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1 2 3 4 5 6 7 8 COLLECTIVE BARGAINING AGREEMENT 9 10 BETWEEN THE 11 12 PUYALLUP SCHOOL DISTRICT 13 14 AND THE 15 16 PUYALLUP EDUCATION SUPPORT PROFESSIONALS 17 ASSOCIATION (PESPA) 18 19 20 21 22 23 24 25

26 27 28 29 30 31 32 33 34 35 36 SEPTEMBER 1, 2016 - AUGUST 31, 2017

TABLE OF CONTENTS

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ARTICLE I ADMINISTRATION OF THE AGREEMENT 1 ARTICLE II ASSOCIATION RIGHTS 2 ARTICLE III RIGHTS OF EMPLOYEES 4 ARTICLE IV HOURS/DAYS OF WORK AND OVERTIME 7 ARTICLE V RELATED SERVICES FOR PARAEDUCATORS 10 ARTICLE VI HOLIDAYS 11 ARTICLE VII LEAVES 12 ARTICLE VIII VACATIONS 21 ARTICLE IX PROBATIONARY PERIOD, SENIORITY, BIDDING 22 & DISPLACEMENT ARTICLE X NOTIFICATION 28 ARTICLE XI GRIEVANCE PROCEDURE29 ARTICLE XII INSURANCE 32 ARTICLE XIII EVALUATION 33 ARTICLE XIV COMPENSATION 34 ARTICLE XV SCHOOL VIOLENCE 38 ARTICLE XVI TRAINING AND STAFF DEVELOPMENT 39 SCHEDULE A SALARY SCHEDULE 42-43 APPENDIX B EVALUATION FORM 44-46 APPENDIX C WA STATE CORE COMPETENCIES 47

1 2 3 4 5 6 7 8 9 10 1 ARTICLE I 2 ADMINISTRATION OF THE AGREEMENT 3 4 Section 1.1 Recognition 5 The Puyallup School District (hereinafter "District") hereby recognizes the Puyallup Education Support 6 Professionals Association (hereinafter "Association"), an affiliate of the Washington Education 7 Association (WEA), as the exclusive bargaining representative for all employees designated as 8 Paraeducators and Interpreters, excluding substitutes. Employees who provide interpreting and tutoring 9 support to students shall be classified as “Interpreter/Tutors” (including coordinators) and employees who 10 provide accommodation for students or staff shall be classified as “Interpreters.” Such recognition is 11 granted pursuant to the Public Employees Collective Bargaining Act of 1967. 12 13 Section 1.2 Management Rights 14 The right to make reasonable rules and regulations shall be considered acknowledged functions of the 15 District. In making rules and regulations related to personnel policies, procedures and practices, and 16 matters of working conditions, the District shall give due regard and consideration to the rights of the 17 Association and the employees, and to the obligations imposed by this Agreement. 18 19 It is agreed that the customary and usual rights, powers, functions, and authority of management are 20 vested in management officials of the District. Included in these rights in accordance with applicable laws 21 and regulations are the right to direct the work force; the right to hire, promote, retain, transfer and assign 22 employees in positions; the right to suspend, discharge, demote, or to take other disciplinary action against 23 employees; and the right to release employees from duties because of lack of work or other legitimate 24 reasons. The District shall retain the right to maintain efficiency of the District operation by determining 25 the methods, the means, and the personnel by which such operations are conducted. 26 27 Section 1.3 Interpreter Subcontracting 28 In the event no bargaining unit member is available or qualified to perform an interpreting assignment or 29 fill an interpreting position, the District may contract with other individuals or agencies on a temporary 30 basis to fulfill the position or assignment. 31 32 Section 1.4 Duration 33 The term of this Agreement shall be from September 1, 2016 until August 31, 2017. This Agreement may 34 be reopened and modified at any time during its term upon mutual consent of the parties in writing. 35 36 Section 1.5 Savings Clause 37 If any provision of this Agreement or any application of this Agreement to any employee or group of 38 employees should be found contrary to law, then such provision or application shall not be deemed valid 39 and subsisting except to the extent permitted by law, but all other provisions or applications shall continue 40 in full force and effect. Neither party shall be compelled to comply with any provision of this Agreement 41 which conflicts with State or Federal statutes or regulations promulgated pursuant thereto. 42 43 In the event any provision of this Agreement is found to be contrary to law, such provision shall be re- 44 negotiated pursuant to the duration section. 45 46 Section 1.6 Distribution of the Agreement 47 A copy of this agreement will be posted on the District website. The District will offer copies of the 48 collective bargaining agreement to each new employee at orientation plus an additional 50 copies for the 1 Association as soon as possible, but no later than within 60 days of ratification and Board approval, 2 whichever is later. 3 4 5 ARTICLE II 6 ASSOCIATION RIGHTS 7 8 The Association has the right and responsibility to represent the interests of all employees in the 9 bargaining unit; to present their views to the District on matters of concern, either orally or in writing; and 10 to enter collective negotiations with the object of reaching an agreement applicable to all employees 11 within the bargaining unit. 12 13 Section 2.1 Communication 14 15 Section 2.1.1 Availability of Information 16 The names, work assignments, work locations, salary information and hire dates of employees in this 17 bargaining unit shall be provided to the Association in October and April. Changes to this data will 18 be sent to the Association monthly. 19 20 The Association President shall be furnished, upon request, reasonable and appropriate available 21 data pertinent for use in carrying out the Association's negotiation and representation functions. All 22 parties shall exercise discretion in the utilization of such data. 23 24 Section 2.1.2 Electronic Communication 25 All employees shall be provided with email addresses. Members of the Association shall be 26 permitted to use the District email communications system to conduct Association business. District 27 email shall not be used by the Association for the purpose of advocating for specific political action, 28 work stoppage or other communication use prohibited by law. 29 30 Section 2.1.3 Labor Management Meetings 31 Representatives of the Association and the District shall meet regularly during the school year to 32 review and discuss items of concern or of interest to either party, including this Agreement. 33 34 Section 2.2 Use of Resources 35 36 Section 2.2.1 Equipment Use 37 The District shall honor reasonable requests by the Association for the use of facilities and 38 equipment, the use of in-District mail service, and making bulletin board space available. The 39 Association shall follow proper District procedures in requesting use of resources. 40 41 Section 2.2.2 Access 42 Representatives of the Association shall be permitted to transact Association business on school 43 property and shall follow required check-in/check-out procedures. Such business shall normally be 44 transacted before or after the work day, but under no condition shall be conducted at times which 45 interfere with normal school operation or interrupt other employees during the performance of their 46 assigned duties. 47 48 1 Section 2.3 Staff Reduction 2 While the District specifically retains the right to make all budget making and staffing level decisions, 3 when reductions in the bargaining unit work force are anticipated, the District agrees to notify the 4 Association prior to communicating the reduction to employees and at the Association's request, negotiate 5 the effects of the anticipated reductions. 6 7 Section 2.4 Association Leave 8 For the purpose of conducting Association business and business with 9 the District, employees designated by the Association will be allowed 10 time off with pay. The cumulative total for all employees for this 11 purpose, excluding time off taken by the Association President, will be 12 no more than 45 days per school year. No more than three employees 13 may be released at any one time, except for the purpose of bargaining, 14 preparation for bargaining, attending WEA Representative Assembly 15 and attending the NEA ESP Issues Conference. The Association will 16 pay substitute costs for leave billed by the District within 75 days of 17 the date of use of Association leave. 18 19 Any time off taken by the Association President (up to full time) at the request of the Association to 20 perform Association duties, to conduct Association business and/or confer with District representatives, 21 shall be considered release time. If the request for release is less than full time, the Association and the 22 District shall agree on the amount of leave requested and the potential need for reassignment of the 23 President. If there is a need for reassignment, the Association President will have the choice of an 24 equivalent vacant position prior to the placement of other employees. The Association shall request 25 release time, if any, 30days prior to the end of the semester preceding the one for which leave is sought, 26 except in cases where such notice is not possible. 27 28 The Association President shall receive full salary, rights and benefits 29 as identified in the collective bargaining agreement as though 30 employed full-time. The Association will reimburse the District for the 31 cost of the release time. Any additional stipend the President receives, 32 as determined by the Association, shall be paid by the District as 33 extended days, and reimbursed by the Association. Compensation that 34 exceeds the highest paid employee in the Association will not be 35 accepted by the Department of Retirement Services. 36 1 Upon completion of the term of office, the Association President shall 2 have rights to return to a position of equal hours in the 3 building/program from which the President left at the time of the 4 release. The Association President shall have the choice of an 5 equivalent vacant position, prior to the placement of other employees. 6 7 Any employee elected or appointed to a position with the Summit UniServ Council requiring release time 8 shall be granted the requested release and shall retain all salary, rights and benefits under the Agreement. 9 Reimbursement for said release time shall be paid to the District by the Summit UniServ Council. 10 11 Any employee elected or appointed to a full time position with NEA, or WEA, requiring full time release 12 time shall be granted the requested release for the length of the term of office, and shall retain all salary, 13 rights and benefits under the Agreement. Reimbursement for said release time shall be paid to the District 14 by NEA, or WEA as appropriate. 15 16 Section 2.5 Dues, Deductions and Representation Fees 17 18 Section 2.5.1 Representation Fee 19 All members of the bargaining unit shall, as a condition of employment, be a member of the 20 Association or pay a representation fee. When an employee is represented by multiple bargaining 21 groups, the employee shall pay dues or fees to the group for which they work the most regularly 22 scheduled hours per month. Such employees shall be subject to the terms of this agreement while 23 serving in the position included in this bargaining unit. However, benefits, including but not 24 limited to insurance and leave provisions, shall be determined by the collective bargaining 25 agreement or District policy covering the position that carries the most regularly scheduled hours 26 per month. If an employee has an equal number of regularly scheduled hours per month between 27 District units or groups, the employee shall choose at the outset of the split assignment which unit 28 or group’s benefits shall apply. 29 30 Each pay period, the dues required of membership, or for non-members, a representation fee, shall 31 be deducted from the employee’s salary. 32 33 The District shall transmit the dues and representation fees to the designated Association 34 representative each pay period. Dues will include local dues. 35 36 Section 2.5.2 Religious Objection 37 This provision safeguards the rights of the non-association of employees based on bona fide 38 religious tenets or teachings of a church or religious body of which such employee is a member. 39 Such employees shall pay an amount of money equivalent to regular Association dues to a non- 40 religious charity or to another charitable organization mutually agreed upon by the employee and 41 the Association, through a District payroll deduction. If the employee and the Association do not 42 reach agreement on such matter, the Public Employment Relations Commission (PERC) shall 43 designate the charitable organization. 44 45 Section 2.6. Information to New Employees 1 When new hire orientations are offered by the District, the Association will be provided an opportunity to 2 share information about the Association with those new employees. 3 4 5 ARTICLE III 6 RIGHTS OF EMPLOYEES 7 8 Section 3.1 Rights of Citizenship 9 Employees shall be entitled to full rights of citizenship as granted to citizens generally. The private and 10 personal life of an employee shall not be within the concern of the Superintendent unless there is actual, 11 probable, or potential adverse effect on the duties and responsibilities of the employee. It is agreed that 12 employees shall have the right, freely and without fear of penalty or reprisal, to join the Association. Each 13 employee shall have the right to bring matters of personal concern to the attention of appropriate 14 Association representatives and/or appropriate officials of the District. 