AGREEMENT BETWEEN BOARD OF EDUCATION WYANDANCH UNION FREE SCHOOL DISTRICT AND WYANDANCH TEACHERS ASSOCIATION,

Transcription

1 AGREEMENT BETWEEN BOARD OF EDUCATION WYANDANCH UNION FREE SCHOOL DISTRICT AND WYANDANCH TEACHERS ASSOCIATION, July 1, June 30, 2016

2 INDEX ITEM PAGE ARTICLE I RECOGNITION 1 A. Board Recognizes Association B. Exclusive Recognition ARTICLE II PROFESSIONAL DUES DEDUCTIONS 2 A. Procedure B. Agency Fee Procedure ARTICLE III PROFESSIONAL ENVIRONMENT 3 A. Quality Education B. Educational Tools and Materials C. Textbooks D. Supplies and Requisitions E. Experimental Programs and Innovations in Teaching 1. Timelines New Programs 2. Timelines Curriculum Changes F. Student Evaluation 1. Student Progress Reports 2. Report Cards 3. Report Card Marks 4. Parent Conference Elementary Level 5. I.E.P. Release Time G. Health and Safety Committee ARTICLE IV SCHOOL CALENDAR AND STAFF 6 DEVELOPMENT COMMITTEE A. School Calendar B. Staff Development Committee ARTICLE V CLASS SIZE AND TEACHER LOAD 7 A. Elementary Level B. Secondary Level 1. All Academic Subjects i

3 2. Physical Education 3. Industrial Arts 4. Art 5. Home Economics 6. Music C. Special Education Classes D. Terms of Article E. Procedures in the Event of Insufficient Space ARTICLE VI SCHOOL DAY 8 A. Work Day B. Teaching Hours 1. a) Preparation Period b) Adjustment of Preparation Periods c) Pupil Contact Time d) Lunch Period Minute Duty Period 3. Appointments with Parents 4. Chaperoning 5. PTSA Meetings 6. Rotation of Duties C. Lunch Period Rights D. Faculty Meeting Procedures 1. Faculty Meetings 2. District Wide Meetings E. Specialists Schedules: Hours F. Weekly Calendar G. School Year H. Passing Time ARTICLE VII PERSONNEL ASSIGNMENTS 10 A. Teaching Assignments 1. Mileage Itinerant Teacher 2. Class and Grade 3. Changes in Assignments 4. Incidental Teaching 5. Coverage Pay 6. Civil Rights Clause 7. Pay for Work Beyond School Year 8. Chairperson Summer Schedule B. 1. Substitute Teachers 2. Split Session Substitutes C. Transfers and Reassignments ii

4 1. Intra-Building 2. Inter-Building D. Summer, After-School and Evening Positions E. Promotion 1. Vacancies 2. Notice 3. Application 4. Filing Vacancies 5. July August F. Description of Professional Positions G. Posting of New Positions ARTICLE VIII PERSONNEL FILES AND TEACHER EVALUATION 14 A. Personnel Files and Teacher Evaluation 1. Additions to Files Administration 2. Teacher Additions to File 3. Teacher Review of File 4. Rights to Copy 5. Teacher to Choose WTA Representative 6. Deadlines for Submission and Rebuttal 7. Elimination of Illegal Documents B. Observation, Supervision and Evaluation of Teachers 1. Recognition 2. Recognition 3. Non-Tenured Teachers 4. Tenured Teachers 5. Rights to be Re-Evaluated 6. Conference Rights 7. Procedures Prior to Disciplinary Action 8. Tenure Appointments 9. WTA Rights on Form 10. Use of Evaluations/Observations C. Professional Records D. Records Referred to in A and B E. Director of Personnel Verifications F. Discontinuance or Resignation iii

5 ARTICLE IX LEAVE POLICIES 17 A. Sick Leave B. Leave of Absence Without Pay C. Personal Days D. Bereavement Leave E. FMLA and Child Care Leave F. Jury and Court Appearance G. Visitation H. Selective Service I. Reserve Military Duty J. Professional Conference Day K. Unused Sick Days L. Sick Bank M. Accrued Less than 30% ARTICLE X INSURANCE AND MEDICAL EXAMINATIONS Automobile 2. A. Health Insurance B. Life Insurance C. Physical Examinations D. Automobile Insurance E. Dental Plan F. Disability Income Protection Plan G. Co-Pay E. and F. H. Health and Dental Insurance Withdrawal I. Optical Plan ARTICLE XI TEACHER FACILITIES Locked Space 2. Duplicating Machines 3. Rest Rooms 4. Faculty Lounges 5. Communication System 6. Central Files 7. Resource Center 8. Desk and Chair 9. Two Drawer File ARTICLE XII ASSOCIATION PRIVILEGES 25 A. Meetings B. Board Meetings 1. Place on Board Agenda iv

6 2. Agenda Available 3. Board Minutes C. Meetings-Association and Board of Education D. Association Bulletin Boards E. WTA President-Duty Period ARTICLE XIII COACHES 26 ARTICLE XIV TEACHER PROTECTION 26 A. Assistance in Assault or Civil Cases 1. Relevant Information 2. Court Appearances 3. Liaison B. Legal Counsel C. Compensation for Lost Time ARTICLE XV STUDENT DISCIPLINE Disruptive Child A. Definition B. Procedure C. Problem Persists D. Student Governance ARTICLE XVI APPOINTMENT, PROBATION AND TENURE Certification 2. Probation Period 3. Notification 4. Final Authority 5. Probationary Dismissal ARTICLE XVII HOME TEACHING 29 ARTICLE XVIII CREDIT FOR PREVIOUS EXPERIENCE 30 A. Placement on the Salary Schedule B. Up to Ten Years C. Additional Teaching Experience D. Maximum-Military Service E. Board Increases Step F. Concurrent Accumulations v

7 ARTICLE XIX GRIEVANCE/ARBITRATION PROCEDURES 30 Introduction: A. Definition of Terms 1. Grievance 2. Aggrieved Party 3. Representative 4. Day B. Procedural Steps Step 1. Presented to School Principal Step 2. Superintendent Hearing Step 3. Arbitrator C. General Principles ARTICLE XX SUCCESSOR AGREEMENTS 32 A. Date for Beginning of Negotiations B. Discussions During Term of Agreement C. Right to Fiscal Information ARTICLE XXI COLLEGE/UNIVERSITY CREDITS AND 33 IN-SERVICE COURSEWORK 1. A. Graduate Credits B. Certification C. In-Service D. Discretionary Credits 2. Rules A. Prior Application B. Completion C. Credits ARTICLE XXII COMPACT FOR LEARNING 34 ARTICLE XXIII SALARY DIFFERENTIAL FOR ALL STUDENT-ORIENTED EXTRA-ACTIVITIES 34 Extra Classroom Activities Coaching Stipends Chaperones, Supervisors, Timers and Scorers vi

8 ARTICLE XXIV RETIREMENT INCENTIVE/TERMINAL CONVERSATION 36 A. Eligibility B. Notice to District ARTICLE XXV SUPERVISORY AND SPECIALISTS 37 SALARY DIFFERENTIALS A. District Supervisors 1. Music 2. Special Education 3. Library Educational Communications 4. All Other District Positions B. High School Coordinators C. Elementary and Middle School Coordinators D. School Psychologists E. Advanced Education 1. Ph.D. or Ed.D. 2. S.A.S. or S.D.A. 3. Documentation ARTICLE XXVI MISCELLANEOUS ITEMS Non-Discrimination-Board 2. Non-Discrimination-Association 3. Extra Help 4. Uncertified Personnel 5. Items Negotiated 6. Disclaimer-Board of Education 7. Disclaimer 8. Define Workday 9. Teaching Process 10. Censorship 11. Parental Contracts 12. Distribution of this Agreement 13. Salaries 14. Anniversary-Increments 15. Expediting 3020-A 16. Transcripts for Column Movement 17. Twenty-Six Week Pay Plan 18. Electronic Transfer of Funds ARTICLE XXVII SAVINGS CLAUSE 39 vii

9 ARTICLE XXVIII FLEXIBLE BENEFIT PLAN 40 ARTICLE XXIX PERFORMANCE INDICATORS A. Movement on Salary Schedule 1. Lesson Plans 2. Tardiness 3. Progress Reports 4. Recommendations 5. Parent-Teacher Conferences 6. PTA/PTSA Meetings 7. Report Cards B. Compliance with Indicators C. Appeal Process D. Re-Opener ARTICLE XXX TERMS OF AGREEMENT 42 APPENDIX I Pay Scale 2010 through APPENDIX II Pay Scale 2011 through APPENDIX III Pay Scale 2012 through APPENDIX IV Pay Scale 2013 through APPENDIX V Pay Scale 2014 through APPENDIX VI Pay Scale 2015 through APPENDIX VII Agreement of Longevity 49 APPENDIX VIII Sick Leave Bank 49 APPENDIX IX Sick Bank Authorization Form 50 viii

10 AGREEMENT made this 28th day of October, 2013 by and between the BOARD OF EDUCATION, WYANDANCH UNION FREE SCHOOL DISTRICT (hereafter referred to as the "Board") and the WYANDANCH TEACHERS' ASSOCIATION (hereafter referred to as the "Association). WITNESSETH WHEREAS, the Board and the Association recognize and declare that providing a quality education for the children of the Wyandanch School District is their mutual aim and that the character of such education depends predominantly upon the quality and morale of the teaching services; and WHEREAS, the Board has recognized the Association for purposes of collective negotiations pursuant to the Public Employees' Fair Employment Act, and has assumed the obligation of negotiating with the Association as the exclusive representative of its teaching personnel with respect to hours, wages, terms and conditions of employment; and WHEREAS, the Board and the Association recognize that the Board has certain powers, discretions and duties under the Constitution and Laws of the State of New York and specifically the Education Law, and that any provision of the Agreement or application thereof shall be effective only to the extent permitted by law; and WHEREAS, the parties have reached certain understandings which they desire to confirm in this Agreement. NOW, THEREFORE, in consideration of the following mutual covenants, the parties hereto agree as follow: ARTICLE I RECOGNITION A. That the Board recognizes the Association as the exclusive representative of all professional personnel (Pre-K - 12) certified by the State Department of Education on tenure, on probation, and on interim, but not per diem appointment, including teachers, long-term substitutes, guidance counselors, psychologists, social workers, attendance officers, speech teachers, therapists, remedial reading teachers, librarians, department coordinators, grade coordinators (elementary and middle school coordinators), but excluding all Administrators other than specifically included in the unit. All personnel represented by the Association shall, unless otherwise indicated hereinafter, be referred to as "teachers." The term "long-term substitutes" shall refer to any substitute who serves continuously in one position for one-half or more of one semester. B. The Board agrees that such exclusive recognition of the Association shall be granted from the date hereof for the maximum time permitted by law, during which time the Board shall 1

