5/9/07 – supplementals revised
1/12/07
I RECOGNITION 1
1.01 Statement of Recognition 1
1.02 Definition of Bargaining Unit 1
1.03 Nursing Services 2
1.04 Non-Discrimination 2
1.05 Representation Election Procedures 2
II NEGOTIATIONS PROCEDURE 2
2.01 Request for Negotiations 2
2.02 Exchange of Proposals 2
2.03 Composition of the Negotiating Team 2
2.04 Exchange of Information and Views 2
2.05 Request for Assistance 2
2.06 Negotiations Period 3
2.07 Agreement 3
2.08 Disagreement 3
III GRIEVANCE PROCEDURE 3
3.01 Definitions 3
3.02 Rights of the Grievant and the Association 4
3.03 Time Limits 4
3.04 Grievance Procedure 5
3.05 Miscellaneous 6
3.06 Exclusivity of the Grievance Procedure 6
IV RIGHTS 6
4.01 Board of Education Rights 6
4.02 Association Rights 7
4.03 Release Time 7
4.04 Payroll Deduction of Dues 8
4.05 Service Fee 8
4.06 Occupational Safety and Health 8
V LEAVES OF ABSENCE 10
5.01 Sick Leave 10
5.02 Sick Leave Bank 10
5.03 Personal Leave 11
5.04 Emergency Leave 12
5.05 Association Leave 12
5.06 Sabbatical Leave 12
5.07 Parental Leave 13
5.08 Professional Leave 14
5.09 Medical Leave 14
5.10 Assault Leave 15
5.11 Leave of Absence Without Pay or Benefits 15
5.12 Leave of Absence Under Family Medical Leave Act 16
5.13 Military Leave 16
5.14 Jury Duty Leave 16
VI EMPLOYMENT PROCEDURES 17
6.01 Teacher Assignment 17
6.02 Temporary Certification/Licensure 17
6.03 Transfers 18
6.04 Employment of Retired Teachers 22
6.05 Certificated/Licensed Vacancies 22
6.06 Contracts of Employment 24
6.07 Evaluation 24
6.08 Reduction in Staff Procedure 26
6.09 Length of School Year/School Day 29
6.10 Personnel Files 31
6.11 Substitutes 32
6.12 Labor/Management Committee 32
6.13 Noon Aides 32
6.14 Teacher Tentative Assignment List 32
6.15 Continuing Contract Requests 32
6.16 Mentor/Entry Year Program 32
6.17 Job Security 35
6.18 Class Size 36
6.19 Class Load 37
6.20 Implementation - Student Enrollment 38
6.21 Bureau of Criminal Identification and Investigation (BCII) 38
6.22 Shared Decision Making 38
6.23 Petty Cash 39
6.24 Local Professional Development Committee 40
6.25 Provision of a Free Appropriate Public Education For Disabled Students
41
6.26 Newly Hired Teachers 42
6.27 Textbooks 43
6.28 Elementary and Secondary Education Act 43
6.29 Workplace Injuries/Worker’s Compensation/ Return to Work 44
6.30 Drug and Alcohol Program 44
VII FRINGE BENEFITS 45
7.01 Insurances 45
7.02 Severance Pay 49
7.03 Non-Resident Student Attendance 49
7.04 Early Retirement Incentive 49
7.05 Severance Pay Deferral Plan 50
VIII SALARY TABLES 52
8.01 Salary Information 52
8.02 Salary Table - Teachers, School Nurses, Effective June 2007 53
8.03 Salary Table - Teachers, School Nurses, Effective June 2008 54
8.04 a. Salary Table - Teachers, School Nurses, Effective June 2009 55
8.04 b. Salary Table - Teachers, School Nurses, Effective June 2009 56
8.04 c. Salary Table - Teachers, School Nurses, Effective June 2009 57
8.05 Horizontal Movement on the Salary Schedule 58
8.06 Salary Table B - Teachers with Additional Duties 58
8.07 STRS Pickup (Salary Reduction/Restatement) 62
8.08 Authorized Payroll Deductions 63
8.09 Special Education, Speech and Hearing Therapy and Home-School
Coordinator Stipend (Visiting Teacher Certification) 63
8.10 Payroll Procedures 63
8.11 Tuition Reimbursement 64
8.12 School Psychologists 64
8.12 b. School Psychologists – 2007-08 65
8.12 c. School Psychologists – 2008-09 66
8.12 d. School Psychologists – 2009-10 67
8.12 e. School Psychologists – 2009-10 68
8.12 f. School Psychologists – 2009-10 69
8.13 Experience Credit 70
8.14 Mileage 70
IX EFFECTS 70
9.01 Equal Opportunity 70
9.02 Maintenance of Standards: 70
9.03 Conflict with Law 70
9.04 Waiver of Negotiations During the Term of Agreement 70
9.05 Entire Agreement Clause 70
9.06 Agreement in Writing 70
9.07 Duration of Contract 71
Signature Page 71
A Grievance Report Form - Step I 72
B Grievance Report Form - Step II 73
C Grievance Report Form - Step III 74
D Request For Arbitration - Step IV 75
E Employee Absence Request 76
F Assault Leave Form 77
G Application to Use Days from the Sick Leave Bank 78
H Continuing Contract Request Form 79
H Qualifications for Continuing Contract 80
I Transfer Request Form 81
J SuperMed Plus 82
ARTICLE I RECOGNITION
1.01 Statement of Recognition: The Warren Board of Education, hereinafter
referred to as the "Board" or the "Employer," recognizes the Warren Education
Association, hereinafter referred to as the "Association," as the sole and
exclusive employee representative for all employees (teachers) in the
bargaining unit.
1.02 Definition of Bargaining Unit
1.021 Inclusions: The bargaining unit, hereinafter referred to
as "teachers," shall include (each of the following categories includes also
personnel in State and Federal programs): classroom teachers, guidance
counselors, librarians, home school coordinators, visiting teachers,
vocational teachers, nurses (except as provided in Section 1.03 of the
Agreement), psychologists, teachers on special assignment, speech and hearing
therapists, teaching specialists, and auxiliary services personnel, whether
under contract, on leave, employed or to be employed by the Board. A teacher
will be deemed to be employed on a full-time basis if the teacher is utilized
by the Board on a schedule of fifty percent (50%) or more of the regular
teaching schedule. The unit includes all personnel assigned to newly created
certified/licensed classroom teaching positions.
1.022 Teacher(s) Awaiting PRAXIS I and/or PRAXIS II Results: This
Section shall be exclusively limited to an individual(s) whom the Board deems
to be employed as a teacher in the category of “teacher awaiting
certification/licensure” in any of the positions identified in Section 1.021
of the Agreement who is awaiting his/her successful completion of PRAXIS I
and/or PRAXIS II. The Board shall designate an individual as a “teacher
awaiting certification/licensure” at the time of hire. The Board and the
Association agree the employment of a “teacher awaiting
certification/licensure” under the provisions contained in this Section shall
not be construed as subcontracting of bargaining unit work. Furthermore,
nothing contained in this Section shall affect the employment of substitute
teachers by the Board, nor bestow any right or benefit contained in this
Agreement upon any individual not covered by this Section who is now, or may
in the future be employed as a casual or long term substitute.
a. A “teacher awaiting certification/licensure” shall be
employed by the Board under a substitute certificate/license at substitute
pay and benefits for a period not to extend beyond the completion of the
academic school year in which they are initially employed by the Board.
b. A teacher covered under this Section is strongly encouraged
by the Board and the Association to avail themselves of every opportunity to
take PRAXIS I and/or PRAXIS II, until he/she has successfully completed the
requirement. A “teacher awaiting certification/licensure” who obtains his/her
certificate/license during the school year will become a teacher, and will be
eligible for all benefits, and governed by all provisions of this Agreement,
upon presenting his/her certificate/license to the Treasurer. Insurance
benefits will begin the first calendar day of the subsequent month. If the
certificate/license is presented to the Treasurer prior to April 1, and if
the “teacher awaiting certification/licensure” has taken the necessary test
(s) needed to obtain his/her certificate/license on each opportunity the test
(s) was given since the “teacher awaiting certification/licensure” was hired
by the district, then he/she shall be awarded the difference in salary
between what would have been paid as a teacher and what was paid as
a “teacher awaiting certification/licensure”, retroactive to the first day of
the school year.
c. A “teacher awaiting certification/licensure” who takes PRAXIS
I and/or PRAXIS II during the month of March must request and pay for the
option of receiving expedited test results.
d. A “teacher awaiting certification/licensure” who fails to
provide the Board with evidence of obtaining a certificate/license by April 1
will be automatically non-renewed on the last day of the school year. If
such “teacher awaiting certification/licensure” subsequently obtains his/her
certificate/ license, he/she may apply for and be considered for an open
position on the same basis as other applicants. This provision supercedes
Ohio Revised Code § 3319.08, 3319.11, and 3319.111 and any inconsistent
provisions of this Agreement or of Ohio Revised Code.
e. A “teacher awaiting certification/licensure”, except as
provided in Section 1.022 of the Agreement, shall not be eligible for any
other rights or benefits contained within the Agreement.
f. A teacher in the category of “teacher awaiting
certification/licensure” shall not pay dues to the Association until he/she
presents his/her certificate/license to the Treasurer per Section 1.022 b. of
the Agreement.
1.023 Exclusions: The Superintendent, Associate Superintendent, all
administrative Executive Directors, directors, principals, assistant
principals, supervisors, administrative coordinators, substitutes, and other
persons engaged fifty percent (50%) of the time in the direct administration
and supervision of professional personnel are excluded from the unit.
1.03 Nursing Services
1.031 Employment of Nurses:
a. The Board shall employ at least one (1) full time School
Nurse with bargaining unit status. In order to meet any additional needs of
the district, the Board shall be permitted to contract outside the district
for nursing services. The Board has sole discretion to determine the
district’s need for additional nursing services. Registered nurses must be
utilized to provide the needed services, but they shall not hold bargaining
unit status.
b. Should an outside source(s) be unable to accommodate the
district, at least one (1) additional full-time School Nurse with bargaining
unit status shall be employed.
c. The subcontracting of additional nursing services by the
district shall not constitute a precedent or practice on the part of the
Board or the Association, nor shall it be used to reduce or supplant any
other bargaining unit positions.
1.04 Non-Discrimination: The Association shall admit
certificated/licensed personnel to membership without discrimination on the
basis of race, creed, color, national origin, sex, or marital status.
1.05 Representation Election Procedures: Representation election
procedures shall be as per the Ohio Revised Code 4117.
ARTICLE II NEGOTIATIONS PROCEDURE
2.01 Request for Negotiations: A meeting for the purpose of beginning
negotiations shall be called between February 1 and February 15 upon the
written request of the Association or the Board filed prior to February 1 of
the year in which this Contract expires. Requests from the Association should
be made to the Superintendent. Requests from the Board should be made to the
President of the Association.
2.02 Exchange of Proposals: Proposals shall be exchanged by the parties
at the first meeting and shall in form and detail specify that to which
agreement is sought in terms acceptable to the proponent without
clarification or supplementation. Thereafter, new proposals may not be
submitted unless mutually agreed upon. Topical listings, or so-
called "laundry lists," shall constitute a failure to comply with this
paragraph and shall be disregarded.
2.03 Composition of the Negotiating Team: The parties, each in their sole
discretion, shall select negotiating teams. Each team shall not exceed ten
(10) members. Each team shall select a chief spokesperson who shall be in
attendance at each negotiation session unless otherwise agreed to by the
parties.
2.04 Exchange of Information and Views: The parties agree to furnish each
other, upon written request and in reasonable time, available information
concerning matters being negotiated. Access to available information in such
form as it may exist constitutes compliance with this provision, and neither
party is obligated to develop data or information not in existence or to re-
word, re-draft, summarize, compute, or otherwise develop data or information
in other than its existing form.
2.05 Request for Assistance: All participants have the right to utilize
the services of lay or professional consultants.
2.06 Negotiations Period: The negotiations period shall be forty-five
(45) calendar days or as mutually agreed to by the two (2) parties,
commencing with the first meeting held in accordance with Article II, Section
2.01 above.
2.07 Agreement: When agreement is reached, it shall be reduced to writing
and, when ratified by the teachers and when approved by the Board, shall
become a part of the official minutes of the Board. When necessary,
provisions in the Contract shall be reflected in individual contracts.
Neither the present Contract nor any agreement reached pursuant to this
Article shall discriminate against any member of the bargaining unit
regardless of membership or non-membership in the Association.
2.08 Disagreement
2.081 Board of Education: When the representatives of the
bargaining agent and the Superintendent cannot reach agreement, they shall
present their separate reports to the Board. The representatives of the
Association may appeal to the Board at a regular or special meeting.
2.082 Mediation – Factfinding: In the event that agreement is not reached
in thirty-five (35) days from the first bargaining session on a matter or
matters being negotiated, either party may request that the Federal Mediation
and Conciliation Service provide a mediator to facilitate bargaining. The
assistance of the mediator shall begin on or after April 1 and shall conclude
on April 30, although the mediator retains jurisdiction to call such meetings
as she/he deems appropriate after the Factfinding procedure.
Unless final agreement is reached by April 30, the parties
shall present all unresolved issues to a Factfinder. The parties may either
obtain a list of nine (9) neutrals who can serve in the capacity of a
Factfinder from the American Arbitration Association (AAA), or they may
jointly agree upon another neutral to serve as Factfinder. If an AAA list is
used, the alternate strike method shall be used to select from the list of
potential Factfinders after a coin flip or other method to determine who
shall strike first. The Association and the Board shall initiate efforts to
determine the identity of a suitable Factfinder by March 1. The appointed
neutral shall, on May 1, assume the role of Factfinder. The Factfinder shall
have the authority to hold such meetings as he/she deems appropriate and
shall submit advisory recommendations on all unresolved issues to the parties
between May 17 and May 21. The parties shall have ten (10) work days from
receipt of the Factfinder’s report within which to accept or reject the
Factfinder’s recommendations. Failure of either party to reject the
recommendations by a three-fifths (3/5) vote of the total membership within
those ten (10) work days shall be deemed acceptance of the Factfinder’s
recommendations. If neither party rejects the recommendations, the
recommendations shall be deemed agreed upon as the final resolution of the
issues submitted and the Agreement shall be modified to reflect the
Factfinder’s recommendations. If either party rejects the Factfinder’s
recommendations in accordance with this provision, the Factfinder’s report
may be made public by either party.
2.083 Cost of Mediation – Factfinding: The cost of mediation
and/or Factfinding, if any, shall be shared equally by the Board and the
Association.
ARTICLE III GRIEVANCE PROCEDURE
3.01 Definitions
3.011 "Association" shall mean the Warren Education Association.
3.012 "Administration" shall mean the Superintendent, Associate
Superintendent, Executive Directors, directors, supervisors, coordinators,
building principals, and assistant principals.
3.013 "Board of Education" and "Board" shall mean the Warren City
Board of Education.
3.014 "Days" shall mean actual working school days, or during the
summer recess, days when the Central Office Administration building is open
for business.
3.015 "Grievance" shall mean a claim by a teacher(s) that there has
been a violation, misinterpretation, or misapplication of the language of the
Contract between the Association and the Board.
3.016 "Grievant" shall mean a teacher(s) and his/her representative
(which is the Association) initiating a claim as defined in Section 3.015.
(Where more than one person is a grievant, each shall sign the grievance.)
3.017 "Immediate Supervisor" for the purposes of the grievance
procedure, shall mean the lowest level administrator having the authority to
resolve the grievance.
3.018 "Teacher" shall mean a member of the bargaining unit
described in Article I, Section 1.02, of this Contract.
3.02 Rights of the Grievant and the Association
3.021 A grievant shall be accompanied at all times and at all
formal steps of the grievance procedure by a representative of the
Association.
3.022 The purpose of these procedures is to secure, at the lowest
level administrator having authority to resolve the grievance, equitable
solutions to grievances. All parties agree that grievances will be kept as
confidential as is appropriate and processed as expeditiously as possible.
3.023 The fact that a bargaining unit member participates in a
grievance shall not be recorded in the bargaining unit member's personnel
file or in any information used in the transfer, reassignment, promotion, or
dismissal process; nor shall such fact be used in any recommendation for
other employment.
3.03 Time Limits
3.031 The number of days indicated at each step in the procedure
shall be the maximum.
3.032 If the grievant does not file a grievance in writing within
twenty (20) days of the occurrence of the act or conditions on which the
grievance is based, then the grievance shall be considered waived, provided
the basis for the grievance occurs during the months of November through
August. If the basis for the grievance occurs during the months of September
or October, the grievance must be filed within twenty-five (25) days of the
occurrence of the act or conditions on which the grievance is based, or the
grievance shall be considered waived.
3.033 If a decision on a grievance is not appealed within the time
limits specified at any step of the procedure, the grievance shall be deemed
settled on the basis of the disposition at that step, and further appeal
shall be barred.
3.034 Failure at any step of these procedures to communicate the
decision on a grievance within the specified time limits shall automatically
entitle the grievant to proceed to the next level.
3.035 All notices of hearings, dispositions of grievances, written
grievances, and appeals shall be in writing and hand-delivered or mailed by
certified mail, return receipt requested. The bargaining agent shall receive
copies of all notices.
3.036 Every reasonable effort will be made to process grievances to
a satisfactory conclusion by the end of the school year.
3.037 Hearings held under this procedure shall be conducted at a
time and place which will afford a fair and reasonable opportunity for all
persons entitled to be present to attend.
3.038 Whenever illness, incapacity, or reasonable unavailability of
the grievant, his/her representative(s), or an administrator involved in the
processing of the grievance prevents attendance at a grievance hearing, the
time limit for such hearing shall be extended to a date when such persons can
be present. Such date shall be within reasonable proximity of the originally
scheduled date, and, if the delay extends beyond ten (10) days participation
by telephone or proxy will be attempted. Every effort shall be made to
provide at least a one (1) day notice of unavailability to the other party.
3.04 Grievance Procedure
3.041 Informal Procedure: A grievance shall first be presented to
the immediate supervisor in an attempt to promptly resolve the problem. The
immediate supervisor shall give an answer to the grievant and his/her WEA
representative within five (5) days of the submission.
3.042 Formal Procedure
3.0421 Step I: If the grievance is not resolved within five
(5) days of the informal claim disposition, it may be pursued further by
submitting a completed Grievance Report Form, Step I (see Appendix A), in
duplicate, by the tenth day following its disposition at the informal level.
Copies of this form shall be submitted by the grievant to the immediate
supervisor, President of WEA, and to the chairperson of the Association
Grievance Committee. Within five (5) days of receipt of the Grievance Report
Form, the immediate supervisor shall meet with the grievant. The immediate
supervisor shall write a disposition of the grievance within five (5) days
after such meeting by completing the appropriate step of the Grievance Report
Form and returning a copy to the grievant, chairperson of the Association
Grievance Committee, President of WEA, and the Superintendent.
3.0422 Step II: If the grievant is not satisfied with the
disposition of the grievance in Step I, the grievant shall complete Step II
of the Grievance Report Form (see Appendix B) and submit same to the
Superintendent or designee within ten (10) days of receipt of its disposition
at Step I level. Within five (5) days of receipt of the Grievance Form, the
Superintendent or designee shall meet with the grievant. Within ten (10)
days of this meeting, the Superintendent or designee shall write his/her
disposition of the grievance by completing his/her portion of Step II,
forwarding a copy to the grievant, the Superintendent, the Association
Grievance Chairperson, WEA President, and the Immediate Supervisor.
3.0423 Step III: If the grievant is not satisfied with the
disposition made by the Superintendent or designee, then the grievant shall
complete Step III of the Grievance Report Form (see Appendix C) and submit
same to the President of the Board within ten (10) days of the disposition by
the Superintendent or designee either by hand delivery with receipt
acknowledged as set forth in Section 3.035, or by certified mail with a
return receipt requested with the date of receipt recorded thereon.
The Board, at its option, may meet with the grievant
for the purpose of reviewing such grievance. The meeting shall be held in
executive session unless otherwise required by law. Such meeting shall be
held within fifteen (15) days of receipt of the Step III Grievance Report
Form by the President. The disposition of the grievance shall be written by
the President of the Board of Education within ten (10) days following the
meeting with the grievant, or if no meeting is conducted, within fifteen (15)
days following the delivery of the Grievance Report Form to the President of
the Board. No official Board action shall be taken on the grievance.
Delivery of the grievance shall either be by hand with receipt acknowledged
as set forth in Section 3.035, or by certified mail, in which case the
acknowledgement on the return receipt will indicate the date of delivery.
3.0424 Step IV: If the grievant is not satisfied with the
disposition of the grievance by the Board of Education at Step III, the
grievant (through the Association) may request a hearing before an arbitrator
by completing Grievance Report Form, Step IV (see Appendix D). The
grievant's request for arbitration shall be made within ten (10) days
following either the receipt of the disposition of the grievance in Step III
or the lapse of fifteen (15) days following grievant's submission of the
Grievance Report Form to the President under Step III, whichever occurs
first. The grievant's request for arbitration shall be either by hand
delivery with receipt acknowledged, or by certified mail with return receipt
requested to the President of the Board. Within five (5) days following the
filing of the grievant's request for arbitration, the grievant shall petition
the American Arbitration Association to administer the selection of an
arbitrator and the hearing proceedings under the Voluntary Labor Arbitration
Rules of the American Arbitration Association. The selection shall be made
from an initial list of nine (9) arbitrators provided to the parties by the
American Arbitration Association. Subsequent lists shall follow American
Arbitration Association rules.
The arbitrator shall have the authority to consider only a
single grievance or several grievances involving a common question of
interpretation or application. Unless the parties mutually agree to
arbitrate the matter under the Expedited Labor Arbitration Rules of the
American Arbitration Association, the arbitrator shall hold the necessary
hearing promptly and issue the decision within thirty (30) calendar days of
the closing of the hearing. Failure of the arbitrator to adhere to this
provision shall not result in any negative consequences for either party.
The decision shall be in writing and a copy sent to all parties present at
the hearing. The decision of the arbitrator shall be binding on both the
Board and the Association.
The arbitrator shall not have the authority to add to,
subtract from, modify, change, or alter any of the provisions of this
Collective Bargaining Contract, nor add to, detract from, or modify the
language therein in arriving at a determination of any issue presented that
is proper within the limitations expressed herein. The arbitrator shall
expressly confine himself/herself to the precise issue(s) submitted for
arbitration and shall have no authority to determine any other issue(s) not
so submitted to him/her or to submit observations or declarations of opinion
which are not directly essential in reaching the determination. The
arbitrator shall in no way interfere with management prerogatives involving
Board's discretion, nor limit or interfere in any way with the powers,
duties, and responsibilities of the Board under its policies, applicable law,
and rules and regulations having the force and effect of law.
With the exception of Section 3.05 of this Article,
the cost of arbitration at Step IV shall be shared equally by the Board and
the Association.
3.05 Miscellaneous: Nothing contained in this procedure shall be
construed as limiting the individual right of a teacher having a complaint or
problem to discuss the matter informally with members of the administration
through normal channels of communication.
In the event the Association determines, at any level of the
grievance procedure, that a grievance should not be carried further, the
grievant may continue the procedure but shall be liable for his/her share of
any expense incurred thereafter in such proceeding.
3.06 Exclusivity of the Grievance Procedure: The parties agree that any
dispute which is or could be the subject of a grievance is to be resolved
through the grievance procedure of this Agreement.
It is further understood that the parties individually and
collectively agree that there will be no interruption or cessation of work in
connection with a dispute arising under this Contract.
ARTICLE IV RIGHTS
4.01 Board of Education Rights: Unless the Board agrees otherwise in this
Collective Bargaining Agreement, nothing shall impair the right and
responsibility of the Board to:
4.011 Determine matters of inherent managerial policy which
include, but are not limited to areas of discretion or policy such as the
functions and programs of the Board, standards of services, its overall
budget, utilization of technology, and organizational structure;
4.012 Direct, supervise, evaluate, or hire employees;
4.013 Maintain and improve the efficiency and effectiveness of
governmental operations;
4.014 Determine the overall methods, process, means, or personnel
by which governmental operations are to be conducted;
4.015 Suspend, discipline, demote, or discharge for just cause, or
lay off, transfer, assign, schedule, promote, or retain employees;
4.016 Determine the adequacy of the work force;
4.017 Determine the overall mission of the Board as a unit of
government;
4.018 Effectively manage the work force;
4.019 Take actions to carry out the mission of the Board as a
governmental unit.
The Board is not required to bargain on subjects reserved to
the management and direction of the governmental unit except as affect wages,
hours, terms and conditions of employment, and the continuation,
modification, or deletion of an existing provision of a collective bargaining
agreement. A public employee or exclusive representative may raise a
legitimate complaint or file a grievance based on the collective bargaining
agreement.
4.02 Association Rights
4.021 The bargaining agent shall have the sole and exclusive
organization rights to process grievances under this Contract.
4.022 The bargaining agent shall have the sole and exclusive
organizational right to use school mailboxes.
4.023 The bargaining agent shall have the sole and exclusive
organizational right to use interschool mail privileges and district e-mail
for text messages related to WEA/OEA/NEA business.
4.024 The bargaining agent shall have the sole and exclusive
organizational right to payroll deduction of dues and/or service fees, if
required.
4.025 The bargaining agent shall have the sole and exclusive
organizational right to the exclusive use of a bulletin board designated by
the principal in each building.