15 16 Section 3.2 Non-Discrimination 17 Employees shall not be discriminated against on the basis of age, race, creed, national origin, color, 18 gender, domicile, sexual orientation, religion, marital status or the presence of any sensory, mental or 19 physical disability, except as permitted by law. 20 21 22 23 24 Section 3.3 Just Cause 25 26 Section 3.3.1. Non-Disciplinary: Verbal warnings and Letters of Direction are not disciplinary in 27 nature, but shall be documented in the supervisor’s working file. 28 29 Section 3.3.2. Progressive Discipline: An employee will not be disciplined without just cause or 30 for an arbitrary or capricious reason. The extent of any disciplinary action will be in keeping with 31 the seriousness of the infraction and appropriate to the behavior which precipitates such action. A 32 process of progressive discipline will be used. Verbal Warnings and Letters of Direction may be 33 used as a pre-curser to formal discipline when appropriate. Progressive discipline includes written 34 reprimand, suspension without pay, or termination. The employee and Association will receive a 35 copy of any written reprimand. Verbal warnings shall be documented in the building file. Other 36 forms of discipline shall be placed in the employee’s personnel file. 37 38 Section 3.4 Right to Representation 39 Employees shall have the right to have an Association representative present and participating in any 40 discussion that the employee reasonably expects might give rise to disciplinary action, in formal and 41 informal disciplinary hearings, and in grievance discussions. 42 43 When an administrator reasonably expects that a meeting may lead to disciplinary action against an 44 employee, the Administrator shall advise the employee of his/her right to representation prior to 45 discussing the matter with the employee. 46 47 When a request for such representation is made, no action shall be taken with respect to the employee 48 until such representative of the Association is present. 1 2 The specific grounds forming the basis for disciplinary action shall be made available to the employee and 3 to the Association in writing upon request. 4 5 In the event that an allegation of misconduct is investigated and not supported by the available evidence, 6 such records shall be retained in the District to substantiate that a thorough investigation was conducted. 7 8 Section 3.5 Personnel File 9 The District shall keep one copy of the employee's personnel file at the District office, and the employee 10 shall be given permission to review the contents of that file by making an appointment through the Human 11 Resources Office. A working file may be kept at the worksite. All employees shall have the right to 12 review and respond to any and all files maintained for and/or about them. If requested, file materials shall 13 be reproduced for the employee promptly. 14 15 Section 3.5.1 Derogatory Materials 16 No derogatory materials concerning the employee's conduct, service, character, or personality shall 17 be placed in any file unless an employee has had an opportunity to read and respond to them 18 within 30 business days. The employee shall acknowledge having read such material by affixing 19 his/her signature to the copy to be filed. The employee shall have the right to write his/her version 20 of the incident or occurrence, and have the statement permanently attached to the original 21 document. 22 23 24 25 Section 3.5.2 Complaints 26 Complaints shall be called to the attention of the employee within seven school days of receipt or 27 at the time a determination is made that there is sufficient reason to call the complaint to the 28 employee’s attention. Any complaint not called to the employee’s attention may not be used as the 29 basis for any disciplinary action against the employee and may not be included in the employee’s 30 evaluation. 31 32 Section 3.6 Administrative Leave 33 The District may place an employee on paid administrative leave upon receipt of a complaint or allegation 34 of inappropriate behavior by the employee and when the employee’s continued presence in the workplace 35 may threaten or endanger the health, safety, or well-being of students or employees, disrupt the 36 educational setting, or interfere with the investigation. 37 38 When circumstances allow, the employee shall be notified of the decision to place him/her on 39 administrative leave in a respectful and discrete manner, preferably at the end of the employee’s work day 40 in a private setting. 41 42 The employee shall be notified in writing of the specific complaint or allegation to be investigated as soon 43 thereafter as possible. Investigations shall be conducted as quickly as possible. Administrative leave is not 44 considered disciplinary. 45 46 Section 3.7 Working Environment 47 The District shall provide a safe and healthy working environment for all employees so employees shall 48 not be required to work under unsafe or hazardous conditions or to perform tasks which endanger their 1 health, safety or well-being. When an unsafe or hazardous condition is reported to the District, the 2 concern will be acted upon in a timely manner. If there is a disagreement as to the existence of an unsafe 3 or hazardous condition, either party may refer the matter to an outside agency. 4 5 Supervisors shall ensure that employees have reasonable opportunities each day to review District email 6 and other communications, at a time that is least impactful to students. 7 8 Section 3.8 Staff Protection 9 10 Section 3.8.1 Hold Harmless 11 Employees who are supervising students will be held harmless and defended by the District when 12 acting within the scope of their employment obligations to the District. 13 14 Section 3.8. 2 Personal Vehicles 15 Acts of damage to a vehicle parked in the school setting shall be covered by the individual's 16 insurance policy. When an employee's vehicle is damaged in a designated work parking area or 17 within the course of an employee’s job responsibilities by vandalism, which includes a reportable 18 hit-and-run incident, the District will reimburse the amount of the deductible to a maximum of 19 $1,000. Employees who have vehicles which are not covered by insurance shall receive the same 20 benefit. Damage to an employee's vehicle caused by District negligence will be fully covered per 21 the District’s coverage agreement in force at the time of the incident. 22 23 Section 3.8.3 Liability Insurance 24 The District shall provide liability insurance protecting employees while they are acting within the 25 scope of their employment obligations to the District, which may include, among other activities, 26 transporting materials, equipment or students. When so acting, employees will be covered by the 27 District's liability insurance policy. 28 29 Section 3.8.4 Personal Property 30 When employees use personal property in a school-related situation with appropriate safeguards 31 against loss or damage, the District shall provide insurance to protect the property from loss or 32 damage to a maximum of $1,500 total value per individual. Such insurance protection shall apply 33 only to items for which prior approval has been given each year, in writing, by the principal or 34 program director. Items totaling more than $1,500 need prior approval by the Superintendent, or 35 designee. Such approval must also be sought each school year and in no case extend beyond the 36 third day after the school year ends. 37 38 Section 3.9 Workspace 39 The District shall provide an individual/personal interschool mail location for each employee at their 40 home worksite. Employees may submit a request to their administrative supervisor for a designated work 41 space which may include computer access, locking storage and a desk. Access to a shared computer will 42 be provided to employees for the purpose of checking email and other work related tasks. The 43 administrator will discuss options with the employee and will grant the request if there are resources and 44 adequate space available. 45 46 Section 3.10 IEP Access 1 Prior to working with students with special needs, employees will be provided with information regarding 2 IEPs (including Behavior Intervention Plans, medical plans, accommodations, etc.) for students with 3 whom the employee works directly. 4 5 6 ARTICLE IV 7 HOURS/DAYS OF WORK AND OVERTIME 8 9 Section 4.1 Definition of Full-Time and Part-Time Employees 10 A full-time employee shall be defined as one who works 1,440 hours per year, including any District 11 imposed work hours reductions. A part-time employee shall be defined as one who works less than 1,440 12 hours per year. 13 14 Section 4.1.1 Interpreter Work Days 15 The normal work schedule for Interpreters shall consist of five consecutive workdays, Monday 16 through Friday, followed by two days of rest (Saturday and Sunday). 17 18 Section 4.1.2 Interpreter Work Shifts 19 Each employee shall be assigned to a definite shift with designated times of beginning and ending. 20 Shifts in excess of five hours per day shall include a lunch period of not less than 30 minutes. 21 22 Interpreter/Tutors: A normal work shift for “Interpreter/Tutors” shall closely match the school 23 attendance hours for the student(s) for whom they are interpreting. 24 25 Forty (40) hours shall be allowed each school year for professional preparation. Additional time 26 for professional preparation, paid at the employee’s regular rate of pay, shall be approved on a case 27 by case basis by the Special Services Administrator. 28 29 Employees hired as “Interpreter/Tutors” according to the job posting shall retain Interpreter/Tutor 30 status within the contract even if performing work that is designated in the contract as falling 31 within the Interpreter classification. 32 33 Interpreters: A normal work shift for “Interpreters” will match the school/work hours for the 34 student/staff member for whom they are interpreting. Additional time for professional preparation, 35 paid at the employee’s regular rate of pay shall be approved on a case by case basis by the Special 36 Services Administrator. 37 38 Interpreter/Tutor Coordinators: A normal work shift for Interpreter/Tutor Coordinators shall be 39 seven hours, consisting of five hours of student contact time, one hour outside the student day, and 40 up to one additional hour within the student day, as schedules allow and approved by the Special 41 Services Administrator, for performing coordinator duties. Forty (40) hours shall be allowed each 42 school year for professional preparation. Additional time for professional preparation, paid at the 43 employee’s regular rate of pay, shall be approved on a case by case basis by the Special Services 44 Administrator. 45 46 Section 4.1.3 . Paraeducators : Beginning November 1, 2016, Paraeducators who work at least six 47 (6) hours per day providing full day classroom instructional support in ELL, Title, LAP and/or 48 Resource, shall have one (1) additional hour as a pay assignment (outside of their regular work 1 day) each week for professional preparation. This hour shall be scheduled by mutual agreement of 2 the impacted employee, designated administrator, and certificated team member, if applicable. 3 4 Section 4 .2 Lunch Break 5 Employees shall be allowed a meal period of at least 30 continuous and uninterrupted minutes which 6 commences no less than two hours nor more than five hours from the beginning of the shift. Meal periods 7 will be on the District's time when the employee is required by the employer to remain on duty. No 8 employee shall be required to work more than five consecutive hours without a meal period. 9 10 Section 4 .3 Rest Period 11 Employees shall be allowed a rest period of 15 continuous and uninterrupted minutes on District time for 12 each four hours of working time. Rest period shall be scheduled as near as possible to the mid-point of 13 the work period. No employee shall be required to work more than three hours without a rest period. 14 However, where the nature of the work allows employees to take intermittent rest periods equivalent to 15 15minutes for each four hours of work, scheduled rest periods are not required. 16 17 Section 4.3.1 Rest From Interpreting 18 The District will make reasonable effort to not schedule work assignments for Interpreters 19 requiring an hour or longer of continuous interpreting without an assigned team of Interpreters or 20 Interpreter/Tutors in order to accommodate appropriate rest from interpreting for each employee. 21 Individual Interpreters or Interpreter/Tutors shall generally be expected to provide continuous 22 interpreting for a maximum of 50 minutes followed by non-interpreting tasks or the employee’s 23 regular break. In the event an employee has concerns regarding overuse or physical impact of 24 extended periods of continuous interpreting, the employee shall request a meeting with the Special 25 Services Administrator, who shall make reasonable effort to find mutually agreeable solutions to 26 resolve the concern in a timely manner. 