mea cba 2014

Collective Bargaining Agreement

between the

Marysville Education Association

and

Marysville School District

2012-13

Marysville 2012-13 Collective Bargaining Agreement

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TABLE OF CONTENTS

Page ARTICLE I --- RECOGNITION AND AGREEMENT

Section 1.1: Certificated Recognition Statement--------------------------------------------------------- 1 A. Recognition---------------------------------------------------------------------- 1 B. Status of Substitutes------------------------------------------------------------ 1 C. Notification of New Positions------------------------------------------------ 1 Section 1.2: Definitions---------------------------------------------------------------------------------------- 2

ARTICLE II --- SUBSTITUTE EMPLOYEES

Section 2.1: General Provisions------------------------------------------------------------------------------ 3 A. Notice to the Association------------------------------------------------------ 3 B. Status of Substitutes------------------------------------------------------------ 3 Section 2.2: Non-continuing Long-term Substitutes’ Wages, Hours and Working Conditions 3 Section 2.3: Daily Substitutes Wages, Hours and Working Conditions----------------------------- 3 A. Compensation------------------------------------------------------------------- 3 B. Other Applicable Contract Provisions--------------------------------------- 4 C. District Clock Hour Classes--------------------------------------------------- 4

ARTICLE III --- EMPLOYER RIGHTS

Section 3.1: District Rights------------------------------------------------------------------------------------ 5 Section 3.2: No Strike------------------------------------------------------------------------------------------ 5

ARTICLE IV --- ASSOCIATION RIGHTS

Section 4.1: Dues and Agency Shop------------------------------------------------------------------------- 6 A. Exclusive Right----------------------------------------------------------------- 6

B. Notice of Amounts-------------------------------------------------------------- 6 C. Continuous Membership------------------------------------------------------- 6 D. New Enrollment----------------------------------------------------------------- 6 E. Association Prerogatives------------------------------------------------------- 6 F. Cancellation of Dues----------------------------------------------------------- 7 G. Remission to WEA------------------------------------------------------------- 7 H. Representation Fee------------------------------------------------------------- 7 I. Bona Fide Religious Objection----------------------------------------------- 7 J. Hold Harmless------------------------------------------------------------------ 8 Section 4.2: Association Responsibilities----------------------------------------------------------------------- 8 Section 4.3: Membership Communication-------------------------------------------------------------------- 8 Section 4.4: Availability of Information----------------------------------------------------------------------- 8 Section 4.5: Consultation------------------------------------------------------------------------------------------ 8 A. President and Superintendent------------------------------------------------- 8 B. Principals and Building Representatives------------------------------------ 9 C. Labor Management Committee----------------------------------------------- 9 Section 4.6: Association President’s Release Time----------------------------------------------------------- 9 Section 4.7: Association Leave----------------------------------------------------------------------------------- 9 Section 4.8: Released Time--------------------------------------------------------------------------------------- 9 Section 4.9 Access-------------------------------------------------------------------------------------------------- 9 Section 4.10 Equipment and Facilities Use--------------------------------------------------------------------- 10


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ARTICLE V --- EMPLOYEE RIGHTS

Section 5.1: Individual Rights-------------------------------------------------------------------------------- 11 Section 5.2: Academic Freedom----------------------------------------------------------------------------- 11 A. Basic Principles----------------------------------------------------------------- 11 B. Controversial Issues------------------------------------------------------------ 11 C. Citizen Complaint Procedure-------------------------------------------------- 11 1. Notification to Employee-------------------------------------------- 11 2. Initial Process---------------------------------------------------------- 12 3. Completion of Process----------------------------------------------- 12 4. Implementation of Decision and Employee Right of Appeal--- 12 Section 5.3: Personnel File------------------------------------------------------------------------------------ 12 A. File and Right to Review------------------------------------------------------ 12 B. Notification and Right to Review--------------------------------------------- 12 C. Derogatory Material------------------------------------------------------------ 12 D. Supervisor’s Working File----------------------------------------------------- 13 Section 5.4: Employee Protection---------------------------------------------------------------------------- 13 A. District Liability Insurance---------------------------------------------------- 13 B. Personal Property--------------------------------------------------------------- 13 C. Absence Due to Injury on Job------------------------------------------------- 13 D. Medical Procedures------------------------------------------------------------- 14 Section 5.5: Safe Working Conditions---------------------------------------------------------------------- 14 A. Compliance with Law---------------------------------------------------------- 14 B. General Employee Protection------------------------------------------------- 14 C. Inappropriate Behavior Directed toward Employees---------------------- 14 Section 5.6: Facilities------------------------------------------------------------------------------------------- 14 Section 5.7: Student Discipline------------------------------------------------------------------------------- 15 A. Employee Responsibility and Right to Discipline-------------------------- 15 B. Written Building Guidelines and Procedures for Annual Review------- 15 C. Board and Administration Support------------------------------------------- 15 D. Student Offenses---------------------------------------------------------------- 15 E. Notification Right – Certain Offenses--------------------------------------- 15 F. Disruption of Class or Activity----------------------------------------------- 16 G. Discipline of Special Education Students----------------------------------- 16 H. Right to Defend Self or Others------------------------------------------------ 16 I. Timely Administrative Response--------------------------------------------- 16 J. Right to Recommend Suspension or Expulsion---------------------------- 16 K. Association Representation – Student Discipline Hearings--------------- 17 Section 5.8: Student Grading--------------------------------------------------------------------------------- 17 Section 5.9: Building Visitors--------------------------------------------------------------------------------- 17 Section 5.10: Individual Employee Contracts-------------------------------------------------------------- 17 A. Basic Contract------------------------------------------------------------------- 17 B. Release from Contract---------------------------------------------------------- 17 C. Supplemental Contract--------------------------------------------------------- 18 1. Issuance of Supplemental Contracts------------------------------- 18 2. Posting of Supplemental Contract Positions--------------------- 18 3. Payments under a Supplemental Contract------------------------ 18 D. Contract for Additional Days------------------------------------------------- 18 1. Positions with Additional Days------------------------------------ 18 2. Other Positions and Additional Days------------------------------ 19 3. Pay for Additional Days-------------------------------------------- 19 Section 5.11: Assignment, Transfer and Vacancy--------------------------------------------------------- 19 A. Definitions----------------------------------------------------------------------- 19 B. General Provisions-------------------------------------------------------------- 19 C. Postings-------------------------------------------------------------------------- 20 D. Assignment/Reassignment----------------------------------------------------- 20


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E. Voluntary Transfer------------------------------------------------------------- 21 F. Involuntary Transfer------------------------------------------------------------ 21 G. District Assistance for Transfers---------------------------------------------- 22 Section 5.12 Employee Discipline (Just Cause)------------------------------------------------------------ 22 A. Just Cause------------------------------------------------------------------------ 22 B. Grounds for Discipline--------------------------------------------------------- 22 C. Progressive Discipline--------------------------------------------------------- 22 D. Notice and Investigation------------------------------------------------------- 22 1. Initial Notice and Decision to Investigate------------------------- 22 2. Employee Interview During Investigation------------------------ 23 3. Right to Respond to Complete Investigative Record------------ 23 4. Right to Attach Statement------------------------------------------- 23 5. Personnel File--------------------------------------------------------- 23 E. Representation------------------------------------------------------------------- 23 F. Letters of Clarification--------------------------------------------------------- 23 G. Administrative Leave---------------------------------------------------------- 24

ARTICLE VI --- LEAVES

Section 6.1: Annual Leave for Illness, Injury and Emergency-------------------------------------------- 25 A. Annual Allowance-------------------------------------------------------------- 25 B. Paid Leave----------------------------------------------------------------------- 25 C. Return to Employment with District----------------------------------------- 25 D. Annual Accounting------------------------------------------------------------- 25 E. Absence beyond Accumulated Annual Leave------------------------------ 25 F. Special Provisions Applicable to Personal Illness or Injury-------------- 25 G. Special Provisions Applicable to Emergency Leave----------------------- 26 1. Business--------------------------------------------------------------- 26 2. Injury or Illness in the Family-------------------------------------- 26 3. Childbirth------------------------------------------------------------- 26 4. Subpoena-------------------------------------------------------------- 26 5. Adoption-------------------------------------------------------------- 26 6. Domestic Violence--------------------------------------------------- 27 H. Cash Out------------------------------------------------------------------------- 27 I. Leave Sharing------------------------------------------------------------------- 28 Section 6.2: Bereavement Leave--------------------------------------------------------------------------------- 28 A. Basic Allowance---------------------------------------------------------------- 28 B. If Travel a Factor--------------------------------------------------------------- 28 C. Additional Bereavement Leave----------------------------------------------- 29 Section 6.3: Personal Leave--------------------------------------------------------------------------------------- 29 A. Basic Allowance---------------------------------------------------------------- 29 B. Limitations----------------------------------------------------------------------- 29 C. Cash Out and Carry Over------------------------------------------------------ 29 Section 6.4: Maternity Leave------------------------------------------------------------------------------------- 30 A. Application for Leave---------------------------------------------------------- 30 B. Duration of Leave--------------------------------------------------------------- 30 C. Application for Reinstatement------------------------------------------------ 30 D. Contractual Status-------------------------------------------------------------- 30 Section 6.5: Parental Leave--------------------------------------------------------------------------------------- 30 Section 6.6: Disability Leave------------------------------------------------------------------------------------- 31 A. Application for Leave---------------------------------------------------------- 31 B. Duration of Leave--------------------------------------------------------------- 31 C. Application for Reinstatement------------------------------------------------ 31 D. Contractual Status-------------------------------------------------------------- 31


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Section 6.7: Family Medical Leave------------------------------------------------------------------------------ 31 Section 6.8: Professional Improvement Leave---------------------------------------------------------------- 32 A. For Enhancing Skills----------------------------------------------------------- 32 B. For Professional Office-------------------------------------------------------- 32 Section 6.9: District Discretionary Leave---------------------------------------------------------------------- 32 Section 6.10: Governmental Leave------------------------------------------------------------------------------- 32 Section 6.11: Sabbatical Leave------------------------------------------------------------------------------------ 33 A. Limitations----------------------------------------------------------------------- 33 B. Duration-------------------------------------------------------------------------- 33 C. Prior Years of Service---------------------------------------------------------- 33 D. Application---------------------------------------------------------------------- 33 E. Selection------------------------------------------------------------------------- 33 F. Limitation on Other Compensation------------------------------------------ 33 G. Compensation and Return to Employment---------------------------------- 33 H. Obligation to Report------------------------------------------------------------ 34 Section 6.12: Military Leave----------------------------------------------------------------------------------- 34 Section 6.13: Jury Leave---------------------------------------------------------------------------------------- 34 Section 6.14: Professional Leave------------------------------------------------------------------------------ 35

ARTICLE VII --- COMPENSATION AND BENEFITS

Section 7.1 Regular Salary Schedule----------------------------------------------------------------------- 36 A. Compliance---------------------------------------------------------------------- 36 B. Salary Schedule----------------------------------------------------------------- 36 C. Mid Year Adjustments--------------------------------------------------------- 36 Section 7.2 TRI Salary Schedule---------------------------------------------------------------------------- 36 A. Mandatory Time---------------------------------------------------------------- 36 B. Professional Responsibility---------------------------------------------------- 36 C. Supplemental Contract--------------------------------------------------------- 38 D. Verification---------------------------------------------------------------------- 38 E. Compensation------------------------------------------------------------------- 38 F. Payment-------------------------------------------------------------------------- 38 Section 7.3 Salary Schedule Provisions------------------------------------------------------------------- 38 A. General--------------------------------------------------------------------------- 38 B. Experience Guidelines--------------------------------------------------------- 38 1. General---------------------------------------------------------------- 38 2. Grandfathered Experience------------------------------------------ 39 3. Non-school ESA Experience--------------------------------------- 39 C. Education Guidelines----------------------------------------------------------- 39 1. General---------------------------------------------------------------- 39 2. Upper Division Credit Requirement------------------------------- 39 3. Accredited Institution Requirement------------------------------- 39 4. Course Content Criteria--------------------------------------------- 40 5. Community College Credits---------------------------------------- 40 6. Professional Credits------------------------------------------------- 40 7. Professional Certification------------------------------------------- 41 D. Special Provisions – Non-degreed Vocational Instructors---------------- 41 1. Initial Placement----------------------------------------------------- 41 2. Schedule Advancement--------------------------------------------- 41 3. Attainment of Bachelors or Masters Degree--------------------- 42 4. Grandfather Provision----------------------------------------------- 42 Section 7.4 Payment Provisions----------------------------------------------------------------------------- 42 A. Paydays--------------------------------------------------------------------------- 42 B. Direct Deposit------------------------------------------------------------------- 42 C. Correction of Errors------------------------------------------------------------ 42


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Section 7.5 Insurance Benefits------------------------------------------------------------------------------ 43 A. Eligibility and Enrollment----------------------------------------------------- 43 B. Creation of Benefit Pool and Allowed Amount---------------------------- 43 C. Contribution to Insurance Plans---------------------------------------------- 43 D. Basic Benefit Plans-------------------------------------------------------------- 43 1. Dental Plan------------------------------------------------------------- 43 2. Long Term Disability Plan------------------------------------------ 43 3. Vision or Life Plan---------------------------------------------------- 43 4. Medical Plan----------------------------------------------------------- 44 E. Distribution of Excess Funds-------------------------------------------------- 45 F. Flexible Pay Plan--------------------------------------------------------------- 45 G. Approved Insurance Programs – Definition-------------------------------- 45 H. When Husband and Wife Both Employed---------------------------------- 45 I Changes in Employee Selection of Plans------------------------------------ 46 M. Conformance with Law-------------------------------------------------------- 46 N. Retirement Subsidy to HCA--------------------------------------------------- 46 O. Additional Optional Plans----------------------------------------------------- 46 Section 7.6 Payroll Deductions------------------------------------------------------------------------------ 46 Section 7.7 Co-curricular Activities Pay Schedule------------------------------------------------------ 47 Section 7.8 Extra Services Rate of Pay-------------------------------------------------------------------- 47 Section 7.9 Travel---------------------------------------------------------------------------------------------- 47 Section 7.10 Tuition Reimbursement------------------------------------------------------------------------ 47 A. Basic Allowance---------------------------------------------------------------- 47 B. When Funds may be Accessed------------------------------------------------ 48 C. Unused Funds Pooled---------------------------------------------------------- 48 D. National Board Certification Support------------------------------------- 48 E. Clock Hour Fees---------------------------------------------------------------- 49 Section 7.11 Supplies and Materials------------------------------------------------------------------------- 49 A. Basic Provisions---------------------------------------------------------------- 49 B. Teachers New to Profession--------------------------------------------------- 49 Section 7.12 Program Support-------------------------------------------------------------------------------- 49 A. Program Support Pool---------------------------------------------------------- 49 1. Purpose---------------------------------------------------------------- 49 2. Pool of Money Available------------------------------------------- 49 3. Decision-making Process------------------------------------------- 50 B. Program Support Positions---------------------------------------------------- 50 1. Compensation-------------------------------------------------------- 50 2. Selection--------------------------------------------------------------- 50

ARTICLE VIII --- MISCELLANEOUS WORKING CONDITIONS

Section 8.1: Contract Year------------------------------------------------------------------------------------- 51 A. Regular Contract Year---------------------------------------------------------- 51 B. First-Year Teacher In-service-------------------------------------------------- 51 C. Learning Improvement Days-------------------------------------------------- 51 E. Calendar--------------------------------------------------------------------------- 51 1. Make-up of Non-student Staff Only Days------------------------ 51 2. Report Periods--------------------------------------------------------- 51 3. Perpetual Calendar--------------------------------------------------- 52 4. Other Required or Optional Work Days-------------------------- 52 5. Reopening------------------------------------------------------------- 52 6. Early Release and Late Start---------------------------------------- 52 Section 8.2: Workday------------------------------------------------------------------------------------------- 53 A. Length of Day------------------------------------------------------------------- 53


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B. Planning Time---------------------------------------------------------------- 53 1. Secondary Level------------------------------------------------------ 53 2. Elementary Level---------------------------------------------------- 53 3. Time for Special Education Compliance------------------------- 54 4. Use of Planning Time----------------------------------------------- 54 5. Posting of Planning Time------------------------------------------- 54 6. Adding Teaching Section During Planning Time--------------- 54 C. Release Time Provisions------------------------------------------------------- 54 1. Early Release and Late Start Days--------------------------------- 54 2. For Conferences------------------------------------------------------ 55 3. For Planning and Grade Report Preparation--------------------- 55 D. Job Sharing Responsibilities-------------------------------------------------- 55 E. Report Time (Inclement Weather) 55 Section 8.3 Course Preparations-------------------------------------------------------------------------------- 56 Section 8.4 Split Classes------------------------------------------------------------------------------------------ 56 Section 8.5 Covering Classes------------------------------------------------------------------------------------ 56 A. Secondary Employees---------------------------------------------------------- 56 B. Elementary Employees--------------------------------------------------------- 56 C. If Assigned Away from Normal Duties-------------------------------------- 56 D. Coverage for Administrator Absence---------------------------------------- 57 Section 8.6 Duty Supervision------------------------------------------------------------------------------------ 57 Section 8.7 Class Load Assistance Program – General Education-------------------------------------- 57 A. Relief Unit Defined------------------------------------------------------------- 57 B. Ownership/Possession of the Equipment------------------------------------ 57 C. Calculation of Overload in Special Cases----------------------------------- 58 1. Team Teaching------------------------------------------------------- 58 2. Multi-age/multiple Grade Classes---------------------------------- 58 D. Important Dates for Calculating Overload---------------------------------- 58 E. Student Count------------------------------------------------------------------- 58 F. Requests for Overload Relief------------------------------------------------- 59 G. Purchase Orders----------------------------------------------------------------- 59 H. Maximum Case Loads---------------------------------------------------------- 59 I. Relief Assistance---------------------------------------------------------------- 59 1. Elementary------------------------------------------------------------ 59 2. Secondary (Regular Classes)---------------------------------------- 59 a. Total Daily Loads---------------------------------------------- 60 b. Individual Class Sizes------------------------------------------ 60 3. Secondary (PE, Music/Band)--------------------------------------- 60 J. Elementary Specialists--------------------------------------------------------- 60 K. Exceptions----------------------------------------------------------------------- 61 L. Para Assistant Time------------------------------------------------------------ 61 M. Allocation of Resources------------------------------------------------------- 61 N. Special Education Students and Inclusion----------------------------------- 61 1. Staff Development--------------------------------------------------- 61 2. Assignment of Special Education Students----------------------- 61 3. Role of General Education Teacher------------------------------- 61 4. Notification and Receiving of Special Education Students---- 62 5. Discipline of Special Education Students------------------------- 62 O. Overload of Special Needs Students (Not limited to special education- 62 Students) in Regular Classrooms P. Grade 9-12 Science Classes--------------------------------------------------- 63 Q. Cap on Overload Assistance-------------------------------------------------- 63 Section 8.8 Case Load Responsibility for Special Education Staff, SLPs, OT’s, and PT’s--------- 63 A. District Support and Expectations-------------------------------------------- 63 B. Special Ed Caseloads & Overload Relief----------------------------------- 63 C. If Less than Full Time----------------------------------------------------------- 65


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D. Additional Compensation------------------------------------------------------ 65 E. Use of Para Professionals------------------------------------------------------ 66 F. Itinerant Special Ed Staff------------------------------------------------------- 66 G. Determination of Staffing------------------------------------------------------ 66 H. Coverage of Provider Caseloads-Teacher on Leave-Unfilled Position 66 I. Permanent Substitute Pool------------------------------------------------------ 66 J. Time for Special Education Compliance----------------------------------- 66 K. Low Incidence Staffing--------------------------------------------------------- 67 L. Mentoring and Inservice-------------------------------------------------------- 67 Section 8.9 Assistance for Non-compliant Students-------------------------------------------------------- 67 Section 8.10 Substitute Requests--------------------------------------------------------------------------------- 68 Section 8.11 Librarians-------------------------------------------------------------------------------------------- 68 A. Conferences---------------------------------------------------------------------- 68 B. Formula for Additional Resources for Elementary Libraries------------- 68 Section 8.12: Reading Teachers/Coaches------------------------------------------------------------------------ 68 Section 8.13 Counselors-------------------------------------------------------------------------------------------- 69 Section 8.14 Psychologists----------------------------------------------------------------------------------------- 69 Section 8.15 Required District Assessment/Testing---------------------------------------------------------- 69 A. General--------------------------------------------------------------------------- 69 B. Current Required and Voluntary Standardized and Classroom-based Assessments--------------------------------------------------------------------- 69 C. Review through Labor Management Committee--------------------------- 70 D. Reopen for Bargaining--------------------------------------------------------- 70 Section 8.16 Professional Learning Communities------------------------------------------------------------ 70

ARTICLE IX --- EVALUATION

Section 9.1 General Provisions---------------------------------------------------------------------------------- 72 A. Copy of Procedures------------------------------------------------------------- 72 B. Orientation----------------------------------------------------------------------- 72 C. Evaluator------------------------------------------------------------------------- 72 D. Evaluation Processes to be Used---------------------------------------------- 72 Section 9.2 Regular (Long Form) Evaluation Process----------------------------------------------------- 72 A. Criteria and Indicators---------------------------------------------------------- 72 B. Observation Time--------------------------------------------------------------- 73 C. Formal Observation------------------------------------------------------------ 73 1. Pre Observation Conference---------------------------------------- 73 2. Minimum Time------------------------------------------------------- 73 3. Post Observation Conference--------------------------------------- 73 D. Observation Summaries-------------------------------------------------------- 73 E. Informal Observations--------------------------------------------------------- 73 F. Assignment Outside Area of Training/Endorsement----------------------- 73 G. Final Evaluation and Conference--------------------------------------------- 74 H. Prerequisite for Unsatisfactory Final Evaluation--------------------------- 74 I. Right of Employee to Respond----------------------------------------------- 74 J. Probation-------------------------------------------------------------------------- 74 1. Continuing Contract Employees---------------------------------- 74 2. Provisional Employees----------------------------------------------- 74 Section 9.3 Procedure for Probation--------------------------------------------------------------------------- 75 A. Length of Probationary Period------------------------------------------------ 75 B. Purpose of Probationary Period----------------------------------------------- 75 C. Evaluator and Employee Meetings------------------------------------------- 75 D. Additional Evaluators---------------------------------------------------------- 75 E. Outcome of Probation---------------------------------------------------------- 75 F. Option of Reassignment------------------------------------------------------- 75 Section 9.4 Short Form Process--------------------------------------------------------------------------------- 76


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A. Mutual Agreement Required-------------------------------------------------- 76 B. Notification---------------------------------------------------------------------- 76 C. Options--------------------------------------------------------------------------- 76 D. Parts of Regular Process Apply----------------------------------------------- 76 E. Restriction----------------------------------------------------------------------- 76 Section 9.5 Professional Growth Option---------------------------------------------------------------------- 77 A. Eligibility for Short Form Required------------------------------------------ 77 B. Purpose of Professional Growth Option------------------------------------- 77 C. Professional Growth Plan------------------------------------------------------ 77 D. Role of Supervisor-------------------------------------------------------------- 77 E. Ownership of Materials Developed------------------------------------------ 77 F. Restriction----------------------------------------------------------------------- 78 Section 9.6 Non-Renewal/Appeal Process-------------------------------------------------------------------- 78 Section 9.7 Reopener for Evaluation Forms----------------------------------------------------------------- 78 Section 9.8 Criteria for Evaluation of Certificated Classroom Teachers------------------------------ 78 Section 9.9 Criteria for Evaluation of Certificated Support Personnel-------------------------------- 81

ARTICLE X --- LAYOFF AND RECALL PROCEDURE FOR STAFF REDUCTION

Section 10.1 Reasons for Layoff---------------------------------------------------------------------------------- 84 Section 10.2 Procedures-------------------------------------------------------------------------------------------- 84 A. Determination of Vacant Position-------------------------------------------- 84 B. Certification and Endorsement------------------------------------------------ 84 C. Notification to Association---------------------------------------------------- 84 D. Seniority List-------------------------------------------------------------------- 84 E. Leaves of Absence-------------------------------------------------------------- 85 F. Employment Categories------------------------------------------------------- 85 1. Elementary Employees----------------------------------------------- 85 2. Secondary Employees------------------------------------------------ 85 3. Other Employees------------------------------------------------------ 85 4. TOSAs------------------------------------------------------------------ 86 5/ New Categories------------------------------------------------------- 86 G. Retention in Employment Categories---------------------------------------- 86 1. Current Category------------------------------------------------------ 86 2. Additional Categories------------------------------------------------ 86 H. Selection within Employment Categories----------------------------------- 86 1. Seniority Definition-------------------------------------------------- 87 2. Seniority List and Appeal-------------------------------------------- 87 3. Administrative Positions--------------------------------------------- 87 I. Action by Superintendent------------------------------------------------------ 87 J. Recall Procedures--------------------------------------------------------------- 87 1. Purpose----------------------------------------------------------------- 87 2. Benefits----------------------------------------------------------------- 88 3. Method of Recall------------------------------------------------------ 88 4. Employment Pool----------------------------------------------------- 88 5. Notification and Acceptance---------------------------------------- 88 6. Use of Substitutes----------------------------------------------------- 88

ARTICLE XI --- GRIEVANCE PROCEDURE

Section 11.1: Definitions-------------------------------------------------------------------------------------------- 89 A. Grievance------------------------------------------------------------------------- 89 B. Grievant--------------------------------------------------------------------------- 89 C. Days------------------------------------------------------------------------------- 89


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Section 11.2: General------------------------------------------------------------------------------------------------ 89 A. Informal Hearings--------------------------------------------------------------- 89 B. Timeliness------------------------------------------------------------------------ 89 C. Timeline for Initial Filing------------------------------------------------------ 89 D. Grievant’s Presence------------------------------------------------------------- 89 E. Cooperation and Information-------------------------------------------------- 90 F. Release Time--------------------------------------------------------------------- 90 G. No Reprisals and Separate Filing of Documents---------------------------- 90 H. Grievance Status when Contract Expires------------------------------------- 90 Section 11.3: Procedure--------------------------------------------------------------------------------------------- 90 A. Step 1------------------------------------------------------------------------------ 90 B. Step 2------------------------------------------------------------------------------ 90 C. Step 3------------------------------------------------------------------------------ 91

ARTICL XII – AFFIRMATIVE ACTION 92

ARTICLE XIII --- STATUS OF AGREEMENT AND DURATION

Section 13.1: Compliance of Agreement A. Relationship to Individual Contracts------------------------------------------ 93 B. Bargaining Completed before Issuance of Contracts----------------------- 93 Section 13.2: Conformity to Law---------------------------------------------------------------------------------- 93 Section 13.3: Distribution------------------------------------------------------------------------------------------- 93 Section 13.4: Forms--------------------------------------------------------------------------------------------------- 93 Section 13.5: Ratification and Mutual Consent----------------------------------------------------------------- 93 A. Ratification and Amendments------------------------------------------------- 93 B. When Effective------------------------------------------------------------------ 93 Section 13.6: Definition of Agreement---------------------------------------------------------------------------- 94 A. Opportunity to Bargain--------------------------------------------------------- 94 B. Status of Agreement------------------------------------------------------------- 94 C. Duration--------------------------------------------------------------------------- 94 D. Reopening------------------------------------------------------------------------ 94 1. Contingent Reopener-Compensation and Benefits--------------- 94 2. Legislatively Mandated Changes----------------------------------- 94 3. New Legislation------------------------------------------------------- 95 4. President’s Release Time-------------------------------------------- 95 5. Substitute Pay Rates-------------------------------------------------- 95 E. Negotiations of Successor Agreement---------------------------------------- 95 F. Contract Waiver----------------------------------------------------------------- 95 1. Who may Submit Waiver Request--------------------------------- 95 2. District and Association Agreement Required-------------------- 95 3. Form Required-------------------------------------------------------- 96 4. Submission of Form Prior to Vote---------------------------------- 96 5. Vote Requirement----------------------------------------------------- 96 6. What Request Must Include----------------------------------------- 96 7. Special Requirements-SLC Request and Section 8.2.B.1------- 96 8. Duration of Contract Waiver---------------------------------------- 97 9. Non Precedent Setting------------------------------------------------ 97 10. Waiver to be Addendum to Agreement---------------------------- 97 11. Forms------------------------------------------------------------------- 97


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EXECUTION OF AGREEMENT 98

APPENDICES

A SCHOOL CALENDARS: A-1 2012-13 School Calendar------------------------------------------------------- 99 B REGULAR SALARY SCHEDULES: B-1 2012-13 Regular Bachelor’s Schedule---------------------------------------- 100 B-2 2012-13 Regular Master’s Schedule------------------------------------------ 101 C TRI SCHEDULES: C-1 2012-13 TRI Bachelor’s Schedule-------------------------------------------- 102 C-2 2012-13 TRI Master’s Schedule----------------------------------------------- 103 D TRI SCHEDULE VERIFICATION FORM--------------------------------------------------- 104 E CO-CURRICULAR ACTIVITIES SCHEDULES E-1 2012-13 Student Activities Co-curricular Schedule------------------------ 106 F. ASSESSMENT TESTS F-1 Elementary Assessments------------------------------------------------------- 108 F-2 Secondary Assessments--------------------------------------------------------- 109 G CONTRACT WAIVER FORMS G-1 Contract Waiver Request Form (General Use)------------------------------ 110 G-2 SLC Contract Request Form (Specific Use)--------------------------------- 112 H GRIEVANCE FORMS H-1 Form A – Complaint by the Aggrieved-------------------------------------- 114 H-2 Form B – Decision by Immediate Supervisor------------------------------- 115 H-3 Form C – Decision by Superintendent---------------------------------------- 116 I EVALUATION FORMS I-1 Evaluation Selection Form----------------------------------------------------- 117 I-2 Classroom Teacher Formal Observation Pre-observation Conference Summary----------------------------------------------------------- 118 I-3 Classroom Teacher Observation Summary---------------------------------- 119 I-4 Support Personnel Observation Summary----------------------------------- 123 I-5 Classroom Teacher Evaluation Summary------------------------------------ 126 I-6 Support Personnel Evaluation Summary------------------------------------- 128 I-7 Classroom Teacher – Short Form/PGO Evaluation Summary------------ 130 I-8 Professional Growth Option – Intention to Participate--------------------- 131 J 10TH STREET WAIVER 132

MEMORANDUMS OF UNDERSTANDING Student Discipline--------------------------------------------------------------------------- 134 Evaluation Pilot------------------------------------------------------------------------------ 135


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ARTICLE I: RECOGNITION AND AGREEMENT Section 1.1: Certificated Recognition Statement A. Recognition

The Board of Directors of Marysville School District No. 25, Snohomish County, hereby recognizes Marysville Education Association as the employee organization and exclusive bargaining representative for the hereinafter described educational employees (hereinafter called "employees"), which employees shall constitute the bargaining unit, in accordance with, and not in expansion upon the Educational Employment Relations Act, to-wit: All educational employees as defined by said act, except:

1. The chief administrative officers, such as the superintendent, deputy superintendents,

administrative assistants, executive directors, and business managers;

2. All confidential employees; 3. All principals and assistant principals; 4. All supervisors, directors, and coordinators; and 5. All teacher aides or other employees who possess a certificate but whose employment or

continued employment does not require certification as outlined in rules of the State Board of Education and the State Superintendent of Public Instruction.

B. Status of Substitutes

Individuals who serve as substitutes for non-supervisory certificated staff shall be included in the bargaining unit to the following extent:

1. Daily substitutes who shall be defined as substitute certificated employees employed by the

District for more than thirty (30) days of work within the current or immediate preceding school year and who then continue to be available for employment as substitutes, and/or substitute certificated employees employed by the District where it is planned that a member of the bargaining unit will be absent from his or her regular assignment and will be replaced in such assignment for a period in excess of twenty (20) consecutive work days, and

2. Non-continuing long term substitutes who shall be defined as substitute certificated employees

employed by the District where it is anticipated that a member of the bargaining unit will be absent from his or her regular assignment and will be replaced in such assignment for a period of ninety (90) consecutive work days or more or for one (1) semester.

C. Notification of New Positions

The District will notify the Marysville Education Association of newly created certificated supervisory positions at the time such position(s) are posted so that prior to filling such position(s) discussion may take place regarding District interpretation of "exclusive from" or "inclusion in" the bargaining unit. It is understood that either party has the right to seek determination of "inclusion" or "exclusion" by the Public Employment Relations Commission, though this action shall not deny the Board the right to fill said position(s).


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Section 1.2: Definitions Unless the context in which they are used clearly requires otherwise, when used in this Agreement:

A. The term "Agreement" shall mean this entire document. B. The term "Association" shall mean the Marysville Education Association. C. The term "Board" shall mean the Board of Directors of the Marysville School District No. 25.

