Collective Bargaining Agreement

Article 1: Recognition

1.1

The Board of Education hereinafter referred to as the “Board” of Community Unit School District No. 5, McLean and Woodford Counties, Illinois, hereinafter referred to as the “District” recognizes the Unit Five Education Association-IEA/NEA, hereinafter referred to as the “Association,” as the exclusive bargaining representative for all regularly employed personnel required to have a professional educator license, except District administrators, building administrators, and all other supervisors, managerial employees, and confidential employees as defined under the Illinois Educational Labor Relations Act.

1.2

The Board will adhere to any subsequent determination by the Illinois Educational Labor Relations Board (IELRB) concerning any of the above-named individuals.

Article 2: Negotiation Procedures

2.1

Negotiations on successor agreements shall begin no later than April 1, unless the Parties agree to an alternate date. Meetings shall be held as necessary at times and places agreed to by the Parties.

2.2

The Parties agree that it is their mutual responsibility to confer upon their respective representatives the necessary power and authority to make proposals, consider proposals, make counter-proposals in the course of negotiations, and reach tentative agreements which shall be presented respectively to the Association and then to the Board for ratification.

2.3

Each party to negotiations shall select its negotiating representatives provided that the Board shall not select a member of the bargaining unit, as herein defined, and the Association shall not select a Board employee excluded from the bargaining unit.

2.4

Should either party declare impasse under the provisions of an applicable statute, the Parties shall jointly request the Federal Mediation and Conciliation Service to provide the services of a mediator. Should FMCS be unavailable, the Parties shall mutually agree upon a replacement. In the event the Parties cannot agree upon a replacement, the Illinois Educational Labor Relations Board shall be notified. The costs of mediation shall be shared equally by the Association and the Board.

Article 3: Management Rights/No Strike/Waiver of Additional Bargaining

3.1

The Association recognizes that the Board has responsibilities and authority to manage and direct, on behalf of the public, all the operations and activities of the District to the full extent authorized by law and shall be limited only by the provisions of this Agreement.

3.2

Recognizing that adequate means are made available by this Agreement for the resolution of bargaining unit members’ grievances and/or complaints and that other procedures are provided by statute and judicial law for such resolution, neither the Association nor any bargaining unit member covered by this Agreement will instigate, promote, sponsor, engage in any strikes, concerted stoppage of work, or any other intentional interruptions of educational duties for the duration of this Agreement. It is understood and agreed that any bargaining unit member who violates this provision of this Agreement shall be subject to disciplinary action by the Board up to and including dismissal.

3.3

The Parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law or by specific agreement of the Parties, and that the understandings and agreement arrived at by the Parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives any right which might otherwise exist under law, practice, or custom to negotiate concerning any matter during the term of this Agreement, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement or with respect to any subject or matter not specifically referred to or covered in this Agreement, except only for mandatory subjects of bargaining which were clearly not within the knowledge or contemplation of either or both of the Parties at the time that they negotiated or signed this Agreement, including the impact of any new legislation. This provision shall not be interpreted as prohibiting the Parties from meeting to discuss issues of mutual concern during the term of this Agreement. The Parties shall attempt to resolve issues through collaboration.

Article 4: Grievance

4.1 Definitions

4.1.2    Grievance

A “grievance” shall mean a written complaint by a member of the bargaining unit or the Association that there has been a violation, misinterpretation, or misapplication of any provision(s) of this Agreement. The provision(s) grieved shall be so designated.

4.1.2    Day

A “day” for purposes of all time limits specified in this Article IV shall consist of school days except when a grievance is submitted fewer than ten (10) days before the close of the current school term. Then time limits shall consist of all weekdays. Timelines may be extended by mutual consent. Upon the absence of a supervisor, a response may be made by a designee.

4.2 Procedures

The Parties acknowledge that a bargaining unit member and the Board may resolve problems through free and informal communications. However, a grievance shall be processed as follows:

4.2.1    Step I

The grievant may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The Association’s representative, the grievant, and the immediately involved supervisor shall be present for the meeting. Within five (5) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.

4.2.2    Step II

If the grievance is not resolved at Step I, then the Association may refer the grievance to the Superintendent or designee within fifteen (15) days after receipt of the Step I answer. The Superintendent shall arrange with the Association representative for a meeting to take place within fifteen (15) days of the Superintendent’s receipt of the appeal. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for the decision.

4.2.3    Step III

If the Association is not satisfied with the disposition of the grievance at Step II, the Association may submit the grievance to final and binding arbitration. If a demand for arbitration is not filed with the Board within thirty (30) days of the date of the Step II answer, then the grievance shall be deemed withdrawn.

If within fifteen (15) days of the filing of the demand with the Board the Parties cannot agree on an arbitrator, the demand shall be submitted to the American Arbitration Association which shall act as the administrator of the proceedings.

Arbitration proceedings shall be conducted by an arbitrator to be selected by the two (2) Parties from a roster of arbitrators provided by the American Arbitration Association. Within seven (7) days after the Association requests binding arbitration, the two Parties will request the American Arbitration Association to provide a panel of seven (7) arbitrators. The Association shall strike the first name and then each of the two Parties will alternately strike one name at a time from the panel until only one name shall remain. The remaining name shall be the arbitrator.

The decision of the arbitrator shall be final and binding on the Parties. The arbitrator, in the opinion given, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement.

4.3 Time Limits

A grievance must be filed within ninety (90) days of the occurrence of the event which gave rise to the grievance. The number of days indicated at each step in the procedure shall be considered as the maximum allowable to the Parties and every effort shall be made to resolve the grievance as rapidly as possible.

4.4 Representation

The grievant and the Association have the right to representation in the grievance procedure. The grievant shall be present at all grievance discussions unless the Board, Association, and the grievant mutually agree that the grievant’s presence is not desirable or necessary. When the presence of the grievant at a grievance hearing is required by either party, illness or incapacity of the grievant shall be grounds for any necessary extension of grievance procedure time limits.

4.5 Constraints

Any investigation, or other handling or processing of any grievance by the grievant or the Association shall, if possible, be conducted during non-student contact time.

4.6 Bypass

By mutual agreement, any step of the grievance procedure may be bypassed.

4.7 Class Grievance

Class grievances involving more than one bargaining unit member or more than one supervisor and grievances involving an administrator above the building level may be initially filed by the Association at Step II.

4.8 No Reprisals Clause

No reprisals shall be taken by the Board against any bargaining unit member because of the bargaining unit member’s participation in a grievance.

4.9 Grievance Withdrawal

A grievance may be withdrawn at any level without establishing precedent.

4.10 Costs

The fees and the expenses of the arbitrator shall be shared equally by the Parties.

4.11 Court Reporter

If only one party requests the presence of a court reporter, that party shall bear the cost of the reporter. If the arbitrator requests the presence of a court reporter, both Parties shall share the cost of the court reporter.

4.12 Postponement

If only one party requests the postponement of an arbitration hearing, that party shall bear any per diem fee assessed by the arbitrator.

4.13 Settlement

By mutual agreement, a grievance may be settled at any step without establishing precedent.

4.14 Released Time

During any arbitration hearing, the individual grievant shall be released from regular assignment without loss of pay, and Association representative(s), not to exceed two, may appear at the arbitration hearing, providing the Association shall reimburse the district the cost of the substitute. Other staff members may volunteer to cover the classes of the Association representative, and this, if allowed, will result in no reimbursement.

4.15 No Written Response

If no written response has been rendered within the time limits indicated by a step, then a grievance shall pass to the next step.

4.16 Records

All records, other than personnel records, that are related to a grievance shall be filed separately from the personnel files of the bargaining unit members. This does not preclude, however, the right of the Board to utilize said records in any future discipline or discharge proceedings against any bargaining unit member.

4.17 AAA Rules

At the request of both Parties, the Expedited Arbitration Rules of the American Arbitration Association shall be used instead of the Voluntary Labor Arbitration Rules.

Article 5: Bargaining Unit Member and Association Rights

5.1 Bargaining Unit Member Discipline & Complaints Against Bargaining Unit Members

5.1.1   

The Parties recognize that the District is subject to state and federal laws and rules which require the District to follow certain procedures regarding receiving, reviewing, investigating, and processing certain complaints (e.g. Title IX sexual harassment complaints; sexual abuse investigations). Except where prohibited by state or federal laws or rules or requested by law enforcement or a state or federal agency (e.g. DCFS) not to disclose information pending an investigation, any complaint or series of complaints deemed by the Board to justify disciplinary action which might result in placement of materials in a bargaining unit member’s personnel file shall be brought to the attention of the bargaining unit member as soon as possible. The Parties agree that it is most desirable to have complaints against a bargaining unit member directed to the individual(s) involved in an attempt to resolve disputes at the most immediate level. Except where required or more appropriate to follow another process, complaints, like other concerns, will be processed according to “Procedure for Resolving Concerns” (see Appendices A and B).

5.1.2   

When deemed appropriate by the building principal or designated supervisor or requested in writing by the bargaining unit member, an attempt will be made to schedule a conference between the complaining party and the bargaining unit member involved. Any of the Parties may have a representative of their choosing at the conference.

5.1.3   

Any form of discipline shall be for just cause and progressive discipline shall be followed. However, notwithstanding the foregoing, in all cases the Board may impose discipline commensurate with the misconduct. No written reprimand will be placed in the bargaining unit member’s permanent file without the bargaining unit member’s knowledge.

5.2 Non-Discrimination

Neither the Board nor the Association shall discriminate against any bargaining unit member on the basis of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, sexual orientation, or “unlawful discrimination”, “citizenship status”, or “work authorization status” as defined by the Illinois Human Rights Act. Nothing in this section shall prohibit the District from using marital status as a factor in determining eligibility for participation in bargaining unit member benefit programs.

5.3 Right of Representative

When a bargaining unit member is required to appear before the Administration or the Board concerning a disciplinary conference in which a written reprimand will be issued or a conference in which a suspension with or without pay or dismissal will occur, the bargaining unit member shall be entitled to have an Association representative present, if one is requested.

Prior to such a conference, the Administration or Board will inform the bargaining unit member, in writing, that a conference will be held concerning a written reprimand, suspension with or without pay, or a dismissal.

It shall be the responsibility of the bargaining unit member to obtain a representative.

5.4 Official Personnel File

The Superintendent or designee shall maintain the bargaining unit member’s official personnel file. Except as provided in Section 4.16, material contained in the official personnel file can be utilized in the suspension or discharge of a bargaining unit member. This section is inapplicable to action taken pursuant to Section 24-11 of the Illinois School Code.

No formal evaluation material and no letter of reprimand or letter of complaint shall be placed in the personnel file unless the bargaining unit member has an opportunity to read such material. The bargaining unit member shall be requested to acknowledge in writing that the material has been read by affixing their signature. If the bargaining unit member refuses to acknowledge the material being read, the material may nevertheless be placed in the file if the bargaining unit member has had the opportunity to read the material.

The bargaining unit member shall have the right to respond to any material contained in the personnel file, and the response shall become a part of the file.

The bargaining unit member shall have the right to review the contents of the personnel file within two (2) working days and shall have the right to have a representative of the Association accompany the review. Privileged information, as defined by law, shall be specifically exempted from such a review.

The bargaining unit member may request and receive one (1) copy of any material contained in the personnel file except privileged information. The expense of the copy will be borne by the bargaining unit member.