11 not recognize or negotiate with any other representative of the teachers included in the bargaining unit as set forth in Paragraph "A" of this Article. ARTICLE II PROFESSIONAL DUES DEDUCTION A. During the time the Association is recognized as the representative of the professional teaching personnel, as hereinabove provided, the Board shall deduct from the salaries of its teachers dues for the Association upon presentation to the Board of individual written authorizations, which authorizations shall be irrevocable until the following June 30 th, and shall be automatically renewable for another year unless written notice revoking the said authorization is given to the Board by the individual teacher prior to June 30 th. The deductions shall be made in twenty (20) installments in accordance with the payroll dates commencing with the second pay period in September. The dues deduction authorization form shall be prepared and distributed by the Association and shall contain a clause that the teacher waives all rights and claims for the monies deducted and transmitted and relieves the Board or any of its officers from any liability therefore. The Board shall transmit the monies collected within five school days of the installment dates to an officer and at a place designated by the Association in writing. Any authorizations presently on file with the Board shall be revoked upon the presentation to the Board of the dues deduction forms, properly executed by the teacher, and the most recent form shall be deemed the authorization of the teacher. The Association agrees to hold the District harmless with respect to any claims made concerning this article. The Association will assume all legal costs incurred from such claims. B. The District will provide, prior to September 15 th each year, to the Association a list of all members of the Association who have on file dues deduction cards pursuant to Paragraph A and, before October 1 st of each year, the Association will provide a list to the District of teachers subject to the Agency Fee deduction as provided in the following paragraphs. C. No member of the Association shall be subject to any agency fee. D. The District will deduct from the wages of all employees in the negotiating unit who are on the list as provided in Paragraph "B", an agency fee in an amount equal to the dues as deducted for a member who has filed a dues deduction card pursuant to Paragraph "A" and will transmit the monies deducted to the Association promptly. E. Deductions of this agency fee shall be made consistent with the dues deduction schedule of this agreement beginning in September and ending in June of each school year or in such other manner as the parties have agreed in writing. Deductions for employees in the unit who are hired after October 1 st of any school year shall be appropriately prorated so as to complete deduction of the annual agency fee by the end of the school year for the period of employment. F. The District and the Association agree to furnish each other with any information needed by either of them to fulfill the provisions in this Agreement. 2

12 ARTICLE III PROFESSIONAL ENVIRONMENT A. QUALITY EDUCATION: Curriculum revision, innovation and development are basic for a sound educational program. In order to assure the District the benefit of such a program, the utilization of the experience, education and training of the teachers of the District is recognized by the parties to be essential. B. EDUCATIONAL TOOLS AND MATERIALS: The parties recognize that appropriate texts, library references facilities, maps, globes, laboratory equipment, audiovisual equipment, art supplies, athletic equipment, current periodicals, standardized tests and questionnaires and building changes are the tools of the teaching professions. The parties shall confer at least by April 1 st prior to the final selection for the purpose of improving the selection and use of such educational tools. C. TEXTBOOKS: Prior to changing a textbook, selecting or deleting a textbook, and in addition to such consultations with the interested staff or others as the Board may elect, the Board or its representatives will notify the teachers and the WTA President of the proposed change or selection. The teachers and the WTA President, through such committee as the Association shall select, shall have the right-to meet and consult thereon. Similarly, the Association may propose a change in selection or deletion of a textbook, following the same consultation procedure, whenever the prime educational tool is the textbook. D. SUPPLIES AND REQUISITIONS: (1) All requisitions submitted for supplies to the building principal shall be acted upon within three (3) days of the receipt of such requisition. (2) Approved requisitions shall be forwarded to the Business Office Manager and shall be acted upon within ten (10) days of the receipt of the approved requisition. (3) In the event that any requisition is not approved in either (1) or (2) above, the party initiating the requisition shall be informed of the reasons for rejection within the time limits set forth in (1) and (2) above. (4) All approved requisitions shall have copies of the purchase order attached and mailed to the vendor and a copy sent to the party initiating said requisition within five (5) days after approval of the same. (5) Each Elementary and Secondary School Coordinator shall be provided with a copy of the District's budget status report on a monthly basis. Additionally, the WTA President shall be provided with a definition of each instructional staff salary code by September 30 th of each school year. 3

13 E. EXPERIMENTAL PROGRAMS AND INNOVATIONS IN TEACHING: (1) In the continuation of, or in the establishment of new or experimental education programs, and/or curricula, such programs and/or curricula shall not be discontinued or established without notification by certified mail, return receipt requested, to the President of the Association at his/her home address, thirty (30) days in advance of Board approval. Notice of new or experimental programs shall be given to all teachers so that they may be informed of the programs. Reports of the evaluation of any programs shall be distributed to all teachers, in a form which will intelligibly convey the essence of the material. (2) CURRICULUM CHANGES: No major curriculum change(s) should be presented to the classroom teacher(s), department or grade level coordinator(s) concurrent with the beginning of the school year without at least ninety (90) days advance notification being given to the classroom teacher(s), department or grade level coordinator(s) and WTA President. Major curriculum changes which are not concurrent with the beginning of school year shall not be implemented without at--least thirty (30) days advance notification being given to the classroom teacher(s), department or grade level coordinator(s) and WTA President. Curriculum guides shall be provided for the new curriculum and if a text is recommended as a part of the curriculum the curriculum change shall not be implemented until the books and/or instructional materials are provided or substitute materials are made available by the District. F. STUDENT EVALUATION: (1) STUDENT PROGRESS REPORTS: Periodic progress reports to the parent(s) or guardian(s) of each student in jeopardy of failing any subject(s) shall be prepared by the teacher five (5) weeks before the end of each marking period. The periodic progress reports shall be remanded to the Principal. All materials necessary for teachers to complete progress reports shall be provided to the teacher at least five (5) school days before reports are due. A form mutually agreed upon by the WTA and the District shall be developed for use in the preparation of periodic progress reports. (2) REPORT CARDS: Four (4) times a school year report cards shall be tendered to the school principal for delivery to the parent(s) or guardian(s) of each student. Effective September 1, 2008, all materials necessary for teachers to complete report cards shall be received at least fifteen (15) school days before report cards are due. Teachers will be given no less than three (3) days at the end of the marking period to enter report card grades. (3) REPORT CARD MARKS: Any mark rendered by a teacher concerning the work of a student is the record of the teacher's evaluated judgment of the student's performance. The teacher shall be considered the final evaluator of the work of his student and the integrity of the teacher in rendering marks to the student shall be inviolate, except in extenuating circumstances to be determined by a committee composed of the building principal and the teachers in the grade level. The mark given by a teacher shall not be changed by any other person. 4

14 Effective September 1, 2005, at the end of the first (1 st ) and third (3 rd ) marking periods, teachers shall prepare written recommendations for student improvement for any student scoring below 80 in any subject. Recommendations for student improvement shall be made on forms developed by the District and reviewed by the WTA prior to being utilized. The recommendations for student improvement will be given to the Principal at the same time as report cards grades. (4) There shall be two (2) half days of school at the end of the first (1 st ) and third (3rd) marking periods for the purpose of the scheduled teacher conferences with parents or guardians. In each school, teachers shall be available for one (1) afternoon and one (1) evening to participate in said conferences in accordance with the schedule established by the school Principal. (5) In the event that a half day is not utilized during the month of October, an additional half day shall be available for use in April. G. HEALTH AND SAFETY COMMITTEE: (1) Effective September 1, 2005, the District and the Association shall establish a Health and Safety Committee in each school building. The Committee shall serve as a forum in which the WTA and the District can discuss potential health or safety problems and advise on the development and implementation of policies in matters related to health and safety. (2) The Health and Safety Committee in each school building shall consist of two nonteaching staff designees of the building principal and two teacher designees of the WTA president. This Committee shall meet at regularly scheduled times throughout the school year, but in no event shall the Committee meet less than once per month. (3) The Health and Safety Committee shall review alleged unhealthy, unsafe or hazardous condition or task(s) which may exist within school buildings. The Committee members in each school building shall jointly determine if an unhealthy, unsafe or hazardous condition or task(s) exists and shall take such necessary action to alleviate the unhealthy, unsafe or hazardous condition or tasks(s). (4) Should the building-level Health and Safety Committee be unable to resolve a matter at the building level, the matter shall be referred to the District Health and Safety Committee for appropriate resolution. The District Health and Safety Committee shall be comprised of two (2) members selected by the WTA president, two (2) members selected by the superintendent and one (1) member who shall be a Trustee of the Board of Education. This committee shall meet at appropriate times to review matters which have been referred by building-level Committees and may meet at other times through mutual agreement of the Committee members. 5

15 ARTICLE IV SCHOOL CALENDAR AND STAFF DEVELOPMENT COMMITTEE A. SCHOOL CALENDAR: The calendar will be promulgated by the District after consideration of input from the Wyandanch Teachers Association, which in-put will be provided within seven (7) days of written request therefore. In addition, the calendar will be distributed to teachers as soon as practical after promulgation and, at the same time, teachers shall be advised of the payroll dates which will be utilized during the school year. Pay checks shall be available no later than 11:00 a.m. in each building. If a pay day falls on a vacation day, the teachers shall be paid on the day immediately preceding the commencement of the vacation. The school calendar shall contain one hundred eighty-three (183) work days. B. STAFF DEVELOPMENT COMMITTEE (1) Effective May 1, 1999, the District and the WTA shall establish a joint Staff Development Committee comprised of appointees of the Superintendent and appointees of the WTA president. This Committee shall analyze staff development needs within the District and make recommendations to the District administration regarding future staff development and professional staff training programs. (2) September 1 and September 2, 1999, shall be designated as mandatory staff development days for all WTA unit members. WTA unit members attending staff development training on these days shall receive their daily rate of pay for each staff development day. Staff development and training days shall occur during standard work hours and shall be no longer than seven (7) consecutive hours in duration, inclusive of a lunch. Students shall not be in attendance for instruction on these staff development days. (3) For the and the school years, the Wednesday and Thursday immediately preceding Labor Day may be designated as staff development days by the District. WTA unit members attending staff development training on these days shall receive their daily rate of pay for each staff development day. Staff development and training days, if designated, shall occur during standard work hours and shall be no longer than seven (7) consecutive hours in duration, inclusive of lunch. Students shall not be in attendance for instruction on these staff development days. The District shall notify all staff by the preceding June 30 th if such staff development days are to be utilized. (4) The District may continue to schedule staff development time during the normal workday and/or during monthly building meetings pursuant to Article VI(D). Staff development training which is scheduled to occur at times other than that described in Sections 2 and 3 above, shall be voluntary in nature. 6

16 ARTICLE V CLASS SIZE AND TEACHER LOAD The Board and the Association agree that for a sound beneficial and efficient educational program, class sizes and teacher loads are required to be kept at a minimum, except as hereafter provided, and that the following are deemed to be educationally desirable maximum sizes of the respective classes, areas and teaching loads: A. Elementary Level: The maximum number of pupils in each class, including but not limited to Art, Music, Physical Education, Library and regular classes shall be 30. It shall not be necessary to hire an additional teacher unless the total number of students per grade level exceeds the total maximum allowable number of pupils per grade level by five (5). B. Secondary Level: Class size in the secondary level schools shall be as follows: (1) All academic subjects-total pupil load not to exceed 145. (2) Physical Education-25/40. (3) Industrial Arts-25. (4) Art-30. (5) Home Economics-20. (6) Music-32. C. Special Education Classes-maximum number of pupils to be in conformance with New York State requirements. D. The terms of this Article shall not be invoked until the first four weeks of the school year have passed, and ten days of prevalence of the conditions shall have occurred. These two periods may be concurrent. E. (1) The foregoing class size limits shall not apply in the event there is insufficient space. (2) In the event of insufficient space, a floating teacher shall be placed on that grade level to assist classroom teachers. (3) The President of the Wyandanch Teachers' Association may investigate and make recommendations as to the allocation of pupils. 7

