THE DISTRICT SCHOOL BOARD OF MARION COUNTY,
FLORIDA,
and
THE MARION EDUCATION ASSOCIATION
TABLE
OF CONTENTS
PAGE
Article 1.00
Recognition -- Parties to Contract
Section 1.10 Agreement
............................................................................. 04
Section 1.20 Recognition............................................................................ 05
Section 1.30 Bargaining
Unit Composition................................................. 05
Article 2.00 Association
Rights
Section 2.10 Dues
Deduction..................................................................... .05
Section 2.20 Facilities
and Information....................................................... 06
Section 2.30 Committees............................................................................ 07
Section 2.40 Bulletin
Board Use................................................................ .09
Section 2.50 New
Teacher Orientation.....................................................
.09
Section 2.60 District
Committees............................................................... 09
Section 2.70 Courier
Service...................................................................... 10
Section 2.80 Association
Leave.................................................................. 10
Article 3.00 Employer
Rights
Section 3.10 Board
Rights.........................................................................
10
Article 4.00 Grievance
Procedure
Section 4.10 Definitions
and Procedures...................................................
11
Article 5.00 Employment
Conditions
Section 5.10 Physical
Setting...................................................................... 14
Section 5.20 Employee
Transfer................................................................. 16
Section 5.30 Terms
of Workday.................................................................. 22 Section 5.40 Evaluation 23
Section 5.50 Employee
Authority............................................................... 25
Section 5.70 Special
Provision.................................................................... 28
Section 5.80 Provisions
for Securing A Substitute..................................... 30
Section 5.90 Inclusion................................................................................. 32
Article 6.00 Layoff
and Recall
Section 6.10 Definitions
and Procedure...................................................... 32
Section 6.20 Special
Provisions.................................................................. 38
Article 7.00 Leave
of Absence
Section 7.10 Definitions
and Limitations................................................... 39
Section 7.20 Sick
Leave............................................................................. 39
Section 7.30 Personal
Leave (Compensated)............................................ 40
Section 7.40 Personal
Leave (Uncompensated)........................................ 41
Section 7.50 Parental
Leave....................................................................... 41
Section 7.60 Military
Leave....................................................................... 42
Section 7.70 Special
Leave Provision........................................................ 43
Section 7.80 Sick
Leave Bank................................................................... 44
Article 8.00 Compensation
Section 8.10 Salary
Schedule..................................................................... 47
Section 8.20 Experience............................................................................. 49
Section 8.30 Insurance................................................................................ 52
Section 8.40 Retirement............................................................................. 53
Section 8.50 Holidays................................................................................. 55
Section 8.60 Supplement
Schedule............................................................. 55
Section 8.70 Special
Provisions.................................................................. 58
Article 9.00 Year-Round
School
Section 9.10 Transfers
to Traditional School............................................ 59
Section 9.20 Off-Track
Teachers............................................................... 59
Section 9.50 Charter
Schools .................................................................... 59
Article 10.00 Accountability
Section 10.10 School
Committees................................................................ 60
Section 10.20 Contract
Waivers................................................................... 60
Section 10.30 Out-placement........................................................................ 61
Section 10.40 Staff
Surveys.......................................................................... 61
Article 11.00 Duration
Section 11.10 Term
of Contract................................................................... 61
Section 11.20 Reopeners.............................................................................. 61
Section 11.30 Signatures 62
COLLECTIVE
BARGAINING AGREEMENT
This Agreement made and entered into this 1st
day of July 1, 2001 by and between THE DISTRICT SCHOOL BOARD OF MARION COUNTY,
FLORIDA, hereinafter called the "Board" and THE MARION EDUCATION
ASSOCIATION, hereinafter called the "Association."
WITNESSETH:
WHEREAS: the Board and the Association have
engaged in collective bargaining with respect to the rate of pay, wages, hours
and other terms and conditions of employment of the certified Bargaining Unit,
and
WHEREAS, the parties desire to reduce their
agreement with respect to such matters to writing,
THEREFORE, in consideration of the mutual
covenants and agreements herein contained, the parties hereto agree as follows:
ARTICLE
1.00
RECOGNITION
Section 1.10 The
Board hereby agrees that employees of the Board shall have the right to
organize, join, and support the Association for the purpose of engaging in
collective bargaining and other lawful activities for their mutual aid and
protection. As a duly elected body
exercising governmental power under color of law of the State of Florida, the
Board undertakes and agrees that it will not deprive or coerce any employee in
the enjoyment of any right conferred by this Agreement, it will not
discriminate against any employee by reason of membership or nonmembership in
the Association or in the institution of any grievance, complaint or proceeding
under this Agreement.
Section 1.20 The
Board hereby recognizes the Association as the exclusive bargaining
representative of employees defined in the certification instrument (Case
#8H-RA-754-1029: Certificate #15)
ordered by the Florida Public Employees Relations Commission on the 28th day of
March, 1975: Entered the 9th day of
April, 1975 in Tallahassee, or as may be amended by the Public Employees
Relations Commission in accordance with state statute.
Section 1.30 The
Bargaining unit consists of all instructional employees of the Board (in the
following identified positions), except as may be amended by the Public
Employees Relations Commission in accordance with state statute: classroom teachers, including art teachers,
music teachers, librarians and physical education teachers, speech teachers,
teachers of mentally handicapped, teachers of the emotionally handicapped,
teachers of the gifted, teachers of the
hospitalized/homebound, teachers of the visually handicapped, and social workers; teachers under the
Elementary and Secondary Education Act, Resource teachers, guidance counselors,
occupational specialists; school psycho metrists; teachers who are grade level
chairpersons; and teachers who are Department Heads, Area Coordinator, Adult
Education; Vocational Administrative Assistant, and Florida Learning Resource
System Consultants. The term
"teacher," whenever used in this Agreement shall be deemed to mean
employees of the Board who are identified by the above certification order
regardless of job title or job description.
ARTICLE
2.00
ASSOCIATION
RIGHTS
Section 2.10 Employees
of the Board who are members of the bargaining unit for which the Association
has been certified as bargaining representative and who elect to become members
of the Association may execute and deliver to the Association an assignment
authorizing payroll deduction of the Association's membership dues and uniform
assessments for the transmittal to the Board subject to the conditions of this
Agreement.
Section 2.11 An
authorization for dues deduction pursuant to the provisions of Section 2.10
shall continue thereafter unless revoked by the employee. Revocation notice must take place at the
UniServ Office on a Board-provided form available at the UniServ Office. Revocation notice may occur during the first
ten (10) working days of any school semester.
The employee will be responsible for delivering the form to the
Board. Deductions will cease following
receipt by the Board of revocation notice.
Section 2.12 The
Association's right to payroll deduction, unless revoked pursuant to Florida
Statute 447.507, shall be in force for so long as the Association remains the
certified bargaining agent for the employees in the bargaining unit.
Section 2.13 No
later than July 1 of each year, the Association shall certify to the Board the
total amount of uniform dues and assessments for the period commencing July 1
and ending June 30 of each year, which is to be deducted from the salary of an
employee authorizing such deduction pursuant to the provisions of Section 2.10
Section 2.14 The
Board, pursuant to an employee=s authorization, pursuant to Section 2.10,
will deduct from twenty (20) paychecks 1/20 of the amount certified by the
Association, pursuant to Section 2.13, from the salary check of an
employee. No deduction will be made
with respect to an employee whose authorization, pursuant to Section 2.10, is
received less than ten (10) working days prior to that employee's next
regularly scheduled pay date, the dues deduction shall not commence until the
following pay date.
Section 2.15 Association
dues and uniform assessments deducted by the Board, pursuant to an employee's
authorization under Section 2.10, shall be remitted to the Association on or
before the 10th working day following such deduction.
Section 2.16 It
is expressly understood and agreed that in the event of a conflict between the
terms of this Agreement and any authorization for dues deduction submitted to
the Board, the provisions of this Agreement shall prevail.
Section 2.17 The
Association agrees that it will indemnify and hold the Board harmless from any
claim or demand asserted by an employee against the Board by virtue of the
Board's performance of the provisions of this Agreement.
Section 2.20 Upon
prior approval of the building principal and Superintendent, the Business Agent
for the Association shall be allowed to use school building facilities for
Association meetings. Such meetings
shall not cause interference with or interruption of a school service or function.
When special services are required as a result of such use, the Association
shall pay a reasonable charge.
Section 2.22 The
Board agrees to furnish the Association copies of any information provided by
the Superintendent to the members of the Board concerning the financial
resources and financial condition of the school district including the school
district budget, monthly and annual financial reports, information relative to
members of the bargaining unit, pupil enrollment and attendance data, etc.,
provided that the Association has requested this material and agrees to
reimburse the Board for reasonable charges for reproduction of this material.
Section 2.23 Faculty
meetings conducted after the students have been dismissed may extend a time
period of approximately ten (10) minutes to the building representative of the
Association for the purpose of announcements and dissemination of Association
news, provided that the extension of this time is requested by the building
representative prior to the beginning of the faculty meeting. Faculty meetings conducted before the
students arrive may be extended in the same manner and with the same provisions
except that the time period may be shortened at the principal's
discretion. When it is not possible for
the principal to hold a monthly staff meeting with the entire faculty, the MEA
Building Representative may request to hold an MEA meeting once a month during
non-student contact time at the beginning or the end of the teacher work
day. The time and place of the meeting
shall be approved in advanced by the principal.
Section 2.30 SCHOOL
COMMITTEES - The members of the bargaining unit in each school shall elect
a School Committee. Such Committee,
however, shall not have fewer than three (3) members, not more than seven (7)
members. Upon request of either party, the Committee shall have the
right to meet with the building principal to hold discussions which will
include, but not be limited to, the following areas; supplementary texts,
materials, supplies and equipment to be purchased within the budget allocation
for that school or department; problems within the school relating to the
implementation of this Agreement or district-wide Board policies. Further, the initiating party will submit to
the other, at least twenty-four (24) hours prior to the meeting, an agenda
covering the proposed meeting.
Section 2.31 Members
of the bargaining unit who are not home based in a particular school, but who
can be grouped by their area of specialization, shall elect a committee for
their area of specialization. This
committee shall not have fewer than three (3) members, nor more than seven (7)
members, and shall meet upon request of either party with the appropriate
supervisor for the purpose of discussion including, but not limited to, the
following areas; supplementary texts,
materials, supplies, and equipment to be purchased within the budget allocation
for that specialized area. Further, the
initiating party will submit to the other, at least twenty-four (24) hours
prior to the meeting, an agenda covering the proposed meeting.
Section 2.32 LABOR
RELATIONS COMMITTEE - The Association shall appoint a committee of up to
six (6) employees representing the elementary, middle and high school levels to
meet with the Superintendent's designee four (4) times per year, at a time
convenient to both parties, for the purpose of reviewing safety matters,
personnel matters and the administration of the contract. These meetings will in no way bypass the
negotiations or grievance procedures.
Further, the party requesting the meeting shall submit to the other, at
least twenty-four (24) hours prior to the meeting, an agenda enumerating
specific topics to be discussed.
Section 2.33 MODIFIED
SCHOOLS
A. Faculty
shall elect an MEA Committee.
B. Committee
will meet on a regular basis with the principal.
C. If
problems cannot be solved with the committee and principal, they will ................... be remanded to the Labor
Relations Committee for resolution.
Section 2.34 JOB
DESCRIPTION COMMITTEE - Job descriptions for each classification will be
developed and/or maintained. Said
descriptions shall be developed by the Employer. Input may be asked of those eligible for Association membership. The descriptions shall be given to employees
upon request. Descriptions will include
at a minimum:
1.
Job
Title and descriptions;
2.
Minimum
requirements/qualifications;
3.
Examples
of performance; and
4.
Necessary
special requirements/qualifications.