27 28 Section 4.4 Transporting Students 29 Employees shall not be requested nor required to transport students in their personal vehicles. However, 30 when emergency transportation situations arise, the supervisor and employee may discuss such situations. 31 If transporting students in a District vehicle, employees shall complete the necessary paperwork required 32 by the District prior to transporting students. 33 34 Section 4 .5 Extended Time 35 Additional hours beyond the employee’s regular assignment must be approved by the administrative 36 supervisor (or assigned by the Interpreter/Tutor Coordinator, for Interpreters) in advance of the hours 37 worked and shall be compensated at their regular hourly rate of pay. Employees and administrative 38 supervisors may agree to flex work hours within the work week. 39 40 Employees who are assigned additional hours on an ongoing basis as part of their regular assignment, will 41 receive payment for these hours as part of their regular work assignment. 42 43 Section 4.6 Overtime 44 Overtime must be approved by the employee’s administrative supervisor (or assigned by the 45 Interpreter/Tutor Coordinator, for Interpreters) in advance of the hours worked. All hours paid which 46 exceed 40 for any one work week (Monday morning at 12:00am through Sunday night at 11:59 p.m.) shall 47 be compensated at one-and-one-half times the employee's base hourly rate. 48 1 Section 4.7 Extra Responsibilities 2 As part of the educational community, employees are invited and encouraged to participate in District 3 activities outside their regular work hours. However, under no circumstances should they be or feel 4 pressured to engage in such activities. When employees are required to attend meetings and/or events 5 outside the workday which are related to their work assignment, they shall be compensated at their 6 appropriate rate of pay. 7 8 When activities outside an employee’s regular work hours are optional, no information critical to that 9 employee’s successful performance of his/her job shall be communicated unless it is also communicated 10 by another means, such as in writing. 11 12 Section 4.8 Day Before School Begins 13 Paraeducators shall work three hours on the day before classes begin and shall be paid at their regular 14 hourly rate; however, employees whose assigned FTE is more than three hours may work up to their 15 assigned FTE hours and be paid at their regular hourly rate. 16 17 Interpreters shall work the day before classes begin (181st day) for each new school year and shall be paid 18 at their regular hourly rate. 19 20 Section 4.9 School Closure or Modified Schedule 21 When school schedules are modified for inclement weather or other reasons at one site or District wide, 22 employees shall work their regular schedule, or use appropriate leave. If the employee’s work location is 23 closed, employees may be directed to work at another site. If an employee is not required to report for 24 work, their work will be rescheduled. 25 26 27 28 Section 4.10 Fair Day 29 If the District provides an early release for employees and students on Fair Day in September, employees 30 will be released at the same time students are released, without loss of compensation. 31 32 Section 4.11 Shortened School Year Due to Work Stoppage 33 In the event that the school year is shortened because of work stoppage by other bargaining groups, the 34 District will provide employment for employees covered by this Agreement for the number of days the 35 State provides reimbursement to the District. 36 37 Section 4.12 Transition Time 38 Employees shall be paid appropriate travel time when a single, district designated assignment requires 39 travel between two work sites. Employees are not eligible to assume extra assignments/hours or bid on 40 additional positions that do not provide adequate transition time between work sites to allow the employee 41 to fulfill the required time for each assignment. Employees bidding on and/or accepting two separate 42 assignments shall not be compensated for travel between two separate job sites. 43 44 Employees should work with building administrators to ensure appropriate transition time between 45 assignments at the same site. 46 47 Section 4.13 Extended Work Hours and Collaboration Time 1 Employees shall not be required to perform work assignments outside their regular work schedule. The 2 District shall remind Principals and program administrators annually of this requirement. If an employee 3 finds that a specific assignment or ongoing expectations cannot be completed within his/her regular work 4 schedule, he/she shall meet with the Principal or program administrator to resolve the workload issue. 5 6 Section 4.13.1 Collaboration Time 7 Employees assigned in a position of at least 20 hours each week within levels two and above shall 8 be eligible to work their regular hours on late start Mondays for collaboration, at the employee’s 9 regular hourly rate of pay. 10 11 Section 4.13.2 Student Release Waiver Days 12 The District will include employees in student learning activities and/or offer professional 13 development when appropriate and to the extent possible on days when the student schedule is 14 modified, except those days when work is not scheduled in order to achieve the State reduction in 15 salary funding. The professional development committee will schedule professional development 16 opportunities on student attendance waiver days, if any, that employees may attend, utilizing their 17 professional development hours. 18 19 20 ARTICLE V 21 RELATED SERVICES FOR PARAEDUCATORS 22 23 Section 5.1 Related Services For Paraeducators 24 Working with a diverse student population is a part of many of the positions held by Paraeducators. Some 25 Paraeducators work or will work with students with special needs. It is understood that such 26 Paraeducators are expected to provide the related services necessary for such students. However, should a 27 current employee's job change to begin to include related services (including riding the bus, catheterizing, 28 clapping, tube feeding, suctioning, diapering or administering medications), that employee has the 29 following options: 30 31 1. Trade positions with another willing employee if both employees are qualified and both have 32 received approval by their building administrator; 33 34 2. Receive additional training as deemed appropriate by a Special Services administrator; 35 36 3. Bid for any open posted position for which they are qualified. The Paraeducator may be 37 required to carry out the new related services of the position until a replacement can be found. 38 39 Section 5.2 Training for Related Services and Administering Medications 40 Paraeducators required to dispense or administer medications, provide related services, or render first aid 41 will be properly trained according to law. Paraeducators who are required to dispense and administer 42 medications or provide related services will be properly trained by a licensed nurse prior to these 43 responsibilities being required and will be held harmless and defended by the District when acting within 44 the scope of their duties. Training for such responsibilities will be provided yearly and any training time 45 required outside of the work day will be paid at the employee's regular hourly rate of pay. As appropriate 46 and feasible, written guidelines for all related services and/or procedures and for administering 47 medications shall be given to all Paraeducators working with special needs students. 48 1 Section 5.3 Toileting 2 The District will endeavor to utilize in all circumstances same gender employees to diaper and toilet 3 students over the age of six years. As best practice, Paraeducators shall be assigned in pairs for this task 4 whenever reasonably possible and an appropriate coverage plan will be developed to account for 5 employee absences. Employees who have concerns will notify their supervisors in writing for appropriate 6 assistance. 7 8 Section 5.4 Lifting 9 Paraeducators required to lift more than 35 pounds on a regular basis will discuss with their supervisor(s) 10 appropriate means/equipment/training necessary to do so safely. If the matter is not resolved at that level, 11 it will be resolved by the Director of Human Resources. Employees working with students weighing 12 more than 35 pounds will be provided with a Hoyer lift when available and practical. Paraeducators 13 required to lift students shall be provided, at District expense, an appropriate-sized truss (back support 14 belt) when recommended by the employee’s licensed health care provider. 15 16 17 ARTICLE VI 18 HOLIDAYS 19 20 Section 6.1 21 The days listed below shall be considered holidays for all employees in proportion to hours normally 22 worked each day during an employee's regular work year. Holiday pay for the days listed below will be 23 granted when the employee works or is on paid leave during the regularly-scheduled work shift before and 24 after the holiday: 25 Labor Day* New Year's Day 26 Veterans Day Martin Luther King Jr. Day 27 Thanksgiving Day Presidents Day 28 Day after Thanksgiving Friday of Spring Vacation 29 Christmas Eve Day Memorial Day 30 Christmas Day Independence Day * 31 32 * Labor Day and Independence Day will be given as a paid holiday if the employee’s regular work 33 schedule requires them to work the day before the holiday and the day after the holiday. 34 35 Section 6.2 36 A paid holiday shall count as a day worked for the week in which it falls. If the designated holiday falls on 37 a Saturday, the preceding Friday shall typically be the paid holiday; if the designated holiday falls on a 38 Sunday, the following Monday shall typically be a paid holiday. The Human Resources Department will 39 determine the specific dates that will be designated as paid holidays. 40 41 42 ARTICLE VII 43 LEAVES 44 45 It is agreed that employees need to be able to access reasonable amounts of leave to maintain and restore 46 their health and to deal with emergencies and other personally compelling events. 47 1 It is also agreed that regular attendance is important to provide students with the optimum learning 2 experience, to balance the workload for all staff, and to enhance the operation of each school. 3 4 The District understands that employees have legitimate privacy concerns regarding some circumstances 5 that call for the use of leave, and will work with employees to minimize the disclosure of information. 6 7 The Association recognizes that employees must collaborate with their supervisors and the Human 8 Resources Department to ensure that leave is used properly and that District operational needs are 9 efficiently addressed. 10 11 Section 7.1 Leave Due to Employee’s Own Illness 12 13 Section 7.1.1 Illness, Injury and Emergency Leave (Sick Leave) 14 Employees shall be allowed 12 days a year for the employee's personal illness, personal injury and 15 emergency leave (sick leave). Such leave shall be accumulated to a maximum equal to the number 16 of work days per year (180 days in most positions). No deduction from salaries shall be made 17 during these days. Employees working less than 1,440 hours per year shall be allowed sick leave 18 on a prorated basis. 19 20 The District may inquire regarding an employee’s use of leave under this section after three 21 consecutive days absent from work or if an employee uses leave in lieu of a denied personal leave 22 request or to extend a personal leave, or when the employee has demonstrated a pattern of leave 23 usage of concern to the District. A medical practitioner’s statement or other verification of absence 24 may be required. 25 26 The District will require a medical practitioner’s verification of an employee’s absence and fitness 27 to return to work (with or without restrictions) after five consecutive days absent from work. 28 29 An "emergency" is defined as an unforeseen and suddenly precipitated occurrence of a serious 30 nature beyond the control of the employee which threatens the physical well-being or property of 31 the employee and is of such nature that preplanning is not possible or could not relieve the 32 necessity for the employee's absence. Application for emergency leave shall be made to the 33 Human Resources Department. 34 35 Even though some employee positions do not require substitute coverage when the employee is 36 absent, the provisions regarding leave usage and deductions of sick leave shall be used for all 37 employee absences. 38 39 Sick leave shall also apply to disabilities caused or contributed to by pregnancy, miscarriage, 40 abortion, childbirth and recovery therefrom. 41 42 Section 7.1.2 Using Family and Medical Leave (FMLA) for Employee’s Own Illness 43 Eligible employees may utilize FMLA leave for their own serious health condition. All the 44 provisions of the FMLA shall be extended to employees with work assignments of four or more 45 hours per day who meet all other FMLA eligibility requirements; provided, however, that 46 individuals replacing employees on FMLA leave will not be eligible for insurance benefits. 