D. The term "District" shall mean the Marysville School District No. 25.

E. The term "WEA" shall mean the Washington Education Association.

F. The term "NEA" shall mean the National Education Association.

G. The term "teacher", "certificated personnel", "certificated employee", "educational employee", or

"employee" shall refer to all employees represented by the Association in the bargaining unit as defined in Article I, Section 1.

H. The term "days" shall mean calendar days unless otherwise specifically defined in this

Agreement. I. The term "Act" shall mean the Education Employment Relations Act, RCW 41.59. J. The term "year" shall mean "contract year" unless specified otherwise. K. The terms per diem pay/salary or per diem contract pay/salary shall refer to an employee's daily

pay based on the employee's placement on the regular salary schedule and shall not include supplemental contract pay such as, but not limited to, co-curricular pay or TRI pay.

Unless the context in which they are used clearly requires otherwise, words used in this contract denoting number include both the singular and plural, and words used in this contract denoting gender shall include both the feminine and masculine.


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ARTICLE II: SUBSTITUTE EMPLOYEES This article is intended to specify the wages, hours and working conditions of daily substitutes and non-continuing contract substitute employees. Section 2.1: General Provisions A. Notice to the Association

Prior to November 1, February 1 and May 1, the District shall provide the Association with a list of employees who have met the standards established in Article I, Section 1.1 for inclusion in the bargaining unit. Notification shall include the name and address of bargaining unit substitute employees.

B. Status of Substitutes Bargaining unit substitutes are not entitled to any continuing contract rights pursuant to the continuing contract law of the State of Washington.

Section 2.2: Non-continuing Long-term Substitutes' Wages, Hours and Working Conditions Non-continuing long-term substitutes shall be issued a non-continuing contract. Non-continuing long-term substitutes shall receive all rights and benefits of this Agreement. Section 2.3: Daily Substitutes' Wages, Hours and Working Conditions A. Compensation

1. Daily substitutes shall be paid a daily rate of $120 per day ($60.00 per half day) for the first 30 days in a school year or 20 consecutive days in the same assignment. Days worked beyond the first 30 days or 20 consecutive days in the same assignment will receive 1/182nd X Column 1, Step A-0 of the certificated salary schedule. Certificated employees who have retired from any school district in Washington State and who substitute in the District shall receive the higher rate described above without the necessity of qualifying by first working for 30 days. Through the LMC, either party to this Agreement shall have the right to reopen this paragraph for bargaining.

2. Daily substitutes shall be paid compensation for a whole day (7 1/2 hours) for any work equal to

more than half (3 3/4 hours) a work day or half day (3 3/4 hours) for any work equal to half (3 3/4 hours) a work day or less (except on early release days when they receive the half-day rate plus one hour).

3. If a daily substitute is called and reports to work but is not needed, said substitute shall be paid for

a half (3 3/4 hours) work day unless there is another assignment available and said substitute accepts that assignment. If said substitute does not accept the available assignment, no reporting fee is paid.

4. Long-term substitutes (those in a continuous assignment of 20 consecutive days or more) who are

called on to teach during their preparation period shall receive additional compensation to the same extent as provided in Section 8.5 of this Agreement.


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B. Other Applicable Contract Provisions

In addition to those wages, hours and working conditions expressly provided by this Article, other provisions of this Agreement shall apply to daily substitutes as provided below. Any Article or Section not listed shall not apply to daily substitutes.

Article I Recognition and Agreement

Article III Employer Rights

Article IV, Section 4.1 Dues and Agency Fees (MEA shall have the option whether to exercise the agency fee provisions) Article IV, Section 4.2 through 4.10

Various Associations Rights

Article V Employee Rights (except Sections 5.2, 5.3, 5.7A, 5.11 and 5.12 shall not apply) Article VII, Section 7. 4 Payment Provisions

Article VII, Section 7. 7 Co-curricular Activities Pay Schedule

Article VII, Section 7.8 Extra Services Rate of Pay

Article VII, Section 7.9 Travel

Article VIII, Section 8.2A Work Day

Article XII Affirmative Action

Article XIII Status of Agreement and Duration

C. District Clock Hour Classes

Substitutes will be eligible to take District clock hour classes, provided there is space available. Any fees shall be paid by the substitute.


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ARTICLE III: EMPLOYER RIGHTS Section 3.1: District Rights The management and conduct of the business of the District and the direction and assignment of all employees of the District are the exclusive right and responsibility of the Board of Directors except as modified by the express provisions of this Agreement. The Board of Directors shall have the right, subject to the terms of this Agreement, to hire, assign, and transfer the personnel of the District. The Board of Directors shall have the right to adopt necessary Board policies and necessary rules and regulations from time to time as it may deem necessary for the proper conduct of the business of the District, provided the same are not inconsistent with the terms of this Agreement. Section 3.2: No Strike During the life of this Agreement, the Association will not cause or permit its members to cause or take part in any strike, work stoppage or slowdown, or any curtailment of, or interference with, the activities and operations of the District.


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ARTICLE IV: ASSOCIATION RIGHTS Section 4.1: Dues and Agency Shop A. Exclusive Right

The Association shall have the exclusive right to have deducted from the salaries of its members, upon the member's initial authorization, the dues required for membership in the Association (including its state or national affiliates, and including deductions for any Association-connected political action committee). All dues will be collected in accordance with applicable state and federal laws.

B. Notice of Amounts

On or before September 10 of each school year, the Association shall give written notice to the District of the dollar amount of individual dues and assessments which dues and assessments are to be deducted in the coming school year under payroll deduction. The amounts for these deductions shall not be subject to change during the school year.

C. Continuous Membership

Members of the Association who had dues deductions made under the terms of the previous collective bargaining agreement shall continue to be members of the Association and have dues deducted, unless such individuals revoke membership. Deductions for such members shall be made in twelve (12) equal amounts from each paycheck beginning the pay period in September through the pay period in August of each year.

D. New Enrollment

1. Employees Hired by Start of Year

For employees hired by the start of the school year, the Association shall have thirty (30) days from the start of each school year to sign up new employees or employees not formerly members for payroll deduction of dues. This sign-up shall be done on a form approved by the District, which form shall authorize deduction of membership dues and assessments (including WEA, NEA, or any Association-connected political action committee). A copy of said form shall be provided to the District no later than October 1 of each school year. Deduction of such members' annual dues shall be made in either twelve (12) or eleven (11) equal amounts depending on whether authorization for such deductions are received by the District in time for the September or the October payroll.

2. Employees Hired after Start of Year

Employees who commence employment after the start of the school year shall have thirty (30) days to authorize payroll deduction for membership dues. Such teachers shall have their deductions prorated in one-twelfth (1/12) of the total annual amount for each month the teacher is employed. The form shall be approved by the District.

E. Association Prerogatives

The processes for membership authorization into the Association, WEA, NEA, or any Association-connected political action committee or for revocation of membership from same, as well as membership


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requirements in same, are prerogatives of these respective organizations, except as may be expressly limited by this Agreement and/or applicable law.

F. Cancellation of Dues

Authorizations for regular dues deductions shall continue in effect for the life of this Agreement unless a written request of revocation is submitted to the District and the Association, signed by the employee, and received between August 15 and September 15.

G. Remission to WEA

For all membership dues authorization described above, the District agrees to promptly remit directly to the Washington Education Association all monies to be deducted, accompanied by a list of employees from whom the deduction has been made. A duplicate list shall be promptly provided the Association as receipt for said transaction. On or before the monthly pay period, the District shall notify the Association of any changes in said list due to teachers entering or leaving the employment of the District.

Each month during the school year, the Association shall provide the District with the names of those teachers who have joined the Association and paid its dues and assessments by means other than through payroll deduction.

H. Representation Fee

1. Non-membership and Representation Fee

In the event that any employee fails to authorize dues deductions within the deadlines provided above or revokes membership in the Association, the District agrees to deduct from the salary of such employee a representation fee in an amount equal to membership dues and assessments (at the rate of 1/12 of such annual dues and assessments for each whole month the employee is not a member of the Association, not to include any Association-connected political action committee deductions). Employees who have joined the Association and paid by other means other than payroll deduction, as verified by the monthly Association list, shall not be subject to this deduction.

2. Transmission of Representation Fees

All representation fee deductions shall be handled and transmitted by the District in the same manner as membership deductions provided that the District shall clearly distinguish between those paying membership dues and those paying representation fees.

3. Challenges to Representation Fees

Any employee challenge to the payment of representation fees or as to the amount of said fees shall be handled in accordance with law and with the internal procedures of the Association.

I. Bona Fide Religious Objection

Employees have the right of non-association based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member. In the event that an employee has been determined to have a bona fide religious objection to the payment of a representation fee or agency shop, said employee shall pay an amount of money equivalent to regular dues and fees to a designated


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charitable organization as heretofore established by the employee and the Association. Determination of said right of non-association may be appealed to the PERC (Public Employees Relations Commission). The District agrees to remit to the Association each month a list of employees on behalf of whom charitable deductions have been made. Said list shall include the amount of the monthly deduction for each employee.

J. Hold Harmless

The Association will indemnify, defend and hold the District harmless against any claims made, and any suits or other legal proceedings instituted against the District on account of the dues deduction and/or agency shop provisions of this Agreement. The District and Association will mutually agree as to selection of an attorney. The Association will refund to employees any amount paid to it in error on account of the dues deduction authorization provisions. The District will notify the Association promptly in writing of any claim, demand, suit or other form of liability in regard to which it will seek to implement the provisions of this paragraph.

Section 4.2: Association Responsibilities The Association recognizes that the education of children shall be of the highest standards and the Association expects that its members shall conduct themselves in all aspects of their profession and employment in a proper manner, and the Association shall exert its best effort to police its membership and rectify any abuse. Section 4.3: Membership Communication The Association shall have the right to utilize a bulletin board, or if only one exists, a portion of that board, in each faculty lounge of each school in the District or place of reasonable access to teachers in the event faculty lounges are not in existence in a given school. Bulletins posted by the Association are the responsibility of the Association. The Association shall have the right to utilize employee mailboxes and the District’s e-mail system for membership communication. Such communication shall exclude local, State and National political campaign materials. Section 4.4: Availability of Information The District will comply with the law in making public records available to the Association. Such compliance would include making available copies of preliminary and final budgets, annual reports, financial statements, and other public documents. Also, should the Association request, enrollment and staffing summaries will be made available. An Association representative may meet with a District representative regarding budgetary matters as needed. In addition, the Association shall be provided a copy of the agenda for Board meetings as soon as available, including minutes of the previous Board meeting. The Association representative may obtain these at the Superintendent's office, usually the day prior to the meeting. Section 4.5: Consultation A. President and Superintendent

The Association President shall meet regularly with the Superintendent to discuss items of mutual concern and/or to discuss view of both parties regarding such matters that either party may feel to be appropriate.


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B. Principals and Building Representatives

Employees and/or Association building representatives are encouraged to discuss with building principals the administration of this Agreement and building practices should there appear to be misunderstanding. Should a difference of opinion remain, the matter may be a topic to be discussed by the Association President and the Superintendent at the next regularly scheduled meeting.

C. Labor Management Committee

The Superintendent and Association President shall each designate up to six (6) representatives to meet as a Labor Management Committee (LMC) periodically during the year. The facilitator for each meeting will alternate between a District and Association representative. Agendas for meetings shall be mutually agreed upon.

Section 4.6: Association President's Release Time The District agrees to release an elementary classroom teacher Association President from his/her regular assignment either half-time or full-time for the year, or other teacher Association President up to full-time for the year. Such release will be without loss of salary, salary advancement, seniority, or other rights accorded full-time employees, subject to the Association reimbursing the District the percentage of FTE for release time times the total cost of the President's salary and benefits. Unless otherwise mutually agreed by the Superintendent and MEA President, reimbursement shall be paid monthly, in advance, upon receipt of a billing by the District. This provision will be implemented at the Association's request and upon the Superintendent's receipt of written notice prior to June 1 of any term. Said notice shall specify the amount of release time to be used for the following year. The Association and the employee who is to be released will cooperate with the appropriate principal to insure continuity of the educational program. Section 4.7: Association Leave In recognition of the benefit to both parties, upon written request of the Association, the District shall grant employees leave of absence with pay, for the purpose of conducting Association business. The Association shall reimburse the District at the actual substitute rate of pay for any such leave, provided that when no substitute is available for an employee taking such leave and must be covered by other certificated employees, the amount of the Association reimbursement when such leaves occur before November 1 of each year shall be $120 and when after November 1, $180. The Association President shall submit such leave requests in writing to the Superintendent or designee. No more than eighty (80) Association leave days may be granted in any one year. No one person shall take more than fifteen (15) Association leave days in any one year. Any variance of the eighty (80) or fifteen (15) days must receive the approval of the Superintendent or designee. Section 4.8: Released Time When the District and the Association mutually agree there is a need to conduct bargaining or grievance activities during the school day, the District shall grant release time to the Association's bargaining team, grievant, representatives, and witnesses at no loss of pay. Section 4.9: Access Duly authorized representatives of the Association shall be permitted to transact official Association business on school property at all reasonable times provided that it does not interrupt normal school operations or assigned duties.


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Section 4.10: Equipment and Facilities Use The Association may use school office and library equipment normally available to employees after school hours, provided that such equipment shall not be removed from school property. The use shall be for internal Association business. School facilities may be used for Association meetings at reasonable times during non-duty hours provided that such meetings shall not interfere with the normal school operations.


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ARTICLE V: EMPLOYEE RIGHTS Section 5.1: Individual Rights There shall be no discrimination against any employee based upon gender, race, color, appearance, religion, ethnic or national origin, political beliefs, marital status, age, actual or perceived sexual orientation, socio-economic and family background, language, or physical or mental ability unless based upon bona fide occupational qualification. The Association and District shall cooperate to assure compliance with nondiscrimination laws and terms of this Agreement. The Association and the District agree that this Agreement will not directly or indirectly discourage, deprive, or coerce any employee to relinquish any rights conferred by the laws of the State of Washington and the Constitutions of the State of Washington and the United States. The District agrees that every employee shall have the right to freely organize, join, and support the Association for the purpose of engaging in collective bargaining and related activities. The District acknowledges the inherent right of the employee(s) to meet and consult with the Association on matters of concern. Section 5.2: Academic Freedom A. Basic Principles

Academic freedom is guaranteed, encouraged and promoted. Academic freedom is to operate within a teacher decision-making model that is based on informed professional judgment and within the following guidelines:

1. the curriculum as outlined in the courses of study as adopted by the District; 2. the adopted procedures for the selection of instructional materials; 3. accepted standards of professional responsibility; 4. a commitment to our democratic traditions; 5. a concern for the rights, welfare, growth and development of children; 6. an insistence upon objective scholarship; 7. a recognition of the maturity level of students; and 8. the Effective Teaching Framework when fully adopted.

B. Controversial Issues

The presentation and discussion of controversial issues in the classroom shall be on an informative basis and shall endeavor to develop in students a willingness to examine all sides of an issue before drawing inferences or conclusions. Employees shall insure that presentations and discussions are done in such a manner that gives due respect to one another's rights and opinions. Students will be encouraged to reach their own conclusions regarding controversial issues.

C Citizen Complaint Procedure:

1. Notification to Employee

When a complaint is received at the school the employee(s) should be notified of the complaint and its source.


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2. Initial Process

The employee or principal shall contact the complainant and if possible, resolve any misunderstanding. If the complainant requests withdrawal of the book or item, a copy of the Marysville School District form (Citizen's Request for Reconsideration of a Book or Instructional Material) shall be presented to the complainant with an explanation of the procedure for registering a complaint. If the issue relates to a challenge regarding the use of certain instructional material(s), instructional methods, or course content, no change normally shall be required in said use until the process herein has been utilized and a final decision made.

3. Completion of Process

If a request for reconsideration of instructional materials is completed by the complainant, the material in question shall be reviewed by the Instructional Materials and Curriculum Committee within fifteen (15) working days, or the Instructional Materials and Curriculum Committee may refer the challenged instructional material to appropriate area committee for evaluation. The Instructional Materials and Curriculum Committee shall make a recommendation within twenty (20) working days to the Superintendent. The Superintendent shall make a recommendation concerning the challenged materials to the Board for their decision. The notification of the decision shall be sent to the complainant within ten (10) days of Board action.

4. Implementation of Decision and Employee Right of Appeal

The staff shall take appropriate action to implement the decision of the Board of Directors. Affected employees reserve the right to appeal said decision through the grievance procedure.

Section 5.3: Personnel File A. File and Right to Review

Each employee shall have at the District Service Center a personnel file in which is filed those items pertinent to employment matters and employment history. The employee has the right to review the file and it will be an employee courtesy to make prior arrangement to do so.

B. Notification and Right to Respond

The employee shall be notified and receive a copy of any material at the time such material is placed in his/her personnel file. Should the employee so wish, a statement may be attached which speaks directly to any concern regarding that specific item.

C. Derogatory Material

No derogatory material, except for material that relates to student health and/or safety, shall remain in an employee's personnel file or supervising administrator’s working file (as defined below) for more than a combined total of three (3) years from the date of entry unless a continuation of the same type of problem is shown in the file within that three (3) year period. It will be the responsibility of the employee to request the removal of any such material.


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D. Supervisor’s Working File

Nothing in this section shall be interpreted to limit a supervising administrator's right to keep a paper or electronic employee working file which may contain such records as are necessary to meet said administrator's responsibilities. The following provisions shall apply to such working files:

1. Regarding complaints against an employee, see Section 5.12 (Employee Discipline, Just Cause)

of this Agreement.

2. An employee wishing to review the contents of a supervising administrator's working file may request, in writing, an appointment for that purpose. Upon request an employee will be given a copy of any documents contained in the working file.

3. With the exception of copies of evaluations, nothing will remain in paper or electronic working

files longer than three (3) years as per Article V, Section 5.3 C. Section 5.4: Employee Protection A. District Liability Insurance

The District will purchase liability insurance for the purpose of protecting employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties.

B. Personal Property

1. The insurance pool agrees, subject to the applicable District paid deductible ($1,000) to pay loss incurred by an employee who sustains unforeseen, unexpected, or unintended damage to or theft of personal property while the property is on District premises, is being used for purposes usual, customary, and incidental to the employee's job duties, and has been inventoried with the Risk Management office using District form PUR0018. A list of personal equipment must be submitted at the beginning of each school year. Claim benefits shall be based upon replacement cost. Criteria to place equipment on inventory must, under most circumstances, have a minimum value of $250 and/or serial number.

2. The District shall provide a secured area for storage of employee's personal belongings.

C. Absence Due to Injury on Job

Whenever an employee is absent from employment and unable to perform duties as a result of personal injury sustained in the course of employment, said employee shall be entitled to use accumulated sick leave. In the event the employee acquires Industrial Insurance Benefits in the form of time-loss payments, the employee shall have the option of having sick leave benefits provided on a pro rata basis so that the combination of time-loss payments and sick leave benefits will equal the employee's regular salary (under no combination of the above shall an employee be paid greater than his/her current salary amount), or said employee may choose to utilize full accumulated sick leave before accepting time-loss payments. Under the first option, deductions from accumulated sick leave will be made on the same pro rata basis. Upon exhaustion of sick leave, said teacher shall be entitled to leave without pay (except for any Worker's Compensation Award) for the balance of the school year, and then shall be entitled to return to service by the immediate beginning of the following school year.


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D. Medical Procedures

Teachers will not be required to perform medical procedures, as defined by State law. Section 5.5: Safe Working Conditions A. Compliance with Law

The District shall comply with state and federal laws pertaining to employee safety and health. Employees shall be expected to exercise reasonable care with respect to the safety and health of pupils and the safety of property.

B. General Employee Protection

Employees shall not be required to work under unsafe or hazardous conditions or to perform tasks which endanger their health, safety or well being according to standards established by state and federal guidelines.

C. Inappropriate Behavior Directed toward Employees

The District does not expect its employees to tolerate abusive, intimidating, threatening, or harassing behavior, whether in a verbal, written, or electronic form, from any student, parent, guardian, or other person. The District will support an employee faced with such behavior in at least, but not limited to, the following ways:

1. If such behavior is disruptive to the environment of the classroom or work area, the employee

may ask the individual to leave. If that person refuses, the employee has the right to contact an administrator, security or School Resource Officer (SRO) and ask to have the individual removed.

2. The District will support and assist an employee faced with such behavior if said employee

chooses to report the matter to proper law enforcement personnel who can investigate possible violations of state law, including, but not limited to, RCW 28A.635.

3. When an employee is faced with communication of an abusive, intimidating, threatening or

harassing nature, the employee is not obliged to respond directly to this communication. The employee shall inform the building administrator who will assist in resolving or responding to the issue.

4. The District will be responsible for providing a safe and secure working environment for all

employees and for taking action to stop any reported abusive, intimidating, threatening, or harassing behavior.

Section 5.6: Facilities As District space issues are resolved through the construction of facilities, employees shall be provided space to store instructional materials and supplies, a workroom to aid in preparation of instructional materials, an appropriate room to serve as a faculty lounge and a communications system between work stations and the principal's office.


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The District will provide each employee with a permanent work station, which minimally includes a desk and chair, adequate filing cabinets, computer and phone, a cabinet/closet that can be locked, and proper ventilation. If an employee’s permanent work station is not available during the employee’s prep times, the District will provide the employee with a work area during their prep times where students are typically not present, and that provides computer and telephone access, a desk and chair. Teachers who do not have a regularly assigned classroom and are asked to rove during the day between different classrooms will not be required to do so for more than one (1) year. Section 5.7: Student Discipline A. Employee Responsibility and Right to Discipline

The certified employee is an educational professional who has an affirmative responsibility to implement and maintain effective discipline as required by the Board of Directors. Employees are empowered to take disciplinary action to correct a student who disrupts normal classroom activities, abuses or insults an employee as prohibited by law, willfully disobeys an employee, uses abusive or foul language directed at a District employee, school volunteer, or another student, violates school rules, or who interferes with an orderly education process. In discharging this responsibility, certificated personnel agree to maintain professional expertise in the area of student discipline.

B. Written Building Guidelines and Procedures and Annual Review

Each building shall have written guidelines and procedures regarding student discipline. Such guidelines and procedures, and any actions dealing with student discipline, must be consistent with the adopted Student Rights and Responsibilities Policy and with Washington State Codes and law. The administrator and employees in a school shall confer at least annually in order to review written school and District disciplinary standards and to discuss uniform enforcement of those standards. This meeting may also be used to update all employees regarding applicable federal, state and local laws, and District rules, regulations and procedures pertaining to student rights and processing of student discipline.

C. Board and Administration Support

The Board and administration shall support employees in the application of reasonable disciplinary measures to maintain order and discipline, to protect the safety and well-being of pupils and employees, and to control the conduct of students to ensure that the mission of educating students may be achieved.

D. Student Offenses

A student committing an offense under Chapter 9A.36, 9A.40, 9A.46, or 9A.48 RCW when the activity is directed toward the teacher, shall not be assigned to that teacher’s classroom for the duration of the student’s attendance at that school or any other school where the teacher is assigned.

E. Notification Right – Certain Offenses

Employees have the right to be notified by the principal whenever said principal has been officially notified that a student has been convicted in adult criminal court or adjudicated or entered into a diversion agreement with the juvenile court on any of the following offenses as defined by law:

1. A violent offense (as defined in RCW 9.94A.030); 2. A sex offense (RCW 9.94A.030);


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3. Inhaling toxic fumes (RCW 9.47A); 4. A controlled substance violation (RCW 69.50); 5. A liquor violation (RCW 66.44.270); 6. Assault--physical harm (RCW 9A.36); 7. Kidnapping, unlawful imprisonment, and custodial interference (9A.40); 8. Harassment (RCW 9A.46); and 9. Arson, reckless burning, and malicious mischief (RCW 9A.498).

F. Disruption of Class or Activity

Any student who creates a disruption of the educational process in violation of building disciplinary standards while under a teacher’s immediate supervision may be excluded by the teacher from his or her individual classroom and instructional or activity area for all or any portion of the balance of the school day, or up to the following two days, or until the principal or designee, parent or guardian when possible, and teacher have conferred, whichever occurs first. Except in emergency circumstances, the teacher first must attempt one or more alternative forms of corrective action. In no event without the consent of the teacher may an excluded student return to the class during the balance of that class or activity period or up to the following two days, or until the principal or his or her designee, parent or guardian when possible, and the teacher have conferred, whichever occurs first. In such instances of temporary removal, the employee has the right to be consulted with regard to the facts of the situation and any actions to be taken with the student, including recommended suspension or expulsion.

G. Discipline of Special Education Students

Special education students may be suspended for up to ten (10) cumulative days in a school year without resort to special processes or parental consent. Suspension for a partial day constitutes one (1) day. For any additional suspensions beyond the ten (10) cumulative days in a school year, incidents involving a special education student and illegal drugs, controlled substances, or weapons, and disciplinary or emergency expulsions of a special education student involve special processes under District policies and state and federal law. Therefore, if an employee is involved with any of these situations or potential situations, they are advised to immediately consult with the appropriate building administrator.

H. Right to Defend Self or Others

An employee has the right to defend himself/herself or others when endangered by violent behavior. Also, recognize that depending on the age and size of the students involved, physical interventions may or may not be appropriate to halt physical abuse or violence.

I. Timely Administrative Response

The appropriate administrator will respond and give attention within no more than three (3) working days to all employees’ requests regarding discipline problems beyond the employee’s classroom management plan. This paragraph is not intended to broaden the time limitations contained in paragraph F of this Section.

J Right to Recommend Suspension or Expulsion

Employees have the right to recommend suspension or expulsion of a student. Where such recommendations are made, but not agreed to by the administration, the administration shall, after receiving a written request outlining the employee’s recommendation and the reasons therefore, provide an explanation to the employee regarding their disposition of the recommendation.


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K Association Representation – Student Discipline Hearings

For student discipline hearings at which an involved employee is requested to attend, the involved employee shall be guaranteed the right to have Association representation.

Section 5.8: Student Grading It is recognized that the administration has the right to change a final grade of a student, provided that (a) the employee who originally determined the grade shall first be consulted, and (b) a notation will be made on the student's permanent record that the grade had been changed by the administration. Section 5.9: Building Visitors All parents have the right to visit their child’s classroom for the purpose of viewing classroom procedures, teaching materials and class conduct (RCW 28A.605.020). Each building shall have written procedures and guidelines that visitors must follow. Building procedures and guidelines shall include:

A. All visitors shall check in through the school’s main office. B. All visitors shall prearrange visitations with the teacher. At the request of the teacher, the building

principal or designee shall accompany the visitor throughout the visitation. C. Process for removal of unscheduled or undesirable visitors.

Employees shall have the opportunity to provide input for the development of building visitation procedures and guidelines. It is recommended that there be an annual review and updating of said procedures and guidelines. Section 5.10: Individual Employee Contracts A. Basic Contract

Each certificated employee is required by law to sign an individual contract with the District. All such individual contracts shall conform with Washington State Law, rules and regulations set forth by the State Board of Education and the terms and conditions of this Agreement. Individual contracts may be issued upon ratification and signing of a successor agreement or May 15, whichever occurs first; provided, however, that if individual contracts are issued prior to the completion of negotiations, they shall contain a rider allowing adjustments so that all employees' contracts conform to the final negotiated agreement.

B. Release from Contract

A teacher shall be released from obligations of the individual contract upon request under the following conditions:

1. Request for release received by the District prior to August 1. 2. Request for release received after August 1 shall depend upon the availability of suitable

replacement. 3. Request for release based upon circumstances which makes it impossible for the employee to

fulfill the terms of the contract.


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C. Supplemental Contract

1. Issuance of Supplemental Contracts

Supplemental contracts shall be issued for supplemental assignments covered by this Agreement including co-curricular activities. Such assignments are for one (1) year and shall be in accordance with current statutory provisions. Such supplemental contracts shall be issued as early as possible, preferably prior to the close of the school year. Service shall not be required if no supplemental contract has been issued.

In the event that the District intends not to reissue a supplemental contract, the employee shall be notified in writing of the reason(s) for such action. Said notification should take place prior to the conclusion of the school year, preferably within thirty (30) working days after the conclusion of the work period.

2. Posting of Supplemental Contract Positions

Electronic posting to the staff and Association, through email and the District website, not less than one (1) week prior to the closing of the posting shall be required for all new and vacant supplemental contract positions. Such postings shall include, if known, specific assignment and school, the qualifications for the position, and the procedure for applying. During the school year, such postings shall be placed on the faculty bulletin board at each school and at the Service Center, and shall be sent to the Association Office.

3. Payments under a Supplemental Contract

Employees with supplemental contracts involving the activities pay schedule shall normally be paid on a 12-month basis. In the event such a contract is not executed by the first payroll period of the year, payment shall be made on an equal monthly basis beginning on the first pay period following execution of the contract and continuing through August 31.

D. Contract for Additional Days

1. Positions with Additional Days

Employees holding any of the following positions shall be offered supplemental contracts for the number of additional days beyond the regular required work year indicated: Secondary Counselors: 10 days Librarians: 5 days Psychologists: 5 days These additional days are to be worked on site but may be in partial or full days and may be worked before or after the regular work year and also on any non regularly contracted work day including but not limited to weekends and holidays.


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2. Other Positions and Additional Days

Nothing shall preclude the District from offering additional days of employment on supplemental contracts for other positions than those listed in paragraph 1, above. The Association shall be provided, upon request, a list of any other additional days by position that are offered to employees on supplemental contracts.

3. Pay for Additional Days

The pay for these additional days shall be at the employee's per diem contract rate of pay. Section 5.11: Assignment, Transfer and Vacancy A. Definitions

For the purpose of this Section the terms below shall be defined as follows:

1. Assignment - An "assignment" shall mean the placement of an employee in a particular grade level, subject(s), or specialty area.

2. New Position - A "new position" shall mean a new teaching or specialty position that did not

previously exist and was not previously filled by an employee. 3. Reassignment - A "reassignment" shall mean a change in an employee's assignment. A

reassignment may or may not involve a transfer, depending on whether the reassignment is to a different school.

4. Seniority - Seniority shall mean experience in the Marysville School District (to the nearest tenth

of a year as applicable to placement on the salary schedule, excluding substitute experience). 5. Transfer - A "transfer" shall mean a move by an employee from one school to another. A

"voluntary transfer" shall mean a transfer the employee requested. An "involuntary transfer" shall mean a transfer the employee has not requested.

6. Vacancy - A "vacancy" shall mean any newly created position to be filled or any previously

existing or continuing position to be filled to which no current employee will be assigned. 7. School or building – A school or building for the purpose of this Section shall not only include

the traditional site identified by a name (Liberty Elementary, Pinewood Elementary, etc.), but also at the secondary level each Small Learning Community shall be considered a school or building.

B. General Provisions

1. The Human Resources Office shall electronically post a notice of certificated positions as they

become available. 2. The process of staff selection, transfer, or reassignment is guided by qualifications of the

candidate as they relate to the duties and responsibilities of the particular position established by the Board of Directors.


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3. Seniority will be a factor after the above issues have been resolved to the satisfaction of the District except as provided below.

4. On or before February 1 of each year the District will notify the Association that their members

can apply for transfers or reassignments. An employee interested in any certificated position shall submit a request form no later than March 1, such form to be available in all buildings. Such submittals shall be considered when filling vacancies until the last Friday in August preceding each school year or until the employee accepts a transfer, whichever occurs first.

5. When filling vacancies and new positions, no person from outside the District shall be hired until

it has been determined that all current employees who are properly certified and/or endorsed for the position and who have submitted a transfer and/or reassignment request that would be applicable to the vacancy or new position have been offered the position but declined to accept it.

6. In emergency situations, acting appointments may be made for the remaining portions of the

school year. 7. The District reserves the right to employ the person that it deems most qualified for the position.

C. Postings

All new positions and vacancies covered by this Agreement will be electronically posted and a copy of the posting sent to MEA. The first five (5) days shall be reserved for in-district applications. Individuals who have requested a voluntary transfer shall submit a letter of application for the posted position.

D. Assignment/Reassignment

1. Reassignments to another position will be considered and made upon a request of the employee, when in the judgment of the building Principal the best interest of the school system will be served. Assignments within a school shall be made by the building Principal subject to the approval of the Superintendent or designee.

2. Reassignments may be made to permit experience at different levels of instruction to achieve

better staff utilization or to facilitate personal adjustments.

3. Employees shall be free to request a change in assignment and to discuss the matter with the appropriate administrator.

4. When it is evident that program needs within a school cannot be met except by reassigning

current staff within that school, the building administrator shall give notice to the staff and solicit voluntary reassignment requests from the staff during the school year. Consideration of such request will be made subject to building and District needs.

5. Upon their request, employees being reassigned to a different classroom will receive assistance

from the District in moving instructional materials. The move will be accomplished so that such materials are available at the new place of assignment by the first day of the new assignment.