The Job Description Committee will convene
during the development stages of the new or amended job descriptions prior to
presentation to the School Board.
Section 2.40 The
Association shall have the right to post notices of activities and matters of
Association concern on an Association bulletin board in the employee
lounge. Only official Association
material may be posted and no material shall be posted which, by the nature and
manner of presentation, impairs the orderliness or cleanliness of the premises,
distracts those lawfully on the premises for its intended purpose. The Association Building Representative
shall have the privilege to distribute materials relating to Association
activities and matters of Association concern in the teacher mail boxes in the
individual schools. A courtesy copy of
material distributed in mail boxes shall be provided to the principal and/or
designee in advance. In those schools
where electronic bulletin boards and electronic mailboxes are available, the
Association shall enjoy similar rights with respect to those media.
Section 2.50 Upon
selection by the Superintendent of the individual on his staff to be charged
with the responsibility for planning the orientation program (county-wide or at
each individual school) for new teachers, the Association shall be advised of
the identity of that person and may delegate a representative to meet with
him/her and submit proposals respecting new teacher orientation. The Association shall be granted a scheduled
time, not to exceed thirty (30) minutes, as part of the new teacher orientation
program.
Section 2.60 DISTRICT
COMMITTEES - Association shall appoint/select all bargaining unit members
who fill or occupy positions on committees, task forces, councils, and/or
bodies created or maintained by the Employer, which deal with terms and
conditions of employment.
Section 2.61 The
Board and the Association will share equally the cost of publishing this
Agreement. The Board will be
responsible for the printing of the Agreement within thirty (30) days of
ratification. The MEA shall be
responsible for the distribution of the Agreement within forty-five days of
ratification by the Association members and the Marion County School
Board. The entire contract will be
printed every three (3) years starting with 1992-1995. In subsequent years one (1) and two (2), an
addendum to the contract will be printed with the complete Agreement and
addendum(s) made available for all new teachers. Additional costs for printing of the Agreement and addendum(s)
for new teachers will be shared by the Board and the Association.
Section 2.62 All
rights and privileges conveyed in this Article are conveyed exclusively to the
Marion Education Association for the term of this contract.
Section 2.70 The
Association shall be a regular stop on the courier route subject to normal
courier schedules and restrictions as apply to schools.
Section 2.80 MEA
will receive twenty (20) days for Association Leave. The Association will pay for substitutes.
ARTICLE
3.00
EMPLOYER
RIGHTS
Section 3.10 It
is expressly understood and agreed between the Association and the Board that
the right to direct employees of the Board, to hire, promote, transfer, assign
and retain employees and to suspend, demote, discharge or take other
disciplinary action against employees subject only to express provisions
respecting such matters in the Agreement, shall be solely and exclusively
within the responsibility of the Board subject to the provisions of State
Regulations and the Laws of Florida and the United States.
Section 3.11 It
is expressly understood and agreed between the Association and the Board that
the right to relieve employees from duty because of lack of work or for other
legitimate reasons, to maintain the efficiency of the Board's operations, to
determine the methods, means, and personnel by which the Board's operations are
to be conducted and to take whatever action may be necessary to carry out the
mission of the Board in situations of emergency shall be solely and exclusively
within the responsibility of the Board.
Section 3.12 It
is expressly understood by and between the Association and the Board that no
provision of this Agreement shall be construed so as to abridge the authority
and power of the Board as established by constitutional provision, statute or
State Board of Education Regulations in existence at the time this Agreement is
executed and that the Board shall be relieved of performance or compliance with
any term or condition hereof if such compliance is contrary to any
constitutional provision, statute or State Board of Education Regulation
adopted, enacted or having an effective date subsequent to commencement of the
term of this Agreement, provided, however, that none of the terms of this
contract shall be deemed a waiver by the Association or individual employee of
any rights otherwise secured by law.
Section 3.13 It
is expressly understood and agreed that this Agreement constitutes the entire
Agreement between the parties with respect to wages, rates of pay, hours of
employment and other conditions of employment for the affected employees and
that the determination of any question with respect to wages, rate of pay,
hours of employment or other conditions of employment not expressly determined
by this Agreement shall be deemed to be within the sole authority of the Board
as the managing agent for the public school, subject to the provisions of State
Regulations and the laws of Florida and the United States.
ARTICLE 4.00
GRIEVANCE
PROCEDURE
Section 4.10 For
purposes of this Article, the term "grievance" means any dispute
between the employer and one or more employees involving the interpretation or
application of the current Collective Bargaining Agreement.
The following matters shall not be the basis
of any grievance filed and/or processed under the Grievance Procedures of this
Agreement:
A. The
termination of services or failure to re-employ any probationary employee.
B. Assigning
to any probationary employee an additional period of probation.
C. Any
complaint respecting termination of employment for which there is another
remedial procedure or forum established by law or regulations having the force
of law, provided however, that a continuing contract/PSC teacher may use this
grievance procedure to grieve a termination under Article 6.00 as an
alternative to, and in lieu of, the procedure established in Section 6.14.
Section 4.11 The
aggrieved or their specified representative shall have the right, within ten
(10) working days of occurrence, to present a formal grievance in accordance
with the following procedure:
STEP I The
grievant may submit to his immediate supervisor the grievance in writing with a
copy to the Superintendent. The
grievant's immediate supervisor shall investigate the grievance and, together
with the grievant, shall make every effort to resolve the grievance. The supervisor shall, within ten (10)
working days of the date that the grievance was submitted, adjust the grievance
to the satisfaction of the grievant or give the grievant a written explanation
of his reasons for finding against the grievant and upon request of the
grievant send a copy thereof to the Association.
STEP II If
the grievant is not satisfied within ten (10) working days of the date the
grievant's immediate supervisor finds against the grievant, the
grievant/Association shall file with the Superintendent or his/her designee. The Superintendent or his/her designee shall
hold a meeting with the grievant and the Association within ten (10) working
days. The grievant's immediate
supervisor, the grievant and his/her representative shall each be notified of
the time and place of the meeting. At
such meeting, the grievant, the Association and the Superintendent shall be
given an opportunity to appear, give testimony and request the attendance of
other Board employees as witnesses. The
grievant and his/her representative and his/her immediate supervisor shall be
given an opportunity to appear and give testimony. Within five (5) working days of said meeting, the Superintendent
or his/her designee shall make his/her finding and shall notify all parties of
his/her finding.
STEP III If
the grievant is not satisfied with the disposition of the grievance made by the
Superintendent, the grievant/Association shall have the right within five (5)
working days of the date the grievant receives notice of the Superintendent's
disposition of the grievance to file a request for review by the Board, on a
form prescribed by the Board. The
Superintendent shall cause the matter to be placed on the agenda of the next
regular or special meeting of the Board and shall promptly transmit to each
member of the Board a copy of the request for review, the original grievance
and the written decisions of the immediate supervisor and Superintendent. Notice of the date and time of such meeting
shall be given the grievant and the Association. The Board shall, at the next regular or special meeting following
receipt of a request for review, either (a) affirm the decision of the
Superintendent, or (b) fix a date for hearing within fifteen (15) days
following the date of the meeting at which the request for review was
considered. At such hearing, the
grievant, the Association and the Superintendent shall be given an opportunity
to appear, give testimony and request the attendance of other Board employees
as witnesses. If the Board elects to
conduct a hearing in the manner prescribed above, it shall, at the conclusion
of such hearing, either affirm the decision of the Superintendent or make other
appropriate disposition of the grievance notifying all parties concerned of its
decision.
STEP IV If
the aggrieved is not satisfied with the disposition of the grievance by the
Board, the Association may within five (5) working days of the receipt of the
Board's decision, notify the Board through the Superintendent, of its intention
to submit the grievance to binding arbitration. A list of three (3) arbitrators shall be requested from the
American Arbitration. The grievant or
his/her representative shall have the right to strike one arbitrator from the
list, the Superintendent or his/her designee shall have the right to strike one
arbitrator from the list, and the
remaining arbitrator shall then be requested to hear and make final and
binding disposition of the grievance.
If the arbitrator selected by this procedure is unable to hear the
grievance, then three (3) additional names of arbitrators will be requested
from the American Arbitration Association and the selection procedure will be
repeated. The cost involved in the
exercising of arbitration shall be borne equally by the Board and the grievant
unless the arbitrator makes a finding on the record that the party requesting
arbitration acted in bad faith or without substantial cause, in which event the
costs involved in the exercising arbitration shall be borne by the party
requesting arbitration. Each party
shall pay its own representative's fees and costs in arbitration.
Section 4.12 The
time limits provided in this Article shall be strictly observed, but may be
extended by mutual written Agreement of the parties. Notwithstanding the expiration of this Agreement, any grievance
thereunder may be processed through this grievance procedure until resolution.
Section 4.13 No
employee shall be discriminated against in any way for filing or processing a
grievance under the procedures set forth above.
Section 4.14 The
grievant/Association or the Board may introduce new evidence or testimony at
any step with the prior knowledge of the other party.
ARTICLE 5.00
EMPLOYMENT
CONDITIONS
Section 5.10 The
Board agrees to provide each employee engaged as a classroom teacher with no
less than two (2) cubic feet of secure storage space for personal and/or
instructional materials which shall be limited in access to the individual
teacher and the building principal, provided that the Board shall not be
responsible for any impairment of the security of such storage space by act or
negligence of the teacher and provided further that the Board shall not be
responsible or liable for the loss of personal belongings from such storage
space under any circumstances.
Section 5.11 The
Board agrees to provide each employee engaged as a teacher with a copy of the
teacher's edition of the basic text or texts used by that teacher in each
course he/she is teaching. The teacher
shall return such text to the Board or its representative at the conclusion of
the school year. The teacher shall not
be liable for vandalism or mischievous damage to these materials if due care
has been exercised.
Section 5.12 The
Board shall make available in each school an area which shall be reserved for
use as an employee lounge.
Section 5.12a Smoking shall be permitted
outside the buildings.
Section 5.13 The
Board shall make available in each school a restroom exclusively for employee
use.
Section 5.14 The
Board shall make telephone facilities available for employee use in each school
center.
Section 5.15 The
Board will provide off-street parking facilities identified exclusively for
employee use at each school facility.
Section 5.16 Teachers
shall not be required to do any other than minor maintenance and repair work on
equipment which is part of their instructional program.
Section 5.161 MEDICAL
PROCEDURES - The document guidelines for the Delineation of Roles and
Responsibilities for the Safe Delivery of Specialized Health Care in the
Educational Setting and a medical doctor will be used to set the standard of
those procedures not specified in FS 232.465.
Contents of HB 483 will be communicated to appropriate staff.
Section 5.17 A
private conference area shall be provided when necessary in each school for
conferences with parents or students.
Section 5.18 Teachers
shall not be required to work under unsafe or hazardous conditions or to
perform tasks which endanger their health and safety. It shall be the responsibility of the teacher to report any
unsafe or hazardous condition to his/her immediate supervisor, or to so inform
the immediate supervisor if asked to perform a task which would endanger the
teacher's health or safety. The Board
shall notify affected teachers of the results of any and all tests conducted
for hazardous conditions within five (5) working days of the receipt of said
results when a safety hazard is identified.
Section 5.19 The
Board agrees that when school is not in session, employees may be given
personal access to school buildings by arranging such access with the building
principal.
Section 5.20 All
vacancies in supervisory and administrative positions shall be publicized
throughout the district for a period of no less than ten (10) days (excluding
Saturday, Sunday, and designated holidays).
The provisions of this section shall not be deemed to prohibit transfer
of currently employed administrative personnel and such transfer shall not be
deemed a violation of this Agreement.
Section 5.21 Any
teacher may apply for assignment to fill a vacancy in a supervisory or
administrative position by filing an application on a form prescribed by the
Board and which shall be available at the Board's personnel office.