4.026 The bargaining agent shall have the sole and exclusive
organizational right to have building meetings before or after school
provided that said meetings do not interfere with the commencement or the
ending of the school day. The building principal shall have at least twenty-
four (24) hours advance notification of meetings.
4.027 These rights shall not be granted to another teacher
representative organization under any circumstances.
4.03 Release Time
4.031 The President of the Association, shall, at the request of
the Association, be granted a leave of absence during the term of office for
any part of one-half (½) day, or a full day. The Association shall reimburse
the Board of Education in advance on a monthly basis as invoiced by the
Board, based upon the leave taken, for the President's annual gross
compensation, including the Board's employer share of contribution of
retirement and all fringe benefits, such as cost of Worker's Compensation,
hospitalization, life insurance, and dental. In the event payment of these
invoiced charges is not made within ten (10) days of date of the invoice, the
President will have authorized the amount of the invoice to be deducted from
the President's next payroll check, and the monthly charges shall continue to
be deducted in this manner until such time as the Association has made the
applicable monthly advance payment. The Association shall request in writing
no later than June 30 of the year prior to application for either part of the
one-half (½) day or the full day leave of absence. Such assignment shall be
for the school year and must be renewed by June 30 of each year by a written
request from the Association prior to June 30.
4.032 The person so designated by the Association as the President,
and granted this assignment by the Board, shall act in this capacity under
this Contract for the entire school year. The Association may ask for a
change in the designee because of elections for the next ensuing school year.
4.033 The President of the Association may conduct Association
business on school premises while classes are in session with the approval of
the Superintendent of Schools and/or his/her designated representative. At
any time other than the aforementioned, the President of the Association may
conduct Association business with the approval of the building principal.
4.034 If reassignment to another building is necessary, the
President shall be notified prior to June 1.
4.04 Payroll Deduction of Dues: Once a teacher has joined the
Association, he/she shall only remove his/her authorization for dues
deduction as provided by law.
4.05 Service Fee
4.051 All teachers who are not members of the Association shall pay
a monthly service fee equivalent to the monthly dues uniformly required of
such members, not including initiation fees, fines or assessments, as
certified by the Association to the Treasurer before each school year and as
further necessary to be accurate. Such payment shall be subject to a rebate
procedure provided by the Association meeting all requirements of applicable
state and federal law.
4.052 Such service fee shall be automatically deductible in five
(5) equal installments beginning with the first paycheck of the second
semester of the school year.
4.053 The balance of any annual deductions shall be deducted from
the final paycheck of a non-member teacher resigning his/her position,
receiving a leave of absence, or terminating his/her employment after the
opening of school.
4.054 The Board will provide the Association with a single printout
showing the non-member teachers from whom such service fees were deducted.
This itemized statement with a transmittal letter will be prepared monthly.
4.055 The foregoing provisions regarding service fees shall be
subject to all requirements of Ohio Revised Code, Section 4117.09 (C) and all
other applicable law of the subject matter.
4.056 The Warren Education Association agrees to defend, indemnify
and hold harmless the Board and its individual members in any claim, demand,
action or cause of action brought to contest collection or other elements of
administration of the service fee.
4.06 Occupational Safety and Health
4.061 The Board shall adopt and implement policies and procedures
required by O.R.C. Chapter 4167, by the Division of Occupational Safety &
Health, by the Public Employment Risk Reduction Advisory Commission, and/or
any rules or regulations adopted thereunder. The Board shall give a copy of
all policies and procedures adopted by the Board to the President of the
Association.
4.062 Duties of the Employer:
A. Each public employer shall:
1. Furnish to each of his public employees' employment
and a place of employment free from recognized hazards that are causing or
are likely to cause death or serious physical harm to his public employees;
2. Comply with Ohio employment risk reduction standards,
rules, and orders adopted or issued pursuant to O.R.C. Chapter 4167.
B. Notwithstanding this section or any other provision in O.R.C.
4167 to the contrary, no public employer is required to take any action under
that Chapter that would cause an undue hardship upon that public employer,
unless the action is required to prevent imminent danger of death or serious
harm to the public employee.
4.063 Duties of the Employee:
A. Each public employee shall:
1. Comply with Ohio employment risk reduction standards, rules,
and orders adopted or issued pursuant to O.R.C. Chapter 4167 which are
applicable to the public employee's actions and conduct.
2. Comply with safety rules the public employer establishes for
the purpose of fulfilling compliance with Ohio employment risk reduction
standards, rules, or orders adopted or issued pursuant to O.R.C. Chapter
4167. All such rules the public employer adopts shall be reasonable as
determined in accordance with the purposes and objectives of that Chapter.
4.064 Report Internally First: The parties desire to deal with
safety and health complaints internally to attempt to correct any health or
safety allegations. Accordingly, neither the Association nor a bargaining
unit member may file a complaint with the Ohio Department of Industrial
Relations, unless it is a condition which the bargaining unit member or
Association, acting in good faith, reasonably believes presents an imminent
danger of death or serious harm to her/him or other members of the bargaining
unit, in which case the procedures in this section need not be followed. In
all other cases the following procedure shall be used:
4.0641 A bargaining unit member or Association representative must
first bring an alleged health or safety violation to the attention of the
affected bargaining unit member(s)' immediate supervisor within five (5) work
days of the occurrence of the alleged violation.
4.0642 If the immediate supervisor does not resolve the alleged
violation to the complaining party's satisfaction, the bargaining unit member
or Association must file a formal complaint with the Executive Director of
Personnel within two (2) work days after the conference with the immediate
supervisor. The Association President and the Superintendent will prescribe
a form for the written complaint, which will include space for the standard
alleged to be violated, the specific facts on which the allegation is based
and the precise remedy sought. The Executive Director of Personnel will
respond to the complaint within two (2) work days.
4.0643 If the Executive Director of Personnel does not resolve the
alleged violation to the satisfaction of the complaining party, the
bargaining unit member or the Association may appeal the complaint to the
Superintendent by filing a written appeal with the Superintendent within two
(2) work days of the response of the Executive Director of Personnel. If
Executive Director of Personnel fails to respond by the deadline, then the
bargaining unit member or Association must file their appeal within two (2)
work days of that deadline. The Superintendent or the Superintendent's
designee shall meet with the complaining party in an attempt to resolve the
alleged violation. Within five (5) work days after the conference, the
Superintendent shall provide a written response to the alleged violation.
4.0644 Option of Employee: Absent resolution to the alleged
violation via the Superintendent's response (4.0643) the employee may opt to
file a complaint with the Ohio Department of Industrial Relations (4.064) or
utilize the grievance procedure contained in this Master Contract.
4.0645 Board's Right to Reassign: Before exercising her/his right
to refuse work under Revised Code Section 4167.06 because of a condition
which the bargaining unit member, acting in good faith, reasonably believes
presents an imminent danger of death or serious harm to her/him, the
bargaining unit member must immediately notify her/his supervisor of the
condition. The bargaining unit member may be temporarily reassigned at no
loss in pay or reduction in hours while the condition is being investigated
and/or ameliorated.
ARTICLE V LEAVES OF ABSENCE
5.01 Sick Leave
5.011 Annual Allowance
a. Teachers shall be granted sick leave on the following basis:
one and one-quarter (1/4) days for each completed month of service, or
fifteen (15) days for each completed year of service. Sick leave accumulation
for bargaining unit members working less than full time (less than 100%) is
prorated based on their percentage of full-time service. This means that
teachers working less than five (5) days per week are granted sick time in
proportion to their percentage of full-time service. Teachers working five
days per week for partial days are granted sick time as days, and one day
accumulated equals one day taken.
b. Any teacher who moves from a full time to a less than full
time (less than 100%) position, or vice versa, shall have his/her accumulated
sick leave total prorated so the resulting value will reflect the increase or
decrease in his/her employment status.
5.012 Manner of Calculation: Any sick leave earned or unused in
prior employment with another Ohio public school district or other agency of
the State of Ohio, shall, upon presentation of a certified copy stating the
number of sick leave days earned and unused from such employers, be
transferred to the teacher's account at the time of employment in the manner
prescribed by state law.
5.013 Accumulated Sick Leave: The maximum number of sick leave
days accumulated shall be unlimited.
5.014 Approved Use of Sick Leave Days: Sick leave may be used by
bargaining unit members for absence due to personal illness, pregnancy,
injury, exposure to contagious disease which could be communicated to others,
and for absence due to illness, injury, or death in the member’s immediate
family.
5.015 Definition of Immediate Family: As applied to absence
because of illness, injury, or death in the employee's immediate family, the
immediate family shall include the husband, wife, children, father, mother,
brothers, sisters, grandparents, in-laws, aunts, uncles, cousins, spouse's
relatives, and any other person who is a member of the immediate household.
5.016 Exhaustion of Sick Leave (Continued Fringes): In the event a
teacher uses all of his/her sick leave, the Board shall provide fringe
benefits as per this Contract for up to ninety (90) days following the
exhaustion of the sick leave benefits provided however, that as a condition
of said payment the teacher furnished the Board written verification from a
physician of the need for the teacher to remain away from employment. In the
event benefits provided by the Board are exhausted, the teacher may, upon
approval of the respective insurance carrier, continue any or all benefits by
making payment to the Treasurer not later than the 25th day of each month
preceding the month for which the premium is due.
5.017 Falsification of Certificates: Falsification of either the
physician's certificate, if submitted, or the member's statement is grounds
for suspension or termination of employment.
5.02 Sick Leave Bank
5.021 Establishment:
a. Each bargaining unit member may contribute one day of his/her
accumulated sick leave to the Sick Leave Bank during the enrollment period.
Enrollment periods will be from August 20 through September 15 of each school
year. New teachers hired after the school year has commenced will have four
(4) weeks to enroll. The donated day is not returnable.
b. During the year, additional days may be donated by bank
members upon the agreement of the Sick Leave Committee. At this time a
second day may be contributed.
c. No donations may be made except as provided in this section.
5.022 Operational Procedures:
a. Use of days from the Sick Leave Bank will be limited to those
individuals who have contributed to the bank.
b. Use of days from the Sick Leave Bank will be limited to
personal illness of the Bargaining Unit member or the Bargaining Unit
member's spouse, or the Bargaining Unit member's dependent children. A
doctor's statement is required with the application in order to be considered.
c. Use of days from the Sick Leave Bank will be considered only
after the individual has used all of his/her accumulated sick leave days and
has used possible advances of sick leave days.
d. The maximum number of days that a person may use is 20% of
the total days in the Bank at the end of the enrollment period. Additional
days may be granted at the discretion of the Sick Leave Bank Committee.
5.023 Sick Leave Bank Committee:
a. The Bank will be operated on a voluntary basis. A committee
shall be formed to administer the Bank and to provide the information whereby
the business office of the Warren City School District will keep the
records. This committee shall be empowered to adopt rules and regulations
and to make decisions required to administer the Sick Leave Bank, so long as
those rules, regulations, and decisions do not modify the agreement contained
herein. This committee will be titled the "Sick Leave Bank Committee"
(hereafter referred to as the SBC). The SBC shall be composed of the
following five (5) persons:
(1) Superintendent of Schools of the Warren City School
District or his/her designee.
(2) The Warren Education Association President or his/her
designee.
(3) One Warren City School District business office or
building level administrator. This member is to be appointed by the
Superintendent of Schools of the Warren City School District.
(4) Two bargaining unit members. These members are to be
appointed by the Warren Education Association President. Effort should be
made with these appointments to provide bargaining unit representation from
the elementary, middle, and secondary levels.
b. Should a vacancy occur on the SBC, a replacement for the
vacant position shall be appointed by the authority making the original
appointment.
c. One of the three bargaining unit SBC representatives will be
selected to act as chairperson of the SBC. The Warren Education Association
President will designate the chairperson prior to the first meeting of the
SBC.
d. The SBC will be responsible for developing the forms needed
to operate the Bank except for the Application to Use Days form.
e. Guidelines will be reviewed annually by the Sick Leave Bank
Committee.
5.03 Personal Leave
5.031 Each teacher shall be entitled to three (3) days of personal
leave each school year, non-cumulative, with pay. Personal days entitlement
for part-time bargaining unit members is prorated. Such leave shall be
granted upon written request filed by the member with the Superintendent's
designee no later than forty-eight (48) hours prior to the taking of the
leave, except in the case of an emergency where prior notice is not
possible. The number of teachers taking personal leave on any one school day
shall conform to the following:
*a. If the staff is 1-15, maximum of 2 teachers per day;
*b. If the staff is 16-35, maximum of 3 teachers per day;
*c. If the staff is 36-50, maximum of 5 teachers per day;
*d. If the staff is 51 or more, maximum of 7 teachers per day.
** Personal leave may not be taken on the day preceding or the
day following a holiday, term break, vacation, or holiday recess (see
Appendix E). If the Thanksgiving break or President’s day break is extended
by a parent-teacher conference compensation day (“comp day”), the prohibition
on personal days extends to the day preceding or following the comp day.
Exceptions to this provision may be granted by the Superintendent on a case
by case basis.
5.032 Coaches will not be included in the calculation of the above
*formula and **restrictions if their request for personal leave is directly
related to duties involved in a coach's supplemental contract.
5.033 Personal leave days not utilized will be reimbursed no later
than the first pay in August of each school year at the rate of $90.00 per
day for one full unused day, $110.00 per day for two full unused days and
$130 per day for three full unused days.
5.034 An employee shall be responsible for knowing the number of
personal leave days requested each year. An employee who is mistakenly
granted and mistakenly takes personal day time in excess of allotted days
will be docked pay for the time in question.
5.035 An employee who resigns or retires from his/her position
prior to having completed 120 days of service shall have personal leave days
pro-rated based on the percentage of the work year for that position worked
July 1 through June 30 of the year of employment, rounded to the nearest one-
fourth (1/4) day. An employee who resigns or retires who has utilized
personal leave days in excess of the pro-rated amount earned, or who has
unused personal days, shall have their final pay adjusted accordingly.
5.04 Emergency Leave
5.041 Emergency leave of absence from normal teaching duties up to
a total of five (5) days per school year without pay will be granted by the
administration.
5.042 Submission of satisfactory evidence acceptable to the
administrator of an actual emergency situation shall be required.
Falsification of the member's statement for the use of emergency leave shall
be grounds for suspension or termination of employment.
5.05 Association Leave: When it is necessary for an official
representative of the Association to engage in Association activities
directly relating to the Association's duties as representative of the
teachers during the school day, they may be given such free time, without
loss of pay, as is necessary to perform any such activities, provided such
activities and free time have been approved by the Superintendent or his/her
designated representative in accordance with established administrative
regulations and provided that it is not contrary to law. The Association and
its officers recognize and agree that this privilege should not be abused.
5.06 Sabbatical Leave
5.061 A leave of absence, if requested, shall be granted to any
teacher for professional study and improvement for a period not to exceed one
or two semesters in the same school year after five (5) years of teaching in
the Warren City Schools. The teacher taking sabbatical leave shall be paid
the greater of fifty percent (50%) of their annual compensation or the
difference between their annual compensation and the annual compensation of
their replacement per school year or a prorated amount for any fraction
thereof. The leave must be based upon a prospectus for professional growth
submitted to and upon a prior approval of the Superintendent of Schools.
Evidence will be required to show that the plan was followed prior to payment
which shall be in one (1) total check issued not later than sixty (60) days
after the conclusion of the leave and upon evidence of successful completion
thereof. The teacher will be required to spend at least two (2) years
following the leave of absence in the Warren City Schools unless he/she has
completed twenty (20) years of teaching in Ohio. No more than two percent
(2%) of the teachers may be on such leave at one time, nor shall this leave
be granted to the same teacher more than once in a three (3) year period, nor
to the same teacher when other members of the staff have filed a request for
such leave.
5.062 All fringe benefits provided by the Board and desired by the
teacher shall be continued, upon approval by the respective insurance
carrier, for those who are on sabbatical leave, upon the payment of the
premium by the teacher to the Treasurer not later than the 25th day of each
month preceding the month for which the premium is due.
5.063 Teachers, while on sabbatical leave, shall not be eligible
for tuition reimbursement as defined in this Contract.
5.07 Parental Leave
5.071 Definition: A "parental leave" is defined as absence from
school without pay, leave accrual, or Board paid benefits by a teacher who is
pregnant, is adopting a child, or is to become a parent by reason of
pregnancy of his spouse.
5.072 Notification of Pregnancy: In the event that a teacher
becomes pregnant, the teacher shall, as soon as possible, notify Executive
Director of Personnel. Said notification of the condition of pregnancy shall
be by the end of the fifth month as designated by a certificate of the
attending physician. This notification shall be in writing and shall include
the following:
a. A medical certificate signed by the teacher's physician
confirming the pregnancy.
b. The medical certificate shall indicate the anticipated birth
date of the baby.
c. In the event a teacher may desire a parental leave, the
teacher's statement should include the approximate date of the commencement
of said leave.
5.073 Procedure for Parental Leave: A teacher who desires parental
leave shall notify the Executive Director of Personnel at least thirty (30)
calendar days in advance of the commencement of said leave. This notification
shall be in writing and shall indicate the actual date for commencement of
said leave. In emergency and unusual situations, the thirty (30) calendar day
written notification requirement shall be waived by the Superintendent of
Schools.
5.074 Term of Parental Leave: All parental leaves may be for the
remainder of the semester, or the school year in which the child is born or
adopted as elected by the teacher at the time of providing notice of the
leave. The leave shall be extended, if requested by April 1, for the next
succeeding school year, and if requested by the subsequent April 1, the leave
shall be extended for one (1) additional full year. If the initial leave
begins after April 1, the request for the following school year must be made
with the initial request. If the teacher indicates his/her intention to
return to work, he/she shall follow the same procedure enumerated in all
subsequent sections of the parental leave policy.
5.075 All insurance coverage provided by the Board and desired by
the teacher shall be continued, upon approval by the respective insurance
carrier, for those who are on parental leave, upon the payment of the premium
by the teacher to the Treasurer not later than the 25th day of each month
preceding the month for which the premium is due.
5.076 Termination of Parental Leave: Upon written request of the
teacher to Executive Director of Personnel, which shall be tendered no later
than April 1, a parental leave of absence may be terminated at any time after
the birth of the child under the following conditions:
a. In the case of a teacher who was pregnant, the teacher will
be declared eligible to return to regular duties when she submits a written
medical certification signed by her physician that she is physically able to
resume full-time employment. In the case of a teacher who has adopted a
child or whose wife has been pregnant, the teacher will be declared eligible
to return to regular duties upon notification by the teacher to the Executive
Director of Personnel, said notice to be by April 1 or six months from the
delivery of the child, whichever comes first. The teacher shall be permitted
to use all of the leave period stated in Section 5.074 of this Article.
b. Return to duties will be guaranteed no later than the first
work day of the school year following the date that the individual is
declared eligible for reinstatement.
c. After reinstatement eligibility has been determined, the
Superintendent of Schools may recommend reassignment to duty at an earlier
time than that which is stated herein. It is further understood reassignment
to duty in all cases of parental leave shall be in accordance with the
recommendation of the Superintendent of Schools and the needs of the school
system. At the end of the leave, the teacher shall be returned to the same
position, provided the leave was for the remainder of the school year in
which the child is born. In all other situations, the teacher shall be
returned to the same or similar position for which he/she holds a valid
teacher's certificate/license.
5.077 Use of Sick Leave for Pregnancy Purposes:
a. A teacher shall be permitted to use accumulated unused sick
leave days for absence due to pregnancy. Where a teacher is absent due to
pregnancy, but has used all accumulated sick leave, she shall be given a
Medical Leave of Absence without pay for not more than one full school year.
Such leave may be extended for a period not to exceed an additional school
year due to special circumstances upon approval of the Superintendent of
Schools.
b. All insurance coverage provided by the Board and desired by
the teacher shall be continued, upon approval by the respective insurance
carrier, for those who are on such leave, upon payment of the premium by the
teacher to the Treasurer not later than the 25th day of each month preceding
the month for which the premium is due.
c. The use of sick leave after the birth of a child is
comparable to the use of sick leave for other medical reasons. Therefore, as
soon as medical examination verifies that a teacher is medically able to come
back to work, parental leave shall become effective and sick leave pay ends.
d. Sick leave may not be used by a teacher taking parental leave
for the pregnancy of his spouse or the adoption of a child except for those
reasons listed in the Ohio Revised Code 3319.141.
5.08 Professional Leave
5.081 Each teacher may be granted at least two (2) days of
professional leave per school year with pay for attendance at conferences or
visitations or meetings of a professional nature, upon prior approval of the
Superintendent of Schools. The Superintendent's disapproval of any request
shall not be arbitrary or capricious. To secure such leave the teacher must
file a written request at least two (2) weeks before the commencement of the
leave.
5.082 The number of teachers eligible to be granted professional
leave may not exceed eight (8) teachers.
5.083 Where leave is granted under the provisions of this Section,
a substitute will be provided in accordance with the Board-approved policy
governing employment practice.
5.09 Medical Leave
5.091 A written application for a leave of absence, or an extension
of a leave of absence, without pay, leave accrual, or Board paid benefits,
for medical reasons due solely to the physical condition of the teacher
making such request, must be accompanied by a statement from the attending
doctor and be approved by the school physician; said statement must indicate
the nature of the illness and definitely recommend that the teacher be
relieved of duties.
5.092 The request for leave shall be granted for the remainder of
the semester or the remainder of the school year, or for an entire school
year, with the possibility of a renewal of the leave, upon written request,
according to the provisions of Section 3319.13 of the Ohio Revised Code. An
earlier termination of this leave, if requested in writing by the teacher,
shall be at the discretion of the Superintendent, and in accordance with the
needs and interest of the schools.
5.093 At least thirty (30) days before a teacher on a leave of
absence for medical reasons expects to resume his/her duties, the teacher or
someone acting in the teacher's behalf, must request, in writing, the
reinstatement of said teacher to the staff. Failure to comply with this
regulation shall be deemed an automatic resignation.
5.094 Not less than ten (10) days before termination of leave, a
doctor's statement approved by the school physician must be submitted by the
teacher. This statement shall certify that the teacher has been examined and
that the teacher will be able to resume duties with the Board when the leave
of absence expires.
5.095 Whenever any teacher has been absent from active service a
sufficient number of days to exhaust his/her accumulated sick days, and
continues in absence without applying for a leave of absence under this
Section, the Superintendent shall investigate the facts of the case and shall
have the authority to recommend to the Board that an unrequested leave of
absence be granted according to the provisions set forth in Section 3319.13
of the Ohio Revised Code. Any teacher who refuses to comply with the terms
of such a leave shall be considered to have terminated his/her contract.
5.096 All insurance coverage provided by the Board and desired by
the teacher shall be continued, upon approval by the respective insurance
carrier, for those who are on such leave, upon payment of the premium by the
teacher to the Treasurer not later than the twenty-fifth (25th) day of each
month preceding the month for which the premium is due.
5.10 Assault Leave
5.101 The Board shall grant a paid assault leave not to exceed one
hundred (100) workdays per assault, in lieu of paid sick leave, for
bargaining unit employees who are disabled due to a physical disability
resulting from an assault which occurs in the course of Board employment or
which occurs while carrying out an approved school-related assignment. Any
amount of salary payable pursuant to this Section shall be reduced by the
amount of any worker's compensation awarded for temporary disability due to
said assault injury for the period for which such salary is paid. In order
to be eligible for a leave, the employee shall be required to submit a
physician's verification that a disabling condition exists due to the
employment-related assignment.
5.102 A teacher who is assaulted and takes time off to visit a
doctor or hospital shall have that time charged to assault leave.
5.11 Leave of Absence Without Pay or Benefits
5.111 Duration of Leave:
A. Full Year Leave of Absence: A bargaining unit member shall
during the term of this Master Contract, be granted one leave of absence
without pay or benefits for one full school year provided:
1. The bargaining unit member has filed a written
request with the Executive Director of Personnel prior to July 10 of the
school year in which the leave is requested.
2. The reason for such leave shall not be employment in
another school district unless the Superintendent authorizes leave for such
purpose.
B. Partial Year Leave of Absence: A bargaining unit member may
request and the Superintendent may grant a leave of absence without pay or
benefits for the remainder of the school year.
C. Extension of a Leave of Absence: No later than April 1, a
bargaining unit member may request and the Superintendent may extend a leave
of absence without pay or benefits for an additional school year.
D. The Superintendent's discretion under Section 5.111 (b) and
(c) shall not be exercised in an arbitrary or capricious manner.
5.112 Restrictions:
A. Return from a Leave of Absence: The Board will not be
obligated to return the bargaining unit member to active status prior to the
expiration of the requested leave.
B. Seniority: The bargaining unit member shall not receive
seniority credit for any school year where the bargaining unit member has
less than one hundred twenty (120) days of active status.
5.12 Leave of Absence Under Family Medical Leave Act
5.121 Entitlement: An employee is entitled to a total of twelve
workweeks of leave during any twelve month period for one or more of the
following reasons: (1) the birth of a son or daughter and in order to care
for such son or daughter; (2) the placement of a son or daughter with the
employee for adoption or foster care; (3) to care for the employee's spouse,
son, daughter, or parent who has a serious health condition; or (4) because
of the employee's own serious health condition that renders the employee
unable to perform the functions of the job. Where spouses are both employed
by the same employer, the aggregate number of workweeks to which both may be
entitled may be limited to twelve during any twelve month period in which the
leave is taken (1) for the birth of a son or daughter; (2) for the placement
of a son or daughter with the employee for adoption or foster care; or (3) to
care for a parent (not, however, parent-in-law) who has a serious health
condition.