6. If a teacher is reassigned to another position (meaning a change in grade level for elementary,

subject taught for secondary, or room change at either level) within the same building during the school year, or within ten (10) days prior to the start of the school year to meet an emergency situation, he/she may request two (2) substitute days or may be compensated for two (2)


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substitute days at the higher rate of pay. This time will be used for curriculum planning and preparation. Principals will make every effort to avoid a short notice reassignment to the same teacher two (2) years in a row.

E. Voluntary Transfer

1. A request to transfer to another building will be granted when considered to be in the best interest of the District. To be considered for transfer, the employee must have been employed by the District for a minimum of two (2) years. An exception may be made should the transfer be deemed by the District to be necessary and serve the best interests of the District.

2. If a vacancy occurs, as determined by the District, during the summer months, employees who

have specifically requested such position will be contacted by phone by the District. The employee will notify the District indicating his/her interest in said position within two working days of receiving such notification. The employee will have the responsibility of notifying the Human Resources Department of any change of phone number.

3. When it is evident a transfer is needed from a school, the building administrator shall give notice

to the staff and solicit voluntary transfer requests. Consideration of such request will be made subject to building and District needs.

F. Involuntary Transfer

Involuntary transfers shall be handled in accordance with the following:

1. When an employee is to be involuntarily transferred, he/she shall be given the opportunity to apply for existing vacancies.

2. An employee shall be notified of the reason(s) for an involuntary transfer through a meeting with

the appropriate administrator. 3. At least three (3) work days' written notice shall be given to the employee before an involuntary

transfer is made. The employee may waive this notice requirement. Employees shall be notified of an involuntary transfer before notification to the rest of the staff.

4. Before an involuntary transfer is made, the employee shall have the opportunity to discuss his/her

new assignment with the Human Resources Administrator or immediate supervisor. 5. The administration will make a reasonable effort to preclude an employee from being

involuntarily transferred from one building to another twice during the same school year or from being involuntarily transferred during two (2) consecutive years. No employee shall be subject to an involuntary transfer more than two (2) times within a five (5) year period, except in an emergency situation.

6. If an employee is transferred for the following school year, but before the first student contact day

of the school year begins an opening for which the employee is qualified occurs at the original school, the employee shall be given the option to accept that opening.


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G. District Assistance for Transfers

1. If an employee is voluntarily or involuntarily transferred during the school year, or within ten (10) days prior to the start of the school year to meet an emergency situation, he/she may request two (2) substitute days or may be compensated for two (2) substitute days at the higher rate of pay.

An employee who is involuntarily transferred in two consecutive years may request two (2) substitute days or may be compensated for two (2) substitute days at the higher rate of pay regardless of when the second year involuntary transfer occurred.

2. Upon their request, employees being voluntarily or involuntarily transferred will receive

assistance from the District in moving instruction materials. The move will be accomplished so that such materials are available at the new school or place of assignment by the first day of the new assignment.

Section 5.12: Employee Discipline (Just Cause) A. Just Cause

No employee shall be disciplined (including written warnings, written reprimands, or suspensions) without just cause. No employee will be terminated or adversely affected as to employment status without just cause.

B. Grounds for Discipline

The specific grounds forming the basis for such disciplinary action will be made available to the employee in writing upon request.

C. Progressive Discipline

The District agrees to follow a policy of progressive discipline except in situations where the gravity or the problem of severity of the employee's conduct warrants a departure from the policy of progressive discipline.

D. Notice and Investigation

1. Initial Notice and Decision to Investigate

From the time an employee’s immediate supervisor or other administrator becomes aware of a complaint, concern, or allegation against an employee, up to fifteen (15) business days shall be allowed for the District to make a determination whether an investigation that could lead to disciplinary action is necessary. Within five (5) business days of a determination that an investigation is necessary, the employee will be informed of the general nature of the complaint, concern, or allegation; that an investigation is to be undertaken; and that at a future time they will be interviewed as a part of the investigation. In some cases, the District may also inform the employee he/she is being placed on administrative leave in accordance with paragraph G below.


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2. Employee Interview during Investigation

When the employee is later interviewed as part of the District’s investigation, the employee will be informed in specific terms of the initial complaint, concern, or allegation that gave rise to the investigation and in specific terms of any additional complaint, concern, or allegation that was made during the course of the District’s investigation. Also at this time, the employee will be provided a copy of any written statement originating from any party who had made a complaint, concern, or allegation against the employee.

3. Right to Respond to Complete Investigative Record

An employee shall have a right, before any disciplinary action is taken, to receive and respond to the complete investigative record. This right may require another investigative meeting with the employee even if the employee had been interviewed earlier in the investigative process.

4. Right to Attach Statement

Should the employee so wish, he/she may attach a statement which speaks directly to any written complaint, concern, or allegation or to any disciplinary action that may be taken.

5. Personnel File

Only after an investigation and if disciplinary action is taken may any reference to a complaint, concern, or allegation be included in the employee’s central office personnel file.

E. Representation

An employee shall be entitled to Association representation during any disciplinary action. An employee, upon request, shall also be entitled to Association representation for any meetings held resulting from the requirements of paragraph D, above. The principal or District's agent shall inform the employee of his/her right to have representation for any meetings required by this paragraph.

Employees who are to be interviewed because they may have information that is relevant to a District disciplinary investigation but who are not under investigation themselves, shall have the right, upon request, to have an Association representative observe the interview.

F. Letters of Clarification

Letters of Clarification may be used by the District consistent with the following:

1. Letters of Clarification are not disciplinary and do not replace any of the progressive discipline steps. Letters of Clarification shall make no findings of misconduct and shall impose no sanctions.

2. Letters of Clarification are appropriate when there is inadequate just cause for discipline because

the evidence of misconduct is inconclusive or the employee did not have fair notice of the rule or performance expectation. Letters of Clarification remind or clarify for the employee an existing rule or conduct expectation.

3. Letters of Clarification are provided to the employee, the Association President, and the Human

Resources Director. A copy may be maintained by the employee’s supervisor in the working file.


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The employee shall have the right to have a response to the Letter of Clarification attached to the supervisor’s working file copy.

4. Employees have the right to request removal of a Letter of Clarification from the supervisor’s

working file after three years from the date of the letter, if there have been no further incidents related to the clarified existing rule or conduct expectation described in said Letter.

5. Letters of Clarification are not disciplinary and will not be used as evidence of discipline in any

future disciplinary action. Letters of Clarification serve only as notice to the employee regarding conduct expectations.

6. Letters of Clarification are not subject to the public disclosure law because they are not

disciplinary. G. Administrative Leave

An employee may be temporarily removed from his or her regular assignment pending an investigation into alleged misconduct in accordance with the following: 1. This action shall not be considered disciplinary and shall be an administrative leave with full pay

and benefits. 2. This action shall only be taken in situations when the employee’s continued presence in the

workplace could threaten or endanger children, self or others, disrupt the educational or work environment, or interfere with an investigation. The District will, at the time the employee is temporarily removed from his or her regular assignment, provide the Association President the specific reason(s) that warrant in the District’s opinion why administrative leave is necessary.

3. The District will begin the investigation as quickly as possible and engage sufficient investigatory

resources to complete investigations in a timely manner. The District will, on an agreed to basis, provide the Association with updates on the status of the investigation.


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ARTICLE VI: LEAVES Section 6.1: Annual Leave for Illness, Injury and Emergency The following provisions shall apply to annual leave for illness, injury and emergency. A. Annual Allowance

An employee shall receive an advanced annual allowance of twelve (12) days each year with full pay to be used for the sole purpose of illness, injury, and emergency as defined herein. Unused leave may be accumulated to the extent provided by code and/or law. For employees contracted less than a full school year and/or contracted as a part time employee, the twelve (12) days shall be prorated, based on the employee's contract. In the event an employee should terminate employment or go on a long-term leave without pay for more than twenty days, having used, because of advance crediting, more annual leave days than entitled, adjustment to salary due but unpaid, or procedures for repayment, will be implemented by the District as appropriate.

B. Paid Leave

An employee’s full per diem salary will be paid for absences due to illness, injury or emergency which is within the period covered by the accumulated annual leave.

C. Return to Employment with District

Upon return to employment with the District, any former employee shall be credited with the balance of unused illness, injury and emergency leave accumulated at the time of termination of his/her employment with the District unless the amount of leave is increased or decreased as a result of employment in another school district.

D. Annual Accounting

An annual accounting of illness, injury, and emergency leave balance will be made for each employee.

E. Absence beyond Accumulated Annual Leave

Any additional day's absence must be authorized and a deduction in salary equal to a fraction of the total contract salary will be made for each day's absence. The fraction will have a number one (1) as the numerator and the number of days contracted as the denominator.

F. Special Provisions Applicable to Personal Illness or Injury

Employees claiming illness or injury leave benefits for more than five (5) consecutive days may be requested to submit a written statement from a regularly licensed physician or other appropriate health care provider which confirms the need for the six (6) or more days of absence. Prior to the employee's return to work, the District may require a written statement from a regularly licensed physician or other appropriate health care provider stating the first date of the employee's approved return to work. Any restrictions on the employee's performance will be noted on the written statement.


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G. Special Provisions Applicable to Emergency Leave

Should the emergency be of such a personal nature that the individual finds it difficult to define the reason for the absence in writing on the absence report form, he/she may, in lieu of the written statement, request a private and confidential conference with the Executive Director of Human Resources.

1. Business

Emergency leave may be used for urgent business which cannot be accomplished on a weekend or after the regular contract day. The District may require documentation verifying a travel emergency. This leave will be deducted from annual leave for that employee.

a. The problem must be suddenly precipitated and/or of such nature that preplanning could

not relieve the necessity for the employee's absence; and b. The problem cannot be one of minor importance or of mere convenience, but must be of

a very serious and immediate nature. 2. Care of a Child and Injury or Illness in the Family

Annual leave shall be used for (a) the care of a child of the employee, or (b) the care of an employee's spouse, domestic partner, parent, parent-in-law, grandparent, grandparent-in-law, siblings, or a relative residing in the employee's household who has a serious health condition or an emergency condition. The employee shall be allowed three (3) additional days with pay minus the salary cost of a substitute. These three additional days will not be deducted from annual leave for that employee. The same relatives listed above of an employee’s domestic partner shall also be included.

3. Childbirth

A male employee shall be allowed leave for the birth or adoption of his child. This leave will be deducted from annual leave for that employee.

4. Subpoena

In the event an employee is subpoenaed to appear in court, except when the employee testifies against the interests of the District, annual leave may be utilized. Such leave shall be granted with full pay less any payments allowed for appearing. Payments for appearing must be reported on the absence report form. A copy of the subpoena and a verification of appearance from the court must be attached to the employee’s time sheet for leave to be approved. This leave shall not be deducted from annual leave for that employee in cases in which the employee testifies in support of District interests.

5. Adoption

Adoption procedures meeting the emergency leave criteria shall qualify as emergency leave. This leave will be deducted from annual leave for that employee.


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6. Domestic Violence

It is the intent of the parties to comply with SHB 2602 passed by the 2008 regular session of the Legislature. An employee who is the victim of domestic violence, sexual assault, or stalking, or who has a family member who is a victim, shall be entitled to emergency leave or other applicable paid leave. The employee shall have the option to take leave on an unpaid basis as well. “Family member” under this law means any individual whose relationship to the employee can be classified as a child, spouse, parent, parent-in-law, grandparent, or person with whom the employee has a dating relationship. An employee taking leave for reason of domestic violence, sexual assault or stalking must provide advance notice that the leave is being taken for one of the reasons enumerated above, provided, however, that if the employee is not able to give advance notice, the employee or “designee” must notify the District before the end of the first day of absence. The District may require written verification that the employee or family member is a victim of domestic violence, sexual assault, or stalking. The District may additionally require written verification of the family relationship. Such written verification must be provided the District in a timely manner.

H. Cash Out

The following provisions are to govern an attendance incentive program whereby employees can receive compensation for unused annual leave:

1. In February of the year following any year in which a minimum of sixty (60) days of annual leave

is accrued, an employee may receive remuneration for unused annual leave accumulated in the previous year at a rate equal to one day's monetary compensation of the employee for each four (4) days of accrued annual leave in excess of sixty (60) days.

2. The annual leave for which compensation has been paid shall be deducted from the employee's

accrued annual leave at a rate of four (4) days for every day's compensation paid.

3. An employee or the employee's estate at the time of separation from school district employment due to retirement or death, shall receive remuneration at a rate equal to one day's current monetary compensation of the employee for each four (4) days of annual leave to a maximum of one hundred eighty (180) days.

4. The District shall establish rules consistent with the regulations of the State Board of Education

and the Office of Superintendent of Public Instruction, including changes of months for the purpose of accounting, to allow employees to claim benefits hereunder, provided that for purposes of H-3 (above) no employee may receive compensation under this section for any portion of annual leave accumulated at a rate in excess of one (1) day per month.

5. At the time of separation from the District for reasons other than retirement, death, or transfer to

another district, an employee who has accumulated a minimum of sixty (60) days shall receive remuneration at a rate equal to one (1) day's current monetary compensation of the employee for each four (4) full days of accrued annual leave to a maximum of 180 days.


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6. At the time of separation from the District for reasons other than retirement, death, or transfer to another district, employees with less than sixty (60) days shall receive no annual leave buy back.

I. Leave Sharing

The following provisions shall govern the leave sharing program:

1. The purpose of this program is to permit District employees to come to the aid of a fellow employee who is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or terminate his or her employment.

2. Employees having more than twenty two (22) days of annual leave for illness, injury and

emergency may share accumulated days with another employee in the bargaining unit who is in a situation as described in I-1 above, provided the remaining balance does not go below twenty two (22). days.

3. Employees receiving such leave sharing benefit must have exhausted their accumulated annual

leave for illness, injury and emergency, and any other paid leave benefits available to them. Employees requesting leave shall complete Per 0015 "Leave Share Request" and Per 0052 "Physician/Health Care Practitioner" forms.

4. While an employee is on leave under this program, he/she shall be classified as an employee and

receive the same treatment in respect to salary, wages, and employee benefits as the employee would normally receive if using accrued annual leave or sick leave.

5. Employees volunteering to participate in this program will complete form Per 0014 "Leave Share

Donation" and submit as requested on said form. 6. The leave sharing program shall be managed so that it does not become a significant cost item to

the District provided, however, the employee rights under this leave sharing program shall not be altered during the term of this Agreement without the approval of the Association.

7. A maximum of 522 days may be received by an employee during their total lifetime employment

in the State of Washington per RCW 28A.400.380. Section 6.2: Bereavement Leave A. Basic Allowance

The employee shall be allowed up to five (5) days leave with pay, non-accumulative, for the death of any person that in the employee’s judgment necessitates a leave of absence for bereavement purposes. This leave does not affect the employee’s annual leave balance.

B. If Travel a Factor

Should travel distances related to leave taken in number one above so demand, an additional one (1) day may be allowed for that purpose.


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C. Additional Bereavement Leave

1. The District recognizes the need for additional bereavement leave on occasion. An employee

may request one (1) additional non-accumulative bereavement day per year through the Human Resources office. If this day has been used, an employee’s next option would be to use a personal leave day, or if none available, up to one (1) emergency leave day as per Section 6.1 G above.

2. If situations where personal problems are a result of bereavement, the staff member may be

granted an extended leave of absence without pay, upon approval of the Superintendent of Schools. Such an extended leave shall not exceed ninety (90) days and the staff member shall maintain his/her place on the salary schedule.

Section 6.3: Personal Leave A. Basic Allowance

The employee shall be granted two (2) days of personal leave annually. The employee shall not be required to state reasons for the leave beyond the term "personal". Any denial shall be given a written reason by the District. Employees may use the day(s) in whole or half-day increments;

B. Limitations

1. The specific day(s) taken must have concurrence of the District, except for adverse weather conditions and/or accidents affecting travel, provided no more than 5% of the bargaining unit uses personal leave on a given day and no more than 3% after Spring Break. No specific day will be denied except in light of unusual school or District circumstances. Additional days without pay may be authorized by the Human Resources Department with five (5) days' written notice.

2. Personal leave days may not be taken in the month of June except for events of great significance

and which are pre-approved by the Human Resources Administrator.

C. Cash Out and Carry Over

If one or both of the annual allocation of two (2) personal leave days is unused, those days shall be automatically carried over into the next school year. Carried over days may accumulate up to five (5) days. If an employee wishes to cash out such unused days at the end of the current school year, the employee must notify the District no later than July 31 so the cash out can occur in the employee’s August pay warrant. In the following school year that unused days are carried over, those days shall be the first to be used before the use of the annually allocated two (2) days. Any days in excess of three (3) will be cashed out at the end of the year. The rate for cashing out personal leave days shall be at the higher substitute rate of pay for each cashed out day. Beginning with the 1998-99 school year, Plan 1 retirees shall not be eligible for cash out of personal leave days during the two (2) years prior to retirement. Should Plan 1 retirees cash out their personal days during either or both of those two (2) years, the District shall have the right to recover the amount paid. No recovery shall be made for any cash out which occurred prior to the 1998-99 school year.


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Section 6.4: Maternity Leave The Board of Directors may, at the request of the expectant mother, grant a leave of absence for maternity, without pay, to any regularly employed staff member. A. Application for Leave

The employee must apply for a leave of absence not later than thirty (30) days prior to the expected date of the normal birth of the child. Such application must be made in writing to the Board of Directors through the Superintendent and must include the estimated date of birth and the beginning and ending dates requested. Employees are encouraged, but not required, to commence such leave at the beginning or end of a school quarter, semester, or vacation period.

B. Duration of Leave

The maternity leave can extend until the birth. The Board, at its discretion, may terminate a maternity leave, in case of interrupted pregnancy, within a reasonable time thereafter.

C. Application for Reinstatement

The employee shall be required to make written application to the Board of Directors, through the Superintendent, for reinstatement. This application must be made at least ninety (90) days prior to the expiration of such leave and no later than April 1 for those requesting reinstatement for the following school year.

D. Contractual Status

The contractual status of the employee shall not be affected adversely by any such leave of absence within the limits set forth in Article VII, Section 7.3-B-1.

Section 6.5: Parental Leave An employee shall be granted, upon his/her request, leave of absence without pay and benefits for a period of at least one (1) year (but may not extend more than until the beginning of the school year following the expiration of the period of one (1) year after the termination of pregnancy) to care for his/her child. Notice of intent to return shall be submitted in writing by April 1 of the year of absence. The District will send notice to employees on leave by March 15, reminding them of the April 1 deadline. An employee who desires to take a parental leave shall request such a leave to the Superintendent at least one (1) month in advance of the estimated beginning date of the leave. The Superintendent may waive this one (1) month requirement in emergency circumstances. The leave request shall include an estimate of dates of beginning and termination of the leave. Parental leave, in accordance with the above provisions, shall also be granted to any employee for the purpose of caring for a child who has recently been adopted or for whom the employee has just acquired custody. Provisions governing the duration of such a leave shall be the same as for other parental leaves.


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Section 6.6: Disability Leave The Board of Directors may, at the employee's request, grant a leave of absence for a disability without pay, to any regularly employed staff member. A. Application for Leave

The employee must make application for leave. Such application must be made in writing to the Board of Directors, through the Superintendent, and must include a written statement by a licensed physician concurring that a disability exists which requires such leave.

B. Duration of Leave The disability leave, unless otherwise specified by the District, shall extend until the beginning of the following school year. A request for extension may be considered if the employee has not been absent from his position ninety percent (90%) or more of the school calendar year and still is disabled. The Board, at its discretion, may end a disability leave in the event of termination of the disability when consistent with administration of the school programs in the best interest of the pupils.

C. Application for Reinstatement The employee shall be required to make written application to the Board of Directors, through the Superintendent, for reinstatement. This application must be made no later than April 1 for those requesting reinstatement for the following school year. This application must be accompanied by a written statement from a licensed physician concurring that the employee is no longer disabled.

D. Contractual Status

The contractual status of an employee shall not be affected adversely by any such leave of absence within limits set forth by this policy statement. The normal salary experience increment shall not be granted during this period.

Section 6.7: Family Medical Leave Family Medical Leave will be administered in accordance with State and Federal laws. The Washington State Family Leave Act (FLA) builds on the existing similar benefits found in the federal Family and Medical Leave Act (FMLA) by providing additional benefits for women who are pregnant and to registered domestic partners. Women employees who take leave from work for pregnancy-related conditions or childbirth and who qualify for leave under the federal Family and Medical Leave Act (FMLA) are entitled to additional leave benefits under the Washington State Family Leave Act (FLA). Registered domestic partners who qualify for FLA will be able to use their leave to care for a registered domestic partner who has a serious medical condition. FLA and pregnancy disability leave may not run concurrently, but FMLA will run concurrent with both FLA and pregnancy disability leave. This means if an employee is eligible for FLA and pregnancy disability leave, the employee will be eligible for more leave under the two state laws together than the leave provided under FMLA. FLA is also available for qualified registered domestic partners whereas FMLA is not. Finally, if an employee takes FMLA for a qualifying exigency related to a military deployment or if they take FMLA as a military


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caregiver, then they will not be using the benefits provided under FLA. So they could qualify for all 12 weeks of leave under FLA.

Employees wanting more information on how FLA and FMLA integrate with each other should contact Human Resources as early as possible. Section 6.8: Professional Improvement Leave

A. For Enhancing Skills

Professional improvement leave may be granted to an employee for the purpose of enhancing skills and knowledge applicable to his/her professional position. This leave may also apply to overseas teaching opportunities. After two (2) years of service, an employee may be granted a one-year leave of absence without pay for professional improvement, if requested before April 1 preceding the desired year's absence. Notice of intent to return shall be submitted in writing by March 1 of the year of absence to obtain employment for the ensuing year. Upon return, the employee will be given conditions for employment as nearly equal to his/her former position as possible when consistent with administration of the school program in the best interest of the pupils.

B. For Professional Office

After five (5) years of service, a leave of absence will be granted to serve in an elected or appointed state or national professional office, without pay, at the discretion of the Superintendent. The request must be submitted in writing before April 1 preceding the desired year's absence. Notice of intent to return shall be submitted in writing by March 1 of the year of absence in order to obtain employment for the ensuing year. Upon return, the employee will be given conditions for employment as nearly equal to his/her former position as possible when consistent with administration of the school program in the best interest of the pupils.

Section 6.9: District Discretionary Leave The District recognizes that occasionally personal circumstances exist that support an employee’s request for a leave of up to one (1) year without pay. This leave will be at the discretion of the Superintendent or designee and shall not occur more frequently than once in any ten (10) year period for an employee. This leave will not necessarily apply to employees requesting a leave for change of career. District discretionary leave must be applied for by May 1 of the year preceding the leave. Only employees who have worked for the District for two (2) years or longer will be considered. Notice of intent to return must be submitted in writing by April 1 of the year of the absence. Upon return, the employee will be given conditions for employment as nearly equal to his/her former position as possible when consistent with administration of the school program in the best interest of the pupils. Section 6.10 Governmental Leave After two (2) years of service, an employee may be granted up to one (1) year and not less than a quarter, a leave of absence without pay to serve in, or campaign for, an elected or appointed local, state or national government office. Extensions of such leaves for a successive period of time or approval of such a leave for or during a second or more consecutive year shall be subject to Board approval. Governmental leave may also be available to an employee to work for an elected or appointed government official. An employee planning to take governmental leave will provide the District with no less than thirty (30) days' notice. Upon return, the employee


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will be given conditions for employment as nearly equal to his/her former position as possible when consistent with administration of the school program in the best interests of the pupils. Section 6.11: Sabbatical Leave The purpose of the sabbatical leave policy is to encourage and assist members of the teaching and administrative staff to engage in a program of personal and professional improvement through study, research, and/or travel, by offering a stipend to help meet a part of the financial burden. A. Limitations

Sabbatical leave may be granted to not more than one percent (1%) of the total staff in any one (1) year. Granting of such sabbatical is dependent upon the financial resources available in the District. Availability shall be determined by the Board.

B. Duration

Sabbatical leaves shall be of a duration of not less than one (1) semester nor more than one (1) year. C. Prior Years of Service

The applicant must have completed five (5) years of service in the District or five (5) years of service since the last sabbatical leave.

D. Application

Written application shall be submitted to the Superintendent by March 1. The application shall contain a carefully developed plan for professional or personal improvement through advanced study or research and the time to be devoted to the activities enumerated. A subsequent change in plans must be approved by the Superintendent in advance of the change.

E. Selection

All applications will be reviewed by a leave of absence committee of three (3) classroom teachers and two (2) administrators appointed by the Superintendent, and their recommendations heard, before a recommendation is made by the Superintendent to the Board of Directors. The Superintendent will select the classroom teacher members of the committee from lists submitted by the President of the education association.

F. Limitation on Other Compensation

A member on sabbatical leave may not be employed for compensation or receive other income except that listed in the application and approved by the Board of Directors. The combined income from scholarships or employment and the sabbatical leave stipend shall not exceed the contract income of the individual.

G. Compensation and Return to Employment

Compensation for sabbatical leave shall not exceed a sum equal to 50% of the recipient's regular salary and paid at the rate of one-half (1/2) of the salary per month as long as the recipient abides by the terms of


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the leave. The sabbatical leave year shall be counted the same as a teaching year for salary schedule placement purposes. The returning teacher will be placed in his/her former position or given conditions of employment as nearly equal to his/her former position as possible when consistent with the administration of the school program in the best interest of the pupils. In the event the employee does not abide by the terms of the leave as so described in this section, all benefits shall cease, and the employee shall be subject to termination and the terms of item H described below.

H. Obligation to Report

The sabbatical leave recipient shall file a written report covering the substance of the program of activities completed during the leave of absence within thirty (30) days after returning to the District. The last monthly salary stipend will be paid to the recipient upon receipt of a satisfactory report. The recipient shall pledge to return to his/her position in the District for at least one (1) year following the sabbatical leave, unless otherwise approved, or refund an appropriately prorated share of the sabbatical leave stipend.

Section 6.12: Military Leave In accordance with RCW 38.40.060, any employee who is a member of the Washington national guard or of the army, navy, air force, coast guard, or marine corps reserve, or of any organized reserve or armed forces of the United States shall be granted military leave of absence with pay for a period not exceeding twenty-one (21) days during each year beginning October 1st and ending the following September 30th. This paid leave shall be in addition to any other paid leave the employee might otherwise be entitled. The leave shall be granted in order that the employee may report for active duty, when called, or take part in active training duty in such manner and at such time as he or she may be ordered to active duty or active training duty. Leave in excess of twenty one (21) days for the purposes stated above shall be granted without pay for the additional duration of their duty. Copies of active duty orders may be required by the District. The District shall also comply with the Military Family Leave law, SB 6447 (is to be a new RCW chapter) as passed by the 2008 regular session of the Legislature, said law to be effective June 12, 2008. This law allows an employee who is the spouse of a member of the armed forces of the United States, national guard, or reserves who has been notified of an impending call or order to active duty, or has been deployed, to take up to a total of fifteen (15) days of leave per deployment after the military spouse has been notified of an impending call or order to active duty and before deployment or when the military spouse is on leave from deployment. In accordance with the law, the employee shall have the option to take such leave without pay or to utilize their accumulated paid annual leave. The District will also comply with any applicable federal laws and regulations which provide military related leave benefits to employees covered by this Agreement, including, but not limited to, the 2008 amendments to the Family and Medical Leave Act which provide for a twelve (12) week “qualifying exigency” leave and a twenty-six (26) week military caregiver leave. Should the laws mentioned in this Section be amended during the term of this Agreement, the District will comply with any such amendments. Section 6.13: Jury Leave Leave of absence with pay shall be granted for jury duty. Any compensation received for jury duty performed on contract days shall be deducted from the employee's salary. The employee shall request a “Verification of Service” form from the Clerk of the Court. This shall be attached to the employee’s time sheet.


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Section 6.14: Professional Leave Employees may, upon approval of their immediate supervisor, be granted one (1) day of leave or five (5) hours of additional work at the Extra Services Rate of Pay within a pay period for professional development. After Spring vacation professional leave will be granted subject to substitute availability. Additionally there shall be a pool of thirty (30) days to be available for individuals to access, on a first come first serve basis, one (1) additional professional leave day.


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ARTICLE VII: COMPENSATION AND BENEFITS Section 7.1: Regular Salary Schedule The District will provide all funding made available by the State for teachers' salaries to be distributed on the schedules as mutually agreeable by both parties and in accordance with the following: A. Compliance

It is the intent of the parties to comply with the limitations imposed by current State laws, as existed on the effective date of this Agreement. No provision of this Agreement shall be interpreted or applied so as to place the District in breach of salary limitations imposed by State law or to subject the District to a state funding penalty. In the event the District is out of compliance, the salary schedule shall be adjusted accordingly.

B. Salary Schedule

The annual salary schedule is attached as Appendix B. C. Mid-year Adjustments

Increments will be given for each school year in accordance with the salary schedule.

As soon as reasonably possible following District completion and analysis of the annual SPI Form 901, the District will consult with the Association concerning the extent of the District's salary capacity for that year. If it appears that the District possesses increased salary capacity and funding within the salary limitation laws, that capacity will be utilized to increase Appendix B for each year effective September 1. Such adjustment will be paid over the remainder of that year's warrants. In the event that said capacity is less than an average of $40 per employee per year, the District shall distribute the salary dollars through the TRI schedule the following school year only, unless there is a mutual agreement to do otherwise.

Section 7.2 TRI Salary Schedule

Pursuant to RCW 28A.400.200, an employee shall be compensated for additional mandatory work time, and for additional responsibilities in accordance with the following:

A. Mandatory Time:

In addition to the contract year defined by Section 8.1, two (2) mandatory work days for all employees will be required and scheduled in accordance with the calendars contained herein. Individual employees will determine the use of at least one half of each of these days in accordance with Section 8.1 A herein.

B. Professional Responsibility

1. The District and Association agree with and affirm the following:

a. The success of the District is dependent upon hiring and retaining the highest quality employees.


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b. Providing a quality education for students requires from employees a commitment to professional duties and obligations beyond the base contract, normal workday hours and school year.

c. State law allows additional compensation for additional time, additional responsibilities or incentives (TRI) in conformance with RCW28A.400.200 (4).

d. The additional commitment required of employees cannot be accurately measured in hours or days.

e. The time necessary to fulfill any one employee's responsibilities will vary from that of another employee as determined by the employee's own professional judgment:

2. In addition to responsibilities employees perform during the basic education work year and work

day, it is recognized that employees perform numerous responsibilities outside of that time. These additional responsibilities include, but are not limited to, the following: a. Preparing for school opening or closing; b. Work connected with the conclusion of the school year; c. Conferencing with parents; d. Supporting student activities; e. Providing individual help to students; f. Evaluating student work; g. Workshops, classes, and in-service work; h. Researching educational materials and supplies; i. Improving and maintaining professional skills; j. Preparation and revision of materials; k. Planning with other staff in areas of instruction and curriculum; l. Working with computers and other technology as related to educational uses; and m. Attending District-connected meetings such as PTSA. Open House, etc.

Employees shall verify participation in such responsibilities per the verification form in Appendix D.

3. The District and Association agree that schools where staff collaboratively develop and

implement school improvement plans focused on student achievement show significant increases in student learning. Individual staff commitment to continuous learning, reflection on instructional practice, and participation in improvement plan activities may include, but not be limited to the following school leadership team developed activities:

a. Coaching cycle; b. Book studies; c. School improvement planning; d. Committee work; e. Analysis of student work as professional development; f. Curriculum and grade level expectation (GLE) alignment activities; g. Professional development (at staff meetings, grade level meetings, etc.); h. Peer coaching in other classrooms.

It is recognized that some of these responsibilities may be performed during or outside of the regular work day and work year.


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Employees shall verify participation in such school improvement activities per the verification form in Appendix D.

4. It is recognized these responsibilities may be performed both on and off school property.

C. Supplemental Contract

Employees shall be issued a supplemental contract for the mandatory time and responsibilities described by paragraphs A and B above. In accordance with State law, this separate contract is not a part of the employee's continuing contract and not subject to the restrictions therein.

D. Verification

Fulfillment of the supplemental contract shall be verified by completion of the form shown as Appendix D. Said form is to be completed by the employee and turned into their immediate supervisor no later than June 30. Employees who do not verify completion of one or both of the mandatory days, or who do not verify having an approved paid leave of absence for one or both of the mandatory days shall have their TRI compensation reduced by 1/182nd for each day not verified as worked or on paid leave. Employees on any unpaid leave of absence for the mandatory days shall have TRI pay reduced by 1/182nd (their regular pay shall not be affected).

E. Compensation

Compensation shall be in accordance with the individual's placement on the TRI schedules shown in Appendix C. Placement shall be the same as on the regular schedule. Part-time employees shall have their time and compensation pro-rated based on their full-time-equivalency (FTE). The TRI schedules shall reflect an equivalent regular salary schedule increase applied to the TRI schedule of 1 % for 2012-13.

F. Payment

Employees shall be paid on an equal monthly basis beginning with the September pay period and continuing through August 31.