Section 5.211 When
an employee wishes to transfer to another worksite, the employee will receive
notice that the application has been received at the school, including a
statement of the status of that application.
Section 5.22 Any
teacher who desires to transfer may file a written request for such transfer
with the principal(s) on a form to be provided by the Personnel
Department. The applicant will list up
to four schools in order of preference.
The Personnel Department will send a teacher's listing of school
preferences to the prospective schools/departments.
These transfer requests will be coordinated
by the Personnel Department. District
staffing goals and the Singleton requirements will be monitored by the Director
of Personnel before transfers are approved.
Section 5.23 Transfer
requests for the next school year filed by the teacher's last workday will require the approval only of the
receiving principal if it is approved prior to the last calendar workday. The current principal shall sign the request
form indicating only his/her awareness of the requested transfer.
Any transfer request made after the teacher's
last working day will require the
approval of both the receiving and sending principal. Teachers who apply for transfer to be effective at the beginning
of the next school year need not give a reason for such request. Teachers who apply for transfer to be
effective during a school year must state the reasons for transfer requests.
Section 5.231 If a hiring freeze is
implemented through the end of June, an extension of two (2) weeks will be
granted for voluntary transfers; however, this extension will not go beyond
three weeks prior to the starting date for teachers.
Section 5.232 Persons
desiring to transfer to schools with more vacant units than minority needs, may
do so to the extent they do not fill units needed to comply with the Stipulated
Agreement.
Each May, a two-week period will be
designated for those whose interviews and transfers have been held in abeyance
due to minority staffing needs. This
period will be for current employees only who have met the voluntary transfer
application time lines or those hired to fulfill the requirements of the
Stipulated Agreement. The designated
two weeks will occur during the summer months.
Section 5.233 Once
Amastery@ is defined by the legislature when referring
to teachers, a teacher so named may request a transfer to a D or F school and
will receive priority consideration for any vacancy at the school. If a vacancy does not occur, no current
staff person who has a Satisfactory or above on the Annual Assessment will be
involuntarily transferred from the D or F school.
Section 5.24 The
Board or its designee shall post a list of all known vacancies as they
occur. The Uniserv office shall be
provided a list of known teacher vacancies as they occur. All non-classroom teacher vacancies that
occur between April 15 and the end of the school year, shall be posted in the
school where the vacancy occurs.
Section 5.241 A
list of summer school instructional positions shall be posted at each school
after Board adoption of summer school units.
Available positions will be filled from the staff at each school. Those positions will be filled on a rotating
basis. Once hired at their own school,
the hiree will go to the bottom of any eligibility list at their school for the
next year.
When personnel are not available at a school,
positions will be filled from other members of the bargaining unit. Individuals are not limited in the number of
applications they can make for available positions.
After all available applicants are in
position, and MEA notified, a position may be filled from outside the
bargaining unit.
The educational needs of students will be
taken into consideration when positions are filled at a school.
Section 5.242 When
all schools don=t
have summer school, sites will be established.
In schools so identified as sites, positions will be filled from a
district list of applicants. Those
positions will be filled on a rotating basis.
Once hired at a school site, the hiree will go to the bottom of the
district eligibility list.
Teachers of the profoundly involved/severely
handicapped students may be exempt from the rotation requirement if they will
be teaching their regularly assigned students.
When certified personnel are not available, positions will be filled from
the district rotation list.
Section 5.25 INVOLUNTARY
TRANSFERS - This section shall apply to any situation requiring the
transfer of one teaching position from one school center to another. This shall not be construed as to apply to
the assignment or reassignment or personnel from any pool having resulted from
implementation of the layoff/recall provisions of this contract. Additionally, this shall not apply to
situations arising out of the implementation of federal, state, or local
regulations or guidelines governing specific programs.
In the event of transfer positions, the
following criteria in the order listed shall dictate the method of selecting
the personnel to be reassigned:
A volunteer, certified in area(s), with both
building administrators' approval.
If more volunteers than positions, then:
First: Certificate
in area(s) and appropriate qualifications (e.g. ethnic, sex, etc.)
Second: Highest
seniority (number of continuous years in district)
Third: Earned
degree or equivalent (Ph.D., Ed. D., Spec., M., B.S.)
Fourth: Decision
by approval of both building administrators.
If an inadequate number of volunteers, then:
First: Certification
in area(s) and appropriate qualifications (e.g. ethnics, sex, etc.)
Second: Lowest
seniority (number of continuous years in district)
Third: Earned
degree or equivalent (B.S., M., Spec., Ed. D., Ph.D.)
Fourth: Decision
by approval of both building administrators.
These criteria shall not be applied to a
teacher replacing a person on leave-of-absence. Rather, the criteria shall be applied to the person on leave.
Section 5.251 If
the Board determines to designate additional year-round schools, prior to the
shift in schedule, reasonable effort shall be made to assist the transfer of
professional service or continuing contract teachers who do not wish a
year-round school assignment to available vacancies for which the teacher is
certified and qualified.
Section 5.252 The problems of teachers in the year-round school returning
during their break between tracks shall be referred to the Labor Relations
Committee.
Section 5.26
5.
All
teachers shall be given notice of their tentative teaching assignment for the
next school year on or before ten (10) working days prior to the last working
day. Assignment changes will be
announced only after the administrator has had a personal consultation with the
affected teacher(s).
6.
After
notification in Section 5.26(a), changes in teaching assignments may be made
only after every effort has been made to consult with the teacher(s) involved
and solicit alternative solutions.
7.
Changes
in teaching assignments mean a change in the classes, courses or grade level
taught.
Section 5.27
1.
When
circumstances require teachers to move to a different classroom location for
the following school year, notice will be given not less than five (5) working
days prior to the end of the current school year.
B. Assistance
will be provided when moving boxed or packed material from one classroom to
another location.
C. Section
5.27(A) does not apply to other moves which are required during a school year
or during the summer months.
Section 5.271 When
moving into a new facility, teachers will receive a stipend of $10.00/hour for
the purpose of packing and unpacking for three (3) documented days (23 3 hours).
Media Specialists will receive the same hourly amount for eight (8)
documented days (62 hours).
Section 5.28 A
teacher being placed into a replacement position will be informed of the
implications of this status through an explanation in the Comment section of
the Personnel Status Notice (PSN).
Section 5.29 When
two employees, with the approval of the Principal, are hired to perform the
duties and responsibilities of one work unit (Job Sharing), these guidelines
will be followed for compensable benefits and working conditions:
8.
Application
deadline for Job Sharing will be the last calendar business day in May.
a. A
separate contract will be issued each year of Job Sharing.
b. To qualify for Job Sharing, a teacher must
have completed the POP program and have one additional year experience.
c. The models for Job Sharing are: teaching
50% of a work day or teaching a full day every other work day. Salary will be based upon 50% of the
individual=s
normal salary. Similarly, the District
will provide 50% of the employee=s insurance premium.
d. Beginning SY2002-03, teachers who Job
Share will gain one step on the compensation schedule after the completion of
two years as a job-sharing participant.
e. Beginning SY2002-03, teachers who Job
Share will gain one year of seniority after the completion of two years as a
job-sharing participant.
f. The Job-sharing partner will be the
primary substitute for the absent partner when possible. Regular substitute pay will be received for
that portion of the day. Should the
job-share partner be unable to substitute for the other, a substitute will be
hired.
g. If one Job-Share teacher/partner has to
resign, the remaining teacher will try to find a replacement within a two-week
period. Should no replacement be
identified, the remaining teacher will assume the full-time position or will
resign and the vacancy posted as a full-time position.
h. These conditions will be explained to the
participants by the Personnel Department.
i. If the District goes into a Reduction in
Force (RIF), Article 6 will prevail.
Section 5.30 The
length of the teacher work day shall be seven hours forty-five minutes.
Section 5.31 All
inservice workshops or seminars held beyond the regular school day will be
voluntary. Special areas, i.e. ESE,
Chapter I, Vocational, Foreign Languages, and Enrichment areas will be taken
into consideration. The District
Administrator responsible for these areas will survey the involved teachers and
plan appropriate inservice to meet the teachers= needs.
Each affected teacher in these special areas will be notified by a memo
sent to each school=s Curriculum Coordinator or designee for school distribution following
the established guidelines for inservice notification.
On District Inservice Days, inservice
activities conducted during or beyond the contract day may be conducted at
school sites or at a district central location. Teachers shall be allowed to participate in those inservice
activities.
Section 5.311 The
Principal has the right, at the request of the teacher, to waive attendance at
all inservice.
Section 5.312 When
teaching responsibilities substantially change, the principal and the teacher
will address training needs on the Individual Professional Development Plan
(IPDP).
Section 5.32 Every
effort will be made to provide all teachers at least a ten (10) minute relief
period in both morning and the afternoon during each duty day.
Section 5.33 Except
in cases where the safety of the students may be affected, the instructional
program seriously hampered or curtailed, or the security of the building is
affected, teachers shall have a supervisory-free lunch period of no less than
twenty-five (25) minutes.
Section 5.34 The
wearing of school uniforms by teachers will be voluntary.
Section 5.35 Release
time, after the student day, shall be permitted for representatives to attend
county-wide meetings provided the use of a substitute teacher is not required
and that the approval of the building principal has been received.
Section 5.36 Teachers
shall be provided with a daily instructional preparation period. The weekly total of this scheduled time will
be no less than four and one-quarter (43) working hours. This period will be scheduled by the building principal. The building principal shall make good faith
effort to schedule special classes such as art, music and physical education in
order to provide the regular classroom teacher with preparation and/or
conference period. Incremental segments
of time accrued to calculate the total weekly 4 1/4 hours will be a minimum of
twenty minutes.
Section 5.361 Administrators
will make every effort to ensure that each member of the instructional unit
will be provided with a minimum of, or the equivalent of, three segments of
three (3) hours of uninterrupted work time for planning and preparation during
pre-school days.
Section 5.37 Teachers
are encouraged to come to Open House or give timely notification if they will
not be attending.
Section 5.38 Teachers
will not be required to check for head lice more than three times a year unless
there is a lice infestation. (First day
of school, after Winter Break, and after Spring Break).
Section 5.40 Appraisal(s)
of the performance of the duties and responsibilities of each teacher in the
district is the exclusive responsibility of the administrative staff of the
school system who are certified in Administration/Supervision and/or trained in
Florida Performance Measurement System and shall be made at least once each
school year. Information received not
directly observed by the evaluator shall be verified by the evaluator and
discussed with the teacher prior to including the information in the final
evaluation.
Section 5.41 The
written record of the appraisal(s) made, pursuant to Section 5.40, shall be
discussed with the teacher. A copy of
the appraisals shall be given to the teacher no later than the last pupil
school day in a conference prior to its being placed in the permanent district
personnel file. The teacher shall have
the right to file a written rebuttal to evaluations in the district personnel
file.
Section 5.42 Within
twenty (20) working days after the beginning of each school year, the building
principal or appropriate supervisor will assemble the individuals directly
under his/her supervision for the purpose of discussing the employee evaluation
process. Teachers will be supplied any
instruments to be used in the evaluation process with an explanation of their
use and the criteria for satisfactory performance. The intended procedure for the instruments will be used.
Section 5.43 Each
teacher shall have the right, upon request, to inspect, review, and copy the
contents of his/her personnel file excluding confidential information given by
previous employers. A representative of
the teacher's choice may with the teachers written authorization, accompany the
teacher at such inspection and review.
Section 5.44 Probationary
teachers shall receive an interim appraisal of the performance of their duties
and responsibilities within ninety (90) days of the commencement date of their
employment and the results of this appraisal will be communicated to the
teacher within ten (10) working days.