5.5 Right to Organize

The Board agrees that it will not discriminate against any member of the bargaining unit with respect to hours, wages, terms or conditions of employment by reason of the bargaining unit member’s membership in any professional organization, participation in negotiations, or participation in any grievance.

5.6 Dues Deductions

The Board shall deduct from each bargaining unit member’s pay the current dues of the Association, in the amount certified by the Association and in accordance with the terms of the bargaining unit member’s written authorization provided to the Board by the Association. Bargaining unit member requests to authorize, revoke, cancel, or change authorizations for payroll deductions shall be directed to the Association rather than to the Board. The Association shall be responsible for initially processing requests and for providing notification and proper requests to the Board. Upon receiving written notice of the authorization, the Board shall commence dues deductions as soon as practicable, but in no case later than 30 days after receiving notice from the Association. All dues deducted by the Board shall be transmitted to the Association no later than 10 days after they are deducted. If requests are not provided to the Board, the Board shall rely on information provided by the Association regarding whether deductions for the Association were properly authorized, revoked, canceled, or changed, and the Association shall indemnify the Board for any damages and reasonable costs incurred for any claims made by bargaining unit members for deductions made in good faith reliance on that information or deductions made in good faith by reason of the failure of the Association to transmit appropriate information.

1. Deductions shall remain in effect until the Board receives notice that a bargaining unit member has revoked his or her authorization in writing in accordance with the terms of the authorization; or
2. the individual is no longer employed by the Board in a bargaining unit position; or
3. the bargaining unit member is placed on leave pursuant to any of the following sections: 10.1.5, 10.1.6, 10.2.2, 10.2.3, 10.2.4 or 10.3.

5.7 Meetings, Notices & General Information

(a) The Association is allowed the use of school buildings for meetings, provided that such use shall be restricted to reasonable times and shall not interfere with or interrupt normal school operations. For general Association membership meetings, whenever possible, prior notice shall be given the Superintendent or designee a minimum of three (3) working days in advance of the meeting.

(b) The Association shall have the right to use bargaining unit member mailboxes and regular mail distribution facilities, including the District’s electronic mail system, for communication with bargaining unit members regarding collective bargaining negotiations, the administration of the collective bargaining agreements, the investigation of grievances, other workplace-related complaints and issues, and internal matters involving the governance or business of the Association.

(c) The Association shall have the right to post official notices of its activities on a bulletin board designated by the principal of a school. The principal shall have the right to direct removal of any item, but removal shall not occur until after a meeting between the principal and an Association representative has been held.

(d) The Association shall have the right to reasonable use of office equipment consistent with state law and will be responsible for reimbursing the Board for all materials and supplies used in the operation of this equipment.

5.8 Progress Conference for Own Children

A bargaining unit member with a child or children attending District schools shall, if the scheduling allows, have the opportunity to meet with the child’s or children’s teacher on the conference day designated on the District calendar during the bargaining unit member’s assigned lunch period.

Should conferences be scheduled outside the regular workday in any given year, bargaining unit members with a child or children attending District schools shall, in consultation with their administrator, have the opportunity within a reasonable time after said conferences (e.g. within 1 week) to waive their flex time or to be absent during all or part of their scheduled preparation time in order to meet with the child’s or children’s teacher(s) for a conference.

5.9 Notification of Communicable or Chronic Infectious Disease

The Administration will notify appropriate bargaining unit members of a student with a communicable or chronic infectious disease consistent with federal and state law regarding student records.

5.10 Curriculum Development

Each bargaining unit member will continue to be encouraged to provide input through the committee process into curriculum development.

5.11 Board Policies

Board policies, administrative procedures, and exhibits are available on the District’s website. Proposed revisions are attached to the Board’s agenda as they are brought to the Board for first reading.

5.12 Opening Day Remarks

If an opening day institute is held, the president of the Association or designee shall be granted a reasonable amount of speaking time for the purpose of welcoming the staff.

5.13 Meeting with the Superintendent

Each month during the regular school term, an informal meeting will be held with the Superintendent and/or designee(s) and Association leadership. This meeting will be for the purpose of discussing current concerns of the Association or Administration. If deemed appropriate or necessary by the Association and Superintendent, more than one informal meeting may be held during the month.

5.14 Meeting with Principals

Association leadership is invited to attend the principals meeting held at the start of each school year to share its views on contractual issues.

5.15 Clinical Hours

Bargaining unit members may use their scheduled planning time to complete professional clinical hours to fulfill the requirements of their educational programs. In completing these hours:

1. internal or external substitutes may not be used;
2. grade level, team or department planning times may not be missed; and
3. no travel time beyond the scheduled planning time will be allowed to complete these hours at another school site..

5.16 Use of Video Cameras in Unit 5 Facilities

The purpose of surveillance equipment is to secure the buildings. The purpose of the equipment is not to evaluate the performance of bargaining unit members or to monitor their behavior or conduct.

Except pursuant to an investigation into suspected criminal conduct, surveillance shall only occur in common areas including, among others, hallways, parking lots, grounds, cafeterias, IMCs, and gymnasiums. Surveillance equipment will not be utilized to observe bargaining unit member performance or otherwise be accessed as documentation in the evaluation process.

Video from the surveillance equipment may be reviewed by District personnel in connection with investigations of suspected criminal conduct, student misconduct or security violations or incidents. Except as otherwise required by law, access to video involving District personnel will be limited to appropriate administrative personnel and police liaison officers. Such review will take place in the office of one of the Parties listed above. If the review of data inadvertently reveals alleged incidents of bargaining unit member misconduct, the following process will be followed:

1. The bargaining unit member and Association will be notified if the District intends to investigate the alleged misconduct incident. Such notification shall be in writing.
2. The Association representative or the bargaining unit member’s representative may review the video depicting the alleged misconduct.
3. The bargaining unit member has the right to be represented in all investigatory meetings regarding alleged misconduct unless the bargaining unit member declines representation.
4. Any discipline that may be imposed against the bargaining unit member as a result of the misconduct investigation shall be in accordance with the applicable provisions of this Agreement.

Except as otherwise required by law, video from surveillance equipment will be stored consistent with the storage capacity of the District’s equipment and servers and retention and destruction procedures unless there is cause to believe that such video would document a criminal or security incident or relate to possible civil litigation.

All new bargaining unit members will be notified in writing of the use of the surveillance equipment as part of new employee orientation. Except when temporarily added pursuant to an investigation into suspected criminal conduct, all bargaining unit members within a building will be notified in writing whenever surveillance equipment is added within their building.

Article 6: Employment Conditions

6.1 School Calendar

No less than thirty (30) days prior to the adoption of the school calendar by the Board, the Board shall accept input from the Association. The Superintendent and/or designee(s) will invite the Association to submit its views and comments on the proposed calendar for the next year prior to preparing the calendar and will consider such views and comments in formulating the recommendations for the Board’s decisions, including such items as: the starting date for the next school year; the starting, ending, and length of winter break and spring break.

For the duration of the contract the Board will waive no more than two (2) holidays per school year.

The official school calendar shall consist of one hundred eighty-five (185) days, including five (5) emergency days, or the number prescribed in the Illinois School Code.

6.1.1 School Improvement Days

The Parties agree to set aside no less than two (2) full days per school year to be used as a School Improvement Days, which days shall be designated in the school calendar. This agreement is contingent upon the Illinois State Board of Education granting approval for the use of school days for this purpose.

The Parties further agree to designate time during Institute days for professional educator activities.

6.1.2 Regular 180-Day Work-year

The regular 180-day work-year shall be defined by the official school calendar, adopted annually by the Board.

Should the District determine there is work to be completed by bargaining unit members outside of the regular 180-day work-year, such work will be posted in accordance with the provisions of this Agreement. Bargaining unit members who voluntarily accept such Assignments will be compensated according to the appropriate and applicable Pay Rates outlined in this Agreement.

It is understood that events such as “Open Houses”, “Back to School Nights” and similar events should be scheduled within the regular 180-day work-year. However, should the District decide to conduct such events outside the regular 180-day work-year, the work will be posted and interested, qualified bargaining unit members may apply. Those selected to perform such work will be paid at Contract Extension – Pay Rate 6 as such work would be an extension of their regular duties.

6.1.3 Progress Conferences

If conferences are scheduled by the Board at times other than a period of eight (8) consecutive hours or less between 8:00 a.m. and 5:00 p.m., the date will be determined by the Association.

The Parties recognize that most parents and guardians have regular access to student information. Bargaining unit members are expected to initiate communication regularly with parents/guardians regarding individual student performance and progress, especially parents/guardians of students who are underperforming. Bargaining unit members are also expected to be regularly available to meet with parents/guardians. Therefore, it is not expected that a conference is necessarily held for every student on the designated conference days or that each conference occurs for a certain length of time. However, the bargaining unit member shall attempt to hold a conference on designated conference days for each underperforming student or when requested by a parent/guardian. Conference days are intended to support the continued communication efforts that should occur throughout the year. The Parties will continue to work collaboratively to explore the most effective avenues for conferences and communication.

6.2 Work Day

The regular work day for each bargaining unit member shall be eight (8) clock hours or sixty (60) minutes longer than the student day, whichever is shorter. If the District would choose a student schedule that extends the student day, flex time may be reduced proportionally. In addition, each bargaining unit member recognizes that professional responsibilities extend beyond the classroom and beyond the regular work day. These responsibilities may include the following: participation in student and parent conferences; providing students with guidance, counseling, and tutorial assistance; attendance and participation in departmental, building, and intra-system meetings as scheduled; assistance in the development of curriculum; supervision of students and student activities.

Each bargaining unit member shall have the right to select a schedule which provides that the bargaining unit member shall be present at least twenty (20) minutes before the opening session with the balance of the time spent after the close of the student day or shall be present at least twenty (20) minutes after the close of the student day with the balance of the time spent before the opening session.

A bargaining unit member may deviate from the selected schedule of flex time specified above upon prior notification to the principal. If building-based or district-wide meetings are held prior to the start or after the end of the regular school day, a bargaining unit member may choose to waive the above specified flex time only at the earliest opportunity to do so, for example, on the same day or the following day. This waiver of flex time is not intended to be a minute-to-minute trade-off for time spent at these meetings and may not be banked for later use by the bargaining unit member.

If conditions necessitate adding a zero hour or a ninth hour to the secondary school day, a bargaining unit member who has assigned professional responsibilities during one of these class hours will not be required to be present in the building for longer than eight (8) consecutive clock hours.

6.2.1 Extended Work Day

Occasionally, a bargaining unit member may be assigned a schedule that includes more than one of the three levels (Elementary, Junior High/Middle School and High School) and, as a result, be present in a building for longer than the regular eight (8) hour work day. This should occur on a limited basis and be appropriate to the needs of the students. When such an assignment becomes necessary:

1. The individual bargaining unit member assigned such a schedule, the Association and the Administration/Board must all agree to the Assignment.
2. The schedule will not be for longer than one school year and will be reviewed on an annual basis if necessary.
3. That impacted bargaining unit member will not be required to select a flex-time schedule.
4. The impacted bargaining unit member will not be assigned a supervisory duty.

6.3 Reduction in Force

Dismissal of a bargaining unit member because of a decision of the Board to decrease the number of bargaining unit members employed by the Board or to discontinue some particular type of teaching service shall be in accordance with Section 24-12 of the Illinois School Code.