Section 7.3: Salary Schedule Provisions

A. General

Salary schedule placement shall apply to all employees on the basis of verified experience and education. It is the employee's responsibility to arrange for verification.

B. Experience Guidelines

1. General

Experience is based upon regularly contracted employment while certificated in positions requiring certification in the State of Washington and out of state. Substitute experience does not qualify for increment. Credit shall be given for each full-time equivalent (1.0) year of experience to the nearest tenth (.1) of a year. Such credit shall accumulate from year to year. Whenever an employee's accumulated experience reaches .5 or more of a year, said employee shall be placed


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on the next experience step on the salary schedule, provided this will not affect the employee's actual accumulated experience.

2. Grandfathered Experience

Experience credits recognized and granted by the District prior to September 1, 1989 shall be grandfathered and retained for the purpose of salary schedule placement. Experience credit earned after September 1, 1989 shall be in accordance with the paragraph above.

3. Non-school ESA Experience In addition to experience as defined above, experience for ESA certified staff shall include up to a maximum of five (5) years’ experience in other non-school professional positions as speech-language pathologists, occupational therapists, counselors, nurses, psychologists, and social workers. For such non-school experience one (1) year of service in a non-school position shall be counted as one (1) year of service.

C. Education Guidelines

1. General

Educational increments are based upon college credit as verified by transcript earned after the date the first BA degree was granted, and prior to the contract year. Course work must be completed on or before October 1 for salary increases for additional education. Verification and approval of credits must be completed no later than October 15 with an official transcript. If an official transcript cannot be made available by said date, a letter from the university, or a letter from the instructor verifying the class and credit, or a grade report will be acceptable to be replaced with an official transcript no later than December 1 of the same year.

2. Upper Division Credit Requirement

Credits applicable to advance beyond the sixth (6th) year (BA + 90) must be upper division credit.

3. Accredited Institution Requirement

College or university credits shall be defined as credits earned from an accredited four (4) year college or university and reported on an official transcript by the institution. Certificated employees (graduate status) who wish to receive credit for professional growth must receive grades acceptable to the accredited four (4) year college or university for credit. Credits acquired for BA, credits acquired post-BA, and advanced degrees must be from an accredited institution. The District shall approve the institution in accordance with standards of the commonly recognized accreditation association of the region in which the institution is located, subject to the requirement that such accreditation must satisfy the minimum requirements for accreditation by the Washington State Board of Education. Credits and clock hours earned after September 1, 1995 must satisfy the criteria as set forth by the Legislature RCW 28A.415.023.


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4. Course Content Criteria At the time the credits are recognized by the school district, the content of the course must meet at least one of the following criteria: a. It is consistent with a school based plan for mastery of student learning goals as

referenced in RCW 28A.655.110, the annual school performance report, for the school in which the individual is assigned;

b. It pertains to the individual's current assignment or expected assignment for the following

school year; c. It is necessary for obtaining endorsement as prescribed by the State Board of Education; d. It is specifically required for obtaining advanced levels of certification; or e. It is included in a college or university degree program that pertains to the individual's

current assignment or potential future assignment as a certified staff member of the school district.

f. It addresses researched-based assessment and instructional strategies for students with

dyslexia, dysgraphia, and language disabilities when addressing learning goal one under RCW 28A.150.210, as applicable and appropriate for individual certificated instructional staff.

Credits which have been determined to meet one or more of the criteria listed above (a – f) shall continue to be recognized in subsequent school years and by subsequent school district employers; and

Credits not recognized in a school year may be recognized in a subsequent school year if there is a change in the qualifying criteria, such as a change in State Board of Education rules, a change in the District strategic plan, a change in the school-based plan for the school in which the individual is assigned, a change in the individual’s assignment, or a change in the individual’s employer.

5. Community College Credits

Community college credits that have been recognized for salary placement prior to September 20, 1990 will be grandfathered. Community college credits earned after 1990 and before the 2004-05 school year will not be accepted towards the salary schedule. Community college credits earned after the start of the 2004-05 school year will be accepted towards the salary schedule.

6. Professional Credits

Professional credits shall be defined as an allowance for formal non-college educational activities voluntarily entered into by an employee of the District for the purpose of strengthening his/her value and competence in his/her job. Professional credits include credits previously allowed for non-college in-service and travel. Professional credits shall be applicable to the salary schedule only in accordance with the following:


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a. Those employees who have professional credits recognized by the District for salary placement as of December 1, 1987 shall continue to have such credits so recognized. Such employees shall also be eligible for up to $500 (five hundred dollars) District-paid tuition reimbursement in accordance with the following: (1) The purpose for the reimbursement is to allow the employee to replace

professional credits applied toward the local salary schedule with college credits that are accepted on the State allocation or LEAP schedule.

(2) The employee must obtain prior approval in accordance with procedures established by the District in order to be eligible for the reimbursement.

b. After September 1, 1987 those employees who obtain professional credits that are

applicable on the State allocation or LEAP schedule shall also have such credits recognized by the District for placement on the local salary schedule.

7. Professional Certification

Should the State change the guidelines for the State Allocation Model funding schedule so that an individual who acquires a professional certificate would be placed at a BA + 45 on said schedule even though the individual does not have 45 post BA credits, then the “Schedule C” on the regular salary schedule shall be changed to read as follows:

Schedule C: Teachers who hold 45 hours post BA, or a valid fifth year certificate/continuing or professional

8. Educational Specialist Degree

All employees with an Educational Specialist Degree will be placed on the Masters schedule, and in addition continue to receive the 7 ½% X the Bachelors step A-0 stipend.

D. Special Provisions – Non-Degreed Vocational Instructors

1. Initial Placement

Employees certified as non-degreed vocational instructors are initially placed on the local salary schedule at BA + 0 and no years of experience unless they qualify for up to six (6) years of previous management experience per S-275 reporting/placement guidelines and corresponding WAC regulations.

2. Schedule Advancement

After initial placement, non-degreed vocational instructors may advance on the salary schedule as follows:

a. Advancement based on experience shall be governed by the same experience guidelines

as for all other employees per Section 7.3 B herein. b. Advancement based on education shall be governed by the conversion of additional

occupation experience and/or additional vocational training to post BA credits per S-275 reporting/placement guidelines and corresponding WAC regulations. This conversion


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results in additional education credits that will be recognized on the local Bachelor’s Degree salary schedule as post BA credits. All BA columns will be open depending on the number of converted credits earned. Non-degreed vocational instructors shall not be eligible to advance on to the Masters degree schedule.

3. Attainment of Bachelors or Masters Degree

If a non-degreed vocational instructor attains a Bachelors or Masters Degree and the appropriate certification that then results in that instructor being assigned to teach under said degree(s) and certification, then advancement on the salary schedule shall be based on those degrees, experience earned, and additional education credits earned in accordance with Section 7.3 B and C. Said instructor shall not lose experience and education credits earned as a non-degreed vocational instructor. The former non-degreed vocational instructor shall make no less in salary as a result of this transition than that last earned when working as a non-degreed vocational instructor.

4. Grandfather Provision

The parties agree that any current non-degreed vocational instructor who, under previous salary schedule placement guidelines and/or practices, attained salary schedule placement of BA + 135 with Masters as of the 2005-06 school year, shall be grandfathered at that education placement and shall be able to continue at that placement so long as employed with the Marysville School District or until the Association and District mutually agree at a later time to void or modify this grandfather commitment.

Section 7.4: Payment Provisions A. Paydays Payment for services shall be made once each month. Paydays will normally fall on the last working day

of the month. For the term of this Agreement, the District shall pay employees on the last working day in December. In the event that the County reverts to a decision to charge interest for this early payment, this practice will be sunsetted and the payday in December will be the last weekday of the month.

B. Direct Deposit

All employees shall be on direct deposit, provided if an employee believes unusual circumstances exist that would make direct deposit undesirable, the issue may be discussed through the Association President to the Executive Director for Human Resources.

C. Correction of Errors

Correction of errors in pay will be made as soon as possible. If the corrections result in a reduction of salary, the reduction will be evenly distributed to reduce hardship. The employee's preference will be considered regarding repayment options.


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Section 7.5: Insurance Benefits

A. Eligibility and Enrollment

The District shall provide insurance premium payments toward premiums of approved group insurance programs in accordance with the provisions and options outlined herein. Annual enrollment for employee group insurance programs shall be no later than October 10 of each school year. The enrollment of new employees shall begin with their employment and shall be completed within the time specified by the insuring company. The full payment shall be granted to all full-time employees. Employees contracted less than full time, but at least half time, shall have their insurance benefits prorated in accordance with their FTE weighted equivalency.

B. Creation of Benefit Pool and Allowed Amount

An insurance benefit pool shall be created by taking the total FTE number of employees in the bargaining unit as of October 1 of the school year times the monthly State support amount times twelve (12). The State support amount shall be supplemented by a District contribution equal to $75 per month per FTE number of employees in the bargaining unit as of October 1.

The monthly State-support amount as supplemented by the District’s contribution shall be the "allowed amount" as used in paragraph C below.

C. Contributions to Insurance Plans

From the insurance benefit pool described by "B" above up to the allowed amount per employee per month will be contributed to approved medical plans and other approved insurance programs. In the event at any time during the term of this Agreement state funding for insurance benefits is increased, then employee insurance benefits will be increased per FTE by the amount the State-support figure was increased.

D. Basic Benefit Plans

Utilizing the funds established by “B” and “C”, above, the District will offer the following basic benefit plans

1. Dental Plan

The District shall first pay the total premiums for a dental plan for employees and their designated dependents. Two plans are currently offered, Delta Dental (WDS) and Willamette Dental (HMO).

2. Long Term Disability Plan

The District shall next pay the total premiums for a long-term disability program for employees. The current LTD provider is Hartford.

3. Vision or Life Plan

The District shall next pay the total premium for either a vision care plan for employees and their designated dependents or a life insurance plan for employees only. The Association shall


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determine which of these options is to be implemented, and shall notify the District of the specific vision care or life insurance plan chosen. The current vision plan offered is Vision Service Plan (VSP), Plan C.

4. Medical Plan

(a) Of the remaining portion of the total monthly amount allowed per employee per month,

the employee may choose to have the balance applied to any of the following approved medical insurance programs.

(1) Premera Blue Cross plans

(i) Plan 5/Foundation (ii) Plan 2 (iii) Plan 3 (iv) Easy Choice Plan

The District and Association agree that this plan meets the requirement of recent legislation that requires offering employees “at least one health benefit plan…in which the employee share of the premium cost for a full-time employee, regardless of whether the employee chooses employee-only coverage or coverage that includes dependents, does not exceed the share of premium cost paid by state employees during the state employee benefits year that started immediately prior to the school year.”

(v) Qualified High Deductible Health Plan (QHDHP)

This plan shall be accompanied with a Health Savings Account (HSA) program approved by the District and Association. The District will not contribute funds to employees’ HSA accounts.

(2) Group Health (HMO)

(3) Any other mutually agreed upon insurance programs.

Designated dependents as used in this Section shall also include domestic partners.

(b) Recent legislation, i.e., ESSB 5940, requires all employees enrolling in a medical plan to

pay a portion of their premium. Therefore, all employees enrolling in a medical insurance plan will be required to pay by monthly payroll deduction at least the following portion of the premium cost of the medical plan in which they are enrolled (these amounts for the 2012-13 year are calculated by multiplying the employee only premium cost for each medical plan by 2%:

(1) Plan 5/Foundation ---$15.53/month (2) Plan 2 --- $13.28/month (3) Plan 3 --- $11.89/month (4) Easy Choice Plan --- $8.50/month (5) Qualified High Deductible Health Plan (QHDHP) --- $6.68/month


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(6) Group Health Cooperative --- $13.51

E. Distribution of Excess Funds

If the payment per employee so described in "C" above does not cover the premiums down to the minimum monthly amount described in “ 4 b” immediately above for the approved medical plans, said employee may be eligible for additional District contributions to his/her premium cost in accordance with the following:

1. The total of all employee premiums, but not to exceed the limitations described in "B" above

shall be calculated based on individual insurance requests submitted to the payroll office by October 10 and by February 10.

2. The difference between the available funds through the insurance benefit pool described in "B"

above and the total cost of individual insurance premiums described in “E-1” above shall be known as excess funds.

3. Distribution of excess funds shall begin in September with re-calculation and distribution of

excess funds done again in October and February of each year and shall be computed by taking total excess pool dollars and dividing them equally by the number of FTE eligible employees as of September 15, October 15, and February 15 of each year. This calculation shall be repeated a number of times with a balance factor of 2 FTE to compliance standards to insure that all excess funds are utilized. Excess funds distributed for each eligible employee’s approved insurance plans shall remain in effect for September, then each month for the periods October through January and February through August of each contract year

If, after the distribution of excess funds, the monthly insurance contribution per employee still does not cover the premiums down to the minimum monthly amount described immediately above of the insurance plan selected by the employee under “D-4” above, the District shall deduct from said employee's monthly salary the amount necessary to pay the remaining premium(s) due. Employee contributions shall be considered non-taxable through District adoption of a plan consistent with Section 125 of the Internal Revenue Code.

F. Flexible Pay Plan

The District agrees to allow employees to participate in the IRS Section 125 Flexible Pay Plan. G. Approved Insurance Programs -- Definition

Approved insurance programs are those which are agreed to by the District and the Association, and are in conformance with State law.

H. When Husband and Wife Both Employed

When both husband and wife are employed by the District, their current combined insurance contribution to be paid by the District may be applied at their option, to a joint insurance plan(s) rather than to separate plans carried by each individual.


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I. Changes in Employee Selection of Plans

Any changes in individual insurance plans selected by any or all employees per C through G, above, will be processed subject to the provisions of "K" above; PROVIDED the total of all employee premiums paid by the District does not exceed the total insurance pool. If any changes result in overpayment by the District of pooled employee benefits, then an adjustment will be made at the time of recalculating insurance benefits on either October 15 or February 15 of each contract year.

J. Conformance with Law

All School District employee benefits shall be provided to employees in conformance with State law, and shall be agreed to by the District and the Association on an annual basis. The District and Association agree to review any future State guidance given to districts regarding the implementation of recent legislation, particularly ESSB 5940. The Labor Management Committee will discuss and negotiate any changes in this Section deemed by the parties as desirable or necessary. State agencies have not yet developed rules and guidelines with regard to a required open and competitive bidding process; therefore, the parties agree to defer any such bidding process to a future year. A process will be negotiated between the parties at a future date following the publication of such rules and guidelines that will be incompliance with the law and will involve the Association and the District as equal partners.

K. Retirement “Subsidy” to HCA

The District shall pay from local funds the full amount of the retirement subsidy required by the State. If at some future time the State no longer requires District payment of the retirement subsidy to the Health Care Authority, the local contribution to the insurance pool shall be additionally increased by the most recent monthly amount for the retirement subsidy that had previously been paid to HCA by the District.

L. Additional Optional Plans

Employees may also elect to participate through payroll deduction in the following approved insurance programs:

1. Short-term Disability - American Fidelity 2. AFLAC Cancer Insurance 3. Any other mutually agreed upon insurance programs.

Section 7.6: Payroll Deductions Upon written request of the employee, automatic payroll authorization deductions shall be made for District-approved insurances, approved savings, and annuity programs having five (5) or more subscribers. Beginning August 1, 2000, all employees enrolling in District approved insurances, approved savings, and annuity programs will be required to sign a statement acknowledging that they understand that if enrollment in their particular plan drops below five (5), they will have six (6) months to either recruit additional enrollees to their plan or to enroll in another plan.


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Section 7.7: Co-curricular Activities Pay Schedule (Appendix E) The co-curricular schedule is attached to this Agreement as Appendix E. Section 7.8: Extra Services Rate of Pay A. Pay Rate

The hourly rate of pay of $34.00 shall apply to curriculum committees, summer school teachers, in-service instructional programs presented by employees, and classroom instruction for public school students that results in coursework grades and/or high school credits reported on a student record outside of the regular school day.

B. Summer School Provisions

The following provisions shall be applicable for any year in which the District intends to run a summer school program: 1. Posting for all summer school positions, including credit retrieval, shall be done each year a

program is to be run. 2. Summer school positions are not continuing positions. Thus all positions will be considered open

from one year to the next. 3. Applicants will be selected based on qualifications for the position. 4. The District will provide summer school teachers with appropriate paid training and orientation

prior to the start of summer school; and 5. Summer school teachers will be guaranteed a minimum of 45 minutes paid preparation time for

each summer school day worked. Section 7.9: Travel Itinerant employees and employees who are required to travel to fulfill their extracurricular duties will be reimbursed at the IRS rate. In addition, employees who receive written prior approval from the Superintendent to use their private vehicles for school business will also be compensated at the IRS rate. Application for such reimbursement is the responsibility of the employee. Forms for prior approval request will be available in each building. Employees must turn in their request for reimbursement within sixty (60) calendar days after returning from a trip. Section 7.10: Tuition Reimbursement, National Boards, & Clock Hour Fees A. Basic Allowance

For the purposes listed below, the District shall reimburse up to $200 to employees with over five (5) years experience as recognized by their placement on the salary schedule, and up to $500 to employees with no more than zero to five (5) years experience.


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1. Tuition reimbursement for any credits that meet the criteria for salary schedule placement, regardless of whether utilized for said purpose;

2. Registration fees for workshops/conferences; 3. Dues for professional organizations (not to include union dues) and cost for professional

publications, e.g., books, magazines, and online versions of the same. 4. Fees paid for taking the PRAXIS test in order to become “highly qualified” in an assignment or

expected assignment under No Child Left Behind requirements.

If the District requests that an employee take the PRAXIS test in order to become “highly qualified” in an assignment or expected assignment under No Child Left Behind requirements, the District will pay the fees for said test separately from the tuition reimbursement dollars available in this Section.

The amounts shall be provided to all employees regardless of FTE status.

B. When Funds may be Accessed

The District will, up to the limit provided in paragraph A above, reimburse an employee as soon as reasonably possible after the employee has provided proof of payment of the required tuition or fees. Appropriate verification of completion of such activities (or in the case of national board or the state’s professional certification, verification of registration or enrollment) shall also be provided to the District.

C. Unused Funds Pooled

If less than $40,000 has been utilized or encumbered by August 31 of each year, the unused funds of the $40,000 shall be pooled and made available as follows: 1. No later than October 1, eligible employees must submit to the District a reimbursement to help

pay the cost of tuition or fees from the prior fiscal year (September 1 through August 31) for obtaining an advanced degree, professional certification, or national board certification.

2. Reimbursement of tuition or fee costs will be calculated by dividing the total number of

employees who submitted the required form, along with tuition or fee receipts, into the unused pool dollars available. This calculation may need to be repeated a number of times in order to fully utilize the pool dollars available.

D. National Board Certification Support

The District will provide support for those employees pursuing national board certification as follows, provided this section of the contract is dependent on Title IIA funding. Any reductions in or elimination of Title IIA funding would make this section null and void. 1. Five release days or cash-in days (at sub rate and use towards fees, or a combination of days and

pay; 2. Copying of documents required for submission to NBPTS; 3. Use of professional day for Jumpstart or Homestretch training; and


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4. Free clock hours for cohort support meetings.

E. Clock Hour Fees

The District will not charge a fee for in-district clock hours. The professional development offered on the District-directed PGF days shall always allow clock hours.

Section 7.11: Supplies and Materials A. Basic Provisions

Each FTE elementary classroom teacher, special education teacher, and reading teacher shall be guaranteed up to $125.00 per year ($250.00 per year for kindergarten teachers or pre-school teachers teaching two (2) one-half (1/2) day sessions) to spend for supplies, materials, or equipment. The employee shall use the District's purchase order process. Employees may be reimbursed up to the annual amounts by submitting receipts after July 1 of each year (EX – annual amounts allowed for 2012-13 school year could be submitted beginning after July 1, 2012). Purchased supplies, materials, or equipment shall be considered District property. Supplies, materials and equipment shall not include food, beverage and party favors unless such items are directly related to the curriculum or to a particular program as determined by the principal.

B. Teachers New to Profession

In addition to the above, all new to the profession classroom teachers who qualify for TAP (first year, no previous experience), shall be guaranteed up to $250 per year to spend for supplies, materials, or equipment. The other provisions of the paragraph above shall also apply.

Section 7.12: Program Support A. Program Support Pool

1. Purpose

As a result of education reform requirements, there have been a number of functions carried out by staff beyond what their normal responsibilities include. These functions do not include directly working with students, but often deal with activities that are supportive of other staff or the program offered students. Some examples are: analyze assessment data for staff use, assist with culminating project organization, curriculum development, assist with the management of student learning plans, etc. In no way is this list all inclusive.

2. Pool of Money Available

Each school shall be allocated a pool of money as listed below for the purpose of compensating employees in the bargaining unit who are performing these education reform support roles.

Each elementary school $ 3,000 TMS, Cedarcrest, & MMS $ 4,000 10th Street $ 1,000 Heritage $ 1,000 Bio-Med, ACE, SFE, ISC, A&T, MMVHS $ 5,000 POC $ 8,000


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3. Decision-making Process

Decisions at each school as to the allocation of this money shall be done in the same manner as decisions are made under the provisions required by the contract for co-curricular pool money (Appendix E of the contract). A written proposal outlining how this money is to be allocated shall be submitted to the Assistant Superintendent and Association President by November 1.

B. Program Support Positions

1. Compensation

In addition to the positions funded through the program support pool per “A”, above, the positions on the chart below shall be paid in accordance with the stipends indicated.

GROUP OR CATEGORY YEARS OF EXPERIENCE

MG & MP

0

1

2

3

4

Advance Placement Coordinator

$2,036 $2,139 $2,245 $2,357 $2,475

*Department Heads (Language Arts, Science, Math, Social Studies, Special Education)

$1,844 $1,937 $2,032 $2,135 $2,242

*Department Heads (CTE, Fine Arts, Health and Fitness, World Languages

$1,448 $1,522 $1,597 $1,678 $1,761

INDIVIDUAL SLC (OVER 300)

0

1

2

3

4

*SLC Leads (1 per SLC)

$3,021 $3,204 $3,365 $3,533 $3,700

MIDDLE SCHOOL

0

1

2

3

4

*Department Heads, *Team Leaders

$1,844 $1,937 $2,032 $2,135 $2,242

The amounts shown by the above schedule shall be increased by the same COLA percent increase the State funds for the regular salary schedule each year of this Agreement.

2. Selection The annual selection of staff for the leadership positions included on the above schedule and marked with a “*” shall be made collaboratively by the staff and principal. For any position on the above schedule that is not marked with a “*”, this selection process shall not apply. For department heads the term “staff” refers to the employees of each department and for SLC Leads the employees of each SLC.


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ARTICLE VIII MISCELLANEOUS WORKING CONDITIONS

Section 8.1: Contract Year A. Regular Contract Year

For returning employees, the regular contract work year shall be 182 days (180 student instructional days and two (2) TRI days per Section 7.2). For employees new to the District, there will be two (2) additional days on a supplemental contract for orientation and training with pay at the employee’s per diem rate.

Individual employees shall determine the use of half of each of the TRI days and certain early release days as indicated on the calendar in Appendix A, and the District (with due consideration to the needs at each school site) or school site (in accordance with the appropriate shared decision making process) shall determine the use of the other half of each of those days. Staff at a school site may choose to use a full day for building directed work and a full day for individual employee directed work. A full day shall be recognized as seven (7) hours exclusive of lunch, and a half-day shall be recognized as three and one-half (3 ½) hours exclusive of lunch. The Labor Management Committee (LMC) will monitor the use of the TRI and early release days, and it is understood that either party to this Agreement may bring to said Committee any suggested changes in the use determination of these days as set forth above. LMC members will discuss the suggested changes in good faith and if agreements are reached to change the use determination as set forth above, they will be considered as amendments to this Agreement.

B. First Year Teacher In-service

Teachers new to the profession (less than 90 days) will be required to attend two additional days of in-service to improve student learning, prior to the beginning of school. Compensation for these two days will be at per diem contract pay for each of the days.

C. Learning Improvement Days

Should the State reinstate LIDs during the term of this Agreement, either party may reopen for bargaining the contractual terms and conditions that are to apply to any such reinstatement.

D. Calendar (Appendix A)

The school calendar for 2012-13, and related details appears herein as Appendix A. 1. Make-up of Non-student Staff Only Days

In the event of school closure due to weather or other emergency on a non-student staff only work day, the parties agree to negotiate in what manner the day is to be made up, provided that the use of the make-up day will be split between employee and District directed time in the same manner as set forth in paragraph A, above.

2. Report Periods

The calendar will reflect two grade report periods for both the elementary and secondary levels.


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3. Perpetual Calendar

If the Collective Bargaining Agreement is a multi-year contract and only the first year’s work year calendar was negotiated, the calendars for other years of the contract shall be subject to reopened negotiations. If no agreement is reached by May 1 in such reopened negotiations, the parties agree to use the guidelines below to come to an agreement. a. The first student day of school will be the first Wednesday after Labor Day. b. The second Friday in October shall be a non-contract day. c. The Winter Break shall consist of no less than ten (10) weekdays (M-F), and shall be

scheduled so there is a minimum of three (3) calendar days’ break before December 25. d. January 2 shall be a non-contract day. e. The Spring Break shall be Monday through Friday and will be scheduled so there will be

at least one (1) full week of instruction available prior to the required start date of WASL testing.

f. The last student day shall be at the completion of the 180 student-day school year. g. The following holidays shall be non-contract days:

• Labor Day • Veterans’ Day • Thanksgiving and the Friday following • Christmas Day • New Year’s Day • Martin Luther King, Jr. Day • Presidents’ Day • Memorial Day • Independence Day

h. Make-up days shall be added at the end of the school year.

3. Other Required or Optional Staff Workdays

Any other required or optional staff workdays shall be in accordance with this Agreement.

4. Reopening

The parties agree that this Section may be reopened for negotiations at either party’s request should any future law or regulation either contains requirements that make the above guidelines impossible to implement or allow additional flexibility in the staffs’ work year that either party may wish to negotiate.

5. Early Release and Late Start

See Section 8.2 paragraph C herein.


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Section 8.2: Workday A. Length of Day The contracted workday shall be seven and one-half (7 1/2) hours, including a thirty (30) minute duty-free

lunch period. Special permission for infrequent early departure may be granted by the building principal. Kindergarten teachers shall be provided fifteen (15) minutes transition between sessions.

B. Planning Time

1. Secondary Level

All secondary employees will be assigned daily planning time equivalent to one (1) class period. An exception to this requirement has been made through contract waiver annually granted to 10th Street. The parties now agree that 10th Street may continue the practice outlined on their 2010-11 waiver from year to year without the necessity of asking the District and Association for a waiver. The 2010-11 10th Street waiver is attached hereto as Appendix J.

2. Elementary Level

a. All elementary employees, including special education staff, will be assigned planning time in accordance with the following: (1) All elementary employees, including special education staff, will be assigned

planning time no less than three hundred ninety (390) minutes with the exception of the last five (5) student days of the school year. Elementary specialists shall be assigned planning time no less than a weekly average of 390 minutes. Specialists shall be assigned in such a way as to guarantee five (5) minutes of passing time between classes. This passing time shall not be counted as planning time.

(2) Two hundred forty (240) minutes of this weekly planning time shall be before the

student day, four (4) days a week. This two hundred forty (240) minutes of guaranteed planning time before the student day is not intended to prohibit PEG (Professional Evaluation Group) and student support team meetings from occurring during that time. Which four (4) days will be collaboratively determined by each elementary building. One hundred fifty (150) minutes of this weekly planning time shall be within the student day.

b. Elementary libraries shall not be open to students the last five (5) student days of the

year. c. No elementary specialist shall be assigned more than one (1) class, or portion thereof, at a

time as part of their regular assignment, unless such assignment is designed to meet the least restrictive environment provisions of a student IEP.

d. Each elementary school schedule shall include at least one (1) daily recess period of no

less than fifteen (15) minutes. This period is to be in addition to a lunch recess. This recess time is to be considered a break and is not to be counted as planning time.


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3. Time for Special Education Compliance

See Section 8.8 J herein.

4. Use of Planning Time

The planning time provided by this Section shall be utilized, as determined by the employee, for such purposes as collaborative and individual lesson planning, preparation of materials, individual conferencing with parents, students, and District personnel, correction and evaluating student work, infrequently called faculty meetings, and non-regularly scheduled duties as are determined necessary and infrequently requested by the administration.

5. Posting of Planning Time

Building principals shall assign and post each employee’s planning time.

6. Adding Teaching Section During Planning Time

At the secondary level, the District and Association agree that in some emergency circumstances when other alternatives are not feasible, it may be necessary to increase the normal amount of a FTE teacher’s instructional time by adding a teaching section during what would otherwise be their planning period. Before implementing any such arrangement, the District will notify the Association President and there shall be an opportunity for the President to discuss the matter with the appropriate administrative staff. If implemented after such discussion, the additional pay shall be set forth on a supplemental contract and shall be based upon the employee’s per diem contract rate of pay determined by dividing the length of the additional instructional time divided by the employee’s previously assigned instructional time. Under no circumstances will such an arrangement in a specific instance extend from one school year to the next.

C. Release Time Provisions

1. Early Release and Late Start Days

The calendar shown in Appendix A includes a number of early release and/or late start days. The purpose for some of those days includes parent conferencing, SLC school improvement work as determined collaboratively by the staff in each SLC, grading, and work connected with high school finals. The calendar in Appendix A indicates who controls the use of many of the early release and/or late start days. Where a purpose is not listed and also when time remains after an intended purpose has been completed, the early release and late start time available is to be used for professional purposes as determined by the employee. Staff may choose to leave work thirty (30) minutes after students are released on the day before the Thanksgiving and Winter breaks, provided this provision is modified for the 2012-13 school year due to “Furlough” time as indicated on the calendar. Said furlough time is a result of the parties’ agreement to reduce work time in approximately the same amount that the State reduced salary funding for the 2011-12 year and that continued for the 2012-13 year. Part time employees (less than 1.0 FTE) will be allowed to timesheet at their individual contract rate of pay any additional hours worked on District directed early release days beyond their normal contracted time. Kindergarten teachers who teach half-day kindergarten beyond their


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normal scheduled time on early release days will be compensated at their per diem rate for the required time beyond their regularly scheduled work day.

2. For Conferences

Formal parent conferences will be conducted in accordance with the schedule and release-time provisions found on the calendar in Appendix A.

3. For Planning and Grade Report Preparation

Early release for planning and grade report preparation shall be in accordance with the provisions found in Appendix A and consistent with the following: a. High School employees will adopt a three-day final testing schedule that provides for

early release (2 hours each day) of students following exams each day at the end of each semester except for the last day of school which is a two-hour student day.

b. Grades K-8 teachers shall have at least 2 hours of release time two (2) days per grading

report time. c. Full-time kindergarten teachers with two (2) sections shall have one half-day additional

release time two (2) times per year at grading report time. d. Report cards at the K-5 level are to be completed by the Tuesday following the last

grading day. Report cards will go home to students no sooner than two days following the above mentioned report card completion date.

4. For New Employees

New employees hired after the start of the work year shall have the option of two (2) release days (substitutes provided) or equivalent compensation to allow some orientation to the new position.

D. Job Sharing Responsibilities

Those employees in a job-sharing position shall work together to assure the fulfillment of the responsibilities normally performed by one full-time employee. Such responsibilities include staff meetings, parent conferences, and other school-directed activities. In an emergency situation as determined by the building principal, both teachers will be required to attend a meeting or activity. The decision as to whether both teachers will conference together with parents during regularly scheduled conferences will be left to the employees themselves, but if both do attend, thereby extending the day for at one of them, there shall be compensation at the employee’s per diem contract rate.

E. Report Time (Inclement Weather)

It is recognized that inclement weather conditions may prevent the timely arrival of employees for safety and/or related reasons. In such cases, when there is a delayed start time for school due to inclement weather, employees will make every effort to report to work on time, but will not be reprimanded if they arrive later than their regular time for work in consideration of safety and/or related reasons.


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Section 8.3: Course Preparations For grades 6-12, except Middle School homeroom teachers, the number of different course preparations shall not normally exceed three (3) per day. For Middle School homeroom the number of different course preparations shall not normally exceed four (4) per day. Block classes shall be recognized as two separate courses. Hi-CAP classes are to count as a single course preparation. Teachers may voluntarily agree to accept additional preparations exceeding the above limits. Participation in a teacher-student advisory program shall not be construed as a course preparation.. PRIDE shall be recognized as a class/course. A teacher exceeding three (3) different course preparations as provided above may request assistance directly to the building principal for the purposes of obtaining relief of said subject preparations and related classroom/student requirements. Assistance will be provided consistent with the needs of relief to which the teacher and the administration agree. Such relief may include release time. Section 8.4: Split Classes Elementary teachers will not be assigned to a split class for two (2) consecutive years unless the teacher voluntarily accepts this assignment. If there is an extra specialist block of time, a teacher of split classes will have the opportunity to have their students assigned to that block to allow additional time for preparation. Teachers of split classes may decline thie extra planning time. Section 8.5: Covering Classes A. Secondary Employees

Secondary employees shall not be required to cover classes during their preparation time, but may choose to do so on a voluntary basis. An employee accepting such additional duty shall be paid at an hourly rate of $36.00. In the event a teacher substitute shortage results in a secondary classroom teacher assuming responsibility for an additional class, i.e. their own class and another teacher’s class or portion thereof at the same time, that teacher will be paid $30 for each period that this situation occurs.