Within ninety (90) days of that
date, the teacher will be reappraised to determine the extent of his/her
progress in correcting any deficiencies noted in the prior appraisal and the
results of this reappraisal shall be communicated to the teacher.
Section 5.45 Observations
made in preparing the assessment(s) pursuant to Section 5.00 shall be made in a
candid and open manner.
Section 5.46 The
NEAT Procedure will be used for members of the bargaining unit whenever a
deficiency is noted. The method for
initiating the NEAT Procedure will be in the form of a written communication. Neither the Needs Improvement Form nor the Final Assessment shall be used as a
means to initiate the NEAT procedure.
The NEAT Procedure is defined as follows:
N - Notice
- When a deficiency is defined, the building administrator will tell the
employee of the deficiency.
E - Explanation
and Expectation - the building administrator will explain to the employee the
nature of the deficiency and the performance level expected.
A - Assistance
- the building administrator will tell the employee where information can be
obtained to help the employee improve and/or will provide other forms of
assistance as appropriate.
T - Time
- the building administrator will define for the employee an appropriate time
frame for improvement to occur before any disciplinary action is taken.
Section 5.47 Professional
Development Plans required for teachers under 117(B) 99-00 Appropriations Bill
will be collaboratively developed by the teacher and the principal.
Section 5.48 The
intent is that the intercom will not be used as an evaluation or monitoring
instrument.
Section 5.481 In
a crisis situation, the alert tone of the intercom may be disengaged under the
following conditions:
1.
The
logistics of the procedure will be developed by law enforcement and submitted
to the Administration with a copy to the Association.
a. The order to disengage the tone will be
initiated by law enforcement.
b. The means to disengage will not be
accessible to others except through the order of law enforcement.
Section 5.49 No
bargaining unit member shall be disciplined without Just Cause.
Section 5.50 A
teacher may refer in writing to his/her immediate supervisor for testing and
evaluation the name of any students suspected of being eligible for specific
programs for the gifted, physically handicapped, socially maladjusted,
emotionally disturbed, or mentally retarded, and shall be advised in writing,
upon request, within fifteen (15) school days following such referral, the
status of such referral.
Section 5.51 Teachers
shall be entitled to access disciplinary records with respect to students under
their supervision as an aid in determining disciplinary recommendations
concerning those students.
Section 5.52 Teachers
who have responsibility for students who have been arrested for any type of
criminal activity will be notified when it becomes known to the administrator
that the arrest has taken place. Such
notice shall be treated as privileged and confidential information.
Section 5.53 In
the event of complaint by a parent, student or other individual with regard to a
teacher=s conduct that could result in a disciplinary
action against that bargaining unit member or in negative evaluation of that
bargaining unit member, the following procedure shall be as follows:
2.
A
conference held between the bargaining unit member and the building principal
concerning said complaint in order to determine the validity of same.
3.
A second
conference among the person making the complaint (if a student, their parent(s)
shall be present), the bargaining unit member, and the building principal if so
requested by the bargaining unit member and/or principal in order to hear,
resolve, or dismiss said complaint.
4.
If a
written report of any complaint is included by the principal in a bargaining
unit member=s
personnel file and the bargaining unit member chooses to respond in writing to
said report, the bargaining unit member=s responses shall be included in his/her
personnel file. The above procedure
will not be followed in cases concerning sexual abuse or child abuse.
Section 5.54 Members
of the bargaining unit shall not be subjected to harassment, including verbal
abuse, or interference by a parent or any other person, in the performance of
the unit member=s
duties. Additionally, if a parent or
any other person becomes abusive to a teacher, the teacher shall not be
expected to remain as a participant in the conference or any other
activity. Verbal abuse includes such
things as: abusive language, screaming, yelling, insults, threats, repeated
profanity, and upbraiding. Harassment
includes: chronic, continuous badgering.
The administrator will take the necessary steps to ensure safety,
civility and protection for the employee.
An administrator shall not be considered in
violation of this section when providing input during a performance evaluation
meeting with a member of the unit unless abusive behavior as listed above
occurs.
Section 5.55 The
principal or his/her designee and the staff will develop a procedure for the
removal of a student when the grossness of the offense, the persistence of the
misbehavior, or the disruptive effect of the behavior makes the continued
presence of the student in the classroom intolerable. This procedure is
intended as notification to the principal when the teacher feels a student
needs to remain out of class until the teacher and the principal have had the
opportunity to talk. The procedure will
be honored when possible and educationally feasible. As promptly as teaching obligations will allow, the teacher shall
furnish the principal or his/her designated representative with full
particulars on the problem or incident.
Upon request, the principal or his/her designee to whom the student has
been referred shall inform the teacher of the action taken. Members of the bargaining unit and the
administrators will make good faith efforts to solve these problems. The principal or his/her designee shall make
available school rules and regulations to be utilized in student
discipline. The principal or his/her
designee will be responsible for insuring these rules are endorsed. The Marion County Code of Student Conduct
will be enforced at all grade levels.
The District will distribute a copy of
Florida Statute 232.27 (Teacher Authority to Remove Disruptive Students) to
every teacher.
Section 5.551 Notwithstanding
the routine procedures described in Section 5.53 of this Agreement, a teacher
may remove from class any student (a) who has been documented by the teacher to
repeatedly interfere with the teacher=s ability to communicate effectively with the
students in the class or with the ability of the student=s classmates to learn, or (b) whose behavior
the teacher determines is so unruly, disruptive or abusive that it seriously
interferes with the teacher=s ability to communicate effectively with the students in the class or
with the ability of the student=s classmates to learn.
If a teacher removed a student from class
under Florida Statute 232.271, that principal may not return the student to
that teacher=s
class without the teacher=s consent unless the Placement Review Committee established under
Section 232.272, Florida Statutes, determines that such placement is the best
or only available alternative. The
teacher and the Placement Review Committee must render decisions within five
working days of the removal of the student from the classroom.
Any teacher who removes twenty-five percent
(25%) of his or her total class enrollment shall be required to complete a
Professional Development Plan to improve classroom management skills.
Section 5.56 A
teacher who has been selected for the potential assignment of receiving an
intern shall have the right of approval prior to the placement of the intern
with that teacher. The term
"intern" as used in this section shall mean a student of an
institution of higher learning who is in training to become a teacher and, at
the time of assignment to the Marion County School System for placement as an
intern in a school, has not yet been awarded a degree.
Section 5.70 In
order to provide optimum conditions for an environment conducive to teacher and
learning, the Parties agree to the following for Grades K-5:
A. Prior to the last day of school, teachers
and administrators will develop class lists, with the administrator making the
final authorization. All students
will be equitably assigned to classes based upon their behavioral and/or
academic characteristics. (For example,
if there are 5 3rd grade classrooms (Classrooms 1-5) and 5 students
(Students A-E) with similar academic need or the need for similar behavioral
guidance, each 3rd grade classroom will have only one such student
assigned.
B.
Exchanges of students from one class to another may be made only if the
student being replaced has similar behavioral and/or academic
characteristics. These exchanges will
be done only when feasible. (For
example, in the example above, if Student A was being moved from Classroom 1 to
Classroom 2, student B would then be moved out of Classroom 2 and placed in
Classroom 1.)
C.
Parent requests may be honored if the guidelines listed in (2) above are
met. Should the conditions for
following the guidelines not be present, the parent request will be
denied. Schools will decide the
limitations for the number or time line for such requests.
D.
Students arriving after the school year has begun will be placed
according to the guidelines. In the
event that the receipt of school records is not timely, the teacher, based upon
the total classroom composition, will advise the administration regarding
specific behavioral and/or academic characteristics that may indicate
alternative placement.
Section 5.71 The
Board agrees that no teacher shall be required, as a condition of employment,
to participate in sales promotion or solicitation.
Section 5.72 Observations
or visits to any classroom by anyone, other than administrative, supervisory,
intern, diagnostic personnel, or peer teachers and other personnel as required
by Florida Statutes and State Board Regulations who may visit at any time,
shall occur after consent has been given by the building principal and the
teacher. Notification in writing giving
a sufficient time in advance to permit the teacher to respond to the
principal's notification and to make every necessary adjustment to minimize
disruption of classroom activities.
Section 5.721 With
the exception of security, law enforcement uses permitted by statute, or
instructional modifications/accommodations for children with disabilities,
audio and video recording and monitoring in the classroom or assigned workspace
will require teacher consent.
Section 5.73 Participation
by a teacher in activities outside of the teacher's regular work day shall be
strictly voluntary and the teacher's non-participation shall not be a criteria
in any evaluation of professional competence.
Section 5.731 Teachers
will not be required to secure replacements for school activities outside the
workday.
Section 5.74 The
Board agrees to hold free of blame an employee who has exercised due care with
Board property which is damaged, lost, stolen, or vandalized while said
employee is engaged in line-of-duty activity.
Section 5.76 Teachers
who produce and validate tapes, publications or other educational materials
outside of the normal duty day, using their own materials and equipment, shall
retain all rights, royalties and other privileges derived thereof. If material is provided within the school
day, using school facilities, all rights and privileges of said material
shall be retained by the Board. Curriculum materials that are approved by
the Superintendent to be used county-wide will acknowledge the contribution by
the teacher or teachers.
Section 5.77 Neither
race, creed, religion, sex, national origin nor marital status shall be made a
condition of employment.
Section 5.78 The
Board agrees that employees shall be entitled to full rights of citizenship.
Section 5.79 All
wages, hours, terms and conditions of employment contained in the Collective
Bargaining Agreement will apply to all members of the bargaining unit and all
previous conditions of employment and contractual obligations will be adjusted
to comply with this Agreement.
Section 5.80 The
Board, through its administrative staff, shall make a good faith effort to
secure a substitute whenever a teacher is absent because of illness, personal
or professional reasons.
A. It
shall be the teacher's responsibility to notify his/her immediate supervisor as
far in advance of the absence as possible.
B. The
teacher shall insure that lesson plans and/or student activities have been
prepared to cover the period of absence(s), except in cases of extended illness
(10 days or more) or a doctor's notice of incapacity.
C. Teachers
shall not be responsible for the arrangement of substitute teacher.
D. These
provisions shall apply to those teachers having a majority of their assignment
as a classroom teacher; however, excluding, but not limited to, itinerant,
resource, support, etc.
Section 5.801 Individual
schools will develop their own emergency sub plan. Teachers may be requested to sub in cases where all efforts to
secure a substitute or a volunteer from within the school have failed. Each school will forward the plan to MEA
for review. Data on this topic will be
collected from secondary schools in the manner described below and readdressed
during re-openers in 2002-03: When a
teacher misses a portion of one or more class periods in a day, the named
individual who covers for them and all attempts that were made to secure
someone from the substitute list will be logged for use in negotiations for
2002-2003.
Section 5.81 The
school calendar will include a workday at the end of each nine (9) weeks, for
the purpose of posting grades by the end of the teacher workday with the
exception of the fourth grading period.
During the fourth grading period, posting of grades will be completed up to three (3) student
days prior to the end of the grading period.
The major purpose of the workdays is for the posting of grades with the
following administrative options:
21.
90-minute
Inservice on the 1st and 3rd workdays and up to one 60
minute meeting on the 2nd workday
22.
30-minute
meeting and 60-minute Inservice on the 1st and 3rd
workdays and up to one 60-minute meeting on the 2nd workday
23.
1-hour
meeting on all workdays
Section 5.811 For
those schools requiring report card grades every 4 2 weeks: when a report card workday is not
scheduled, no conferences will be scheduled three (3) days before grades are
due and no faculty meetings will be called during the 3-day period unless
necessary.
Section 5.82 Teachers
will be represented on the Insurance Committee by four representatives selected
by MEA. The Insurance Committee will
present its bid considerations and plan modification recommendations to the
bargaining teams for approval.