5.122 In the event a teacher has taken paid sick leave for any of
the circumstances for which she/he applies for and receives an unpaid leave
of absence, the period of paid sick leave shall be deducted from the twelve
week period for continuation, at Board expense, of health benefits during the
otherwise unpaid leave of absence.
5.123 Return from Leave: On return from leave, the employee is
entitled to be restored to the position held when leave began. Taking leave
cannot result in the loss of any benefits accrued prior to leave, but
benefits do not accrue during the period of leave. The employer can require
an employee to report periodically on his status and intention to return to
work.
5.13 Military Leave
A. Teachers who are members of the Reserve Forces of the United
States or Organized Militia as defined in ORC 5923.01 are entitled to leave
of absence from their respective duties without loss of pay for such time as
they are in military service on field training or active duty as defined in
ORC 5923.01 for periods not to exceed thirty-one (31) days in any one
calendar year. Military leaves and right to re-employment upon completion of
military service shall be granted in accordance with ORC 3319.14, ORC
5903.06, ORC 5903.061, and ORC 5923.05.
B. During a national emergency, should the period of active duty
exceed thirty-one (31) days the teacher shall continue to receive the
difference between his/her normal pay and his/her base military pay (without
allowances) for the duration of military service and all benefits shall
remain in force. Upon return, the teacher shall be reinstated to his/her
previous assignment if within the same school year or the same or similar
assignment if the leave is longer than one year. For purposes of seniority
and placement on the salary schedule, years of absence for military service
shall be counted as though teaching service had been performed during that
time.
5.14 Jury Duty Leave
5.141 An employee shall be granted a leave with pay for the period
of jury duty service.
5.142 Each employee shall notify his/her building
principal/immediate supervisor upon receipt of summons served.
5.143 Jury duty is considered a day of work. During the period of
the jury duty service, if the Court does not need the employee for a given
day, or if the employee is released by the Court with more than two (2) hours
of their regular work day remaining, the employee will call his/her building
principal/immediate supervisor. Unless the building principal/immediate
supervisor indicates otherwise, the employee will report to his/her regular
classroom/work assignment for the remainder of their work day.
5.144 Within fifteen (15) days of the receipt of any jury duty
compensation the employee is required to endorse over or pay the amount
received from the Court for the day(s) served. The employee shall also
provide a Court signed slip, or a copy of the pay stub to verify the day(s)
served. The compensation, along with the verification slip or pay stub must
be sent to the Treasurer of the Warren City Schools.
5.145 If the employee fails to follow the procedure outlined in
Section 5.144 of the Agreement, the Treasurer is authorized to payroll deduct
the amount equivalent to their daily rate of pay for the day(s) absent.
ARTICLE VI EMPLOYMENT PROCEDURES
6.01 Teacher Assignment
6.011 No teacher shall be assigned to a position ("primary teaching
assignment(s)") for which he/she is not certificated/licensed. (This section
does not apply to casual substituting referred to in Article VI, Section
6.11.)
6.012 Teacher(s) who will be affected by change of grade, subject,
or building assignment will be notified in writing and consulted by the
immediate supervisor as soon as it is practicable. Every effort will be made
to notify such teacher in a manner that affords him/her time to obtain the
required instructional materials and to prepare for the change, prior to its
implementation. Such changes will be voluntary where possible.
6.02 Temporary Certification/Licensure
6.021 Any teacher initially employed under a temporary
certificate/license issued by the Ohio Department of Education shall be
subject to the following only while working under the temporary
certificate/license:
A. Reduction in Force/Recall Rights: On or before April 30 of
the school year, the employee shall be subject to a Reduction in Force as
described in Section 6.08 of the Agreement (excluding Section 6.081 a. --
Scope of Procedure and Section 6.082 -- Attrition). The Board shall provide
the employee with the proper notification.
1. Contrary to Section 6.083 a. 1. and Section 6.083 b.
of the Agreement, the employee shall not be afforded “bumping” rights into
another area for which he/she may hold valid certification/licensure from the
Ohio Department of Education.
2. The employee shall not be afforded recall rights as
described in Section 6.083 e. and Section 6.083 g. of the Agreement. Instead,
the employee shall be provided limited recall rights into any vacant position
that cannot be filled by a fully certified/licensed applicant or teacher in
the area for which he/she was originally employed into the district under the
temporary certificate/license, provided:
a. The employee has received satisfactory evaluations
from the district, and
b. The employee qualifies for a renewal of the temporary
certificate/license from the Ohio Department of Education for the upcoming
school year. The employee shall have until August 1 to complete the
necessary coursework to qualify for a renewal of the temporary
certificate/license, and submit to the Board verification of such completion
in the form of official transcripts (no other verification shall be
acceptable). Failure to comply with this date will forfeit the employees
right to this limited recall.
B. Conditions of Employment:
1. The employee shall not possess the Voluntary Transfer
rights afforded by Section 6.031 of the Agreement.
2. Per Section 6.05 of the Agreement, the employee may
apply for a posted vacancy for which he/she holds a valid certificate/license
from the Ohio Department of Education at any time, and they shall be granted
an interview.
6.022 Teachers Initially Hired under Temporary Licenses Prior to
April 1, 2005: Any teacher initially hired under a temporary
certificate/license prior to April 1, 2005 shall be entitled to continue
serving under a temporary license for the 2005-06 school year, provided the
employee submits the documentation required by Section 6.021 (A)(2) of the
Agreement and provided such temporary license is renewed by the Ohio
Department of Education. For the 2006-07 school year the following will
occur:
A. If such teacher obtains a regular certificate/license by July
1, 2006 in the position for which they were previously employed under a
Temporary certificate/license, he/she shall have full rights and privileges
afforded bargaining unit members by the Agreement.
B. If Section 6.022 (A) above does not apply, then
notwithstanding Section 6.021 (B)(1) of the Agreement, such teacher shall
have voluntary transfer rights, per Section 6.031 of the Agreement, from the
conclusion of the 2005-06 school year until 12:01 a.m. of the first work day
for all teachers for the 2006-07 school year. Such teacher will need to
submit a written request for the transfer by May 1, 2006.
C. If Sections 6.022 (A) or 6.022 (B) above do not obtain a
position for such teacher in an area where he/she holds a regular
certificate/license, that teacher shall then have recall rights, per Section
6.08 of the Agreement, to any vacant position for which he/she holds a
regular certificate/license.
6.03 Transfers
6.031 Voluntary Transfers:
a. A bargaining unit member may not request a voluntary transfer
until he/she has completed two (2) full years of employment as a teacher in
the Warren City School District.
b. Teachers who desire a transfer for the subsequent school year
must submit a completed Transfer Request form (see Appendix I) by May 1. The
request must contain a first preference and, if possible, a second
preference. No more than two (2) preferences will be accepted. A voluntary
transfer request may not be withdrawn or altered after May 1 and it shall
remain in effect until 12:01 a.m. of the first work day for all teachers of
the following school year. Any withdrawal or alteration to a request for a
voluntary transfer before May 1 must be in writing.
c. The following positions shall not be available for voluntary
transfer or selection by a displaced teacher, unless he/she has previously
served in that specific position, or unless it will result in another
bargaining unit member losing employment:
Teacher in Charge of Student Services
Teacher on Special Assignment
Lead Mentor Teacher
Mentor Teacher
Teacher assigned to a non-public school
Technology Specialist
Technology Teacher
Literacy Collaborative Building Coordinator
Reading/Recovery Teacher
d. Effective September 1, 2005, any teacher who does not have high
school certification/licensure or who does not meet the “highly qualified”
standard may not request a transfer to a seventh or eighth grade core
academic teaching position.
e In addition to all other open positions, any position that
has been filled by a new hire after the first day of the school year shall be
made available for voluntary transfer for the subsequent school year,
provided the position is to be continued. Said position(s) shall be posted
no later than April 1.
f. Subject to section 6.031 g. below, the position shall be
awarded to the most senior bargaining unit member as follows:
1. First, to the teachers who have been previously
displaced, who shall have the option of returning to the position from which
they were originally displaced or similar position if such displacement
occurred within the past five (5) years, unless the exercise of such option
would result in another bargaining unit member losing employment.
2. Second, to teachers, in order of seniority, who have
requested voluntary transfers, unless the exercise of such option would
result in another bargaining unit member losing employment. If the teacher
is granted a voluntary transfer, the teacher must follow the educational
program already in place in the building (e.g., inclusion, early literacy
programs, looping, etc.)
3. Third, to currently displaced teachers, in order of
seniority, unless the exercise of such option would result in another
bargaining unit member losing employment.
4. Teachers shall remain in the positions to which they transfer
for a minimum of three (3) years before they can request another transfer
unless an earlier move is mutually agreed upon by the parties or the building
closes.
5. A teacher granted a voluntary transfer shall be entitled to
remain in the position for a minimum of one (1) year before the
Superintendent can invoke an involuntary transfer per Section 6.032 B. of the
Agreement. The exception to this prohibition is if the Superintendent
determines that a specific voluntary transfer or continuation of the teacher
in the position transferred to is likely to have a negative impact on
students, then the Superintendent shall provide the affected teacher, and the
Association President, with a written statement indicating reason(s) for the
transfer or assignment within seven (7) days of the transfer.
6. No teacher may be transferred to a position for which he/she
does not possess the appropriate certification/licensure.
7. Any teacher impacted by a Performance Improvement Plan (PIP)
who is granted a voluntary transfer shall continue to be impacted by the PIP
after the transfer, unless the PIP expires prior to the effective date of the
transfer.
g. Any teacher who is granted a voluntary transfer shall not
have the right to decline the transfer.
h. Notwithstanding the rights of bargaining unit members in
Section 6.031 e. above, the Executive Director of Personnel shall, whenever
possible, offer a vacant position to the bargaining unit member on the recall
list as provided in Section 6.083 e.
6.032 Involuntary Transfers:
A. Procedure: When a reduction in the number of teachers in a
school is necessary, or when involuntary transfers between schools are
necessary, all volunteers shall be given consideration for transfer
consistent with their areas of certification/licensure.
Thereafter, involuntary transfers will be made on the same
basis of certification/licensure in the area and the lowest number of years
of service in the school system, those lowest in service being transferred
first. All such transfers shall be consistent with the areas of
certification/licensure of the affected teacher.
Involuntary transfers related to grade-level assignments and/or
subject assignments or any other assignments within a building shall be at
the sole discretion of the building principal, however, the building
principal shall not move a teacher into a position within the building for
which the employee is not “highly qualified” under ESEA and/or IDEA unless
such failure to transfer would result in another bargaining unit member
losing employment.
B. Assignment: The final right of assignment of teachers shall
remain with the Superintendent. In the event the Superintendent makes an
assignment or a transfer of a teacher which is not made pursuant to the
criteria contained in Section 6.032-A, the Superintendent shall within seven
(7) days of the notification of the proposed transfer, give the affected
teacher a written statement indicating reason for the transfer or assignment.
C. Preparation: The bargaining unit member being transferred
shall be granted two (2) workdays off to effect such transfer if such
transfer is after the beginning of the school year and to a different
building.
6.033 Displaced Teacher:
A. A displaced teacher is an employee of the District who has
lost his/her position due to the closing of a building, discontinuation of
course offerings, movement to a different building due to a reduction in the
number of teachers needed at a building, or moved to another position caused
by implementation of the reduction in force procedures.
1. Currently displaced teachers are teachers who are affected by
the current reassignment.
2. Previously displaced teachers are teachers who have been
affected by previous reassignments.
B. Previously displaced teachers shall be subject to the
following:
1. The initial listing of displaced teachers shall be those
qualifying teachers who notify the Executive Director of Personnel by April 1
of their desire to be placed on the list.
2. Effective September 1, 2005, any teacher without high school
certification/licensure or who does not meet the “highly qualified” standard
cannot have previously displaced teacher status to a seventh or eighth grade
core academic teaching position.
3. They will remain on the list for five (5) years from the date
of their last reassignment.
4. Their name will be removed from the list if they have had the
opportunity to make a transfer and have chosen not to do so.
5. They will have the option to return to the position from
which they were originally displaced or similar position if the displacement
occurred within the last five (5) years.
6. Except as provided in Section 6.035 of the Agreement, their
name will be removed from the list if the building from which they were
displaced is closed.
7. Should a previously displaced teacher receive a voluntary
transfer, he/she shall no longer have rights of a previously displaced
teacher.
8. Prior to the beginning of the 2006-07 school year and
thereafter, any teacher who has declared his/her previous displaced teacher
status shall be returned to his/her previous position so long as: (1) the
position exists, (2) it was not filled with a more senior bargaining unit
member, and (3) the return does not result in another bargaining unit member
losing employment.
This will be accomplished by transferring the teacher who
ended up in the previously displaced teacher’s former position into a “pool”
of available teacher(s) for reassignment to a position for which they hold
appropriate certification/licensure. If no such position becomes available
prior to the beginning of the school year, the previously displaced teacher
will be displaced again. This second displacement shall not extend the five
(5) year period of displaced teacher rights for previously displaced teacher.
C. Displaced Bargaining Unit members shall, in order of
seniority as displaced Bargaining Unit members, have preference in the
filling of posted vacancies for which the Bargaining Unit member is
certification/licensure.
D. Currently displaced teachers shall be selected in the
following manner: 1) volunteers in the affected building who are qualified by
certification/licensure; 2) the least senior bargaining unit member in the
building in the affected area of certification/licensure.
6.034 Disabled Employee: Notwithstanding any of the provisions of
this Master Contract, the Board may transfer, after consultation with the
Association, a disabled employee (as identified by the Americans with
Disabilities Act of 1990 (ADA), 42 USCA 1210 et seq.) in order to provide
a "reasonable accommodation," where necessary for such disabled employee.
6.035 Movement of Staff in Conjunction with a Building
Construction/Renovation Project: During the initial assignment of staff to a
building that has been newly constructed and/or renovated under the auspices
of the Ohio School Facilities Commission, the following provisions shall
apply and shall supercede the provisions of Section 6.031 (Voluntary
Transfers) of the Agreement:
A. Newly Constructed K-8 Building:
1. Except for the positions identified in Section 6.035
C. of the Agreement, staff in all “feeder” elementary buildings (includes all
specialists in the cluster affected regardless of what building is closed or
the specialist’s assignment) that will be closed to create a “new” K-8
building, who are not impacted by a Reduction in Force per Section 6.08 of
the Agreement, shall be transferred as a group of employees to the “new” K-8
building. Teachers in this group will be assigned to the same grade
level/subject area provided there are no previously displaced teachers within
the group awaiting assignment to a different grade level who have more
seniority than bargaining unit members currently teaching that grade level
and/or the number of grade level/subject area assignments in the “new” K-8
building is equal to or less than the number of teachers in the group who
taught in that grade level/subject area immediately preceding the transfer.
In the event there are fewer grade level/subject area assignments in
the “new” K-8 building than existed in the “feeder” buildings, teachers
within the affected grade level/subject area will be displaced according to
the provisions of Sections 6.032 and 6.033 of the Agreement.
2. Except for the positions identified in Section 6.035
C. of the Agreement, staff in a “feeder” Middle School building that will be
closed in conjunction with the opening of a “new” K-8 building(s), who are
not impacted by a Reduction in Force per Section 6.08 of the Agreement, shall
be subject to transfer to the “new” K-8 building(s). Based upon seniority,
affected staff shall select an assignment within the grade level/subject area
he/she taught immediately preceding the transfer. In the event the Middle
School will be a “feeder” to more than one (1) “new” K-8 building, based upon
seniority, affected staff shall also select the “new” K-8 building to which
he/she will be assigned. In the event there are insufficient positions
within the “new” K-8 building(s) in the grade level/subject areas taught by
this group of employees immediately preceding the transfer, the least senior
employees, within the affected areas of certification shall be displaced
according to the provisions of Sections 6.032 and 6.033 of the Agreement.
3. Except for the positions identified in Section 6.035
C. of the Agreement, should there be a partial closing of an Elementary
(includes all elementary specialists in the cluster affected regardless of
what building is closed or the specialist’s assignment) and/or Middle School
in conjunction with the opening of a “new” K-8 building(s), those employees
within the partially closed Elementary and/or Middle School who are not
impacted by a Reduction in Force per Section 6.08 of the Agreement, shall,
based upon seniority, be eligible to volunteer for assignment to the “new” K-
8 building provided such assignment is in the same grade level/subject area
as he/she taught immediately preceding the requested transfer. In the event
there are not a sufficient number of volunteers for assignment to the “new” K-
8 building, the provisions of Sections 6.032 and 6.033 shall be used to
determine which staff members shall be reassigned to the “new” K-8 building.
4. Any staff member displaced from his/her current
position and who does not receive a position in the “new” K-8 building per
the provisions of Section 6.035 A. 1. and 2. above shall be permitted to
submit a request for a voluntary transfer, provided such request is in
writing and submitted to the Director of Personnel by June 1 or within ten
(10) calendar days of receipt of the notice of his/her displacement, which
ever date is later.
B. Newly Constructed High School Building: All staff in the
high school building that will be closed to create a “new” high school
building that are not impacted by a Reduction in Force per Section 6.08 of
the Agreement shall be assigned to the same subject area assignment in
the “new” high school as assigned prior to the move. However, if not enough
positions exist in a particular subject area in the “new” high school to
accommodate all teachers previously assigned, reassignments shall be made
outside of the prior subject area according to seniority and certification.
C. The provisions of Section 6.035 A. do not apply to the
positions identified in Section 6.031 c. of the Agreement. Employees working
in these positions shall be assigned to a building(s) by his/her immediate
supervisor.
D. Assignments may be made at variance with Sections 6.035 A.
and/or 6.035 B. if it is necessary to prevent another bargaining unit member
from losing employment.
E. After completion of the initial staffing of a newly
constructed/renovated building, the provisions of Section 6.035 A. and/or
6.035 B. shall cease to have effect. Subsequent openings in the affected
building shall be filled according to the provisions of Sections 6.031,
6.032, 6.033, 6.034, or Section 6.05 of the Agreement.
F. Teachers shall be provided at least the equivalent hours of
one (1) full school day of time in the work day to pack for the move to
a “new” K-8 building and at least the equivalent hours of one (1) full school
day of time in the work day to unpack in the “new” K-8 building. It is
understood this time may take the place of an early release day or other
activity.
G. In the event unforeseen issues arise in the staffing of
a “new” K-8 and/or High School Building, those issues shall be referred to
the Joint Ad Hoc Committee on Staffing for discussion and resolution. The
decision of the Committee shall be binding on all parties and shall not be
the subject of a grievance under the provisions of the Agreement.
H. The reintroduction of previously displaced teachers to one of
the “feeder” elementary or Middle Schools, as provided for in Section 6.033
E. of the Agreement, will take place in conjunction with the move to
the “new” K-8 buildings. Any individual with previously displaced teacher
status to a “feeder” building shall retain such status in the newly opened K-
8 building.
6.04 Employment of Retired Teachers: Any successful applicant for a
vacant bargaining unit position who is retired under the State Teachers
Retirement System of Ohio, or who will be retired into STRS prior to the
first day of instruction, shall be treated as a newly-hired teacher in the
district with respect to contract status, salary, benefits, seniority, and
all other aspects of employment. To the extent this Section of the Agreement
is in conflict with ORC § 3319.11, this Section shall take precedence.
6.05 Certificated/Licensed Vacancies
6.051 Vacancy is defined as any certificated/licensed position or
supplemental position in the school district which is newly created, or which
has been occupied and for whatever reason it becomes no longer occupied and
the Superintendent, in his/her discretion, decides the position is to be
continued and filled. The exception to this definition shall be any position
adjustment that occurs after the start of instruction that is caused by a
fluctuation in student enrollment.
6.052 Posting Procedures: Vacancies shall be posted as provided
herein for at least five (5) work days. The notice shall clearly set forth a
description of the qualifications for the position, including duties, salary
ratio, and procedure for application. Each member of the bargaining unit
submitting an application within the proper time frame and meeting the
required job certification/licensure for the posted vacancy shall be granted
an interview.
6.0521 Any objection by the Association or an employee for
failure to post a certificated/licensed vacancy, or
administrative/supervisory position opportunity shall be made to the
Executive Director of Personnel prior to the Board meeting at which
employment action is to be taken. Failure to post said positions shall
require the Board to post prior to filling the position; this shall be the
only remedy for failure to post.
6.053 Schedule for Posting of Vacancies:
6.0531 First day of Instruction through May 1: Subject to
the exception stipulated in Section 6.051 of the Agreement, all newly created
vacancies including but not limited to regular, and/or supplemental positions
along with administrative/ supervisory position opportunities that occur
during the school year shall be adequately published by being posted in all
buildings.
6.0532 Effective May 1 through June 1: All positions not
filled by voluntary transfer, involuntary transfer, and/or completion of the
displacement procedure shall be posted on a weekly basis as vacancies occur
until June 1. The Executive Director of Personnel shall issue a generic
posting(s) for positions that might become available over the summer months
on the last day of instruction. Applicants for the generic posting(s) shall
be as specific with regards to building, grade level, and/or subject area
assignment as the generic posting indicates.
6.0533 Administrative/Supervisory Vacancies: All
administrative/supervisory position opportunities that are identified as
vacancies shall be posted throughout the entire year. During the summer
months when school is not in session, all members of the bargaining unit
shall be notified of any administrative/supervisory position opportunities by
regular U.S. Mail.
6.0534 Vacancy in an Existing Position or an Additional Position
after the Beginning of the School Year: Notwithstanding the right of a
displaced bargaining unit member as identified in Section 6.033 C., any
position which existed as of the first day of instruction that becomes vacant
after the start of the school year or is added after the first day of
instruction shall be filled by the most senior bargaining unit member who is
on the recall list provided he/she possesses the proper
certification/licensure.
Any bargaining unit member on the recall list who possesses
the proper certification/licensure for the vacancy and declines the position
will not lose his/her recall rights.
The District may, absent a properly certified/licensed
individual on the recall list or if there is a properly certified/licensed
individual on the recall list and said individual declines the vacancy, hire
a new employee, or if after the start of the second semester, hire a
substitute to fill the vacancy for the remainder of the school year.
Positions filled under this Section of the Agreement shall be
posted by April 1, and shall be made available to all bargaining unit members
for the subsequent school year through a voluntary transfer per Section 6.031
of the Agreement.
6.054 Teaching positions in summer school and night school will be
filled first by properly certificated/ licensed teachers regularly employed
in the school system.
6.055 Application for night school or summer school, or other
educational programs requiring teachers, shall be made directly to the
Executive Director of Personnel. The decision of the Board on such
applications and filling of such vacancies shall be final.
6.056 Notice shall be given to each applicant that:
a. He/she has been appointed.
b. Possibility of appointment at a later date.
c. He/she will not be appointed.
6.057 When applications for extended school instructors' positions
exceed the positions available, the best qualified applicant shall be
selected. The applicant's area of competence, major or minor field of study,
quality of teaching performance, years of service, and prior service in
extended educational instruction shall be considered.
6.058 The Superintendent shall have the right to determine the
final placement of any and all teachers and/or promotional placements in
administrative and supervisory positions.
6.06 Contracts of Employment
6.061 Individual Contract: All teachers employed by the Board
shall be issued written contracts in accordance with the Ohio Revised Code.
Such contracts shall include the following information:
a. Name of teacher.
b. Name of the school district and Board of Education employing
said teacher.
c. The number of years contract is to be in effect.
d. Annual compensation (schedule and step).
e. Teacher agreement that he/she shall abide by Board adopted
policies.
f. Provision for signature and date of signature of the teacher
being contracted.
g. Any provisions called for by the terms of this contract.
6.062 Salary Notices: Teachers employed by the Board shall be
issued written notices of salary in accordance with the Ohio Revised Code.
Such notice of salary shall include the following information:
a. Name of teacher.
b. Name of the school district and Board of Education employing
said teacher.
c. Annual compensation (schedule and step) to be paid for the
period of the notice.
6.063 Between May 1st and July 10th, a letter of resignation may
not be withdrawn once it has been submitted to the Superintendent or Office
of Human Resources.
6.07 Evaluation: This evaluation procedure will supersede the evaluation
procedure found in Ohio Revised Code 3319.111.
6.071 Objectives: The main purpose of any evaluation is to aid
teachers in improving the quality of instruction and to encourage the pursuit
of excellence. With this purpose as the main principle of any procedure, the
objectives listed below shall be followed by the evaluator:
a. To recognize superior teaching performance.
b. To encourage teachers to continually reassess their
instructional effectiveness.
c. To provide the school district with quality control
assessment for use in what constitutes a promotion, reassignment, and teacher
contract renewal/nonrenewal.
d. To provide leadership and assistance to that teacher needing
performance improvement.
e. To provide a data file for potential use in referrals to
other educational or employing agencies.
6.072 Evaluators: Building administrators will direct and control
the formal evaluation of professional personnel in their building. The
delegation of this responsibility should only be to another administrator in
the building to which the teacher is assigned, or to a central office
administrator.
This delegation of authority does not relieve the building
principal of his/her responsibility for evaluation.
