CAT Tracks for July 28, 2002 PRIOR TA'S ON LANGUAGE

As promised...here are the language items that were tentatively agreed to last year: (Changes are underlined and in italics.)

ARTICLE II

EMPLOYEE AND ASSOCIATION RIGHTS

2.2 - Personnel File (Total Rewrite of Section)

There shall be only one personnel file which shall be maintained at the superintendent's office. Every employee shall have the right to review all materials in his/her personnel file by appointment upon written notice during the normal business hours and in the presence of a designated employee of the BOARD. A designated representative of the employee's choosing may inspect an employee's file, if written approval by the employee is given to the Superintendent.

No employee shall remove any material from a personnel file. When copies are required, a designated employee of the BOARD will make necessary copies at a charge not to exceed the cost of duplication determined annually by the BOARD. The BOARD shall notify the employee in writing if it is required to produce the personnel file pursuant to any state and/or federal laws and/or their implementing regulations. When an employee file is required by another agency and the request is not initiated by the employee, then the employee will not be charged.

No materials shall be placed in the employee file unless the employee has first been given a copy of the material and an opportunity to sign as received. If the employee declines to sign, said material may be placed in the personnel file if the Association President is first notified in writing of said action. Any alleged incident which has not been reduced to writing in thirty (30) calendar days shall not be added to the file. Any materials not contained in the employee's personnel file shall not be used to evaluate or discipline the employee in any manner. The employee may if he/she chooses, respond the any documents in his/her file within ten (10) school days of the date such documents are served on the employee, which response will be attached to the document in question.

2.4 - Meetings, Notices, and General Information (Deleted some of the original language and incorporated parts of Section 2.6 and Section 2.7)

The ASSOCIATION shall not be denied the following:

A. The use of school buildings for meetings upon prior written request to the building administrator if said meeting does not conflict with previously scheduled events.

B. The use of employee communications system and faculty lounge/teacher work room bulletin boards for the purpose of internal communications when and where available.

C. The President of the ASSOCIATION shall receive a copy of the agenda and minutes of all BOARD meetings, excluding executive session.

D. The BOARD shall also make available annual financial reports and audits, a register of employees to include experience and placement on the salary schedule along with gross pay, tentative budgetary requirements and allocations, treasurer's reports, bill listings, census and pupil data when such information has or should have been made a matter of public record.

2.5 - Association Matters - Board Agenda

DELETED

2.6 - Board Minutes - Association Copies

DELETED

2.7 - Board-Association Cooperation - Financial Data

DELETED

2.9 - Employee Orientation

The process shall include an orientation to Board policies, Association contract with the Board, the evaluation process, and support services. The superintendent will provide the Association with thirty (30) minutes in the first scheduled in-service program for orientation of new employees regarding the contract and the Association. This 30-minute period shall be placed on the written agenda of said in-service program.

The Board, through its administrators, shall develop and implement a "mentor program" for new District employees (and transferred employees at their request). This program shall include, but not be limited to, the assignment of a tenured teacher (with similar duties if possible) to said employee during his/her first year of employment for the purposes of orientation and professional development. The administrators will choose the mentor from volunteers. Efforts will be made by the administration to provide the mentor with appropriate time and resources to fulfill his/her responsibility. It is understood that any volunteer may rescind his/her decision to mentor at any time by written notice to and conference with the administrator without being considered unprofessional.

2.10 - Employee Evaluation

Employee evaluations will be done in accord with Article 24A of The School Code of Illinois, ISBE Rules and Regulations, and the District's Evaluation Plan.

Following an observation, if the principal believes an employee has a significant deficiency, he/she shall notify the employee within fifteen (15) work days of the observation in writing in specific terms of deficits he/she observes, as well as specific suggestions as to how the teacher can remedy those deficits. The employee shall have at least twenty (20) work days following this written notice in which to attempt to eliminate or reverse the deficits noted in the observation. Following this period, the principal shall observe the teacher once more before completing the final written evaluation.

Videotaping of instruction shall be done only with the permission of the teacher and the resulting tapes shall be used for self improvement and/or improvement of instruction and shall not be used for disciplinary or dismissal proceedings.