Any bargaining unit member, who was removed or dismissed as a result of a decision of the Board to decrease the number of bargaining unit members employed by the Board or to discontinue some type of teaching service, and who has recall rights as outlined in Section 24-12 of the Illinois School Code, shall be tendered a position that becomes vacant for a period of two (2) calendar years from June 1 of the year action was taken, provided such a member is legally qualified to hold such a position.

Any such tender will be mailed by certified mail to the bargaining unit member’s last known address. The bargaining unit member has a continuing duty to provide the Board with an address(es) where such bargaining unit member may be reached during the applicable recall period. The bargaining unit member must also notify the Board in writing within fourteen (14) calendar days of receipt of certified mailing or seventeen (17) calendar days of date of certified mailing, whichever occurs first, of the acceptance of any vacant position offered to the bargaining unit member during the recall period. Failure to notify the Board of acceptance shall constitute a rejection of the offer of employment. If a bargaining unit member rejects an offer of a vacant position, the bargaining unit member shall be deemed to have waived recall rights and will no longer be eligible for any vacant position that becomes available within the recall period.

6.3.1 Joint RIF Committee

The Joint RIF Committee will meet annually to address issues related to placement in RIF groupings. The Committee shall include equal representation from the Parties, with representatives selected by each. The Committee shall meet by December 1 of each school year and must reach agreement on any changes in the criteria for inclusion in a grouping on or before February 1 of a school year for the agreement to apply for that school year.

6.4 Preparation Time

6.4.1 High School Bargaining Unit Members

Bargaining unit member assignments from grades 9 through 12 will consist of five (5) classroom assignments and one (1) supportive non-instructional assignment not to exceed thirty (30) minutes per day. It is understood that supervisory duties will be in addition to the above. High school building chairs and high school webmasters shall not be assigned duties or supportive non-instructional assignments. Special Education building chairs will be provided with one (1) class period of release time per full day student attendance day to complete additional responsibilities, including those related to testing and scheduling of students with IEPs.

Each bargaining unit member will have a duty-free lunch equal to that of the students and not less than thirty (30) minutes.

6.4.2 Middle School Bargaining Unit Members

Bargaining unit member assignments from grades 6 through 8 will consist of five (5) graded class assignments and one non-graded tutorial/supervisory duty, or six (6) graded class assignments.

If the need arises for an assignment that deviates from such a standard assignment, the position will be posted. If there are no applicants for the position, the filling of that position will be considered an involuntary transfer.

A non-graded tutorial or a supervisory responsibility will be considered prior to a 6th graded class assignment. The necessity of the 6th graded class assignment will be determined by the building principal in consultation with the building chair. When necessary, a 6th graded class assignment will be offered based on seniority, moving from most to least senior in the specific department, in a specific building. If any more than two (2) members within a subject area have a 6th graded assignment, a new staff member will be hired.

All efforts will be made to ensure reasonable class sizes will be maintained at the middle schools. Additional staff and/or paraprofessionals will be considered as needed.

Non-graded Tutorial Time at the Middle School is team-driven and is defined/intended for direct assistance and/or interventions by a certified bargaining unit member with a smaller group of students according to the established guidelines.

Supervisory responsibilities during the student day at the Middle School may include assignments to monitor student behavior during use of the IMC, in-school suspension and/or lunch.

All periods will be approximately the same length of time.

Middle school building chairs and middle school webmasters shall not be assigned a supervisory duty or a supportive non-instructional assignment.

Each bargaining unit member will have a duty-free lunch equal to that of the students and not less than thirty (30) minutes.

6.4.2.1 Middle School Advisory

One day per week, bargaining unit members will have an advisory period the length of a full class period. Advisory is defined/intended for direct instruction around social-emotional learning (e.g. creating and fostering connections between educators and students, behavioral health). The role of the bargaining unit member during advisory is to facilitate activities that are in alignment with this stated purpose.

Advisory may not be used as part of a bargaining unit member’s performance evaluation unless requested by the bargaining unit member. Professional development and plans necessary to conduct activities will be provided to bargaining unit members by the District.

6.4.3 Elementary Bargaining Unit Members

An elementary level bargaining unit member shall be scheduled to receive a minimum of two hundred seventy-five (275) minutes of planning time per regular work week. A regular work week shall consist of five (5) consecutive workdays. Every attempt will be made to provide each elementary bargaining unit member with at least twenty-five (25) minutes of planning time per regular work day. A regular work day is specified in Section 6.2. The Administration agrees to identify, bring forward, and explain reason(s) to the Association president for any instances where planning time is scheduled in increments of less than fifteen (15) minutes. The Superintendent or designee will provide the Association president with copies of all building area schedules by the beginning of the school term, with the understanding that there may be changes to the schedules and those changes will be provided to the Association president as they occur.

Each bargaining unit member will have a duty-free lunch equal to that of the students and not less than thirty (30) minutes.

6.4.4 Early Learning Bargaining Unit Members

An early learning level bargaining unit member shall be scheduled to receive a minimum of two hundred seventy-five (275) minutes of planning time per regular work week. A regular work week shall consist of five (5) consecutive workdays. A regular work day is specified in Section 6.2, provided that “student day” shall be interpreted for early learning staff to mean both AM and PM sessions combined.

Each bargaining unit member will have a duty-free lunch equal to elementary staff.

6.4.5 Traveling and Area Bargaining Unit Members

Bargaining unit members who travel between buildings will have planning time, instructional time (inclusive of travel) and a duty-free lunch equivalent to bargaining unit members at their home base school.

Area bargaining unit members will have a duty-free lunch equal to that of the students and not less than thirty (30) minutes.

6.4.6 Standardized Testing During Preparation Time

Bargaining unit members will not be expected to deliver, proctor or supervise standardized tests during their preparation time. If a bargaining unit member is directed to deliver, proctor or supervise a standardized test during their regularly scheduled preparation time, or volunteers to accept such assignment, they will be compensated for any net loss of preparation time occurring the day(s) the testing takes place at the per diem rate, Contract Extension ? Pay Rate 6.

6.4.7 Meetings During Preparation Time

The Parties mutually recognize the value and importance of preparation time and the impact meetings during a bargaining unit member’s preparation time may have on the bargaining unit member’s work day. Building administrators will make every effort to limit, where possible, the number of meetings that occur during an individual bargaining unit member’s preparation time and to continue to find ways to protect that time for its intended purpose.

6.4.8 Extra Assignment

For purposes of this Agreement, an “extra assignment” is an assignment voluntarily accepted by a bargaining unit member in addition to their regular assignment as defined in Section 6.4.1, 6.4.2, 6.4.3, 6.4.4 or 6.4.5, as applicable, and which results in a loss of bargaining unit member planning time (e.g. 6th classroom assignment for a high school teacher; 7th graded class assignment for a middle school teacher; additional graded class assignment for an elementary area teacher). Any extra assignment of 100 minutes or less per week will be paid at half the instructional or non-instructional rate, as applicable, and as set forth in Schedule B.

6.5 Coaching Schedule

Every reasonable effort will be made to schedule extra-curricular activities in such a way that it is not necessary to have a coach released early from their regular work day. In particular, the Administration will encourage the starting time for extra-curricular duties and the scheduling of bargaining unit members’ instructional day to be such as to make it possible for all bargaining unit members to fill extra-curricular, especially coaching, assignments.

6.6 Vacancies and Transfers

6.6.1 Definitions

6.6.1.1 Vacancy Definition

“Vacancy” for purposes of this Section means an open position resulting from a resignation, retirement, termination, or transfer from a previously existing position or an open position resulting from a newly created bargaining unit position.

6.6.1.2 Voluntary Transfer Definition

“Voluntary Transfer” for purposes of this Section means a change from one position to another requested and received by a bargaining unit member.

6.6.1.3 Involuntary Transfer Definition

“Involuntary Transfer” for purposes of this Section means a change from one position to another which is not requested by a bargaining unit member. This category includes those persons who are displaced when positions or programs are eliminated.

6.6.1.3.1

Involuntary transfers include reassignment within a building (e.g. from 4th grade to 3rd grade or from one Department to another) as well as between buildings (e.g. from Fairview to Oakdale).

6.6.1.3.2

Reassignments within a Department at the secondary level (e.g. world geography to American history) are not considered involuntary transfers.

6.6.1.3.3

For bargaining unit members assigned to more than one building, such as those assigned in art, music, physical education, library/media services, speech pathology, foreign language, Title I, FACS, industrial technology, business, nurses, and certain special education designation, involuntary transfers include a reassignment to another home base. In the event it becomes necessary to transfer such a bargaining unit member involuntarily, such transfers shall be made based on seniority.

6.6.1.4 Seniority Definition

“Seniority” for purposes of this Section means the total years of continuous service to the District in a position requiring a Professional Educator License. Seniority shall be reflected in the list published by the District annually.

Application of seniority in cases of involuntary transfer is limited to the grade level or department being reduced or reorganized. For example, if the need arises to reduce one third grade teacher from a building and no volunteers are available, then the third grade teacher having the least seniority shall be involuntarily transferred.

6.6.2 Procedures

6.6.2.1 Posting of Vacancies

Vacancies occurring during the school year may be temporarily filled to avoid undue disruption of the educational program. The procedures in this section will be followed for filling vacancies for a subsequent school year.

A notice setting forth information that accurately describes the vacancy shall be posted electronically.

Except in cases of emergency, the vacancy will not be filled until seven (7) calendar days have elapsed since delivery and posting of the notice as set forth above has occurred. Where specific training, experience, and other qualifications are a prerequisite for anyone to fill the vacancy, such requirement shall be set forth in the notice.

Reassignments within a school building may occur prior to posting a vacancy. The Association president or designee is concurrently given written notice of any such reassignment. Consequently, a retirement, resignation, addition at a grade level or mid-year staffing could result in a notice of vacancy that differs from the original opening within the building.

When a bargaining unit member with interest in a particular potential vacancy provides the Superintendent or designee in writing prior to the last bargaining unit member attendance day of the school year with contact information, such as e-mail address, street address and phone number, the Administration shall notify the bargaining unit member of any vacancy occurring during the summer in which the bargaining unit member has expressed an interest. A bargaining unit member so notified shall be responsible to contact the Administration within seven (7) calendar days following a good faith effort to give the bargaining unit member notice, should the bargaining unit member elect to apply for the vacancy.

If the District offers a summer school or other extended school year program, notice of all vacancies for the program shall be published in the manner provided for herein and shall not be filled until seven (7) calendar days have elapsed. Compensation shall be in accordance with the Agreement.

When Schedule B vacancies occur, the following procedures will be followed:

1. Principals shall email all Schedule B vacancies to all bargaining unit members in their school building and allow bargaining unit members a period of seven (7) calendar days to express written interest in the vacancy. In the event no qualified bargaining unit member expresses written interest during the seven (7) calendar days, a District-wide posting, consistent with the procedure set forth in Section 6.6.2.1 and Section 9.8.10 shall occur for an additional seven (7) calendar days.
2. The Association president or designee shall be copied on all Schedule B vacancy emails within a building. All bargaining unit member’s written interest shall be acknowledged in writing by the appropriate administrator.
3. Principals shall annually reopen Schedule B positions which are currently filled by non-bargaining unit members to all bargaining unit members in their school building for seven (7) calendar days before the end of the school year.
4. Vacancies occurring during the school year may be temporarily filled to avoid undue disruption of the educational program.
5. Preference shall be given to a bargaining unit member over a non-bargaining unit member when both are equally qualified.