B. Elementary Employees

In elementary schools, each building will develop a plan for classroom coverage when there is a substitute shortage. In the event a teacher substitute shortage results in an elementary classroom teacher assuming responsibility for an additional class, i.e., their own class and another teacher’s class, or portion thereof, at the same time, that teacher will be paid $150. If two or more teachers assume the responsibility for the class, the pay will be evenly divided.

Any elementary employee who loses their planning time due to the lack of a substitute will be paid at the hourly rate of $36.00.

C. If Assigned Away from Normal Duties

Any employee who because of a shortage or unavailability of substitutes is temporarily reassigned away from their normal duties will be compensated in the amount of $36 up to a half day, and $72 if over a half day.


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D. Coverage for Administrator Absence

When there is no elementary building administrator or building TOSA available or present at an elementary school, there shall be a designated certificated employee who fills in during that time known as the Principal Designee. Release time as needed will be provided that individual. The Principal Designee will be compensated by receiving an annual stipend of $1,200. When there is no secondary building administrator available or present at a secondary school, there shall be a widely communicated plan designating which employees will fill in during that time. This includes but may not be limited to security personnel, SRO officer, or other designated staff. Plans for building coverage will be submitted every September to the Assistant Superintendent and Association President. The District will make reasonable efforts to minimize the number of times administrators must be absent from their school, including holding after school day meetings rather than during school day meetings.

Section 8.6: Duty Supervision Elementary employees shall not be required to provide assigned supervision of students at times or places such as, but not limited to: before or after school, during lunch or recesses, or in bus or parking areas. Section 8.7: Class Load Assistance Program-General Education The parties agree that class sizes for teachers have an impact on employees’ workload as well as the instruction and assistance students receive. The parties also agree that the unique mix of students in any particular class has an impact on workload and instruction. It is the intent of class load assistance money to assist the teacher in meeting the needs of current students that result from overloads and/or to compensate teachers who have an overload. The parties agree that overloads are best handled by hiring additional staff. However, if that is not possible as determined by the District, then relief assistance for classroom teachers shall be provided as set forth below:

A. Relief Unit Defined

A relief unit shall be defined as one (1) hour of para-professional (Para) time, or in lieu of Para time, the employee may elect to convert the equivalent amount of time at the Para hourly rate for (1) the purchase of substitutes, up to two days per month, to provide release time; (2) the purchase of supplies, materials, or equipment; (3) field trips; or (4) compensation to the employee.

B. Ownership/Possession of the Equipment

As with any equipment or materials purchased with District funds, the District is the sole owner of the equipment and therefore all equipment will be inventoried and considered District assets. However, any equipment purchased through overload money shall remain in the possession of the teacher on school district premises to whom the overload dollars were originally allocated until such time that the teacher should retire or leave the District with the exception of equipment purchased through the pooling of overload funds by two (2) or more teachers. In this event, if there is a transfer or reassignment of one of the teachers who pooled funds for equipment purchased and there is unresolved conflict over who should remain in possession of that equipment, the issue will be forwarded to the site decision-making team for final resolution.


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C. Calculation of Overload in Special Cases

1. Team Teaching

When two (2) teachers combine their total students throughout the entire day, the class load for each teacher will be calculated by dividing the total combined number of students in both classes by two (2).

2. Multi-age/multiple Grade Classes

When a teacher has a multi-age/multiple grade classroom, the total number of students will be the teacher’s class load (with no division by grade).

a. If this is a multiple grade or multi-age combination of third and fourth (primary and

intermediate) grades, the relief unit will begin to be applied at the ratio of 26.0 student load per teacher (the mid point between the primary and intermediate overload numbers).

b. In the event that a multi-age classroom is formed with three (3) grades spanned, overload

will be calculated on either the primary or intermediate scale depending on where the predominate number of grades would occur (a three, four, five would be intermediate; a two, three, four would be considered primary).

D. Important Dates for Calculating Overload

The monthly snapshot dates for overload will be the first working day of that month, with these exceptions:

a. the count for overload in the month of September will be September 15 (if September 15 falls on

a weekend, the count will be the following Monday);

b. the count for overload at the beginning of second semester shall be the fifth student day.

Assistance shall be provided and adjustments made based on student counts on a monthly basis September through May. No overload funds will be provided for the months of August and June. However, if teachers have been utilizing EA time as their overload option, the teacher may request that the EA continue until the end of school.

E. Student Count

Students who are officially on a class roster on the count day are the only students that may be considered part of the teacher’s class load. Only students who are part of the regularly attending class can be counted towards overload. Students who have been long-term suspended, expelled or withdrawn (even if their name has not been officially taken off the class list) may not be counted as overload. Students assigned to the classroom to provide assistance to the teacher (e.g., TAs) will not be included in the class counts used to calculate for overload.


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F. Requests for Overload Relief

All overload relief requests must be submitted to the building principal by the third working day of the month (except in September where it would be two days after the snapshot day). In the event that a teacher misses the cutoff date, overload funds will not be available for that month for that teacher.

G. Purchase Orders

All purchase orders must be submitted by June 1 to be considered for payment. No overload money will be carried over to the next year.

H. Maximum Class Loads

1. No regular classroom shall contain more than one (1) IEP BD student at any one time, unless

otherwise determined by the Individualized Education Plan Team (IEP). 2. The District will provide a written report to the Association President by October 15 and

February 15 each year that outlines what current intervention classes exist and the number of students included in each of those classes.

I. Relief Assistance

Relief units shall be allocated when class sizes reach the levels indicated on the following charts. The District will treat each kindergarten session (AM or PM) separately, and each session will get half pay for the overload.

1. Elementary

Class Load Primary Intermediate 25 1.0 26 1.5 27 2.0 28 3.0 1.0 29 4.0 1.5 30 5.0 2.0 31 6.0 3.0 32 6.0 4.0 33 6.0 5.0 34+ 6.0 6.0

2. Secondary (Regular Classes)

Secondary teachers will receive overload based on whichever of the two sets of triggers in paragraphs “a” and “b” below, i.e., the total load or the individual class size load, generates the most relief. Block classes shall be counted as two (2) classes and PRIDE shall be considered a class.


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a. Total Daily Loads

Secondary Regular Total Class Load

Secondary 5 Periods

Secondary 6 Periods

151-155 1.0 156-160 1.5 161-165 2.0 166-170 3.0 171-175 4.0 1.0 176-180 5.0 1.5 181-185 6.0 2.0 186-190 6.0 3.0 191-195 6.0 4.0 196-200 6.0 5.0 201-205+ 6.0 6.0

b. Individual Class Sizes

Secondary Regular Individual Classes

34+ 1.0

3. Secondary (PE, Music/Band)

Secondary PE, Music/Band Total Class Load

SecondaryPE

Secondary Music/Band

183-192 1.0 0 193-202 2.0 0 203-212 3.0 1.0 213-222 4.0 1.0 223-232 5.0 2.0 233-242 6.0 2.0 243-252 6.0 3.0 253-262 6.0 3.0 263-272 6.0 4.0 273-282 6.0 4.0 283-292 6.0 5.0 293-302 6.0 5.0 303 - + 6.0 6.0

J. Elementary Specialists

When 20% or more of the regular classes in a school are in an overload status for any given month, elementary specialists will receive 20% of a relief unit that may be accumulated for any month this situation exists and will be paid twice per year.


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K. Exceptions

Any exceptions to the relief assistance specified in this Section must be agreed to in writing by the Association and District.

L. Para Assistant Time

The Para assistant time provided by this assistance program is to be in addition to the Para time which normally has been provided by the District.

M. Allocation of Resources

The District will monitor the expenditures connected with this program and provide periodic reports to the President of the Association.

N. Special Education Students and Inclusion

1. Staff Development

Should a building decide to use an inclusion model, adequate staff development for general education and special education staff will occur prior to implementation. If a building should already be in an inclusion model as of the effective date of this Agreement, then staff development for general education and special education staff will be provided if there has not been such adequate staff development provided in the past. The District’s staff development assurance shall be on an on-going basis as staff assignments change, current staff leave, or new staff arrives. Implementation of the inclusion model will be monitored by the LMC.

2. Assignment of Special Education Students

When IEP identified students are assigned to general education classes, it will be done in an equitable manner, with special consideration for the nature and extent of the disability, so that no single general education teacher’s class is impacted with a greater number of said students when there are other alternative assignments that could be made. In the Spring of each year, students will be equitably placed among the general education teachers at each school for the following year. This understanding does not preclude a building team from adopting an inclusion delivery model, including blended/transition classrooms, where IEP students are centrally assigned and resources allocated. The team shall include all staff directly impacted by the decision.

3. Role of General Education Teacher

The general education teacher of the child, as a member of the IEP team, shall participate in the development of the IEP including the determination of appropriate behavioral supports, supplementary aids and services, program modifications and specially designed instruction. The general education teacher and the special education teacher work as a team to make decisions regarding the child’s program. They hold joint responsibility to assist the student in achieving his/her IEP goals and objectives. General education teachers shall not be responsible for writing the Individual Education Programs (IEPs).


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4. Notification and Receiving Special Education Students

a. During the school year, any placement of a known IEP student into a general education classroom must involve notification of the receiving teacher.

b. When possible, all newly enrolled IEP students will be equitably apportioned among the

general education teachers.

c. When possible, every effort will be made to obtain background information on new students before assigning students to a classroom/schedule if the IEP team has not met with the teacher to develop an appropriate IEP. This information shall include the following:

(1) Overall academic levels; (2) Nature of disability and any related information; (3) Supplementary aids and services to be provided; (4) Procedure to obtain special education records; (5) Any related information on a need-to-know basis.

5. Discipline of Special Education Students

See Section 5.7 of this Agreement and/or Board Policy 2161.

O. Overload of Special Needs Students (not limited to special education students) in Regular

Classrooms Assistance of no less than $100,000 or no more than $135,000 each year of this Agreement will be provided to schools in recognition of the impact of special needs students (not limited to special education students) in the general education classroom, in accordance with the following: 1. Weighted overload funds (per pupil allocation) will be allocated to schools based upon confirmed

enrollment of students eligible under supplemental grants programs (i.e., English Language learners, special education, Title I and LAP, and Section 504 of the Rehabilitation Act of 1973, or based on their status as homeless or migrant students).

2. This allocation will be distributed 60% to elementary schools and 40% to secondary schools. An

initial allocation of 30% of the funds will be made available in school budgets, effective September 1. An additional allocation of 30% of the funds will be allocated by October 10th, after confirmation of the October 1 count. The final 40% of the funds will be allocated by February 10th, after confirmation of second semester enrollment.

3. The funds can be used to provide support to any students that a school committee believes has

special needs and can benefit from expenditure of this money. If the funds are utilized in support of students with disabilities, the IEP team may need to reconvene to determine whether this service modification should be reflected in the IEP. The school committee will be comprised of the school principal (or vice principal) and MEA members. At least two-thirds of the MEA members will be classroom teachers.


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P. Grade 9-12 Science Classes The number of students in any grade 9-12 science class shall not exceed the number of functioning lab stations available based on two (2) students assigned to each station.

Q. Cap on Overload Assistance

In the event of a showing by the District to the Association of a significant economic hardship, the District may implement a cap of $275,000 for the total overload cost for the 2011-12 and 2012-13 school years resulting from implementation of this Section. This provision will be sun-setted at the end of the 2012-13 school year. For the 2012-13 school year, the District will allocate one half of the total cap during the first semester, and the second half during the second semester.

Section 8.8: Case Load Responsibility for Special Education Staff, SLPs, OT’s and PT’s A. District Support and Expectations

The additional support and compensation referenced in this Section is in recognition of the time required to fulfill job responsibilities and also for compliance with the following expectations and to support the academic and social success of special education students in the general education classroom. 1. Special education teachers and related services staff will attend the District-sponsored Special

Education Program training (two hours) annually. Professional development that is District directed by LSS will occur on District directed time, not teacher directed time.

2. IEPs will be prepared consistent with District Special Education Procedures that are aligned with

Washington State standards (PEs), state WACs, and federal code. 3. Student performance will be monitored, documented, and reported based upon established IEP

goals. B. Special Education Caseloads and Overload Relief

Schools will be expected to establish master schedules which do not result in an overload for one teacher while other teachers in the same program at the school remain under the basic staffing unit caseload triggers in the chart below. The procedure to determine caseload is to count the students who are receiving special education services and are assigned to a caseload manager on the count day. All programs, whether building based programs, self-contained classrooms, or related service providers shall have their relief and support provided using the same authorization procedure as all other staff in their respective buildings or work sites. Caseload relief will be implemented monthly as for all other staff. There will be no shifting of certificated staff between schools except based on the October and March caseload counts. Daily overload relief when base caseload goal numbers are exceeded in categories 1 through 6 below shall be, at the employee’s option, in the form of .5 para hours or compensation for each additional 2 students over the caseload goal number. Daily overload relief when base caseload goal numbers are exceeded in 7 and 8 below shall be, at the employee’s option, in the form of 2 para hours or compensation


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for each 2 additional students over the caseload goal number. Compensation shall be based on the para rate as mutually agreed on by the parties to this Agreement. It is agreed that a caseload that is slightly fewer than the “base caseload goal” established for each category shall not automatically result in a conclusion the teacher is working with less than a full case load. It is agreed that the District will maintain a budget that will allow the LSS Directors to allocate additional para time beyond that specifically provided in this Section. Such additional para time will be allocated based on review of the specific needs that justify such additional time.

1. Elementary Resource Room

Base caseload goal Up through 27 Minimum daily Para time 4 hours

2. .5 FTE Elementary Resource Room


3. Middle School Resource Room and High School Modified Block


4. .5 FTE Secondary Resource Room


5. Special education preschool

Base caseload goal Up through 12 a.m. session and 12 pm session Minimum daily Para time 3 hours per session 4 days a week

6. 18-21 program

Base caseload goal Up through 34 Minimum daily para time 9 hours

7. Specialized programs (medically fragile, behavior, and autism)


8. Specialized programs (other low incidence)



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9. Occupational Therapist

The term “caseload” below shall mean the number of students who are provided direct services, as part of an IEP. Base caseload goal Up through 35

When all caseloads reach an average of 37 students per FTE employee for one (1) month (count day to count day), the District will post an additional OT position to restore caseload numbers to no more than 35 students.

10. Physical Therapist

The term “caseload” below shall mean the number of students who are provided services as part of an IEP. Base caseload goal Up through 30

When all caseloads reach an average of 32 students per FTE employee for one (1) month (count day to count day), the District will post an additional PT position to restore caseload numbers to no more than 30 students.

11. Speech/language Pathologist

The term “caseload” below shall mean the number of students who are provided direct services, as part of an IEP. Base caseload goal Up to 50 (un-weighted) Para time Para time will be provided during

hearing screenings.

When all caseloads reach an average of 52 students per FTE employee for one (1) month (count day to count day), the District will post an additional SLP position to restore caseload numbers to no more than 50 students. SLPs will not be assigned to more than two (2) schools.

C. If Less than Full Time

Paragraph B, above, except for the .5 FTE elementary and secondary resource rooms, assumes a 1.0 FTE position. The guaranteed support for less than a 1.0 FTE position will be proportionately reduced based on the employee’s FTE status.

D. Additional Compensation

All 1.0 FTE credentialed special education staff (Educational Staff Associates and teachers) will receive 25 hours of pay at their individual per diem contract rate in recognition of their work within professional evaluation groups, special meetings with outside agencies, in addition to writing and explaining IEPs, and the delivery of extended instruction and management of students.


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E. Use of Para Professionals

The para hours are allocated to the special education program model for providing direct instructional and therapy services to students with disabilities. After consultation with the principal that results in mutual agreement, it is the responsibility of the case manager to assign para time to meet the IEP needs of the students on their caseload either in general ed or special ed settings. It is understood that special education professionals need to plan and confer with the paras who support the students on their caseload.

F. Itinerant Special Education Staff

When assigning caseloads, due consideration will be given to itinerant special education staff who serve more than one (1) school.

G. Determination for Staffing

The determination for special education certificated and non-certificated staffing where applicable will be made by May 1 of each year for the following school year. The Learning Support Services Department will provide the Association President with a copy of the initial special education budget no later than May 1 15 of each year (unless the legislature is still in session or expected to reconvene). The purpose is to confirm the allocation of certified special education staff and special education building budgets for the following school year. The cycle for review for staffing adjustments will occur in August, October, and February of each year. A report of this review will be provided to the Association President by the 20th of the following month.

H. Coverage of Provider Caseloads for Non-endorsed Teacher on Staff Medical Leave

When a service provider agrees to accept IEP case coordination responsibilities for a non-endorsed teacher or IEP/evaluation case coordination responsibility for a staff member on extended medical leave, or for an unfilled position, a supplemental contract will be provided for up to six (6) days at per diem rate. The specific amount of compensation shall be determined by mutual agreement between the Association President and Assistant Superintendent with due consideration given to the additional responsibilities assumed. Compensation beyond the six (6) days will also be considered especially based on the duration the employee assumes the additional workload.

I. Para Two Substitute Pool

The District will maintain an adequate number of trained para two substitutes to cover absences in District self-contained programs. The number of filled and unfilled para two absences shall be reported to LMC at their regular monthly meetings. The District shall provide training for these substitutes a minimum of two (2) times a year.

J. Time for Special Education Compliance

The Principal will see that monthly planning occurs at each school for special education compliance (i.e., IEPs, evaluations and re-evaluations, as well as state evaluations such as WAAS). Elementary and secondary resource room staff will be provided at least three (3) hours a week within the student day to meet compliance requirements. Elementary self-contained staff will be provided compliance time at their request when needed by working with the Special Education services Director to provide coverage. Secondary modified block and blended program teachers will be provided compliance time within their


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daily schedule, or, if not provided within their daily schedule said employees shall be guaranteed up to eight (8) days of release time (substitute provided). The intent is to ensure that special education teachers and related service staff have adequate time built into their weekly schedule to allow for completion of assessments and reports related to annual updates, evaluation and re-evaluation of students.

K. Low Incidence Staffing

1. Student to Adult Ratio (Secondary Low Incidence)

The student to adult ratio in these classes shall be a minimum level of support of 6:1. Individual IEP needs may require supports beyond this level.

2. Elementary Low Incidence Staffing

If caseload numbers for elementary District self-contained programs (e.g., low incidence, BIP) reach 15, the District will add an additional class provided: (a) all other case loads of similar programs have been balanced at that site, and (b) the Special Education Directors have been involved and will make the final decision.

L. Mentoring and Inservice

1. Special education staff who are new to a special education position will be provided on-going

mentoring and support regarding specifics of the particular population and expectations related to serving those individuals and fulfilling expectations of the position. This support will begin in September, or immediately for those hired mid year. This support will be a minimum of 10 hours during the first year.

2. Special education staff new to the District will be provided on-going training and mentoring

regarding IEP online, assessments and any other District specific expectations. This support will begin in September, or immediately for those hired mid year. This support will be a minimum of 10 hours during the first year.

3. Training will be provided in any specific curriculum areas required by the District.

Section 8.9: Assistance for Non-compliant Students The District recognizes that some students can cause disruption and require additional attention and/or supervision. Each school will develop a process to access funds to deal with these concerns. The District will maintain the following level of support:

A. Maintain a full-time school counselor at each elementary. B. Train a cadre of counselors, special education teachers, TOSA’s, and para-professionals in

behavior management techniques to be available when necessary to help with student problems. C. A pool of dollars shall be created based on the formula of $4,000 per elementary school, $2,500

per secondary campus, and $750 for MMVHS. These funds shall then be allocated each year on the basis of the prior year's average enrollment at that school.


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It is understood that the role of the school counselor with regard to non-compliant students referred to in this Section is not to include a role in assigning any disciplinary consequences. 8.10: Substitute Requests When an employee is to be absent he/she may request a specific substitute teacher for his/her classroom duties. The District will attempt to honor the request in consideration of availability of substitutes, in accordance with legal requirements. Section 8.11: Librarians A. Conferences

At least half the District’s elementary librarians will be able to attend their annual statewide conference. Preference will be given those librarians who did not attend the previous year.

B. Formula for Additional Resources for Elementary Libraries

The following formula shall be used to trigger additional resources or support for the elementary libraries:

1. Considering the entire range of the student day, there are a possible 375 minutes per day to serve classes or 1,875 minutes per week.

2. From the 1,875 minutes deduct 150 minutes per week (30 minutes each day) for

librarians’ duty free lunch, the same number of minutes per week as elementary teachers receive for planning time per Section 8.2, B 2 herein, and 150 minutes per week for guaranteed library management time. This results in a number of minutes per week to serve classes.

3. Multiply 55 minutes (5 minutes of passing time plus 50 minute blocks) times the number

of classes a librarian teaches each week. 4. Take the result per week from paragraph 3, above, divided by the number of minutes per

week to serve classes to determine a percent of capacity. Any elementary school library over 100% capacity will get additional resources. Additional resources shall include, at the librarian’s option, para professional time, or release time, or in lieu of para professional time or release time an amount of compensation equivalent to what it would cost for para professional time or release time.

The management period referenced above shall not be in blocks of time less than twenty (20) minutes.

Section 8.12: Reading Teachers/Coaches The District shall guarantee at least one FTE reading specialist at each elementary school to work directly with students and in a reading coach capacity with teachers. The proportion of time spent in these two capacities shall half time working with students and the other half working in a coaching capacity with teachers.


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Section 8.13: Counselors In accordance with RCW 28A.410, the purpose and role of the school counselor is to plan, organize, and deliver a comprehensive school guidance and counseling program that personalizes education and supports, promotes, and enhances the academic, personal, social, and career development of all students, based on the national standards for school counseling programs of the American school counselor association. Except in emergency circumstances, counselors shall not be required to perform ancillary duties that are not a part of their responsibilities as a school counselor based on their job description. This includes, but is not limited to teaching classes, such as elective or academic classes (excluding guidance lessons), and assigning disciplinary consequences or notifying parents of disciplinary action. It also includes assigned supervision, such as lunch, breakfast or bus supervision, provided this does not preclude counselors from volunteering for these activities. School counselors may be involved in interventions for students, including special education students. Any written job description for counselors shall be mutually agreed to by the District and the Association. The District will strive to maintain a staffing level for school counselors at a district-wide average ratio of no more than one (1) FTE school counselor for each 450 students enrolled. Section 8.14: Psychologists The District will strive to maintain a staffing level for school psychologists at no more than one (1) FTE school psychologist to each 1,000 students enrolled. School psychologists shall be provided a pool that averages at least one (1) hour clerical support per 1,000 students per week. The psychologists will be responsible for scheduling this clerical support.

Section 8.15: Required District Assessment/Testing A. General

The use of standardized and classroom-based (formative) assessments have increased in recent years. Though the results of such assessments should be helpful in making instructional and curricular decisions, the administration, scoring, and analysis of such assessments/tests can have a significant impact on the workload of employees. Therefore the parties will review assessment requirements on a yearly basis to determine whether there needs to be modifications or additions to the provisions provided by this Section.

B. Current Required and Voluntary Standardized and Classroom-based Assessments

Appendices F 1 (Elementary Assessments) and F 2 (Secondary Assessments) herein are lists for the 2012-2013 school year of the standardized and classroom-based assessments that will be administered during the year and the timeframe for doing so. This includes all assessments required by law or regulations, required by the District, and any such assessments not required but voluntarily implemented due to decision-making for example, but not limited to, the school level. No other standardized or district-wide classroom-based assessments than those listed in Appendices F 1 and F 2 shall be administered unless mutually agreed by the District and Association. However, nothing in this section is intended to address or limit the use of individually or collaboratively generated student assessments at the school or classroom level.

C. Grading and Reporting


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Report cards will be issued K-12 twice a year, at the end of the first semester in January and at the end of the school year in June. Elementary teachers will share student progress at Fall and Spring Conferences as well. Secondary teachers will be expected to enter grades into EA+ at a minimum every two weeks. For grades 6-12, progress reports will be sent home at 9 weeks and at 27 weeks by school administrators.

D. Review through Labor Management Committee

Periodically during each school year the Labor Management Committee will review the workload impact stemming from the use of standardized and classroom-based assessments. By mutual agreement the parties may enter into agreements, including, but not limited to, amendments to this Agreement during its term, that are designed to address any such workload issues, and also to update on an annual basis the list provided by Appendices F 1 and F 2.

E. Reopen for Bargaining

The Association and District shall each have the right on an annual basis to reopen this Section of the Agreement for bargaining. If such right is to be exercised notice shall be provided to the other party no later than April 1

Section 8.16 Professional Learning Communities The District and Association have a common interest in creating/developing PLCs in our District as an important way to improve student learning for all students. The term PLC or Professional Learning Community, based on a definition by DuFour and DuFour is “an ongoing process in which educators work collaboratively in recurring cycles of collective inquiry and action research to achieve better results for the students they serve. The process of successfully developing and implementing PLCs requires commitment to resources such as time and training as well as a commitment to reflective practice and an action/results orientation. PLCs plan and conduct their learning/work to address the following questions:

A. What exactly do we expect all students to learn? B. How will we know if and when they’ve learned it? C. How will we respond when some students don’t learn? D. How will we respond when some students have already learned?

During the 2012-13 school year, the District and Association worked jointly through the LMC to learn more about PLCs and develop a framework and guidelines for teachers and administrators in creating PLCs to address student learning for all students. The parties additionally have utilized the bargaining process and have agreed to the following:

"Professional Learning Community" ("PLC") is a collaborative team process based on participants reaching consensus on their missions, values, norms, and goals. Collaborative discussions around shared-goals, shared decision-making and shared-responsibility are foundational. In a PLC, staff collaboration focuses on data review and analysis in order to develop high quality curriculum, instruction, interventions, and assessments with the goal of improved student learning.

Establishing effective PLCs shall be done using the following parameters. If such parameters are not present, additional professional development and discussion may need to occur prior to implementing PLCs at a school site. Once the decision to implement PLCs has been made, but before implementation occurs, PLC participants will receive professional development around PLC structures, norms, processes, etc.


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• Participation in school site PLCs shall be a collaborative decision between PLC members and the principal.

• Examine student assessment systems and data relevant to the school site, grade level, and/or department;

• Discuss or consider appropriate instructional interventions, modifications, and/or differentiation options; and,

• Undertake other matters as agreed-on by the PLC at the school site. • Agendas and operating norms for each PLC meeting will be established through a collaborative

process determined and agreed-on at each school site. • Professional development needs are determined within the PLC, and then provided through the

PLC structure or other agreed upon means.

Time for Professional Learning Communities

Effective PLCs must be provided consistent time within the school schedule/calendar. We recognize that schools often have different needs that impact the weekly schedule; as such the following options for PLC time are available. A PLC schedule/calendar shall be adopted and provided to PLC members for the entire school year.

• School sites that collaboratively agree to form PLCs shall have 10 early release Professional Growth days (those designated as district directed) available for PLC use. PLC days will become District directed days for staff who decide not to participate in PLCs.

• Elementary schools may designate one day per week for PLCs in lieu of a weekly staff meeting. • Schools may create schedules that embed PLC time within the student day, as is done at Totem

Middle, and Quil Ceda/Tulalip Elementary.

In the event not all of the scheduled PLC time is utilized for the designated purpose or activity on a PLC day/period, teachers may use the remainder of the time for instructional preparation.

Joint PLC Oversight

The Labor Management Committee shall serve as a district-wide oversight committee to monitor progress of the various school site PLCs and resolve any issue that impedes the performance of a school site PLC.


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ARTICLE IX: EVALUATION Section 9.1: General Provisions A. Copy of Procedures

The District will furnish all certificated employees with a copy of the evaluation criteria, procedures, and forms.

B. Orientation

Employees will be oriented to the process and procedures for evaluation.

C. Evaluator

Employees shall be evaluated by the building administrator and/or his/her designee. An employee may request a preference for an evaluator when there exists a need for assistance to the building administrator. An employee shall also have the right to request through the Association President to the Human Resources Executive Director a different evaluator than the one that is initially assigned. Administrative assistants and administrative interns shall not be designated evaluators.

D. Evaluation Processes to be Used

There are three (3) evaluation processes that may be used: 1. The regular (or long form) evaluation process described in Section 9.2; 2. The short form evaluation process described in Section 9.4; and 3. The professional growth option (PGO) described in Section 9.5. The Evaluation Selection Form, Appendix I-1, shall be used to document which evaluation process is to be used for each employee each year. After an employee has four (4) years of satisfactory evaluations under the regular evaluation process, an administrator may use the short form evaluation process. If an employee is eligible for the short form evaluation process, the employee may request the professional growth option (PGO). The regular evaluation process shall be followed at least once every five (5) years and an employee or evaluator may request that the regular evaluation process be conducted in any given school year.

Section 9.2 Regular (Long Form) Evaluation Process The regular evaluation process shall include:

A. Criteria and Indicators

Evaluation shall be based on the appropriate criteria and indicators listed in the "Evaluation Criteria" herein.


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B. Observation Time Each employee shall be observed for the purpose of evaluation at least twice in the performance of their assigned duties. Total observation time for each employee shall not be less than sixty (60) minutes. New employees shall be formally observed at least once for a total observation time of at least thirty (30) minutes during the first ninety (90) calendar days of employment. No employee shall be placed on probation unless a minimum of three (3) formal observations were conducted.

C. Formal Observation

At least one (1) of the observations shall be a pre-arranged formal observation. Employees will be given no less than three (3) work days notice as to when a formal observation is to be conducted.

1 Pre-observation Conference

A pre-observation conference between the evaluator and evaluatee shall be held if requested by the employee or the evaluator. For classroom teachers the Appendix I-2 form shall be completed at said conference, one copy of which to be provided to the employee.

2. Minimum Time

A formal observation shall consist of not less than twenty (20) minutes focused on some or all of the evaluation criteria and indicators.

3 Post Observation Conference

A post-observation conference between the employee and evaluator shall be held within a week of the observation, with follow-up conferences as agreed.

D. Observation Summaries

After each of the two (2) required observations, there will be a written observation summary prepared by the evaluator with the employee receiving a copy within ten (10) days after the observation was held. Said summary shall be prepared on the appropriate form, Appendix I-3 or Appendix I-4. Observations that are documented by the evaluator are to be separated by at least ten (10) workdays to allow meaningful preparation by the employee.

E. Informal Observations Informal observations focused on some or all criteria or indicators may be held at any time during the performance of assigned duties. These observations do not require pre-arrangement, pre-conference or post-conference. If there is an area of concern based upon such informal observation, the employee shall be notified in writing by use of the appropriate form, Appendix I-3 or Appendix I-4.

F. Assignment Outside Area of Training/Endorsement Employees placed in a partial assignment outside their area of training/endorsement, will not be evaluated in that area unless they have had at least one full year of experience in that assignment. Though not likely to occur, if an employee’s total assignment is outside their area of training/endorsement, the evaluator will give due consideration to that factor, and for the future the District, in consultation with the


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employee, will make a reasonable effort through reassignment or other steps to ensure the employee is assigned to a position for which the employee has training/endorsement.

G. Final Evaluation and Conference

Upon completion of the required observations and conferences described above, the evaluation summary will be completed and reviewed at a conference between the employee and the evaluator. This conference is not to be the same conference as referred to in paragraph C-3, above. Said summary shall be prepared on the appropriate form Appendix I-5 or Appendix I-6. The employee shall receive a copy of the final evaluation summary at the conference unless as a result of the conference revisions are to be made. In this case, a copy of the revised evaluation summary shall be given to the employee no later than ten (10) days after the date of the conference. In no event shall the final evaluation summary be completed and a copy provided to the employee later than the end of the first full school week in June.

H. Prerequisite for Unsatisfactory Final Evaluation

An "unsatisfactory" may not be included in the final evaluation (i.e., evaluation summary) of an employee unless the concern(s) has been previously presented to the employee in writing, and suggestions for improvement indicated. A plan/program of improvement is only to be used if an employee is placed on probation. References to a plan/program of improvement in any observation or evaluation documents may only be made if an employee is on probation. However, said documents may be used by the evaluator to indicate any concerns and to make suggestions for improvement.

I. Right of Employee to Respond

If the employee disagrees with any of the written reports of observations and/or evaluation, the employee may submit a statement concerning the points of disagreement to be attached to the report.

J. Probation

1. Continuing Contract Employees

The evaluation process thus far outlined above having been completed, a continuing contract employee whose work is judged unsatisfactory, based on the evaluation criteria contained herein, may be placed on probation in accordance with the "procedure for probation" outlined below.