The parties agree that the grievance procedure set forth in this collective bargaining agreement shall apply only to the procedural safeguards set forth in the evaluation plan which is a part of this collective bargaining agreement and that the grievance procedure shall not apply to the content of the evaluations actually conducted by the administration.

An Evaluation Committee shall be established consisting of the superintendent, four building principals, Association president, and four teachers chosen by the Association. The Evaluation Committee shall be responsible for the following:

A. Monitoring on a continuing basis the evaluation form and procedure to assure reliability and validity.

B. Reviewing and revising the instrument and procedures used to assess standards of satisfactory performance, and submitting any changes agreed upon by a majority of the committee to the Illinois State Board of Education (ISBE).

C. DELETED

2.12 - School Board Policy (Total Rewrite of Section)

Formal policies of the BOARD shall be set forth in a Policy Manual. All employees shall have access to the Policy Manual. Each attendance center shall have a Policy Manual located in the library for the use of all employees. The President of the ASSOCIATION shall be provided with a copy of said Policy Manual, which shall be turned over to each succeeding President of the ASSOCIATION. Another copy of the Policy Manual shall be available for use by the President of the Association and permanently kept in the administration office for said purpose. When changes are made to the Policy Manual, the BOARD shall be responsible for ensuring all copies of the Policy Manual within its control are updated.

2.13 - Selection of Teacher Aides (Dropped "Building Principals, and Teachers")

Each teacher shall be involved in the screening of the teacher aide applicants for their classroom by his/her building principal. The BOARD shall, based on its statutory authority, make the final hiring decision concerning teacher aides.

DELETED "B" (selection of building principal) and "C" (guidelines for selection of new teachers).

2.14 - Exit Criteria Review Committee

DELETED

2.15 - School Calendar (NO CHANGE - Moved addendum into Contract.)

The superintendent shall submit for discussion the proposed school calendar to the Association president prior to its submission to the Board for adoption. Except in the case of an emergency, the school calendar shall provide that the first semester will end on the last student attendance day prior to Christmas vacation and grades for said semester will be due no sooner than the third (3rd) work day following the end of said vacation.

2.17 - Pupil Discipline

Student discipline is a joint responsibility of the BOARD, the administration, and the employee. The employee has the primary responsibility for maintenance of discipline within the classroom. The BOARD, through its administration, has the primary responsibility for maintaining discipline in the district and providing all reasonable assistance to the teacher in maintaining classroom control and discipline.

DISCIPLINE POLICY: The District shall maintain a discipline policy for each attendance center which includes a Code of Conduct with progressive penalties for violation of said code. Within these guidelines, the administrator shall determine the appropriate punishment and placement of all students removed from class. Any changes in said Code shall be made only after review by the faculty and approval by the Board of Education. Any complaint by an employee alleging that the Code of Conduct is not being followed shall be referred to a building discipline committee consisting of the Principal, Dean of Students (if applicable), and three (3) teachers elected by the faculty of that building for review.

TEACHER-PARENT/STUDENT CONFERENCES: The administration shall be sensitive to the possible volatility of disciplinary conferences and shall make every effort to ensure that employees are not subjected to verbal and/or physical abuse during said conferences.

EXCLUSION OF STUDENT FROM CLASS:

A. Secondary Level--A student sent to the office for a Classification II or III violation of the Code of Conduct shall not be readmitted to the classroom during the same class period for which he/she was excluded.

B. Elementary Level--A student sent to the office for a severe act of misconduct as defined in the Student-Parent Handbook shall not be readmitted to class without a minimum of 50 minutes outside of the regular classroom.

C. Concurrent to the readmittance of an excluded student, the employee shall receive notification of the action taken.

D. Behavior incidences for students with IEPs or 504 designations shall be handled additionally in accordance with behavioral intervention plans, which shall take precedence for those students.

E. A student shall not be transferred from one self-contained classroom to another without prior consultation with the teachers involved unless said transfer is done for the purpose of balancing teacher-student ratio. Transfers at student/parent request are discouraged.