6.073 Definitions of Evaluations:
a. Formal Evaluation is a process of conferences and
observations which culminates in the written evaluation which is filed with
the principal, teacher, and Superintendent and/or designee.
b. Informal Evaluation is a process of conferences and
observations initiated by either teacher or administrator that could
culminate with a written report filed with the principal, teacher, and
Superintendent and/or designee.
6.074 Sources of Formal Evaluation Data:
a. Classroom observations announced or by teacher invitation.
b. Required Evaluator/Teacher Conferences should occur prior to
first classroom observation, following each observation, and prior to filing
the written evaluation. This shall not preclude a written evaluation being
finalized at the last post-observation conference. Evaluator/Teacher
conferences are recommended prior to and following all other observations.
c. Additional evaluations by another administrator of this
system, (e.g. Special Education, Vocational Education, etc.) may be a part of
this observation/ evaluation process.
Mechanical devices will be used only with the teacher's full
knowledge and consent. Disposition of the data from such device would also
be with the teacher's full knowledge and consent. Only those specific forms
developed by the Evaluation Committee and contained in the “Evaluation
Procedures and Forms” booklet shall be used.
6.075 Formal Evaluation Procedure:
a. In the formal evaluation procedure a conference between
teacher and evaluator should be held prior to the initial classroom
observation to discuss evaluation procedures including the observation report
and the evaluation instrument.
b. Schedule of Classroom Observations:
1. First and Second Year Teachers (to the Warren System)
Two observations completed by January 15 - the first
observation shall be during the first nine (9) weeks of the school year and
the second observation completed by January 15 - The evaluator shall provide
to the teacher a written observation report for each observation. The first
evaluation shall be completed by January 15, with the written evaluation
instrument being provided to the teacher on or before the fifth work day
after January 15.
Two more observations shall be completed between
January 16 and April 1 - The evaluator shall provide a written observation
reports to the teacher for each observation. The second evaluation shall be
completed by April 1, with the written evaluation instrument being provided
to the teacher on or before the fifth work day after April 1.
2. Third Year or More Teachers
Two scheduled observations during the course of the
school year - it is recommended that one take place during the first semester
and the second prior to April 1 - make written observation reports and
complete evaluation instrument by April 10.
Bargaining Unit members with three (3) or more years
in the Warren System shall be evaluated every other year. Any
certificated/licensed employee evaluated on a yearly basis shall be given
specific written reasons. Any certificated/licensed employee may request, in
writing, to be evaluated on a yearly basis.
c. A conference should be held within five school days but no
later than ten (10) school days following the formal classroom observation at
which time the written observation report will be presented to the teacher
and discussed.
d. The final written evaluation instrument will be discussed
with the teacher prior to being filed with the principal, Superintendent
and/or designee and teacher. The teacher may respond in writing as part of
the formal observation. The teacher's signature on the instrument does not
necessarily mean agreement with the contents.
e. Teachers shall be given reasonable opportunity to correct
deficiencies per Section 6.077 c. of the Agreement.
f. Any teacher on a PIP shall, at a minimum, be evaluated in
accordance with the formal procedure for first and second year teachers for
each full evaluation period while on the PIP.
g. Except for instances of serious misconduct such as theft,
assault of a student, or other serious misconduct that exhibits a flagrant
disregard for the mission of the school district, a teacher shall have the
opportunity to work under a PIP for a minimum of one (1) full semester, prior
to the Board notifying him/her of their intent to nonrenew the teacher for
performance.
6.076 Observations and Informal Evaluation Procedures:
a. Informal observations may take the form of verbal/written
communication or the use of the observation report and/or the evaluation
instrument.
b. Informal evaluations and/or observations may culminate with a
written report filed with the principal, teacher, and Superintendent. Said
report may be used as a basis for generating a PIP, and subject to Section
6.075 b. 2. g. may be considered in a nonrenewal decision.
6.077 Guidelines for the Class Observation Report/Formal Evaluation
Procedure:
a. The majority of the observation reports shall be based on
visits of a full class period/one complete lesson and others of thirty
minutes' duration.
b. The focus of the observation report shall be objective. Any
judgmental comments will be substantiated.
c. For any occurrence the evaluator believes needs improvement,
a specific written recommendation should be given. Said recommendation shall
take the form of a Performance Improvement Plan (P.I.P.) developed in
accordance with the guidelines contained in the “Evaluation Procedures and
Form” booklet.
d. Any observation report should be discussed by the teacher and
evaluator within five (5) school days but no later than ten (10) school days
following the classroom observation.
e. A teacher may attach any written comments to the report
regarding any differences of opinion that exist.
f. After the report has been discussed and signed by both the
teacher and evaluator, one copy of it will be given to the teacher, one kept
by the evaluator, and one to the Superintendent and/or designee.
6.078 Evaluation Committee: Notwithstanding the evaluation process
in 6.071-6.077, an ongoing committee shall be maintained over the life of the
Agreement to review and analyze the District's evaluation system. The
committee will look at and explore as many alternatives as the committee
believes will be useful to ensure the continuation of an effective evaluation
process. Any recommendations will be brought back to the Board and the
Association for mutual agreement and ratification. Annually the committee
will review, and update if needed, the “Evaluation Procedure and Forms”
booklet for distribution to certified/licensed staff.
The committee will be composed of four (4) Warren Education
Association members appointed by the WEA President and four (4) administrator
members appointed by the Superintendent or designee. The committee shall
have one co-chair from the Association and one from the administration.
6.08 Reduction in Staff Procedure
6.081 Scope of Procedure:
a. The following procedures shall govern the reduction of
Bargaining Unit members made necessary through decreased enrollment of
pupils, return to duty of regular teachers after leaves of absence, or by
reason of suspension of schools, or territorial changes affecting the
district, changes in programmatic needs of the district (no more than 15
members per year), or lack of funds. For the purpose of this Section, "Lack
of Funds" shall be defined as when the District is compelled to borrow over
the year end (invade the spending reserve) to balance the budget, or when
grant funding is reduced or not renewed. When grant funding is reduced or
not renewed, the resulting reduction in force shall be limited to the number
of positions (full time equivalent) funded by the specific grant funding.
b. Reduction Floor – Effective 6/29/06: Notwithstanding the
ability to reduce staff under Section 6.081 a., members of the bargaining
unit may not be reduced below an absolute floor of 425.
b. Reduction Floor – Effective 6/30/06: Notwithstanding the
ability to reduce staff under Section 6.081 a., members of the bargaining
unit may not be reduced below an absolute floor of 400.
6.082 Attrition:
a. Subject only to the exceptions contained herein, the number
of persons affected by a reduction in force will be kept to a minimum by not
employing replacements for teachers who die, retire, or resign, or whose
limited contracts are not renewed on the basis of performance.
b. The employment of replacements for some positions may be
necessary in the event that teachers in the system do not possess the
necessary certification/licensure.
6.083 Seniority:
a. 1. Whenever it becomes necessary to implement RIF
procedures relative to certificated/licensed employees, seniority and areas
of certification/licensure shall be the exclusive criteria in determining
suspension of contracts in all cases, except as provided for in 6.083-h. of
this Section.
2. Individuals who are employees on September 1, 1988 (9-
01-88), or prior thereto and are serving or who have served in an
administrative position shall be granted bargaining unit seniority for all
years of continuous service in the Warren City School District. Length of
continuous service will not be interrupted or affected by authorized leaves
of absence or placement on the recall list.
3. Employees whose initial employment to an administrative
position occurs after September 1, 1988 (9-01-88) shall be granted bargaining
unit seniority only for those years of service earned while a member of the
bargaining unit. Length of continuous service will not be interrupted or
affected by authorized leaves of absence or placement on the recall list.
b. For purposes of reduction in staff, any and all
certificated/licensed teachers who are certified/licensed in more than one
area of certification/licensure shall be placed on each and every seniority
list for which they have proper certification/licensure. The exclusive
criteria for a reduction in force shall be seniority within an area of
certification/licensure, with the exceptions provided for in 6.083-h. of this
Section.
c. Consistent with the provisions of 6.083-a above, exceptions
to preferences for retention based on seniority may be made when it is
necessary to do so in order to comply with State and Federal laws relating to
employment with the aforesaid 6.083-a.
d. Seniority shall be determined by the length of continuous
service in the District. Length of continuous service will not be interrupted
or affected by authorized leaves of absence or placement on the recall list.
If two (2) or more teachers have the same length of continuous service, then
seniority will be determined by:
1. The date of the Board meeting at which the teacher
was hired, and then by:
2. The date the Board's job offer was accepted in
writing, and then by:
3. The date on which the teacher submitted a completed
job application.
e. Teachers whose contracts are suspended shall immediately be
placed upon a RIF list compiled from the seniority lists provided for in
6.083-b. above. Teachers on the recall list shall be offered re-employment
to positions for which they are certified/licensed in the order of seniority
at the time of contract suspension. A teacher reinstated after having their
contract suspended pursuant to the RIF procedure, shall have seniority
restored for the period during which they are on the recall list. No new
teachers shall be employed by the Board while there are teachers on the
recall list who are certified/licensed for any opening of a teaching position.
f. Notice of recall shall be given by telephone, telegram, or
registered mail to the last telephone number or last address given by the
teacher to the Board. It shall be the responsibility of the teacher to keep
the Board advised in writing of a telephone number and mailing address at
which he/she can be reached.
g. Teachers shall be notified on or before April 30 that their
contracts are being suspended for the next school year. They shall be offered
reinstatement based upon seniority should openings occur for which they have
the necessary certification/licensure during the period that they are on the
recall list. Limited contract teachers placed on the recall list and not
recalled shall remain on the recall list for 48 months beginning September 1,
or any additional fraction of a month thereof up to and including the first
day of the fifth school year following notification of RIF. Teachers who are
offered but who decline reinstatement for such an opening need not be offered
reinstatement again in openings which may occur after the teacher's
declination of reinstatement. Teachers not offered reinstatement during the
period for which they remain on the recall list as defined in this Section
must make application for employment in accordance with established
procedures if they desire to be considered for employment any time after
which their name is removed from the recall list. Such teacher shall be hired
as a new employee due to a break in continuous service and shall be granted
seniority as a new employee. The rights herein granted to a teacher with a
suspended contract shall be forfeited by the teacher should he/she:
1. Waive his/her recall rights in writing;
2. Resign;
3. Fail to accept recall as provided for herein; or
4. Fail to report to work in a position that he/she has
accepted within five school days after receipt of the notice of recall,
unless such recalled teacher is prohibited from doing so because of physical
illness or injuries.
h. Although not eligible for assignment to the Head Start/Day
Care Program, teachers who are displaced because of reduction in force may
apply for positions in those programs and will be considered for employment
based upon their qualifications and Head Start/Day Care guidelines. Among
those who apply and qualify, the teacher(s) with the most seniority shall be
employed.
Staff members hired or assigned in the Head Start/Day Care
Program prior to June 30, 1983, and staff members hired prior to June 30,
1983 and assigned to the Head Start/Day Care Program subsequent to July 1,
1983, shall maintain seniority for RIF purposes in accordance with Article
VI, Section 6.08 of this Contract.
Staff members hired after July 1, 1983 into the Head
Start/Day Care Program shall have seniority for RIF purposes only within this
program. This seniority within the Head Start/Day Care Program shall be
determined by length of continuous service within this program. Length of
continuous service shall not be interrupted or affected by authorized leaves
of absence, or placement in a RIF'd position. If two (2) or more teachers
have the same length of continuous service, then seniority will be determined
by:
1. The date of the Board meeting at which the teacher
was hired; and then by
2. The date the Board's job offer was accepted in
writing; and then by
3. The date on which the teacher submitted a completed
job application.
i. The wording provided in 6.083-h. above is to be interpreted
as follows:
1. During a reduction in force, regular teaching staff
cannot bump into the Head Start/Day Care Program.
2. Staff members employed in the Head Start/Day Care
Program as of July 1, 1983, retain Warren City Schools' seniority.
3. Staff members as of July 1, 1983, who in the future
qualify and are assigned to the Head Start/Day Care Program, retain Warren
City Schools' seniority.
4. New staff hired into the Head Start/Day Care Program
after July 1, 1983, only have Head Start/Day Care seniority and have no other
seniority within the Warren City Schools staff.
j. On or before December 31 of each school year, the
Superintendent shall provide the bargaining agent with a list showing the
seniority of each teacher then employed by the Board. Copies of the list
shall be made available to all principals and all staff rooms on or before
January 15 annually. Each teacher will be notified that the list is
available and must be examined for accuracy. A teacher who believes his/her
seniority is inaccurate must present the matter as a grievance.
k. Voluntary surrender of an area of certification/licensure, or
intent to not renew a certificate/license.
1. The deadline for notifying the administration in
writing of the teacher’s desire to voluntarily surrender an area of
certification/licensure, or the teacher’s intent to not renew a
certificate/license for the succeeding school year is November 15.
2. Failure to timely notify the administration in
compliance with this section may result in the teacher being placed on the
RIF list for the following school year. The seniority list is official
notification of those teaching areas for which a teacher will be
certificated/licensed during the succeeding school year.
6.09 Length of School Year/School Day
6.091 School Year: The length of the school year shall consist of
184 total days plus twelve (12) hours of Professional Development during each
school year as follows:
A. 180 pupil contact days, which may include Parent-Teacher
Conference Days equal to two (2) full days
B. Four (4) non-teaching days:
1. The first day of the school year shall be composed of
the following:
a. Not to exceed one (1) hour for an Association meeting
in the A.M.
b. Not to exceed two and one-half (2.5) hours for a
building meeting.
c. The remainder of the day shall be available for
individual preparation for at least two and one-half (2.5).
2. Two (2) Workshop Days
3. Clerical Day
184 total days plus twelve (12) Professional Development
hours as referenced above for the school year. NEOEA Day shall be a
scheduled, unpaid day in the school calendar, except that the District agrees
to provide a full schedule of Professional Development programming on that
day in addition to NEOEA workshops related to professional responsibilities
with students (excluding trips) which teachers may choose to attend in order
to fulfill up to six hours of Professional Development. If attending an
NEOEA Workshop, the teacher shall provide a certificate of attendance stating
the program attended and the number of hours included.
C. Professional Development: The WEA and the Board recognize
that, as amended, the Teacher Licensure Law and regulations, which provide
the requirements for obtaining, renewing and upgrading teachers'
licenses/certificates, have significantly increased both the costs and the
need for coursework, continuing education units, and other equivalent
professional development activities. In recognition of these factors the WEA
and the Board agree as follows:
1. Each teacher shall be offered the opportunity to
attend twelve (12) hours of Professional Development training at his/her per
diem rate during each school year of the Agreement. For first year teachers
employed in the Warren City School District, except those rehired after
retiring from the Warren City School District, the twelve (12) hours will be
prescribed by the district according to their teaching assignment.
Furthermore, during their first year of employment, all newly hired teachers
must participate in a professional development workshop regarding child abuse
prevention, or provide written verification of previous attendance at such a
workshop. The district shall provide a child abuse prevention workshop at
least once during each year of the Agreement.
2. The administration shall be responsible for making
district-based professional development opportunities available to teachers
who choose to take advantage of the opportunity for paid professional
development. The administration shall develop a Professional Development
training schedule (no later than June 1 of the preceding school year) from
which teachers may choose. The Professional Development Schedule shall
include a more than sufficient number of options to allow every teacher to
complete the required number of hours of professional development.
3. Continuing Education Unit (CEU) credit may be granted
through the Warren LPDC toward certificate/license renewals for courses
offered through this program, provided that the appropriate forms are
completed and submitted to the WLPDC.
4. The Administration shall schedule professional
development workshops on a flexible calendar in an effort to accommodate
teachers' diverse schedules and to maximize the options available to teachers
in scheduling professional development activities after school hours, but
within the school year.
5. Teachers shall not be penalized in the event the
administration fails to provide Professional Development programming.
6. Compensation for the twelve (12) Professional
Development hours has been rolled into the base and shall be paid as part of
the teacher's regular salary. Teachers employed less than full time and/or
those employed after the beginning of the start of instruction shall be
permitted to complete a prorated portion of the twelve (12) hours. However,
teachers shall annually be required to provide the Executive Director of
Personnel with certification of attendance for any Professional Development
hours that he/she has completed. The certification must be provided on or
before the first work day of May for each year of the contract. Teachers
who, for whatever reason, elect not to participate in the District's
Professional Development programming and/or teachers who fail to provide the
required attendance certification in a timely fashion shall be subject to
payroll deductions, but only for the portion of the Professional Development
hours not completed or timely verified. (Any lost certificates must also be
reported to the Executive Director of Personnel by the first work day in May
in order to be timely. Teachers are responsible for obtaining duplicate
certificates.) Such deductions shall be made in two (2) equal installments,
one each during the months of July and August of the relevant contract year.
Similar adjustments in pay shall be made in the event a teacher leaves the
District before the end of the school year without completing Professional
Development hours.
7. No teacher may use sick leave to substitute for
Professional Development hours.
8. A teacher's decision not to participate in all or
some of the Professional Development opportunities described in this section
shall not be part of his/her evaluation nor shall he/she be disciplined on
that basis.
9. Issues that arise during the implementation of this
provision, including the ability to “bank” hours and carry them over into the
succeeding school year, may first be discussed at Labor Management Meetings.
Final decisions as to the implementation of Professional Development
programming, including but not limited to presenters' credit and stipends,
shall be by agreement of the parties.
10. Unless a teacher is ill, failure to attend three (3)
registered workshops within a school year without a forty-eight (48) hour
advanced cancellation notice may result in a pro-rated loss of pay.
6.092 School Day:
A. The present school day which is 7 hours and 20 minutes for
all schools, shall not be extended without the consent of the Association.
The existing practice concerning building meetings outside the regular school
day shall not be affected by this provision.
B. Whenever a school has parental involvement with concerts,
open house, holiday or seasonal programs, family involvement activities,
etc., teachers shall not be required to attend more than three (3) affairs of
this type during the school year as determined by the building principals,
although the Board and the Association encourage teachers to attend
additional such programs and activities.
C. It is recommended that all certificated/licensed employees
attend all scheduled PTA-PTO meetings during the school year.
D. Early Dismissal: There shall be early dismissal of students
on the last day of the first semester and on the last day of student contact
of the school year. The time of the early dismissal will be the maximum
amount of time available which will allow fulfillment of the requirement for
completion of a minimum school day and shall be made available to teachers to
use for clerical and/or other recording keeping purposes.
6.093 Lunch Period: The school day shall include a daily, minimum
thirty (30) minute, duty-free, uninterrupted lunch period.
6.094 Planning/Preparation Time and Meeting/ Teaming Time: A five
(5) day school week shall include planning period(s) as follows:
A. High School - five (5) instructional periods.
B. Middle School - five (5) instructional periods.
C. Elementary School - Not less than forty-five (45) continuous,
uninterrupted, duty free minutes per day during the instructional day.
Elementary Specialists and Elementary Special Education Teachers may have
individual planning time outside the regular instructional day to accommodate
special scheduling needs of the building.
D. For All Teachers
(1) On two (2) weekdays as determined by the Superintendent,
teachers shall have a block of twenty-five (25) minutes per day to be used as
planning/preparation time outside of the instructional day.
(2) On three (3) weekdays as determined by the Superintendent, a
block of twenty-five (25) minutes per day shall be reserved for
meeting/teaming time outside the instructional day. A teacher who does not
have a meeting or teaming obligation to be accomplished during the twenty-
five (25) minute period, shall be afforded the time as teacher
planning/preparation time.
6.10 Personnel Files
6.101 Personnel File Inspection and Rebuttal Material: All
employees will be accorded the right to examine their personnel files and to
make additions of pertinent rebuttal material in accordance with Section 1347
Revised Code. There shall be no more than one (1) official personnel file
maintained for each employee and such file shall be maintained in the Office
of Human Resources.
6.102 Restrictions: The right to review letters of recommendation
is excluded from the above provision. No item from any anonymous source may
be placed in the personnel file.
6.103 Expunging Material from File: Except for evaluations and
letters of recommendation, all materials, at the request of the employee,
shall be expunged after three (3) years of placement in the file. The
expunged material shall be removed from the employee’s personnel file and
archived in an “inactive file” awaiting destruction per the district’s
records retention policy.
6.11 Substitutes
6.111 The Board shall attempt to supply properly
certificated/licensed substitutes for all elementary and secondary teachers
including special education teachers, co-teaching or inclusion teachers, and
special teachers of Art, Music, Physical Education, and computers/technology
(provided they cover three or more teacher preparation periods on that day).
In the event that no substitutes are available, the teacher assuming all or
any part of the class, except while on administrative assignment, will
receive the approved hourly rate (apportioned equally if a class is split
between other teachers) for subsidiary teaching duties to a maximum of the
daily base rate for substitute teachers.
6.112 A teacher in a co-teaching or inclusion classroom setting
will not be paid the hourly rate in the event a substitute teacher cannot be
secured for an absence within their inclusion or co-teaching classroom
setting.
6.12 Labor/Management Committee: The committee shall be a forum to deal
with issues of concern or interest to the parties to this Agreement. The
committee shall be composed of three (3) members of the Warren Education
Association (one high school, one Middle School, and one elementary teacher)
designated by the Warren Education Association President and three (3)
administrators to be designated by the Superintendent for the purpose of
discussing, not negotiating, these issues. The committee shall meet at
mutually agreed upon times no less than once per month while school is in
session.
Within five (5) work days of each meeting, the committee shall file a
report to the Superintendent stating its findings and/or recommendations.
The Superintendent shall respond in writing to the committee within fifteen
(15) work days. A copy of all reports and responses shall be sent to the
Warren Education Association President.
6.13 Noon Aides: The Board shall provide sufficient noon aides for the
supervision of noon extra duties (lunch and playground) in all elementary
schools, grades kindergarten through fourth. In particular, these noon aides
shall relieve those teachers who normally had supervised the lunchroom and
playgrounds during the regularly scheduled lunch period in order to provide
teachers with duty-free lunch period. In the event of emergency absences of
the aides and substitute aides, the classroom teachers may be requested by
the principal to assume the duty. Teachers assuming this duty shall receive
the approved hourly rate for the noon aide duties.
6.14 Teacher Tentative Assignment List: The Board shall publish a
tentative assignment list showing building, grade, and subject for each
teacher prior to the end of the school year, it being understood that final
assignment may have to be modified when and after student schedules are
developed and the final needs of the system with respect to staff
availability are known.
6.15 Continuing Contract Requests
6.151 At its regularly scheduled meeting in October, January, and
April, the Board will act upon all requests for continuing contracts which
have been submitted by completing a Continuing Contract Request Form (see
Appendix H).
6.152 The administration's processing procedure to get requests to
the Board shall not exceed six (6) weeks. In the event the six (6) weeks is
exceeded, the request will be acted upon at the next regular Board meeting
after the State processing is complete.
6.16 Mentor/Entry Year Program
6.161 Definitions:
a. Mentor Teacher - a teacher who will provide performance-based
assistance to an Entry Year teacher.
b. Entry Year Teacher - a teacher who possesses a temporary,
alternative, or a two-year provisional certificate/license who will be
provided performance-based assistance by a Mentor Teacher.
c. Performance-Based Assistance - is diagnostic and designed to
yield information that will help teachers identify specific areas for skill
enhancement. Performance-based assistance consists of collaboration among
professionals to provide adequate diagnosis and assistance to support
individual professional achievement.
6.162 Mentor/Entry Year Committee:
a. An ongoing committee comprised of four (4) teachers appointed
by the Association, and four (4) administrators appointed by the
Superintendent, at least one of whom will be the Executive Director of
Personnel, shall be maintained over the life of the Agreement.
b. The Mentor/Entry Year Committee shall annually review, and
revise if needed, the guidelines and procedures of the Mentor/Entry Year
program. The Committee shall also act as a screening committee to select
teachers who will act as Mentor Teachers. Each committee member shall be
paid at the approved hourly rate for subsidiary teaching duties.
6.163 Minimal Selection Criteria for Mentor Teachers:
a. To be considered as a Mentor Teacher, applicants must meet
selection criteria, must be volunteers, must submit a written request for
consideration to the screening committee, and meet any other guidelines set
forth by the Ohio Department of Education.
b. The applicant must have a minimum of five (5) consecutive
years of teaching experience in the district.
c. The applicant must be able to demonstrate quality teaching
performance. Quality teaching shall be demonstrated via the resume of the
applicant, the letters of recommendation provided by the peers of the
applicant and district administrator(s), and the district evaluations of the
applicant. The applicant must be willing to waive, for purposes of this
procedure only, the confidentiality of performance evaluations, in order for
the screening committee to review the applicant's evaluations.
d. The applicant must hold a valid teaching certificate/license
and must have teaching experience in the same general area of
certification/licensure as the Entry Year Teacher, unless no qualified
candidate to serve as the Mentor Teacher is available, or the Lead Mentor
Teacher, a full-time Release Mentor Teacher or part-time Release Mentor
Teacher would not have a full load of mentees.
e. A Mentor Teacher must be trained in Pathwise, or other program
(s) approved by the Ohio Department of Education.
f. A Mentor Teacher must participate in an ongoing schedule of
professional development in mentoring strategies which are congruent with the
observation and performance-based framework.
6.164 Responsibilities: The Mentor Teacher, in concert with the
Entry Year Teacher, shall develop a performance-based assistance plan for the
assigned Entry Year Teacher. Such plan shall include skill enhancement in
those areas defined by the Pathwise Program or other programs approved by the
Ohio Department of Education. In addition, Mentor Teachers shall provide
professional development for Entry Year Teachers.