17 ARTICLE VI SCHOOL DAY A. WORK DAY: The teacher's work day shall be seven (7) hours including preparation and lunch periods. Except for split-session schools, the teacher's regular work day shall end by 3:40 p.m. B. TEACHING HOURS: (1) (a) All elementary teachers shall be guaranteed five (5) uninterrupted and continuous forty-five (45) minute duty-free preparation periods per week during the student day. For grades 5 through 12, this guarantee shall be a preparation period equal in length to all other periods in the schedule. (b) Unless the building principal demonstrates that it is unfeasible, no teacher shall be assigned to teach, in succession, more than three (3) periods of forty-five (45) minutes in length or the equivalent amount of time. (c) All elementary teachers shall receive a forty-five (45) minute uninterrupted lunch period each day. For grades 5 through 12, this guarantee shall be a lunch period equal in length to all other periods in the schedule. (2) No more than forty-five (45) minutes of duty period per day shall be assigned to any teacher. Tenured teachers shall be afforded the opportunity to volunteer for additional teaching time in lieu of duty time or additional duty time in lieu of teaching time, the right to honor or deny this request resides with the Superintendent of Schools; however, no such request shall be honored if it causes layoffs within the volunteer's tenure area. (3) No appointment with parents shall be scheduled beyond the full school day without consent by the teachers unless the appointment is scheduled fifteen (15) minutes before or fifteen (15) minutes after the school day in which event the teacher need only be consulted. Effective November 1, 2013 and thereafter, this time period shall be increased to twenty (20) minutes, before/after the school day. During school hours, parent appointments shall be made during nonteaching time except in emergencies, at the discretion of the building principal. (4) Teacher participation in and chaperoning or supervising of any administration approved extracurricular activity, including but not limited to, clubs, theatricals, musicals, sports events, dances, graduation exercises and publications shall be voluntary and shall be compensated, with the exception of dances and graduation exercises, in accordance with the "extra-curricular" pay schedule annexed hereto. (5) The Board and the Association encourage active participation in P.T.A/P.T.S.A. meetings as part of the teacher's professional responsibilities. At the beginning of each semester, teachers and building principals shall prepare a schedule of attendance which shall provide for equal and proper coverage of all meetings during the school year. Attendance at such meetings 8

18 shall be at the discretion of the teacher, with the understanding that the teacher attend one-half (1/2) of the scheduled meetings. (6) It is established that the major objective of teachers is to teach. However, it is also recognized that the safety of the children is of major concern to both parties Therefore, teachers shall be assigned cafeteria duty on a rotating basis among all teachers (subject to scheduling at high school) by the building principal who decides the number of teachers necessary, and there shall be rotation of other duties at all schools where practicable in the opinion of the building principal. Each music and art teacher shall have his or her own classroom when space is available. The Superintendent shall decide whether or not there is available space and he/she shall not unreasonably deny a classroom to a music and/or art teacher, providing schedule and space are available and conducive thereto. C. Teachers shall not be required to remain in the building during their lunch, but shall notify the building administration of intent to leave the area. In an emergency the building principal may require the staff to remain in the school building. When a teacher in a special area is in charge of an elementary school teacher's class, the regular teacher may leave the classroom. Such time may also be utilized as consultation with parents, public officials, and Board-approved personnel. D. At the beginning of each year an advisory schedule of district-wide, building, departmental or grade-level meetings shall be provided to teachers. District-wide, building, departmental or grade-level meetings which occur after the teachers' work day shall not exceed a total of four (4) hours per month. All such meetings shall start no later than fifteen (15) minutes after the end of the teacher's work day. Two (2) of the available four (4) hours shall be used at the discretion of the Principal(s) for District-wide faculty meetings or building faculty meetings. There may be either one (1) such two (2) hour meeting or two (2) one (1) hour meetings per month. Teachers shall be provided a minimum of five (5) school days advance notice if a meeting is scheduled to exceed one (1) hour in duration. Two (2) of the available four (4) hours per month shall be used for departmental and/or grade level meetings. There may be either one (1) such two (2) hour meeting or two (2) one (1) hour meetings per month, at the discretion of the Principal. Teachers shall be provided a minimum of five (5) school days advance notice if a meeting is scheduled to exceed one (1) hour in duration. E. SPECIALISTS SCHEDULES: HOURS - Professional personnel rendering special services, such as psychological services, speech therapy and all similar services will have within their daily schedule a period of not less than thirty (30) minutes after the normal instructional day during which they will be available for consultation with members of the regular teaching staff of the building to which they are assigned. A specialist assigned to more than one building shall distribute a schedule of his services to the principal of each building in which he renders services, which schedule should be distributed by him to the staff. 9

19 F. WEEKLY CALENDAR: A weekly building schedule of special tests, extra assignments, extracurricular activities, professional meetings and other items of interest to teachers and administrators shall be distributed to teachers by Thursday of the preceding week. G. SCHOOL YEAR: The work of teachers (other than new personnel, who may be required to attend additional orientation sessions) shall begin no earlier than the day after Labor Day and end no later than June 30 th of each year, and it shall be available for non-teaching responsibilities two days beyond the school calendar, at the request of the building principals, and in no case beyond a total of one hundred and eighty-three (183) days. H. Class schedules shall provide no less than three (3) minutes of passing time for students and teachers to arrive at their next destination in a manner which does not interrupt or diminish instruction. A. TEACHING ASSIGNMENTS: ARTICLE VII PERSONNEL ASSIGNMENTS (1) In arranging schedules for itinerant teachers who are assigned to more than one school, the Superintendent shall make an effort to limit the amount of interschool travel. Such teachers shall be notified of any changes in their schedules as soon as practicable and ordinarily at least a week in advance. Itinerant teachers and specialists who, on District business, are required to travel within the District shall be compensated for travel at the rate of twenty-three (23) cents per mile or fraction thereof. The District will prepare a voucher to be utilized and submitted by the specialist for payment. There shall be prior approval of the Superintendent or his designee. A requirement to travel by the Superintendent or his designee shall constitute prior approval. (2) Teachers, other than newly appointed and substitute teachers, shall be notified in writing of their tentative programs for the coming year, including the schools to which they will be assigned, the grade and/or subjects that they will have, by June 15 th. The firm assignment will be communicated to the teachers by July 15 th in writing. However, nothing herein shall prevent the District from re-assigning teachers after receipt of final assignments but before September 30 th, provided that the re-assignments are to comply with contractual class size limitations and/or are the result of staffing adjustments made after voter rejection of the pre-july 15 th budget referendum. (3) In making changes in teaching assignments, the- teacher involved in the change will be consulted and his/her preferences will be honored to the extent that they do not conflict with the best interests of the school program and the pupils. Except for post July 15 teaching assignment changes enumerated in Article VII, section A, subsection 2, teaching assignment changes shall not be authorized without sixty (60) calendar days prior consultation with the teacher, unless it can be reasonably demonstrated by the Administration to a previously 10

20 designated representative of the Association that the change is required for reasons of emergency. (4) Any incidental teaching assignment shall be made consistent with the Commissioner's Regulations and evidence of such compliance with the Commissioner's Regulations shall be made available to the WTA President at his/her request. Such assignments may not be made in lieu of hiring a full-time teacher, and shall not constitute the primary cause of excessing a current teacher in that tenure area. (5) No regularly assigned teacher shall be used as a substitute within a school session except in cases of emergency, it being expressly understood that the failure of a substitute to arrive on schedule or the inability to secure a substitute shall be considered an emergency. Effective February 1, 2008 and thereafter, after the third such occurrence, the teacher shall be remunerated at a rate of $36.00 per period for each period for each year of the Agreement. The aforesaid sum shall be divided proportionately among the teachers receiving the children. At the elementary school level, the regular school day is deemed to be six (6) periods. Teachers shall not receive additional compensation when they are required to work with their own students due to the absence of a Reading or Math Lab teacher. When elementary teachers are otherwise required to provide coverage during a preparation period, due to the absence of a fellow teacher, they will be paid at the rate of 1/6 th of salary calculated based upon a daily rate of pay. When Grade 7-12 teachers are otherwise required to provide coverage during a preparation/duty period, due to the absence of a fellow teacher, they will be paid at the rate of 1/5th of salary calculated based upon a daily rate of pay. In the event of a personal or family emergency during the school day, no teacher shall be denied the right to leave school by Administration. Teachers who cover classes in said cases shall not be paid for such coverages. Effective September 1, 2005, the District and the WTA shall mutually develop a teacher coverage form which will allow both the school administrator and the teacher to retain copies of the completed form. Payments to teachers for substitute coverage shall be provided by the District on four occasions during the school year. For coverage completed during the period September 1 st through November 30 th and submitted by the teacher by December 15 th, payments will be provided to said teachers by January 15 th. For coverage completed during the period December 1 st through March 31 st and submitted by the teacher by April 15 th payments will be provided to said teachers by May 15 th. For coverage completed during the period April 1 st through May 30 th and submitted by the teacher by June 15 th payments will be provided to said teachers by July 15 th. For coverage completed during the period June 1 through the end of the school year and submitted by the teacher by June 30, payments shall be provided to said teachers by July 31. It shall be the responsibility of the teacher who provides coverage to ensure that the appropriate teacher coverage form is submitted to the building principal/administrator in accordance with the schedule described above. The failure of a teacher to comply with the schedule described above could result in the teacher forfeiting for teacher coverage provided during that relevant time period. 11

21 (6) Teacher assignments shall be made without regard to race, creed, color, religion, nationality, sex, or marital status. (7) Any position needed for work beyond the school year will be posted, including but not limited to, school psychologists, cooperative education teachers, and special education. Payment for these positions shall be at 1/200th of the teacher's annual salary for each day worked. Payment shall be at the teacher's hourly rate if the teacher has worked for only a portion of the day. Guidance counselors shall be responsible for working fifteen (15) additional days immediately prior to the school year and fifteen (15) additional days beyond the school year. Guidance counselors shall receive 1/200 th of their annual salary for each additional day of work. Effective November 1, 2013 and thereafter, the additional responsibility of guidance counselors shall be reduced to a maximum of twenty (20) days pursuant to a schedule determined by the District or upon notification to the individual counselor on or before April 30 th. (8) Department Coordinator(s) shall work for ten (10) week days of non-teaching duties immediately preceding the first day of school in September, and for ten (10) week days of nonteaching duties immediately succeeding the last day of school in June. Holidays shall be included in the twenty (20) day period, however, Coordinators shall not be required to work on said days. Coordinators shall receive 1/200 th of their annual salary for each additional week day of work. B. (1) SUBSTITUTE TEACHERS: Teachers shall be informed of a telephone number which they must call to notify the District of his/her inability to report to work and the reason(s) therefore by 7:00 a.m. or one and one-half (1½) hours prior to their scheduled reporting time, whichever is earlier. Teachers who fail to call and are so notified, have the right to present evidence that they have complied with the procedure. If they cannot do so, said teacher will receive a letter reiterating the procedure. On the second such occurrence, and failure to present evidence of compliance, the teacher may be charged one additional sick day. Once a teacher has reported his unavailability, it shall be the responsibility of the administration to arrange for a substitute teacher. No substitute teacher may be hired on a continuous basis for the same teacher beyond forty (40) school days without being transferred to the regular salary schedule. (2) SPLIT SESSIONS SUBSTITUTES: In the event of a split session, to ensure more efficient and better educational methods, priority to substitutes will be given to the regular members of the Wyandanch teaching staff, with priorities in the following manner, where there is no appropriately certified substitute available: (a) teachers within the same department on a rotating basis according to seniority in Wyandanch within the department; (b) if no teacher within the department is available, a rotating list of faculty shall be kept and teachers assigned according to the list; (c) remuneration will be at regular substitute pay. 12