ARTICLE III

EMPLOYMENT CONDITIONS

3.1 - Notification of Assignment

Employees shall be given written notice of their tentative assignment by June 15. A written notice of assignment for the ensuing school year shall be given no later than July 15. In the event changes are made in the employee's assignment after this date, the employee shall be notified promptly in writing with reasons for same and afforded a conference with his/her immediate building supervisor and/or superintendent and shall be entitled to have a representative of the Association present. The employee shall be allowed a one (1) year leave of absence without loss of seniority if such change is not acceptable to him/her. It is the understanding of both parties that although employment is guaranteed following said leave of absence, the original position may no longer be available.

The assignment for the ensuing school year (as of July 15) shall include: (1) location of teaching station, (2) grade level and/or subject area(s), and (3) class schedule.

Note: It is understood by the parties that Section 3.1 shall not be used to deny an employee voluntary or involuntary transfer rights.

3.4 - Voluntary Staff Transfer (NO CHANGE - Adendum moved to main body of contract.)

Any qualified employee who received at least a satisfactory rating in his/her most recent evaluation may apply for transfer to an existing teaching vacancy as identified in Section 3.3 of this Agreement. Such application shall be in writing to the Superintendent and the building principal where the vacancy exists. If application is made at least 30 calendar days prior to the first day of a new school year, the voluntary transfer shall be granted. If the request for voluntary transfer is made after this time, including during the school year, it shall be granted if the District can fill the volunteer's vacated position as easily as the one being advertised.

In the event that more than one employee applies for a transfer to an existing teaching vacancy as identified in Section 3.3 of this Agreement, the Board has the authority to choose the most qualified employee amongst those applying for said existing teaching vacancy.

3.8 - Involuntary Transfer

Prior to the involuntary transfer of a teacher for nondisciplinary or non-remedial reasons to a position in another building to which the teacher was not assigned for any part of the prior year, the transfer position will first be posted as per Section 3.3 of the Agreement. EXCEPTION: If an employee vacates a position, the District administration may reassign personnel WITHIN that same building without external advertisement IF the intent is to reduce the number of teaching positions within that building. However, the "vacancy" SHALL be posted internally within that building so that employees may exercise their rights under Section 3.4 - Voluntary Transfer.

If after complying with the first paragraph of this section, the position is vacant or if the involuntary transfer is for disciplinary or remedial reasons, the reason(s) for the involuntary transfer must be clearly specified in writing to the teacher fifteen school days prior to the effective date. The reason(s) must be accurate and substantial.

A teacher with ten or more years of experience in the District will have the right to veto any reassignment (as defined in the first paragraph of this section) unless the reassignment is being done to reduce the number of teaching positions. (The reduction in position(s) may be any reduction via attrition or RIF that takes place prior to the beginning of the first day of school.)

3.11 - Working Conditions The length of the work day for all employees shall not exceed seven and one half (7 1/2) consecutive hours including preparation periods and lunch periods.

A. All employees shall have a duty free lunch period of no less than 30 minutes and an unassigned preparation period. Said lunch periods and preparation periods shall be provided daily unless school is dismissed early. At the secondary level, the preparation period will be equal in length to a regular class period. At the elementary level, the preparation period will be no less than forty-five (45) consecutive minutes.

B. If an employee is required to assume the responsibility of another employee's students simultaneously with his/her own students, then the employee shall be compensated at the internal substitution rate per period of said requirement.

C. Any traveling employee shall be provided with preparation and lunch periods as would any other employee and traveling time shall be scheduled so as not to infringe on these relief periods. Traveling time shall be scheduled so as to allow time for take-down and clean-up at one work-site, travel time, and set-up at the next work-site.

D. Any employee assigned a class during their preparation period will be paid a prorata stipend (1/6).

E. Any special education teacher whose number of special education students exceeds the limits mandated by state and/or federal law shall be compensated at the internal substitution rate for each period of said violation. If an aide is required for an individual student by an IEP and none is present, the teacher shall be compensated at the internal substitution rate per period of said requirement.

F. Home Visits--No employee shall be required to make unaccompanied home visits. Employees who agree to make home visits shall be provided time during the regular school day to make such visits.