6.165 Restrictions:
a. The jointly developed performance-based assistance plan shall
not be developed or utilized as a remediation program.
b. No Mentor Teacher shall participate in any informal or formal
evaluation of an Entry Year Teacher, nor make, nor be requested or directed
to make any recommendation regarding the continued employment of an Entry
Year Teacher.
c. All interaction, written or oral, between the Mentor Teacher
and the Entry Year Teacher shall be regarded with the same confidentiality as
that represented by the attorney/client relationship. Any violation of this
tenet by the Mentor Teacher shall constitute grounds for immediate removal
from his/her role as Mentor Teacher.
6.166 Protections:
a. Each Mentor Teacher, except those released full time and/or
designated as the Lead Mentor, shall be evaluated on his/her regular cycle as
defined in Section 6.075 b. of the Agreement. Any Mentor released full time
and/or designated as the Lead Mentor shall be evaluated annually.
b. An Entry Year Teacher shall be held harmless in the event
that the employer fails or refuses to certify the completion of the program.
c. A Mentor Teacher shall be held harmless in the event that an
Entry Year Teacher fails or does not complete the Entry Year Teacher Program,
or does not successfully complete Praxis III.
6.167 Compensation:
a. Provisions shall be made for the release of each Mentor
Teacher based on the selection of the program option identified in Section
6.169 of the Agreement, and district needs.
b. In addition to the released time, the Lead Mentor and each
Mentor Teacher shall receive a supplemental contract for six percent (6%) of
the B.A. base salary.
6.168 Lead Mentor:
a. The Mentor Committee shall select a Lead Mentor Teacher who
will work to ensure that all Entry Year requirements are met, and who will
facilitate the support to be provided to Entry Year Teachers, Mentors, and
the Mentoring Team. The Lead Mentor shall meet with district Mentors and
Mentor/Entry Year Teacher teams to monitor, review and provide support for
program activities, and to coordinate Professional Development
opportunities. The Lead Mentor shall be a member of, and required to report
to, the district wide Mentor/Entry Year Committee.
b. The Lead Mentor shall cover classes when it is necessary to
release district Entry Year Teachers and Mentors. In addition, the Lead
Mentor shall participate in regional support and networking activities
coordinated through state designated service agencies (i. e. Educational
Service Centers, Regional Professional Development Centers, Special Education
Resource Centers), colleges and universities, professional associations, and
community agencies.
c. The Lead Mentor Teacher may be assigned to work with up to
seven (7) Entry Year Teachers.
d. The Lead Mentor Teacher shall be full time released from
his/her teaching duties for a life time maximum period of three (3) school
years. Upon completion of the three (3) year term, the Lead Mentor shall be
returned to an open position for which he/she holds a valid
certificate/license. At the option of the Lead Mentor, he/she may elect to
return to the classroom before the completion of his/her three (3) year term,
provided notice of his/her desire to return to the classroom is delivered to
the Board on or before April 1. The Lead Mentor shall have preference in
the selection of an open position over teachers requesting a voluntary
transfer and the selection by displaced teachers.
6.169 Program Options: Program options, including but not limited
to a, b, and c, are available to the Board for Mentor Teachers depending on
the number of Entry Year Teachers and the area of certification/licensure
involved:
a. One Mentor Teacher to One Entry Year Teacher: Provisions
shall be made for the release of each Mentor Teacher under this Program
option when necessary for specific mentoring duties. The Lead Mentor can
provide the classroom coverage needed to release the Mentor Teacher under
this Program option, or coverage needs can be provided by alternate methods
to be determined jointly by the building principal and Mentor Teacher.
b. Half Time Release of a Mentor Teacher: A half time release
Mentor Teacher may be assigned up to six (6) Entry Year Teachers. The half
time release mentor teacher shall be assigned no more than three (3) classes
at the High School, no more than three (3) classes at the Middle School, and
no more than one half the instructional day at the elementary school. (Which
half shall be determined jointly by the Mentor and the Principal.)
c. Full Time Release Mentor Teacher: A full time release Mentor
Teacher may be assigned up to fifteen (15) Entry Year Teachers. The full time
release mentor teacher shall be fully released from the classroom, but shall
cover classes should it be necessary to release district Entry Year Teachers
and Mentors. No one may serve more than three (3) consecutive years in a
full time release Mentor Teacher position. Upon completion of the three year
program, or at the end of any one year provided notice of his/her desire to
return to the classroom is delivered to the Board on or before April 1, the
Mentor Teacher shall be returned to an open position. The Mentor Teacher
shall have preference in the selection of an open position for which he/she
is certificated/licensed over teachers requesting a voluntary transfer and
the selection by displaced teachers.
6.1610 Program Review/Revisions: Mentor Teachers shall meet with
the Entry Year Program Committee as a group prior to the end of each school
year to assess and evaluate the program. Recommendations shall be submitted
in the form of a written report to the Association and the Superintendent not
later than May 15.
Association and Board representatives shall meet to discuss
the recommendations prior to the next school year. Any changes in the
program must be mutually agreed to by the Committee established in Section
6.162.
6.17 Job Security: No member of the Bargaining Unit shall be adversely
evaluated, disciplined, non-renewed, terminated or denied any professional
advantage except for just cause. Sections 6.171 and 6.172 apply to
discipline only.
6.171 Option of the Bargaining Unit Member: Any bargaining unit
member confronted with the termination of their employment contract by the
Board shall have the option of challenge to said action by utilizing the
provisions of ORC 3319.16 and 3319.161 or by utilizing the provisions of this
Master Contract, but not both. Should the bargaining unit member wish to
utilize the provisions of this Master Contract to challenge said action,
he/she must notify the Board of that decision within ten days of receiving
notice that the Board is considering contract termination.
6.172 Progressive Discipline:
A. Informal Procedure:
Informal Warning: It is expected that most cases will be
disposed of by an informal verbal warning without formal disciplinary action.
B. Formal Procedure:
1. Formal disciplinary action taken, except in cases
requiring immediate suspension, shall be commensurate with the employee's
offense, including the repetition of an action, without progressing to the
next step.
2. The steps:
a. First Step - Written reprimand;
b. Second Step - Suspension(s) two (2) days with
or without pay (Only the Superintendent shall have the right to suspend a
teacher);
c. Third Step - Suspension(s) five (5) days with
or without pay (Only the Superintendent shall have the right to suspend a
teacher);
d. Fourth Step - Discharge (Only the Board of Education
shall have the authority to discharge an employee).
3. Discharge shall be preceded by suspension, with or without
pay, pending investigation and the completion of the due process procedure.
A suspension may be converted to a discharge following investigation and the
completion of the due process procedure provided an employee has been advised
at the time of the suspension that discharge may follow. The suspension
pending potential discharge envisioned in this paragraph is not the same as a
suspension under paragraph (B)(2) or (C)(2) of this section, and may continue
until the Board acts on a resolution to terminate the affected teacher’s
contract(s). If the suspension pending potential discharge does not result
in discharge, the employee, unless otherwise agreed by the parties, shall be
reimbursed for lost pay, if any.
C. Due Process Procedure:
1. Except in cases requiring immediate suspension, no employee
shall be disciplined without first having been given due process in
accordance with the following procedure:
a. Notice of Allegation and Conference: A written
notice setting forth the allegations, which, if substantiated, could result
in disciplinary action, shall be delivered in person and receipted or sent to
the employee by certified mail. The notice shall include the time and place
of a conference to discuss the allegations.
b. Conference: The conference to discuss the
allegations shall be attended by the employee, the employee's Association
representative(s), and the Board's representative(s). The conference shall
be held no sooner than three (3) days nor later than ten (10) days following
the employee's receipt of the notice of allegations or at the time and place
mutually agreed upon by the parties.
c. Notification of Disposition: The employee and the
Association President shall be notified immediately by certified mail of the
disposition of the matter. If a determination has been made to take
disciplinary action, the notice of disposition shall include the disciplinary
action to be taken and the reason(s) for the action.
2. In cases of immediate suspension, the written notice of
allegations shall be presented to the employee within twenty-four hours
following the suspension, and the conference shall be held as expeditiously
as possible.
D. Privacy of Proceedings: No employee shall be disciplined in
the presence of other employees or in public. To the extent provided by law,
all matters herein shall be kept confidential.
6.18 Class Size
6.181 Ratio - District Wide:
A. The ratio of teachers to pupils on a district-wide basis
shall be at least one full-time equivalent classroom teacher per twenty-five
(25) pupils in average daily membership. Said ratio shall be calculated in
accordance with Sections 3317.02 and 3317.023 of the Revised Code.
B. Adjustments at the beginning of the school year must be
completed by the first Friday after the October count.
6.182 Elementary Class Size:
a. No regular class, Grades K-4, in the elementary
schools, or K-8 schools, shall have more than twenty-eight (28) pupils
without an educational aide being provided for the exclusive use of that
teacher. No regular elementary class (K-4) shall exceed 30 pupils.
b. No regular class in Grade 5, whether housed in the
elementary or middle school, or K-8 school shall have more than twenty-nine
(29) pupils without an educational aide being provided for the exclusive use
of that teacher. No regular class in Grade 5, whether housed in the
elementary or middle school, shall exceed 31 pupils.
c. When a class size is such that it exceeds the limits
set forth in this section and a solution is not available by transfer in the
building where it occurs, the Executive Director of Personnel will have a
twenty (20) working day period in which to cure the situation by some
alternative action.
d. Special education pupils who spend more than half of
their instructional time inside the regular class shall be counted in the
calculation of class size in their regular class.
e. Elementary specialist teachers (art, music, physical
education, and computers/ technology) shall meet with and teach students from
one regular classroom teacher at a time. Small classes of self-contained
special education students may be combined into teaching groups of up to a
maximum of twenty-five (25) students per group provided the elementary
specialist agrees to the compatibility of the students.
6.183 Middle School Class Size - Grades 6-7-8: No regular class
in grades 6-7-8 shall have more than thirty (30) pupils.
6.184 High School Class Size: No regular class in the High School
shall have more than thirty-two (32) pupils, except Physical Education which
shall have a limit of forty (40).
6.19 Class Load
6.191 Middle School Class Load: The administration may implement
up to a seven (7) instructional period day with no activity period. The
structure shall be as follows:
1. No teacher shall teach more than six (6) periods per day.
2. All teachers shall have one (1) planning period per day.
3. Each teacher may have an administrative assignment each day
in lieu of an instructional assignment.
4. During the first week of any grading period, the Principal
shall attempt to correct imbalances in class loads.
5. Lunch period shall not be an instructional period.
A. Class Load Number - Grades 6-7-8: No teacher in grades 6-7-8
shall have more than one hundred fifty-five (155) students per day.
6.192 High School Class Load: The administration may select and
implement up to a seven (7) instructional period day. The structure of each
shall be as follows:
1. No teacher shall teach more than six (6) periods per day.
2. All teachers shall have one (1) planning period per day.
3. Each teacher may have an administrative assignment each day
in lieu of an instructional assignment.
4. During the first week of any grading period, the Principal
shall attempt to correct imbalances in class loads.
5. Lunch is not an instructional period.
A. Class Load Number: No teacher in the High School shall have
more than one hundred sixty (160) students per day in a six period day. In a
seven period day, teachers may have up to one hundred eighty (180) students.
6.193 Block Scheduling--Middle School and High School: The
administration shall have the flexibility to utilize block scheduling.
The class size shall not exceed the provisions of Section
6.18 of The Agreement per block period, however, under block scheduling the
class load shall be calculated by multiplying the number of periods in the
block by the number of students in the class.
6.194 Exemptions:
a. The standards listed in 6.191 and 6.192 shall not apply to
the following:
1. Physical education 6th-7th-8th grades
2. Study hall (the number of students assigned to a
study hall shall not exceed the number of seats in the room.)
3. Directed co-curricular activities
4. Community service courses
5. Instrumental music classes
6. Vocal music classes
b. The standards listed in 6.182 shall not apply to the
following:
1. Directed co-curricular activities
2. Instrumental music classes
3. Vocal music classes
c. The standards listed in 6.183 and 6.184 shall not apply to
the following:
1. Physical education Grades 5-8 at Middle School shall
have a limit of forty (40) pupils.
2. Study hall
3. Directed co-curricular activities
4. Community service courses
5. Instrumental music classes
6. Vocal music classes
6.20 Implementation - Student Enrollment: Class size will be based upon a
student count taken at the end of the second full week in October and at the
end of the second week of the second semester for the second semester classes.
6.21 Bureau of Criminal Identification and Investigation ("BCII"): All
bargaining unit members, new to the District shall be conditionally employed
until the Board receives the results of a criminal records check from the
Bureau of Criminal Identification and Investigation ("BCII"). The Board
shall initiate the BCII check as promptly as possible, and in no case later
than the next business day following Board approval of conditional employment
of a teaching employee. During that period of conditional employment, the
new teaching employee shall be considered a member of the bargaining unit
represented by the Association and entitled to all rights, benefits and
obligations of employment, including the provisions of this Master Contract.
If the report received from BCII indicates that the individual does not
qualify for employment as defined in Revised Code 3319.39(B)(1), the
individual shall be informed that he/she is being released immediately from
conditional employment and the reason, i.e., the report from BCII, for the
release. Any relief thereafter shall be pursued through the courts.
6.22 Shared Decision Making
6.221 Definition: Any collaborative model whereby decision making
regarding some or all of the aspects of the school function is shared at the
building level by the teachers and other stakeholders at the building. The
final authority for the decisions in the predetermined areas rests with the
group rather than with a single person.
Shared decision making models have been labeled using terms
such as: decentralization, site-based decision making, school based decision
making, and participatory decision making to name a few. The primary element
of any shared decision making model must be that the group makes the
decisions, not a single individual. The goal for shared decision making is to
improve educational outcomes for students.
6.222 Commitment: The administration will provide training and in-
service to the administrative team that emphasizes the district’s commitment
to shared decision making. This will include ongoing induction for new
administrators.
The Association will provide direction and guidance to its
membership that emphasizes the Association’s commitment to shared decision
making. Particular attention will be given the unique solutions that shared
decision making can produce at the building level.
6.223 Development and Implementation: The District and the
Association will strive to encourage and facilitate shared decision making in
the Warren City School District. The process of facilitation may entail the
implementation and revision of guidelines and procedures for use in the
buildings or a procedure for compiling data to support decisions.
At least once during each school year, the Superintendent and
Association President will meet to discuss the status/progress of shared
decision making within the district. As a result of said meeting(s)
decisions may be made and/or actions may be taken that will assist with the
facilitation of shared decision making within the district.
6.224 Building Level Shared Decision Making Committee (SDMC): The
ultimate objective shall be to have a viable Shared Decision Making Committee
(SDMC) in every building, but the decision to move forward with
implementation rests with the affected staff and administration of each
building. Once a staff and administration decide to create a SDMC,
representation shall reflect the needs and interests in the building. After
the building jointly determines the number of teacher representatives,
teachers and other stakeholders in the building shall select their
representatives to the SDMC. The building level Shared Decision Making
Committee may confer with the SDMC of another building for purposes of
development and training.
A liaison from each building committee shall meet at least
once per semester with the Superintendent and Association President for the
purpose of sharing information. This shall be in addition to the meeting
required by Section 6.223 of the Agreement.
6.225 Consensus: The building level SDMC shall determine what is
sufficient consensus for decision making on noncontractual items and the
methods by which consensus can be attained in the building.
6.226 Limitations: No aspect of a proposed shared decision making
arrangement or decision may interfere with the centralized functions of the
district. Additionally, building level decisions that affect another
building’s budgeting, staffing, use of other resources, or operations must
include persons affected by the decision.
No aspect of a proposed shared decision making arrangement or
decision can be contrary to the terms of the Collective Bargaining Agreement,
unless a waiver is obtained. All waivers from provisions of this Agreement
must have the mutual agreement of the Association and the Board and are
applicable only to the building requesting the waiver. The waiver must be in
writing, and must specify the contractual provision waived, the nature and
duration of the waiver, and the bargaining unit member(s) affected by the
waiver. No waiver will be granted for more than one year. The granting of a
waiver to a building shall not diminish the provision(s) of the Collective
Bargaining Agreement.
6.23 Petty Cash: A petty cash fund shall be established in each building
in an amount not to exceed two hundred fifty ($250.00) dollars per building.
Such fund shall be used for the reimbursement of expenditures not to exceed
forty ($40.00) dollars per occurrence. In order for a teacher to be
reimbursed for expenditures, prior approval must be obtained from the
building principal. Purchases that are to exceed forty ($40.00) dollars will
not be eligible for reimbursement through petty cash and must be handled
through the normal purchase order process.
The Treasurer retains the right to discontinue the petty cash fund in
any building which does not manage the fund according to appropriate
audit/control procedures.
6.24 Local Professional Development Committee
6.241 Definition/Purpose: Pursuant to O.R.C. 3319.22(A) and O.A.C.
3301-24-08 (Teacher Licensure Law and Regulations), a Warren Local
Professional Development Committee ("WLPDC") shall be maintained over the
life of the Agreement to review individual professional development plans, to
approve certification/licensure renewals, to approve programs and requests
for CEU credit, and to educate district personnel on WLPDC policies.
6.242 Committee Members: The WLPDC shall have six (6) teacher
members appointed by the Association and five (5) administration members
appointed by the Superintendent. Vacancies shall be appointed by the
Association for teacher member vacancies and by the Superintendent for
administrative vacancies. Whenever an administrator's plan is being discussed
or voted upon, the WLPDC shall, at the request of one of its administrative
members cause a majority of the committee to consist of administrative
members by reducing the number of teacher members voting on the plan.
6.243 Term of Office: Each member of the WLPDC shall serve a three
(3) year term, with the terms staggered to provide continuity.
6.244 Compensation and Release Time: It is intended that a
majority of the work of the WLPDC will be accomplished by allowing release
time for WLPDC members. WLPDC members shall not receive any extra
compensation for work during release time. WLPDC teacher members working
outside of regular work hours shall be compensated at the contractual hourly
rate up to a total of forty (40) hours per teacher per fiscal year.
Additional time may be granted upon the approval of the Superintendent.
6.245 Board Support: The Board will provide the WLPDC with meeting
space, filing space, certificate/license tracking services and secretarial
support. The WLPDC shall be allocated an appropriate budget as requested by
the WLPDC and as determined by the Executive Director of Personnel.
6.246 Committee Autonomy: The WLPDC shall determine its own
meeting times, governing rules and criteria for approval of individual
education plans and training requirements for members.
6.247 Appeals Process:
a. Any decisions made by the WLPDC may be appealed by the
teacher or administrator first to the full WLPDC. A teacher or administrator
who disagrees with the decision of the WLPDC may then appeal to a three
person panel consisting of one (1) district teacher/administrator selected by
the teacher/ administrator, one (1) district teacher/administrator selected
by the WLPDC, and one (1) district teacher/administrator mutually agreed upon
by the teacher/administrator and the WLPDC. The panel shall be composed of a
majority of teachers for an appeal filed by a teacher or a majority of
administrators for an appeal filed by an administrator.
b. Should the teacher/administrator and the WLPDC be unable to
reach mutual agreement on the third panel member within thirty (30) calendar
days of the filing of the appeal, the Superintendent and the WEA President
shall develop a list of five (5) panel candidates. The teacher/administrator
and the WLPDC shall then use the alternate strike method to select the third
panel member from the list. The teacher/administrator shall strike first and
third, while the WLPDC shall strike second and fourth.
6.248 Evaluation of Services: Other than a notation to the effect
that a teacher served as a member of the WLPDC, the teacher's activities as a
member shall not be part of his/her evaluation.
6.249 Report of Activities: By the close of each school year, the
Committee shall submit a report of its activities, structure and plans to the
Superintendent of Schools and the President of the Warren Education
Association.
6.25 Provision of a Free Appropriate Public Education For Disabled Students
6.251 District Obligations: The WEA and the Board recognize that
state and federal statutes and regulations require that disabled students be
educated "to the maximum extent appropriate" with children who are not
disabled by providing a special education, related services, and supplemental
aids and services in the least restrictive environment. In providing a free
appropriate public education, the parties acknowledge that the needs of each
individual disabled student will dictate the environment in which the child
is educated and that each student's educational plan will be developed in
accordance with his/her individual special needs.
6.252 Factors in Determining Options: Recognizing all statutory
obligations, the continuum of options available to disabled students and the
potential impact of these obligations and options in the regular classroom
setting, the following factors will be considered:
A. The education benefits, both academic and nonacademic,
available to a disabled student in the regular classroom setting and the
disabled student's progress, with appropriate supplemental aids and services;
B. The effects and impact of the disabled student's inclusion in
the regular education classroom setting upon the other children in the class,
both positive and negative (e.g. unreasonable classroom disruptions or
diversions of instructional time despite appropriate supplemental aids or
services); and
C. The cost of necessary supplemental services.
6.253 Rights and Responsibilities of Staff: Any teacher directly
involved in educating a student who is being served under an IEP or 504 plan,
will be given a copy of the student's plan which will be clarified when
clarification is needed. Said teachers will be given the opportunity to be
present at the IEP/504 Plan team meeting to provide input and feedback in the
development, implementation, or revision of that plan. Teachers are
encouraged to seek assistance in implementing the plan. The IEP/504 plan will
designate the individual to whom the teacher should go to discuss questions
and concerns related to subsection (B) above or seek revisions or
interventions. A teacher who has been directly involved for a reasonable
period of time (a minimum of one grading period) in educating the student
served on an IEP/504 Plan and believes the IEP/504 Plan needs modification to
be appropriate for the student may request a meeting to review the IEP/504
Plan. The meeting shall be scheduled within fifteen (15) working days from
the date of the request. All affected parties shall be properly notified in
accordance with state and federal law.
6.254 Responsibilities of the District: Recognizing that special
classes, separate schooling, or removal of children with disabilities from
the regular education environment may occur only when the nature or severity
of the disability is such that education in regular classes with the use of
supplementary aids and services cannot be achieved satisfactorily, the
District will be pro-active in:
1. Exploring outside resources that will support and
assist the affected teacher in providing education in the least restrictive
environment;
2. Providing in-service training to teachers to assist
in addressing the legal and educational needs of the disabled students in a
regular classroom environment;
3. Exploring successful models of inclusive programs in
a regular education environment for consideration and possible
implementation; and
4. Providing the individualized supplementary aids and
services, including personnel, that may be necessary to provide instruction,
medical procedures, or custodial care in a regular education environment.
6.255 Annual Training: The Board shall provide annually at least
one (1) paid day at a per diem rate of training and/or staff development
programs for employees whose duties are impacted by a disabled student.
6.256 Special Education Class Load:
A. No special education unit shall have more than the maximum
number of pupils permitted by the Rules for the Education of Handicapped
Children or the Requirements Checklist (as required by the Ohio Department of
Education). If the district will exceed pupil maximums of the Rules for the
Education of Handicapped Children and will follow a program regarding student
placement identified in the Requirements Checklist, the Association must be
invited to participate in the background meetings occurring during the term
of this Agreement, culminating in the Requirements Checklist. The
Association President shall annually be given a copy of the Requirements
Checklist and the opportunity to meet with the Executive Director of Special
Education to review those aspects of the Requirements Checklist and
supporting documentation related to pupil maximums. In the event such rules
are amended during a school year, then appropriate adjustments will be made
beginning at the start of the next school year. The WEA and the Board agree
that changes will not be made during the middle of a school year.
B. The population of students with identified disabilities as
part of a regular education classroom or specialists' classroom may not
exceed instructional maximums for special education classrooms except in band
and choir.
6.257 Movement of a Special Education Classroom Unit: A special
education teacher and a core of his/her assigned students may be moved to a
different school when a building is reconfigured, when a building is closed
or when appropriate space limitations so require.
6.258 Continuum of Special Education Services to Students with
Identified Disabilities:
A. Students with identified disabilities may be served in a
variety of ways. Not all methods will be used in any one building. All
services shall be delivered in accordance with Model Policies and Procedures
for the Education of Children with Disabilities. Such methods may include
but are not limited to:
co-teaching using a Special Education (Intervention
Specialist) teacher and a regular education teacher in the same classroom
setting*;
a floating special education (Intervention Specialist)
teacher supporting and supplementing the inclusion efforts of the regular
classroom teachers*;
resource room (may include cross-categorical groupings of
special needs children);
consulting services by a special education (Intervention
Specialist) teacher to a regular education teacher; and
mainstreaming, where appropriate, so a general education
teacher provides all services in a general education setting.
* With regard to scheduling of special education
teachers at the middle school and high school level, reasonable efforts shall
be made to take into account special education teachers’ areas of strength
and necessary preparation time in the regular education curriculum.
B. No educational aide shall take the place of the services of a
special education teacher.
6.259 Nothing in this article should be considered in a manner
inconsistent with federal or state laws governing the education of disabled
students.
6.26 Newly Hired Teachers:
6.261 All teachers new to the district, including those rehired by
the district after retiring into STRS, must provide the following
documentation to the Personnel Office within thirty (30) calendar days of the
first day of instruction:
Valid Ohio teaching certificate/license or acceptable proof of
certification/licensure;
Official transcript of all college coursework, including a copy of
all degrees earned;
Official verification of a current satisfactory TB test;
Official verification of a current satisfactory doctor’s examination;
If in the possession of the employee, a copy of a current BCII report;
Copy of the employee’s valid driver’s license and social security
card or birth certificate.