47 48 Section 7.1.3 Temporary Disability Leave 1 Employees who are physically or emotionally unable to perform the functions of their position for 2 medical reasons, may request a temporary disability leave without pay. Temporary disability shall 3 be granted for illness, injury, surgery, or because of pregnancy or childbirth and may only be 4 granted for the period of actual disability and shall not exceed one year including all sick leave or 5 pregnancy disability leave already taken. 6 7 Section 7.1.3.1 8 The employee shall notify the Director of Human Resources of their request for temporary 9 disability leave. If possible, such notification shall be made at least 60 calendar days prior 10 to the proposed starting date of the leave. The employee, the employee's attending 11 physician and the District shall in consultation determine the starting and ending dates for 12 leaves. The District may require a doctor's certification that the leave should be granted 13 and that the employee is able to continue to work, prior to the temporary disability leave 14 request, without jeopardizing the employee's health or the safety of others. 15 16 Section 7.1.3.2 17 A. Upon expiration of a temporary disability leave of 12 work weeks or less, the employee 18 shall be assigned to the same position, or an equivalent position occupied before the 19 leave unless such position(s) was eliminated because of a reduction of State and/or 20 Federal funding which became effective during the period of the leave. In such case, 21 the employee shall be reinstated to the first available opening, in which duties are 22 substantially equivalent to the position held prior to the leave. 23 24 B. Upon expiration of a temporary disability leave of over 12 work weeks, the District 25 cannot assure the employee of assignment to the same position held prior to the leave 26 as there is no certainty of a vacancy to make room for the employee when returning. 27 However, the District will attempt to reassign the employee to the position held prior to 28 the leave. In any event, the employee shall be reinstated to the first available opening 29 within six months of the employees return from disability leave in which duties and 30 annual pay are substantially equivalent to the position held prior to the leave. 31 32 Section 7.1.3.3 33 An employee on approved temporary disability leave will retain accrued vacation and 34 seniority rights. Employees granted temporary disability leave must have depleted their 35 available sick leave before being placed on an unpaid leave status. 36 37 Section 7.1.4 Leave for Job-Related Injury/Illness 38 Any employee shall be entitled to a leave of absence due to injuries and/or illness incurred on the 39 job which have caused him/her to exhaust sick leave. Such leaves shall be available for a period of 40 up to one year so long as a medical doctor certifies that the employee is unable to return to work 41 because of the work-related injury/illness. Leaves granted under this section shall not be 42 combined with temporary disability leaves. 43 44 Section 7.1.4.1 45 If an employee returns from leave within one year of the date the on the job illness or 46 injury occurred, he/she must be given his/her original position or one that is comparable to 47 the same job he or she held at the time he/she was injured or became ill. 48 1 Section 7.2 Leave Due to Pregnancy/Maternity Disability or Adoption Leave 2 An employee may use accumulated, paid sick leave for the period of actual disability attributable to 3 pregnancy or childbirth as verified in writing by the employee's physician. 4 5 If the employee's accumulated sick leave is exhausted during the period of maternity disability, the 6 District shall grant a leave of absence without pay or fringe benefits. Upon the staff member's request, 7 he/she may self-pay both the employee and employer portion of available fringe benefit premiums for the 8 remainder of the period of actual disability due to pregnancy or childbirth. 9 10 Notice Required. A pregnant employee is requested to notify her immediate supervisor and the Human 11 Resources Department by the beginning of the sixth month of pregnancy. 12 13 At the time of such notice the employee shall submit a written request to her immediate supervisor and the 14 Human Resources Department. The notice to the District shall include the approximate beginning and 15 ending dates for the leave, and may be for one or more of the following: 16 17 A. Maternity leave for the period of her actual disability due to pregnancy or childbirth; 18 19 B. Unpaid FMLA for a period of up to 12 weeks, in addition to any period of maternity 20 disability leave if eligible. The District will extend the employee's health benefit during 21 this period of unpaid FMLA leave; 22 23 C. Child rearing leave; or 24 25 D. Termination of employment by resignation. 26 27 Employment Conditions. A pregnant employee may continue working as long as she is capable of 28 performing her normal duties, with the written approval of her physician or licensed practitioner. 29 30 The employee may return to work when physically able to perform her duties as certified by her personal 31 physician or licensed practitioner. 32 33 No later than 30 days after the date of birth, the staff member is requested to notify the Human Resources 34 Department of the specific date when she shall return to work. Unless the Human Resources Department 35 approves an earlier date of return, the employee shall give at least 14 days of advance notice of the actual 36 date of return. An employee who has taken a leave of absence only for the actual period of disability 37 relating to pregnancy or childbirth and/or up to 12 weeks of family leave (if eligible) shall return to the 38 same assignment, or a similar position for which she is qualified with at least the same pay and benefits, 39 as she held prior to the maternity leave. 40 41 The employee shall return to her duties following leave due to pregnancy disability on the date approved 42 by the Human Resources Department. If the employee is still experiencing a disability due to pregnancy, 43 miscarriage, abortion, childbirth or recovery which prevents the employee from performing her duties on 44 the scheduled date of return, an additional period of unpaid temporary disability leave of absence, may be 45 approved at the discretion of the Human Resources Department based upon consideration of educational 46 program needs and the recommendation of the employee's personal physician or licensed practitioner. 47 1 Section 7.2.1 Using Family and Medical Leave (FMLA) to Care for a Newborn/Adopted 2 Child 3 All eligible employees may utilize FMLA to care for their newborn or newly adopted child. All 4 the provisions of the FMLA shall be extended to employees with work assignments of four or 5 more hours per day who meet all other FMLA eligibility requirements; provided, however, that 6 individuals replacing employees on FMLA leave will not be eligible for insurance benefits. 7 8 Section 7.3 Parental Leave After Birth, Adoption or Gaining Custody of a Child 9 10 Section 7.3.1 Parental Leave 11 All employees shall be entitled to one day of parental leave with pay immediately after the birth of 12 their child. 13 14 Section 7.3.2 Adoption Leave 15 Any employee may be allowed one day with pay for purposes of gaining custody of an adopted 16 child and/or transacting the legal requirements necessary in the adoption process. Additional 17 adoption leave may be granted under child rearing leave. 18 19 Section 7.3.3 Custody Leave 20 Any employee may be allowed one day with pay for purposes of gaining custody of a minor child 21 through any legal means not listed in the parental or adoption leave sections. 22 23 Section 7.3.4 Child Rearing Leave 24 Any employee who obtains custody of a minor child through birth, adoption, or any other legal 25 means shall be entitled to an unpaid leave of absence for a specified period of time not to exceed 26 one calendar year. The employee must provide written notification to the Human Resources 27 Department and the immediate supervisor at least thirty calendar days prior to going on leave, 28 unless the employee was previously on maternity disability leave. The leave shall be requested for 29 a specific period of time. Extended Leave is not available for child rearing leave. At the 30 conclusion of the leave, the employee shall be reinstated to an equivalent position if one exists, or 31 placed on the re-employment list for twelve (12) months. For child rearing leave of 90 days or 32 less, the employee may be guaranteed his/her prior job at the exclusive option of the District. The 33 District would be free to replace the employee as it sees fit. Early return from leave shall be at the 34 District's discretion. Child rearing leave shall run concurrently with any FMLA leave taken. 35 36 Section 7.4 Leave due to a Family Member’s Illness 37 38 Section 7.4.1 Using Illness, Injury & Emergency Leave (Sick Leave) to Care for an Ill Family 39 Member 40 An employee may use his/her own sick leave to care for his/her child, spouse/partner, parents, 41 parents-in-law, grandparent or adult child with disabilities. The child must have a health condition 42 that requires treatment or supervision. The other family members must have a serious health 43 condition or an emergency condition. 44 45 Section 7.4.2 Using Family and Medical Leave (FMLA) to Care For an Ill Family Member 46 Eligible employees may utilize FMLA leave to care for an ill family member. All the provisions of 47 the Family and Medical Leave Act shall be extended to employees with work assignments of four 1 or more hours per day who meet all other FMLA eligibility requirements; provided, however, that 2 individuals replacing employees on FMLA leave will not be eligible for insurance benefits. 3 4 Section 7.5 Family and Medical Leave Act (FMLA) 5 In accordance with the FMLA, every employee of the District who has worked for the District at least one 6 year and for at least 720 hours in the preceding year is entitled to 12 work weeks of family leave during 7 any 12 month period for the following: 8 9 A. To care for a newborn or adopted child of the employee who is under the age of 18 at the time 10 of placement for adoption, or a newly-placed foster child; or 11 12 B. To care for a spouse, domestic partner, parent or child of the employee who has a serious 13 health condition; or 14 15 C. For a personal health condition if it renders the employee unable to perform his or her job. 16 17 Leave taken for newborn or adopted child care shall be completed within one year after the date of birth or 18 placement for adoption. Family Leave authorized under this policy must be taken full-time and 19 consecutively unless an alternative schedule is approved by the Human Resources Department or where 20 intermittent or reduced leave is medically necessary. 21 22 The District will continue to pay its portion of the employee’s medical and dental benefit during approved 23 FMLA leave. 24 25 A period of family leave is in addition to any sick leave taken due to the employee's temporary disability 26 attributable to pregnancy or childbirth. 27 28 If both parents of a newborn or newly-adopted child are employed by the school district, they shall be 29 entitled to a total of 12 work weeks of family leave during any 12 month period, and leave shall be 30 granted to only one parent at a time. There is no pooling in effect for spouses if the family leave is related 31 to a serious health condition. 32 33 The Human Resources Department may require written verification from the employee's health care 34 provider. 35 36 The District may obtain the opinion of a second health care provider, at District expense, concerning any 37 information pertinent to the employee's leave request. If the opinions of the health care providers differ 38 on any matter determinative of the employee's eligibility for family leave, the two health care providers 39 shall select a third provider, whose opinion, obtained at the employer's expense, shall be conclusive. 40 41 Return to Work. Any employee returning from an authorized family leave within 12 work weeks, shall 42 be entitled to the same position held by the employee when the leave commenced, or to a position with 43 equivalent benefits and pay. 44 45 Reinstatement of an employee returning from family leave need not occur if: a). the specific job is 46 eliminated by a bona fide restructuring, or a reduction-in-force resulting from lack of funds or lack of 47 work, b). an employee on leave takes a position with another employer outside the home, or c). the 48 employee fails to provide the required notice of intent to take leave or fails to return on the established 1 ending date of leave. If an employee fails to return from leave, the District may recover the costs of the 2 employee's health benefits paid during the leave. 