22 C. TRANSFERS AND REASSIGNMENTS: The Board and the Association recognize that teacher transfers and reassignments may be disruptive of the educational process and optimum teacher performances unless there are procedures which assure fairness and guarantees full consideration of the individual interests of teachers as well as the overall interest of school administration. Therefore, they agree as follows: (1) If a teacher presently teaching in a school building desires reassignment to fill a vacancy created in the same building, length of service in that building shall be a major, but not exclusive, factor in determining whether such a request shall be granted. (2) In determining whether a teacher is to be transferred involuntarily from one school building to another and in determining priority in filling vacancies in other buildings among those teachers involuntarily transferred, length of service in the Wyandanch School System shall be a factor, but the transfer shall result in the best qualified person, in the opinion of the District, being transferred. An involuntary transfer or reassignment will be made only after a meeting between the teacher and the Superintendent and a representative from the Association, if the teacher so desires, at which time the teachers will be notified of the reasons therefore. Teachers shall be provided a written rationale by the District administration in the event that a teacher is involuntarily transferred in two (2) consecutive school years. D. SUMMER, AFTER SCHOOL AND EVENING POSITIONS: All openings for summer school or summer positions, and evening school positions including adult education, special projects and for positions under federally aided programs, will be adequately publicized by the supervising principal, in each school building. Said positions will, to every extent possible, be filled by regularly appointed teachers in the District, applying for such positions. In filling such positions, consideration will be given to a teacher's area of competence, major and/or minor field of study, quality of teaching performance and length of service in the District. E. PROMOTIONS: Promotional positions are defined as follows: Positions paying a salary differential and/or positions on the administrative/supervisory level. All vacancies in promotional positions caused by death, retirements, discharge, resignation, or by the creation of such positions, shall be filled pursuant to the following procedures: (1) Vacancies shall be publicized and notice sent by the Superintendent to the President of the WTA at least fifteen (15) days in advance of the closing date for the acceptance of applications of the appointment to be made to such positions. (2) Said notice of vacancy shall specify the qualifications of the position. (3) Teachers who desire to apply for such vacancies shall file their application in writing within the time limit specified in the notice, which shall be no earlier than five (5) days after issuance of said notice. 13

23 (4) Such vacancy shall be filled on the basis of qualification for the particular position offered, provided, however, that the application from within the District shall be given preference after a fair and equitable interview. (5) In the event that there exists a vacancy in a promotional position which must be filled during the months of July and August, written notice of such vacancy shall be mailed by certified mail, return receipt requested, to the WTA President, at the home of the president, at least fifteen (15) working days in-advance of the closing date for the acceptance of application of the appointment to be made. F. DESCRIPTION OF PROFESSIONAL POSITIONS: The parties acknowledge that an efficient, beneficial and quality educational program requires that there be established criteria, qualification and specification for all professional positions in the District. The parties recognize that the education, training, and experience of the teachers of the District are a primary resource for the formulation thereof and should be utilized to that end. The parties further recognize that the said criteria, qualifications and specifications of professional positions should, consistent with sound school policy, be standardized so as to maintain the confidence and integrity of the professional staff of the District. Therefore, to implement the foregoing principle, the Board, in consultation with the Administration, the Association, and the holders of said positions, shall prepare a written description of each holder of said position now existing, including a complete job analysis, specification of duty and qualifications thereof, which shall be available to any member of the professional staff. Changes in said descriptions, or the addition of new positions, may be suggested by either party. All teachers shall be responsible for designing and planning instruction, creating and maintaining a learning climate, implementing and managing instruction, assessing and communicating learning results, reflecting and evaluating teaching and learning, collaborating with parents and colleagues, and engaging in professional development. G. Openings for positions contained within ARTICLES XXIII and XXV of this Agreement will be posted in all school buildings by June 1 st of each school year. Any Association member hired pursuant to the posting shall be notified, in writing, by the District on or before July 31 st '. The posting of the aforementioned positions does not bind the District to fill any non-mandatory position. ARTICLE VIII PERSONNEL FILES AND TEACHER EVALUATION A. PERSONNEL FILES AND TEACHER EVALUATION.: Official teacher files shall be maintained in the office of the Director of Personnel under the following circumstances: (1) No material shall be placed in a teacher's file except by: administrative and/or supervisory personnel of the Wyandanch U.F.S.D. No material submitted by any administrative and/or supervisory personnel critical of a teacher's conduct, service, character or personality shall be placed in the file unless the teacher has had an opportunity to read the material by affixing his 14

24 signature on the actual copy to be filed, with the understanding that such signature merely signifies that he read the material to be filed and does not necessarily indicate agreement with its content. The approval of the building principal and either the director of personnel of the chief school officer must be obtained in writing before any matter set forth herein can be added to the teacher's personnel file. (2) The teacher shall have the right to answer any such material submitted by any administrative and/or supervisory member of the Wyandanch U.F.S.D. and his/her answer shall be attached to the file copy. This response shall be submitted within thirty (30) days after the teacher received the disputed material(s). (3) Upon written request by the teacher to the Director of Personnel, the teacher shall be permitted to examine his file within two (2) working days. (4) The teacher shall be permitted to reproduce any material in his/her file. (5) The teacher shall have the right to have a representative of his/her choosing present when he/she is reviewing his/her file in the presence of the chief school officer or his/her designee. (6) Documents to be placed into a teacher's personnel file shall be presented to the teacher within thirty (30) calendar days from notification of the occurrence of the incident to the principal which caused the document to be written. The teacher shall have thirty (30) calendar days to respond to any document placed in the file. (7) All documents placed in the personnel file that do not meet the above criteria shall be removed. B. OBSERVATION, SUPERVISION AND EVALUATION OF TEACHERS: (1) The parties to this Agreement believe that observation and evaluation of a teacher's performance in the classroom and in the school as a whole is the best means of improving teaching techniques and effectiveness, and thereby, enhancing the quality of the board of education in the District. Observation consists of classroom visits by the Superintendent and/or his/her designee, administrative/supervisory personnel, the principal, the grade or department coordinator and of conferences between the observer and the teacher. Such observations should lead to periodic written evaluations of the teacher's performance in relation to the environment in which he/she is required to work. (2) Besides being the basis for suggested improvement, such evaluations provide the school district with a record of the quality of the teacher's performance over the period of his employment. (3) Each year, non-tenured teachers shall have a minimum of one formal evaluation per semester based upon observations. For the first semester, the first observation shall be completed no later than January 15 th. The Principal shall be responsible for providing the two observations 15

25 and shall determine the formal evaluation by February 1 st for the first semester and by April 30 th for the second semester. Each observation which leads to a written observation shall last for no less than thirty (30) minutes. Unannounced, informal observations shall be at least twenty-five (25) minutes in duration. The form to be utilized for the observation and evaluation of teachers shall be mutually agreed-upon by the WTA and the district. The current SIMS form shall continue to be utilized until the new observation/evaluation form is developed. (4) There shall be no minimum number of evaluations or observations for tenured teachers. (5) Any teacher has the right, upon reasonable request, to be evaluated and/or observed provided same does not create an undue administrative burden. (6) The teacher shall receive a copy of the observation report from the observer no later than one (1) week from the day of observation. This report shall include, but not be limited to, strengths and weaknesses and suggestions for improvement. Whenever possible, or upon the request of the teacher, a conference shall be held prior to receiving the observation report. A conference shall also be held after each evaluation. (7) Prior to any disciplinary action taken against any tenured teacher, by way of Section 3020-a of Education Law, or any other disciplinary action, the following steps must have been taken: (a) In the event said teacher's overall evaluation is unsatisfactory, he/she shall be reevaluated at least two more times prior to May 1 st. If both of these additional overall evaluations are also unsatisfactory, the teacher shall receive a letter of warning. (b) Thereafter, such teacher shall receive two more evaluations during the subsequent school year. If either of the two evaluations is rated satisfactory, the warning letter shall be rescinded in writing. (c) If both of the additional overall evaluations are unsatisfactory, the teacher may be subject to disciplinary action. (d) The procedural steps as described above shall be utilized with respect to evaluating the teaching competence of a tenured teacher. It shall not be invoked when judging such things as: conduct unbecoming a teacher, insubordination, immoral character, inefficiency, physical or mental disability, neglect of duty, or failure to maintain certification. (8) The high quality of education for which Wyandanch strives depends primarily on the teachers that are selected and trained. Recommendation for reappointment or tenure at the end of the satisfactory probationary period shall be made to the Superintendent who, in turn, may make such recommendation to the Board of Education. No probationary teacher will be recommended for tenure or even retained for the second or third year unless he shows promise of being a definite asset to our students and our professional staff. 16

26 (9) The President of the Wyandanch Teachers' Association may recommend changes in the forms for observations and evaluations. (10) Evaluations and/or observations performed consistent with this article on teachers in their incidental teaching assignment shall not be used as the sole or primary basis for the awarding of tenure or for actions pursuant to Section 3020-a of the Education Law. C. PROFESSIONAL RECORDS: All teachers, at the time they begin employment at Wyandanch, shall complete one copy of a personnel record folder. In general, the information requested provides a background of the teacher's education, experience, interests, certification, professional achievement, salary information and other personal data. All documentation shall be completed and filed with the Office of Personnel before the teacher reports to his/her building assignment. Correspondence, evaluations, recommendations from the teacher's previous employer, etc., shall be placed in the copy of the teacher's folder that shall be maintained at the Central office, and this folder shall be the official file. A special card for certification purposes shall be maintained at the Central office for each professional member of the staff. Until a teacher is issued a permanent certificate in the area of employment, his progress toward permanent certification shall be followed by his yearly achievements recorded on his card, maintained for certification purposes. D. Records referred to in "A" and "B" of this article shall be used only for official school purposes and shall not be divulged in writing or verbally unless written consent for the utilization thereof for any other purpose is given by the teacher. E. The office of the Director of Personnel may verify the teacher's length of service, salary and address when requested to do so by a bank, a credit company or finance company. F. Upon discontinuance or resignation from the District, the professional employment record of the teacher may be revealed to prospective employers only upon written request by the teacher. ARTICLE IX LEAVE POLICIES A. SICK LEAVE: Each member of the professional staff shall be entitled to eleven and one-half (11 ½ ) days sick leave per year. The sick leave days shall be usable from the first school day but will be pro-rated if services are terminated prior to the end of the school year. A teacher on tenure who has exhausted his cumulative sick leave may borrow up to ten (10) days of additional sick leave for each year of previous service in Wyandanch, upon Board approval. Unused sick leave shall be accumulated without limitation. If a teacher is terminated and has used sick days which are usable but unearned, the teacher will repay the District for such days. 17

27 To the extent that a teacher has paid sick leave days available pursuant to this Article, said days may be used for personal illness, disability, or sickness of any member of the employee's family. For the purpose of this clause family member shall mean spouse, child, parent, or any dependent residing in the household. Each year a statement of accumulated leave shall be given to each teacher by October. Any teacher required to be absent by the school doctor, due to exposure to communicable disease while in the employ of the school system, shall receive full pay for the time necessary to be away, without loss of accumulated sick leave days, upon Board approval. B. LEAVE OF ABSENCE WITHOUT PAY: Leaves of absence without pay may be granted for any approved reason. The purpose and length of said leave shall be specified in application to the chief school officer who shall forward it with his recommendation to the Board. All such leaves are subject to Board approval. Sick leaves do not in any way jeopardize tenure, previously accrued sick leave, or previously accrued eligibility for fellowships. C. PERSONAL DAYS: A personal day is hereby recognized as one of specific significance to an individual because of his own private circumstances. Each member of the staff shall have available the use of two (2) personal days away from school duties and, in accordance with the above, and with complete respect for the professional discretion of our staff; no member shall be called upon to bare the details of his personal affairs. Absence due to sickness or death in the family shall not be deemed a personal day. Prior written arrangements shall be made with the building principal. EMERGENCY PERSONAL BUSINESS DAYS: In the event of an unforeseen circumstance, a teacher may use one (1) and/or two (2) of their Personal Business Days without prior submission of the Leave Form. (1) The teacher must notify the personnel department within three (3) hours prior to the beginning of his/her workday. (2) The teacher must complete the Leave Form on the first day he or she returns to school. (3) If the teacher calls in less than three (3) hours before the start of his/her school day and a substitute is not secured, the said teacher's classes will be covered by his or her colleagues without compensation. A WTA representative shall sign the Leave Form pursuant to this subdivision. If unused, personal business days shall be accrued as sick days, pursuant to Paragraph "A" above. (4) Personal business days may not be used on the day before or the day after a recess period of five (5) or more consecutive school days. 18

