resolve teacher isolation, foster continuous professional growth, and ensme high quality instruction in every classroom. The EGS will recognize the complexity and importance of teaching in a high-performing school system, one in which there is an emphasis on continuous improvement and shared responsibility for student learning. Good teaching is nurtured and cultivated in a school and district culture that values continuous feedback, analysis, and refinement of the quality of teaching. The EGS integrates two imp01tant components: professional growth and a meaningful approach to teacher evaluation. 4. To ensure consistency and quality control, all aspects and components of the EGS will be aligned to a common language and set of expectations as established in the KDE Teacher Effectiveness Framework based on Charlotte Danielson. To further achieve consistency and quality control, we will explore systems of checks and balances, such as peer assistance and/or peer assistance and review. The purpose of this agreement is to define the framework for the development and recommended implementation of this Educator Growth System. To this end, the parties agree to the following: MOA #1