3 4 Section 7.6 Leave Sharing 5 An employee is eligible to receive donated leave if: 6 7 A. 1). The employee requesting shared leave suffers from, or has a relative or household member 8 suffering from an extraordinary or severe illness, injury, impairment or physical or mental 9 condition which has caused, or is likely to cause, the employee to: 10 11 a). go on leave-without-pay status; or 12 b). terminate his/her employment 13 14 2). The employee’s absence and the use of shared leave are justified; 15 16 3). The employee has depleted, or will shortly deplete, his/her annual leave and sick leave 17 reserves; 18 19 4). The employee has abided by District rules regarding such leave use; 20 21 B. The employee has been called to service in the uniformed services; 22 23 C. A state of emergency has been declared anywhere within the United States by the 24 Federal or State government, and the employee’s volunteer service has been accepted by either 25 a governmental agency or to a nonprofit organization involved in humanitarian relief in the 26 devastated area; 27 28 D. The employee is a victim of domestic violence, sexual assault, or stalking; and/or 29 30 E. If the employee is later found to be eligible for industrial insurance benefits, the employee 31 agrees to and shall reimburse the school district for the time loss compensation that is paid to 32 him/her to the extent that the employee is paid time loss compensation (temporary total 33 disability compensation or loss of earning power compensation) and shared sick for the same 34 day(s). An employee shall not use shared sick leave or donated leave to supplement the 35 difference between time loss compensation and either net or full wages. If an employee has 36 already received shared sick leave and is later found to be eligible to receive industrial 37 insurance benefits, the remaining difference between shared leave minus the industrial 38 insurance benefit shall be deducted from the employee’s sick leave balance, even if it results in 39 a negative balance. 40 41 The Director of Human Resources shall determine the amount of leave, if any, which a staff member may 42 receive under this policy. Normally a staff member shall not receive more leave than the number of 43 assigned days remaining in the current school year. However, in the event that the condition requiring the 44 employee's absence continues beyond the current school year, the employee shall not receive a total of 45 more than 522 days of shared leave, accept as noted in RCW 41.04.665. 46 47 A staff member who does not accrue annual leave but who has an accrued sick leave balance of more than 48 22 days may request that a specified amount of sick leave be transferred to another staff member 1 authorized to receive such leave. A staff member may request to transfer any number of sick leave days 2 during any school year, and may not request a transfer that would result in an accrued sick leave balance 3 of fewer than 22 days. Sick leave, as defined in RCW 41.04.665, means leaves for illness, injury and 4 emergencies of extraordinary or severe nature. 5 6 The donation of leave is totally voluntary. No employee shall be coerced, threatened, intimidated or 7 financially induced into donating leave. 8 9 The number of leave days transferred shall not exceed the amount authorized by the donating staff 10 member. 11 12 Leave transferred is based upon the current salary rate of the person receiving the leave. The receiving 13 staff member will continue to be paid his/her regular rate while on shared leave. For example, if a staff 14 member earning $15.00 per hour donates one day of leave to someone earning $7.50 per hour, the 15 recipient would get two days of leave. However, if the $7.50 per hour employee donates one day to the 16 $15.00 per hour employee, the higher paid employee would receive one half day of leave. 17 18 Any leave transferred under this policy which remains unused shall be returned to the staff member who 19 donated the leave. 20 21 Employees may request interagency leave sharing in accordance with the law and on a cost neutral basis 22 to the District. Requests shall be made to the Superintendent for consideration on a case by case basis. 23 24 Section 7.7 Bereavement Leave 25 The District and the Association understand the deep impact that death can have on an individual and 26 family. Therefore, the following bereavement leave provisions are available to provide employees time off 27 from work to plan and attend a funeral/memorial service and to deal with immediate family matters 28 surrounding a death. 29 30 1. An employee shall be allowed up to five days of bereavement leave for the death of any 31 relative residing in the employee's household and/or the following family members: spouse, 32 domestic partner, parent, parent-in-law, step parent, child, child-in-law, step-child, sibling, 33 sibling-in-law, grandparent, grandchild, aunt, uncle, niece and nephew. The number of days of 34 leave, not to exceed five per occasion of death shall be allowed according to the circumstances 35 of each case as determined by the Director of Human Resources. Upon request by an 36 employee, bereavement leave for the death of any other close family member as defined by the 37 employee will be granted on a case by case basis and will not be unreasonably withheld. 38 Bereavement leave days need not be used consecutively but shall normally be used within one 39 month following the death, unless the Director of Human Resources has authorized an 40 extended usage period. Bereavement leave days are not cumulative or transferable. No 41 deductions from salaries or sick leave shall be made during these days. Additional emergency 42 leave days from the employee’s sick leave may be utilized upon approval from Human 43 Resources. 44 45 2. An employee who has a death of a student with whom the employee directly works shall be 46 authorized one day of bereavement leave to attend the memorial and/or a funeral service. An 47 employee who has the death of a colleague or a former student may be authorized a half (1/2) 1 day or one full day of bereavement leave by the District to attend the memorial and/or a funeral 2 service. No deduction from the employee’s salary or sick leave shall be made for this day. 3 4 3. For the death of any individual of personal significance to the employee not listed above, the 5 employee may use up to three days of personal leave or emergency leave if the employee does 6 not have available personal leave or has already received approval to use his/her available 7 personal leave, to attend a funeral/memorial service. 8 9 Section 7.8. Leave for Legal Purposes 10 11 Section 7.8.1 Judicial Leave 12 In the event that an employee is summoned and required to serve as a juror, or is named co- 13 defendant with the District, such employee shall receive a normal day's pay for a day of required 14 presence in court. 15 16 Section 7.8.2 Subpoena Leave 17 In the event an employee is to appear as a witness in court, such employee shall receive a normal 18 day's pay for a day of required presence in court to a maximum of two days per school year. 19 20 Section 7.9 Extended Leave (Other than Employee’s Own Illness) 21 Upon approval from Human Resources and the Board of Directors, an employee after a minimum of three 22 years of employment may be granted an extended leave of absence without pay for a period not to exceed 23 one calendar year. Such leaves may be granted for family illness, education or personal reasons 24 necessitating the leave. Leave for child rearing is defined elsewhere in this Article. Extended leave runs 25 concurrently with any FMLA leave taken. 26 27 Section 7.9.1 28 The returning employee will not necessarily be assigned to the identical position occupied before 29 the leave, but will be reinstated to a position equivalent in duties and annual salary to that held at 30 the time the leave of absence began. Such reinstatement is contingent upon the availability of such 31 a position within the first twelve (12) months of the employee’s ability to return to work. 32 33 Section 7.9.2 34 An employee on an extended leave of absence may continue in the District approved insurance 35 plans; provided, the employee reimburses the District prior to the first of each month for the total 36 premium costs. 37 38 Section 7.9.3 39 The employee will retain accrued illness, injury and emergency leave, vested vacation rights, 40 discretionary leave and seniority rights while on extended leave of absence. However, vacation 41 credits, illness, injury and emergency leave, discretionary leave and seniority shall not accrue 42 while the employee is on an unpaid leave of absence. 43 44 Section 7.9.4 Employment While on Leave 45 Leaves are not granted for the purpose of gaining or maintaining other employment. If an 46 employee on leave engages in other employment during his/her regular work hours, he/she will be 47 terminated, provided however, that the District, in its sole discretion, may waive this right for 1 employees on leave who temporarily relocate with their families in an area beyond a reasonable 2 commuting distance from the District. 3 4 Section 7.10 Personal Leave 5 Annually on the first day of school, employees shall be given four days of personal leave to use 6 throughout the year for important compelling personal matters, including family illness not otherwise 7 covered by sick leave. This leave shall not be used for conducting income producing business and shall 8 not be used for a strike against the Puyallup School District. Personal leave shall not be used on the 9 following “blocked” days: The “181st Day”, snow make-up days, or during the first or last five days of 10 school. Part time employees and employees hired after the first day of school shall receive personal leave 11 pro-rated based on their FTE and total work days. An employee may request special consideration from 12 the Director of Human Resources for personal leave to be granted during the blocked days for personally 13 compelling reasons. 14 15 The District shall grant personal leave in the order the requests are received provided the requests are 16 made in compliance with the above conditions. The District will respond to all personal leave requests 17 within five school days. For Paraeducators a maximum of 40 personal leave requests shall be honored per 18 day. For Interpreters, no more than one personal leave request per building and no more than three 19 personal leave requests per classification shall be honored per day. Employees may request personal leave 20 days as early as one year in advance. If an employee does not have the requested number of personal leave 21 days to use at the time the leave is to be taken, the absence days will be denied and leave without pay will 22 not be available. 23 24 A maximum of ten days of personal leave may be accumulated. A maximum of five days, excluding 25 family illness or bereavement days, may be used in any one school year, unless additional use is approved 26 in advance of use by the Director of Human Resources. 27 28 Section 7.11 Religious Observance 29 In accordance with Federal and State law, the District shall reasonably accommodate employees whose 30 religious affiliation mandates religious obligations that prevent them from working by granting unpaid 31 leave. Employees may also use accrued personal leave or emergency leave for such obligations. 32 33 Section 7.12 Leave Exhaustion 34 All leaves of all types applicable must be exhausted before leave without pay will be considered. Leave 35 without pay will be granted solely at the discretion of the employee’s supervisor and the Director of 36 Human Resources to the extent that the law provides. 37