28 D. BEREAVEMENT LEAVE: The period of mourning for a death in the family of a professional staff member shall be allowed to a maximum of five (5) days with full pay. This time shall be allowed for a spouse, child, parent, grandparent, sibling, grandchild, and/or father or mother-in-law. E. FMLA AND CHILD CARE LEAVE (1) FAMILY AND MEDICAL LEAVE: Consistent with the Family and Medical Leave Act of 1993, the Wyandanch Board of Education recognizes the right of eligible employees to unpaid family and medical leave up to a period of twelve (12) weeks during a twelve (12) month period. The Board shall ensure that all eligible employees who use such leave shall have their health insurance benefits continued during the leave and shall not have any previously accrued benefits altered. Every reasonable effort shall be made to return teachers utilizing FMLA leave to the same position last held by the teacher subject to a final determination by the Superintendent as to the best interests of the students being taught. If the last position held by the employee has been terminated, the employee shall be returned to an equivalent position in conformity with the provisions of the FMLA. To be eligible for family or medical leave, an employee must have been employed for at least twelve (12) months prior to the commencement of the leave. Family leave shall be provided to any eligible employee, regardless of gender, when a child is born to the employee, or when one is placed with the employee for adoption or foster care. Medical leave shall be granted to any employee, regardless of gender, in order for the employee to take care of a spouse, child or parent who has a serious health condition, or when the employee has a serious health condition rendering him/her unable to perform the functions of the employee's job. Any eligible employee taking a family or medical leave pursuant to this section shall not be required to use accrued paid personal, family or sick leave for purposes of either a family or medical leave. The accrual of seniority and the maintenance of any benefits shall remain in effect during the course of this medical or family leave, provided that this leave does not exceed twelve (12) weeks in a year, and provided that the employee returns from the leave, unless such failure to return is a result of the continuation, recurrence, or onset of a serious health condition, or is due to circumstances beyond the control of the employee. (2) CHILD CARE LEAVE: Upon request to the office of the Chief School Administrator, any teacher shall be entitled to a leave of absence without pay for a period of up to two (2) years for child care purposes. Teachers who intend to take a child care leave which would commence during the school year shall provide notice of such leave by August 1 st (for leaves to commence in the fall semester) and January 10 th (for leaves to commence in the spring semester). Such leave shall terminate as of September 1 st or February 1 st of a given school year; however, as to those leaves 19

29 granted for a period of more than one year, said leave shall terminate as of September 1 st of a given school year. Additional months of leave shall be provided beyond the two year leave period in order to allow for the leave terminating as of the commencement of a school year. Notice of intent to utilize child care leave pursuant to this section shall not be granted unless the teacher provides a minimum of sixty (60) days advance notice prior to the commencement of such leave. All other benefits accruing to teachers who utilize child care leave pursuant to this section shall be maintained as per the parties practice in effect on September 1, F. JURY AND COURT APPEARANCES: It shall be an approved absence where a teacher is required to perform jury duty or is required to appear as a witness in an action or proceeding where the school district is involved and the teacher is a part or witness in the action or proceeding; or where the teacher has been subpoenaed as a witness to appear before any court and/or governmental agency, except if the matter involves the teacher's own lawsuit and the District is not a party. But in such case, the teacher may use personal days, or if none are accumulated, sick leave, if any. The teacher shall immediately notify his building principal of the notification for jury duty or the receipt of a subpoena requiring attendance and shall, as soon as reasonably possible thereafter, furnish to the building principal the jury notification or subpoena. With respect to jury duty, the daily remuneration for such service received by the teacher will be paid over to the business office of the school. The teacher shall receive his full salary for a number of days necessary to perform the foregoing leave allowances. G. VISITATION: Leave of absence with full pay not chargeable against leave allowance shall be granted for two (2) days of visitation of other schools or school districts, with Principal approval, and with final Superintendent approval. H. SELECTIVE SERVICE: Sufficient time necessary for the purpose of selective physical examination shall be granted with full pay not chargeable - against the teacher's leave allowance. I. RESERVE MILITARY DUTY: Teachers shall be permitted two (2) week's full pay without such absence being chargeable against leave allowance for reserve duty in the armed forces, if he/she should be required to so serve. Full pay shall be dependent upon evidence of request and rejection of Reserve Military Duty during the summer vacation period. J. PROFESSIONAL CONFERENCE DAYS: Elected delegates who must attend conferences of their organizations shall be granted time at the rate of one (1) teacher representative for a maximum of four (4) days per year, with a maximum of six (6) delegates, with the approval of the WTA President. 20

30 WTA members who serve on the WTA negotiating team shall be granted time consistent with this provision during school years in which negotiations for a successor collective bargaining agreement are occurring. K. (1) If a teacher does not use any sick days granted by Article IX, Section A, per semester, the teacher shall receive by February 10 th and/or July 10 th, a sum of money equal to 2½ days pay at twice his/her daily rate of pay. (2) If a teacher uses one- half (½) sick day in first semester, then he/she shall receive no benefit that semester. If a teacher uses ½ sick day during the second semester and has already received a benefit under K(1) above, then that teacher shall receive no benefit during the second semester. (3) If a teacher uses one- half (½) sick day(s) only during both semesters (for a cumulative total of one (1) day for the year), then he/she shall receive a sum of money equal to four (4) days pay at his/her daily rate of pay by July 10 th. (4) If a teacher uses at least one (1) sick day in either semester, he/she shall receive no money during the semester when the sick day(s) was/were used. If a teacher uses two (2) sick days total for the entire year and is not eligible for one of the four (4) above provisions, he/she shall receive a sum of money equal to three (3) days pay at one-half (½) his/her daily rate of pay. The daily rate of pay shall be equal to 1/200 th of the teacher's annual salary. In both January and June of each school year, each teacher shall notify the District by signing and returning a form provided by the District indicating if he/she wishes to receive such payment. If the teacher declines, the days shall accumulate in accordance with the terminal conversion article. If the money is received for each day's pay, there shall be no accumulation of those days, however, the remaining days shall continue to accumulate as per Article IX, Section A and the terminal conversion Article. Probationary teachers, teachers meeting the notice of eligibility criteria pursuant to Article IX of this Agreement, and teachers whose selling back of sick leave days would qualify them for the notice of eligibility pursuant to Article IX M of this Agreement in the ensuing school year, are precluded from selling back sick leave days pursuant to this clause. However, teachers who have completed twenty (20) years of service in the District and who enter a school year with a minimum of sixty-three (63) days of accumulated sick leave shall be eligible to sell back sick leave days consistent with this Article. L. The terms of the Sick Bank shall be as indicated in Appendix VIII. If the total number of days available in the bank falls below 75 by September 1 st of any school year, each member of the bank shall be assessed one additional day. M. A teacher who has accrued less than thirty (30%) percent of his/her total allowable accumulation of sick leave by August 31 st of each year and who utilizes more than ten and one 21

31 half (10 ½) sick days during the ensuing school year, may receive a notice from the Personnel Office regarding their use of sick days. If such a notice is received, the teacher may appeal to the Superintendent and/or his/her designee. If the teacher is dissatisfied with the result of the appeal, he/she may further appeal to the Board of Education. If the Board of Education concurs with the decision reached by the Superintendent, the teacher shall receive a written warning. If the Board concurs with the teacher, all records of the notice of possible excessive use shall be destroyed. The first occurrence shall be defined as a continuous absence that does not exceed five (5) school days. A teacher who has utilized excessive sick leave as defined above, may be penalized a second sick day concurrent with any further use of sick leave that year. Any teacher who has provided the District with twenty (20) or more years of service shall not be charged with excessive use of sick leave days until the second consecutive year in which the alleged excess occurs. ARTICLE X INSURANCE AND MEDICAL EXAMINATIONS (1) AUTOMOBILE DAMAGE: All teachers shall be entitled to be reimbursed up to five hundred ($500) dollars for any damage sustained to their automobiles caused by a non-teacher while on District property when carrying out their regularly assigned and/or extra curricular duties. In order for a teacher to make such claims, said damage must be reported to the local police precinct and to the school administration within twenty-four (24) hours or the next school day and there can be no contributing negligence. The District reserves the right to have an independent appraisal of any alleged damage. The opinion of the appraiser shall be final and the appraiser must be willing to repair the automobile for the price quoted. No teacher shall be able to submit more than two (2) claims per contract year. Reimbursement for damage exceeding five hundred ($500) dollars shall be at the discretion of the Superintendent. (2) A. HEALTH INSURANCE: Effective July 1, 2004 and thereafter, all employees shall be required to contribute 10% of the cost of premium for individual/family/dependent coverage. Further, effective July 1, 2004 and thereafter, the District's healthcare program shall provide no less coverage than that which is provided by the aforesaid Empire Plan as it exists on July 1, 2004 and each year thereafter. Effective July 1, 2013, employee contribution shall increase to 12.5% of the cost of premium for individual/family/dependent coverage. Effective July 1, 2014 and thereafter, employee contribution shall further increase to 15% of such coverage. Those employees who retire prior to July 1, 2004 will be provided with the same health insurance coverage as is provided to active employee except that said retirees will make no contribution to the cost of the premium. Those employees who retire effective July 1, 2004 and 22

32 thereafter, will make the same contribution toward the cost of health insurance premiums as is made by an active bargaining unit member for individual/family/dependent coverage except that those retiring from the New York State Teachers' Retirement System in the first year in which they are eligible to retire the System without penalty and those employees with fifteen (15) or more years of full-time service to the District, who retire from said State System immediately upon termination of employment from the District, will make no contribution to the cost of health insurance coverage in retirement. For those teachers who retire from the New York State Teachers Retirement System in the first year of eligibility to do so without penalty pursuant to this paragraph and whose first day of retirement is July 1, 2016 or thereafter, an annual contribution to the cost of premium of $900 shall be required for individual coverage and $1,800 for family coverage. The District shall terminate payment of health insurance premiums for retired persons and/or family members upon the death of the retiree. Any out-of-pocket cost(s) to a member for a pre-existing condition which was covered by the Empire Plan as of August 31, 1994, and for practitioners who were covered by the Empire Plan as of August 31, 1994, and/or for services covered by the Empire Plan as of August 31, 1994, shall be borne by the District. The District agrees to reimburse each member for such outof-pocket costs within thirty (30) days of being notified by the member of the added out-ofpocket costs to the member. In situations in which the added out-of-pocket costs to a member exceeds one thousand ($1000) dollars, the member may elect to submit proof of such added outof-pocket costs directly to the District business office and the District agrees to reimburse the member for the added out-of-pocket costs within fourteen (14) business days of its receipt of said proof. It is not the intent of this section to reimburse members for out-of-pocket costs and/or copays which were not reimbursable under the prior plan. Members who utilize the Section 125 plan shall not be reimbursed for out-of-pocket costs unless such costs were previously covered by the prior plan and are not covered by the new plan. The District selected health care program replacing the Empire and H.I.P. plans may not be changed without the consent of the WTA. B. LIFE INSURANCE: The Board shall provide for each teacher fully-paid life insurance totaling one and one-half (1½ ) times the salary step of each teacher at the time, not to exceed SIXTY THOUSAND ($60,000) DOLLARS. C. PHYSICAL EXAMINATIONS: Before beginning employment, during the tenure year, and every three (3) years thereafter, each member of the staff will submit a report of a physical examination. If a teacher chooses to be examined by the school doctor, the school district will bear the expense; if the teacher prefers to be examined by his/her private physician, the school district will pay the teacher the same amount of money which it would have paid to the school doctor for such examination. The physician's report of the teacher's physical examination must be completed on the Wyandanch physical examination forms. These forms will be furnished by the building principal. If the teacher wishes to be examined by the school 23