Section 5.90 It
is intended that the implementation of Inclusion Programs within the Marion
County School System will continue as is currently being practiced. Inclusion will be handled on an individual
student basis with teachers involved.
Should a school wish to develop an inclusion program, it will be done
through the School Improvement Plan and the following criteria will be
followed:
A. Proper
training will be provided for the affected employees. The Board will bear the responsibility for on-going training by
qualified personnel.
B. Planning
time will be provided for collaboration among all affected staff.
C. Planning
time will be provided for collaboration with support personnel, experts and
parents prior to placement.
D. Common
preparation time will be provided each week for all affected personnel.
E. Assignments
for Inclusion participation will be voluntary.
F. Inclusion
staff requests for transfer/reassignment will be given district priority (for
the following year).
G. Invasive
practices and responsibilities will not be expanded or increased.
ARTICLE
6.00
LAYOFF
AND RECALL
Section 6.10 Reduction
in force shall occur only for the following reasons: decline in enrollment, budgetary restrictions, reorganization, or
program reductions. In the event that a
reduction in force becomes necessary due to the above stated reasons, the
following provisions shall apply.
Section 6.11 DEFINITIONS: For purposes of this Article, the following
definitions will apply:
1.
LAYOFF The decision of the Superintendent to
terminate an annual contract teacher or a continuing contract/PSC teacher
solely because of a determination by the Board to reduce the staff at the
school or in the non-school based area of specialization in which the teacher
was employed.
B. RECALL An offer of reappointment, based on
certification and length of service, to an annual contract or continuing
contract/PS teacher who had been dismissed solely because of a determination by
the Board to reduce staff at the school or in the non-school based area of
specialization in which the teacher had been previously employed.
2.
REASSIGNMENT
The assignment of an annual contract or
continuing contract/PSC teacher to a
school or area of specialization other
than that to which he or she was previously assigned because of a determination
by the Board to reduce staff at the school or in the area of specialization to
which the teacher was previously assigned.
3.
REASSIGNMENT
POOL
The list of teachers who had been subject to
layoff and are available for recall.
4.
RIGHT OF
FIRST REFUSAL
Current displaced employee will have one
opportunity to be offered a vacant position prior to the vacant position being
offered to someone else.
5.
SCHOOL
LEVEL
Pre-Kindergarten, Elementary School, Middle
School, High School
Section 6.12 Annual
determination of Instruction Staff. As
soon as practicable and at a date on or before ten (10) weeks prior to the
close of the post-school period, the Superintendent shall recommend to the
Board the positions to be filled on the instructional staff for the following
year.
Section 6.13 REASSIGNMENT
AND LAYOFF
A. The
Board shall determine the specific work locations, special programs and areas
of certification within which positions are to be eliminated. Once they have been determined, they shall
be based on the following criteria.
Volunteers first. In no instance
shall the voluntary layoff be considered an interruption of service to the
Board. If there are no volunteers,
part-time employees shall be laid off.
If it is necessary to further lay off employees, then annual contract
employees shall be laid off by certification followed by inverse order of
seniority. If it is necessary to
further lay off employees, then PSC/CC employees shall be laid off determined
by certification and length of uninterrupted service. As soon as practicable after a determination by the Board to
reduce staff at any school center or in any non-school based area of
specialization, the principal or supervisor shall notify the Superintendent in
writing of (1) those continuing contract/PSC teachers he will recommend for
reassignment, (2) those annual contract employees he will be unable to
recommend for reappointment because of the staff reduction, (3) those annual
contract employees he will not recommend for reappointment for reasons other
than staff reduction; and 4) the positions on his staff he recommends be filled
by reappointment of annual contract teachers and the names of the annual
contract teachers he recommends for reappointment.
B. Upon
receipt of such notices from the principals and supervisors and if such notices
reflect any continuing contract/PSC teachers recommended for reassignment, the
Superintendent shall determine the availability of positions in other school
centers or areas of specialization for which the continuing contract/PSC teachers
recommended for reassignment are certified and shall, after conferring with the
principals or supervisors of the affected schools or areas of specialization,
effect a reassignment of continuing contract/PSC teachers recommended for
reassignment and shall add any annual contract teachers displaced by such
reassignment to the list of annual contract employees not recommended for
reappointment because of staff reduction.
Continuing contract/PSC personnel reassigned pursuant to the provisions
of this section shall be notified promptly of such reassignment. Continuing contract/PSC teachers not thus
reassigned shall be laid off.
C. The
Board shall notify the Association as soon as possible after it knows of the proposed
layoff. Such notice shall include the
names of the employees to be laid off, their seniority, current position, date
of intended layoff and reason for layoff.
D. On
or before a date five (5) weeks, prior to the close of the post-school period,
the Superintendent shall notify continuing contract/PSC teachers who will not
be nominated for reappointment solely because of reduction of staff in the
school or area of specialization in which they have previously been employed,
of such fact and the teachers so notified shall, by virtue of such notification,
become members of the Reassignment Pool and subject to recall in the manner
hereinafter provided. Where
reassignment must occur, current employees shall be given the opportunity to
volunteer for reassignment prior to any involuntary transfer or reassignment.
E. Except
as provided in Section 6.16, the order of layoff or reassignment of teachers at
any school shall be based on certification, contract status, uninterrupted length of service, educational
qualifications, and performance. In the
event that more than one individual bargaining unit member has the same
certification, contract status, length of uninterrupted service, educational
qualifications and performance, the time and date stamped (hour, minute,
second) on the PSN will be the determining factor or by the drawing of lots if
the time and date is not stamped on the PSN.
In the event of a reduction in force in a subject area or grade level in
a school or area of specialization, the principal or supervisor shall first
designate for layoff or reassignment those teachers who are not certified in
the subject area or grade level for which positions remain available in the
school or area of specialization. Where
relevant certification among potentially affected teachers is equivalent, teachers
holding continuing contracts or Professional Service Contracts (PSC) shall be
retained. Where certification and
contract status among potentially affected teachers is equivalent, the teacher
with the longest uninterrupted service in the district shall be retained. Where certification, contract status, and
length of uninterrupted service are the same, the teacher with the highest educational qualifications shall be
retained. Where certification, contract
status, length of uninterrupted service, and educational qualifications are
equivalent, the teacher with the teacher with the best performance record as
determined by the principal or supervisor shall be retained.
F. The
Board shall give thirty (30) days prior notice of layoff to employees affected.
Such notice shall be provided in
writing, delivered by certified mail or hand delivery, and shall include the
date the layoff is to occur, the reason for the action, the rights of the
employees under unemployment compensation and the Collective Bargaining
Agreement, the Recall Procedure, and other pertinent information.
Section 6.14 HEARING
FOR CONTINUING CONTRACT/PSC TEACHER - Any continuing contract/PSC teacher
placed in the Reassignment Pool pursuant to the preceding section may request a
hearing within ten (10) days following notice given pursuant to that
section. This request shall contain:
A. The
name and address of the School Board;
B. The
name and address of the employee;
C. A
concise statement of the ultimate facts and of the statutes, rules or
provisions of this Collective Bargaining Agreement under which the teacher
deems himself/herself entitled to relief.
D. A
specification of the relief to which the petitioner deems himself/herself entitled;
E. Whether
the teacher wishes to present written or oral evidence; and
F. Any
other information which the petitioner believes is appropriate.
Upon receipt of a request for a hearing by a
continuing contract/PSC teacher placed in the Reassignment Pool, the School
Board, within fifteen (15) days, shall determine whether the Board, a member of
the Board or a Hearing Examiner will preside at the hearing and shall
thereafter provide all parties with written notice of the Hearing which shall
contain the time and place of the hearing, the nature of the hearing, the legal
authority and jurisdiction under which the hearing is held, and the contested
issues to be decided. The hearing shall
not be held earlier than fourteen (14) days following notice, unless all parties
agree in writing to an earlier date. After
the hearing, the Board shall enter such Order as is appropriate.
Section 6.15 RECALL Teachers placed in the reassignment pool
shall be subject to recall for a period of twelve (12) months as follows:
A. Continuing
Contract/PSC teachers placed in the reassignment pool shall have priority for
reappointment to any vacancy for which they possess the necessary
certificate. No annual contract teacher
applicants shall be considered for recall or appointment to a position for
which a continuing contract/PSC teacher in the assignment pool possesses
the necessary certification until such
position has been offered to the continuing contract/PSC teacher.
B. In
the event a vacancy occurs in the school or area of specialization of a
reassignment pool teacher's last assignment prior to September 15 of the
subsequent school year for which that teacher possesses the necessary
certification and to which no continuing contract/PSC teacher in the
reassignment pool has a priority claim under Paragraph (A), such teacher shall
be offered reappointment to that position.
C. No
new teacher applicant shall be considered for appointment until teachers in the
reassignment pool who possess appropriate subject area, grade level and/or
professional and occupation experience and required certification for the
position have been offered the position.
D. In
the event two or more teachers in the reassignment pool have equivalent rights
to recall, the order of recall shall be determined by the PSN stamp as outlined
in 6.13.
E. Each
teacher in the reassignment pool shall be responsible for providing the Supervisor of
Personnel Services with a telephone number and address at which they can be
reached at all times. Offers of
reappointment pursuant to the provisions of Paragraphs A, B or C above may be
made by telephone and confirmed in writing to such address. Should a teacher offered reappointment
pursuant to the provisions of Paragraphs A, B or C above fail to accept such
reappointment in writing within ten (10) working days following the date such
offer is mailed, such failure of acceptance of appointment shall be
conclusively deemed as a request that the teacher's name be removed from the
reassignment pool and a waiver of any further rights to recall as provided in
this section.
F. In
the instance that the employee is injured or is suffering from an illness at
the time of recall, recall rights shall be retained until after the illness or
injury has ceased or until the expiration of the layoff list.
Section 6.16 For
positions that include additional duties for which a supplement is paid, the
administrator may exempt 10% of the most recent instructional allocation total
from the provisions of Sections 6.13 and 6.15 respecting the order of layoff
and recall.
Section 6.17 When
all members of the Reassignment Pool have been called back to work, members of
the MEA Bargaining Unit who have been involuntarily transferred to a different
school level (i.e., middle school to elementary school, high school to middle
school) or have accepted an out-of-field assignment, will have the Right of
First Refusal for transfers to previous level or in-field certification as they
become available. This will be offered
by certification and then seniority.
Section 6.18
The provisions of this Article 6.00 and the rights and duties created herein
shall be applicable only with respect to teachers who are dismissed or not
reappointed solely because of a reduction in force and shall not apply in
instances of dismissal of continuing contract/PSC teachers or non-reappointment
of annual contract teachers for reasons other than reductions in force.
Section 6.20 Retention
of continuing contract/PSC teachers shall be in compliance with Florida
Statues.
ARTICLE
7.00
LEAVE
OF ABSENCE
Section 7.10 Leave
of absence is defined as permission granted in advance by the Board or allowed
under its rules for an employee to be absent from his/her duties for a
specified period of time.
Section 7.11 All
leaves of absence except sick leave and leave specifically designated as
chargeable to sick leave shall be without pay.
Section 7.12 All
leaves of absence of employees from duty shall be duly authorized and
granted. Willful absence from duty
without leave shall result in forfeiture of compensation for the time of such
absence, and his/her contract shall be subject to cancellation by the School
Board.
Section 7.13 Leave
granted on the request of an employee shall be for the particular purpose or
cause which shall be set forth in the written application for leave. The Board shall have the right to determine
that the leave is used for the purpose or cause set forth in the application
and if not so used, the Board shall have the authority to cancel the leave.
Section 7.14 All
candidates for National Board Certification shall be able to take TDE for the
number of days provided by the Superintendent.