In order to afford elementary bargaining unit members the opportunity to perform extra tasks such as ticket-taking, such semester or seasonal jobs will first be emailed to bargaining unit members within a building and if not filled, will then be posted on the District website for all bargaining unit members before such work is offered to non-bargaining unit staff or persons not employed by the District.

6.6.2.2 Voluntary Transfers

A bargaining unit member requesting a transfer within seven (7) calendar days of the publishing of a notice for a specific vacancy shall be granted an interview. No assignment of a new bargaining unit member to a specific position in the District will be made until all pending requests for transfer to that position have been given due consideration. Notification to bargaining unit members who are granted or denied a transfer will be made in writing as soon as a determination is made. A bargaining unit member desiring a transfer to a position for which there is at the time no vacancy, shall notify the Superintendent or designee of the transfer request in writing. Such a request will be placed on a “Transfer Request List” until the bargaining unit member receives a transfer or September 1 of each year, at which time the list will be purged. A copy of the “Transfer Request List” shall be provided to the president of the Association or designee quarterly.

6.6.2.3 Involuntary Transfers

When involuntary transfers are necessary for any reason, the following process will be used:

1. Affected bargaining unit members will be notified of the need for involuntary transfer and offered the opportunity to accept the transfer. If more people are willing to accept the transfer than needed, the most senior person willing to accept the transfer will be transferred.
2. If an insufficient number of bargaining unit members are willing to accept the necessary transfers, the least senior will be involuntarily transferred.
3. At every building, each bargaining unit member to be involuntarily transferred, will be given the option of choosing an opening in their own building (if one is available) or of being placed on the district-wide “involuntary transfer list”. When more than one person in the building is being transferred, the most senior will be given the opportunity to choose first, then the next, and so on.
4. All bargaining unit members on the district-wide “involuntary transfer list” will choose from any available positions in the district immediately following the building-based displacements, in order of seniority.
5. Once all involuntarily transferred bargaining unit members have selected positions, internal reassignments may occur within a building and/or department.
6. Any remaining vacancies will be posted for voluntary transfers and additional hires.

6.6.3 Transferring Programs

6.6.3.1

When total programs are placed in a different building with no change in total staff within the program, all bargaining unit members within that program shall be transferred to the new building with the program (e.g. EMD from NCHS to NCWHS). If need for additional staff is anticipated, the above procedure shall occur first, and the additional position opening shall be deemed a vacancy.

6.6.3.2

When programs are split between two schools and no need for additional staff is anticipated, bargaining unit members within the program may agree as to which school they will be located. In the absence of an agreement, seniority will prevail. If the need for additional staff is anticipated, the above procedure shall occur first and the additional position opening shall be deemed a vacancy.

6.7 Seniority

6.7.1 Seniority Tie Breakers

6.7.1.1

If seniority is equal between two (2) or more bargaining unit members, then total bargaining unit service in the District, whether or not continuous, shall be determinative.

6.7.1.2

If the years of total bargaining unit service in the District are equal, then total public school teaching or professional educator service outside of the District shall be determinative.

6.7.1.3

If total public school teaching or professional educator service outside of the District is equal, the decision of the Superintendent and the Association president shall be determinative.

6.7.2 Seniority Application

6.7.2.1

Board approved leaves shall not affect seniority within the District.

6.7.2.2

Part-time bargaining unit members shall accumulate seniority without achieving tenure.

6.8 Working Environment

6.8.1

The Board shall comply with all applicable local, state, and federal laws and regulations pertaining to a safe and healthy working environment.

6.8.2

In the event that a bargaining unit member becomes aware of a potentially unsafe or hazardous condition, the bargaining unit member shall report this situation, in writing, to the immediate supervisor and the Association president. Within a reasonable period of time, the supervisor will notify the Association president and the building Association representatives what action, if any, has been taken to address the situation.

Under this Agreement, the District commits to complying with all local, state and federal laws and regulations pertaining to a safe and healthy working environment. The Parties desire that any unsafe or hazardous condition be remedied in a reasonable manner and in a timely fashion. In the event that a condition which the Association concludes is unsafe or hazardous is not timely remedied at the building level, the Association shall bring the matter to the Superintendent or designee. Within a reasonable period of time, the Superintendent or designee will notify the Association president what action, if any, has been taken to address the situation. The Association’s suggested response to possible unsafe or hazardous conditions shall be welcomed at all levels. Responses to possible unsafe or hazardous conditions may initially involve testing and analysis by engineers and other appropriate professionals. The Administration shall work to maintain the adequacy of air exchange within buildings.

This article shall not be subject to the grievance/arbitration provision of this Agreement.

6.9 Student Enrollment and Class Size

The maintenance of a reasonable class size is a priority which reflects the philosophy of the District. The Board and Administration will continue to monitor student enrollment, room availability, class make-up, bargaining unit member input, and administrator recommendation in determining whether to address an identified need by adding a section or by adding a paraprofessional.

Every attempt will be made to communicate with staff and parents to maintain an educational level that will ensure the continuation of the quality of education our staff and parents expect.

6.10 Least Restrictive Environment

While the Parties acknowledge that Least Restrictive Environment (LRE) is federally mandated, they also recognize the extent to which any individual student with disabilities should participate in regular education programs must be appropriate to that student’s unique needs as determined by the Individual Education Program (IEP).

Bargaining unit members shall use the District Concern Resolution Form to process unresolved concerns relating to LRE matters.

6.11 Subcontracting Work Traditionally Performed by Bargaining Unit Members

The Association recognizes there are times when the District is required to provide certain services as part of its obligation to educate students in the District but is unable to find a qualified bargaining unit member who is willing or able to provide such services. The Board recognizes the Association’s interest in having services provided by bargaining unit members instead of third parties.

Should a vacancy in a bargaining unit position exist, whether resulting from a resignation, retirement, termination, or transfer or due to the creation of a new position, and there is a need for the District to contract with a third party (individuals or agencies outside the bargaining unit) to provide services for the District traditionally performed by bargaining unit members, the following process should be used:

1. The District shall post the vacant position in accordance with Section 6.6.
2. If the District is unable to fill the position, whether due to the lack of qualified applicants or interest in the vacancy or for some other reason, the District shall communicate such information to the Association.
3. The Association shall have seven (7) calendar days (or less depending on the time constraints imposed upon the District in a particular case in which the District shall also communicate such time constraints to the Association) after receipt of such communication in which to suggest alternative means for the District to fill the vacancy or provide the services needed.
4. If the District has not received any suggestions from the Association during such time period, or is not able to reach a good faith agreement with the Association on an alternative means to fill the vacancy or provide the services, the District shall have the right to contract with a third party to provide the services or re-assign a bargaining unit member to provide such services, following the Involuntary Transfer process in Section 6.6.
5. The District shall repost the vacancy, according to the provisions of this Agreement, for the next semester and follow the same procedures specified herein as necessary.

Article 7: Evaluation

7.1 Purpose

The purpose of evaluation is to improve the quality of instruction.

7.2 Evaluator Qualifications

Any individual who evaluates a bargaining unit member’s performance must be pre-qualified in accordance with the provisions of the Performance Evaluation Reform Act (PERA).

7.3 Evaluation Plan

All evaluations shall be conducted in accordance with the District’s evaluation plan utilizing the agreed upon evaluation instrument. The evaluation plan will be posted on the District website.

7.4 Orientation

Within the first fifteen (15) school days of each school term, the building principal or designated administrator shall orient all bargaining unit members under that administrator’s supervision as to the evaluation procedures.

The bargaining unit member’s evaluation cycle shall not begin or continue for tenured bargaining unit members already in their evaluation cycle until such orientation has been completed.

Such orientation shall include identification of the evaluator, evaluation procedures, and District evaluation tools.

7.5 Planning Meeting

The evaluator shall hold a planning meeting each school term with each bargaining unit member they are or will be evaluating within the first twenty (20) school days and following the orientation meeting. If a formal observation will occur during the school term, the evaluator and bargaining unit member shall determine the week(s) of the formal observation(s) at the planning meeting.

7.6 Frequency of Observations

Non-Tenured Bargaining Unit Member

Bargaining unit members new to the District shall not be evaluated prior to October 1. Each non-tenured bargaining unit member shall have a minimum of three (3) observations each school term. At least two (2) of those observations shall be formal observations, with at least one formal observation each semester.

Tenured Bargaining Unit Member

Each tenured bargaining unit member shall have a minimum of two (2) observations, at least one (1) of which is a formal observation during the evaluation cycle.

7.7 Evidence

The collection of evidence is a collaborative process between the evaluator and bargaining unit member. The Parties acknowledge that neither the evaluator nor the bargaining unit member is solely responsible for the collection of evidence and both shall submit evidence.

The evaluator must share the evidence collected and the associated performance ratings with the bargaining unit member in each formal observation post-conference.

The evidence must link to the components of the instructional framework included in the evaluation plan, and the complete record of evidence must include evidence for each part of the instructional framework being evaluated.

All observations which form the basis for the evaluation shall be reduced to writing by the evaluator on Form A in accordance with the Evaluation Plan.

Standardized test results may not be used for the purpose of bargaining unit member evaluation.

7.8 Formal Observation Process

Scheduling

The evaluator will work with the bargaining unit member to schedule the date and time of the pre-conference at least five (5) school days in advance of the formal observation.

The evaluator will notify the bargaining unit member at the pre-conference of the date and time of the formal observation and will work with the bargaining unit member to schedule the date and time of the post-conference, which will be held within five (5) school days of the formal observation.

Pre-Conference

At least one (1) school day in advance of the pre-conference, the bargaining unit member shall submit to the evaluator Form C and may include other evidence. At the pre-conference, the evaluator and the bargaining unit member shall discuss the lesson to be formally observed and any areas the bargaining unit member should focus during the observation.

Formal Observation

Each formal observation of the bargaining unit member shall last for a minimum of forty-five (45) continuous minutes, a complete lesson, or an entire class period.

The evaluator will document the observation using Form A.

Post-Observation

To this conference, the bargaining unit member will bring a completed Form D and the evaluator will bring a draft of Form A to guide their discussion.

The bargaining unit member and evaluator will discuss the bargaining unit member’s strengths, weaknesses, and suggestions for improvement and the reasons for identifying the areas as such.

Within three (3) school days of the post-observation conference, the evaluator will provide a completed Form A.

If the evaluator determines that the data and evidence collected to date may result in the bargaining unit member receiving either a “Needs Improvement” or “Unsatisfactory” Summative Performance Evaluation Rating, the evaluator shall notify the bargaining unit member.

7.9 Informal Observation Process

Scheduling

Informal observations may or may not be announced in advance to the bargaining unit member.

Informal Observation

Each informal observation of the bargaining unit member shall last for a minimum of fifteen (15) continuous minutes. There must be a cumulative total of forty (40) minutes of informal observation to qualify as a component of the Evaluation Plan.

Following each informal observation and within three (3) school days, the evaluator will record evidence of the informal observation on the appropriate form and provide the bargaining unit member with a copy of the completed Form A.

Optional Post-Conference

At the written request of the bargaining unit member or evaluator, a post-conference meeting will be held within five (5) school days to discuss the informal observation.

7.10 Video Recording

In addition to or in lieu of a direct (in classroom) formal or informal observation, the bargaining unit member and evaluator may agree to the submission of a video-recorded lesson or class period by the bargaining unit member to the evaluator to be used as part of the bargaining unit member’s evaluation.