33 doctor, a special form shall be obtained from the principal to authorize the school doctor to make the examination. Teachers may obtain physical examinations between July 1 st and September 30 th for the forthcoming year. The report of the physical examination will be submitted to the District by the teacher by October 1 st of each school year. The District will announce to all teachers by June 30 th the dates, time and places that the school doctor will conduct physical examinations. The District will attempt to have the physical examinations scheduled on school property. D. AUTOMOBILE INSURANCE: Teachers who are required to use their automobile pursuant to their duties as approved by the Central Administration, upon application shall have coverage within the school district's auto insurance policy. E. DENTAL PLAN: The District shall pay one hundred percent (100%) of the premium for individual and/or family coverage for a mutually agreed-upon dental plan. Any premium payment in excess of six hundred ($600) dollars per year shall be borne by the teacher. F. DISABILITY INCOME PROTECTION PLAN: Subject to Article X, Section G, all teachers shall receive an individual disability insurance protection plan for six (6) months. This benefit is provided by New York State Disability Insurance and is subject to any and all requirements thereof now in effect, or as may be changed by New York State hereafter. G. For any teacher beginning employment effective 11/19/79 or later, disability benefit shall be provided after two (2) years of service in the District and dental benefits shall be provided after two (2) years of actual service in the District to be effective as of July 1, Any teacher affected by the previous sentence shall have the option of being covered by either the disability and/or the dental plan by paying the District's cost of the premium for said plan(s). H. Any teacher covered by the HEALTH INSURANCE or DENTAL INSURANCE plans shall have the option of withdrawing from said plan(s). A teacher who decides to drop his/her coverage shall notify the District, in writing, by October 1 st of the school year in which coverage is to cease. Effective July 1, 2008, members who elect to decline medical coverage from the district shall receive 50% of the premium difference between family and individual. If the teacher subsequently decides to re-enter the plan, he/she must give the District 60 days' written notice. Except for any emergency, no teacher shall be permitted to avail himself/herself of more than two (2) changes per contract year. I. The District will pay one hundred percent (100%) of the premium for a mutually agreeable optical plan. Any premium payment in excess of one hundred ($100) per year shall be borne by the teacher. ARTICLE XI TEACHER FACILITIES Each school shall have the following facilities: 24

34 (1) The District will provide locked space, with all deliberate speed, in each classroom in which teachers may safely store personal belongings, instructional materials and supplies. (2) Automatic duplicating machines in each department office, as well as automatic duplicating machines in each faculty lounge, for the use by teachers in preparing instructional material. It will be an administrative responsibility to obtain maintenance and repair of this equipment when malfunctions are reported by the teachers. (3) Clean and well-lighted teacher rest rooms. (4) Appropriately furnished faculty lounges, such furnishing to include work table, typewriters, and book shelves as the ordinary furnishing designed for relaxation. (5) Contingent upon availability of funds, the District will provide a workable communication system, where feasible, in every building so that teachers can communicate with the main office from their classrooms. (6) An indexed and catalogued central file in each building for all teaching material shall be maintained and supervised in such a way that it shall be accessible to both students and teachers in a neat and orderly manner. The maintenance of these facilities shall be the responsibilities of the clerical staff or designated teacher aides in each building. (7) A resource center for professional materials shall be maintained in each building. (8) Each teacher shall be provided with a desk which can be locked and a chair of his own, not to be shared with any other teacher in the same session. (9) A two-drawer file shall be made available for teachers. ARTICLE XII ASSOCIATION PRIVILEGES A. MEETINGS: The Association Building Representative may call a meeting of the Association members which will not interfere with the instructional program. Arrangements will be made for the time and place of the meeting through the principal's office. An office or room within the school district shall be made available to the Association for its own purposes, if possible. B. BOARD MEETINGS: (1) A place on the agenda at all regular Board meetings shall be reserved for the use of the Association. A member of the Association may be present at all public Board meetings. The 25

35 District Clerk of the Board shall make available meeting notices to the Association concerning regular Board meetings. (2) The agenda of the board meeting shall be available to the President of the Association at the same time it is presented to the Administration. (3) Copies of completed Board minutes shall be made available to the President of the association within two (2) days of their adoption. C. At the request of either party, the Board and representatives of the Association shall meet to discuss matters of mutual concern. D. The District will provide a bulletin board for use only by the WTA in a teachers lounge in each building. E. The WTA president shall not be assigned a duty period during the normal workday, but shall have the same daily equivalent of time to perform duties appropriate to the position of WTA president. If scheduling permits, this period of time shall not occur during the first two hours of the school day. ARTICLE XIII COACHES The Board shall employ persons as coaches in accordance with statutory provisions only. ARTICLE XIV TEACHER PROTECTION A. ASSISTANCE IN ASSAULT OR CIVIL CASES: Teachers and principals shall be required to report promptly all cases of assault suffered by teachers and/or civil actions filed against them in connection with their employment to the supervising principal. The Superintendent shall acknowledge receipt of such report. The School Board attorney shall inform the teacher of his rights under the law. The School Board attorney shall notify the teacher of his/her readiness to assist the teacher as follows: (1) By obtaining from the teacher, principal and/or police, relevant information concerning the incident; (2) By accompanying the teacher in court appearances; and (3) By acting in other appropriate ways as liaison between teacher, police and the courts. 26

36 B. LEGAL COUNSEL: The Board agrees to provide legal counsel to defend any teacher in any action arising out of an assault case on a teacher or any disciplinary action taken against a student by a teacher. The District will conform to the appropriate legal statutes (Section 3028 of Education Law) in this matter. C. COMPENSATION FOR LOST TIME: In the event of an assault on a teacher in the performance of his/her duties, said teacher can request up to ten (10) paid sick days not to be deducted for his/her sick leave, subject to the approval of the Superintendent and appealable to the Board of Education. In the event a teacher becomes disabled by reason of assault, either wholly or partially sustained or contracted while in the performance of his/her regular or extracurricular duties, he/she shall be entitled to receive up to twenty-six (26) weeks of salary and benefit continuation provided Workers' Compensation determines that a disabling condition, so caused, exists for said period. In the event a teacher becomes disabled by reason other than assault, either wholly or partially sustained or contracted while in the performance of his/her regular or extra-curricular duties, he/she shall be entitled to receive up to twenty-six (26) weeks of salary and benefit continuation after having received twenty-six (26) consecutive weeks of payments by Workers' Compensation, provided the disabling condition, so caused, still exists as determined by Workers' Compensation. There shall be no charge made against a teacher's accumulated sick leave for time lost pursuant to this clause. In the event the teacher is eligible to receive benefits under Workers' Compensation Law or benefits from any other source, for example, disability insurance, for loss of time from injury or assault, or for a period of his/her disability, he/she shall be required to pay same over to the District for that award period which is simultaneous with the salary and benefit continuation period. It is understood, however, that in the event a teacher receives a "lump sum" settlement or award for a schedule loss or reimbursement for any medical expense incurred or paid by the teacher, under the said Workers Compensation Law, said recovery or reimbursement shall not be required to be paid to the Board by the teacher to the extent of monies reimbursed in salary for lost time. ARTICLE XV STUDENT DISCIPLINE The parties agree that the primary responsibility for the maintenance of discipline in the classroom is that of the teacher. However, it is the responsibility of the Administration to give support and assistance to the teacher with respect to the maintenance and control of discipline. It is therefore agreed that the parties (administration, teachers, and students) will jointly develop a district-wide policy for the implementation of the above principles. 27

37 The administration shall create a reasonable and practicable code of conduct for all children within the District. It shall be the responsibility of the administration, teachers, and students to see that the case is strictly and equitably adhered to. I. DISRUPTIVE CHILD. A. DEFINITION: A disruptive child shall be defined as one who continually infringes upon the rights of other students to learn and upon the teacher's opportunity to teach. B. PROCEDURE: The successful resolution of the problem of disruptive classroom behavior begins with the teacher. The attempt by teachers to contact parents is of the utmost importance. These efforts toward contact are to be documented and are of absolute necessity. If the above-mentioned efforts are unsuccessful, the building principal will be contacted and the school liaison may be consulted for further assistance. C. If the problem persists, the child shall be considered by the teacher, principal and a representative of pupil personnel service to determine if the child is disruptive and shall recommend a course of action. Therefore, within twenty (20) days, the District shall take action to bring resolution to the matter. D. STUDENT GOVERNANCE: Effective September 1, 2005 the District and the WTA agree to establish a joint committee to address the subject of student governance. The joint committee shall review the policies and procedures utilized by the District in all areas of student governance, including students' code of conduct and the application of District policies and procedures in the area of student governance. The joint committee on student governance shall consist of representative(s) appointed by the Superintendent, representative(s) appointed by the WTA president, a parents' representative and a students' representative. Such other members of the committee may be included by the mutual consensus of the committee members. ARTICLE XVI APPOINTMENT, PROBATION AND TENURE (1) All employment of professional people shall be restricted to individuals who have completed the requirements for a college degree and are duly certified by the State of New York in their teaching area, except in an emergency or when no certified teachers are available. (2) A teacher shall begin employment with an appointment as a regular teacher for the statutory probationary period. The teacher's performance shall be subject to review and evaluation during the probationary period in the specific area of employment. Upon the statutory completion of the statutory probationary period in the same area of employment, the teacher shall become eligible for recommendation for appointment to tenure. 28

38 (3) Each year during the probationary period, the teacher will be advised in writing of his reappointment for the following year when such action is taken by the board. Likewise, he will be notified in writing when he has been approved for appointment to tenure. Both types of notification shall be made no later than sixty (60) calendar days prior to the teacher's anniversary date. (4) The direction and final responsibility for reappointment, transfer, dismissal, annual reappointment and tenure recommendation of teaching personnel shall continue to reside with the personnel officer and chief school officer. The Association agrees that the District has the discretion to request of those teachers whose probationary period begins on or after September 1, 1992, to waive their right to be recommended for tenure and the rights ascribed to a tenured teacher until they have fulfilled the qualifications of professional certification to the satisfaction of the District. Under no circumstances will the District's actions supersede the laws of New York State. (5) Department heads or grade coordinators shall be consulted in the firing, transferring and placement of teachers. In the event a probationary teacher is suspended, recommended for dismissal, or asked to resign, he/she shall be entitled, upon request, to receive from the Superintendent a written statement of the reasons bringing about the action. Similarly, a probationary teacher may also, upon request to the Board of Education, receive a fair and impartial hearing regarding the circumstances surrounding his/her dismissal. The teacher shall be entitled to a representative of his/her own choice at such hearing. ARTICLE XVII HOME TEACHING Home teaching is provided to all students when it is determined that they will be absent from school for an extended period. Teaching services to homebound students will be provided by members of our staff, with Board approval. The teacher of the student who has been placed on a home teaching status will be given the opportunity to provide the instruction for his student. If this teacher is unable to provide this service, the selection of teachers for this extra responsibility will be made by the building principal. Such assignments will be made on a rotating basis after attempting to select the teacher most qualified. Effective February 1, 2008, the rate of compensation for teachers employed for home teaching duty shall be $48.00 per hour for the duration of the contract. 29