Section 7.20 SICK
LEAVE: Any member of the instructional staff employed in the public schools
of the state who is unable to perform, his/her duty in the school because of
illness, or because of the illness or death or father, mother, brother, sister,
husband, wife, child, or other close relative or member of his/her own
household and consequently has to be absent from his/her work shall be granted
leave of absence for sickness by the Superintendent or by someone designated in
writing by him/her to do so. The
following provisions shall govern sick leave.
Section 7.21 Each
member of the bargaining unit employed on a full-time basis shall be entitled
to four (4) days of sick leave as of the first day of employment of each
current year, and thereafter is credited with one additional day of sick leave
at the end of each month of employment, provided that such sick leave shall be
taken only when necessary because of sickness has herein prescribed. However, no teacher may earn, during the
fiscal year, more than the total of one day sick leave for each month of
employment. There is no limit placed on
the number of sick leave days a member of the bargaining unit may accrue. Sick leave earned in another Florida County
School System will be accepted at the rate of one day for each day earned in
this county. Board appointed summer
employees may accrue sick leave as provided in this section.
Section 7.211 A statement of sick leave
status shall be provided for the teacher each pay period.
Section 7.22 COMPENSATION:
Any individual so employed shall receive full compensation for the time
justifiably absent on sick leave as prescribed above (Section 7.21). Only time off campus will be charged against
accrued sick leave in one-fourth (1/4) hour increments.
Section 7.23 Claim
for sick leave must be filed. Any
member of the instructional staff who finds it necessary to be absent from
his/her position because of illness shall notify the principal of his/her
school, if possible, before the opening of school on the day on which he/or she
must be absent, except for emergency reasons.
Any member of the instructional staff shall, before claiming and
receiving compensation for the time absent from his/her duties while absent
because of sick leave as prescribed in this section, make and file by the end
of the school month following his/her return from such absence, with the
Superintendent, written certificate which shall set forth the day or days
absent, that such absence was necessary and that such person is entitled to
receive pay for such absence in accordance with the provisions of Florida Laws
231.39-231.49; provided however, the Superintendent may require a certificate
from a licensed physician or from the county health officer.
Section 7.30 PERSONAL
LEAVE CHARGEABLE TO SICK LEAVE -
(Compensated): The School Board
shall permit six (6) days of absences, chargeable to cumulative sick leave each
year for personal reasons, provided that the teacher apply for such leave at
least three (3) working days in advance; that no ore than 5% or 2 (whichever is
greater) of the teachers at any one school center shall be absent on any one
given day for this type of leave (this provision does not apply to the number of
teachers attending State Association activities or observances of religious
holidays). Specific personal leave may be denied if, in the principal's
opinion, the employee's absence would
cause undue hardship or interruption of vital school services (this provision
does not apply to teachers attending State Association activities or those
observing religious holidays). Further,
it shall be the responsibility of the teacher to note on the leave request that
it is the teacher's wish that the personal leave request be chargeable to
his/her cumulative sick leave.
Section 7.31 The
School Board shall permit the employee to use up to four (4) of the six (6)
personal leave days cited in Section 7.30 for sudden, urgent, unforeseen
occurrences which require an employee to be away from his/her immediate
supervisor. Applicants for leave under
this provision shall submit (in advance when possible) to their immediate
supervisor the regular application for leave form.
Section 7.32 PERSONAL
LEAVE - (Uncompensated): Personal leave without pay may be taken by
an employee provided that:
A. The
principal or immediate supervisor's permission has been secured in advance;
B. A
valid written reason has been given to the employee's principal or immediate
supervisor consistent with the provisions of Section 7.13;
C. The
employee's absence will not cause undue hardship or interruption of vital
school services; and
D. The
request for leave is for the remainder of the present regular school term or
less.
Section 7.33 PARENTAL
LEAVE: Teachers shall be entitled
to leave without pay, not to exceed one year in duration, incident to the birth
or adoption of a child.
The application for such leave must be
accompanied by a licensed physician's certificate attesting to the fact of the
pregnancy of the applicant or the applicant's spouse, the probable term thereof
and the recommended period of confinement, or, in the case of adoption, by
satisfactory evidence of the date custody of the child shall be delivered to
the applicant.
Upon filing of an application for maternity
leave (the disability), the teacher shall provide a written statement to the
principal from the attending physician stating the disability. The statement shall include the commencement
date and the estimated termination date of the leave.
Parental leave shall continue for the balance
of the school year unless otherwise mutually agreed by the principal and
teacher. If an agreement is reached
between the teacher and principal, then the teacher shall have the right to
apply for other vacancies within the district if the teacher is properly
certified for the vacancy and can produce a medical statement attesting to
physical ability return to work.
If after the teacher applies to return to
work in the district, and a position cannot be secured, the teacher shall have
the right to accept other full-time remunerative employment for the balance of
that school year.
Earned sick leave may be used incident to
pregnancy or adoption, when requested.
Section 7.34 MILITARY
LEAVE: A full-time employee of the
Board may be granted a military leave of absence provided that:
A. He/she
is inducted into the Armed Services via the Selective Service Act or volunteers in lieu
of induction.
B. He/she
enlists in the Armed Services during the period our forces are engaged in
combat.
C. He/she
is recalled to active service from a reserve status or he/she is called to
fulfill requirements for reserve status.
Section 7.341 MILITARY
RESERVISTS All regular full-time
employees who are reservists called to full-time active military service and
are unable to complete contractual obligations to the Board shall be paid
according to the salary schedule for the first 30 days of such service. Thereafter, the reservist shall have his/her
total gross military pay supplemented up to the amount he/she was earning on
the salary schedule at the time of activation.
Any reservists and retirees who are called or
recalled to full-time active military service will also be eligible to continue
their School Board health and life insurance coverage and will pay any
applicable employees share of that coverage.
During the period of leave required by the
call up, the employee shall continue to maintain his/her seniority and accrued
leave. Upon returning from leave, the
employee shall receive credit on the salary schedule for the time of the
military call up.
Section 7.35 JURY
DUTY
A. Jury
Duty - When it becomes necessary for a teacher to serve on Jury Duty, he/she
shall notify his/her principal and the Superintendent. The teacher shall submit a leave request to
his/her building principal a copy of the notice to serve on Jury Duty attached
thereto. The teacher will receive full
salary while serving on Jury Duty.
B. Court
Appearances - Teachers will be granted TDE for court appearances for school related
matters with Superintendent's approval.
Section 7.36 ILLNESS-IN-THE-LINE-OF-DUTY
LEAVE: As provided for and in
compliance with Florida Statute 321.41 which states in part: "Any member of the instructional staff shall
be entitled to illness-in-the-line-of-duty leave when he/she has to be absent
from his/her duties because of a personal injury received in the discharge of
duty or because of illness from any contagious or infectious disease contracted
in school work."
Section 7.37 PROFESSIONAL
LEAVE: Professional leave is
defined as leave granted to a member of the instructional or administrative
staff to engage in activities which will result in his/her professional benefit
or advancement, including earning of college credits and degrees or which will
contribute to the profession of teaching.
Extended professional leave is such leave extending for more than thirty
(30) consecutive days. Professional
leave or extended professional leave ordinarily will be initiated by the
employee and will be primarily for his/her benefit, or that of the teaching
profession, and only incidentally for the benefit of the School Board. Compensation during professional leave or
extended professional leave is not provided by this Board, except when made
necessary by beginning or ending school dates conflicting with those of the
teacher's college and when recommended by the Superintendent.
Teachers normally employed for ten (10)
months from year to year, but given additional work in summer programs, will
not be eligible for a professional leave during this extra period of
employment.
Section 7.40 SICK
LEAVE BANK: The parties agree to
establish a sick leave bank subject to eligibility requirements and limitations
set forth below. The purpose of the
bank shall be to assist in off-setting the effects of verified catastrophic
illness or injury which may afflict a member of the bank.
Section 7.41 MEMBERSHIP: A teacher shall be eligible for membership
by voluntarily donating one (1) day of his/her accrued sick leave to the
bank. In order to donate, the teacher
must also have been a full-time employee for a period of at least one (1) year
and ave an accrued sick leave balance of not less than six (6) at the time the
bank is established or replenished.
Section 7.42 WITHDRAWAL: A member of the sick leave bank may draw up
to sixty (60) days of sick leave from the bank if:
A. The
employee has exhausted all accumulated sick leave;
B. The
illness or injury creating the need for a draw on the bank must be continuous
in nature and extend ten (10) days beyond the exhaustion of sick leave. If a draw on the bank is approved, the draw
ill be retroactive to the date the accrued sick leave was exhausted;
C. The
employee or his agent presents medical documentation as needed to establish the
nature and extent of the illness or injury.
This shall include an estimated length of disability;
D. Sufficient
days exist in the sick leave bank to cover the days requested and approved;
E. The
employee is not drawing Worker's Compensation from the Board;
F. If
an employee does not need the number of days authorized, he/she shall return unused days
to the bank.
Section 7.43 ADMINISTRATION: The administration of the sick leave bank
shall be vested in a committee of employees which shall include three teachers
selected by the MEA and four employees representing other groups selected by
the Superintendent. The committee shall
review all requests to determine eligibility and number of days to be drawn
from the bank by an individual. The
Committee shall maintain records pertinent to the bank which shall be available
to the MEA upon request, provided that all medical records shall be treated as
confidential information. The decision
of the Committee to deny benefits shall be final, but an employee may request
reconsideration of his/her request. The
Committee shall establish such forms and procedures as needed to effectively
perform its functions.
Section 7.44 ABUSE
OF SICK LEAVE BANK: The abuse of
the sick leave bank by an employee shall be cause for discipline. The employee shall reimburse the sick leave
bank if abuse is established.
Section 7.45 REPLENISHMENT: When the sick leave bank has one hundred
(100) days remaining, the bank shall be replenished by asking for voluntary
contributions from persons who are members.
A member who declines to contribute to the replenishment shall be
withdrawn from the bank.
Section 7.46 ESTABLISHMENT: The Committee referred to in Section 7.43
shall establish a feasible method of informing employees of the benefit and
shall establish feasible arrangements to facilitate the bank being operational
by January 1, 1987. Initial
contributions to the bank must equal five hundred (500) days for it to become
operational. If sufficient interest is
not shown, no sick leave shall be shifted to the bank.
Section 7.47 LAPSE
OF THE BANK: If sufficient interest
does not continue to maintain a balance of at least one hundred (100) days, the
bank shall lapse upon exhaustion of remaining days.
Section 7.48 CONTRIBUTIONS: Once each year, the bank shall be opened for
a period of two weeks for employees who are eligible to contribute to and join
the bank. The committee established in
Section 7.40 shall establish the appropriate dates or time frame for opening
the bank.
ARTICLE
8.00
COMPENSATION
Goals for the Compensation Schedule
24.
Compensation
will be in the top 25th percentile
B. Salary
by experience versus step
C. Maximum
step at fifteen (15) years experience
D. Increment
spread
E. Increase
amount between lanes
F. Increase
starting salary
Priority will be given in development of the
Salary Schedule as follows:
1.
Close
the gap between Step 17 and Step 18 by increasing steps 0-16 and/or 17;
2.
Develop
an indexed salary schedule indexed to Step 0 of Rank III; and
3.
Reduce
the Salary Schedule to 15 steps.
Section 8.10
Ten-Month Instructional Salary Schedule
Those currently on Step 17 will receive a
$250 Bonus during School Year 2001-2002.
EXPERIENCE
RANK III RANK
II RANK I RANK IA
0 26,000 27,035 29,198 30,074
1 26,100 27,278 29,461 30,345
2 26,200 27,603 29,811 30,705
3 26,573 28,008 30,249 31,157
4 27,009 28,468 30,745 31,668
5 27,471 28,955 31,271 32,209
6 27,984 29,495 31,855 32,811
7 28,548 30.090 32,497 33,472
8 29,164 30,739 33,198 34,194
9 29,831 31,442 33,957 34,976
10 30,549 32,199 34,775 35,818
11 31,293 32,983 35,621 36,690
12 32,139 33,875 36,585 37,683
13 33,217 35,010 37,811 38,946
14 34,576 36,443 39,359 40,540
15
36,526 38,498 41,578 42,825
16
38,706 40,796 44,060 45,381
17 41,656 43,905 47,417 48,840
Those currently on Step 17 will receive a
$250 Bonus during School Year 2001-02.