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39 40 Section 7.13 Attendance Incentive Program 41 42 Section 7.13.1 Non-VEBA Conversion 43 Employees may elect an annual conversion of accumulated sick leave and a conversion of sick 44 leave upon retirement, separation from service or death for monetary compensation. The 45 conversion procedures are as follows: 46 1 A. Annual Conversion of Accumulated Sick Leave: Any employee who at the end of the 2 immediately previous calendar year shall have accumulated in excess of 60 days of unused 3 sick leave, may convert unused sick leave earned the previous year in excess of the said 60 4 days to monetary compensation at the rate of 25 percent of the employee's current full-time 5 daily rate of compensation for each full day of eligible sick leave, up to 12 days. Any such 6 election shall be made by written notice to Human Resources during the month of January. 7 Any such annual conversion of accumulated sick leave shall be in accordance with law. 8 9 B. Conversion of Sick Leave Upon Retirement, Separation from Service or Death: Any 10 employee who shall retire, separate from service or die while employed by the District may 11 elect (personally or by a personal representative, as appropriate) to convert accumulated 12 unused sick leave days to monetary compensation at the rate of 25 percent of the 13 employee's full-time daily rate of compensation at the time of retirement, separation from 14 service or death for each full day of eligible sick leave up to a maximum of 180 days. Any 15 such conversion of sick leave upon retirement, separation from service or death shall be in 16 accordance with law, including RCW 28A.400.210 and RCW 28A.400.212. 17 18 Section 7.13.2 VEBA Conversion 19 The Association will annually notify the District of its intent to participate in VEBA III. Any such 20 conversion of sick leave annually or upon retirement, separation from service or death shall be in 21 accordance with the law, including Internal Revenue Code Section 501(c)(9). 22 23 Section 7.14. Domestic Violence Leave 24 Per RCW 49.76, Domestic Violence Leave Law and District Policy, employees may take Domestic Leave. 25 Those interested in obtaining confidential support regarding this leave, should contact the Human 26 Resources office directly. 27 28 ARTICLE VIII 29 VACATIONS 30 31 Section 8.1 Vacation s : 32 Years Completed Vacation Years Completed Vacation Days/Year Days/Year 1 10 8 17 2 11 9 18 3 12 10 19 4 13 11 20 5 14 12 21 6 15 13 22 7 16 14 23 33 34 Employees will not be granted vacation time, but will be paid for accrued vacation time as part of the June 35 warrant following the end of each school year. Employees will be paid a pro-rated allotment of vacation 36 days for each position based on the number of days per year in which the employee was in an active pay 37 status during the school year. 38 1 New employees with a start date prior to February 1 will be awarded one year of vacation credit and will 2 advance to the next vacation payout the following June. Employees with a start date of February 1 and 3 after will not be awarded a year of vacation credit and will remain at the same vacation payout level the 4 following June. 5 6 Employees who end employment with the District and later return to a PESPA position within five (5) 7 school years shall be credited with their prior PESPA experience for the purpose of determining their 8 vacation payout level upon rehire. 9 10 11 ARTICLE IX 12 PROBATIONARY PERIOD, SENIORITY, BIDDING & DISPLACEMENT 13 14 Section 9.1 Seniority 15 The seniority of an employee in the bargaining unit shall be established as of the date on which he/she was 16 hired by the District for a position covered by the bargaining unit (hereinafter "hire date") unless such 17 seniority shall be lost as hereinafter provided. One day of seniority shall accrue for each day in which the 18 employee worked or was in a paid status, except as otherwise provided in this Section. The District shall 19 provide a seniority list to the Association ranking each employee from most to least senior by December 1 20 each school year. The Association will notify the District of any corrections to the seniority list. The 21 District shall provide a final list to the Association by May 1 each year to include all additions, deletions 22 and corrections of personnel for the school year. 23 24 Section 9.1.1 25 The seniority rights of an employee shall be lost for the following reasons: (a) resignation; (b) 26 discharge for any reason; or (c) retirement. 27 28 Section 9.1.2 29 Seniority rights shall not be lost for the following reasons, and shall continue to accrue during the 30 following periods: 31 32 A. Time lost by reason of industrial accident, industrial illness or jury duty; or 33 34 B. Time on leave of absence granted for the purpose of serving in the Armed Forces of the 35 United States; or 36 37 C. Layoff, displacement, or reduction-in-hours for other than disciplinary reasons; or 38 39 D. Time on leave granted under Article VII of this contract, except that for leaves of one 40 year or more, no seniority shall accrue during the leave period. 41 42 E. Regular employees working in temporary positions. 43 44 Section 9.2 New Employee Probationary Period 45 New employees shall be placed in a probationary status for a period of 90 school days, after which further 46 employment shall be on a regular employment status. Notice of such probationary period shall be 47 provided to new employees upon hire. During the probationary period, the District may terminate an 48 employee at its sole discretion. Such termination shall not be subject to the grievance procedure. 1 Employees on probationary status are not eligible to bid on new or open jobs or positions during the 90 2 school day probationary period, unless allowed by mutual agreement of the Association and District. 3 Employees who become regular employees must remain in that position for six months (calendar days). 4 5 Section 9.3 New and/or Vacant Positions 6 Positions of three (3) hours or less per day may be added to qualified employees. When a position of more 7 than three (3) hours per day is open, newly created or vacated in any department, notice of the opening(s) 8 shall be posted on the District website for a minimum of five working days so that interested employees 9 may be reasonably informed of the vacancy. Such position notice shall include job title, location and 10 hours per day. Employees interested in bidding on an open position must apply through the online 11 application system by the closing date. 12 13 Section 9.4 Job Classifications 14 Employees who provide interpreting and tutoring support to students shall be classified as 15 “Interpreter/Tutors” (including Coordinators) and employees who provide accommodation for students or 16 staff shall be classified as “Interpreters.” 17 18 Paraeducators shall be classified based on job title. 19 20 The District and Association shall meet to establish a job re-classification procedure for implementation in 21 the 2017-18 school year. The District and Association shall consider job reclassification requests that 22 occur outside of the agreed upon schedule in Labor Management meetings. 23 24 Section 9.5 Posting, Bidding and Filling Positions 25 The employee meeting the posted job requirements who has the earliest hire date shall have preference 26 regarding promotions and assignments to new or open jobs or positions, when ability and performance are 27 equal. Ability and performance shall be measured by specific criteria, including the following: 28 29 A. Applicable testing and interviews 30 B. Performance evaluations 31 C. Past positions 32 D. Reference checks 33 E. Training and educational background 34 F. Interpreting/tutoring skill, and interpersonal/communication skill for Interpreters 35 36 The District shall have the absolute right to select a Paraeducator already assigned to the building within 37 the appropriate job title in seniority order, or the most senior employee without regard to procedure. 38 39 If the District selects a junior employee, upon request it shall provide in writing to senior applicants the 40 reasons therefore with a copy to the Association President. 41 42 Employees who have been placed on a plan of improvement, and employees with an overall evaluation 43 rating of “unsatisfactory” may not bid on new, open or vacated positions, unless mutually agreed 44 otherwise by the District and Association. 45 46 Section 9.5.1 47 Current bargaining unit applicants will be given full consideration regarding all of their 48 qualifications including their status as displaced employees, if applicable, for a vacant position 1 before the District decides to review the applications of outside candidates or consider hiring an 2 applicant from outside the bargaining unit. 3 4 Section 9.5.2 5 Tests administered to applicants must be related to the essential functions of the job. Tests 6 administered shall be kept on file until the period for filing a grievance has passed. Tests will be 7 kept on file at the office of the Director of Human Resources. 8 9 Section 9.5.3 10 When filling a posted position, the District shall: 11 12 l. Fill the position with a qualified bargaining unit applicant within 20 school days of the 13 closing date; or 14 15 2. Notify the bargaining unit through its next list of postings of the decision to withdraw 16 the position, or put it on hold for an additional 20 school days; or 17 18 3. Re-post the position; or 19 20 4. The interviewing administrator shall notify the bargaining unit applicants that they have 21 not been selected due to lack of qualifications and that the position will be filled with a 22 qualified outside applicant. Upon request, this notification shall be provided in writing 23 to the employee with a copy to the Association President. Notification will be given to 24 the Association President(s) if the District decides not to fill any position vacancy. 25 26 Section 9.5.4 27 A successful bidder for a regular position must remain in that position for at least 90 school days 28 before bidding again. 29 30 Section 9.5.5 31 The District will notify the Association of new hires within 15 school days. 32 33 Section 9.6 Transfers 34 35 Section 9.6.1. Consensual Transfer. At any time, upon agreement between and among the 36 affected administrator(s), one or more employees and the Association, employees may transfer to a 37 different position for one year only, or on a permanent basis for the benefit of the employee, a 38 program, a school, or other District needs. 39 40 Section 9.6.2. Involuntary Transfers 41 Employees may be involuntarily transferred as follows: 42  Employees may be involuntarily transferred from one work location to another due to 43 staffing or student enrollment changes. The District will ask for volunteers to be transferred 44 first. If no employees volunteer, the least senior employee in the job title and location from 45 which the transfer needs to be taken, will be involuntarily transferred. Such employees 46 shall have the right to return to their former building if a vacant position comes open in the 47 same job title and same hours per day from where the employee was involuntarily 48 transferred, until October 10. Employees are responsible for exercising their right of return 1 by notifying the Human Resources office that a position has been posted to which they 2 have a claim to return. 3 4  Employees may be involuntarily transferred due to reasons of performance or staff 5 relations, or when continuation in the assignment could be detrimental to the employee or 6 program. If the performance or staff relations of an employee is the cause of a transfer, the 7 employee shall have been notified of those concerns by his/her immediate supervisor, and 8 shall have been provided a reasonable opportunity to remediate the problem, unless the 9 concerns arose at such time and/or were of such magnitude as to make remediation 10 impractical. 11 12 Prior to implementation of such involuntary transfers above, the District and the Association will 13 meet and discuss the circumstances of, and necessity for, the proposed transfer within ten 14 business/school days or at a mutually agreed upon time. 15 16 An Association Representative may make a request to the District in writing that an employee be 17 transferred. Such written request shall include the reason(s) for the transfer. The District and the 18 Association will meet and discuss the reasons for the request. 19 20 The decision to involuntarily transfer an employee will be at the District’s sole discretion. 21 22 Section 9.7 Extended Learning 23 24 A. Summer School. "Summer School" includes all regular education programs operating 25 during the period after the regular school year and before the beginning of the ensuing 26 school year. In filling summer school positions, the District will utilize the same criteria as 27 applied for extended school year positions, and the pay for regular year employees working 28 in the summer shall be the same rate paid to them the previous school year. "Summer 29 only" employees shall be paid at the substitute rate. 30 31 B. Extended School Year. The extended school year includes all special education programs that 32 continue to operate beyond the conclusion of the regular academic year. The first 33 opportunity for such work will be offered to employees, in seniority order, currently 34 working with students who are recommended for the extended school year. If no such 35 employees are available, the positions will be filled according to the regular bid process. 36 37 C. Extended School Day. The extended school day includes programs that continue to operate 38 beyond the conclusion of the regular academic day. The first opportunity for such work 39 will be offered to employees currently working with students who are recommended for the 40 extended school day. If no such employees are available, the positions will be filled 41 according to the regular bid process. 42 43 44 Section 9.8 Assignment of Extra Hours for Interpreters 45 46 All extra hour interpreting opportunities shall be offered on separate rotations for short and long term 47 assignments: 48 1  Short term assignments shall be defined as assignments expected to be 20 hours or less. These 2 assignments shall be offered first to all employees within the building, by rotation. The rotation 3 shall be carried over from the end of one school year to the next instead of starting over at the 4 beginning of each school year. New employees will be added to the bottom of the rotation list 5 upon hire. If no such employees are available or willing to accept the extra hours, the hours will be 6 offered to all employees, using the District-wide rotation list. If the assigned interpreter cannot 7 make the job they have agreed to do it is their responsibility to find interpreter coverage. 