6.262 Failure on the part of the employee to provide said
documentation within the required time frame could result in the employer
withholding 25% of the affected employee’s gross pay. Said withholding could
begin with the first pay after the 30th calendar day of instruction and would
end with the first paycheck after the Personnel Office is in possession of
all required documentation. Any compensation withheld under this Section of
the Agreement will be paid to the affected employee in the second paycheck
after the Personnel Office is in possession of all required documentation.
6.263 Should an employee fail to provide the required documentation within
forty-five (45) calendar days after the first day of instruction he/she may
be suspended without pay until the Personnel Office is in possession of all
required documentation.
6.264 For purposes of placement on the salary schedule, employees affected
by Section 6.26 of the Agreement must provide the Personnel Office with
official verification of all previous years of teaching employment before
he/she can be credited with previous experience per Section 8.13 of the
Agreement. Any advancement on the salary schedule due the employee shall
become effective once the Personnel Office is in possession of the required
documentation and will be reflected in the next pay check due the affected
employee.
6.27 Textbooks: Teachers who have concerns about the adequacy of the
supply of textbooks or instructional materials necessary to deliver the Board-
adopted curriculum should express their concerns to their building principal
and follow up in writing. If the matter is not resolved to the teacher’s
satisfaction, the matter may be brought to the Superintendent.
6.28 Elementary and Secondary Education Act: In an effort to make sure
that all bargaining unit members are “highly qualified” for their current
assignment, each bargaining unit member identified by his/her principal as
having questions as to compliance must submit to the LPDC his/her plan for
meeting the “highly qualified” requirements (the term “highly qualified” only
denotes the requirements of the 2002 amendments to the Elementary and
Secondary Education Act of 1965, 20 U.S.C. 6301, et seq. (ESEA) and similar
provisions in the 2004 reauthorization of the Individuals with Disabilities
in Education Act (IDEA). Said submission should consist, where necessary, of
documentation of meeting all “highly qualified” requirements. If additional
work is required, the LPDC will work with the teacher to develop his/her plan.
For the purpose of the interim bargaining requirements announced in
the case of State Employment Relations Board v. Toledo City School District
Board of Education, SERB 2001-005 (10-1-01), the parties agree and stipulate
that because the impact of the “highly qualified” requirements of the ESEA
and the IDEA are not fully clear at this time, said “highly qualified”
requirements are deemed to be enacted only upon their effective compliance
date (i.e. beginning with the start of the 2006-2007 school year).
Notwithstanding the Toledo decision, should the parties agree there
is a need to bargain over the effects of the “highly qualified” requirements,
in-term bargaining shall ensue. If there is a dispute over the need to
bargain, however, the question shall be submitted to binding arbitration. In
the event bargaining occurs under this Section, the parties agree to bargain
in good faith. Furthermore, the procedures set forth in Article II of the
Agreement, shall govern said negotiations, except the negotiations period in
Section 2.06 shall be thirty (30) days commencing from the date of the
request to negotiate (or the arbitrator’s decision) and mediation shall be
for a maximum of a two (2) week period. Factfinding shall be scheduled as
soon as possible following mediation, preferably within two (2) weeks. The
Association shall have the right to strike and the Board the right to
implement its’ final offer if no agreement is reached at the conclusion of
the procedures outlined above.
6.29 Workplace Injuries/Worker’s Compensation/Return to Work:
6.291 When an employee sustains an injury believed to be work
related, he/she must report the injury as soon as possible to his/her
immediate supervisor. The injured employee must complete an Employee
Accident Report.
6.292 An injured employee who is off work must be on a leave, and
may apply for any leave he/she qualifies for under Article V.
6.293 The Board, the employee and the Association will meet to
discuss the specifics of any transitional work plan proposed for an employee
in advance of implementation. If the Association does not object to the
specifics of the plan, the Board may follow such plan.
6.30 Drug and Alcohol Program:
6.301 Purpose: Employees are the Board’s most valuable resource,
and for that reason their safety and health is of paramount concern. The
Warren City Schools Board of Education maintains a strong commitment to its
employees to provide a safe workplace and to establish programs promoting
high standards of safety and health. Consistent with the spirit and intent
of this commitment, the board expects employees to report for work in proper
condition to perform their duties. One intent of this program is to prevent
the use of or the possession of drugs and alcohol in the working environment
or arrival at work with them in the employee’s system. Use of these
substances poses a serious threat to the health and safety of all employees.
This provision is intended to allow the Board to adopt a policy and implement
a program that complies with the minimum requirements for the Bureau of
Workers Compensation’s Level 1 Drug Free Workplace Program.
6.302 Employee Responsibilities: Under this program, employees are
responsible for the following actions:
A. Avoiding the use of, and any involvement with, illegal drugs;
B. Avoiding the use of alcohol while at work and controlling off-
the-job use of alcohol and other substances so as to ensure that such use
does not adversely affect safety, productivity or job performance;
C. Using medication or prescription drugs only in accordance
with prescriptions and physician’s directives;
D. Abiding by the terms of this program;
E. If convicted of violating a criminal drug statute based on
actions involving illegal drugs that occur in the workplace, notifying the
Office of Human Resources within five (5) calendar days of the conviction.
6.303 Prohibitions:
A. Illegal Drugs: The manufacture, use, sale, trafficking,
purchase, transfer, distribution, dispensing or possession of any illegal
drug by any employee while on duty, or on or about the District’s premises is
prohibited and may result in disciplinary action (and may subject the
individual to criminal prosecution).
B. Alcohol: The unauthorized use of or intoxication by alcohol
by an employee while at work may be subject to disciplinary action. This
does not attempt to regulate off-the-job alcohol use, except to the extent an
employee comes to work under the influence of alcohol.
C. Medications: In certain situations, an employee’s use of
medication can pose a risk to the safety of the employee or to others. If an
employee’s use of any medication could adversely affect the safety of the
employee, co-workers, students or members of the public; the employees job
performance; or safe or efficient District operation, then the employee must
provide his/her supervisor with a physician’s notice that specifies any on-
duty-related limitations resulting from use of the medication. The knowing
failure to provide such notice of work limitation may subject the employee to
disciplinary action.
D. Discipline: Discipline implemented for violation of this
policy shall be considered on a case by case basis and is subject to Section
6.17 of this Agreement.
6.304 Employee Assistance: It is the District’s intention to help
any employee who has a substance-abuse problem in situations where the
individual seeks assistance. We will attempt to accommodate an employee who
seeks and undergoes treatment and will attempt to protect the privacy of the
individual. An employee who seeks assistance for a problem with drugs or
alcohol prior to any infraction of this policy will not be subject to any
adverse discipline taken for seeking such assistance. This does not protect
the employee from disciplinary action for violation of the prohibitions in
6.273.
If you seek assistance for a problem with drugs or alcohol,
contact the Director of Personnel about available counseling, rehabilitation
and employee assistance. An employee may also call toll free the national
Institute on Drug Abuse Hotline at 1-800-662-HELP.
Please do not hesitate to contact the Director of Personnel
if you have any questions about employee assistance for a drug or alcohol
problem.
6.305 Drug and Alcohol Testing: The following provisions are being
established to ensure and maintain that the Warren City School District is a
drug-free workplace. There will be testing of current employees only if
there is reasonable suspicion as defined in the BWC Drug Free Workplace
Program that the employee is at work under the influence of illegal drugs or
alcohol. The Board’s policy will allow for testing under the following
conditions:
1. Provide for the supervisor trained in the detection of
alcohol and drug use, to order a drug screen and/or alcohol breathalyzer test
(s) immediately when there is reasonable suspicion that an employee has been
using drugs or alcohol.
2. Drug or alcohol testing may be administered to any employee
to determine their fitness for duty when there is reasonable suspicion to
believe the employee may be unfit for duty.
3. A refusal to submit to a drug or alcohol test or engage in
conduct that clearly obstructs the testing process shall be treated as a
positive test.
4. The urinalysis procedure for obtaining the urine specimens
will be done in accordance with an accredited procedure established by the
provider of service.
5. Alcohol Breathalyzer Test: The Superintendent or designee
shall order the employee to report to the Warren Police Department or other
certified provider for an alcohol test after the appropriate arrangements
have been made, if there is reasonable suspicion that an employee is under
the influence of alcohol.
ARTICLE VII FRINGE BENEFITS
7.01 Insurances
7.011 General Provisions:
a. The Board agrees to provide at Board expense hospital,
surgical, major medical, dental, prescription drugs and vision benefits for
all full-time members of the Bargaining Unit and their dependents (see
Appendix J).
b. The Board agrees to provide at Board expense, on a pro-rated
basis, hospital, surgical, major medical, dental, prescription drugs and
vision benefits for all part-time members of the Bargaining Unit and their
dependents (see Appendix J).
c. A bargaining unit member whose effective date of employment
or re-employment is the 1st through the 5th day of the month shall have their
insurance benefits made effective the 1st of the month. If the effective
date is the 6th through the end of the month, the bargaining unit member’s
insurance benefits shall be effective the 1st day of the next month.
d. The complete coverage is expected to be outlined in the plan
booklet published by the carrier, and is expected to be distributed to all
members of the bargaining unit.
e. Insurance coverage under Article VII will be continued
through August for teachers whose limited contracts are suspended that year
and who are eligible for re-employment with the Warren City Schools.
f. Upon receipt, the Warren Board of Education shall provide the
bargaining agent with a comprehensive copy and each addendum for each of the
aforementioned insurances.
g. Spousal Coverage:
(1) Notwithstanding Section 7.011(a) and (b) If an employee’s
spouse is eligible to participate as a current employee or retire in group
health, prescription drug, dental and/or vision insurance or coverage (other
than Medicare) sponsored by his/her employer or retirement system
(collectively referred to as “employer-sponsored group insurance coverage”),
the spouse must enroll in such employer-sponsored group insurance coverage,
or must pay $150 per month toward their family coverage in addition to any
other payments otherwise due. Upon the spouse’s enrollment in any such
employer-sponsored group insurance coverage, that coverage will become the
primary payor of benefits and the coverage sponsored by the Warren City
Schools (WCS) will become the secondary payor of benefits for the spouse.
This Spousal Coverage Section does not apply to spouses who are eligible for
Medicare.
(2) If a spouse needs to wait for a window period as of
July 1, 2005 in order to enroll in his/her other insurance, the fee will not
begin until the window period. If a spouse’s eligibility for coverage with
employer-sponsored group insurance coverage is terminated, the spouse may
return to Warren City Schools primary coverage without penalty.
(3) Every WCS employee whose spouse participates in the
Warren City School’s group health, prescription drug, dental and/or vision
insurance coverage shall annually and upon request complete and submit to the
WCS, a written declaration (Spouse Eligibility Certification form) verifying
whether his/her spouse is eligible to participate in employer-sponsored group
insurance coverage. If a completed form is not returned and received by the
Benefits Insurance office by September 1 of any year, it will be assumed the
spouse is eligible for and declined employer sponsored group insurance
coverage and the $150 per month will be deducted from the employee’s salary
on a nonrefundable basis until the form is provided. If the form is
requested at another time of year, it must be returned within thirty (30)
days or, again, it will be assumed the spouse is eligible and declined
employer sponsored group insurance coverage and the $150 per month will be
deducted from the employee’s salary on a nonrefundable basis until the form
is provided. Once the form is provided, the monthly fee assessment will be
in accordance with 7.011 (g)(1), above.
(4) Employees must timely notify the Warren City Schools
Plan of a change in their spouse’s eligibility for employer-sponsored group
insurance coverage. Failure to timely notify is considered the equivalent of
falsification of the certification form.
h. A committee consisting of representatives from the various
bargaining units representing district employees shall be established by the
Superintendent. The Warren Education Association shall be represented on
such committee by three (3) members, chosen by the WEA President. The Board
shall be represented by three (3) members, chosen by the Superintendent. The
purpose of this committee shall be to address the quality and cost of health
insurance for all enrollees of any district health insurance plan. The
duties of the committee shall be to review and analyze all pertinent
healthcare and health insurance information germane to the stated purpose of
the committee and make recommendations regarding health insurance and
healthcare systems for the district to the Superintendent and the Association
Presidents. If accepted by both the Superintendent and the Association
Presidents, the recommendation(s) shall be binding during the life of the
Agreement without the need for ratification.
i. The parties recognize that a provider can notify the
Board of its intent to no longer make available certain coverage options. If,
over the life of this Agreement, the Board receives notice that a provider
will no longer make available any portion of the coverage provided in the
Agreement, inclusive of Appendix J, the Board will convene the insurance
committee to solicit bids from an alternative carrier(s). The committee shall
seek to maintain the coverage as provided in the Agreement at the same or
lower costs to the Board. Should the committee be unable to meet this
charge, the Board and the Association shall meet to bargain a change in the
insurance coverage. If thirty (30) days from the initial negotiation session
have passed and a tentative agreement has not been reached, any unresolved
issues shall be submitted to binding arbitration under the Expedited Labor
Arbitration Procedures of the American Arbitration Association. The
arbitrators’ role, rather than contract interpretation, shall be to determine
a resolution of the unresolved issues that is fair to all parties. The costs
of said arbitration shall be divided equally between the Board and the
Association.
7.012 Life Insurance: During the term of this Contract, the Board
shall provide group life term and accidental death and dismemberment benefits
for all teachers. The amount of life insurance and accidental death and
dismemberment benefits shall be determined on the anniversary date of the
present coverage. The Board shall provide thirty thousand dollars ($30,000)
of term life insurance and dismemberment benefits with the premium to be paid
by the Board.
7.013 Dental:
a. During the term of this Contract, dental care coverage shall
be provided for all teachers and their dependents. The dental plan shall be
in accordance with the Ohio Medical Indemnity, Inc. endorsement of February
1, 1977, as follows:
1. Dependent children to age 19, 23 (if full-time
student).
2. Orthodontics for unmarried dependent children to age
19.
3. Deductible amount payable by employee for each member
of family: $50
4. Percentage payable by Ohio Medical for orthodontics
$1,000.00 maximum: 60%
5. Percentage payable by Ohio Medical for all other
covered dental services and supplies: 80%
6. Maximum amount payable for each dependent child for
orthodontics during dependent child's lifetime: $1,000
b. The Board shall pay the premium for the dental plan for all
teachers and their dependents.
7.014 Prescription Drugs: During the term of this Contract, prescription
drug coverage shall be provided for all teachers and their dependents who
elect to receive such coverage. The Board shall pay the premium. The coverage
shall be an “open” Formulary Plan (“open” shall be defined as prescriptions
for both formulary and non-formulary drugs are covered, but at different
levels of co-payment by the employee). Generics shall be mandatory unless
the patient has had a negative reaction to the generic medication or the
physician requires a brand name formulary or non-formulary as applicable.
The carrier shall establish the formulary list of drugs, and the employee co-
payments shall be as follows:
Generic $10 per prescription
Brand Name - Formulary $20 per prescription
Brand Name - Non-formulary $30 per prescription
Mail Order (90 day supply) Plan:
Generic $20 per prescription
Brand Name - Formulary $30 per prescription
Brand Name - Non-formulary $50 per prescription
7.015 Vision Care Insurance:
a. Vision care coverage shall be provided for all teachers and
their dependents as per the specifications below. The premium shall be paid
by the Board.
In Network Benefits:
1. Examination One in any
12 month period
2. Lenses One in any
(if required) 12 month period
3. Frames One in any
(if required) 24 month period
4. Exam Co-pay $15.00
5. Materials Co-pay $40.00
6. Wholesale Frame
Allowance $45.00
Out of Network Benefits:
1. Examination One in any
12 month period
2. Lenses One in any
(if required) 12 month period
3. Frames One in any
(if required) 24 month period
4. Exam $35.00
5. Single Vision Lens $25.00
6. Bifocal Lens $40.00
7. Trifocal Lens $55.00
8. Lenticular Lens $80.00
9. Frame $45.00
10. Elective Contact
Lenses $105.00
11. Necessary Contact
Lenses $210.00
7.016 Voluntary Non-Participation in Health Insurance Coverage:
a. The Board shall establish a qualified cafeteria plan subject
to Section 125 of the Internal Revenue Code of 1986 as amended, and any and
all of the rules and/or regulations promulgated thereunder, with the intent
being that there is no tax liability to those who choose the health insurance
plan rather than the waiver. Employees electing to waive the health
insurance plan will be responsible to pay tax on any money received in lieu
of the coverage. The Board will withhold taxes, as per past practice.
b. In accordance with the terms of the cafeteria plan, any
bargaining unit member who voluntarily elects not to participate in any of
the Board-provided health insurance, or elects to receive only prescription
drug, dental, and vision coverage, shall indicate so on a waiver form
provided by the Board. Bargaining unit members are eligible to not
participate in Board-provided insurance only if they have coverage from a
source other than the Warren City School District. The waiver shall have an
effective date of the next following first day of the month. (Health
insurance is defined as any Board provided insurance except life insurance.)
c. Any bargaining unit member who elects to withdraw from the
insurance program as provided above shall be paid $125 per full month
($1,500.00 a year), or an appropriate proration for part-time employees based
upon the board payment of their benefit costs. Any bargaining unit member
who elects to receive prescription drug, dental and vision coverage only
shall be paid $62.50 per full month ($750.00 a year), or an appropriate
proration for part-time employees based upon the Board payment of their
benefit costs.
d. Any bargaining unit member who voluntarily waives
participation in the health insurance program shall be entitled to return to
coverage under this Agreement during the annual open enrollment period, or at
any time at the member’s option if it is permissible under the terms of the
cafeteria plan. A member who opts back into the insurance plan shall have an
effective date the succeeding first day of the month.
7.02 Severance Pay:
7.021 A teacher with ten (10) or more years of service in the
district who elects to retire from active teaching service or who dies while
on active service, shall receive, or his/her estate shall receive, in one
lump sum one-fourth (1/4) of the value of his/her accrued and unused sick
leave to a maximum of thirty (30) days (1/4 of 120 days) multiplied times
his/her per diem rate at the time of retirement. In addition, there shall be
added a sum equal to one-eighth (1/8) of the accrued and unused sick leave in
excess of one hundred twenty (120) days multiplied times his/her per diem
rate at the time of retirement. Subsequent to notification by the Treasurer
to the teacher that the teacher is eligible for severance pay, the teacher
shall make application for the same. (Payment shall then be made within
thirty (30) work days of receipt by the Treasurer of written evidence of
retirement into the State Teachers Retirement System. In the case of death
in the interim period, the severance pay would become due and payable to the
estate of the deceased. Payment for sick leave on this basis shall be
considered to eliminate all sick leave credit accumulated by the teacher at
that time. Such payment shall be made only once to any teacher.
7.022 The definition of "per diem" for the purpose of calculation
of severance pay shall be the regular teaching salary, inclusive of the
compensation for Professional Development days contained in the salary tables
and exclusive of income earned from any or all supplemental contracts and/or
extended time, divided by one hundred eighty-four (184) work days.
7.03 Non-Resident Student Attendance: Members of the bargaining unit
represented by the Warren Education Association who are non-residents of the
Warren City School District shall be permitted to have their children attend
school in the District tuition-free.
7.04 Early Retirement Incentive: This shall be known as the Early
Retirement Incentive Program of 2005.
An employee shall be entitled to an early retirement incentive of
twenty thousand dollars ($20,000) if he/she meets all the requirements of
this Section and retires during his/her first year of eligibility (see
definition of “first becomes eligible” and “first year of eligibility” and
program exclusions below). Those individuals who first become eligible
during 2004-05 school year and do not elect this incentive during the first
year of eligibility will no longer be considered eligible.
7.041 Qualification Requirements – The individual must:
7.0411 Be under contract at the time of application.
7.0412 Have completed a minimum of fifteen (15) years of
consecutive service in the Warren City School District.
7.0413 Be eligible to retire under STRS requirements and
meet the filing deadlines as listed in this Agreement.
7.042 “First year of eligibility” and ”first becomes eligible” as
used in this Section means a school year in which the employee:
1) meets the qualifications of Section 7.041, and
2) meets one of the following:
a) the teacher first becomes eligible for any age and
service retirement benefits under the State Teachers Retirement System,
having not previously been eligible for any age and service retirement
benefits, or
b) the teacher becomes eligible for age and service retirement
benefits under the State Teachers Retirement System with 30 years of service,
even if the teacher had previously been eligible for an age and service
retirement with fewer than 30 years of service, or
c) the teacher is eligible for age and service retirement
benefits under the State Teachers Retirement System and has not been
previously eligible for an early retirement incentive under the Early
Retirement Incentive Program of 2005.
7.043 No Early Retirement Incentive shall be granted unless the
employee submits his/her irrevocable resignation for retirement purposes by
April 1 of the first year of eligibility under this provision and actually
retires at the end of the regular school year, effective June 1, July 1, or
August 1 with the STRS.
7.044 Payment Procedures: The Board of Education will pay the
retirement incentive in January of the next year.
7.045 Program Exclusions: The following conditions will cause a
teacher to be ineligible to participate in this retirement incentive program:
7.0451 Terminated, nonrenewed, or resigned effective prior
to the end of the school year of retirement.
7.0452 Failure to meet deadlines as listed in this Agreement.
7.0453 Currently retired and/or receiving retirement
benefits from STRS.
7.0454 Failure to retire during the teacher’s first year of
eligibility as provided in this ERI program.
7.05 Severance Pay Deferral Plan:
1. Notwithstanding anything to the contrary in the Collective
Bargaining Agreement between the Board and the WEA (the “Agreement”) or Board
policy, in accordance with the terms of this Section and any related
provisions of a plan document subsequently adopted by the Board to comply
with the requirements of Section 403(b) of the Internal Revenue Code
(the “IRC”), certain retiring employees shall have their “Severance Pay”
mandatorily paid into an annuity contact or custodial account that is
designed to meet the tax-qualification requirements of IRC Section 403(b)
(a “TSA”). Such payment shall be in lieu of the payment being made directly
to the retired employee; and such payment shall eliminate all sick leave
credit of the retired employee. For purposes of this Section, this
arrangement is referred to as the 403(b) Plan.
For the purposes of this Agreement, a retiring
teacher’s “Severance Pay” is the teacher’s severance pay under Section 7.02
of the Collective Bargaining Agreement between the Board and the WEA
(the “Agreement”) along with any payments under the Early Retirement
Incentive Plan of 2005. Notwithstanding anything in this Agreement or Board
policy to the contrary, the terms of the 403(b) Plan shall comply with the
requirements of this Section 7.05.
2. Participation in the 403(b) Plan shall be mandatory for any
teacher who meets all of the following requirements:
a. The teacher is employed after April 30, 2005.
b. The teacher retires and is thereby entitled to
Severance Pay pursuant to the provisions of Section 7.02 and/or the Early
Retirement Incentive Plan of 2005.
c. The teacher’s last day of employment is in the
calendar year in which he/she will attain age 55.
3. The terms of the 403(b) Plan shall include the following:
a. If a retiring teacher is a participant in the 403(b)
Plan, in lieu of the teacher receiving a cash payment of his or her Severance
Pay and/or the ERIP of 2005, an employer contribution shall be made on his or
her behalf under the 403(b) Plan, in an amount equal to his or her Severance
Pay and/or the ERIP of 2005.
b. If a retiring teacher is entitled to severance pay
under Section 7.02 or a payment under the ERIP of 2005, but is not required
to be a participant in the 403(b) Plan, the retiring teacher’s severance pay
and any payment under the ERIP of 2005 shall be payable to the retiring
teacher in cash.
c. In the calendar year of retirement, or in any other
calendar year, the total amount of severance pay that may be paid to a TSA
under the 403(b) Plan shall not exceed the maximum contribution amount
allowable under the federal income tax law for TSAs that are intended to be
tax qualified under IRC Section 403(b).
d. To the extent that a member’s Severance Pay exceeds
the maximum contribution allowable under the 403(b) Plan for any calendar
year, the excess amount shall be payable to the 403(b) Plan in the following
January, up to the maximum 403(b) Plan limits for that calendar year. If
there is any remaining excess, it shall be paid in cash to the retiring
member.
e. A member who is participant in the 403(b) Plan shall
designate the TSA provider who is to receive the contribution under the 403
(b) Plan; provided, however, that any such provider must be on the approved
list of TSA providers that is in effect at the time of the employee’s
retirement; and the Board shall continue to have authority to continue to
approve or disapprove of TSA contract providers. No contributions shall be
paid by the Board to a TSA provider unless, and until, the retiring teacher
has completed any TSA provider enrollment forms or other legal documents that
will establish the TSA. TSAs shall be individual contracts owned by the 403
(b) Plan participants. However, the Board, in its sole discretion, may offer
one or more group 403(b) Plan contracts to participants.
f. If a member is entitled to have a contribution paid
to the 403(b) Plan and dies prior to such contribution being paid to the 403
(b) Plan, the contribution shall be paid to the 403(b) Plan provider and
shall be paid to a Beneficiary of the member in accordance with the terms of
the 403(b) Plan provider’s contract.
g. The Treasurer shall be the administrator of the 403
(b) Plan, unless the Board delegates administration to a third party
administrator. The 403(b) Plan administrator shall be permitted to
administer, interpret and operate the plan as the Plan administrator shall
deem necessary for compliance with IRC Section 403(b) and applicable
regulations (including proposed regulations) and rulings thereunder.
4. All contributions to 403(b) Contracts shall be subject to
reduction for any required tax withholding or any other withholding that the
Treasurer, in his or her sole discretion, determines is required by law.