METHOD OF COMPENSATION
During the ten (10) month instructional year,
employees shall request one of the following pay cycles effective July 1, 1999:
A. 22
Bi-weekly checks (does not accrue a summer balance)
B. 26
Bi-weekly checks (multiple checks issued in June)
Section 8.101 Employees
hired after June 30, 1999 will be required to participate in the direct deposit
program as a Acondition
of employment@
under the following guidelines:
1.
Employees
hired after June 30, 1999 will be given 30 days to forward the necessary
information to the payroll department to have their check direct deposited.
2. Employee
who can demonstrate a hardship or that they have been unable to establish an
account at a financial institution may request exemption from participation in
the direct deposit program.
3. Part-time
and temporary employees will not be required to participate in the direct
deposit program.
Section 8.102 In
the event of legislation which provides bonus money of variable amounts, the
distribution to individuals shall be bargained.
Section 8.11 If
it becomes necessary for a teacher to move to another worksite and the move
cannot be accomplished within the regularly contracted days, the teacher will
receive the approved hourly stipend rate.
The administrator(s) will determine the number of hours.
Section 8.111 When
moving into a new facility, teachers will receive a stipend of $10.00/hour for
the purpose of packing and unpacking for three (3) documented days (23 3 hours).
Media Specialists will receive the same hourly amount for eight (8)
documented days (62 hours).
Section 8.12 PERFORMANCE
BASED PAY:
4.
Teachers
receiving a satisfactory evaluation shall be eligible for an experience step
increase in the year following his/her satisfactory evaluation subject to
negotiations between the School District of Marion County and the Marion
Education Association.
5.
A
teacher receiving an unsatisfactory evaluation shall not receive his/her
experience step for the succeeding school year and shall not be eligible for
placement on his/her experience step until such time as he/she receives a
satisfactory annual evaluation. Said
teachers, however, will be eligible to receive any increase negotiated beyond
the step.
6.
A
teacher demonstrating outstanding teaching performance as determined by
qualification for the state and district sponsored Excellent Teaching Program
and certification by the National Board of Professional Teaching Standards
(NBPTS) shall be eligible for the financial award specified in state law for
each year of valid certification.
7.
A
teacher receiving the NBPTS certification will be disqualified from this award
if, at any time, he/she receives and unsatisfactory evaluation.
8.
The
School District of Marion County and the Marion Education Association agree to
explore additional methods and provisions for recognizing outstanding teaching
performance and to recommend specific monetary awards for this purpose.
Section 8.20 TEACHING
EXPERIENCE: Experience credit for
placement on the salary schedule will be calculated in the following
manner (teaching experience as defined
by Florida Statutes):
A. Claimed
experience credit for up to fifteen (15) years of Florida teaching experience
outside of Marion County will be awarded upon verification.
B. Claimed
experience credit for up to ten (10) years of out-of-state teaching experience
will be awarded upon verification.
C. Claimed
experience credit for up to three (3) years of active military service may be
awarded upon verification as a part of Items 1 and 2.
D. Claimed
experience credit for up to three (3) years of active military service may be
awarded upon verification in addition to experience credit awarded in Item 6
subject to the limitations of Item 9.
E. Experience
credit for active military service may be claimed and awarded in either Items 3
or 4, but not both.
F. To
accommodate the vocational teachers affected, the Board and the Association
agree to credit those vocational teachers with work experience which was
previously uncredited. In doing so,
those affected teachers will be placed on the salary schedule effective with
the 1987-88 school year. Vocational
teachers shall be awarded claimed experience credit subject to the following:
1. Claimed
work experience must be prior to employment by the Marion County School Board
in an instructional position.
2. Work
experience required for obtaining the certificate may not be used in calculating
salary schedule placement.
3. Work
experience for certification and for salary schedule placement must be
independently verifiable.
4. No
more than ten (10) years of work experience credit may be used for salary
schedule placement.
G. Physical
Therapists, Occupational Therapists, Speech Therapists, and Social Workers may
be awarded claimed experience credit upon verification for placement on the
salary schedule subject to the following:
1. Claimed
experience must be full-time directly related clinical experience.
2. Claimed
experience must be degreed experience.
3. Claimed
experience must have occurred at a time such that the individual would have had
clear eligibility for regular Florida teacher certification (notwithstanding
the Florida Teacher Certification Exam).
H. All
claimed experience credit earned in Marion County will be awarded.
I. The
aggregate total of all experience credit claimed and awarded for placement on
the salary schedule may not exceed fifteen (15) years except in the event of a
claim including experience under Item 8.
In the event Item H experience is claimed, the aggregate total of
experience credit claimed and awarded may not exceed twenty (20) years.
J. Experience
credit claimed during the first year of employment may be awarded upon
verification and validation by the Personnel Department.
Experience credit claimed subsequent to the first year of
employment may not be utilized for placement on the salary schedule.
K. All
experience credit for placement on the salary schedule calculated prior to July
1, 1989 under the provisions of Section 8.20 of this contract as it then
provided are hereby deemed to be accurate and valid and not subject to
recalculation and/or redetermination.
Section 8.21 SUMMER
ENRICHMENT PROGRAM: Teachers who
are employed to work in the Summer Enrichment Program shall be compensated at
the rate of $325.00 per week.
Section 8.22
CLUB GUIDELINES: To
qualify as a club to receive a sponsor supplement, the following requirements
must be met:
A. Have
a written constitution or set of by-laws.
B. Represent
students eligible for membership as determined by the school level
administrator.
C. Meet
a minimum of once each month from September through May.
D. Participate
in organized activities that benefit the students and the school.
E. Be
a direct outgrowth of the instructional program.
Responsibilities of Sponsors:
A. Work
with the administration to organize and conduct the club activities.
B. Attend
all club meetings and functions.
C. Maintain
a log of club activities and provide the administration with a copy and summary
at the end of the year.
Restrictions:
A. All
paid supplements (i.e. Math, Science, etc.) shall be approved by the Director
of Secondary Education.
B. Supplements
are paid for work done beyond the normal work day. A club does not qualify for a supplement unless it requires work
to be done that extends beyond the normal work day on a routine and regular
basis equivalent to one or more meetings per week during the regular school
year.
C. Any
club that a principal wishes to select and assign a sponsor to receive a
supplement must be submitted to the Director of Secondary Education for review.
Section 8.30 HOSPITAL
AND MEDICAL INSURANCE: The Board
will make available (premium paid by employer) a comprehensive
hospital-surgical-major medical health care program for each teacher. This comprehensive program will incorporate
the"usual, customary, and reasonable" benefit schedules with a
maximum life-time benefit of $5,000,000.00 for Plan A and Plan B, $1,000,000.00
for Plan C.
Section 8.31 DEPENDENT
INSURANCE: The Board will make
available to each teacher the insurance coverage described in Section 8.30 for
eligible dependents, said dependent coverage to be paid for by the teacher through
payroll deduction.
Section 8.32 GROUP
LIFE INSURANCE
A. Effective
April 1988, the Board will make available to each teacher life insurance in an
amount equal to 12 times their annual contract salary (Professional Supplements not
included) in conjunction with the coverage provided in Section 8.30; the cost
of said life insurance coverage shall be borne by the Board.
B. The
Board will make available at the current rate an additional $30,000 life
insurance coverage to be paid for by the employee on a payroll deduction
basis.
Section 8.33 Employees
on leave of absence as defined in Section 7.10 may continue participation in
the employee insurance program (Sections 8.30, 8.31 and 8.32) by paying the
employee and employer premium for the duration of the leave. This remittance must be made to the District
School Board Finance Office no later than ten (10) days prior to the first day
of each successive month during the time period from August 1 through June 30. It is the sole responsibility of the employee
to meet the payment schedule requirements of this Section and in the event of
an employee's non-performance under this Section, all rights and privileges
conveyed in this Section are deemed to have been waived by the employee and are
null and void.
Section 8.34 LONG
TERM DISABILITY AND OPTICAL INSURANCE:
The Board will make available a long term disability plan and optical
insurance plan, said coverage to be paid for by the employee on a payroll
deduction basis providing that ten (10%) percent of all Board employees
subscribe and, further, providing that a private insurance company can e found
to offer such a plan.
Section 8.35 DENTAL
INSURANCE: The Board will make
available a Dental Insurance Plan providing benefits for employees and eligible
dependents to be paid for by the employee on a payroll basis. The employee may select Option A or B.
Section 8.40 Personnel
of this Board shall be eligible to receive terminal pay at normal retirement,
or to his/her beneficiary if service is terminated by death, as follows:
A. After
ten (10) years and through twelve (12) years - daily rate times 2 accumulated sick leave earned with the
Marion County School Board.
B. 13th
year and over - daily rate times 100% of accumulated sick leave earned with the
Marion County School Board.
C. Calculation
for terminal pay will be at final hourly or daily rate.
D. Sick
leave transferred and earned in Marion County shall be used for calculating
terminal pay for employees hired prior to the 1984-85 school year.
E. Terminal
pay will not be paid on sick leave transferred in from outside Marion County
for new employees beginning with the 1984-85 school year.
F. To
be eligible for terminal pay, an employee shall notify the Board of his/her
anticipated date of severance sixty (60) days prior to June 30 in the fiscal
year immediately preceding anticipated severance. Indication of intent to retire at the time of reappointment shall
be considered proper notice. Terminal
pay costs shall be considered a part of the Board fringe benefit package for
the fiscal year in which they occur.
Failure to provide proper notification shall result in terminal pay
benefits being paid at the beginning of the next fiscal year which is July 1,
unless the severance is for reasons
which are beyond those which could be anticipated by a reasonably prudent
person.
G. Employees
participating in the Deferred Retirement Option Program (DROP) will be paid
their accumulated sick leave at the end of DROP unless an alternative program
is developed.
Section 8.41 Normal
retirement shall be that defined in Section 122.08, Florida Statutes 1965 or
Section 121.021(29) Florida Statutes 1970, which contains minimum requirements
for years of aggregate service as well as certain age requirements.
Section 8.42 An
employee who elects to resign without filing for state retirement, but meets
all other requirements for terminal pay, may be entitled to terminal pay as
stated above. No person terminated for
cause shall receive terminal pay.
Section 8.43 If
an employee retires and receives terminal pay benefits based on unused sick
leave, all unused sick leave credit shall be invalid.
Section 8.45 MEA
agrees to participate in the National Government Employees Retirement Plan as
adopted by the Marion County School Board. This is a 401(a) program that permits government employers to pay
special forms of compensation, such as employee sick pay and vacation leave,
when applicable, in a tax-advantaged manner.
This program becomes effective for those retiring on or after March 1,
2000.
Section 8.50 Teachers
are given six (6) paid holidays including Thanksgiving Day, Christmas Day, New
Year's Day, Memorial Day and President's Day as paid holidays for teachers
employed in the regular 196-day school year.
The Board also recognizes Independence Day as a paid holiday for those
teachers employed in the Summer Academic/Vocational (F.T.E. generating) School.
Section 8.60 EXTRA
DUTY SUPPLEMENTS
CATEGORY A: To
be paid all year long (Value:
24 payments)
ASSIGNMENTS SUPP.