2. Provisional Employees

Provisional employees shall be specifically excluded from this probationary procedure, provided, before non-renewing any provisional employee for alleged performance deficiencies, the evaluator shall have made efforts beyond the minimum requirements of the evaluation process contained herein to assist the employee in remediating said deficiencies. The District will give notice to the Association President when there is a significant concern regarding the performance of a provisional employee. It will be the District’s continued practice to provide, in a timely manner, an informal improvement plan to the employee prior to any decision to non-renew a provisional employee. The Association President shall be given notice of, and shall have a right to attend any meeting held at which this informal improvement plan is presented to the employee.


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Section 9.3: Procedure for Probation In the event that the evaluator determines that an employee is not performing satisfactorily as a result of the process outlined in Section 1, the Superintendent, after October 15, shall notify the employee in writing of the specific areas of deficiencies along with a reasonable program for improvement. The program for improvement shall clearly set forth in writing specific measurable objectives designed to assist the particular employee to overcome the specific concern(s) and specifically set forth by name those persons who shall be involved in assisting the employee in overcoming the concern(s). The following provisions shall also apply to the probationary process:

A. Length of Probationary Period

A probationary period of sixty (60) school days shall be established. B. Purpose of Probationary Period

The purpose of the probationary period is to give the employee opportunity to demonstrate improvements in his/her areas of deficiency.

C. Evaluator and Employee Meetings

During the probationary period, the evaluator shall meet with the employee at least twice monthly to supervise and make a written evaluation of the progress made by the employee. The employee shall have the right to have an Association representative present at all pre-observation and post-observation conferences if the employee so desires..

D. Additional Evaluator(s)

The evaluator may authorize one (1) additional certificated employee to evaluate the probationer and to aid the employee in improving his or her areas of deficiency. This provision, however, shall not negate the probationer’s right to have other individuals of his/her choosing to observe his/her performance.

E. Outcomes of Probation

The probationer may be removed from probation if he/she has demonstrated improvement to the satisfaction of the principal in those areas specifically detailed in his/her initial notice of deficiency and subsequently detailed in his/her improvement program. Lack of necessary improvement shall be specifically documented in writing with notification to the probationer and shall constitute grounds for a finding of probable cause under applicable state statutes.

F. Option of Reassignment

Immediately following the completion of a probationary period that does not produce performance changes detailed in the initial notice of deficiencies and improvement program, the employee may be removed from his or her assignment and placed into an alternative assignment for the remainder of the school year. This reassignment may not displace another employee nor may it adversely affect the probationary employee’s compensation or benefits for the remainder of the employee’s contract year. If such reassignment is not possible, the District may, at its option, place the employee on paid leave for the balance of the contract term.


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Section 9.4: Short Form Process After an employee has four (4) years of satisfactory District evaluations under the regular process, an administrator may use a short form of evaluation as allowed by RCW 28A.405.100 (5) in lieu of the process set forth above. The Short Form Process may be used in conjunction with the Professional Growth Option. The regular evaluation process shall be followed at least every five (5) years and an employee or evaluator may request that the regular evaluation process be conducted in any given year. A. Mutual Agreement Required

Placement on the Short Form Process requires mutual agreement by both the employee and the evaluator.

B. Notification

If an evaluator intends to offer the Short Form Process the evaluatee shall be notified in writing prior to the beginning of the process, said notice to include which of the two (2) options allowed by paragraph C below, is to be used. The evaluatee may request the regular process at that time.

C. Options

The evaluator shall offer one of the two options below for the short form process:

1. The completion of the Short Form Evaluation based on one pre-arranged observation of no less than 30 consecutive minutes during the school year with a written summary. The appropriate form, Appendix I-3 or Appendix I-4, shall be used to document the observation.

2. A final evaluation report based on Evaluation Criteria herein and two observation periods during

the school year totaling at least 60 minutes without a written summary of such observations being prepared. The form, Appendix I-7, shall be used for the final evaluation report.

D. Parts of Regular Process Apply

The following procedural requirements of the regular evaluation process shall apply:

1. Appointment of evaluators, and

2. Pre-arrangement with the employee of the observation time and date. E. Restriction

The Short Form Evaluation process shall not be used as a basis for determining that an employee's work is unsatisfactory, nor as probable cause of the non-renewal of an employee's contract under RCW 28A.405.210.


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Section 9.5: Professional Growth Option

A. Eligibility for Short Form Required

If an employee is eligible for the short form evaluation options, he/she may alternatively request to participate in the Professional Growth Option (PGO). The employee may request the PGO by use of the form shown as Appendix I-8.

B. Purpose of Professional Growth Option

The Professional Growth Option is a form of professional assessment in which the emphasis is on enhancements and improvements in job-related skills, techniques, and abilities. Such participation is not the basis for summary evaluation of the employee's performance minimum competency. Information gathered during the formative evaluation track, or Professional Growth Option may not pass to the summative evaluation process.

C. Professional Growth Plan

If this option is chosen, the employee, with the aid of his/her supervisor, shall seek to develop a professional growth plan consisting of three to four goals, strategies, or objectives designed to promote professional growth and improve instruction, and which are consistent with building District goals. The plan may cover up to a two (2) year period while the employee is eligible for the short form evaluation process. The employee is encouraged to set goals as part of the plan. One (1) or more of the following sources of information shall be used by the employee in developing a professional growth plan:

a. Peer review and evaluation; b. Input by parents; c. Input by students; d. Personal and/or professional goals; e. School District goals; f. Building goals; g. Self-assessments; h. Personal academic records; i. School District observations and evaluations; and j. Other resources as agreed by the parties.

D. Role of Supervisor

The role of the supervisor is to collaborate with the employee in developing the professional growth plan and then to assist in its implementation, particularly in making reasonable efforts to provide the resources necessary to implement it. The supervisor shall sign a form at the end of the year verifying that the employee has been engaged in a professional growth plan and continues to demonstrate satisfactory performance. This verification form shall be retained in the employee's personnel file.

E. Ownership of Materials Developed

Materials/records/portfolios expressly developed as a result of the individual's participation in the professional growth option shall be the property of the certificated staff member participating in the program and shall not be retained in the employee's personnel file or used by the District in the formal evaluation criteria. The employee at his/her option may share this information with the supervisor during


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the term of the professional growth plan to further collaborative discussion of the employee's professional growth.

F. Restriction

The professional growth option shall not be used as a basis for determining that an employee’s work is unsatisfactory, nor as probable cause of the non-renewal of an employee’s contract under RCW 28A.405.210.

Section 9.6: Non-Renewal/Appeal Process Any determination that the employment contract of an employee should not be renewed for the next ensuing term shall be made in conformity with statutory requirements. The appeal processes allowed for any such determination shall also be as provided by statute. Section 9.7: Reopener for Evaluation Forms Either party to this Agreement, by written notice to the other party, may reopen for bargaining the evaluation forms referenced in Article IX. Such bargaining shall then be undertaken by the Labor Management Committee. Section 9.8: Criteria for Evaluation of Certificated Classroom Teachers Below are listed the eight (8) teacher evaluative criteria to use for evaluating the performance of certificated teachers. Under each criterion are listed a number of indicators which shall serve as guidelines for determining the extent to which the teacher was actually meeting the criterion. The assessment and consideration of an employee's performance can be based on direct or indirect observation of performances of the evaluatee. If indirect observation is used, the basis for such evaluation shall be clearly stated on any written form used.

Criterion l: Instructional Skill The certificated classroom teacher demonstrates in his/her performance a competent level of knowledge and skill in designing and conducting an instructional experience. Indicators: The evaluation procedure assesses such teacher abilities and practices as:

1.1 Planning and presenting learning experiences that provide for the learning needs of individual pupils. 1.2 Establishing learning objective/outcomes consistent with individual pupil learning needs and with

District learning objectives and goals. 1.3 Planning and developing a variety of instructional experiences and outcomes appropriate to the grade

or subject area. 1.4 Allowing flexibility in the conducting and implementing of the instructional plan/experience. 1.5 Using the principles of learning to facilitate the learning process.


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1.6 Assessing pupil's learning achievement and using the resultant data in the design of future instructional experiences.

1.7 Implementing local school district goals, objectives and policies, which affect/influence instructional

decisions and classroom procedures. Criterion 2: Classroom Management The certificated classroom teacher demonstrates in his/her performance a competent level of knowledge and skill in organizing the physical and human elements in the educational setting. Indicators: The evaluation procedure assesses such teacher abilities and practices as:

2.1 Selecting/creating and using curricular/instructional materials and media appropriate to the pupil(s) ,

subject matter, and the outcome/objective to be achieved. 2.2 Organizing the physical setting so that it contributes to learning. 2.3 Organizing individual, small group, or large-group learning experiences as appropriate to the pupil(s),

subject matter, and outcomes desired. 2.4 Providing classroom climate that has a balance of pupil freedom and classroom security.

Criterion 3: Professional Preparation and Scholarship The certificated classroom teacher exhibits in his/her performance evidence of having a theoretical background and knowledge of the principles and methods of teaching, and a commitment to education as a profession. Indicators: The evaluation procedure assesses the teacher's demonstrated knowledge of, and ability to:

3.1 Use instructional strategies/methods appropriate to the pupil(s) subject matter(s) taught. 3.2 Relate and use the principles and methods of teaching theory as a basis for the design of learning

experiences. 3.3 Demonstrate a willingness to be involved with school and professional activities. 3.4 Implement statutes and rules/regulations which have implications for the professional's practice,

subject matter specialization, and school policy.

Criterion 4: Effort Toward Improvement When Needed The certificated classroom teacher demonstrates an awareness of his/her limitations and strengths, and demonstrates continued professional growth. Indicators: The evaluation procedure assesses the teacher's commitment to, and participation in:

4.1 Attending appropriate in-service and career development activities within contracted time. 4.2 Continuing education and training initiated and selected by the individual.


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4.3 Follow through and response to recommendations included in periodic and annual personnel

evaluations.

Criterion 5: The Handling of Student Discipline and Attendant Problems The certificated classroom teacher demonstrates the ability to manage the non-instructional, human dynamics in the educational setting. Indicators: The evaluation procedure considers such teacher abilities and practices as: 5.1 Recognizing conditions which may lead to disciplinary problems. 5.2 Establishing clear parameters for student "in classroom conduct" and making known these

expectations. 5.3 Developing appropriate strategies for preventing disciplinary problems. 5.4 Responding appropriately to disciplinary problems when they occur. 5.5 Resolving discipline problems in accordance with law, school board policy, and the individual

school's guidelines, regulations and policies. 5.6 Assisting students towards self-discipline and acceptable standards of student behavior.

Criterion 6: Interest in Teaching Pupils The certificated classroom teacher demonstrates an understanding of, and commitment to, each pupil, taking into account each individual's unique background and characteristics. The certificated classroom teacher demonstrates enthusiasm for, or enjoyment in, working with pupils. Indicators: The evaluation procedure assesses the extent to which the teacher:

6.1 Is willingly involved in the process of working with students. 6.2 Recognizes characteristics of each student. 6.3 Uses knowledge of individual student(s) to design learning experiences and facilitate learning. 6.4 Works to establish positive relationships with students. Criterion 7: Knowledge of Subject Matter The certificated classroom teacher demonstrates a depth and breadth of knowledge of theory and content in general education and subject matter specialization(s) appropriate to the elementary and/or secondary level(s). Indicators: The evaluation procedure is based on information that indicates knowledge of the subject(s) he/she is required to teach and awareness as well as use of:

7.1 Resources pertaining to general education and/or subject matter specialization.


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7.2 Depth of knowledge in the subject matter area. 7.3 New developments, ideas, and events in the subject matter area. 7.4 Relationships between one's subject matter field and other disciplines/subjects. 7.5 The essential learnings and related assessment techniques and tools.

Criterion 8: Teamwork The certificated classroom teacher demonstrates the ability and desire to be part of a larger instructional team that includes co-workers, parents and students.

Indicators: The evaluation procedures assess such practices as:

8.1 Works to develop positive working relationships with co-workers. 8.2 Works to develop positive relationships with parents. 8.3 Establishes communications with parents regarding class content and student progress. 8.4 Willingness to participate in teaming processes that occur during the workday such as site teams,

grade level/department team meetings, IEP teams, etc.

Section 9.9: Criteria for Evaluation of Certificated Support Personnel Below are listed the five evaluative criteria to use as a basis for evaluating the performance of the certificated support personnel, such as nurses, speech and language pathologists, librarians, counselors, intervention specialists, psychologists, physical therapists, and occupational therapists. Under each criterion are listed a number of indicators which shall serve as guidelines to clarify the meaning of the criteria. In the event the evaluator determines any criterion is not relevant, the evaluator shall make the notation, "Not Applicable".

Criterion 1: Knowledge and Scholarship in Special Field Each certificated support person demonstrates a depth and breadth of knowledge of theory and content in the special field. He/she demonstrates an understanding of, and knowledge about, common school education and the educational milieu grades K-12, and demonstrates the ability to integrate the area of specialty in the total school milieu. Indicators: The evaluation procedure is based on the observed behavior that indicates the support person:

1.1 Provides a theoretical rationale for the use of various procedures. 1.2 Demonstrates understanding of the basic principles of human growth and development. 1.3 Demonstrates the ability and knowledge to make appropriate referrals. 1.4 Relates and applies knowledge, research findings, and theory deriving from the individual's specific

discipline to the development of a program of services.


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Criterion 2: Specialized Skills Each certificated support person demonstrates in his/her performance a competent level of skill and knowledge in designing and conducting specialized programs of prevention, instruction, remediation and evaluation. Indicators: The evaluation procedure is based on the observed behavior that indicates the support person:

2.1 Designs and conducts a program providing specific and unique services within the individual's

specific discipline. 2.2 Demonstrates ability to synthesize and integrate testing and non-testing data concerning the students:

2.2.1 To help students integrate and assimilate data; 2.2.2 To help others involved with the student interpret and use data appropriately and accurately; 2.2.3 To help other specialists by providing case-study materials.

2.3 Administers assessment procedures or organizes and prepares those who will administer assessment

procedures. 2.4 Demonstrates ability to assist teachers and administrators integrate specialized information into the

regular curriculum program. 2.5 Develops goals and objectives consistent with District-level goals and objectives which will facilitate

the implementation of programs and services.

Criterion 3: Management of Special and Technical Environment Each certificated support person demonstrates an acceptable level of performance in managing and organizing the special materials, equipment and environment essential to the specialized programs. Indicators: The evaluation procedure is based on the observed behavior that indicates the support person:

3.1 Selects or recommends testing and non-testing devices, materials, equipment appropriate to student

needs. 3.2 Demonstrates the use and understanding of limitations and restrictions of devices, materials, and

procedures. 3.3 Uses comparative and interpretive data. 3.4 Creates an environment which provides privacy and protects student and family information, as

mandated by codes of ethics, federal and state regulations, and local School District policies.


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Criterion 4: The Support Person as a Professional Each certificated support person demonstrates awareness of his/her limitations and strengths and demonstrates continued professional growth. Indicators: The evaluation procedure is based on the observed behavior that indicates the support person:

4.1 Demonstrates awareness of the law as it relates to area of specialization. 4.2 Demonstrates awareness of responsibilities to students, parents, and other educational personnel. 4.3 Demonstrates a willingness to be involved in school and professional activities. 4.4 Continues education and training initiated and selected by the individual.

Criterion 5: Involvement in Assisting Pupil, Parents, and Educational Personnel Each certificated support person demonstrates an acceptable level of performance in offering specialized assistance in identifying those needing specialized programs. Indicators: The evaluation procedure is based on the observed behavior that indicates the support person:

5.1 Consults with other staff, school personnel, and parents, concerning the development, coordination,

and/or extension of services to those needing specialized programs. 5.2 Plans and develops support programs to assist in identifying the needs of the school population and

the special needs of some students. 5.3 Interprets characteristics and needs of students to parents, staff, and community, in group and

individual settings, via oral and written communications.


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ARTICLE X: LAYOFF AND RECALL PROCEDURE FOR STAFF REDUCTION

Section 10.1: Reasons for Layoff This Article shall govern staff reductions which may be required as a direct result of:

A. Enrollment decline;

B. Failure of a special levy election or other events resulting in a significant reduction in revenue;

C. Change in staffing needs due to state graduation requirements.

Prior to implementation of any staff reduction based on “C”, above, the District will make every effort to place the affected employee(s) and fund course work necessary for a second endorsement.

This Article shall have no application to and shall place no limitation upon the right of the District to discharge, nonrenew or adversely affect the contract status of employees for any reason other than those enumerated above. It is not the intent that these procedures would be used to lay off any employee on the basis of job performance. Section 10.2: Procedures If the conditions identified in the first Section 10.1, above, cause the District to adopt a reduced educational program, those employees who will be laid off or adversely affected in their contract status will be identified by using the procedures enumerated below: A. Determination of Vacant Positions

The District shall determine, as accurately as possible, the total number of certificated staff known as of April 1 leaving the District for reason of retirement, normal resignations, discharge or nonrenewal, etcetera, and these vacancies will be taken into consideration in determining the number of available certificated positions for the following school year.

B. Certification and Endorsement

Possession of any valid Washington State Certificate and applicable endorsement(s) which may be required for the position(s) under consideration shall be a prerequisite for retention.

C. Notification to Association

In the event the Board anticipates a layoff of employees, it will notify the Association with a report stating that a reduction-in-force necessity exists.

D. Seniority List

By March 15 of any year when it is anticipated that a layoff may be necessary, the District shall publish and distribute to each employee and to the Association a complete seniority list ranking all employees in accordance with the seniority definition (paragraph H 1, below).


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E. Leaves of Absence

Employees who have taken a leave of absence at the time the layoff procedures are implemented shall be considered for retention on the same basis as if currently employed by the District. The assignment immediately prior to the leave will be considered the current assignment.

F. Employment Categories

The following categories and specialties are established to ensure the qualifications of personnel to retained positions:

1. Elementary Employees

a. Elementary Specialists

Employees who hold certification or endorsement in any of the elementary specialist subject areas, e.g. music, PE, or library, and employees currently working, or who have previously worked, in any of the elementary specialist subject areas but do not have an endorsement in any of those areas will be considered for retention in the separate specialist categories (i.e., music, PE, and library).

b. Other K-5 Elementary Employees

All other elementary employees will be considered for retention in this K-5 elementary employee category. (Elementary employees shall include elementary classroom teachers, elementary Hi-Cap teachers, learning-support teachers, and early-childhood teachers).

If any of the specialist positions listed in paragraph “a”, above, are reduced or eliminated due to a reduction of staff, thereby causing reassignment of some specialist personnel to regular classrooms or other positions, a specialist so reassigned shall have a preferential right to return to a position in his/her specialty when an opening or vacancy occurs.

2. Secondary Employees

Secondary teachers (6-12) will be considered for retention by separate teaching specialty categories such as: math, science, social studies, language arts, reading, music, art, physical education, health, individual foreign languages (e.g. French, Spanish), agriculture, woodshop, business/diversified occupations/marketing, computer technology, electronics, machines, technology/trades/industry, and home and family life. Middle school employees teaching more than one (1) of the subjects of language arts, reading, and social studies during two (2) or more periods to most but not necessarily all the same students in a "block" format will be grouped into a category called "block" assignment.

3. Other Employees

Other non-supervisory employees will be considered for retention according to their specialties which will include librarians (K-12), special education classroom teachers, counselors (K-12), ELL teachers (K-12), special services personnel (by fields of specialty such as: psychologist, speech/language pathologist, physical therapist, occupational therapist, teachers of the sensory impaired, and nurses).


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4. TOSAs

Teachers on Special Assignment (TOSAs) will be considered for categories based on their last teaching assignment.

5. New Categories

By mutual agreement during the term of this Agreement, the District and Association shall have the right prior to December 1 to mutually agree to add a category that does not logically fit into any of the above listed categories.

G. Retention in Employment Categories

1. Current Category

Each employee will, in accordance with the criteria set forth in paragraph H below, be considered for retention in a category or specialty held at the time of the implementation of these procedures. For the purpose of this paragraph, an employee is currently performing in a category or specialty if 0.4 FTE or more of such employee's assignment is devoted to such category or specialty. In the event that an employee qualifies for two categories, that employee must decide which category shall be considered preferred and which shall be considered additional.

2. Additional Categories

Employees shall also be considered for retention in such additional categories or specialties as any such employee may designate in writing to the Superintendent or her/his designee within five (5) working days after any request for such information is made by the District. A copy of all requests for consideration in additional categories will be provided by the District to the Association within ten (10) working days from the submission deadline. Unless otherwise expressly allowed in this Article in order to qualify for consideration in any such additional category, the employee must have applicable certification and/or endorsements for that category.

Language arts/reading teachers and social studies teachers can qualify for block positions as an additional category.

Block teachers may also qualify for consideration for retention in the categories of language arts/reading and/or social studies.

H. Selection within Employment Categories

Employees shall be considered for retention in available positions within the categories or specialties for which they qualify under paragraphs F and G, above. In the event that there are more qualified employees than available positions in a given category or specialty, the following criteria shall be used to determine which employees shall be recommended for retention:


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1. Seniority Definition

Years of seniority in the State of Washington (to the nearest tenth of a year as applicable to placement on the salary schedule) shall be the basis for retention for those categories and specialties identified in paragraph F, above. Within each category or specialty the employee(s) having the greater years of seniority shall be recommended for retention. In the event ties exist, placement on the regular salary schedule shall be the basis for retention, the employee(s) having the greater salary (excluding stipends) shall be recommended for retention. In the event ties still exist, experience in the Marysville School District (to the nearest tenth of a year as applicable to placement on the salary schedule, excluding substitute experience) shall be the determining factor. Further ties shall be determined by the drawing of lots in the presence of all employees who are tied.

2. Seniority List and Appeal

When it becomes apparent to the District Board of Directors that a reduction in force is necessitated, the District will provide to the Association and all employees a list identifying the ranking of each employee within the categories identified in paragraph F as allowed by the Right of Privacy Act. An employee believing his/her ranking is in error shall appeal to the Human Resources Director. Notification of additions, deletions or corrections shall be provided within fifteen (15) days of their determination.

3. Administrative Positions

It is recognized that certificated employees of the District holding administrative positions and not included in the bargaining unit covered by this Agreement may be eligible, under appropriate Board policy and administrative procedures, for retention in one (1) or more of the employment categories. This provision shall apply only to certificated administrative employees who have prior service in a bargaining unit position and who have maintained a continuous employment relationship with the District since leaving said unit. Further, retention shall be on the same basis as for employees in the bargaining unit and will be consistent with the criteria for retention as contained in this Article, with the exception that the preferred retention category will be based on the administrator's last assignment. Experience will include administrative experience.

I Action by Superintendent

The provisions of paragraphs A through H above shall be implemented on or before May 15 of the school year prior to the school year in which any staff reductions may be necessary. The Superintendent shall take such action as may be required by statute to nonrenew or adversely affect the employment contracts of affected employees. All employees so notified will have the option of seeking reinstatement through appeal procedures provided by law.

J. Recall procedures

1. Purpose

These recall procedures govern the recall of employees laid off pursuant to this Article.


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2. Benefits All benefits to which an employee was entitled at the time of his/her layoff, including unused accumulated sick leave and credits toward sabbatical eligibility, will be restored upon his/her return to active employment, and the employee will be placed on the proper step of the salary schedule for the employee's current position according to the employee's experience and education.

3. Method of Recall

In the event that additional students enroll in the District or additional funds become available to the District, or vacancies occur as a result of retirement, resignation, or other cause, the Board shall first recall, according to categories or specialties identified above, all employees in the bargaining unit who have been laid off by this reduction-in-force process before the Board employs or assigns any additional personnel to fill assignments within those categories or specialties. Employees with the highest ranking shall be recalled to available positions first. From among those persons in the employment pool, those who have entered said pool in the more recent year(s) shall have preference to vacancies, under the provisions herein, over those who entered said pool in an earlier year.

4. Employment Pool

All employees who are not recommended for retention in accordance with these procedures and are laid off shall be placed in an employment pool for possible reemployment for a period from May of the reduction-in-force year to the second October 1 following. In the event of double levy failure for two years in a row, this pool will be extended to the third October 1.

Employment pool personnel will be given the opportunity to fill open positions within the categories identified in paragraph F for which they qualify under paragraph G. If more than one (1) employee is qualified for an open position, the criteria set forth in paragraph H shall be applied to determine who shall be offered said position. Each employee's qualifications shall be deemed the same as when the employee was selected for layoff.

5. Notification and Acceptance

When a vacancy occurs for which person(s) in the employment pool qualify, notification from the School District will be certified mail or personal delivery to said employee at his/her last known address. It shall be the responsibility of the individual to notify the District of any change of address. Said employee will have seven (7) calendar days from the receipt of the letter to accept the position. If an individual fails to accept a position offered, such individual will be dropped from the employment pool.

6. Use as Substitutes

The District will provide employment pool personnel with the opportunity to be placed on the substitute call list. Employment pool personnel who accept placement on the call list will be utilized as substitutes on a first priority basis. Refusal by an employment pool person to accept substitute employment shall in no way jeopardize recall rights.


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ARTICLE XI: GRIEVANCE PROCEDURE Section 11.1: Definitions A. Grievance A claim based upon an alleged violation, misinterpretation or misapplication of this collective bargaining

agreement. B. Grievant

An employee covered by this Agreement with an alleged grievance or the Association. If, in the judgment of the Association, a grievance affects a group of employees or the Association, the Association may initiate and submit such grievance in writing to the Superintendent directly, and the processing of such grievance shall be commenced at Step 2.

C. Days

School working days, except for summer months which then shall be week days. Section 11.2: General

A. Informal Hearings

Hearings at all levels should be kept as informal as possible and as confidential as may be appropriate to the grievance involved.

B. Timeliness

Grievances should be processed as rapidly as possible and to that end, the number of days indicated at each level should be considered maximum. Under unusual circumstances, the time limits may be extended by mutual consent of the parties involved. Grievances not filed or appealed in writing within the established time limits shall be considered waived. The grievant has the right to the next step if the time limits for the written decision are not met by the District, unless the time limit is extended as described above.

C. Timeline for Initial Filing

Grievances not filed in writing to the immediate supervisor within twenty (20) days of the occurrence of the act or condition causing the alleged grievance shall be considered waived. Should the employee not have opportunity to have been aware of the act or condition causing the alleged grievance, the twenty (20) days shall be measured from the time the employee became aware of the act or condition.

D. Grievant’s Presence

At all levels of the formal grievance procedure, beginning with Step 1, the grievant shall be present at all hearings.


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E. Cooperation and Information

The Board, Administration and Association will cooperate in the investigation of any grievance, and further, will furnish such information as is pertinent to the processing of a grievance.

F. Release Time

Employees shall not suffer loss of pay or benefits for release time allowed by the District in the processing of any grievance. Prior approval of any absence must be obtained.

G. No Reprisals and Separate Filing of Documents

There shall be no reprisals of any kind by the District and/or Association against any participants in the grievance case by reason of participation. Documents, communications, and records dealing with the processing of the grievance shall be filed separately, except for Board minutes, and not in an individual personnel file.

H. Grievance Status when Contract Expires

Notwithstanding the expiration of the Agreement, any grievance having been filed may be processed through the grievance procedure until solution.

Section 11.3: Procedure An effort shall be made to resolve problems through free and informal communication between the employee and the immediate supervisor (in most cases the principal). If, after such informal and private conference(s), an acceptable adjustment of the alleged problem is not reached, then a grievance may be formally processed in accordance with the following procedures: A. Step 1

1. If the alleged grievance is not resolved informally, it shall be reduced in writing on Grievance Form A (Appendix H-1) and presented to the immediate supervisor (in most cases, the principal). A meeting of the grievant and supervisor will be held within five (5) days after receipt of the grievance if either party so requests within twenty-four (24) hours from the time the grievance was filed.

2. At this step and any subsequent step, the grievant may be represented by a representative of the

Association. Such witnesses as deemed necessary may be called upon by either party to present facts to the alleged grievance.

3. Within five (5) days after the written grievance is presented to the immediate supervisor, or five

(5) days after the meeting of the two parties as described in A above, the immediate supervisor shall render a decision in writing using Grievance Form B (Appendix H-2) and present it to the grievant.

B. Step 2

1. If the grievant is not satisfied with the written decision at Step 1, a written appeal of the Step 1 decision may be filed, using Grievance Form B (Appendix H-2) with the Superintendent. Such appeal must be filed within five (5) days after receiving the written decision from Step 1.


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2. Within five (5) days after receipt of the appeal, the Superintendent or his/her duly authorized

representative shall hold a hearing with the grievant and the supervisor involved in the grievance if requested to attend by the Superintendent or his/her duly authorized representative.

3. The Superintendent or his/her duly authorized representative shall render a decision in writing

using Grievance Form C (Appendix H-3) to the grievant within eight (8) days after the conclusion of the hearing.

C. Step 3

1. If the grievant is not satisfied with the disposition of his/her grievance at Step 2, or if no decision has been rendered within the time specified therein, the grievant may within five (5) days after notification thereof request, in writing using Grievance Form C (Appendix H-3), with copies to the District and the Association, that the Association submit the grievance to arbitration. The Association, by written notice to the Superintendent, within ten (10) days after receipt of the request from the aggrieved person, may request arbitration. The arbitrator shall be selected by the American Arbitration Association in accord with its Labor Arbitration Rules which shall likewise govern the arbitration proceeding, provided the Association shall have the option of having the arbitrator selected through the Federal Mediation and Conciliation Service (FMCS). If the latter is chosen the request to FMCS will include a request for a list of at least eleven (11) arbitrators. From that list each party will separately strike unacceptable arbitrators and rank the remaining in order of preference. The highest ranking common arbitrator remaining on the list shall be selected. If there is no common arbitrator after the striking and ranking process, an additional list will be requested from FMCS.

2. The initial meeting before the arbitrator shall take place not more than twenty (20) calendar days

subsequent to the date of notification to the arbitrator, unless a later date is found agreeable to the parties or necessary to the convenience of the arbitrator.

3. The arbitrator, who shall function in a judicious and not a legislative capacity, shall have only

such jurisdiction and authority as is specifically granted by this Agreement. The arbitrator shall be limited to determining whether the District has violated or failed to apply the specific provision or provisions of this Agreement as initially presented in the grievance. Neither the District nor the Association shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence or witness not previously disclosed to the other party. The arbitrator shall have no power to destroy, change, add to, or delete from any of the specific terms of this Agreement. The arbitrator shall be required to provide his/her decision in accordance with the express language of this Agreement. Grievances not processed in accordance with the provisions of this Agreement shall not be subject to arbitration. Any matter coming before the arbitrator that is not within his/her authority, function and jurisdiction, as herein defined, shall be rejected by him/her on that basis without any further decision or recommendation.

4. The decision of the arbitrator when provided in accordance with the foregoing shall be final and

binding upon both parties. 5. Each party shall bear the expense of preparing and presenting its own case. The cost, if any, of

the arbitrator and incidental expenses shall be borne equally by the Association and the District.


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ARTICLE XII: AFFIRMATIVE ACTION The Board and the Association declare their support to Affirmative Action in the recruitment and employment of personnel in accordance with the law and as lawfully required by valid regulations, at all professional levels within the bargaining unit. The Board will supply a copy of its Affirmative Action program, and amendments to the Association.


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ARTICLE XIII: STATUS OF AGREEMENT AND DURATION Section 13.1: Compliance of Agreement

A. Relationship to Individual Contracts

All individual employee contracts shall be subject to, and consistent with, Washington State Law and the terms and conditions of this Agreement. Should any employee contract contain language in conflict with this Agreement, the Agreement shall be controlling.

B. Bargaining Completed before Issuance of Contracts

Individual contracts for employees of the District, if issued prior to the completion of negotiations, shall contain a rider allowing adjustment so that all employee contracts conform to the final negotiated Agreement.

Section 13.2: Conformity to Law This Agreement shall be governed and construed according to the Constitution and laws of the State of Washington. If any provision of this Agreement, or any application of this Agreement to any employee or group of employees covered hereby shall be found contrary to law, such provision or application shall have effect only to the extent permitted by law, and all other provisions or applications of this Agreement shall continue in full force and effect. Section 13.3: Distribution The Association and District shall mutually agree to the shared cost and method of producing and distributing Agreements. Section 13.4: Forms Forms used by the District for use in complying with this Agreement shall be made available as directed or implied herein. All forms must be consistent with the terms and conditions of this Agreement. Section 13.5: Ratification and Mutual Consent

A. Ratification and Amendments

To be valid, this Agreement must have been ratified by the Association and the Board, and signed by authorized representatives thereof. It may be amended or modified during its term only with mutual consent of the parties.

B. When Effective

It shall be effective in accordance with the terms of agreement herein.


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Section 13.6: Definition of Agreement

A. Opportunity to Bargain

The parties acknowledge that during the negotiations of this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any and all subjects or matters not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties are set forth in this Agreement. Unless otherwise expressly provided in this Agreement, this Agreement shall not be reopened except by mutual consent of the parties during the duration hereof.