7.11 Evaluation Cycle

See attached Evaluation Cycles.

7.12 Mid-Cycle Conference

Non-Tenured Bargaining Unit Member

A mid-cycle conference shall be held in December in which the bargaining unit member and evaluator meet to discuss progress using Form B to guide discussion.

Tenured Bargaining Unit Member

A mid-cycle conference shall be held within the first twenty-five (25) school days of the second school term of the evaluation cycle in which the bargaining unit member and evaluator meet to discuss progress using Form B to guide discussion.

Formative Ratings

At the mid-cycle conference, the evaluator will provide the bargaining unit member a formative rating for each component, unless the evaluator determines there is insufficient evidence to provide a definite formative rating (i.e. if there is some evidence that supports one rating, but other evidence that suggests another rating) in which case the evaluator will inform the bargaining unit member of the evidence that relates to each rating.
Information shared during this meeting may be used to determine the performance evaluation rating and should allow for a bargaining unit member to assess their progress and adjust professional practice as needed.

7.13 Changes to Evaluation Cycle

Once dates have been established for the pre-conference, formal observation(s), and post-conference, the evaluator shall notify the bargaining unit member of any change in dates and/or times as soon as possible and the bargaining unit member and the evaluator shall confirm, in writing, the revised date(s) and/or time(s).

7.14 Evaluation Completion Date

Evaluations of non-tenured bargaining unit members must be completed no later than sixty (60) calendar days prior to the end of the school term including the written summary report and recommendations as to continued employment.

Tenured bargaining unit members evaluations must be completed no later than forty-five (45) calendar days prior to the end of the school term including the written summary report.

7.15 Summative Conference

At the end of the evaluation cycle, the evaluator will schedule a Summative Conference with the bargaining unit member to discuss the overall rating of each domain and Summative Evaluation Performance Rating based upon evidence of professional practice using Form A as consistent with the instructional framework.

7.16 Deadlines

Either party may request an extension of a deadline provided in this Article VII for unusual circumstances. Any extension agreed to will be reduced to writing.

7.17 Response and Review

The bargaining unit member shall have the right to attach, at any time, comments to any formal evaluation or other materials placed in the bargaining unit member’s personnel file, exclusive of privileged material.

Within ten (10) school days following the Summative Conference, the bargaining unit member may request in writing that the evaluation be reviewed jointly by the Superintendent or designee and the president of the Association or designee.

The review request shall include the specific reasons for the review and a copy of the written evaluation summary.

The Parties will conduct a review of the evaluation within thirty (30) school days of the request and the bargaining unit member and evaluator will be advised in writing regarding the outcome of the review.

A summative rating of Unsatisfactory will be reviewed by the Evaluation Committee.

7.18 Peer Coach

A Peer Coach will be assigned to assist any tenured bargaining unit member who receives a Summative Rating of “Needs Improvement.”

To qualify as a Peer Coach, the bargaining unit member must have received at minimum of 4 consecutive “Excellent” Summative Ratings on their own evaluations and must have completed the Evaluator Training and Certification process.

The role of the Peer Coach is to assist with the implementation of the Professional Development Plan developed by the evaluator and the bargaining unit member under evaluation.

Assuming the Peer Coach will work an average of one (1) additional hour per week, they will be paid a stipend equal to 36 hours at Pay Rate 4 (9.8.4).

The position of Peer Coach will be posted per this Agreement.

7.19 Evaluation Committee

An Evaluation Committee consisting of the following members is to be selected by the Board and the Association respectively:

• Superintendent or designee, Co-Chair
• Three (3) Administrators selected by the Superintendent
• One (1) Elementary Administrator
• One (1) Junior High/Middle School Administrator
• One (1) High School Administrator
• President of the Association or designee, Co-Chair
• One (1) Elementary Bargaining Unit Member
• One (1) Junior High/Middle School Bargaining Unit Member
• One (1) High School Bargaining Unit Member
• One (1) Special Education Bargaining Unit Member
• One (1) Area Bargaining Unit Member
• One (1) Type 73 Bargaining Unit Member

The Evaluation Committee will meet as necessary but not less than quarterly. It is the intention of the Parties that the Evaluation Committee shall make recommendations annually to the Association and to the Board regarding the process to be used for evaluation of the bargaining unit members.

It is further understood that, if necessary, any recommended change to the evaluation process adopted by the Board would be agreed to in a letter of understanding during the period covered by the existing contract.

The Evaluation Committee shall annually review the evaluation instrument and make recommendations to the Administration of any changes in the District evaluation instrument.

7.20 School Code

The Parties acknowledge that this procedure set forth in this article pertains to the evaluation of bargaining unit members holding a Professional Educator License.

Nothing herein shall be construed as prohibiting or limiting the normal day-to-day observation and evaluation of a bargaining unit member’s general performance as a District employee, nor shall it hinder or limit the right of the Board to terminate the employment of a bargaining unit member under the applicable provisions of the Illinois School Code.

Article 8: Bargaining Unit Member Termination

8.1

As per the Illinois School Code and Illinois Compiled Statutes.

Article 9: Compensation and Fringe Benefits

9.1 Salary Schedule

The salary schedule shall be set forth in Schedule A, which is attached hereto and incorporated into this Agreement. For the term of this Agreement, any new bargaining unit member shall be placed on Schedule A at either the probationary step if they have no prior experience or the appropriate step if they have prior experience (see Salary Schedule Placement LOU), and shall remain on that step until they enter into contractual continued service, at which time they shall move the number of steps they would have moved during the probationary period.

9.1.1    Mid-Year Contract Revisions

A bargaining unit member who earns credit which allows a mid-year horizontal move on the salary schedule shall be placed on the same vertical step as indicated on the most recent bargaining agreement and shall be paid on that step for the balance of the semester.

9.2 Payroll Installments

Each bargaining unit member shall be paid by direct deposit. Payments will be made on the basis of twenty-four (24) equal payments on the fifteenth (15th) and thirtieth (30th) of each month (September-August). Special payroll will be included at least monthly, and clearly indicated on the statement rather than paid by special payroll check.

9.3 Pay Advance

Newly hired bargaining unit members with a start date no later than August 25th will have the option to receive a $1,000 advance payment on August 30th. The advance will be recouped from the bargaining unit member through a salary reduction by the Board in equal installments over the following eight (8) pay periods beginning September 15th. The Association acknowledges the advance is for the benefit of newly hired bargaining unit members under Section 9 under the Wage Payment and Collection Act.

9.4 Retirement

9.4.1    Retirement Incentive

The retirement incentive provided for in this Section is for the duration of this Agreement only, and applies only to an eligible any bargaining unit member who submits an irrevocable notice of retirement during the term of the Agreement.

Eligibility

Any bargaining unit member that meets all of the following criteria shall be eligible for the retirement incentive provided in this Section:

1. the bargaining unit member will have completed ten (10) school years or more of Illinois Teacher’s Retirement System (“TRS”) creditable service with the District;
2. the bargaining unit member will be eligible to retire under TRS with or without a discounted annuity at the end of the retirement incentive period below;
3. the bargaining unit member’s retirement will not result in an additional TRS employer contribution to the District; and
4. the bargaining unit member submits to the Board by May 1st prior to the school year the bargaining unit member is first eligible to retire under TRS without a discounted annuity, an irrevocable notice of retirement electing to receive the retirement incentive beginning the next school year.

Incentive

The Board shall pay an eligible bargaining unit member under this Section a six percent (6%) retirement incentive, inclusive of any other increase in compensation, for each of their remaining years of service, up to a total of three (3) years.

The six percent retirement incentive shall be calculated based upon the bargaining unit member’s previous year’s combined total salary, including, but not limited to, base salary, Schedule B stipends, longevity, mentoring, and supplemental pay rate compensation (e.g. internal substitution, principal’s temporary substitute), provided, however, that the bargaining unit member continues to perform the duties attributable to the assignment included in the combined total salary during the retirement incentive period. Any decrease in assignments from the previous year that is voluntary or due to the expiration of the assignment (e.g. task force work) will cause a decrease below the 6% incentive amount of compensation for the Schedule B or supplemental assignment. Bargaining unit members will be expected to work the same number of hours or days for supplemental assignments worked in the previous years (e.g. internal substitution, principal’s temporary substitute, contract extension) that are offered by the Administration. The Administration will discuss supplemental assignments available to the bargaining unit member when a supplemental assignment has expired.

Release from Irrevocable Notice of Retirement

Upon occurrence of a life-changing event: e.g. death of spouse, divorce, grave illness of a child, etc., the prospective retiree may petition the Board to be release from the bargaining unit member’s retirement resignation.

Contractual Salary in Lieu of Incentive

This retirement incentive shall not be available to any bargaining unit member whose retirement would give rise to an additional TRS employer contribution by the Board. In the event a bargaining unit member’s contractual salary, independent of a retirement incentive, would be more than a six percent (6%) increase during the retirement incentive period, the bargaining unit member will receive the contractual salary and no retirement incentive.

9.4.2    Grant of Additional Sick Leave Days

The Parties recognize that there may be circumstances under which a lump sum grant of additional sick leave days in order to qualify a bargaining unit member for additional credited service recognizable by TRS may be in the best interests of not only the bargaining unit member but also the District. Consequently, the Association and the Administration shall identify those bargaining unit members qualified to retire under the early retirement option who might upon a grant of lump sum sick leave achieve sufficient years of credited service to avoid an early retirement option penalty. The Parties shall then analyze whether or not the payment required of the District by reason of making a grant of additional sick leave days beyond the normal annual allocation would exceed the penalty to be incurred by the District by reason of a bargaining unit member taking advantage of the early retirement option. Should TRS confirm that the ERO penalty would exceed the additional payment required of the District by reason of the grant of sick leave, the District shall grant such additional days of sick leave as would qualify the bargaining unit member for retirement without the imposition of an ERO penalty upon either the bargaining unit member or the District.

9.5 Licensed School Nurses

A school nurse with a Professional Educator License and endorsement in school nursing employed directly by the District shall be placed on the salary schedule and will be accorded existing rights given by the Illinois School Code.

9.6 Health Insurance

The Board shall contribute an amount to the Insurance Fund for each individual bargaining unit member toward insurance benefits. This contribution shall be reduced pro rata for any bargaining unit member who is employed less than full time. The Association shall be allowed an opportunity at new-hire paperwork sessions to discuss with bargaining unit members the matter of waiving individual health insurance coverage. The form to be used by a bargaining unit member to waive health insurance coverage shall be jointly agreed to by the Parties. The District and the Insurance Committee will continue to explore options to allow bargaining unit members access to alternative benefits.

The Board shall pay the following amounts toward individual premium cost per month for each bargaining unit member:

• For the insurance year July 1, 2023 through June 30, 2024, $725.
• For the insurance year July 1, 2024 through June 30 2025, $765.
• For the insurance year July 1, 2025 through June 30, 2026, $805.
• For the insurance year July 1, 2026 through June 30, 2027, $845.

It is the intent of the Parties that the full monthly individual premium cost during the term of this Agreement will be covered by Board contributions, utilizing the contributions outlined above and, if necessary, a small portion of previous Board contributions currently in the fund reserves. The amount the Board shall contribute in the future shall be determined through collective negotiations.

Moneys paid into the Insurance Fund shall first be used to offset the cost of individual coverage for plan participants. Any surplus contribution the Board makes shall be added to the Insurance Fund reserve. In no event shall the Board’s contribution relieve bargaining unit members of responsibility for dependent coverage.