3.12 - Instructional Facilities

If it becomes necessary to assign an academic class to an area other than a classroom (e.g. cafeteria, boiler room, etc.) for more than ten (10) school days, that situation shall be impact bargained.

3.17 - Lesson Plans (NEW SECTION)

In the event of absence, teachers shall make every effort to insure that lesson plans are available for substitute teachers. Building principals may request that three (3) days of "emergency lesson plans" be on file in the office in the event that a teacher is unexpectedly absent and unable to leave/send lesson plans for a substitute.

ARTICLE IV

EMPLOYEE COMPENSATION AND FRINGE BENEFITS

4.3 - Payroll Installments

Each employee shall be paid on the basis of twenty-four (24) equal payments. Paychecks will be issued on the 15th and 30th of the month, except as per Section 4.2 of this contract.

Employees requesting balance of yearly pay on the first pay day following the last day of school must do so by notifying the superintendent in writing no later than May 15. The total number allowed shall not exceed fifteen (15) in number and shall first honor those teachers resigning or dismissed by the District. Requests for payment for those not leaving the District will be honored by lottery. Federal and State tax deducted from the lump-sum payment shall be at the approximate rate/amount as if payments had been made as normally scheduled.

Upon written request received no later than September 10 to the Superintendent, each employee shall have the option of having his/her paycheck mailed directly to the employee's bank so that under normal circumstances the employee's bank will credit the employee's account on the regular payday. Said written request shall remain in effect unless rescinded in writing by said employee. Changes shall be limited to two (2) times per year unless there are mitigating circumstances. Whenever the District's computer software is upgraded to allow for the electronic deposit of funds in area banks, the District shall institute said practice as soon as possible, but no later than the ensuing school year. Each employee shall have the option of having his/her paycheck electronically deposited into his/her bank account upon written request to the Superintendent. Said written request shall remain in effect unless rescinded in writing by said employee. These electronically deposited funds shall be available for the employee's use at the beginning of the business day on the regular pay date, barring computer difficulty.

An employee may normally change his/her mailing address and/or electronic deposit account number upon written notification to the payroll department at least ten (10) work days prior to a regular pay date.

4.22 - WORKSHOP ATTENDANCE (NEW SECTION)

Administrative procedures for allowing employees to attend workshops shall be developed by June 30, 2002. A copy of same shall be provided to each bargaining unit member. Any employee denied permission to attend a workshop shall be provided with written reason(s).

During the school term, an employee who attends a workshop on a regularly scheduled work day that is canceled due to inclement weather, act of God, or other reason shall be compensated at his/her daily rate of pay if the employee was requested to attend by a district administrator.

ARTICLE V

LEAVES

5.1 - Sick Leave

Each employee shall be entitled to twelve (12) sick leave days per school term without loss of pay. Sick leave shall accumulate to no more than two hundred thirty-five (235) days plus unused personal leave days, including the leave of the current year. Sick leave shall be interpreted to mean personal illness, including pregnancy-related illnesses, or illness or death in the immediate family or household. The immediate family for purposes of this Article shall include: parents, spouse, brothers, sisters, children, grandparents, grandchildren, parents-in-law, brothers/sisters-in-law, legal guardians, aunts, uncles, nephews and nieces.

An employee shall also be allowed to use sick days to attend the funeral of individuals not in the immediate family or household.

Bargaining unit members who retire from the district and have accumulated sick leave in excess of the maximum number of days allowable for creditable service with TRS shall be compensated for said days in excess at a rate of 60% of the prevailing substitute teacher rate of pay.

5.8 - Pooling of Sick Leave

Accumulated sick leave may be shared on a prorated, per diem basis (based on taxable income) by any and all District employees, with mutual approval of the employees involved. The per diem shall be calculated by dividing the taxable salary by 180 days for teachers or by multiplying the hourly rate times the number of hours worked per day as per contract for non-certified personnel to determine salary paid per day. An employee may not receive a sick day from another employee until said employee has exhausted his/her sick leave and then only on a day-to-day basis. This section cannot and will not be used in any way to affect a change in retirement benefits for any employee involved. An employee who leaves the District may not donate accumulated but unused sick days to another.