VALUE
Annual Sponsor $1481
Assistant Band Director $1375
Athletic Director $2750
Athletic Trainer (NATA Certified) $3596
Band Director $2644
Business Manager $2644
Curriculum Coordinator/Dean/C.E.C. (3) $2009
Dance Team $1692
Elementary Curriculum Coordinator $2009
Program Staffing Specialist $2009
Publications Sponsor $2009
Administrative Assist. for Applied Technology
(AAAT) $2009
Military Leadership Program $2115
Special Facilities Manager (C) $1481
CATEGORY B: FALL SPORTS (To be paid during indicated time period)
VALUE FROM TO
Cross Country (M/F) $1692 8/1 11/30
Cross Country Female $1692 8/1 11/30
Cheerleader-Fall Varsity $1163 (75%) 8/1-12/1 (25%) 5/1-6/1
Cheerleader-Fall JV $
846 8/1-12/1 5/1-6/1
Cheerleader-Fall 9th Grade $ 740 8/1/12/1 5/1-6/1
Football Varsity Head $3807 8/1-12/28 4/1-5/31
Football - Varsity Assistant #1 $2009 8/1-12/28 4/1-5/31
Football Varsity Assistant (three) $1798 8/1-12/28 4/1-5/31
Football - JV Head $1692 8/1-12/28 4/1-5/31
Football JV Assistant (two) $1481 8/1-12/28 4/1-5/31
Football 9th Grade Head $1481 8/1-12/28 4/1-5/31
Football - 9th Grade Assistant
(two) $1269 8/1-12/28 4/1-5/31
Swimming (Male) $1692 8/1 11/30
Swimming (Female) $1692 8/1 11/30
Volleyball Varsity $1692 8/1 11/23
Volleyball JV/Varsity Assistant $1481 8/1 11/23
Slow Pitch Softball Varsity Head (F) $1692 8/1 11/23
Slow Pitch Softball JV Var. Asst. (F) $1481 8/1 11/23
CATEGORY B: WINTER SPORTS (To be paid during indicated time period)
Basketball Varsity (Male) $3807 11/1 3/30
Basketball Varsity (Female) $3807 11/21 3/15
Basketball JV/Varsity Asst. (M/F) $1692 11/21 3/15
Basketball 9th Grade (M/F) $1481 11/21 3/15
Cheerleader-Winter Varsity* $1163 (75%) 12/1-5/1 (25%) 5/1-6/1
Cheerleader-Winter JV $ 846 12/1-5/1 5/1-6/1
Cheerleader-Winter 9th Grade $740 12/1-5/1 5/1-6/1
Soccer Varsity (M/F) $1692 10/21 3/1
Soccer JV/Varsity Assistant (M/F) $1481 10/21 3/1
Weightlifting Varsity (Female) $1692 10/21 3/1
Weightlifting JV/Varsity Asst. (Female) $1481 10/21 3/1
Wrestling Varsity $1692 10/21 3/1
Wrestling JV/Varsity Asst. $1481 10/21 3/1
CATEGORY B: SPRING SPORTS (To
be paid during indicated time period)
Baseball Varsity $2750 1/20 5/31
Baseball JV/Varsity Assistant $1692 1/20 5/31
Baseball 9th Grade $1481 1/20 5/31
Golf (M/F) $1692 1/20 5/16
Softball Varsity Assistant $1692 1/20 5/31
Softball 9th Grade $1481 1/20 5/31
Tennis (M/F) $1692 1/20 5/17
Track - Varsity (M/F) $2009 1/20 5/24
Track - JV/Varsity Assistant (M/F) $1692 1/15 5/2
Weightlifting Varsity $1481 1/15 5/2
Weightlifting JV/Varsity Asst. $1481 1/15 5/2
Undesignated (not football or $1481 AS ASSIGNED
basketball)
Undesignated $1481 AS ASSIGNED
CATEGORY C: (To
be paid at the completion of activity).
Band Middle School $
846 $1058 $1269
Chorus $
846 $1058 $1269
Clubs (Curriculum Related) $ 529
District Special Events Coordinator $1058
(Subject Areas as Approved by K-12 Curriculum Director)
District Enrichment Contacts $1058
Drama Coach $
846 $1269 $1269
Drill Team Sponsor $ 846
Freshman Class Sponsor (Female) $ 529
Future Farmers of America $ 846 $1269 $1798
Agriculture Summer Service $2115
Graduation Coordinator $ 529
High School Academic Supplement $1269
High School Academic Team Supplement $1798
Intramural Coordinator $ 529
Jr. Class Sponsor $ 635
Majorette Sponsor $ 635
Peer Teacher $ 529
Senior Class Sponsor $ 635
Sophomore Class Sponsor $ 529
Special Olympics Coordinator $1058
Student Council Sponsor $ 529
The base for determining compensation for
supplements shall be $21,150.00.
When possible, supplementary positions will
be filled from within the bargaining unit in the following manner:
A. Posting
in the school first
B. If
unfilled, posting district-wide
C. If
unfilled, posting from outside the unit
In no case will a position be filled without
first following Steps A and B.
Section 8.70 Employees
whose base contract exceeds 196 days (i.e. 206, 216, etc.) will be compensated
at their daily rate of pay, which is equivalent to 1/196 of the 10-month Instructional
Salary Schedule (See Article 8.10).
Should the contract require employment through July 4, then July 4 shall
be a paid holiday.
Section 8.701 Summer
School employees will be compensated at
the hourly rate of Step 0 of their Rank
under the negotiated Section 8.10. This
does not apply to Fee-Based programs.
Section 8.702 Employees
hired for FTE/PBIF Programs payable under the Grants and Special Projects
Salary Schedule will be compensated at the hourly rate of Step 0 of their Rank
under the negotiated Section 8.10.
Section 8.703 Teachers voluntarily exceeding
their base contract for approved additional workdays will be compensated at the
hourly rate of Step 0 of their Rank under the negotiated Section 8.10.
Section 8.71 Deductions
from the teacher's salary during the regular school term for uncompensated
leave shall be made at the rate of that fraction of the teacher's annual
compensation of which the number of days absent shall be the numerator and the
total working days required by the teacher's contract shall be the denominator.
Section 8.72 Upon
appropriate written authorization from the teacher, the Board shall deduct from
the salary of any teacher and make appropriate remittance for annuities, credit
union, United Fund, insurance or any other plans or programs approved by the
Board.
ARTICLE
9.00
MODIFIED
SCHOOL
Section 9.10 When
a traditional calendar school converts to a modified calendar school, those
teachers who wish to continue teaching in a traditional calendar school shall
be given priority in transferring to a traditional calendar school, if
vacancies exist. It is understood that
this priority shall be less than that given to teachers who are displaced by
changes in programs or student population in other centers.
Section 9.20 When
teachers are going off track they will be expected to assist in articulation,
but not be required to provide detailed lesson plans.
Section 9.50 CHARTER
SCHOOLS - When the School Board receives an application for a Charter
School, MEA will receive a copy of the application following the close of the
application period. MEA will within 10
working days fo receiving Charter School Applications, or a mutually agreed
upon extended time frame, notify the School Board=s bargaining agent of any anticipated impact
of the Charter School on the wages, hours, and the terms and conditions of
employment of the bargaining unit members it represents. MEA may request negotiations concerning the
anticipated impact with the understanding that such negotiations must be completed
prior to the School Board taking official action on Charter School
Applications.
ARTICLE
10.00
ACCOUNTABILITY
Section 10.10 Teachers
serving on the School Advisory Council shall be elected in accordance with
School Board Policy.
Section 10.20 WAIVER FOR SCHOOL IMPROVEMENT PLANS AND CRITICALLY LOW
PERFORMING SCHOOLS - The parties agree that assisting schools to improve
their delivery of instruction to students is a mutual goal. When School Advisory Councils contemplate
including in their school improvement plans items that are not in accordance
with the Collective Bargaining Agreement, they must submit a request for
waiver. The MEA and the Board
bargaining teams shall meet within 10
days of the receipt of the request for waiver to discuss the disposition of the
request. Any school, including those
identified as critically low performing, may request a waiver subject to the
following provisions:
A waiver must be requested in writing to the
Association President. The request
shall cite the specific articles to be waived and describe the proposed
modifications to terms and conditions of employment that will exist for that
school.
If
the waiver is approved by both parties, the waiver will be granted for one (1)
year, shall apply only to the school requesting the waiver, will be part of the contract, and will be
subject to the grievance procedure. A
request to continue a waiver beyond one school year must be re-submitted
through the entire process each school year and accompanied by verification of
the success of the previous year=s waiver.
A request for a waiver will be submitted no
fewer than thirty (30) days prior to School Board presentation. The School Improvement Plan (SIP) shall not
be published or distributed prior to the resolution of the waiver request.
Teachers currently assigned to a critically
low performing school shall be able to individually elect to remain at the
school under the new terms and conditions of the waiver or to request transfer
to another school. Such teachers
requesting transfer because they are not available to work hours or days
significantly extended or modified as a result of waiver, shall receive
priority for transfer within the district, subject to the provisions of the
Federal stipulated agreement.
Section 10.30 An
out-placement plan will be developed by the School Board and MEA when a teacher
is displaced to accommodate a school plan and there is no other position within
the county to which the teacher can transfer.
Section 10.40 Staff
Surveys - MEA will distribute and collect School Advisory Council (SAC) surveys
dealing with compensation and working conditions.
Section 10.41 School
Advisory Council (SAC) Surveys will not provide comment space or solicit
individually identifiable information.
Should such information be received regarding a specific program or
individual, it will not be tallied, reviewed or published.
ARTICLE
11.00
DURATION
Section 11.10 This
Agreement shall be effective as of July 1, 2001 and shall continue in effect
through June 30, 2004.
Section 11.20 The
Board and the Association agree to reopen negotiations on the below listed
items not later than July 1, 2002 and July 1, 2003.
REOPENERS
1. Salary
2. Compensable
Fringe Benefits (Insurance and Paid Holidays)
3. Enactments
by the Legislature
4. Three
contract sections of the Board's choice
5. Three
contract sections of the Association's choice
Section 11.30 IN
WITNESS WHEREOF, each of the parties by their duly constituted officers
authorized by law and the constitution and by-laws of the organization to
execute this Agreement and thereby to bind the party, have placed their hands
and seals the day and year first above written.
SCHOOL
BOARD OF MARION COUNTY
By: By:
MARION
EDUCATION ASSOCIATION
FTP-NEA
By: By:
|
INDEX Access to school building .................................................................. |
5.19 |
|
|
Accountability ................................................................................... |
10.00 |
|
|
Activities outside school day - no replacements ................................. |
5.731 |
|
|
Activity outside of workday ............................................................... |
5.73 |
|
|
Additional Work Days, compensation required .................................. |
8.70 |
|
|
Additional Workday compensation, voluntary ................................... |
8.703 |
|
|
Assessment ....................................................................................... |
5.40 |
|
|
Assignment change ........................................................................... |
5.26 |
|
|
Assignment change/defined ............................................................... |
5.26 |
|
|
Association Leave ............................................................................. |
2.80 |
|
|
Association meetings/time ................................................................ |
2.23 |
|
|
Association meetings/use of facilities ................................................ |
2.20 |
|
|
Association Rights ............................................................................ |
2.00 |
|
|
Audio & video recording - Right of Consent ...................................... |
5.721 |
|
|
BENCOR ........................................................................................... |
8.54 |
|
|
Board Authority ................................................................................ |
3.12 |
|
|
Board Rights/Employee ..................................................................... |
3.10 |
|
|
Bonus ............................................................................................... Bonus/D&F School ............................................................................ |
8.102 8.13 |
|
|
Bulletin Board ................................................................................... |
2.40 |
|
|
Change in Teaching responsibilities .................................................. |
5.312 |
|
|
Charter Schools ................................................................................ |
9.50 |
|
|
Class assignments ............................................................................. |
5.70 |
|
|
Classroom change ............................................................................. |