8 9 Long term assignments shall be defined as assignments expected to be more than 20 hours. These 10 assignments shall be offered first to all employees in the building by rotation. If no building employees are 11 available or willing to accept the extra hours, the hours will be offered to all district employees using the 12 district-wide rotation list. The rotation shall be carried over from the end of one school year to the next 13 instead of starting over at the beginning of each school year. If the assigned interpreter cannot fulfill the 14 assignment they have accepted, it is their responsibility to find interpreter coverage. Once an extra hourly 15 assignment has been filled, the employee will be shifted to the bottom of the District rotation list. If the 16 assignment does not end up taking place or the student elects to end their participation in the first two 17 scheduled days of the assignment, the employee will be placed back on the top of the building/district 18 rotation list. Employees who are working in a long term assignment are still eligible to accept short term 19 assignments. Long term assignments may be accepted by one interpreter or shared (the hours are divided 20 as equitably as possible and as mutually agreed upon by the interpreters who accept the assignment). 21 22 Employees can only accept extra hour assignments if the time does not cross their regular work 23 assignment time. 24 25 The District shall retain the right to assign extra hours directly related to a student’s specific content area 26 (tutoring, IEP participant) to the employee(s) working directly with the student in that content area rather 27 than offering the hours by rotation, unless said employee(s) are unavailable or unwilling to accept the 28 assignment. 29 30 If the Interpreter/Tutor Coordinator receives less than 24 hour notice of a request for Interpreter/Tutor or 31 Interpreter extra hour assignments, the Coordinator shall fill the assignments at their discretion, including 32 the use of Freelance Interpreters. When school is not in session, the Interpreter Coordinator shall fill extra 33 assignments at their discretion. 34 35 Section 9.9 Partial Year Paraeducator Positions 36 When a substitute or temporary position is filled by a displaced or regular Paraeducator, that employee 37 shall be paid at his/her regular rate of pay and shall receive any appropriate adjustment in benefits. When 38 additional work is available on an inconsistent, intermittent or indeterminate basis, current Paraeducators 39 shall have first priority for the work with highest priority to those already working with the students to be 40 covered in the extra program, and employees shall be compensated at a rate that reflects an average rate 41 for level two employees plus an amount in lieu of the value of health benefits for those hours. The 42 District shall notify the Association of the supplemented hourly rate annually prior to putting it into effect. 43 44 Section 9.9.1 45 Positions available for class size/workload relief or any other position for the current or remainder 46 of the current school year only will be posted by the District with such a statement of disclosure. 47 48 Section 9.10 Staffing Reductions 1 2 Section 9.10.1 Mid-Year Reductions in Hours 3 When it is determined by the District during the course of the school year that it is necessary for a 4 school(s) to reduce the assigned hours of employees in a particular job title, or because the need 5 for specific support no longer exists, the least senior employee in the job title at the school where 6 the reduction is needed shall have hours cut first. Reductions for Interpreters and Interpreter/Tutor 7 positions will be made on a District-wide basis. 8 9 An employee whose total PESPA hours have been partially reduced mid-year shall be offered 10 available hours (up to the amount they were reduced) at another work site or job title for which 11 they qualify, through the last day of school. If the available hours are temporary in nature, the 12 affected employee shall be eligible to accept the additional hours at the same rate of pay, retain 13 their status as a regular employee and bid on other positions as they become available. 14 15 Section 9.10.2 Displaced Employees 16 Employees whose total PESPA hours have been eliminated for the current or following school 17 year or whose total PESPA hours have been reduced for the current or following school year to the 18 extent that benefits were lost (reduced below four hours) are considered Displaced. Employees 19 may be displaced by the District for reasons of financial necessity (including levy failure or 20 decreased State support), reduced enrollment, or program changes. The District will ask for 21 volunteers within the job title at the location where the displacement is needed. If no employees 22 volunteer to be displaced, the least senior employee in the job title where the displacement is 23 needed shall be displaced. In the event the District decides to displace an employee, he/she will 24 receive prompt written notice, with a copy to the Association President. Displaced employees may 25 bid as internal PESPA applicants on available positions through August 31. 26 27 Rights of Displaced Employees 28 29 Step 1: Displacement Within Same Job Title 30 The displaced employee may replace the most junior employee with the same job title and 31 the same or fewer total annual work hours, if qualified for the junior employee's position. 32 33 Step 2: Displacement Within Same Pay Level 34 If the displaced employee is not qualified to replace a junior employee (per step 1) or there 35 are no other jobs with the same title and same or fewer total annual work hours (per step 1), 36 he/she may replace the most junior employee with the same or fewer total annual work 37 hours to his/hers at the time of the displacement in the same pay level, if qualified. 38 39 Step 3: Displacement to Lower Pay Level 40 If the displaced employee is not qualified to replace a junior employee within the same pay 41 level (per step 2) or there are no other jobs with the same level and same or fewer total 42 annual work hours (per step 2), the employee may replace the most junior employee with 43 the same or fewer total annual work hours at a lower pay level, if qualified, and will be 44 placed on the salary schedule according to their new position. 45 46 Step 4: Displacement to Layoff Status 47 If not qualified (per step 3), or if there are no junior employees with the same or fewer total 48 annual work hours in his/her pay level (per step 3), the displaced employee shall be 1 considered for all new and vacant positions for which they qualify by bidding for such 2 positions along with other employees who bid on positions (and for Paraeducators, 3 placement in positions at the August Paraeducator job fair). Displaced employees who have 4 not obtained a position by August 31 will be placed in the layoff pool. 5 6 Section 9.10.3 Layoff 7 If a displaced employee has not obtained a position by August 31, the employee’s status becomes 8 laid off. Laid off employees will be placed in a layoff pool for a period of two calendar years. 9 Employees in the layoff pool must notify the Human Resources office in writing of their 10 continuing interest and availability every six months to maintain their status in the layoff pool. An 11 employee who does not bid on positions at least once every six months or does not keep the 12 Human Resources office informed of his or her contact information loses his/her layoff pool rights. 13 Employees in the layoff pool may check the District website for position openings, bid on and be 14 selected for open positions pursuant to the provisions pertaining to posting, bidding and filling 15 positions. 16 17 Section 9.10.4 Right of Return 18 Displaced or laid off employees shall have the right to return to their former buildings if a vacant 19 position comes open in the same job title from where the employee was displaced or laid off, until 20 October 10. Employees are responsible for exercising their right of return by notifying the Human 21 Resources office that a position has been posted to which they have a claim to return. If a 22 displaced employee accepts a position different than his/her original position, the employee may 23 have three days to rescind the decision. 24 25 Section 9.12 Job Descriptions 26 The development of job descriptions is the responsibility of the 27 Human Resources Department. When a new job description is written 28 or an existing job description is modified, those job descriptions will 29 be given to the representative of the Association to review. Job 30 descriptions shall be posted on the District website. 31 32 33 ARTICLE X 34 NOTIFICATION 35 36 Section 10.1 37 The District shall notify all employees prior to June 1 (unless an extension is mutually agreed upon) of the 38 District's intent to continue their employment during the coming school year, including hours and 39 location. It will be understood and agreed that such notification will not be a binding commitment of 40 employment on terms stated therein, to location and hours of employment for the start therein, but is a 41 reflection of the best of the District's knowledge as to location and duration of the assignment for the 42 following school year. If the assignment should change prior to the school year, an updated notice will be 43 sent to the employee. 44 45 1 2 Section 10.2 3 Should an employee have assigned hours reduced, or should an employee be transferred to a different 4 position with the same number of assigned hours, the District shall, prior to such action, inform the 5 employee and the Association, in writing, the specific reasons for such change. 6 7 8 ARTICLE XI 9 GRIEVANCE PROCEDURE 10 11 Section 11.1 General 12 The purpose of the following grievance procedure shall be to provide for the orderly and expeditious 13 adjustment of grievances at the earliest possible time. This procedure shall be utilized as a method of 14 solving problems in the interest of educational programs and in the spirit of cooperation among the 15 District and the Association employees. 16 17 Section 11.2 Definitions 18 19 A. A "grievant" shall mean an employee(s) or the Association. 20 21 B. A "grievance" shall mean a claim by a grievant that there exists a violation, 22 misinterpretation or misapplication by the District of a specific provision of the Collective 23 Bargaining Agreement, or any other written agreement between the Association and the 24 District. In the case of a grievance filed by the Association, the Association shall state the 25 specific instance(s) or circumstance(s) which precipitates said grievance. 26 27 C. "Days" shall mean school days starting with the first day of school, and ending with the last 28 day of school and all business days during the remainder of the year. 29 30 D. "Time Limits". If the stipulated time limits are not met by the District, the grievant shall 31 have the right to appeal the grievance to the next step. If the stipulated time limits are not 32 met by the grievant, the grievance is deemed satisfied and may not be appealed further. 33 The parties involved, may, by mutual written or oral agreement, modify any time limits 34 contained in the procedure. The District and the Association shall receive copies of such 35 agreements. 36 37 Section 11.3 Procedure 38 39 The following steps are designed to secure, at the administrative level closest to the grievant, solutions to 40 any grievance which may occur. 41 42 Step 1. The District and the Association acknowledge and the parties involved are advised that it is 43 desirable for an employee and the appropriate administrator to resolve problems through free 44 and informal communications. If an employee chooses to meet informally with his/her 45 supervisor, he/she may have a representative join him/her at any grievance meeting. Every 46 effort shall be made to resolve the grievance at this level. An employee must notify his/her 47 immediate supervisor of a grievance within 30 days of his/her knowledge of a disagreement or 1 violation of the contract, or the incident will be considered invalid and subject to no further 2 processing. 3 4 Step 2. If the grievant is not satisfied with the disposition of the grievance at Step 1, it may be 5 presented as a written grievance, by the grievant and/or their designated association 6 representative, to the appropriate administrator within ten days following the supervisor’s 7 response to the informal meeting. The written grievance shall state the fact(s) upon which it is 8 based, the issue involved, any Agreement provisions allegedly violated, and the relief sought. 9 The appropriate administrator shall arrange for a meeting with the grievant through the 10 designated Association representative within five days after receipt of the written grievance. 11 The date, time and location of the meeting shall be mutually agreeable with all parties. Within 12 ten days after the meeting between the parties involved, the appropriate administrator shall 13 provide the grievant and the Association representative with a written response. Such response 14 shall include the reason(s) for the decision. 