39 ARTICLE XVIII CREDIT FOR PREVIOUS EXPERIENCE A. PLACEMENT ON THE SALARY SCHEDULE: Any person on the professional staff of the District of Wyandanch shall be placed on the salary schedule, by mutual agreement, and at the commencement of employment in the following manner: (Such agreement should be signed by the Superintendent and the prospective teacher.) B. Up to ten (10) years of experience outside the District as a regularly assigned full-time teacher, at the rate of one step per year regardless of public, private school or college as long as the school is accredited. It is understood that credit for previous experience as described in preceding Sections shall be credited at the District's discretion. C. In addition to teaching experience, a person shall receive salary step credit for up to five (5) steps for journeyman trade and/or business experience at the rate of one step for every two years of experience, for teachers of Industrial Arts, Fine Arts, and Business Practices. D. A maximum of one (1) step on the salary schedule shall be granted for military service. It shall be granted for two (2) or more years of active military service or six (6) months or more of overseas duty. E. The Board may increase the above steps of credit as warranted in its judgment. F. Under no circumstances shall the aforementioned experience be considered to accumulate concurrently. ARTICLE XIX GRIEVANCE/ARBITRATION PROCEDURES INTRODUCTION: Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement. Neither denial of tenure nor any board decision under Article XVI (5) shall constitute a grievance. A. DEFINITION OF TERMS: (1) GRIEVANCE: Any alleged violation, misinterpretation, failure or omission to carry out, or unfair application of law, policies, rules or regulation of the school district or any dispute concerning the meaning, interpretation or application of this agreement. A grievance may concern any working condition tending to endanger or handicap an employee in the proper discharge of his duties. 30

40 Among those matters eligible for consideration but not limited by the grievance processes shall be assignment, work load, working hours, salary classification, extra duty pay, employee records, promotions, and leave, teacher-administration relations (and any other areas and referred to in Paragraph 4, Section 602 of Article 16, Chapter 555 of General Laws). (2) AGGRIEVED PARTY: The Association, an employee or group of employees included in the negotiation unit covered by this Agreement or the Board. (3) REPRESENTATIVE: Any persons selected by the aggrieved party. (4) DAY: A day in which school is legally in session. B. PROCEDURAL STEPS: All grievances shall be in writing and shall include a concise statement of the nature of the dispute and the position of the Association with respect thereto and filed within thirty (30) days after the grievance has occurred or the aggrieved party had knowledge thereof. Such grievances shall be resolved as follows: STEP 1: The grievance shall be presented to the School Principal or immediate supervisor of the teacher or teachers concerned therewith. Such principal or supervisor shall then meet and confer with the designated Association school representatives and such teacher or teachers. All grievances involving salary or benefits shall be filed with the Personnel Director at Step 1. In the event the grievance is not resolved within five (5) days following presentation to the principal or supervisor, it thereafter may be submitted by the Association to the Superintendent within fifteen (15) days from the date of original filing. STEP 2: The Superintendent and/or his designee will hear the grievance at Step 2 within ten (10) days. STEP 3: In the event a grievance affecting the meaning, interpretation or application of this contract is not resolved within ten (10) days following submission to the Superintendent, it thereafter may be submitted to an arbitrator for final and binding determination. Effective September 1, 1992, the parties agree to utilize the American Arbitration Association. The arbitrator so selected shall hear the matter without delay and issue his award within fifteen (15) days thereafter. Such award shall be binding in nature. The cost and expense of the arbitration shall be divided equally between the Board and the Association. No grievance except those affecting the meaning, interpretation or application of this contract may proceed beyond Step 2. C. GENERAL PRINCIPLES: (1) The failure of an aggrieved party to raise a grievance in the prescribed time period or to proceed to the next step within the time limits set forth shall be deemed to be an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the particular grievance; provided, however, in the event new facts are obtained which were not previously known but which, if they had been known, might have influenced the dispositions of the grievance, the presentation of such information to the parties in interest shall constitute grounds to reopen the grievance procedure at that level at which it had been terminated; 31

41 provided, further, in the event a decision has been rendered in a grievance and the decision has not been implemented or has been violated, the presentation of such evidence to the parties in interest shall constitute grounds to reopen the grievance at the level at which it had been terminated. (2) At any level, the failure of an administrator to communicate his decision to the Association within the specified time limit shall permit the Association to proceed to the next step. (3) If a grievance is filed on or after June 1 st, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth herein shall be reduced so that the grievance procedure shall be exhausted prior to the end of the school year or as soon thereafter as possible. The parties agree to submit a grievance filed after June 1 st to expedited arbitration i.e., have expedited arbitration rules of the American Arbitration Association apply for use by the arbitrator used by the parties. (4) Forms for filing grievances, serving notice, taking appeals, making reports and recommendation, and other necessary documents will be jointly prepared. The Board shall then print appropriate supplies of such documents and give them appropriate distribution so as to facilitate operation of the grievance procedure. (5) Decisions rendered at each step of the grievance procedure shall be in writing, setting forth the decision and the supporting reason thereof, and will be promptly transmitted to all interested parties. (6) If, in the judgment of either party, a grievance affects a group or class of teachers and appears to arise from the alleged action of authority higher than the principal of a school or is associated with system-wide policies, it may be submitted directly at Step 2 described above. (7) If unable to accomplish it after the hours of employment, investigation of grievances as may be required shall be conducted during the school day without interruption of classes. In the course of such investigation, representatives of the Association will advise the Principal of the building being visited of the purpose of the visit immediately upon arrival. Every effort will be made to -avoid interruption of classroom activities and to avoid involvement of students in any phase of the grievance procedure. (8) Nothing contained herein will be construed as limiting the right of any party having a grievance to discuss the matter informally with any appropriate member of the formal procedure, provided such adjustment is not inconsistent with the terms of this Agreement. ARTICLE XX SUCCESSOR AGREEMENTS A. On or after February 1, 2016, either party may notify the other, in writing, that negotiations are required on negotiable items for the collective bargaining agreement for the 32

42 succeeding school year. The notice shall set forth the times which that party desires to negotiate. Negotiating sessions shall commence within ten days of the notice initiating negotiations. B. During the term of this Agreement the parties shall make every effort to formulate and appoint joint administrative staff to explore by means of investigation, discussion or otherwise, recommendations to the parties which may be the basis of negotiations, as herein defined, of the items sought to be negotiated. C. The Board shall direct the Superintendent and his administrative staff to make available to the Association all fiscal and other District information which is relevant to the items sought to be negotiated. ARTICLE XXI COLLEGE/UNIVERSITY CREDITS AND IN-SERVICE COURSEWORK 1. A. All graduate credits earned at a college or university accredited by the NYS Department of Education shall be recognized for movement across the salary schedule. B. All coursework completed at a college or university accredited by the NYS Department of Education which is necessary for a teacher to become certified or recertified shall be recognized for movement across the salary schedule. C. In-service coursework completed at OWL, SCOPE, and BOCES, and/or in-service coursework provided by the school district, shall be recognized for movement across the salary schedule. D. Fifteen (15) hours of any on-line course shall equal one (1) credit toward horizontal movement on the salary schedule. E. At the discretion of the Superintendent, the following may also be recognized for movement across the salary schedule: (1) In-service coursework completed at other educational or professional institutions accredited by the NYS Department of Education, (2) undergraduate coursework completed by a teacher which is not necessary for the teacher's certification or recertification, (3) travel which included substantial formal study, and (4) the authorship of scholarly articles/publications which have not been otherwise used in satisfying requirements for a degree for which credit has previously been claimed. 2. Rules for the application of college coursework, in-service coursework and/or online coursework for movement across the salary schedule: A. Pertinent, detailed information on proposed coursework must be provided by the applicant to the Superintendent prior to the beginning of the course. Responsibility for this rests with the applicant. 33

43 B. Evidence of satisfactory completion of coursework must be submitted to the Superintendent in the format designated by the Administration before salary increases may be paid. C. Credit for completed in-service, undergraduate or post-graduate coursework pursuant to Sections 1A, 1C and 1D herein shall be limited to fifteen (15) credits in a school year. However, credits earned in accordance with 1B herein, credits earned in an advanced educational certification program, and/or credits earned in a Ph.D or Ed.D program provided by a college or university accredited by the NYS Department of Education shall be exempted from this limitation. ARTICLE XXII COMPACT FOR LEARNING Any committee established pursuant to Section of the Commissioner's Regulations (A New Compact for Learning) shall include teacher member(s) appointed by the WTA who shall serve without compensation. In matters wherein actions taken by such committees conflict with any provision of this Agreement, the rights, procedures and/or working conditions ascribed to teachers pursuant to this agreement shall prevail. Extra Classroom Activities* ARTICLE XXIII SALARY DIFFERENTIAL FOR ALL STUDENT-ORIENTED EXTRA ACTIVITIES POSITION EFF. 9/1/04 HS Council Advisor $2,845 School Treasurer $2,845 Yearbook Advisor $2,845 Senior Class Advisor $2,845 Cheerleading $2,320 Junior Class Advisor $2,200 Marching Band Director $2,200 Chorus Director $2,200 Drama Club Advisor $1,940 Newspaper Advisor $1,940 Freshman Class Advisor $1,795 Sophomore Class Advisor $1,795 HS Other $1,530 Elementary Chorus $1,515 All Middle School $1,425 All Elementary School $

44 * The extra-classroom activities listed above shall comply with all Rules and Regulations established by the NYS Commissioner of Education. It shall be the responsibility of the District to provide the applicants to the above positions with the appropriate Rules and Regulations within ten (10) days of appointment. POSITION Coaching Stipends* Athletic Director $7,975 Varsity Football $6,160 Varsity Cross Country $5,805 Varsity Basketball $5,805 Varsity Wrestling $5,805 Varsity Baseball $5,805 Varsity Track $5,805 Varsity Lacrosse $5,805 Varsity Soccer $5,805 Varsity Softball $5,805 Varsity Volleyball $5,805 Asst. Varsity Football (2) $4,970 JV Football (2) $4,560 Asst. Varsity Basketball $4,265 JV Basketball $4,265 JV Wrestling $4,265 JV Baseball $4,265 Asst. Varsity Tract $4,265 JV Soccer $4,265 JV Softball $4,265 JV Volleyball $4,265 JH Football (2) $3,070 JH Basketball $2,950 JH Wrestling $2,950 JH Baseball $2,950 JH Track (2) $2,950 JH Lacrosse (2) $2,950 JH Soccer $2,950 JH Softball $2,950 JH Volleyball $2,950 Intramurals $1,315 * Coaching stipends shall be paid at the rates described above provided that the coaches/teams 35