An Insurance Committee will be co-chaired by the Association president or designee and a District administrator. The Insurance Committee will consist of the two co-chairs and:

• (7) UFEA bargaining unit members appointed by the Association
• (2) UFSPA bargaining unit members appointed by UFSPA
• (2) Administrators
• (1) additional employee representing other employee groups
• (1) retiree; the retiree shall be chosen by the retirees participating in the plan, pursuant to an election administered by the Administration

All Insurance Committee members shall be currently enrolled in the District health insurance plan. The co-chairs of the Insurance Committee will be responsible for scheduling meetings and preparing written information for the meetings.

The Insurance Committee will meet as necessary, but at least quarterly. The Insurance Committee will:

• Provide regular and timely communication to participants
• Monitor the Insurance Fund and the reserve balance so as to maintain a healthy fund balance of between 3 and 6 months of claims costs
• Recommend reductions or enhancements to the benefit structure based on industry standards, actuarial data, plan performance, claims history, the status of the Insurance Fund balance and other relevant data
• Consult with experts as needed and periodically participate with the District in rebidding of the Insurance plan
• Have access to all information and data needed to carry out their responsibilities, including master policies, benefit documents, claim procedures and experience, etc.
• Consider all options which are in the best interest of the plan, taking into account, without limitation, benefit designs and options, cost savings, cost containment options, managed care, preventative and wellness programs and the like
• Consider modifications of the benefits currently in effect, selection of insurance and stop-loss reinsurance carriers, selection of third party administrators, selection of managed care networks and brokers, management of accumulated reserves, selection of the funding mechanism for coverage (i.e. fully funded conventional, self-funded, etc.), establishment of premium levels for single and dependent coverage
• Educate plan participants concerning the Insurance Plan and the options and alternatives available to each participant

The Insurance Committee shall have authority to establish the benefit level, within the parameters set forth above. The Parties agree that any other change recommended by the Insurance Committee is subject to approval by the Parties.

9.6.1    Term Life Insurance

The Board shall provide individual premium cost per month per bargaining unit member to cover the cost of a term life insurance policy that is equal to the bargaining unit member’s annual base salary, rounded up to the nearest $1,000, but no less than $50,000.

9.7 Travel Pay and Time Allowance

9.7.1

All bargaining unit members shall be reimbursed for travel expense at the current Internal Revenue Service rate for all approved mileage necessary to perform their assigned duties.

9.7.2

All bargaining unit members required to travel between buildings during the regular work day shall be allowed adequate time to relocate and travel safely. Bargaining unit members will be allowed at least the amount of time indicated on the Travel Time and Mileage chart in Appendix E to travel from one building to another. The Superintendent or designee and the Association president or designee shall, at the beginning of each school year, review the time demands for travel. A bargaining unit member may request a schedule review by the Superintendent or designee and Association president or designee during the first fifteen (15) school days of each semester or after any schedule change. Adjustments will be made for special assignments. Such travel time shall not be counted as either duty-free lunch or planning time.

9.8 Supplemental Pay Rates

Extra duties that appear on Schedule B will be added to the bargaining unit member’s salary and shall be paid in equal installments each pay period. See Section 6.6.2.1 for posting requirements for Schedule B vacancies. Extra duties that appear in Section 9.8, Supplemental Pay Rates, shall be paid after completion of the assignment as a part of special payroll. Bargaining unit members will be notified, preferably in writing, about opportunities for extra duty assignments shown below. Written notification is not required for Contract Extension – Pay Rate 6.

9.8.1    Supervision – Pay Rate 1

A bargaining unit member who voluntarily accepts an hourly assignment regarding the supervision of students attending events sponsored by the district which occur outside of the regular work day shall be compensated at the hourly rate listed below as Pay Rate 1. Examples of such work are event chaperone, pep bus monitor, and after-school intramural program supervisor.

9.8.2    In-Service Participation – Pay Rate 2

A bargaining unit member who participates in a district-sponsored in-service offered through the Professional Development Academy shall receive Board credit on the salary schedule based on one-half (1/2) hour of credit for each six (6) hours of in-service participation. In lieu of such salary schedule credit, a bargaining unit member may choose to be compensated at the stipend rate listed below as Pay Rate 2. At the time of enrollment for a particular in-service opportunity, a bargaining unit member shall designate the method of compensation to be awarded on a form provided by the district.

In-service may at times be provided using a “blended learning environment” model, utilizing face to face, virtual guided, and/or self-directed professional development delivery methods. This model will allow employees to complete professional development through the use of the bargaining unit member’s contractually required flex time with no additional compensation to the employee. In the event sessions require time that takes place outside the regular work day, said employees will receive credit on the salary schedule or be compensated at the stipend rate listed below as Pay Rate 2.

9.8.3    Internal Substitution – Pay Rate 3

A bargaining unit member who is requested by the Administration to substitute for another certified bargaining unit member due to a lack of a regular substitute being hired and accepts such duty shall be compensated at the rate listed below as Pay Rate 3.

9.8.4    Curriculum Work/Supplemental Instruction – Pay Rate 4

A bargaining unit member who voluntarily accepts an hourly assignment to produce curriculum related materials which benefit the district or to provide supplemental instruction to students outside of the regular workday, such as driver’s education, shall be compensated at the rate listed below as Pay Rate 4. It is understood that for each one-hour of instruction there will be twenty (20) minutes of paid plan time.

9.8.5    Clubs – Pay Rate 5

A bargaining unit member who accepts a leadership role as a sponsor of a club approved by Administration shall be compensated at the rate listed below as Pay Rate 5.

9.8.6    Contract Extension – Pay Rate 6

A bargaining unit member who voluntarily accepts an extended assignment requiring work to be performed beyond the regular 180-day work-year shall be compensated at the rate listed below as Pay Rate 6. It is understood that such work is determined to be necessary to the district and is essentially either an extension of the bargaining unit member’s regular duties or is, by its nature, work that requires the application of unique skills and expertise which must be performed by the bargaining unit member accepting the additional work opportunity.

Notwithstanding any other provisions herein, the District reserves the right to determine how many days beyond the regular 180-day work year shall be required. Bargaining unit members shall be advised of the number of extended work days to be available following the end of the school year no later than December 1st of that school year and the number extended work days to be available prior to the beginning of the next school year no later than May 1st of the preceding school year.

If a bargaining unit member is advised that no additional workdays will be available to accomplish work that is determined to be necessary by the District, they may choose to work with their administrator to select a flexible work schedule that will allow for work to be completed before and/or after the regular 180-day work year, while not extending the bargaining unit member’s work year beyond 180 days.

9.8.7    Principal’s Temporary Substitute – Pay Rate 7

On occasions when a principal must be out of the building, the duties of a principal may be undertaken temporarily by bargaining unit members. The position of “Principal’s Temporary Substitute” will be posted in each building at the beginning of the school year so that all interested bargaining unit members may apply. When the need arises, Principal’s Temporary Substitutes will be selected from the pool of applicants. Preference will be given to bargaining unit members with a Professional Educator License with an administrative endorsement or individuals working on that endorsement.

9.8.8    Professional Development Instruction or Training – Pay Rate 8

A bargaining unit member who delivers training or instruction to other staff outside of the school day will be compensated at the rate listed below as Pay Rate 8. If the preparation for the training is part of their regular work day, the bargaining unit member will be paid only for the actual instruction time. If the preparation is not part of their regular work day, the bargaining unit member will be paid for the instruction time and for two hours of preparation time for each one hour of instruction. It is understood bargaining unit members providing such training and instruction may be expected to complete paperwork and other related responsibilities when providing such training and instruction, such as:

• provide instruction to the participants for the full number of hours indicated
• make sure participants sign in each time they arrive at a class
• provide paperwork and sign-in sheets as necessary to the District
• distribute evaluation forms to participants during the last 15 minutes of the class or training
• complete all necessary paperwork and return them to the District

Training or instruction may at times be provided using a “blended learning environment” model, utilizing face to face, virtual guided, and/or self-directed delivery methods often using technology. This model allows employees to complete professional development through the use of the bargaining unit member’s contractually required flex time with no additional compensation to the employee who participates in the training or instruction. In the event the Administration approves in advance the creation or delivery of the training, instruction or professional development outside the regular work day, those employees creating or delivering the training or instruction will be compensated at the rate listed below as Pay Rate 8 for the number of hours approved by the Administration.

9.8.9    Required Professional Training – Pay Rate 9

A bargaining unit member required by the Administration to attend professional training in order to teach a course or subject (e.g. AP course, Technology or Computer Science aligned with Project Lead the Way) will be compensated at the rate listed below as Pay Rate 9 per hour up to eight hours per day.

9.8.10    Supplemental Pay Rates

The following rates shall be applicable for the term of the Agreement. Multipliers are calculated on the “base” pay, or Lane 1, Step 1 of Schedule A.

Pay Rate
Purpose
Amount

Pay Rate 1
Supervision
.0006 of base per hour

Pay Rate 2
Professional Development
.00065 of base per hour

Pay Rate 3
Internal Substitution
.0009 of base per period at the Middle School and High School and .00045 of the base per 25-minute increment at the Elementary School

Pay Rate 4
Curriculum Work/Supplemental Instruction
.0009 of base per hour

Pay Rate 5
Clubs
.0053 of base per club per year

Pay Rate 6
Contract Extension
Per Diem (1/180^th of Schedule A Salary)

Pay Rate 7
Principal Temporary Substitute
.0030 of base per day

Pay Rate 8
Professional Development Instruction/Training
.00075 of base per hour

Pay Rate 9
Required Professional Training
.00095 of base per hour

9.8.11  Release of Supplemental Assignment

The Parties acknowledge that Schedule B assignments are at-will. However, without changing said at-will employment status, the Board agrees the Schedule B form developed by the Schedule B Committee and attached hereto as Appendix F will be used by the building administration. If a bargaining unit member wishes to be relieved of a Schedule B assignment, said member shall make a written request. Upon receipt of said request, the building administrator shall begin the posting process as outlined in Section 6.6.2.1 within seven (7) days.

Members on Sabbatical for Recipients of Distinguished Educational Award will also be on leave from their Schedule B assignment and will be returned to the same Schedule B assignment that was held by the bargaining unit member prior to the leave, provided that position still exists.

9.9 Pro-rated Benefits

Benefits for each part-time bargaining unit member who becomes less than half-time shall be on a pro-rated basis.

9.10 Benefits

The Parties agree that any benefits relating to wages, hours, or conditions of employment as set forth in this Agreement which are enlarged as the result of enactment of statutes by the General Assembly of Illinois shall be incorporated into this Agreement, provided, however, that in a similar manner the Board shall receive the benefit in any agreement if any benefits as provided in this Agreement are diminished by the enactment of statutes by the General Assembly of Illinois. This provision applies to those benefits which have been mandated by the General Assembly of Illinois, and nothing herein shall require the Parties to incorporate any benefits which have been made optional by statute.