Neither the Board, nor the Warren Education Association, guarantee any
investment or tax results associated with the 403(b) Plan or elective
deferrals that are made by a retiring teacher to a 403(b) Contract.
ARTICLE VIII SALARY TABLES
8.01 Salary Information:
8.011 Effective 2007-2008 Base Salary: $29,966
Effective 2008-2009 Base Salary: $30,565
a. If, as of January 25, 2009, the Warren City School District
Treasurer determines that a certificate under Ohio Revised Code Section
5705.412 can be signed covering Fiscal 2010 for a 2% increase on the base
salary, such increase shall go into effect and the Agreement shall be
extended through June 29, 2010.
b. If paragraph (a) above does not apply, but as of January 25,
2009, the Warren City School District Treasurer determines that a certificate
under Ohio Revised Code Section 5705.412 can be signed covering Fiscal 2010
for a 1% increase on the base, such increase shall go into effect and the
Agreement shall be extended through June 29, 2010.
c. If paragraphs (a) and (b) above do not apply, but as of
January 25, 2009, the Warren City School District Treasurer determines that a
certificate under Ohio Revised Code Section 5705.412 can be signed covering
Fiscal 2010 for a 0% increase on the base, the Agreement shall be extended
through June 29, 2010.
8.012 Teachers with a Doctor's Degree shall receive $550 above the
salary rate of the 30 graduate semester hours beyond the Master's Degree
placed on respective step according to years of experience.
8.013 Longevity Step:
a. A longevity step at twenty (20) years shall be added to
Salary Table A providing for a one-time additional increment to those
teachers having complete nineteen (19) years of service on the salary
schedule, and thereafter, and having attained the twentieth (20th) step, the
said teachers shall be subject to any further general wage increases
negotiated between the parties.
b. A longevity step at twenty-six (26) years shall be added to
Salary Table A providing for a one-time additional increment to those
teachers having completed twenty-five (25) years of service on the salary
schedule, and thereafter, and having attained the twenty-sixth (26th) step,
the said teachers shall be subject to any further general wage increases
negotiated between the parties.
c. A longevity step at thirty-three (33) years shall be added to
Salary Table A providing for a one-time additional increment to those
teachers having completed thirty-two (32) years of service on the salary
schedule, and thereafter, and having attained the thirty-third (33rd) step,
the said teachers shall be subject to any further general wage increases
negotiated between the parties.
8.014 Professional Development: Included in the salary tables at
Sections 8.02, 8.03 and 8.04 of the Agreement is the compensation for twelve
(12) hours of Professional Development. Said hours are equivalent to two (2)
additional days calculated at the per diem rate of pay, for an annual
compensation equating to a 186 day school year.
8.02 Salary Table - Teachers, School Nurses: As determined by a calendar
approved by the Board of Education, effective June 30, 2007. Doctor's
Degree: $550
Bachelors Bachelors Masters Masters
Step Degree Plus 18 Degree Plus 30 Doctor
1 $29,966 $31,165 $32,963 $34,461 $35,011
1.00 1.04 1.10 1.15
2 31,165 32,363 34,461 35,959 36,509
1.04 1.08 1.15 1.20
3 32,363 33,562 35,959 37,458 38,008
1.08 1.12 1.20 1.25
4 33,562 35,060 37,458 38,956 39,506
1.12 1.17 1.25 1.30
5 35,060 36,559 38,956 40,454 41,004
1.17 1.22 1.30 1.35
6 36,559 38,057 40,454 42,252 42,802
1.22 1.27 1.35 1.41
7 38,057 39,555 42,252 44,050 44,600
1.27 1.32 1.41 1.47
8 39,555 41,353 44,050 45,848 46,398
1.32 1.38 1.47 1.53
9 41,353 43,151 45,848 47,946 48,496
1.38 1.44 1.53 1.60
10 43,151 44,949 47,946 50,043 50,593
1.44 1.50 1.60 1.67
11 44,949 46,747 50,043 52,141 52,691
1.50 1.56 1.67 1.74
12 46,747 48,845 52,141 54,238 54,788
1.56 1.63 1.74 1.81
13 48,845 50,942 54,238 56,636 57,186
1.63 1.70 1.81 1.89
14 50,942 53,339 56,636 58,733 59,283
1.70 1.78 1.89 1.96
20 53,040 55,737 59,033 60,831 61,381
1.77 1.86 1.97 2.03
26 55,137 58,134 61,430 62,929 63,479
1.84 1.94 2.05 2.10
33 57,235 60,531 63,828 65,026 65,576
1.91 2.02 2.13 2.17
8.03 Salary Table - Teachers, School Nurses: As determined by a calendar
approved by the Board of Education, effective June 30, 2008. Doctor's
Degree: $550
Bachelors Bachelors Masters Masters
Step Degree Plus 18 Degree Plus 30 Doctor
1 $30,565 $31,788 $33,622 $35,150 $35,700
1.00 1.04 1.10 1.15
2 31,788 33,010 35,150 36,678 37,228
1.04 1.08 1.15 1.20
3 33,010 34,233 36,678 38,206 38,756
1.08 1.12 1.20 1.25
4 34,233 35,761 38,206 39,735 40,285
1.12 1.17 1.25 1.30
5 35,761 37,289 39,735 41,263 41,813
1.17 1.22 1.30 1.35
6 37,289 38,818 41,263 43,097 43,647
1.22 1.27 1.35 1.41
7 38,818 40,346 43,097 44,931 45,481
1.27 1.32 1.41 1.47
8 40,346 42,180 44,931 46,764 47,314
1.32 1.38 1.47 1.53
9 42,180 44,014 46,764 48,904 49,454
1.38 1.44 1.53 1.60
10 44,014 45,848 48,904 51,044 51,594
1.44 1.50 1.60 1.67
11 45,848 47,681 51,044 53,183 53,733
1.50 1.56 1.67 1.74
12 47,681 49,821 53,183 55,323 55,873
1.56 1.63 1.74 1.81
13 49,821 51,961 55,323 57,768 58,318
1.63 1.70 1.81 1.89
14 51,961 54,406 57,768 59,907 60,457
1.70 1.78 1.89 1.96
20 54,100 56,851 60,213 62,047 62,597
1.77 1.86 1.97 2.03
26 56,240 59,296 62,658 64,187 64,737
1.84 1.94 2.05 2.10
33 58,379 61,741 65,103 66,326 66,876
1.91 2.02 2.13 2.17
8.04 a. Salary Table - Teachers, School Nurses: As determined by a calendar
approved by the Board of Education, effective June 30, 2009. Doctor's
Degree: $550
Bachelors Bachelors Masters Masters
Step Degree Plus 18 Degree Plus 30 Doctor
1 $31,176 $32,423 $34,294 $35,852 $36,402
1.00 1.04 1.10 1.15
2 32,423 33,670 35,852 37,411 37,961
1.04 1.08 1.15 1.20
3 33,670 34,917 37,411 38,970 39,520
1.08 1.12 1.20 1.25
4 34,917 36,476 38,970 40,529 41,079
1.12 1.17 1.25 1.30
5 36,476 38,035 40,529 42,088 42,638
1.17 1.22 1.30 1.35
6 38,035 39,594 42,088 43,958 44,508
1.22 1.27 1.35 1.41
7 39,594 41,152 43,958 45,829 46,379
1.27 1.32 1.41 1.47
8 41,152 43,023 45,829 47,699 48,249
1.32 1.38 1.47 1.53
9 43,023 44,893 47,699 49,882 50,432
1.38 1.44 1.53 1.60
10 44,893 46,764 49,882 52,064 52,614
1.44 1.50 1.60 1.67
11 46,764 48,635 52,064 54,246 54,796
1.50 1.56 1.67 1.74
12 48,635 50,817 54,246 56,429 56,979
1.56 1.63 1.74 1.81
13 50,817 52,999 56,429 58,923 59,473
1.63 1.70 1.81 1.89
14 52,999 55,493 58,923 61,105 61,655
1.70 1.78 1.89 1.96
20 55,182 57,987 61,417 63,287 63,837
1.77 1.86 1.97 2.03
26 57,364 60,481 63,911 65,470 66,020
1.84 1.94 2.05 2.10
33 59,546 62,976 66,405 67,652 68,202
1.91 2.02 2.13 2.17
8.04 b. Salary Table - Teachers, School Nurses: As determined by a calendar
approved by the Board of Education, effective June 30, 2009. Doctor's
Degree: $550
Bachelors Bachelors Masters Masters
Step Degree Plus 18 Degree Plus 30 Doctor
1 $30,871 $32,106 $33,958 $35,502 $36,052
1.00 1.04 1.10 1.15
2 32,106 33,341 35,502 37,045 37,595
1.04 1.08 1.15 1.20
3 33,341 34,576 37,045 38,589 39,139
1.08 1.12 1.20 1.25
4 34,576 36,119 38,589 40,132 40,682
1.12 1.17 1.25 1.30
5 36,119 37,663 40,132 41,676 42,226
1.17 1.22 1.30 1.35
6 37,663 39,206 41,676 43,528 44,078
1.22 1.27 1.35 1.41
7 39,206 40,750 43,528 45,380 45,930
1.27 1.32 1.41 1.47
8 40,750 42,602 45,380 47,233 47,783
1.32 1.38 1.47 1.53
9 42,602 44,454 47,233 49,394 49,944
1.38 1.44 1.53 1.60
10 44,454 46,307 49,394 51,555 52,105
1.44 1.50 1.60 1.67
11 46,307 48,159 51,555 53,716 54,266
1.50 1.56 1.67 1.74
12 48,159 50,320 53,716 55,877 56,427
1.56 1.63 1.74 1.81
13 50,320 52,481 55,877 58,346 58,896
1.63 1.70 1.81 1.89
14 52,481 54,950 58,346 60,507 61,057
1.70 1.78 1.89 1.96
20 54,642 57,420 60,816 62,668 63,218
1.77 1.86 1.97 2.03
26 56,803 59,890 63,286 64,829 65,379
1.84 1.94 2.05 2.10
33 58,964 62,359 65,755 66,990 67,540
1.91 2.02 2.13 2.17
8.04 c. Salary Table - Teachers, School Nurses: As determined by a calendar
approved by the Board of Education, effective June 30, 2009. Doctor's
Degree: $550
Bachelors Bachelors Masters Masters
Step Degree Plus 18 Degree Plus 30 Doctor
1 $30,565 $31,788 $33,622 $35,150 $35,700
1.00 1.04 1.10 1.15
2 31,788 33,010 35,150 36,678 37,228
1.04 1.08 1.15 1.20
3 33,010 34,233 36,678 38,206 38,756
1.08 1.12 1.20 1.25
4 34,233 35,761 38,206 39,735 40,285
1.12 1.17 1.25 1.30
5 35,761 37,289 39,735 41,263 41,813
1.17 1.22 1.30 1.35
6 37,289 38,818 41,263 43,097 43,647
1.22 1.27 1.35 1.41
7 38,818 40,346 43,097 44,931 45,481
1.27 1.32 1.41 1.47
8 40,346 42,180 44,931 46,764 47,314
1.32 1.38 1.47 1.53
9 42,180 44,014 46,764 48,904 49,454
1.38 1.44 1.53 1.60
10 44,014 45,848 48,904 51,044 51,594
1.44 1.50 1.60 1.67
11 45,848 47,681 51,044 53,183 53,733
1.50 1.56 1.67 1.74
12 47,681 49,821 53,183 55,323 55,873
1.56 1.63 1.74 1.81
13 49,821 51,961 55,323 57,768 58,318
1.63 1.70 1.81 1.89
14 51,961 54,406 57,768 59,907 60,457
1.70 1.78 1.89 1.96
20 54,100 56,851 60,213 62,047 62,597
1.77 1.86 1.97 2.03
26 56,240 59,296 62,658 64,187 64,737
1.84 1.94 2.05 2.10
33 58,379 61,741 65,103 66,326 66,876
1.91 2.02 2.13 2.17
8.05 Horizontal Movement on the Salary Schedule: When a bargaining unit
member has attained the required number of graduate credit hours and wishes
to qualify for a horizontal move on the salary schedule, he/she shall request
in writing to be moved to the appropriate column on the salary schedule.
Supportive documentation of successful completion of graduate semester hours
completed after the date of the last degree earned and/or official
transcripts with degree posted must be attached to the request or be on file
with the Executive Director of Personnel. (For example, graduate semester
hours taken before the first Bachelor’s Degree is granted shall not be
counted towards the B+18 step. Official transcript(s) issued from the course
(s) provider(s) shall constitute supportive documentation. Requests not
received over the summer months must be received on or before the end of the
third (3) week of instruction for the salary adjustment to become retroactive
to the first (1) week of instruction, or be received on or before the twenty-
second (22) week of instruction for the salary adjustment to become
retroactive to the twentieth (20th) week of instruction. After the start of
instruction, the Board will act on said requests only in the months of
October and February.
8.06 Salary Table B - Teachers with Additional Duties:
8.061 Increments beyond Salary Table A, for additional
responsibilities, longer hours, and additional training, will be paid in
addition to Salary Table A and in accordance with responsibilities outlined
in the Rules and Regulations of the Board of Education.
8.062 The index is based on the beginning teacher's salary -
Bachelor's Degree.
8.063 Supplemental Contracts Index
General:
Case Manager 8.0
Mentor Teacher 6.0
Supervisor Swimming Pool 7.0
Teacher in Charge 10.0
High School Academics:
Department Chair 5.0
* at least one (1) in each of the
core areas of English, Math,
Science, and Social Studies
High School Advisors & Clubs:
Academic Coach 6.0
Biology Club and/or Science Club 3.0
Cheerleading (Gr.10-12) 16.0
Cheerleading (Gr. 9) 8.0
Dramatics Coach 8.0
Dramatics Assistant Coach 5.6
FFA 3.0
FHA 3.0
F.I.R.S.T. Project Coordinator 8.0
FTA 8.0
Interact 3.0
Key Club 3.0
Literary Publication 4.0
National Honor Society 6.0
Renaissance Program 4.0
Senior Class - Head 6.0
Senior Class - Assistant 2.0
Ski Club - Head 6.0
Ski Club - Assistant 2.0
Speech/Debate - Head Coach 7.0
Speech/Debate - Assistant Coach 3.5
Supplemental Contracts (continued) Index
Student News Publication 4.0
Student Council 4.0
WSCN Director 10.0
Yearbook 13.5
High School Athletics:
Athletic Trainer (without assistant) 28.0
Athletic Trainer (with assistant) 22.0
Assistant Athletic Trainer 10.0
Baseball - Head Coach 11.2
Baseball - Assistant Coach 5.6
Basketball - Head Coach (Boys) 30.0
Basketball - Head Coach (Girls) 30.0
Basketball - Assistant Coach (Boys) 16.0
Basketball - Assistant Coach (Girls) 16.0
Basketball - Head Coach (Boys-9th) 16.0
Basketball - Head Coach (Girls-9th) 16.0
Bowling (Boys) 7.0
Bowling (Girls) 7.0
Cross Country (Boys) 7.0
Cross Country (Girls) 7.0
3Faculty Manager - High School 35.5
Football - Head Coach 35.0
Football - Assistant Coach 16.0
Football - Head Coach (9th) 16.0
Golf (Boys) 7.0
Golf (Girls) 7.0
Soccer - Head Coach (Boys) 11.2
Soccer - Head Coach (Girls) 11.2
Soccer - Assistant Coach (Boys) 5.6
Soccer - Assistant Coach (Girls) 5.6
Softball - Head Coach 11.2
Softball - Assistant Coach 5.6
Swimming - Head Coach (Boys) 11.2
Swimming - Head Coach (Girls) 11.2
Swimming - Assistant Coach (Boys) 5.6
Swimming - Assistant Coach (Girls) 5.6
Tennis (Boys) 7.0
Tennis (Girls) 7.0
Track - Head Coach (Boys) 11.2
Track - Head Coach (Girls) 11.2
Track - Assistant (Boys) 5.6
Track - Assistant (Girls) 5.6
Volleyball - Head Coach 11.2
Volleyball - Assistant Coach 5.6
High School Music:
2 Band Director 16.0
1 Assistant Band Director 9.1
Director, A'Cappella High School 10.0
Assistant Vocal Director High School 9.1
Supplemental Contracts (continued) Index
High School Other:
Alternative School Teacher in Charge 10.0
Computer/AV Coordinator Alternative School 5.0
IT Resource Liaison (9-12) 3.5
IT Resource Coordinator 2.0
K-8 Academics:
Challenge 24 Coach 2.0
Destination Imagination Coach 4.0
District Coordinator Challenge 24 4.0
English Festival Coach 2.0
Great Books Coach 2.0
Math Counts Coach 2.0
National Geographic Bee Coach 2.0
Power of the Pen Coach 2.0
Prep Bowl Coach 2.0
Science Fair Coordinator 2.0
Spelling Bee Coach 2.0
K-8 Advisors & Clubs:
Cheerleading (7th) 8.0
Cheerleading (8th) 8.0
Dramatics Coach 4.6
Junior National Honor Society Advisor 3.0
Junior Robotics Coach 2.0
Science Club Advisor 3.0
Student Council Advisor (Gr. 3-5) 4.0
Student Council Advisor (Gr. 6-8) 4.0
Student News Publication Advisor 3.0
Yearbook 6.0
K-8 Athletics:
Basketball - Head Coach (Boys - 7th) 8.0
Basketball - Head Coach (Boys - 8th) 8.0
Basketball - Head Coach (Girls - 7th) 8.0
Basketball - Head Coach (Girls - 8th) 8.0
Faculty Manager - K-8 (with football) 12.0
Faculty Manager - K-8 (without football) 8.0
Football - Head Coach (7th) 8.0
Football - Head Coach (8th) 8.0
Football - Assistant Coach 4.0
Intramurals (fall sports) 2.0
Intramurals (winter sports) 2.0
Intramurals (spring sports) 2.0
Swim Coach 8.0
Track 4.0
Volleyball (7th) 4.0
Volleyball (8th) 4.0
K-8 Music:
Band (Gr. 5-8) (without summer supplemental) 9.1
Choir (Gr. 5-8) 9.1
K-8 Other:
A-V Coordinator 3.5
IT Resource Liaison (K-2) 3.5
IT Resource Liaison (3-5) 3.5
IT Resource Liaison (6-8) 3.5
IT Resource Coordinator 2.0
1 Assistant Band Directors will receive nine (9) weeks extended time
at $521 per week (6-30-07) and $531 per week (7-1-08). In the event there is
an additional year (2009-2010) to the Agreement, the compensation under this
section shall be $531 (0%), or $536 (1%), or $542 (2%) per week effective 7-1-
09.
2 Band Directors will receive ten (10) weeks extended time at $615
per week (6-30-07) and $627 per week (7-1-08). In the event there is an
additional year (2009-2010) year to the Agreement, the compensation under
this section shall be $627 (0%), or $633 (1%), or $640 (2%) per week
effective 7-1-09.
3 Works forty-one (41) weeks. The three (3) additional weeks shall
not be paid at a per diem rate.
Additional pay will be allotted for the following:
School Camping (per night at camp) and Subsidiary Teaching Duties
(requires teaching certificate) shall be paid at a rate of 0.00075 per hour
of the BA base.
2007-2008 $22.47
2008-2009 $22.92
In the event there is an additional year (2009-2010) to the
Agreement, the compensation under this section shall be:
2009-2010 $22.92 (0%), or
$23.15 (1%), or
$23.38 (2%)
8.064 Supplemental Contracts: The WEA and the Board recognize that
fairness dictates that supplemental contracts should be equitable. The WEA
and Board also recognize that circumstances change over time, which should be
addressed on an ongoing basis to ensure equity in supplemental contracts.
A. The parties to this Agreement may make recommendations to
each other concerning the creation, adjustment (increase or reduction), or
elimination of supplemental contracts.
B. Any recommendations shall be implemented only with the mutual
agreement of the parties.
8.065 Applicants from the bargaining unit for supplemental
positions shall be considered before anyone from outside the system or a non-
certified person with the understanding that the Board's decision is final.
8.066 Within thirty (30) days after the Board action awarding a
supplemental contract, the successful applicant shall complete all payroll
forms and file them with the building principal or appropriate
administrator. Failure to comply with this requirement will result in loss
of the option to have three (3) supplemental payments per Section 8.067 B.
8.067
A. Annually, there shall be three (3) pay dates for
supplemental salaries. The first shall be on the second pay date in
December, the second shall be on the second pay date in March, and the third
shall be on the second pay date in June.
B. At the option of the teacher, the compensation
provided in Section 8.063 of the Agreement shall be paid to him/her on the
pay date immediately following the completion of the regularly scheduled
season/supplemental responsibilities, provided he/she has completed all
required duties and reports associated with the supplemental contract, or it
shall be paid to him/her in three (3) equal installments on the pay dates
identified above. The teacher shall select the payment option at the time
he/she accepts the supplemental contract.
C. Failure on the part of the employee to submit a pay
voucher to the building principal or appropriate administrator within fifteen
(15) workdays prior to the pay date will result in the supplemental being
paid at the next specified supplemental pay date.
D. In the event of a mid-year change in
building/assignment, a partial year leave of absence, suspension of
supplemental duties, late issuance of a contract due to 8.068 or other change
in status such that supplemental duties are not completed, the supplemental
payment will be prorated. Any overpayment must be repaid by the teacher.
8.068 All athletic coaches and marching band director and assistant
director(s) must provide the Athletic Office with verification of a current
valid CPR certificate, and verification of a current valid PASV (Sports
Medicine) certificate prior to officially being awarded the supplemental
contract.
8.07 STRS Pickup (Salary Reduction/Restatement): The Board agrees to
implement a “pick-up” of all of the STRS retirement contributions under the
salary reduction method for all of the members in the bargaining unit, at no
cost to the Board, under the following terms and conditions.
The amount to be “picked-up” on behalf of each bargaining unit member
shall be the mandatory contribution of the bargaining unit member’s gross
annual compensation. The bargaining unit member’s annual compensation shall
be reduced, at no cost to the Board, by an amount equal to the amount “picked-
up (deferred)” by the Board for the purpose of State and Federal tax only.
Each bargaining unit member will be responsible for compliance with
Internal Revenue Service Salary exclusion allowance regulations with respect
to the “pick-up” in combination with other tax deferred compensation plans.
If the foregoing “pick-up” provisions are nullified by subsequent
Internal Revenue Service rulings, Ohio Attorney General opinions, or other
governing regulations, the Board will be held harmless and this article of
the Agreement shall be declared null and void. The Board shall then return
to the former method of employer/employee retirement system contributions as
soon as the law requires.
8.08 Authorized Payroll Deductions:
a. The Board shall provide for payroll deductions authorized by
the teacher for the following: dues or service fees to professional
organizations (NEA, OEA, NEOEA, WEA, and affiliates), U.S. savings bonds,
Fund for Children and Public Education, tax sheltered annuities, authorized
Employees Credit Union, United Way, and cancer insurance. Authorized
deductions for U.S. savings bonds must be in divisible multiples which will
from time to time equal the cost of the denomination of the bond authorized
to be purchased. Authorization by the teacher for payroll deductions
approved herein must be in writing, on the proper forms, and delivered to the
Treasurer's Office at least seven (7) calendar days prior to the applicable
pay ending date.
b. New annuity carriers must have a minimum of thirty (30)
bargaining unit clients registered for their annuity product(s) in order to
qualify for the payroll deduction program described in (a) above.
c. A program of direct deposit of payroll checks to Board of
Education authorized banks is available and is mandatory for all newly hired
teachers. A newly hired teacher's request for direct payroll deposit shall
be on proper forms, submitted at least seven (7) calendar days prior to their
first pay date. Any teacher who has been considered “newly hired” under this
section or its predecessor may not cancel direct deposit, buy may change a
banking institution. Any changes to the banking establishment receiving the
deposits approved herein shall also be in writing and presented at least
seven (7) calendar days prior to the applicable change date. All funds will
be timely deposited so as to have accessibility to the funds on the pay date.
8.09 Special Education, Speech and Hearing Therapy and Home-School
Coordinator Stipend (Visiting Teacher Certification): All Special Education
Teachers, Speech and Hearing Therapists, and Home-School Coordinators be paid
$500.00 in addition to the amount provided for by the applicable salary table
in recognition that their job duties regularly and frequently include I.E.P.
drafting, meetings and implementation. To receive the stipend, the employee
must submit all I.E.P.s and a Stipend Pay Voucher to the Special Education
Supervisor no later than May 15 for payment in the current school year. The
stipend shall be paid the first pay period subsequent to the acceptance of
the I.E.P.s by the Special Education Supervisor. Payment of the $500.00
shall be prorated in the event the employee works part-time, is transferred
to an inapplicable position partially through a school year, or is on a leave
of absence for a portion of the year.
8.10 Payroll Procedures:
a. Members of the bargaining unit shall receive their salary in
twenty-six (26) equal pays.
b. If the Board fails to issue a paycheck to a bargaining unit
member on the regular pay date, or if the paycheck is issued in an
inappropriate amount through no fault of the bargaining unit member, and the
bargaining unit member notifies the Treasurer’s Office of the error on the
pay date, the bargaining unit member shall be made whole within one (1) work
day of the notification. The Board shall be held harmless for a delay in the
delivery of the pay check caused by the U.S. Postal Service, provided the pay
checks are delivered to the U.S. Post Office on or before the Wednesday of
the week of the pay date. In such instance, however, the Board shall make
the bargaining unit member whole on the next regularly scheduled pay date.