B. Status of the Agreement

All rights and duties of both parties are specifically expressed in this Agreement and such expression is all inclusive. This Agreement shall supersede any rules, regulations, policies, resolutions, or practices of the District which are contrary to or inconsistent with its terms. All terms and conditions of employment shall be maintained at no less than the highest minimum standards in effect at the time this Agreement is signed, provided that such conditions shall be improved for the benefit of employees as required by the express provisions of this Agreement. This Agreement shall not be interpreted or applied to deprive employees of professional advantages heretofore enjoyed unless expressly stated herein.

C. Duration

This Agreement shall remain in full force and effect from September 1, 2012 through August 31, 2013. D. Reopening

This Agreement may be reopened during its term to the following extent:

1. Contingent Reopener-Compensation and Benefits

Salary schedules, stipends and insurance benefits for each year may be reopened by the Association for negotiations in any of the following events: (A) The present salary limitation laws are voided as applied to the District by a final and binding court order; or (B) the legislature or administrative agencies remove or ease the present salary limitations as applied to the District; or (C) the legislature increases funding for salaries and insurance benefits. Any salary or insurance benefits increase resulting from such negotiations may be applicable for the entire school year to the extent consistent with law.

2. Legislatively Mandated Changes

The parties to this Agreement recognize that this Agreement spans a period in which there could be legislative sessions. Therefore, either party shall have the right to reopen negotiations on any legislatively mandated requirements which relate to wages, hours, or terms and conditions of employment, provided that neither party shall be obligated to bargain if said legislation expressly grandfathers existing collective bargaining agreements.


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3. New Legislation

A right to reopen shall also be allowed to the Association for any new legislation that allows, but does not require, a new opportunity to bargain a subject that relates to wages, hours, or terms and conditions of employment.

4. President’s Release Time

The Association shall have the right by March 1 of each year of this Agreement to reopen Article IV, Section 4.6 (President's Release Time) when it is demonstrated to the District that the Marysville Education Association does not have the funds to meet its obligation according to the terms of this Agreement.

5. Substitute Pay Rates

Either party to this Agreement shall have a right during the term of this Agreement to reopen negotiations on the substitute pay rates provided in Section 2.3.

During the period of any reopened negotiations as allowed by paragraphs 1-3 above, Article III, Section 3.2 shall be inoperative as a contractual agreement, provided that such inoperative status shall not be deemed a waiver of any other legal rights or obligations of the parties.

Any demand for bargaining by either party shall be in writing and shall state the basis for the request.

E. Negotiations of Successor Agreement

Negotiations on a successor Agreement shall commence upon request of either party. F. Contract Waiver

The District and Association may agree to waive specific provisions of this Agreement in accordance with the following:

1. Who may Submit Waiver Request

Contract waiver requests may be made by any school in the District. For the purposes of this Section, a school means each elementary school, each secondary campus that includes more than one SLC, and each of the other secondary schools. In addition, a small learning community (SLC) shall also be considered a “school” for the sole purpose of requesting a waiver of Section 8.2.B.1 (Secondary Planning Time) that guarantees the same amount of planning time within the student day, but on a weekly as opposed to a daily basis.

2. District and Association Agreement Required

A contract waiver will be granted only if both the District and Association agree in accordance with the provisions of this Section 13.6 F.


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3. Form Required

Contract waiver requests must be submitted on the appropriate form which can be obtained from the Association office. (See Appendices G-1 and G-2)

4. Submission of Form Prior to a Vote

Prior to any vote taken per paragraph 5, below, the appropriate form is to be completed to the extent possible and then must first be submitted to the Superintendent or designee and the Association President concurrently so that a determination can be made as to who the eligible voters on the issue will be.

5. Vote Requirement

No contract waiver will be granted without first obtaining an 85% approval vote (80% on a modified school calendar waiver request) by secret ballot from members of the Association’s bargaining unit who have been determined to be eligible voters. In the event a modified school calendar waiver request is granted, employees who do not wish to remain at that school will be given priority in the voluntary transfer process.

6. What Request Must Include

A contract waiver request must include the following:

a. Reference to the specific provisions of the Agreement requested to be waived;

b. Rationale for the waiver;

c. The specific beginning and ending dates for the waiver;

d. Description of which employees would be affected by the waiver and how they would be affected;

e. Description of how the decision to request the waiver was made and evidence it reflects

at least 85%/80% on a modified school calendar waiver request) approval of those in the Association’s bargaining unit determined to be eligible to vote per the provisions in paragraphs 4 and 7, herein.

f. Description of the cost or budget impact of the waiver, if any; and

g. Explanation of how the waiver, if granted, might affect other employees outside of the

school and other operations of the District. Contract waiver requests from an SLC per paragraph 7, below, should pay particular attention to analyzing the impact of any waiver request on the other SLCs at the campus site.

7. Special Requirements-SLC Request and Section 8.2.B.1

The following are special requirements if the requesting school is a SLC requesting a waiver of Section 8.2.B.1:


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a. It is recognized that such a waiver request, if granted, may have a verifiable impact (an

objection to contract waivers in general will not be considered as a verifiable impact) on one or more of those other SLCs or on the campus as a whole.

b. At the same time copies of the request (see form in Appendix G-2) is submitted to the

Association President and the Superintendent or designee per paragraph 4, above, copies of the request shall also be submitted to the staff at the other SLCs at that campus site. Said staff, in whatever form they wish, may submit a statement to the Association President and Superintendent or designee outlining any concern regarding the impact of granting a waiver to the requesting SLC and who should be given the opportunity to vote on the request.

c. After a reasonable time has elapsed to receive any input from SLC staff per “b”, above,

the Association President and Superintendent or designee will agree whether to allow the staff in other affected SLCs to also vote on the waiver request. If no agreement between the Association President and Superintendent or designee in such cases is reached, the waiver request will not be granted. If the staff at one or more of the other affected SLCs are allowed to vote, the 85%/80% requirement will apply to the total of all those eligible to vote.

8. Duration of Contract Waiver

No contract waiver shall be granted for a duration of more than one (1) school year, and no contract waiver shall be granted for a duration that extends beyond the expiration date of the current Agreement. However, a modified school calendar waiver may be granted for up to three (3) years regardless of the expiration date of the current Agreement.

9. Non Precedent Setting

The Association and District agree that any waivers granted are not precedent setting. The parties further agree that once the waiver has expired, all waived provisions shall return to the status contained in the Agreement at the time of the waiver’s expiration.

10. Waiver to be Addendum to Agreement

A contract waiver, if granted, will be considered an addendum to this Agreement, and any dispute as to its interpretation or application will constitute a grievance within the meaning of Article X. Except to the extent waived pursuant to the above, this Agreement will remain in full force and effect, and have full application to the employees who are affected by the site-based, decision-making arrangements.

11. Forms

Contract Waiver Forms- see Appendices G-1 and G-2.

Legend:

Furlough Finals/Grading Conferencing Professional Growth Friday's

TRI Days

DD = District Directed

TD = Teacher Directed

PLC = Professional Learning

Community

2012 M T W TH F S SAUG 1 2 3 4 5 = No School

6 7 8 9 10 11 12

13 14 15 16 17 18 13

20 21 22 23 24 25 26

27 28 29 30 TRI 31 1 2

SEP 3 4 TRI 5 6 7 8 9 9/5 = First day of school Gr. 1‐1210 11 12 13 14 TD 15 13 9/6 = First day of school Kindergarten (All‐Day and Half‐Day)17 18 19 20 21 PLC 22 23

*18 24 25 26 27 28 DD 29 30

OCT 1 2 3 4 5 PLC 6 7

8 9 10 11 12 13 14 10/12 = Early Release for Staff 4.5 hours furlough

15 16 17 18 19 TD 20 21 10/29‐11/2 = Early Release: K‐5 Fall Conferencing22 23 24 25 26 TD 27 28 10/30 =

*23 29 30 31 1 2 3 4 11/1=

NOV 5 6 7 8 9 PLC 10 11 11/2 = Early Release: K‐12 Conferencing12 13 14 15 16 DD 17 18 11/6 = End of 1st Quarter19 20 21 22 23 24 25 11/21 = Early Release for Staff 2.0 hrs furlough/2.5 hr ER

*19 26 27 28 29 30 TD 1 2

DEC 3 4 5 6 7 PLC 8 9

10 11 12 13 14 TD 15 16

17 18 19 20 21 22 23 12/19 = Early Release for Staff 2.0 hrs furlough/2.5 hr ER*13 24 25 26 27 28 29 30

2013 31 1 2 3 4 5 6 1/3 = School begins

2012‐13

Certificated

Staff Calendar

Please refer to Bell Schedule for Start and End Times

= End of School Half‐Day Kind = End of School All Day Kind ‐ Gr 12

Early Release: K‐5 and 9‐12 ConferencingEarly Release: K‐5 and 6‐8 Conferencing

Calendar subject to revision. Please

discard all previous versions.

JAN 7 8 9 10 11 PLC 12 13 1/18 & 1/25 = Early Release: K‐8 Grading14 15 16 17 18 19 20 1/23,24,25 = Early Release: 9‐12 Finals/Grading21 22 23 24 25 26 27 1/25 = End of 1st Semester

*20 28 29 30 31 1 TD 2 3 1/28 = Beginning of 2nd Semester

FEB 4 5 6 7 8 DD 9 10

11 12 13 14 15 16 17

18 19 20 21 22 PLC 23 24

*18 25 26 27 28 1 TD 2 3

MAR 4 5 6 7 8 9 10 3/8 = Early Release for Staff 2.0 hrs furlough11 12 13 14 15 PLC 16 17

18 19 20 21 22 TD 23 24

*21 25 26 27 28 29 30 31 3/25‐29 = Early Release: K‐5 Spring Conferences

APR 1 2 3 4 5 6 7

8 9 10 11 12 PLC 13 14 4/10 = End of 3rd Quarter15 16 17 18 19 DD 20 21

22 23 24 25 26 TD 27 28

*17 29 30 1 2 3 PLC 4 5

MAY 6 7 8 9 10 TD 11 12

13 14 15 16 17 PLC 18 19

20 21 22 23 24 25 26 5/24 = Early Release for Staff 2.0 hrs furlough*22 27 28 29 30 31 1 2 5/31 and 6/7 =Early Release: K‐8 Grading

JUNE 3 4 5 6 7 8 9 6/11,12,13 = Early Release: 9‐12 Finals/Grading

10 11 12 13 14 15 16 6/12 =

17 18 19 20 21 22 23 6/13 = *9 24 25 26 27 28 29 30 6/14‐21 = Possible Make‐Up Days

JULY 1 2 3 4 5 6 78 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31 1 2 3 4

AUG 5 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31 SEP

* R t th b f h l d i th th

EARLY RELEASE: End of School for All Day Kindergarten ‐ Gr 12

k d ill b i 20 3

End of School Half‐Day Kindergarten

8/23/2012* = Represents the number of school days in the monthApproved by the Board of Director's at their Regular meeting on 9/4/12.

Make‐up days will begin on June 14, 2013. High School finals will be adjusted accordingly.

A 31053 B C D E F G H

BA DEGREE BA + 22 BA + 45 BA + 60 BA + 75 BA + 90 BA + 112 BA + 135

EXPERFACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY

0 1.0000 $34,687 1.0370 $34,687 1.0950 $34,687 1.1190 $34,748 1.1430 $35,494 1.1900 $36,953 1.2370 $38,413 1.2850 $39,903

1 1.0450 $34,687 1.0840 $34,687 1.1450 $35,556 1.1700 $36,332 1.1950 $37,108 1.2450 $38,661 1.2940 $40,183 1.3450 $41,766

2 1.0794 $34,687 1.1200 $34,779 1.1834 $36,748 1.2092 $37,549 1.2349 $38,347 1.2874 $39,978 1.3379 $41,546 1.3914 $43,207

3 1.1022 $34,687 1.1439 $35,522 1.2090 $37,543 1.2352 $38,357 1.2614 $39,170 1.3158 $40,860 1.3673 $42,459 1.4226 $44,176

4 1.1346 $35,233 1.1779 $36,577 1.2452 $38,667 1.2721 $39,503 1.2990 $40,338 1.3557 $42,099 1.4086 $43,741 1.4663 $45,533

5 1.1662 $36,214 1.2110 $37,605 1.2805 $39,763 1.3081 $40,620 1.3357 $41,477 1.3947 $43,310 1.4490 $44,996 1.5089 $46,856

6 1.2091 $37,546 1.2557 $38,993 1.3281 $41,241 1.3566 $42,126 1.3852 $43,015 1.4471 $44,936 1.5033 $46,682 1.5661 $48,632

7 1.2395 $38,490 1.2876 $39,984 1.3620 $42,294 1.3912 $43,201 1.4205 $44,111 1.4845 $46,098 1.5421 $47,887 1.6071 $49,905

8 1.2819 $39,807 1.3319 $41,359 1.4091 $43,757 1.4393 $44,695 1.4695 $45,632 1.5364 $47,710 1.5958 $49,554 1.6637 $51,663

9 1.3243 $41,123 1.3762 $42,735 1.4563 $45,222 1.4874 $46,188 1.5185 $47,154 1.5882 $49,318 1.6495 $51,222 1.7203 $53,420

10 1.5034 $46,685 1.5355 $47,682 1.5675 $48,676 1.6401 $50,930 1.7033 $52,893 1.7768 $55,175

11 1.6165 $50,197 1.6919 $52,539 1.7570 $54,560 1.8333 $56,929

12 1.7438 $54,150 1.8107 $56,228 1.8899 $58,687

13 1.7956 $55,759 1.8644 $57,895 1.9464 $60,442

SCHEDULE A - All teachers holding a BA degree and less than 22 1/2 post BA credits.

SCHEDULE B - Teachers who hold 22-1/2 hours beyond BA degree.

SCHEDULE C - Teachers who hold 45 hours post BA, or a valid fifth year certificate/continuing certificate.

SCHEDULE D - Teachers who hold 60 hours post BA.

SCHEDULE E - Teachers who hold 75 hours post BA.

SCHEDULE F - Teachers who hold 90 hours post BA.

SCHEDULE G - Teachers who hold 112 1/2 hours post BA.

SCHEDULE H -Teachers who hold 135 hours post BA.

VOCATIONAL CERTIFICATE-Shall be deemed equivalent to a BA degree.

EDUCATIONAL SPECIALIST DEGREE-Additional 7-1/2 percent of BA degree A-0 schedule. ($2,329)

DOCTORATE DEGREE-Additional 10 percent of BA degree A-0 schedule. ($3,105)

* Regardless of the amounts shown above the minimum starting salary for a person with a BA degree shall be $34,687.

* All salaries shown above relate to a full time equivalency (1.0 FTE) contract.

NOTE: Salaries shown above are prorated for less than full time contracts.

Board Approved, Effective 9-1-2012.

MARYSVILLE SCHOOL DISTRICT No. 25

CERTIFICATED EMPLOYEES BASE SALARY SCHEDULE #I-1

SEPTEMBER 1, 2012 - AUGUST 31, 2013

Bachelor's

A 32606 B C D E F G H


EXPERFACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY

0 1.0000 $41,587 1.0370 $41,587 1.0950 $41,587 1.1190 $41,587 1.1430 $41,587 1.1900 $41,587 1.2370 $41,587 1.2850 $41,899

1 1.0450 $41,587 1.0840 $41,587 1.1450 $41,587 1.1700 $41,587 1.1950 $41,587 1.2450 $41,587 1.2940 $42,192 1.3450 $43,855

2 1.0794 $41,587 1.1200 $41,587 1.1834 $41,587 1.2092 $41,587 1.2349 $41,587 1.2874 $41,977 1.3379 $43,624 1.3914 $45,368

3 1.1022 $41,587 1.1439 $41,587 1.2090 $41,587 1.2352 $41,587 1.2614 $41,587 1.3158 $42,903 1.3673 $44,582 1.4226 $46,385

4 1.1346 $41,587 1.1779 $41,587 1.2452 $41,587 1.2721 $41,587 1.2990 $42,355 1.3557 $44,204 1.4086 $45,929 1.4663 $47,810

5 1.1662 $41,587 1.2110 $41,587 1.2805 $41,752 1.3081 $42,652 1.3357 $43,552 1.3947 $45,476 1.4490 $47,246 1.5089 $49,199

6 1.2091 $41,587 1.2557 $41,587 1.3281 $43,304 1.3566 $44,233 1.3852 $45,166 1.4471 $47,184 1.5033 $49,017 1.5661 $51,064

7 1.2395 $41,587 1.2876 $41,983 1.3620 $44,409 1.3912 $45,361 1.4205 $46,317 1.4845 $48,404 1.5421 $50,282 1.6071 $52,401

8 1.2819 $41,798 1.3319 $43,428 1.4091 $45,945 1.4393 $46,930 1.4695 $47,915 1.5364 $50,096 1.5958 $52,033 1.6637 $54,247

9 1.3243 $43,180 1.3762 $44,872 1.4563 $47,484 1.4874 $48,498 1.5185 $49,512 1.5882 $51,785 1.6495 $53,784 1.7203 $56,092

10 1.5034 $49,020 1.5355 $50,067 1.5675 $51,110 1.6401 $53,477 1.7033 $55,538 1.7768 $57,934

11 1.6165 $52,708 1.6919 $55,166 1.7570 $57,289 1.8333 $59,777

12 1.7438 $56,858 1.8107 $59,040 1.8899 $61,622

13 1.7956 $58,547 1.8644 $60,791 1.9464 $63,464

SCHEDULE A - All teachers holding a BA degree and less than 22 post BA credits.

SCHEDULE B - Teachers who hold 22 hours beyond BA degree.





SCHEDULE G - Teachers who hold 112 hours post BA.


EDUCATIONAL SPECIALIST DEGREE-Additional 7-1/2 percent of BA degree A-0 schedule. ($2,329)

DOCTORATE DEGREE-Additional 10 percent of BA degree A-0 schedule. ($3,105)

* Regardless of the amounts shown above the minimum starting salary for a person with a MA degree shall be $41,587.



Board Approved, Effective 9-1-2012


CERTIFICATED EMPLOYEES BASE SALARY SCHEDULE #I-1


Master's

A 8,336 B C D E F G H


EXPER FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY

0 1.0000 $8,336 1.0370 $8,644 1.0950 $9,128 1.1190 $9,328 1.1430 $9,528 1.1900 $9,920 1.2370 $10,312 1.2850 $10,712

1 1.0450 $8,711 1.0840 $9,036 1.1450 $9,545 1.1700 $9,753 1.1950 $9,962 1.2450 $10,378 1.2940 $10,787 1.3450 $11,212

2 1.0900 $9,086 1.1310 $9,428 1.1950 $9,962 1.2210 $10,178 1.2470 $10,395 1.3000 $10,837 1.3510 $11,262 1.4050 $11,712

3 1.1350 $9,461 1.1780 $9,820 1.2450 $10,378 1.2720 $10,603 1.2990 $10,828 1.3550 $11,295 1.4080 $11,737 1.4650 $12,212

4 1.1800 $9,836 1.2250 $10,212 1.2950 $10,795 1.3230 $11,029 1.3510 $11,262 1.4100 $11,754 1.4650 $12,212 1.5250 $12,712

5 1.2250 $10,212 1.2720 $10,603 1.3450 $11,212 1.3740 $11,454 1.4030 $11,695 1.4650 $12,212 1.5220 $12,687 1.5850 $13,213

6 1.2700 $10,587 1.3190 $10,995 1.3950 $11,629 1.4250 $11,879 1.4550 $12,129 1.5200 $12,671 1.5790 $13,163 1.6450 $13,713

7 1.3150 $10,962 1.3660 $11,387 1.4450 $12,046 1.4760 $12,304 1.5070 $12,562 1.5750 $13,129 1.6360 $13,638 1.7050 $14,213

8 1.3600 $11,337 1.4130 $11,779 1.4950 $12,462 1.5270 $12,729 1.5590 $12,996 1.6300 $13,588 1.6930 $14,113 1.7650 $14,713

9 1.4050 $11,712 1.4600 $12,171 1.5450 $12,879 1.5780 $13,154 1.6110 $13,429 1.6850 $14,046 1.7500 $14,588 1.8250 $15,213

10 1.5950 $13,296 1.6290 $13,579 1.6630 $13,863 1.7400 $14,505 1.8070 $15,063 1.8850 $15,713

11 1.7150 $14,296 1.7950 $14,963 1.8640 $15,538 1.9450 $16,214

12 1.8500 $15,422 1.9210 $16,013 2.0050 $16,714

13 1.9050 $15,880 1.9780 $16,489 2.0650 $17,214

20-24 $15,880 $17,239 $17,964

25+ $16,030 $18,139 $18,864










MASTER'S DEGREE-Additional 5 percent of the employee's base salary.





CERTIFICATED EMPLOYEES TRI SALARY SCHEDULE


- Bachelor's -

A 8,753 B C D E F G H


EXPER FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY FACTOR SALARY

0 1.0000 $8,753 1.0370 $9,077 1.0950 $9,585 1.1190 $9,795 1.1430 $10,005 1.1900 $10,416 1.2370 $10,827 1.2850 $11,248

1 1.0450 $9,147 1.0840 $9,488 1.1450 $10,022 1.1700 $10,241 1.1950 $10,460 1.2450 $10,897 1.2940 $11,326 1.3450 $11,773

2 1.0900 $9,541 1.1310 $9,900 1.1950 $10,460 1.2210 $10,687 1.2470 $10,915 1.3000 $11,379 1.3510 $11,825 1.4050 $12,298

3 1.1350 $9,935 1.1780 $10,311 1.2450 $10,897 1.2720 $11,134 1.2990 $11,370 1.3550 $11,860 1.4080 $12,324 1.4650 $12,823

4 1.1800 $10,329 1.2250 $10,722 1.2950 $11,335 1.3230 $11,580 1.3510 $11,825 1.4100 $12,342 1.4650 $12,823 1.5250 $13,348

5 1.2250 $10,722 1.2720 $11,134 1.3450 $11,773 1.3740 $12,027 1.4030 $12,280 1.4650 $12,823 1.5220 $13,322 1.5850 $13,874

6 1.2700 $11,116 1.3190 $11,545 1.3950 $12,210 1.4250 $12,473 1.4550 $12,736 1.5200 $13,305 1.5790 $13,821 1.6450 $14,399

7 1.3150 $11,510 1.3660 $11,957 1.4450 $12,648 1.4760 $12,919 1.5070 $13,191 1.5750 $13,786 1.6360 $14,320 1.7050 $14,924

8 1.3600 $11,904 1.4130 $12,368 1.4950 $13,086 1.5270 $13,366 1.5590 $13,646 1.6300 $14,267 1.6930 $14,819 1.7650 $15,449

9 1.4050 $12,298 1.4600 $12,779 1.5450 $13,523 1.5780 $13,812 1.6110 $14,101 1.6850 $14,749 1.7500 $15,318 1.8250 $15,974

10 1.5950 $13,961 1.6290 $14,259 1.6630 $14,556 1.7400 $15,230 1.8070 $15,817 1.8850 $16,499

11 1.7150 $15,011 1.7950 $15,712 1.8640 $16,316 1.9450 $17,025

12 1.8500 $16,193 1.9210 $16,815 2.0050 $17,550

13 1.9050 $16,674 1.9780 $17,313 2.0650 $18,075

20-24 $16,674 $18,063 $18,825

25+ $16,824 $18,963 $19,725










MASTER'S DEGREE-Additional 5 percent of the employee's base salary.





CERTIFICATED EMPLOYEES TRI SALARY SCHEDULE


- Master's -


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Appendix D

TRI Verification Form

VERIFICATION FORM FOR ADDITIONAL TIME AND RESPONSIBILITIES PER SUPPLEMENTAL CONTRACT

Marysville School District In accordance with the Collective Bargaining Agreement between the Maysville School District and Marysville Education Association, employees are required to work two (2) days, to perform responsibilities beyond their regular contracted basic education work year and work day, and to perform responsibilities related to school improvement plans focused on student achievement. Compensation is received for this additional time and responsibilities in accordance with the negotiated TRI schedule. The pay for same is pro-rated for part-time employees based on their annualized FTE. This form is to be completed and turned in to the employee's Principal or immediate supervisor no later than June 30. Verification of the Two Required Work (Insert the date of the two required workdays and initial to certify work those days.

Date of Mandatory Workdays Employee Initial Certifying Completion--If on Approved Paid Leave, Initial & Write "On-Leave"

Date:

Initial:

Date:

Initial:

Verification of Additional Responsibilities: By signing and dating this verification form, the undersigned is indicating fulfillment of additional responsibilities beyond those performed during the basic education work year and work day. The employee further verifies those responsibilities included one or more of the following as listed in the Collective Bargaining Agreement:

1. Preparing for school opening or closing; 2. Work connected with the conclusion of the school year; 3. Conferencing with parents; 4. Supporting student activities; 5. Providing individual help to students; 6. Evaluating student work; 7. Workshops, classes, and in-service work; 8. Researching educational materials and supplies; 9. Improving and maintaining professional skills; 10. Preparation and revision of materials; 11. Planning with other staff in areas of instruction and curriculum; 12. Working with computers and other technology as related to educational uses; and 13. Attending District-connected meetings such as PTSA. Open House, etc.

Verification of Additional Responsibilities Stemming from Participation in School Improvement Plan Activities Focused on Student Achievement. Individual staff commitment to continuous learning, reflection on


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instructional practice, and participation in improvement plan activities may include, but not be limited to the following school leadership team developed activities:

1. Coaching cycle; 2. Book studies; 3. School improvement planning; 4. Committee work; 5. Analysis of student work as professional development; 6. Curriculum and grade level expectation (GLE) alignment activities; 7. Professional development (at staff meetings, grade level meetings, etc.); 8. Peer coaching in other classrooms.

By signing and dating this verification form, the undersigned is indicating fulfillment of additional responsibilities related to school improvement plans focused on student achievement such as, but not limited to, one or more of the following as listed in the Collective Bargaining Agreement. I verify that I have fulfilled the conditions of the Supplemental Contract which recognizes time and responsibilities performed beyond the contracted basic education work year and work day and activities performed both during and outside the work year and work day stemming from school improvement plans focused on student achievement, all in accordance with the Collective Bargaining Agreement between the Marysville School District and Marysville Education Association. __________________________________/ __________________________ Employee Signature Date __________________________________/ __________________________ Principal/Supervisor Signature Date


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Appendix E 2012-13 Student Activities Co-curricular Schedule

GROUP OR CATEGORY YEARS OF EXPERIENCE

MP/Getchell

0

1

2

3

4

Category A: Band (1.0), ASB Coordinator (ASB Coordinator will be guaranteed 3 release periods per day.)

$4,072 $4,278 $4,490 $4,714 $4,949

Category B: Choral (1.0), Yearbook, Drama

$3,189 $3,348 $3,384 $3,693 $3,878

Category C: Career & Technical Education Clubs, Senior Class Advisors

$3,021 $3,204 $3,365 $3,533 $3,709

Category D: Newspaper, Tapestry Advisor, Honor Society

$1,844 $1,937 $2,032 $2,135 $2,242

Category E: Creativity Fair Coordinator, Hi-Q Advisor, Knowledge Bowl Advisor, Freshman, Sophomore & Junior Class Advisors, World Language Clubs, HS Weight Room, Band (1 section), Choral (1 section)

$1,448 $1,522 $1,597 $1,678 $1,761

MMVHS, A&T, Heritage

0

1

2

3

4

Category A: ASB Coordinators, Career & Technical Education Clubs

$3,021 $3,204 $3,365 $3,533 $3,709

Category B: Newspaper Yearbook, Drama

$1,844 $1,937 $2,032 $2,135 $2,242

Category C: Class Advisors (Each grade level), Heritage ASB Coordinator, Heritage Yearbook

$1,448 $1,522 $1,597 $1,678 $1,761

Middle School

0

1

2

3

4

Category A: ASB Coordinators (ASB Coordinators will be guaranteed 1 release period per day)

$3,021 $3,204 $3,365 $3,533 $3,709


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Category B:

$1,844

$1,937

$2,032

$2,135

$2,242

Category C: Career & Technical Education Clubs, Band, Choral, Yearbook

$1,448 $1,522 $1,597 $1,678 $1,761

Elementary

Advisor, 5th grade camp

Up to two (2) employees acting as 5th grade camp advisors from each school will be paid $1,000 each. If there are additional advisors, consideration could be given to accessing the elementary pool of dollars described below.

The amounts shown by the above schedule shall be increased by the same COLA percent increase the State funds for the regular salary schedule each year of this Agreement. ELEMENTARY CO-CURRICULAR ACTIVITIES Each elementary school shall be budgeted $4,000 to pay certificated employees to direct co-curricular activities. Each building's certificated employees, including the Principal, will decide what co-curricular activities are to be implemented and the amount of the stipends for the certificated advisors of those activities SECONDARY CO-CURRICULAR ACTIVITIES Co-curricular dollars for certificated staff to direct/advise after school student activities shall be allocated as follows: All schools, 6-12, shall annually receive $12.50 per student enrolled as of October 1. Each high school will be guaranteed a minimum of $3,000 and each middle school a guarantee of $1,500. A committee consisting of the Principal (or designee) and MEA members shall decide what student activities are to be implemented, the time and responsibilities, and the amount of each stipend.


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Appendix F-1: 2012-2013 Elementary Assessments

Elementary Assessments

The assessments indicated in this table include both formative and summative assessments used for analysis of student performance at the school, District and state level. The student level information may also be used by classroom teachers for planning instruction, monitoring student progress, and by schools and programs for identifying students for services (Title I, ELL, LAP, Special Education).

Grade Level

Sept. Oct. Nov. Dec. Jan. Feb. Mar. Apr. May June

K DIBELS+ DIBELS

Teacher report of F & P levels using running records

District Math Assessment 4/8-5/17

DIBELS+ F & P Benchmark Assessments District math Assessment

Oct 15 – Nov 16 (MBA pilot for 12-13)

F & P Assessment

1 DIBELS+ Dev Spelling Inv F & P for new students

DIBELS Math Benchmark Tests 1/22-2/28


Math Benchmk Tests 4/8-5/17

DIBELS+ F & P Benchmark Assessments Math Benchmark Tests

Oct 15 – Nov 16 F & P Benchmark Assessments

2 DIBELS+ Dev Spell Inv F & P for new students




DIBELS+ F & P Benchmark Assessments Math Benchmark Tests

Oct 15 – Nov 16 F & P Benchmark Assessments


DIBELS

Math Benchmark Tests 1/22-2/28



MSP R, M

DIBELS+

Math Benchmark Tests Oct 15 – Nov 16

F&P Benchmark Assessments

F & P Benchmark Assessments



Teacher report of F & P levels using running records as appropriate


MSP R, W, M

DIBELS+




5

DIBELS+ Dev Spell Inv F & P for new students

DIBELS

Math Benchmark Tests 1/22-2/28

Teacher report of F & P levels using running records as appropriate


MSP R, M, S

DIBELS+




5th Social Studies CBA some time this year Health & Fitness CBA some time this year by Fitness teacher Fine Arts CBPA some time this year—music and classroom teacher

Please note the following: 1. Running records will be given throughout the year, a few each week, to informally monitor student progress in grades K-5. 2. *Washington Language Proficiency Test is given to all ELL students by ESL staff in February. 3. DIBELS will be completed by a school team and not classroom teachers, unless teacher prefers completing on own 4. Informal math assessments given by teacher as needed ‐ RSA


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Appendix F-2: 2012-2013 Secondary Assessments

Secondary Assessments

The assessments indicated in this table include both formative and summative assessments used for analysis of student performance at the school, District and state level. The student level information may also be used by classroom teachers for planning instruction, monitoring student progress, and by schools and programs for identifying students for services (Title I, ELL, LAP, Special Education). Grade Sept Oct Nov Dec Jan Feb Mar Apr May Jun

6 Measures of Academic Progress – MAP – in reading and math

Measures of Academic Progress – MAP – in reading and math

MSP R, M




MSP R, W, M




MSP R, M, S


8 Social Studies CBA sometime this year Health & Fitness CBA sometime this year by Fitness teacher Fine Arts CBPA sometime this year

9 Math Benchmark Assessment #1(11/12-

11/16)

Math Benchmark Assessment

#2(2/19-2/26)

Math Benchmark Assessment #3 (5/6-5/10)

10 PSAT+

Math Benchmark Assessment #1(11/12-11/16)

Math Benchmark Assessment

#2(2/19-2/26)

HSPE R, W

Math Benchmark Assessment #3 (5/6-5/10)

End of Course state tests in Math (Algebra & Geometry) and Biology

11

Math Benchmark Assessment #1(11/12-

11/16)

SAT/ACT* Math Benchmark Assessment

#2(2/19-2/26)

AP Exams Math Benchmark Assessment #3 (5/6-5/10)

11 Social Studies CBA sometime this year Health & Fitness CBA sometime this year by Fitness teacher

Fine Arts CBPA sometime this year 12 Math

Benchmark Assessment #1(11/12-

11/16)

SAT/ACT* Math Benchmark Assessment

#2(2/19-2/26)

Culminating Project Presentations AP Exams

*Washington Language Proficiency Test is given to all ELL students by ESL staff in February. Administration of CBAs to students must be reported to the appropriate District administrator for reporting to OSPI.