Article 10: Leaves

10.1 Paid Leaves

10.1.1 Sick Leave

Each bargaining unit member shall be granted the following sick leave days, prorated for part-time bargaining unit members, which shall entitle the bargaining unit member to be absent for reasons as defined below without loss of pay. Unused sick leave days shall accumulate and may be used for appropriate causes as needed up to the accumulated amount. Each bargaining unit member shall be granted sick leave days each year as follows:

Years of consecutive full-time employment completed with the District | Sick leave days

• Nine (9) years or less | Twelve (12)
• Ten (10) to nineteen (19) years | Fourteen (14)
• Twenty (20) years or more | Sixteen (16)

Sick leave shall be interpreted to mean personal illness, mental or behavioral health complications, quarantine at home, or serious illness or death in the immediate family or household. The immediate family for the purpose of this article shall include parents, legal guardians, children, spouse, partner to a civil union, brothers, sisters, grandparents, great grandparents, grandchildren, parents-in-law, daughters-in-law, sons-in-law, brothers-in-law, sisters-in-law, grandparents-in-law, great-grandparents-in-law, aunts, uncles, and all step relatives in the aforementioned relationships.

The Board may require a certificate from a physician licensed in Illinois to practice medicine and surgery in all its branches, a mental health professional licensed in Illinois providing ongoing care or treatment to the teacher or employee, a chiropractic physician licensed under the Medical Practice Act of 1987, a licensed advanced practice registered nurse, or a licensed physician assistant as proof of illness or fitness to resume duties after any absence. If the Board does require a certificate as the basis for pay during a leave of less than three (3) days, the Board shall pay from District funds the expenses incurred by the bargaining unit member in obtaining the required certificate.

The Board or appropriate administrator shall furnish each bargaining unit member, within thirty (30) days of the commencement of school, a written statement setting forth the total sick leave credit.

10.1.1a Sick Leave Bank

Once per school year each member of the bargaining unit may voluntarily transfer one (1) day of accumulated sick leave to a Sick Leave Bank. Bargaining unit members who begin employment after the start of the school year have up to ten (10) working days to voluntarily transfer one (1) day of their sick leave allowance to the Sick Leave Bank. Sick Leave Bank allowance will be prorated (using established practice of pro-ration-allowance (30) / days in school year (180) x working days) to reflect the number of days of Sick Leave Bank a late starting bargaining unit member may use in that school year.

Any bargaining unit member who contributes to the Sick Leave Bank, who exhausts their accumulated sick leave, and who is absent for more than three (3) consecutive work days with their own illness or disability, or whose spouse, party to a civil union, or child has entered hospice care, may apply for the use of days from this Sick Leave Bank. Any bargaining unit member meeting the above criteria who has submitted an irrevocable letter of retirement and who has received Board approval for retirement may access the sick leave bank prior to exhausting their own sick leave. Use of these days must be during the year the bargaining unit member contributes to the bank.

A Sick Leave Bank request will be forwarded to the president of the Association who will approve or deny the request and then forward the request to the Administration for approval. Such request must be accompanied by a certificate from a physician licensed in Illinois to practice medicine and surgery in all its branches, a mental health professional licensed in Illinois providing ongoing care or treatment to the teacher or employee, a chiropractic physician licensed under the Medical Practice Act of 1987, a licensed advanced practice registered nurse, or a licensed physician assistant. If the request for use of days from the Sick Leave Bank is approved, the day(s) granted will be applied retroactively to include the three (3) days preceding the request.

Members of the bargaining unit will be allowed to use up to thirty (30) days from the Sick Leave Bank at any one time. After a member has exhausted the thirty (30) days, in cases of catastrophic illness, the bargaining unit member may request up to thirty (30) more days. A member must give a reason for the additional request of sick bank days and provide an updated physician’s note, and additional days will be approved or denied by a committee consisting of the Superintendent or designee and the Association president or designee.

If there are any unused days in this Sick Leave Bank at the end of the school year, they will be carried over into the next school year.

The Sick Leave Bank database will be maintained cooperatively between the parties. The information will be shared between the Parties and the official copy will be housed at the district office.

10.1.1b Use of Sick Leave for Birth, Adoption, Placement for Adoption, or Acceptance of a Child in Need of Foster Care

Sick leave shall also be interpreted to mean birth, adoption, placement for adoption, or the acceptance of a child in need of foster care.

Bargaining unit members may use up to thirty (30) consecutive days of their own accumulated sick leave for the birth of a child even if such absence is not related to the need to recover from childbirth. Such use of sick leave for the birth of a child does not require medical certification and may be used at any time within the 12-month period following the birth, and may not be diminished as a result of any intervening period of nonworking days or school not being in session, such as for summer, winter, or spring break and holidays.

Bargaining unit members may use up to thirty (30) days of their own accumulated sick leave for adoption, placement for adoption, or the acceptance of a child in need of foster care. The Board may require a bargaining unit member to provide documentation that the formal adoption or foster care process is underway. Such use of sick leave need not be used consecutively once the formal adoption process or the formal foster care process is underway, and such sick leave may be used for reasons related to the formal adoption process or the formal foster care process prior to taking custody of the child or accepting the child in need of foster care, in addition to using such sick leave upon taking custody of the child or accepting the child in need of foster care.

The bargaining unit member will not be allowed to use medical leave for the purposes as described above.

10.1.1c Procedure for Use of Sick Leave for Less than One-Half the Normal Scheduled Work Day

Bargaining unit members should make arrangements outside the normal scheduled workday for medical appointments whenever possible. Covering an assignment during such absence may be difficult in some situations, and in some cases it may be necessary to employ an external substitute. Since external substitutes are usually employed for a half-day minimum, it may be necessary for a bargaining unit member to take a one-half (1/2) day of sick leave for such absence. Sick leave or absences for medical appointments of less than one-half (1/2) the normal scheduled workday shall be handled as follows:

• The building principal or designee may grant permission for a bargaining unit member to leave the building for a period of time which is less than one-half (1/2) the normal scheduled workday, but in increments of no less than fifteen (15) minutes, for sick leave or medical appointments as described in 10.1.1.
• Such time away from the building must be recorded by the bargaining unit member.

10.1.1d Unused Sick Leave Per School Year

Bargaining unit members who use less than one full day of sick leave in any given school year shall be given the option of having one (1) additional day added to their accumulated sick leave or receiving a stipend of $100.

10.1.2 Personal Leave

Each bargaining unit member shall be granted two (2) days annually for personal leave. Such days may be granted as either full or half-days. Unused personal leave will be added to a bargaining unit member’s accumulated personal leave and/or sick leave at the end of each school year. Bargaining unit members may not accumulate a total of more than four (4) personal days.

Personal leave days may not be taken the first five (5) or last five (5) days of the school year, the day before or after an extended break (Thanksgiving, Winter and Spring), or on parent/teacher conference days. A forty-eight (48) hour advance written notice should be given to the building principal when taking a personal leave day except in emergency situations. No reason other than “personal” is to be given when taking a personal leave day.

In the months of April, May and June, no more than three (3) bargaining unit members or five percent (5%) of the homebased staff per building, whichever is greater, may be absent on any given day (including restrictions above) due to personal leave.

It is understood that the prohibitions and conditions of personal leave use do not apply in instances of personal leave day requests for religious purposes. Leave without pay may be granted by the building administrator. Unless circumstances warrant, leave without pay should not be requested immediately prior to or immediately following a holiday or vacation. A bargaining unit member granted a leave without pay shall have their pay reduced at a per diem rate based on the number of days paid in the current contract year. See the appropriate Board Policy for further clarification.

An exception to the prohibited personal leave days set forth above may be granted by a decision of the Superintendent or designee in consultation with the Association president or designee. Exceptions will be granted on rare occasions based upon the following guidelines:

1. the request must be submitted in writing to the Director of Human Resources at least ten (10) calendar days before the date the bargaining unit member wants to use a personal day
2. the written request must set forth the reason the exception
3. the request must be for a significant once-in-life time event for which the bargaining unit member has no control over the scheduling
4. no request will be approved for vacation or recreational purposes
5. the request shall be approved or denied at the discretion of the Superintendent or designee in consultation with the Association president or designee. The decision shall be final and will not be subject to the Grievance process outlined in this Agreement.

10.1.3 Professional Leave

A bargaining unit member may request professional leave day(s) for professional development activities. The bargaining unit member shall request professional leave in writing at least one (1) week prior to the day of the requested absence. The Superintendent or designee will approve or deny such requests.

10.1.4 Association Leave

The Association president shall be released from all normal duties relative to their bargaining unit position, and Schedule B duties as per the by-laws of the Association. Other designees of the Association president may be released for an aggregate total of forty (40) days. The Association shall reimburse the District for the cost of substitutes for the designees.

In the case of the Association president, however, the Association shall reimburse the District the actual cost of replacement, not to exceed the amount found at Step 5 of that lane of the salary schedule appropriate for the replacement. The Association will make two payments to the District to cover the cost of the president’s salary – one payment for half the amount on October 15 and a second payment for the remainder on May 1.

Following service as president, the bargaining unit member shall be reinstated to the same position and duties, including Schedule B assignments, as held before being released from duties, providing that the position(s) continues to be authorized.

10.1.5 Leave for Additional Education

A maximum of two (2) bargaining unit members per year may be allowed a leave under the following conditions:

• The bargaining unit member has been actively employed by the District for seven (7) consecutive years in a full-time capacity.
• A leave will consist of twelve (12) months, and a member granted such leave will be entitled to one-half pay based on the salary of the nine (9) month bargaining unit member during the year of the leave. This is to be one-half (1/2) of the bargaining unit member’s base salary and does not include any special increments.
• To qualify for a leave, a bargaining unit member must have earned a master’s degree on personal time and effort or must have earned the approximate equivalent of an advanced certificate.
• Health insurance and major medical benefits may be purchased by the bargaining unit member during the leave at the group rate.
• A member granted a year’s leave of absence must return and work for two (2) additional years in the District or refund the leave pay to the Board.
• A member granted a leave will return to the District in a vacancy available at that time and at the salary listed in the salary schedule.
• A bargaining unit member will remain an employee of the District and may remain a member of the Association by submitting dues directly to the Association while on this leave.

10.1.6 Sabbatical for Recipients of Distinguished Educational Award

Any bargaining unit member who is the recipient of a Golden Apple Award or such other educational award which in the judgment of the Superintendent is of similar distinction may as an alternative to the “Leave for Additional Education” provided in section 10.1.5 of the Negotiated Contract be allowed a leave to pursue additional educational opportunities afforded to the bargaining unit member as part of the award, subject to the following conditions:

• The leave will consist of one (1) semester, during which time the bargaining unit member will continue to receive their base salary, not including any special increments.
• To qualify for the leave, the additional educational opportunities afforded to the bargaining unit member must be part of the award.
• Health insurance and major medical benefits will be provided to the bargaining unit member during the leave
• After the leave, the bargaining unit member must return and work for two (2) additional years in the District or refund the leave pay to the Board.
• After the leave, the bargaining unit member will be returned to the same position that was held by the bargaining unit member prior to the leave, provided that position still exists. If the position held by the bargaining unit member prior to the leave no longer exists after the leave (e.g. a grade level section has been cut), the Board will make every effort to return the bargaining unit member to a position similar to the position held by the bargaining unit member prior to the leave.
• A bargaining unit member will remain an employee of the District and may remain a member of the Association by submitting dues directly to the Association while on this leave.

10.1.7 Bereavement Leave

A bereavement leave will be granted which would allow a bargaining unit member to be absent for up to three days to deal with funeral matters of the immediate family as defined in 10.1.1. These days will not be charged against the bargaining unit member’s sick leave allotment.