8.11 Tuition Reimbursement:
a. Subject to the limitation stated in paragraph b, the Board
shall reimburse teachers for the cost of:
1. Credit courses taken by a teacher in his/her area of
certification/licensure from an accredited college and/or university.
2. Credit courses from an accredited college and/or
university taken by a teacher that is required for additional
certification/licensure recognized by the Ohio Department of Education (i.e.
principal certification/ licensure, supervisory certification/licensure,
guidance counseling certification/licensure, etc.)
3. Other credit courses taken by a teacher with prior
approval of the Superintendent and which directly relate to performance of
the teacher's duties as a teacher in the district.
b. The maximum total payment per teacher per school year
pursuant to this Article shall be $375. In order to be eligible for any
payment, the teacher: (1) must obtain written approval from the
Superintendent prior to taking a credit course not within his/her area of
certification/licensure and assignment and/or credit courses required for
additional certification/licensure as described in Section 8.11 a. 2. above;
(2) must present evidence of satisfactory completion of the course; and (3)
must present satisfactory documentation of all costs for which reimbursement
is sought. Payment shall be approved at the first regular Board meeting after
compliance with the requirements of this paragraph. Request for approval of
payment shall be submitted to the Board ten (10) days prior to and shall be
approved at the first regular Board meeting after compliance with the
requirements of this paragraph.
8.12 School Psychologists:
a. School Psychologists in the employment of the Board on July
1, 1986 shall be paid $950.00 each year in addition to the appropriate step
on the Salary Table for School Psychologists. Said payments shall be made
each year until each affected School Psychologist retires or resigns from the
Warren City Schools.
8.12 b. Salary Table - School Psychologist - 2007-08
MASTERS MASTERS +30
Extended Extended
Base Time Total Base Time Total
Step (186 days) (20 days) (206 days) (186 days) (20
days) (206 days)
1 $45,848 $4,930 $50,778 $47,946 $5,155 $53,101
1.53 1.60
2 $47,946 $5,155 $53,101 $50,043 $5,381 $55,424
1.60 1.67
3 50,043 $5,381 $55,424 $52,141 $5,607 $57,747
1.67 1.74
4 52,141 $5,607 $57,747 $54,238 $5,832 $60,071
1.74 1.81
5 54,238 $5,832 $60,071 $56,636 $6,090 $62,726
1.81 1.89
6 56,636 $6,090 $62,726 $58,733 $6,315 $65,049
1.89 1.96
20 59,033 $6,348 $65,381 $60,831 $6,541 $67,372
1.97 2.03
26 61,430 $6,605 $68,036 $62,929 $6,767 $69,695
2.05 2.10
33 63,828 $6,863 $70,691 $65,026 $6,992 $72,018
2.13 2.17
Add $550 for Doctor's Degree
8.12 c. Salary Table - School Psychologist - 2008-09
MASTERS MASTERS +30
Extended Extended
Base Time Total Base Time Total
Step (186 days) (20 days) (206 days) (186 days) (20
days) (206 days)
1 $46,764 $5,028 $51,793 $48,904 $5,258 $54,162
1.53 1.60
2 $48,904 $5,258 $54,162 $51,044 $5,489 $56,532
1.60 1.67
3 51,044 $5,489 $56,532 $53,183 $5,719 $58,902
1.67 1.74
4 53,183 $5,719 $58,902 $55,323 $5,949 $61,271
1.74 1.81
5 55,323 $5,949 $61,271 $57,768 $6,212 $63,979
1.81 1.89
6 57,768 $6,212 $63,979 $59,907 $6,442 $66,349
1.89 1.96
20 60,213 $6,475 $66,688 $62,047 $6,672 $68,719
1.97 2.03
26 62,658 $6,737 $69,396 $64,187 $6,902 $71,088
2.05 2.10
33 65,103 $7,000 $72,104 $66,326 $7,132 $73,458
2.13 2.17
Add $550 for Doctor's Degree
8.12 d. Salary Table - School Psychologist - 2009-10
MASTERS MASTERS +30
Extended Extended
Base Time Total Base Time Total
Step (186 days) (20 days) (206 days) (186 days) (20
days) (206 days)
1 $47,699 $5,129 $52,828 $49,882 $5,364 $55,245
1.53 1.60
2 $49,882 $5,364 $55,245 $52,064 $5,598 $57,662
1.60 1.67
3 52,064 $5,598 $57,662 $54,246 $5,833 $60,079
1.67 1.74
4 54,246 $5,833 $60,079 $56,429 $6,068 $62,496
1.74 1.81
5 56,429 $6,068 $62,496 $58,923 $6,336 $65,258
1.81 1.89
6 58,923 $6,336 $65,258 $61,105 $6,570 $67,675
1.89 1.96
20 61,417 $6,604 $68,021 $63,287 $6,805 $70,092
1.97 2.03
26 63,911 $6,872 $70,783 $65,470 $7,040 $72,509
2.05 2.10
33 66,405 $7,140 $73,545 $67,652 $7,274 $74,926
2.13 2.17
Add $550 for Doctor's Degree
8.12 e. Salary Table - School Psychologist - 2009-10
MASTERS MASTERS +30
Extended Extended
Base Time Total Base Time Total
Step (186 days) (20 days) (206 days) (186 days) (20
days) (206 days)
1 $47,233 $5,079 $52,311 $49,394 $5,311 $54,705
1.53 1.60
2 $49,394 $5,311 $54,705 $51,555 $5,544 $57,098
1.60 1.67
3 51,555 $5,544 $57,098 $53,716 $5,776 $59,491
1.67 1.74
4 53,716 $5,776 $59,491 $55,877 $6,008 $61,885
1.74 1.81
5 55,877 $6,008 $61,885 $58,346 $6,274 $64,620
1.81 1.89
6 58,346 $6,274 $64,620 $60,507 $6,506 $67,013
1.89 1.96
20 60,816 $6,539 $67,355 $62,668 $6,739 $69,407
1.97 2.03
26 63,286 $6,805 $70,090 $64,829 $6,971 $71,800
2.05 2.10
33 65,755 $7,070 $72,826 $66,990 $7,203 $74,193
2.13 2.17
Add $550 for Doctor's Degree
8.12 f. Salary Table - School Psychologist - 2009-10
MASTERS MASTERS +30
Extended Extended
Base Time Total Base Time Total
Step (186 days) (20 days) (206 days) (186 days) (20
days) (206 days)
1 $46,764 $5,028 $51,793 $48,904 $5,258 $54,162
1.53 1.60
2 $48,904 $5,258 $54,162 $51,044 $5,489 $56,532
1.60 1.67
3 51,044 $5,489 $56,532 $53,183 $5,719 $58,902
1.67 1.74
4 53,183 $5,719 $58,902 $55,323 $5,949 $61,271
1.74 1.81
5 55,323 $5,949 $61,271 $57,768 $6,212 $63,979
1.81 1.89
6 57,768 $6,212 $63,979 $59,907 $6,442 $66,349
1.89 1.96
20 60,213 $6,475 $66,688 $62,047 $6,672 $68,719
1.97 2.03
26 62,658 $6,737 $69,396 $64,187 $6,902 $71,088
2.05 2.10
33 65,103 $7,000 $72,104 $66,326 $7,132 $73,458
2.13 2.17
Add $550 for Doctor's Degree
8.13 Experience Credit: For the purpose of salary placement only,
teachers new to the district or those rehired by the district after retiring
into STRS shall be granted up to ten (10) years of prior teaching and
military experience. Said experience shall be in accordance with the
provisions of ORC § 3317.13, except that public school experience in states
other than Ohio shall also be credited. A year of experience shall be one
hundred twenty (120) days or more of teaching during a given school year.
8.14 Mileage: The Board shall pay for authorized automobile expense an
amount equal to the per mile allowance being utilized by the Internal Revenue
Service. The Board shall modify the mileage allowance up or down in
accordance with the allowance in effect by the Internal Revenue Service at
January 1 of each year of this Contract. The modification will be made
effective January 1 of each year and continue through December 31 of each
year.
ARTICLE IX EFFECTS
9.01 Equal Opportunity: The Board is an equal employment opportunity
employer and will continue to abide by all state and federal equal employment
laws. In so doing, the Board will depend heavily on the full and effective
utilization of qualified persons regardless of race, color, age, sex,
religion, creed, handicap, national origin, political affiliation, marital
status, beliefs, or other prejudicial restrictions. Furthermore, it is the
Board's moral and legal obligation to insure that all applicants are
considered for employment without regard to the aforementioned prejudicial
restrictions. Likewise, there shall be no discrimination against any
incumbent teacher based upon any of these prejudicial limitations.
9.02 Maintenance of Standards: The Board shall maintain all terms,
conditions, and benefits of employment provided for in this contract, at not
less than the level in effect as of its effective date.
9.03 Conflict with Law: If any provision of this document, or any
application of the provisions of this document, or any agreement reached
under its terms, conflicts with any federal or state law, now or hereafter
enacted or issued in a manner not permitted by 4117 O.R.C., such provision
(only to the extent such provision, application, or agreement is in conflict
with any federal or state law), application, or agreement shall be
inoperative but the remaining provisions hereof shall remain in effect.
9.04 Waiver of Negotiations During the Term of Agreement: The Board shall
retain all rights, powers, duties and authority granted by law and shall
adopt, rescind, or modify such policies, rules and regulations as it deems
appropriate except when expressly and specifically limited or restricted by
the terms of this Contract. However, the parties shall remain obligated to
negotiate mid-term on mandatory subjects of bargaining not already contained
in this Contract, and were not addressed during the bargaining process.
9.05 Entire Agreement Clause: This Contract supersedes and cancels all
previous agreements, verbal or written or based on alleged past practices
between the Board and Association and constitutes the entire agreement
between the parties. Any amendment or agreement supplemental hereto shall
not be binding upon either party unless executed in writing by the parties
hereto.
9.06 Agreement in Writing:
9.061 Upon completion of this Contract, it shall be printed at the
joint expense of the Association and Board and copies distributed by the
Association to the teachers and by the Superintendent to the Board and
administration. Members of the Board shall be entitled to ten (10) copies
each, and the Superintendent shall be entitled to fifty (50) copies. In
addition, one hundred (100) copies will be furnished to the Association.
9.062 If any portion of this Contract, is ruled invalid for any
reason, the remainder of the Contract shall remain in full force and effect.
9.063 This Contract may not be modified in whole or in part by the
parties except by an instrument in writing fully executed by both parties.
9.064 It is expressly agreed by and between the parties that any
matter not covered in this Contract shall be the sole responsibility of the
Board of Education except those matters mandated as negotiable during the
term of an agreement by Ohio Revised Code Chapter 4117.
9.065 It is mutually agreed that this Collective Bargaining
Agreement will continue in full force and effect until June 29, 2009, or
until June 29, 2010 if, as of January 25, 2007, the Warren City School
District Treasurer determines that a certificate under ORC § 5705.412 can be
signed covering Fiscal 2008, in accordance with Section 8.011 a., b., or c.
and that all teachers will continue performing their duties in a normal
manner during the duration of the Contract. During any and all negotiations,
the teachers agree to continue performing their duties in a normal and
efficient professional manner.
9.07 Duration of Contract: This Contract shall become effective at 12:01
a.m. on June 30, 2007, and shall continue in full force and effect until
midnight, June 29, 2009, or until June 29, 2010 if the Warren City School
District Treasurer determines as of January 25, 2009 that a certificate under
ORC § 5705.412 can be signed covering Fiscal 2008 in accordance with Section
8.011 a., b., or c.
IN WITNESS WHEREOF, the parties have caused this Master Contract to be
executed on the day and year first above-mentioned.
Board of Education
Warren Education Association of the Warren City School
__________________________ __________________________
Jeffery J. Pegg Robert L. Falkner
President President
__________________________ __________________________
Jaclyn R. Kuntz Kathryn Hellweg
Vice President Superintendent
APPENDIX A
GRIEVANCE REPORT FORM
WARREN CITY SCHOOL DISTRICT
Grievance No. ____________ Distribution:
1. Grievant
2. Immediate Supervisor
3. WEA
STEP I
_____________________________________________________________
Building Assignment Name of Grievant(s) Date Filed
A. Date Cause of Grievance Occurred ____________________________
B. An Informal Grievance was Presented to __________________ or
__________________ and was not resolved.
C. 1. Statement of Grievance:
_________________________________
______________________________________________________
2. Section or Sections of Collective Bargaining Contract claimed
to be involved: _____________________________________________
3. Relief Sought: __________________________________________
______________________________________________________
__________________________
Signature of Grievant Date
D. Disposition by Supervisor: (to be completed and returned to grievant
and Superintendent within five days after meeting.)
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________
Signature of Grievant Date
The space limitations indicated above should, wherever needed, be
supplemented by additional paper to be attached to this form.
APPENDIX B
GRIEVANCE REPORT FORM
WARREN CITY SCHOOL DISTRICT
Grievance No. __________
STEP II
(To be sent to Superintendent or designee within ten days of receipt of
disposition by Supervisor.)
_____________________________________________________________
Building Assignment Name of Grievant(s) Date Filed
A. Date Cause of Grievance Occurred ____________________________
B. 1. Reasons Why Grievance is Now at Step II:
__________________
______________________________________________________
2. Restatement of Grievance: ______________________________
______________________________________________________
3. Relief Sought: _______________________________________
______________________________________________________
__________________________
Signature of Grievant Date
C. Superintendent
or designee: _____________________________________________
D. Disposition by Superintendent or designee (to be completed within ten
days after meeting and sent to Grievant, Superintendent, Association
Grievance Chairperson, and Immediate Supervisor.)
________________________________________________________
________________________________________________________
__________________________
Signature of Grievant Date
or Designee
The space limitations indicated above should, wherever needed, be
supplemented by additional paper to be attached to this form.
APPENDIX C
GRIEVANCE REPORT FORM
WARREN CITY SCHOOL DISTRICT
Grievance No. __________
STEP III
(Request for hearing before Board to be made within ten days following the
receipt of disposition of grievance in Step III.)
_____________________________________________________________
Building Assignment Name of Grievant(s) Date Filed
A. Date Submitted to Superintendent ____________________________
B. 1. Reasons Why Grievance is Now at Step III:
__________________
______________________________________________________
2. Restatement of Grievance: ______________________________
______________________________________________________
3. Relief Sought: _________________________________________
______________________________________________________
____________________________
Signature of WEA President Date
C. Received by Treasurer of Board of Education:
____________________________
Signature Date Received
D. Disposition by Board: _____________________________________
__________________________________________________________
_______________________________
Signature of Board President Date
The space limitations indicated above should, wherever needed, be
supplemented by additional paper to be attached to this form.
APPENDIX D
REQUEST FOR ARBITRATION
WARREN CITY SCHOOL DISTRICT
Grievance No. ____________
STEP IV
TO BE SENT BY CERTIFIED MAIL TO
THE PRESIDENT OF THE BOARD OF EDUCATION
RETURN RECEIPT REQUESTED
Request is hereby made for a hearing before an arbitrator as provided in Step
IV of the Grievance Procedure. Attached is a complete set of forms
heretofore filed in this grievance.
_____________________________________________________________
Building Assignment Name of Grievant(s) Date Grievance
Originally Filed
_______________________________________
Signature of Grievant(s) Date
______________________________________
Signature of WEA President Date
The space limitations indicated above should, wherever needed, be
supplemented by additional paper to be attached to this form.
APPENDIX E
EMPLOYEE ABSENCE REQUEST Warren City Schools. .. Warren, Ohio
Please TYPE all necessary information on this form.
_______________________ _______________________ _______________
Name of Employee Building Date
The building principal and department supervisor/director are to make the
decision to recommend approval or disapproval of this request in accordance
with the Rules and Regulations of the Board of Education, Warren City School
District, for the period and reason indicated below. FORM MUST BE SENT TO
FRINGE BENEFITS OFFICE PRIOR TO THE DATE OF ABSENCE.
Period: Beginning ______________________ Ending ______________________
No. of days to be Absent: Work Days ______ Non-Work Days ______
Total Days ______
If Personal Leave, number of Personal Leave days used this school year
_____________________
______________________________________________________________________
___________
PERSONAL LEAVE:
• Personal Leave – unrestricted
• Personal Leave – restricted; must give reason:
_________________________________
______________________________________________________________________
__________________________________________
• JURY DUTY
• RELIGIOUS HOLIDAY LEAVE; indicate holiday:
_____________________
• SALARY DEDUCTED LEAVE; must give reason:
_____________________
• PROFESSIONAL LEAVE; must give reason: _____________________
• SCHOOL BUSINESS LEAVE; must give reason:
_____________________
• ASSOCIATION LEAVE; must give reason: _____________________
• OTHER; must give reason:
______________________________________
______________________________________________________________________
__________________________________________
NO YES EST. COST
Substitute Requested • • $__________ From What Fund?
____________
Mileage or Fares • • $__________ From What Project?
____________
Registration • • $__________
Meals • • $__________
Lodging • • $__________
Other (explain) • • $__________
___________ ________ ____________________
TOTAL $___________ Date Signature of Employee
______________________________________________________________________
__________________________________________
Request Recommended for Approval NO YES
by Principal • • ________
____________________
Date Signature of Principal
Request Recommended for Approval
by Department Supervisor/Director • • ________
____________________
Date Signature of Supervisor/Director
Comments by Principal/Department Supervisor/Director:
__________________________________
______________________________________________________________________
__________________________________________
EMPLOYEE ABSENCE AUTHORIZATION
To be completed by Superintendent of Schools:
Absence Granted / Expenses Authorized •
Absence Granted / Expenses Not Authorized •
Absence Granted but with deduction from salary •
Absence Denied •
Remarks:
______________________________________________________________________
_
_________ ________________________________
Date Superintendent's Signature
APPENDIX F
Article V
Section I
WARREN CITY SCHOOLS
Warren, Ohio
ASSAULT LEAVE FORM
NAME: ____________________ DATE: ____________________
SCHOOL or DEPARTMENT: _______________________________
Assault leave has been taken in accordance with ORC 3319.143 and Article V,
Section I, of the Agreement between the Warren Board of Education and the
Warren Education Association.
______ day(s) of assault leave was/were taken beginning at
____________ on _______________ _____, 20___ and ending
Time Month Day
at ___________ on ______________ _____, 20___.
Time Month Day
Medical attention _________________ required.
was/was not
If medical attention was obtained, the following information must be stated:
Name of Physician ______________________________
Office Address ______________________________
______________________________
______________________________
Teacher's Signature
_______________________ ___________
Principal Date
_______________________ ___________
Superintendent or Designee Date
APPENDIX G
WARREN CITY SCHOOLS
APPLICATION TO USE DAYS FROM
THE SICK LEAVE BANK
(FILE IN TRIPLICATE)
I apply to use _________ day(s) from the District Sick Leave Bank, to be used
for my personal illness, spouse, dependent children, as follows:
Estimated duration of illness ____________________________________
Explanation of illness: __________________________________________
___________________________________________________________
___________________________________________________________
SIGNED_______________________ DATE ________________
ATTACHED IS MY PHYSICIAN'S STATEMENT REGARDING SAID ILLNESS.
TO: TREASURER/PAYROLL DEPARTMENT
The above Sick Leave Bank member has been approved by the Sick Leave Bank
Committee to use _________ day(s) from the Sick Leave Bank.
SIGNED: _____________________________________________
(Committee Chairman, Sick Leave Bank Committee)
Date:_________________________________________________
First Copy Treasurer
Second Copy Sick Leave Bank Committee
Third Copy Borrower
CONTINUING CONTRACT REQUEST FORM
(for WEA Staff)
Directions:
If you qualify for and wish to apply for a continuing contract:
In accordance with Section 6.151 of the WEA Contract, please complete this
form and return it to the Office of Human Resources. Requests will be
processed in accordance with deadlines in the contract. Qualifications
listed on reverse side.
To: Office of Human Resources
I hold a current professional certificate/license (or permanent) in the State
of Ohio. I have completed the service requirements and semester hours in
order to apply for continuing contract status/tenure.
I hereby request consideration for a continuing contract.
_______________________________
PRINT NAME HERE
_______________________________
Signature
_______________________________
Date
Cvp 4/05
Qualifications for Continuing Contract Status in Ohio
(must be currently/actively employed):
• 8-year professional certificate (or permanent certificate), and
• Three years of service in the district within the last five years.
OR
• 8-year professional certificate (or permanent certificate), and
• Continuing status elsewhere in Ohio, and
• Two years of service in the district within the last five years.
OR
• 5-year professional license, and
• Master’s Degree or thirty semester hours since initial issuance of
certificate/license *, and
• Three years of service in the district within the last five years.
• * In the event Master’s Degree held at time of initially receiving
the certificate/license, six graduate semester hours required since initial
issuance of certificate/license.
OR
• 5-year professional license, and
• Master’s Degree or thirty semester hours since initial issuance of
certificate/license *, and
• Continuing status elsewhere in Ohio, and
• Two years of service in the district within the last five years.
• * In the event Master’s Degree held at time of initially receiving
the certificate/license, six graduate semester hours required since initial
issuance of certificate/license.
In accordance with the WEA contract, Continuing Contract requests will be
acted upon at regular scheduled Board Meetings in October, January and
April.
Transfer Request Form
For WEA Teaching Staff Only
Directions: In accordance with the WEA contract, this request must be
submitted to the Personnel Office of the Warren City Schools no later than
May 1, for the ensuing school year. No more than two (2) preferences will be
accepted. A voluntary transfer request may not be withdrawn or altered after
May 1 and it shall remain in effect until the first workday for all teachers
of the following school year. Any withdrawal or alteration to a request for
a voluntary transfer before May 1 must be in writing.
The following positions shall not be available for voluntary transfer:
Teacher in Charge of Student Services, Teacher on Special Assignment, Lead
Mentor Teacher, Mentor Teacher, Teacher assigned to a non-public school,
Technology Specialist, Technology Teacher, Literacy Collaborative Building
Coordinator, Reading Recovery Teacher.
Any teacher who is granted a voluntary transfer shall not have the right to
decline the transfer.
Teachers shall remain in the positions to which they transfer for a minimum
of three (3) years before they can request another transfer unless an earlier
move is mutually agreed upon.
NAME (print): ______________________________
SIGNATURE: _____________________________ DATE: ____________
CURRENT POSITION: ______________________ BUILDING: __________
Assignment & Grade Level
Transfer Preference #1: _________________________________________
Transfer Preference #2: _________________________________________
Note: You may not individually list more than one building, position, and/or
grade level per preference. You may, however, make your choice generic.
As examples/samples, you MAY request, (each as one preference):
• Any regular teaching position at Garfield
• Any primary teaching position at any elementary except Lincoln or
Garfield
• 1st grade at Lincoln
• Middle school social studies teaching position
• Any regular elementary middle school teaching position except 5th
grade
As examples/samples, you may NOT request (numerous choices as one preference
or other):
• Grade 6, 7, 8 at East or Turner
• 1st grade at Lincoln, Laird or McGuffey
• Physical Education or Health at Middle School or High School
• Special Education Inclusion Classroom (reason: inclusion is not a
position)
If a request does not comply with Section 6.03 of the WEA Contract, is
improperly worded or not submitted on the proper form, it will be returned to
the individual via interoffice mail for re-submission.
04/05 cvp
Attrition 27
Block Scheduling 37
Class Load
High School 37
Middle School 37
Class Size
Elementary 36
High School 37
Middle School 37
Displaced Teacher 20
Drug and Alcohol Testing 45
Due Process Procedure 36
Early Dismissal 31
Employee Assistance 45
Evaluation
Class Observation Report/Formal 26
Definitions of 24
Evaluation Committee 26
Evaluators 24
Formal Procedure 25
Informal Procedure 26
Objectives 24
Sources of Formal Data 25
Falsification of Certificates 10
Fringe Benefits
Dental 47
Insurances 45
Life Insurance 47
Prescription Drugs 47
Spousal Coverage 46
Vision Care Insurance 47
Voluntary Non-Participation in Health Insurance Coverage 48
Grievance Procedure
Exclusivity of the Grievance Procedure 6
Individual Contract 24
Leaves of Absence
Professional Leave 14
Lunch Period 31
Movement of Staff
Building Construction/Renovation 21
Nursing Services 2
Parental Leave
Notification of Pregnancy 13
Procedure for 13
Term of 13
Termination of 13
Personnel File
Expunging Material 31
Inspection and Rebuttal Material 31
Planning/Prep Time and Meeting/Teaming Time 31
Professional Development 29
Progressive Discipline 35
Reduction Floor
Effective 6/29/06 27
Effective 6/30/06 27
Salary
Authorized Payroll Deductions 65
Supplemental Contracts 64
Salary Notices 24
School Day 31
School Year 29
Shared Decision Making Committee 39
Sick Leave
Use for Pregnancy Purposes 14
Sick Leave (Continued Fringes), Exhaustion of 10
Special Education
Class Load 42
Movement of Classroom Unit 42
Services to Students with Disabilities 42
Supplemental Contracts 60
Teachers Awaiting Praxis Results 1
Teachers Hired under Temporary Licenses prior to 4/1/05 18
Transfers
Involuntary Transfers 19
Voluntary Transfers 18
Vacancies
Posting Procedures 22
Schedule for Posting 22