Proposed on July 15, 2010/ Revised July 22, 2010/Revised August 15, 2011/ Revised August 2012


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Appendix G-1 Contract Waiver Request Form

MARYSVILLE SCHOOL DISTRICT AND MARYSVILLE EDUCATION ASOCIATION

THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MARYSVILLE SCHOOL DISTRICT AND THE MARYSVILLE EDUCATION ASSOCIATION PROVIDES FOR A SCHOOL’S STAFF TO OBTAIN A WAIVER OF A SPECIFIC CONTRACT PROVISION (SEE SECTION 13.6 F OF THE AGREEMENT). THIS FORM MUST BE USED TO REQUEST SUCH A WAIVER.

SCHOOL: _________________________________________ DATE: ____________________________________ 1. THE WAIVER IS FOR WHAT SPECIFIC CONTRACT PROVISIONS? 2. WHAT IS THE RATIONALE FOR THE REQUESTED WAIVER? 3. WHAT ARE THE BEGINNING AND ENDING DATES FOR THE REQUESTED WAIVER? NOTE: No waiver will be granted for a duration of more than one school year and none shall be granted for a

duration that extends beyond the expiration date of the current Collective Bargaining Agreement. However, a modified school calendar waiver may be granted for up to three (3) years regardless of the expiration date.

Beginning: _________________________ Ending: __________________________ 4. WHAT EMPLOYEES ARE AFFECTED BY THE WAIVER AND HOW ARE THEY AFFECTED?

5. DOES THE DECISION REFLECT AT LEAST 85% (80% FOR MODIFIED SCHOOL CALENDAR WAIVER)

APPROVAL OF THOSE IN MEA’s BARGAINING UNIT AT THE SCHOOL SITE? (This portion of the form is to be filled out only after a vote has been taken.)

Yes: _________ No: _____________


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DESCRIBE BELOW HOW THE DECISION WAS MADE: 6. WHAT IS THE POTENTIAL COST OR BUDGET IMPACT OF THE WAIVER? 7. EXPLAIN HOW THE WAIVER, IF GRANTED, MIGHT AFFECT OTHER EMPLOYEES OUTSIDE OF

THE SCHOOL SITE AND OTHER OPERATIONS OF THE DISTRICT.

THIS FORM MUST BE SUBMITTED TO THE SUPERINTENDENT OR DESIGNEE AND ASSOCIATION PRESIDENT FOR A DETERMINATION OF WHO WILL BE ELIGIBLE TO VOTE. AFTER A VOTE IS

TAKEN, APPROVAL MUST BE RECEIVED FROM THE DISTRICT AND MEA PRIOR TO IMPLEMENTATION OF THE REQUESTED WAIVER

__________________________________________ __________________________________________ BUILDING PRINCIPAL MEA BUILDING REPRESENTATIVE ________________________________ __________________________________ DATE DATE • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •• • • • • • • • • • • • • • • • RESPONSE TO WAIVER REQUEST

REQUEST GRANTED: ______________ REQUEST DENIED: _______________ REQUEST GRANTED UNDER THE FOLLOWING CONDITIONS: __________________________________________ ___________________________________________ SUPERINTENDENT MEA PRESIDENT ________________________________ __________________________________ DATE DATE


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Appendix G-2

Contract Waiver Request Form for SLCs Regarding Daily Planning Time MARYSVILLE SCHOOL DISTRICT AND MARYSVILLE EDUCATION ASOCIATION

THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MARYSVILLE SCHOOL DISTRICT AND THE MARYSVILLE EDUCATION ASSOCIATION PROVIDES FOR AN SLC’S STAFF TO OBTAIN A WAIVER OF SECTION 8.2.B.1 OF THE COLLECTIVE BARGAINING AGREEMENT. THE WAIVER REQUEST PROCESS IS OUTLINED IN SECTION 13.6 F OF THE COLLECTIVE BARGAINING AGREEMENT.

SLC: _________________________________________ DATE: ____________________________________ Attach additional pages if more room is needed 1. THIS WAIVER REQUEST FORM IS ONLY TO BE USED FOR A SLC REQUEST TO WAIVE SECTION

8.2.B.1 OF THE COLLECTIVE BARGAINING AGREEMENT SO THAT SECONDARY PLANNING TIME COULD BE PROVIDED IN AT LEAST THE SAME AMOUNT OF TOTAL TIME BUT ON A WEEKLY RATHER THAN A DAILY BASIS.

Describe here the specific request: 2. WHAT IS THE RATIONALE FOR THE REQUESTED WAIVER? 3. WHAT ARE THE BEGINNING AND ENDING DATES FOR THE REQUESTED WAIVER? NOTE: No waiver will be granted for a duration of more than one school year and none shall be granted for a

duration that extends beyond the expiration date of the current Collective Bargaining Agreement. However, a modified school calendar waiver may be granted for up to three (3) years regardless of the expiration date.

Beginning: _________________________ Ending: __________________________ 4. WHAT EMPLOYEES ARE AFFECTED BY THE WAIVER AND HOW ARE THEY AFFECTED? Describe the affect on employees assigned to the requesting SLC: Describe any affect on the employees assigned to any other SLC if your SLC is on a campus housing more than one SLC: 5. IF THE WAIVER REQUEST IS FROM A SLC AT A CAMPUS SITE WHERE OTHER SLCs ARE LOCATED,

HAVE COPIES OF THIS WAIVER REQUEST BEEN PROVIDED TO THE STAFF AT THE OTHER SLCs AS REQUIRED BY SECTION 13.6 F OF THE COLLECTIVE BARGAINING AGREEMENT?

Yes: No: Not Applicable:


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6. DOES THE DECISION REFLECT AT LEAST 85% (80% FOR MODIFIED SCHOOL CALENDAR WAIVER)

APPROVAL OF THOSE IN MEA’s BARGAINING UNIT AT THE SCHOOL SITE? (This portion of the form to be filled out only after a vote has been taken.)

Yes: _________ No: _____________ DESCRIBE BELOW HOW THE DECISION WAS MADE: 7. WHAT IS THE POTENTIAL COST OR BUDGET IMPACT OF THE WAIVER? 8. EXPLAIN HOW THE WAIVER, IF GRANTED, MIGHT AFFECT OTHER EMPLOYEES OUTSIDE OF

THE REQUESTING SLC SCHOOL SITE OR CAMPUS AND OTHER OPERATIONS OF THE DISTRICT.

THIS FORM MUST BE SUBMITTED TO THE SUPERINTENDENT OR DESIGNEE AND ASSOCIATION PRESIDENT FOR A DETERMINATION OF WHO WILL BE ELIGIBLE TO VOTE. AFTER A VOTE IS

TAKEN, APPROVAL MUST BE RECEIVED FROM THE DISTRICT AND MEA PRIOR TO IMPLEMENTATION OF THE REQUESTED WAIVER

__________________________________________ __________________________________________ BUILDING PRINCIPAL MEA BUILDING REPRESENTATIVE ________________________________ __________________________________ DATE DATE • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •• • • • • • • • • • • • • • • • RESPONSE TO WAIVER REQUEST

REQUEST GRANTED: ______________ REQUEST DENIED: _______________

REQUEST GRANTED UNDER THE FOLLOWING CONDITIONS:

__________________________________________ ___________________________________________ SUPERINTENDENT MEA PRESIDENT ________________________________ __________________________________ DATE DATE


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Appendix H-1 Grievance Form A

DISTRIBUTION OF FORM: ____ Immediate Supervisor ____ Association ____ Grievant

COMPLAINT BY THE AGGRIEVED Type or Print: Aggrieved Person: Date of Presentation: Home Address of Aggrieved Person: Telephone: School: Immediate Supervisor: Years in School System: Subject Area or Grade: Association Representative: STATEMENT OF GRIEVANCE: SPECIFIC ARTICLE AND SECTION OF AGREEMENT ALLEGEDLY VIOLATED: RELIEF SOUGHT: ________ Signature of Aggrieved


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Appendix H-2 Grievance Form B

DISTRIBUTION OF FORM: ____ Immediate Supervisor ____ Association ____ Grievant

DECISION OF IMMEDIATE SUPERVISOR Type or Print: Aggrieved Person: Date of Meeting: School: School Principal/Immediate Supervisor: DECISION OF SCHOOL PRINCIPAL OR IMMEDIATE SUPERVISOR AND REASONS THEREFORE: Date of Decision:

Signature of Immediate Supervisor AGGRIEVED PERSON'S RESPONSE: I accept the above decision. I hereby refer the above decision to the Superintendent for decision. Date of Response: ________ Signature of Aggrieved


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Appendix H-3 Grievance Form C

DISTRIBUTION OF FORM: ____ Association ____ Grievant ____ Superintendent

DECISION BY SUPERINTENDENT Type or Print: Aggrieved Person: Date of Oral Presentation: Date of Appeal Received by Superintendent: Date of Hearing Held by Superintendent: DECISION OF SUPERINTENDENT AND REASONS THEREFORE: Date of Decision:

Signature of Superintendent AGGRIEVED PERSON'S RESPONSE: I accept the above decision by the Superintendent. I hereby submit this grievance to arbitration. Date of Response:


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Appendix I-1 EVALUATION SELECTION FORM

To be on file for each classroom teacher.

Date: __________________________ (school year) To: __________________________ (staff – print/type) From: __________________________ (principal) Subject: Annual Evaluation As per our conversation on ______________, you are placed on:

A. Regular Evaluation Process (see attachments)

B. Short Form

1 ‐ Short Form 1: One 30 minute observation with a written summary

2 – Short Form 2: At least two observations (without a written summary) totaling 60 minutes. A final written evaluation completed at the end of the school year.

3 – Short Form 3: Professional Growth Option with Intent to Participate

C. Certificated Evaluation Pilot: Participation in the Pilot is voluntary. The evaluation form used will be either a Short Form (PERS‐37) or Pilot evaluation.

___________________________________ Evaluator’s Signature

___________________________________

Staff Signature cc: Human Resources

Building File Rev. 6/12


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Appendix I-2 (PERS-29a)

MARYSVILLE SCHOOL DISTRICT Marysville, Washington

CLASSROOM TEACHER FORMAL OBSERVATION PRE-OBSERVATION CONFERENCE SUMMARY

TEACHER

EVALUATOR

POSITION

POSITION

BUILDING

PRE-OBSERVATION CONF. (optional)

Notice has been given that the teacher will be observed: (date) GRADE LEVEL: SUBJECT LESSON OBJECTIVE(S):

ACTIVITIES PLANNED:

SUPPLIES/MATERIALS TO BE USED:

MANNER OF ASSESSMENT: SPECIFIC ASPECTS OF LESSON TO OBSERVE: Rev. 3/1/98 (over)


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Appendix I-3 (PERS-35)

MARYSVILLE SCHOOL DISTRICT CLASSROOM TEACHER OBSERVATION SUMMARY

Teacher Observation Date Position Time To Building OVERALL ASSESSMENT: TYPE OF OBSERVATION: Satisfactory Formal

Unsatisfactory

Informal (Form Optional)

Noerle

Satis- factory

Un- satis-

factory

Not Obser-vable

1. INSTRUCTIONAL SKILLS 1.1 Planning and presenting learning experiences that provide for the

learning needs of individual pupils.

1.2 Establishing learning objectives/outcomes consistent with individual pupil learning needs and with District learning objectives and goals.

1.3 Planning and developing a variety of instructional experiences and outcomes appropriate to the grade or subject area.

1.4 Allowing flexibility in the conducting and implementing of the instructional plan/experience.

1.5 Using the principles of learning to facilitate the learning process. 1.6 Assessing pupil’s learning achievement and using the resultant data in

the design of future instructional experiences

1.7 Implementing local school district goals, objectives and policies, which affect/influence instructional decisions and classroom procedures.

Comments: 2. CLASSROOM MANAGEMENT 2.1 Selecting/creating and using curricular/instructional materials and media

appropriate to the pupil(s), subject matter, and the outcome/objective to be achieved.

2.2 Organizing the physical setting so that it contributes to learning. 2.3 Organizing individual, small group, or large group learning experiences

as appropriate to the pupil(s), subject matter, and outcomes desired.

2.4 Providing classroom climate that has a balance of pupil freedom and classroom security.

Comments: Page 1


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CLASSROOM TEACHER OBSERVATION SUMMARY (continued) (PERS-35)

Satis-

factory Unsati-factory

Not Obser-vable

3. PROFFESIONAL PREPARATION AND SCHOLARSHIP

3.1 Using instructional strategies/methods appropriate to the pupil’(s) subject matter(s) taught.

3.2 Relating and using the principles and methods of teaching theory as a basis for the design of learning experiences

3.3 Demonstrating a willingness to be involved with school and professional activities.

3.4 Implementing statutes and rules/regulations which have implecations for the professional’s practice, subject matter specialization, and school policy.

Comments: 4. EFFORT TOWARD IMPROVEMENT WHEN NEEDED 4.1 Attending appropriate inservice and career development activities. 4.2 Continuing education and training initiated and selected by the

individual.

4.3 Following-through and responding to recommendations included in periodic and annual personnel evaluations.

Comments: 5. THE HANDLING OF STUDENT DISCIPLINE AND

ATTENDANT PROBLEMS

5.1 Recognizing conditions which may lead to disciplinary problems. 5.2 Establishing clear parameters for student “in classroom conduct” and

making known these expectations.

5.3 Developing appropriate strategies for preventing disciplinary problems 5.4 Responding appropriately to disciplinary problems when they occur. 5.5 Resolving discipline problems in accordance with law, school board

policy, and the individual school’s guidelines, regulations and policies.

5.6 Assisting students toward self-discipline and acceptable standards of student behavior.

Comments: Page 2


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CLASSROOM TEACHER OBSERVATION SUMMARY (continued) (PERS-35)

Satis-

factory Un-

satis-factory

Not Obser-vable

6. INTEREST IN TEACHING PUPILS 6.1 Demonstrating willing involvement in the process of working with

students.

6.2 Recognizing characteristics of each student. 6.3 Using knowledge of individual student(s) to design learning

experiences and facilitate learning.

6.4 Working to establish positive relationships with students. Comments: 7. KNOWLEDGE OF SUBJECT MATTER 7.1 Using resources pertaining to general education and/or subject matter

specialization

7.2 Demonstrating depth of knowledge in the subject matter area. 7.3 Applying new developments, ideas, and events in the subject matter

area.

7.4 Understanding relationships between one’s subject matter field and other disciplines/subjects.

7.5 Working with essential learnings and related assessment techniques and tools.

Comments: 8. TEAMWORK 8.1 Working to develop positive working relationships with co-workers. 8.2 Working to develop positive relationships with parents. 8.3 Establishing communications with parents regarding class content and

student progress.

8.4 Demonstrating willingness to participate in team processes that occur during the workday such as site teams, grade level/department team meetings, IEP teams, etc.

Comments: Page 3


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CLASSROOM TEACHER OBSERVATION SUMMARY (continued) (PERS 35) Teacher: Postion Date: Evaluatee Comments: Evaluator Comments: (Comments must accompany any category marked unsatisfactory*). Presented: Evaluator:

Employee:

Signature Signature

The signature above does not necessarily imply that the evaluatee agrees with statement, but that the evaluatee has seen and discussed it with the evaluator. Page 4


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MARYSVILLE SCHOOL DISTRICT CERTIFICATED SUPPORT PERSONNEL OBSERVATION SUMMARY

Name: Observation Date: Position: Time: To Building: OVERALL ASSESSMENT: TYPE OF OBSERVATION: Satisfactory Formal

Unsatisfactory

Informal (Form Optional)

Not Obserle

Satis- factory

Un- satis-

factory

Not Obser- vable

1. KNOWLEDGE AND SCHOLARSHIP IN SPECIAL FIELD

1.1 Provides a theoretical rationale for the use of various procedures. 1.2 Demonstrates understanding of the basic principles of human growth and

development.

1.3 Demonstrates the ability and knowledge to make appropriate referrals. 1.4 Relates and applies knowledge, research findings, and theory deriving from the

individual’s specific discipline to the development of a program of services.

2. SPECIALIZED SKILLS

2.1 Designs and conducts a program providing specific and unique services within the individual’s specific discipline.

2.2 Demonstrates ability to synthesize and integrate testing and non-testing data concerning the students:

2.2.1 To help students integrate and assimilate data; 2.2.2 To help others involved with the student interpret and use data

appropriately and accurately; 2.2.3 To help other specialists by providing case study materials.

2.3 Administers assessment procedures or organizes and prepares those who will administer assessment procedures.

2.4 Demonstrates ability to assist teachers and administrators integrate specialized information into the regular curriculum program.

2.5 Develops goals and objectives consistent with District-level goals and objectives which will facilitate the implementation of programs and services.

3.0 MANAGEMENT OF SPECIAL AND TECHNICAL ENVIRONMENT 3.1 Selects or recommends testing and non-testing devises, materials, equipment

appropriate to student needs.

3.2 Demonstrates the use and understanding of limitations and restrictions of devices, materials and procedures.

3.3 Uses comparative and interpretive data. 3.4 Creates an environment which provides privacy and protects student and family

information, as mandated by codes of ethics, federal and state regulations, and local school district policies.


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CERTIFICATED SUPPORT PERSONNEL OBSERVATION SUMMARY (continued) Satis-

factory Un-

satisfactory

Not Obser vable

4.0. THE SUPPORT PERSON AS A PROFESSIONAL

4.1 Demonstrates awareness of the law as it relates to area of specialization. 4.2 Demonstrates awareness of responsibilities to students, parents and other

educational personnel.

4.3 Demonstrates a willingness to be involved in school and professional activities. 4.4 Continues education and training initiated and selected by the individual. 5.0. INVOLVEMENT IN ASSISTING PUPIL, PARENTS AND

EDUCATIONAL PERSONNEL

5.1 Consults with other staff, school personnel and parents, concerning the development, coordination and/or extension of services to those needing specialized programs.

5.2 Plans and develops support programs to assist in identifying the needs of the school population and the special needs of some students.

5.3 Interprets characteristics and needs of students to parents, staff and community, in group and individual settings, via oral and written communications.

Evaluatee Comments:


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CERTIFICATED SUPPORT PERSONNEL OBSERVATION SUMMARY (continued) Evaluator Comments: (Comments must accompany any category marked unsatisfactory*). Presented: Evaluator: Employee: Signature Signature

The signature above does not necessarily imply that the evaluatee agrees with statement, but that the evaluatee has seen and discussed it with the evaluator.


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Appendix I-5 (PERS 36) MARYSVILLE SCHOOL DISTRICT

TEACHER EVALUATION SUMMARY NAME SCHOOL ANNUAL ASSIGNMENT DATE 90 DAY OTHER OVERALL ASSESSMENT: Satisfactory ** Unsatisfactory CRITERIA FOR EVALUATION: 1. INSTRUCTIONAL SKILL. The certificated classroom teacher demonstrates, in his/her performance, a competent level of knowledge and skill in designing and conducting an instructional experience. Satisfactory * Unsatisfactory 2. CLASSROOM MANAGEMENT. The certificated classroom teacher demonstrates, in his or her performance, a competent level of knowledge and skill in organizing the physical and human elements in the educational setting. Satisfactory * Unsatisfactory 3. PROFESSIONAL PREPARATION AND SCHOLARSHIP. The certificated classroom teacher exhibits, in his/her performance, evidence of having a theoretical background and knowledge of the principles and methods of teaching, and a commitment to education as a profession. Satisfactory * Unsatisfactory 4. EFFORT TOWARD IMPROVEMENT WHEN NEEDED. The certificated classroom teacher demonstrates an awareness of his or her limitations and strengths, and demonstrates continued professional growth. Satisfactory * Unsatisfactory 5. THE HANDLING OF STUDENT DISCIPLINE AND ATTENDANCE PROBLEMS. The certificated classroom teacher demonstrates the ability to manage the non-instructional, human dynamics in the educational setting. Satisfactory * Unsatisfactory 6. INTEREST IN TEACHING PUPILS. The certificated classroom teacher demonstrates an understanding of and commitment to each pupil, taking into account each individual’s unique background and characteristics. The certificated classroom teacher demonstrates enthusiasm for or enjoyment in working with pupils Satisfactory * Unsatisfactory


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TEACHER EVALUATION SUMMARY (continued) (PERS 36)

NAME

SCHOOL

DATE 7. KNOWLEDGE OF SUBJECT MATTER. The certificated classroom teacher demonstrates a depth and breadth of knowledge of theory and content in general education and subject matter specialization(s) appropriate to the elementary and/or secondary level(s). Satisfactory * Unsatisfactory 8. TEAMWORK. The certificated classroom teacher demonstrates the ability and desire to be part of a larger

instructional team that includes co-workers, parents and students. Satisfactory

* Unsatisfactory * Specific comments must be attached for any “unsatisfactory” markings. **Overall assessment of unsatisfactory is a precursor to probation or non-renewal. EVALUATOR COMMENTS Additional comments attached

EVALUATOR SIGNATURE DATE

EVALUATEE COMMENTS. (OPTIONAL) Additional comments attached EVALUATEE SIGNATURE

DATE: The evaluatee’s signature does not necessarily imply that the evaluatee agrees with the preceding report, but only that he or she has seen and discussed it with the evaluator. Rev. 11/5/98


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MARYSVILLE SCHOOL DISTRICT CERTIFICATED SUPPORT PERSONNEL EVALUATION SUMMARY

NAME SCHOOL ANNUAL ASSIGNMENT DATE 90 DAY OTHER OVERALL ASSESSMENT: Satisfactory ** Unsatisfactory CRITERIA FOR EVALUATION: 1. KNOWLEDGE AND SCHOLARSHIP IN SPECIAL FIELD. Each certificated support person

demonstrates a depth and breadth of knowledge of theory and content in the special field. He/she demonstrates an understanding of, and knowledge about, common school education and the educational milieu grades K-12 and demonstrates the ability to integrate the area of specialty in the total school milieu.

Satisfactory * Unsatisfactory 2. SPECIALIZED SKILLS. Each certificated support person demonstrates in his/her performance a competent

level of skill and knowledge in designing and conducting specialized programs of prevention, instruction, remediation and evaluation.

Satisfactory * Unsatisfactory 3. MANAGEMENT OF SPECIAL AND TECHNICAL ENVIRONMENT. Each certificated support person

demonstrates an acceptable level of performance in managing and organizing the special materials, equipment and environment essential to the specialized programs.

Satisfactory * Unsatisfactory 4. THE SUPPORT PERSON AS A PROFESSIONAL. Each certificated support person demonstrates awareness of his/her

limitations and strengths and demonstrates continued professional growth. Satisfactory * Unsatisfactory 5. INVOLVEMENT IN ASSISTING PUPIL, PARENTS AND EDUCATIONAL PERSONNEL. Each certificated

support person demonstrates an acceptable level of performance in offering specialized assistance in identifying those needing specialized programs.

Satisfactory * Unsatisfactory CERTIFICATED SUPPORT PERSONNEL EVALUATION SUMMARY (continued)


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* Specific comments must be attached for any “unsatisfactory” markings. **Overall assessment of unsatisfactory is a precursor to probation or non-renewal.

NAME: SCHOOL:

DATE: EVALUATOR COMMENTS: Additional comments attached

EVALUATOR SIGNATURE DATE

EVALUATEE COMMENTS: (OPTIONAL) Additional comments attached EVALUATEE SIGNATURE

DATE: The evaluatee’s signature does not necessarily imply that the evaluatee agrees with the preceding report, but only that he or she has seen and discussed it with the evaluator.


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Appendix I-7 MARYSVILLE SCHOOL DISTRICT (PERS-37) CLASSROOM TEACHER OBSERVATION SUMMARY

SHORT FORM/PGO

EVALUATION SUMMARY

I hereby certify that _________________________meets a performance level of Employee’s Name satisfactory or above in all the criteria for certification staff evaluation in RCW 28A and the Marysville Education Association/Marysville School District collective bargaining agreement. Signature of Evaluator Signature of Evaluatee __________________________ __________________________ Date Date


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Appendix I-8

Marysville School District #25

Professional Growth Option

Intention to Participate After reading the information on the Professional Growth Option and determining that I am eligible for P.G.O., I am declaring my intention to participate in the program. I understand that WAC 392-191-080 stipulates that one or more of the following sources of information are to be used in developing my professional growth plan. 1) Peer review and evaluation; 2) input by parents; 3) input by students; 4) personal and/or professional goals; 5) school district goals; 6) building goals; 7) self-assessment; 8) personal academic records; and/or 9) school district evaluations. I further understand that this form must be filled out and turned into the building administrator for consideration by October 1 or I may not be able to participate in P.G.O., that the decision to participate is made mutually by the employee and the supervisor, and that only up to one-third of staff members may participate in the P.G.O. each year. Name _________________________________ Building _________________________________ Building Administrator __________________________________ Date Received __________________________________


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MEMORANDUM OF UNDERSTANDINGS

Any Memorandum of Understanding included below is for informational purposes and is not to be considered a part of the Collective Bargaining Agreement. STUDENT DISCIPLINE The mutual interest of the District and Marysville Education Association is to provide a safe and orderly learning environment for students and staff. To achieve this end, the District agrees to do the following:

1. Beginning with the 2005-06 school year, identified middle school staff and identified staff from two elementary schools will participate in trainer of trainers professional development in implementing the Safe and Civil Schools model. Over the next few years, staff from all schools will be trained in the Safe and Civil Schools model, using a tiered-cohort approach to training.

2. The District will implement a middle school curriculum on bullying and harassment. 3. Beginning in the Fall of 2005, every school will convene a student behavior/discipline plan

committee composed of staff and parents to review/develop a school-wide discipline plan. Copies of the completed plan will be shared with all staff. Parents and students will be informed of the plan as well. Copies of the plans will be shared with District supervisors and MEA. The District will provide technical assistance when needed.

4. The administrative staff of every school will develop a plan to provide coverage for the removal

from the classroom of disruptive students. This plan shall include provision for back-up when the principal, assistant principals, or security is absent from the building. A copy of each building plan shall be provided to MEA.


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Memorandum of Agreement between the

Marysville School District and the

Marysville Education Association

Whereas the State of Washington passed ESSB 5895 requiring a new 4-tiered teacher evaluation by 2013-14; Whereas the Marysville School District, after a joint MSD-MEA committee process, has adopted the CEL 5-D+ teaching framework; Whereas the parties wish to pilot this new effective teaching framework during the 2012-13 school year; Now therefore the parties agree as follows:

1. Effective 2012-13 This memorandum of agreement shall be effective for the 2012-13 school year only. This MOA applies to all certificated classroom teachers who participate in the evaluation pilot, as outlined herein. Certificated classroom teachers at Totem Middle School and Quil Ceda Elementary are required, under SIG, to use this new evaluation tool. As such, only sections 3 and 4, apply to teachers at Totem Middle and Quil Ceda Elementary.

2. Selection of Participants

Participants in the pilot evaluation system shall be voluntary for the 2012-13 school year. Prior to October 1, 2012 principals at each school shall give their staffs the opportunity to volunteer. From those volunteers, principals will select those who will be evaluated under the new evaluation system

3. Self Reflection Form

As the first step in the annual evaluation process, teachers in the pilot will be asked to complete a “Self Reflection Form” (see attached). Following completion of the Self Reflection Form by October 31, the Principal and teacher will engage in a conversation concerning the teacher’s reflections for the year and to set goals for student learning based on preliminary data. During said conversation the teacher and evaluator will agree on a professional growth focus area(s), the teacher’s plan for working on that focus area(s), and the assistance and support that is to be provided by the evaluator. Another such conversation shall be held during the year-end final evaluation conference. Nothing herein is intended to restrict the teacher or the Principal from initiating additional conversations than what is required above. Because this form is intended solely as a means for professional growth, the form shall not be used as a basis for the evaluator’s year end evaluation of the teacher.

4. Evaluation Process

Evaluators and teachers participating in the 2012-13 evaluation pilot shall follow the procedures outlined in Section 9.2 A-H Regular (Long Form) Evaluation Process:

Section 9.2 Regular (Long Form) Evaluation Process The regular evaluation process shall include:

A. Criteria and Indicators


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Evaluation shall be based on the appropriate criteria and indicators listed in the "Evaluation Criteria" herein.

B. Observation Time

Each employee shall be observed for the purpose of evaluation at least twice in the performance of their assigned duties. Total observation time for each employee shall not be less than sixty (60) minutes. New employees shall be formally observed at least once for a total observation time of at least thirty (30) minutes during the first ninety (90) calendar days of employment. No employee shall be placed on probation unless a minimum of three (3) formal observations were conducted.

C. Formal Observation

At least one (1) of the observations shall be a pre-arranged formal observation. Employees will be given no less than three (3) work days notice as to when a formal observation is to be conducted.

1 Pre-observation Conference

A pre-observation conference between the evaluator and evaluatee shall be held if requested by the employee or the evaluator. For classroom teachers the Appendix I-2 form may be completed at said conference, one copy of which to be provided to the employee.

2. Minimum Time

A formal observation shall consist of not less than twenty (20) minutes focused on some or all of the evaluation criteria and indicators.

3 Post Observation Conference

A post-observation conference between the employee and evaluator shall be held within a week of the observation, with follow-up conferences as agreed.

D. Observation Summaries

After each of the two (2) required observations, there will be a written observation summary prepared by the evaluator with the employee receiving a copy within ten (10) days after the observation was held. Said summary shall be prepared on the appropriate form entitled, “Teacher Observation and Final Evaluation Form”. Observations that are documented by the evaluator are to be separated by at least ten (10) workdays to allow meaningful preparation by the employee.

E. Informal Observations Informal observations focused on some or all criteria or indicators may be held at any time during the performance of assigned duties. These observations do not require pre-arrangement, pre-conference or post-conference. If there is an area of concern based upon such informal observation, the employee shall be notified in writing by use of the appropriate form, “Teacher Observation and Final Evaluation Form”.

F. Assignment Outside Area of Training/Endorsement Employees placed in a partial assignment outside their area of training/endorsement, will not be evaluated in that area unless they have had at least one full year of experience in that assignment. Though not likely to occur, if an employee’s total assignment is outside their area of training/endorsement, the evaluator will give due consideration to that factor, and for the future the District, in consultation with the employee, will make a reasonable effort through reassignment or


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other steps to ensure the employee is assigned to a position for which the employee has training/endorsement.

G. Final Evaluation and Conference Upon completion of the required observations and conferences described above, the evaluation summary will be completed and reviewed at a conference between the employee and the evaluator. This conference is not to be the same conference as referred to in paragraph C-3, above. Said summary shall be prepared on the appropriate form, “Teacher Observation and Final Evaluation Form”. The employee shall receive a copy of the final evaluation summary at the conference unless as a result of the conference revisions are to be made. In this case, a copy of the revised evaluation summary shall be given to the employee no later than ten (10) days after the date of the conference. In no event shall the final evaluation summary be completed and a copy provided to the employee later than the end of the first full school week in June.

H. Prerequisite for Unsatisfactory Final Evaluation

An "unsatisfactory" may not be included in the final evaluation (i.e., evaluation summary) of an employee unless the concern(s) has been previously presented to the employee in writing, and suggestions for improvement indicated. A plan/program of improvement is only to be used if an employee is placed on probation. References to a plan/program of improvement in any observation or evaluation documents may only be made if an employee is on probation. However, said documents may be used by the evaluator to indicate any concerns and to make suggestions for improvement.

No teacher participating in the evaluation pilot will be considered for probation. In addition to the provisions in Section 9.2, it is recognized that some evaluation indicators are based on evidence gathered through means other than observation.

5. Additional Implementation Steps

The parties agree to address additional implementation steps of the new evaluation system in the bargaining that will occur prior to the start of the 2013-14 school year.

6. Year-end Performance Ratings

The parties agree to use the procedure adopted by OSPI to determine a teacher’s overall evaluation rating, when that procedure becomes available. Teachers in the pilot who receive an overall evaluation rating of 3 or 4 shall have the option of using the pilot evaluation as their evaluation of record (included in their personnel file). Teachers who agree to use their pilot evaluation as their comprehensive evaluation of record shall be eligible for a focused evaluation the following year. Teachers with an overall rating of 1 or 2 shall submit the Short Form PGO (Appendix I-8) as their evaluation of record (included in their personnel file). The parties agree that classroom teachers accepted into the evaluation pilot will waive the contract provision requiring the long-form evaluation process every five years, for the purpose of participating in this evaluation pilot during the 2012-13 school year. Thus all pilot teachers, regardless of where they are in the evaluation cycle, shall be eligible for the Professional Growth Option (PGO).