10.1.8 Emergency Leave

Members of the bargaining unit may request up to fifteen (15) days of emergency leave to accommodate extreme situations even if personal leave has not been exhausted and other leaves do not apply. A member must give a reason for the request, and such leave will be approved or denied by a committee consisting of the Superintendent or designee, principal of the building from which the request was made, and the president of the Association or designee.

10.2 Unpaid Leaves

Short descriptions of leaves may be found on the Leave Summary (see Appendix C). This summary shall not be grieved and is included in this Agreement strictly for informational purposes. Unpaid leaves of absence shall not exceed two (2) years for any one (1) bargaining unit member.

At the expiration of the leave period the Board will make every effort to offer the bargaining unit member the same or similar position as that which was held prior to the leave of absence. A bargaining unit member must work at least ninety (90) school days or one semester, whichever is less, in one (1) school year to receive experience credit for that year on the salary schedule. A bargaining unit member on leave for a full school year shall not advance on the salary schedule while on leave; however, upon return the bargaining unit member shall advance appropriately on the salary schedule.

10.2.1 Medical Leave

Each full-time bargaining unit member shall be entitled to ten (10) days medical leave annually.

Bargaining unit members employed for more than the regular nine (9) months of school shall be entitled to extra days of medical leave based upon one (1) day for every additional month or major fraction thereof.

Unused days of medical leave shall accumulate up to a maximum of one hundred twenty (120) days usable in any one (1) year for nine (9) month bargaining unit members and a proportionate increase for extended contracts.

Medical leave may only be used for personal illness and is not granted for any other reason.

Medical leave may only be used at such time as accumulated sick leave has been exhausted.

The Board may require a certificate from a physician licensed in Illinois to practice medicine and surgery in all its branches, a mental health professional licensed in Illinois providing ongoing care or treatment to the teacher or employee, a chiropractic physician licensed under the Medical Practice Act of 1987, a licensed advanced practice registered nurse, or a licensed physician assistant as proof of illness or fitness to resume duties after any absence.

During a leave for personal illness in any bargaining unit member’s contract year, the medical leave days the bargaining unit member would otherwise be entitled to for that year will not be affected.

During the period of time a bargaining unit member is utilizing medical leave benefits, the Board will maintain the health insurance coverage for said member, if allowable by the insurer.

Medical leave is terminated on the last day of each bargaining unit member’s contract year, and such termination shall not affect the accumulated total of medical leave.

A bargaining unit member will remain an employee of the District while on this leave.

10.2.2 Leave for Personal Illness

The decision to grant a leave for personal illness for any length of time shall only be made by the Board.

A request for a leave for personal illness should be made of the Board prior to such time as accumulated medical leave has expired and the request should be accompanied by a doctor’s certificate as proof of disability.

The beginning date of a leave for personal illness is the first working day the bargaining unit member is absent for illness, after all sick and medical leave days are exhausted.

When granted a personal illness leave, the Board will maintain the health insurance coverage for said bargaining unit member through the month following the date of the beginning of such leave and/or according to provisions set forth in the Family and Medical Leave Act of 1993. Coverage beyond the Board’s contribution will be an option of the bargaining unit member by remitting the premium on a monthly basis; however, the last day of coverage will not be extended beyond the last day the bargaining unit member is considered employed by the Board, unless the bargaining unit member is eligible for coverage as a retiree.

Leave for personal illness will be terminated on the last day of each bargaining unit member’s contract year. Such termination shall not affect the accumulated total of medical leave.

A bargaining unit member will remain an employee of the District and may remain a member of the Association by submitting dues directly to the Association while on this leave.

10.2.3 Family Hardship Leave

The Board may grant a bargaining unit member a leave of absence without pay for a specified period of time with a two (2) school year maximum. In no instance shall this leave be granted unless the Board determines that a suitable replacement can be hired.

A bargaining unit member shall not be eligible for sick leave pay during the period of a family hardship leave, nor will a member be eligible for hardship leave if the bargaining unit member has applied for or used sick leave, medical leave, and/or personal illness leave in reference to the reason that hardship leave is being requested.

All benefits available to a bargaining unit member shall be suspended during a family hardship leave unless otherwise allowed according to provisions set forth in the Family and Medical Leave Act of 1993. The bargaining unit member may maintain membership in the group health insurance program during the leave by remitting in advance payments of all premiums due. These payments shall be made to the District.

A bargaining unit member will retain tenure status during a family hardship leave of absence. A non-tenure bargaining unit member who is granted a family hardship leave will be considered as having continuous employment interrupted and, therefore, shall continue in a probationary status until the requirements outlined in the Contractual Continued Service section of the Illinois School Code are met.

A bargaining unit member granted a family hardship leave of absence shall be required to notify the secretary of the Board in writing stating whether or not said bargaining unit member requests to return to their position. For bargaining unit members on a leave during the second semester, the request to return must be received by the secretary of the Board on or before February 1. Failure of the bargaining unit member to make proper notification by February 1 will terminate that person’s further employment in the District.

At the expiration of the leave period the bargaining unit member shall be placed in an available position for which the bargaining unit member is qualified to fill, except in case of reduction in force of staff that could affect reemployment of staff on leave. Should the Board determine not to place the bargaining unit member in the same or similar position held prior to the leave of absence, the Administration shall notify the Association President and discuss the considerations for not placing the bargaining unit member in the same or similar position. A bargaining unit member must work at least ninety (90) school days in one school year or one semester, whichever is less, to receive experience credit for that year on the salary schedule. A bargaining unit member on leave for a full school year shall not advance on the salary schedule while on leave; however, upon return the bargaining unit member shall advance appropriately on the salary schedule.

A bargaining unit member will remain an employee of the District and may remain a member of the Association by submitting dues directly to the Association while on this leave.

10.2.4 Parental Leave

The Board may grant a bargaining unit member a parental leave without pay for a specified period of time with a two (2) school year maximum.

All benefits available to a member shall be suspended during a parental leave unless otherwise allowed according to provisions set forth in the Family and Medical Leave Act of 1993, and the bargaining unit member shall not advance on the salary schedule for the year(s) in which the leave is taken. The bargaining unit member may maintain membership in the group health insurance program during the leave by remitting in advance payments of all premiums due. These payments shall be made to the District.

A bargaining unit member granted a parental leave of absence shall be required to notify the secretary of the Board in writing stating whether or not said bargaining unit member requests to return to their position. For bargaining unit members on a leave during the second semester, the request to return must be received by the secretary of the Board on or before February 1. Failure of the bargaining unit member to make proper notification by February 1 will terminate that person’s further employment in the District.

A bargaining unit member will retain tenure status during a parental leave of absence. A non-tenure bargaining unit member who is granted a parental leave will be considered as having continuous employment interrupted and, therefore, shall continue in a probationary status until the requirements outlined in the Contractual Continued Service section of the Illinois School Code are met.

At the expiration of the leave period the bargaining unit member shall be placed in an available position for which the bargaining unit member is qualified to fill, except in case of reduction in force of staff that could affect reemployment of staff on leave. Should the Board determine not to place the bargaining unit member in the same or similar position held prior to the leave of absence, the Administration shall notify the Association President and discuss the considerations for not placing the bargaining unit member in the same or similar position. A bargaining unit member must work at least ninety (90) school days or one semester, whichever is less, in one (1) school year to receive experience credit for that year on the salary schedule. A bargaining unit member on leave for a full school year shall not advance on the salary schedule while on leave; however, upon return the bargaining unit member shall advance appropriately on the salary schedule.

A bargaining unit member will remain an employee of the District and may remain a member of the Association by submitting dues directly to the Association while on this leave.

10.2.5 Planned Extended Leave

The Board may grant a bargaining unit member a leave of absence for a specified period of time with a two (2) school year maximum.

Requests for leaves must be made in writing at least thirty (30) calendar days before the leave would begin. Leaves will not be granted to allow employment in another school district or teaching at an educational institution. A specific reason for the leave must be given. Tenured status shall not be impaired by virtue of the leave. A bargaining unit member will not receive experience credit for the year of the leave. Tuition waivers may be granted to a bargaining unit member on such a leave. Health insurance and major medical benefits (if allowable by the insurer) may be purchased by the bargaining unit member during the leave at the group rate.

Upon completion of the leave, the bargaining unit member shall be placed in an available position which the bargaining unit member is qualified to fill, except in case of reduction in force of staff that could affect reemployment of staff on leave.

A tenured bargaining unit member granted a planned extended leave of absence will be required to notify the secretary of the Board in writing stating whether or not said tenured bargaining unit member requests to return to their position for the next school term. This request must be received on or before February 1. Failure of the bargaining unit member to make proper notification by February 1 will terminate further employment in the District.

A bargaining unit member will remain an employee of the District and may remain a member of the Association by submitting dues directly to the Association while on this leave.

10.3 Military Leave

The District will comply with the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the Illinois Service Member Employment and Reemployment Rights Act (“ISERRA”), 330 ILCS 61/1-1 et seq., and Section 10-20.7b of the Illinois School Code (105 ILCS 5/10-20.7b), as amended from time to time.

A bargaining unit member who is a “service member” as defined in ISERRA, is entitled to military leave while performing “active service”.

During such leaves, the bargaining unit member’s seniority, tenure track, and other benefits shall continue to accrue. A bargaining unit member who is absent on military leave shall, minimally, for the period of military leave, be credited with the average of the performance ratings or evaluations received for the 3 years immediately before the absence for military leave. Additionally, the rating shall not be less than the rating that the bargaining unit member received for the rated period immediately prior to absence on military leave.

During periods of military leave for annual training, the bargaining unit member shall continue to receive full compensation (i.e. concurrent compensation) for up to 30 days per calendar year.

During periods of military leave for active service, public employees shall receive differential compensation subject to the following:

1. Differential compensation for voluntary active service is limited to 60 work days in a calendar year.
2. Differential compensation shall not be paid for active service without pay.
3. Bargaining unit members who have exhausted concurrent compensation for annual training in a calendar year shall receive differential compensation when authorized in the same calendar year.

At the expiration of the leave period, the bargaining unit member shall be placed in an available position for which the bargaining unit member is qualified to fill, except in case of reduction in force of staff that could affect reemployment of staff on leave. Should the Board determine not to place the bargaining unit member in the same or similar position held prior to the leave of absence, the Administration shall notify the Association President and discuss the considerations for not placing the bargaining unit member in the same or similar position.

A bargaining unit member will remain an employee of the District and may remain a member of the Association by submitting dues directly to the Association while on this leave.

Article 11: Effect of Agreement

11.1 Complete Understanding

The terms and conditions set forth in this Agreement represent the full and complete understanding between the Parties. The terms and conditions may be modified only through the written mutual consent of the Parties.

11.2 Individual Contracts

The terms and conditions of this Agreement shall be reflected in individual contracts or employment agreements.

11.3 Savings Clause

Should any article, section, or clause of this Agreement be declared illegal by a court of competent jurisdiction, then that article, section, or clause shall be deleted from this Agreement to the extent that it violates the law. The remaining articles, sections, and clauses shall remain in full force and effect.

11.4 Duplication of Agreement

Within thirty (30) calendar days after ratification by both Parties, the Board shall make available a clean copy of the Agreement and post the Agreement to the District website.

11.5 Term of Agreement

Following ratification of this Agreement by the members of the Association and final approval by the Board, this Agreement shall be effective the first day of the 2023-2024 school year and shall continue in effect until the last day prior to the first day of student attendance of the 2027-2028 school year.