45 are in compliance with all applicable time schedules concerning players' physicals and practice time. The failure of a coach/team to be in compliance with applicable time schedules may result in the pro-ration of the above stipends until compliance with the applicable time schedule is met. CHAPERONES, SUPERVISORS, TIMERS AND SCORERS Effective September 1, 2005, teachers shall be compensated for chaperoning, supervising, timer and/or scorers duties at plays, musicals, sporting events, or other extracurricular activities at the rate of $40.00 per session. Compensation for such duties shall be at the rate of $61.00 per session. Effective September 1, 2005, teachers shall be compensated for chaperoning, supervision, time and/or scorers duties at plays, musicals, sporting events, or other extracurricular activities at the rate of $61.00 per two games in a row. The Football Photographer will be paid $54.00 per game. Compensation for such duties shall be at the rate of $46.00 per event. All coaches of Varsity Teams which enter post-season play will be reimbursed one hundred percent (100%) of their prorated weekly stipend for each week their teams are in the playoffs. The Cheerleading Supervisor shall receive the same rate of pay as the Varsity Coaches during post-season play. Eff. 9/1/08 Single Session $40.00 Double Session $61.00 ARTICLE XXIV RETIREMENT INCENTIVE/TERMINAL CONVERSION A. Upon retirement, after twenty (20) years of actual service in the District, a teacher shall receive payment as follows: Effective February 1, 2008, teachers retiring pursuant to the terms and conditions of the New York State Teachers Retirement System (i.e. those teachers ages fifty-five (55) and above) shall receive the sum of ten thousand ($10,000) dollars plus all unused sick leave days divided by two (2) and multiplied by one two hundredth (1/200) of his/her then current annual rate. The number of unused sick leave days shall not exceed two hundred forty (240) days. B. Notice of retirement pursuant to the benefit provided in Section A above shall be provided by April 30 th of each school year. Payment shall be made July 2nd, or the day after the last day of employment, whichever is later. 36

46 ARTICLE XXV SUPERVISORY AND SPECIALISTS SALARY DIFFERENTIALS A. DISTRICT SUPERVISORS Position Eff. 9/1/04 Music $3,060 Special Education $3,060 Library Educational Communications $3,060 All other district-wide positions created by the Board shall receive the same stipend as above. B. COORDINATORS High School Coordinators $4,725 Elementary and Middle $3,200 School Coordinators The parties agree that the title of grade chairperson shall be changed to elementary and middle school coordinators and there shall be no fewer than eight (8) so appointed in these areas. C. SCHOOL PSYCHOLOGISTS School Psychologists $3,020 D. ADVANCED EDUCATION Teachers holding advanced degrees/certifications shall receive additional compensation as indicated in (1) or (2) below: (1) Effective February 1, 2008, any teacher in possession of a Ph.D or Ed.D., from an accredited college or university shall be entitled to a stipend of three thousand three hundred seventy-five dollars ($3,375) per year. (2) Any teacher in possession of an S.A.S. or S.D.A. certificate issued by the New York State Education Department shall be entitled to a stipend of two thousand two hundred fifty dollars ($2,250) per year. (3) Stipends awarded pursuant to Article XXV E (1) (2) will be awarded semiannually on September 1 st and February 1 st based upon documentation in the employees' personnel file on those dates. 37

47 ARTICLE XXVI MISCELLANEOUS ITEMS (1) The Board shall continue its policy of not discriminating against any teacher on the basis of race, creed, color, national origin, religion, sex, marital status, sexual orientation, or membership in any teacher organization. (2) The Association shall continue to admit persons to membership without discrimination on the basis of race, creed, color, national origin, religion, sex, marital status, sexual orientation, and to represent equally all teachers who wish to be so represented, without regard to membership in any teacher organization. (3) In the belief that the human relations aspect of the teacher-learning process is fundamental, and that all teachers inevitably serve as important models for young people, all faculty members agree to be accessible to students who need extra help or counseling in regard to school or personal problems; and further, that they will from time to time specifically encourage and invite their students to avail-themselves of this opportunity. (4) All uncertified professional personnel who fail to take six (6) credits toward the satisfaction of their deficiencies each year as prescribed by the Regulation of the Commissioner, will, if re-employed, be retained on their present salary step. Advancement to the following step will be made upon completion of six (6) credits in the next school year. Advancement to the proper step based upon years of service will be made upon completion of required certification. (5) The Board and the Association agree that all negotiable items have been discussed during negotiation leading to this agreement. (6) The Board and the Association recognize that the Board has certain powers, discretions and duties that, under the Constitution and Laws of New York, may be delegated, limited or abrogated by any agreement with any party. Accordingly, any provision of the agreement, or any application of this provision or application shall have effect only to the extent permitted by law, but all other provisions or application of this agreement shall continue in full force and effect. (7) In case of any direct conflict between the express provisions of this agreement and any Board or Association policy, practice, custom or writing not incorporated into this agreement, the provisions of this agreement shall control. (8) The work "day" shall refer to regularly scheduled school day. (9) The teaching process should not be interrupted except in emergency. (10) In keeping with the spirit of good human relations, as suggested in the contract, both teachers and administrators pledge their continuation of professional behavior. The Board has had in the past and present and again asserts that it will protect all professional staff members 38

48 from unjust censure. Further, when it comes to the attention of the School Board or Administration that there are complaints against a professional staff member, the professional staff member shall be so notified. (11) All teachers are encouraged to become acquainted with the families of their students. To achieve this end, home visitation, conferences at school, telephone conversations and letters are recommended means of achieving this goal. (12) Upon final agreement, the Board will assume responsibility for the distribution of copies of this document to each staff member at Board expense. (13) Teachers hired between September 1 st and January 31" shall receive increments on September 1 st of each year. Teachers hired between February 1 st and June 30 th shall receive increments on February 1 st of each year. (14) If proceedings are commenced pursuant to Education-Law 3020A, the teacher and District will expeditiously proceed with the process of selection of panel members, setting the dates and holding of hearings. Either party may apply to one (1) of the contract arbitrators for an immediate ruling if the party believes there is an unreasonable delay. If the arbitrator so finds, the arbitrator may order an immediate hearing or suspension of pay if the unreasonable delay continues. (15) All teacher's additional course work which will led to column movement on the salary schedule are encouraged to furnish the Personnel Office with transcripts or letters of completion of course work at the conclusion of the course (16) Any teacher hired and for whose probationary period begins on or after September 1, 1995 shall be paid in accordance with the twenty-six (26) week pay plan. (17) Electronic transfer of funds shall be available to all teachers. ARTICLE XXVII SAVINGS CLAUSE A. This Agreement cannot be changed, amended or modified unless by mutual consent of both parties. B. If any of the provisions of this Agreement are or shall at any time be contrary to law, then such provisions shall not be applicable or performed or enforced except to the extent permitted by law and any substitute provision shall be subject to appropriate negotiation, as herein provided, between the parties, in the event that any provision of this agreement shall continue in effect. C. IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS 39

49 IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREOF; SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL. ARTICLE XXVIII FLEXIBLE BENEFIT PLAN Each unit member shall have the right to participate in a Section 125 Flexible Benefit Plan. Service charges for the administration of said plan shall be borne by the District and shall be limited to no more than $25.00 per year per participating employee. The District will be held harmless except for the payment of the administrative charges. ARTICLE XXIX PERFORMANCE INDICATORS A. Effective September 1, 1999, each tenured teacher shall be moved to the next step of the salary schedule in each succeeding year of this agreement provided that the teacher meets the following performance indicators: (1) Teachers shall be responsible for the timely submission of lesson plans which include aims, objectives and methodology. Teachers shall be advised by the school principal of the established schedule for submission of lesson plans by September 30 th of each school year. (2) All unit members shall incur no more than four (4) instances of tardiness per semester. (3) Teachers shall be responsible for the preparation of progress report; for students in jeopardy of failing any subject five (5) weeks before the end of each marking period, as per Article III (F) 1 of the Agreement. (4) Teachers shall be responsible for providing written recommendations for improvement to students scoring below 80 at the end of the first (1 st ') and third (3 rd ) marking periods, as per Article III (F) 3 of the Agreement. (5) All unit members shall be available one afternoon and one evening for parent-teacher conferences at the end of the first (1 st ) and (3rd) marking periods, as per Article III (F) 4 of the Agreement. (6) All unit members shall be responsible for attending ½ of all PTA-PTSA meetings per year, as per Article VI (B) 5 of the Agreement. (7) Teachers shall be responsible for submitting report cards to the school principal four (4) times per year, as per Article III (F) 2 of the Agreement, which shall contain accurate mathematical computations of the report card grades. 40

50 B. Unit members must achieve a sixty-five percent (65%) compliance rate for the relevant performance indicators in a given school year in order to move to the next step on the salary schedule for the following school year. It is recognized that certain unit members, including but not limited to guidance counselors, psychologists, speech/hearing therapists, social workers and librarians shall be responsible for complying with at least sixty-five percent (65%) of factors (2), (5) and (6) above, or as per current practice. Unit members who fail to comply with one or more of the performance indicators due to an excused absence shall comply with the relevant performance indicator(s), if possible, immediately upon returning to work from the excused absence. C. PERFORMANCE INDICATOR APPEALS PROCESS (1) Any unit member who is alleged not to be in compliance with one or more specific performance indicators for a school year shall be notified in writing by a building principal or supervising administrator of such non-compliance by March 1 st of the appropriate year. (2) The failure of the District to comply with paragraph (1) above shall disallow any reference to or utilization of a unit member's alleged deficiencies in meeting performance indicators for the period September 1 st March 1 st of any school year. (3) Unit members who are alleged to have failed to meet the sixty-five percent (65%) compliance rate for the relevant performance indicators in a given school year shall be notified by their building principal or supervising administrator in writing by June 15 th. (4) Unit members who are notified pursuant to paragraph (3) above, shall have ten (10) days to file a written appeal of such notification with the building principal or supervising administrator. The written appeal to the building principal or supervising administrator shall include a clear and concise statement provided in defense or refutation of the allegations contained in the initial notification. (5) The building principal or supervising administrator shall have ten (10) days to issue a written response to an appeal filed in accordance with paragraph (4) above. (6) Should the decision of the building principal or supervising administrator fail to overturn or dismiss the allegations contained in the initial notification sufficient to allow the teacher to move to the next step on the salary schedule, the teacher may appeal in writing to the Superintendent. (7) Upon receipt of an appeal by a teacher, the Superintendent shall convene a hearing within thirty (30) days. The teacher shall be permitted to utilize WTA representation at the hearing and he/she shall be afforded the opportunity to present evidence and testimony in support of his/her appeal. (8) The Superintendent shall issue a decision to the appeal within ten (10) days after the conclusion of the hearing. 41

51 (9) A decision by the superintendent which fails to sustain the teacher's appeal, or which retains the teacher at his/her current step on the salary schedule for the succeeding school year may be appealed to arbitration by the WTA pursuant to Article XIX (B), Step 3, of the collective bargaining agreement. (10) Any failure by the District to strictly comply with the schedule indicated in paragraphs (3), (5), (7) or (8) shall permit the teacher-appellant to move to the next appropriate step of the salary schedule irrespective of allegations contained in the initial notification by the District to the teacher. D. Effective June 30, 2000, either party to this Agreement may re-open negotiations concerning any or all provisions of herein Article XXIX. Any changes or modifications to herein Article XXIX after June 30, 2000 shall require the mutual agreement of both parties. ARTICLE XXX TERMS OF AGREEMENT This Agreement and all of its terms and provisions shall be effective as of July 1, 2010 (unless indicated) and shall continue in force and effect to an including August 31, The salary schedules shall be attached. The parties agree that positions set forth in the recognition clause of the contract and mentioned in other parts of the contract shall be covered by the contract to the extent that such positions are in existence. The terms of the Agreement are subject to ratification by the Board of Education and the Wyandanch Teachers Association, NYSUT. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. THE BOARD OF EDUCATION OF WYANDANCH SCHOOL DISTRICT WYANDANCH, NEW YORK THE WYANDANCH TEACHERS' ASSOCIATION/NYSUT BY: THOMAS TOLLIVER President BY: SCOTT O BRIEN-CURCIE President 42

52 Appendix I 43

53 Appendix II 44

54 Appendix III 45

55 Appendix IV 46