15 16 Step 3. If the grievant is not satisfied with the disposition of the grievance at Step 2, the decision may 17 be appealed to the Superintendent or designated representative within ten days of the receipt of 18 the written response. The Superintendent or designated representative shall arrange for a 19 hearing with the grievant through the designated Association representative within five days of 20 receipt of the written appeal. The hearing date, time and location shall be mutually agreeable 21 with all parties. Upon conclusion of the hearing, the Superintendent or designated 22 representative shall, within ten days, provide the grievant and the Association representative 23 with a written response and the Association a copy of said response. Such response shall 24 include the reason(s) for the decision. 25 26 Step 4. Arbitration: 27 28 A. General. Any grievance which pertains to the Collective Bargaining Agreement or 29 other written agreements between the District and the Association may be presented to the 30 Association for submission in binding arbitration if the grievant is not satisfied with the 31 disposition at Step 3. Such request shall be presented in writing to the Association within 32 five days of receipt of the written response at Step 3. If the Association determines that the 33 grievance involves an alleged violation, misinterpretation or misapplication by the District 34 of a specific provision of the Collective Bargaining Agreement or other written 35 agreements, the Association may, by written notice to the Superintendent presented within 36 15 days after receipt of the request at Step 4, submit the grievance to binding arbitration. If 37 any questions arise as to the arbitrability of the grievance, such questions shall first be ruled 38 on by the arbitrator selected to hear the grievance. 39 40 The arbitrator shall be without power or authority to rule on any of the following 41 conditions: 42 43 1. The termination of services or failure to reemploy a new employee during his/her 44 probationary period. 45 46 2. The content of an employee's evaluation or of an administrator's report pursuant to 47 evaluation or probation, except for any procedural requirements which may affect such 48 content. 1 2 B. Procedure. The following procedures shall be followed in processing arbitrable 3 grievances. 4 5 1. Within ten days after written notice of submission to binding arbitration, the District 6 and the Association shall seek agreement upon a mutually acceptable arbitrator who 7 will serve. If the District and the Association are unable to agree upon or get 8 commitment to serve from an arbitrator within the ten day period, a request for a list of 9 arbitrators shall be made by the Association to either the Federal Mediation and 10 Conciliation Service (FMCS) or the American Arbitration Association (AAA). Upon 11 receipt of the list, the parties shall individually strike the names on the list they find 12 unacceptable, number the remaining names in order of preference, and return the list to 13 the selected agency within ten calendar days. The parties involved and the arbitrator 14 shall be bound by the rules and procedures of the selected agency, except as provided 15 below. 16 17 2. Neither party shall be permitted to assert in the arbitration proceedings any evidence 18 which was not submitted to the other party before the completion of Step 3. 19 20 3. The arbitrator selected shall confer with the Superintendent or designated representative 21 and the Association and hold hearings promptly, and shall issue the decision not later 22 than 30 days from the date of the close of the hearings, or if oral hearings have been 23 waived, then from the date the final statements and proofs are submitted. The 24 arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning 25 and conclusions on the issues submitted. The arbitrator shall be without power or 26 authority to make any decisions which require the commission of an act prohibited by 27 law or which is in violation of the terms of written agreement between the Association 28 and the District. The decisions of the arbitrator shall be submitted to the District and 29 the Association and shall be final and binding on both parties. 30 31 4. The cost for the service of the arbitrator, including per diem expenses, if any, travel and 32 subsistence expenses, and cost of any hearing room shall be borne equally by the 33 District and the Association. All other costs shall be paid by the party incurring them 34 except as provided herein. 35 36 Section 11.4 Representation 37 A. The District recognizes the Association as the sole and exclusive grievance representative for 38 all employees represented by the Association. The grievant may, at the grievant's option, 39 request the assignment of an Association Representative during all grievance proceedings. The 40 Association may investigate grievances at any level. 41 42 B. If in the judgment of the Association, a grievance affects a group of employees or the 43 Association, or if the grievance involves more than one supervisor or an administrator above 44 the building level, the grievance may be filed at Step 2 directly with the Assistant 45 Superintendent of Human Resources who will assign the grievance to the appropriate 46 administrator. 47 1 C. The parties involved may include in the proceedings such witnesses as they deem necessary to 2 develop facts relevant to the grievance. 3 4 D. Nothing herein shall be construed as limiting the right of any employee having filed a formal 5 grievance, to have the problems adjusted without the intervention of the Association provided 6 that: 1). the Association shall be notified of the scheduled meetings; 2). the Association shall 7 be permitted to send a representative to scheduled meetings and may offer an opinion pertinent 8 to the grievance; and 3). the Association shall be notified in writing of the disposition of the 9 grievance. Such notification shall include the reason(s) for the decision. 10 11 E. The Association on its own may continue any grievance filed and later dropped by a grievant, 12 provided that the grievance involves the application or interpretation of the Collective 13 Bargaining Agreement, or any other agreement between the Association and the District, and 14 the Association exercises this option within ten days. 15 16 F. Resolution of grievance shall be consistent with agreements between the District and the 17 Association, and the grievance procedure shall not be used for the purpose of creating new 18 agreements between the District and the Association. 19 20 Section 11.5 Supplemental Conditions 21 A. All individuals who might possibly contribute to the acceptable adjustment of a grievance are 22 urged to provide any relevant information that they may have to the grievant or the District at 23 the earliest possible time. 24 25 B. The grievant, District and Association shall cooperate in the investigation of any grievance and 26 shall furnish such information as is required for the processing of any grievance. 27 28 C. No reprisal will follow any involvement in this grievance procedure. 29 30 D. Should the mutually-established meetings related to the investigation or processing of any 31 grievance require that a grievant or an Association representative be released from his/her 32 regular assignment, the release shall be without loss of pay or benefits. Substitute costs shall 33 be borne by the District. 34 35 E. All documents, communications and records dealing with the processing of a grievance shall 36 be filed separately from the personnel files of the participants. 37 38 F. The Association and the District recognize that confidentiality and good faith are key elements 39 to a successful grievance procedure. Accordingly, both pledge themselves to participate in 40 good faith in the execution of this procedure, and to hold all matters pertaining thereto in 41 confidence and to admonish and require all parties involved to limit the number of additional 42 persons knowing of the grievance to those necessary to a successful resolution and/or 43 implementation. 44 45 46 ARTICLE XII 47 INSURANCE 48 1 Section 12.1 Insurance Allocation 2 For all years of this agreement, the District shall allocate the amount identified in the State Appropriations 3 Act (for educational employees) for each full time employee (1440 hours or more) for mandatory term 4 life, dental insurance and optional medical benefits, all jointly approved by the District and the 5 Association. Part-time employees will receive contributions on a prorated basis of 1,440 hours. 6 7 The allocations identified in this article are dependent on the State both authorizing and providing funding 8 to pay such benefit allocation. If the State fails to authorize and fund the District to the full extent of the 9 allocation stated above, the District shall pass through any State funding actually received. 10 11 Section 12.2 Pooling 12 For all years of the agreement, the District shall contribute benefit dollars identified in the State 13 Appropriations Act (for educational employees) minus the retiree carve-out so that all State allocation 14 dollars are expended for the benefit of the pooling bargaining group. Unused benefit allocation dollars 15 from employees working less than 4 hours per day will not be included when determining the pooling 16 benefit for employees working 4 hours per day or more. The District will retain a maximum of 5% of the 17 benefit contributions to cover potential premium increases and attrition during the year. Because the 18 District does not receive adequate State funding for every employee, other general fund dollars are used to 19 supplement the State allocation for benefits to employees. Other general fund dollars would not, however, 20 be used to redistribute any retainage funds left at the end of the fiscal year. 21 22 The benefit dollars shall be first applied to mandatory insurance (term life and dental). All unused benefit 23 dollars from the section above shall be pooled for the benefit of bargaining unit members. Funds shall be 24 distributed equally to all employees with out-of-pocket costs for medical insurance on a dollar for dollar 25 basis until all such funds are fully expended. Part time employees shall receive a prorated allocation of 26 these pooling dollars based on their FTE. Employees may apply District contributions and pooled dollars 27 to insurance coverage for spouses and dependents. 28 29 Section 12.2.1 30 The pooling calculation shall be made once each year no later than December to apply to the 31 earliest pay period practicable thereafter, and for the following 11 months. Benefit amounts 32 published during the open enrollment period shall reflect out-of-pocket costs with zero pooling 33 assistance. 34 35 Section 12.3 Tort Liability Coverage 36 The District shall provide tort liability coverage for all employees subject to this Agreement. 37 38 39 ARTICLE XIII 40 EVALUATION 41 42 Section 13.1 43 Each employee shall be evaluated once each year using the approved form found in schedule B. 44 45 For Paraeducators, an evaluation may be administered by the employee's immediate supervising teacher(s) 46 if there are no performance concerns (cannot be required to do so), or by an administrator who has 47 observed the employee in the performance of his/her duties during the school year. If the evaluation is 1 done by an administrator, the employee’s immediate supervising teacher(s) may provide input so a fair 2 evaluation can be written for the employee. 3 4 For Interpreters, while it is preferred that evaluation be completed by an administrator who has knowledge 5 of interpreting, with input from certificated teaching staff, employees shall be evaluated by: 1). The 6 employee’s immediate supervising teacher(s) if the teacher and employee agree and there are no 7 performance concerns, or 2). A designated administrator who has observed the employee during the 8 school year. Formal observations for the purpose of evaluation shall be scheduled in advance and shall 9 consist of 20 or more minutes. If performance concerns are noted, the employee will receive specific 10 written examples of said concerns and suggestions for improvement in areas of deficiency within 10 work 11 days of the scheduled observation. 12 13 Any concern(s) regarding an employee’s performance must have been discussed with the employee prior 14 to inclusion in the year-end evaluation. Each employee shall be informed of his or her designated 15 evaluator within the first 30 days of the beginning of the current school year, or within 30 days of the hire 16 date for new employees or transfers. Employees shall be evaluated by June 1 each year. 17 18 The evaluator is expected to share with the employee the reasons for any ratings of “improvement needed” 19 or “unsatisfactory” and provide suggestions for how the employee can improve his/her performance. 20 21 If any employee receives an overall rating of “unsatisfactory,” he or she will be provided with written 22 notice of the areas of performance that are unacceptable and the support or training that will be made 23 available by the District. The employee will be re-evaluated within 60 work days. During the 60 day 24 period, the evaluator will meet with the employee at least every 20 work days to review the employee’s 25 progress toward improvement. If the employee is failing to make substantial progress toward 26 improvement, the 20 day reviews shall be provided in writing to the employee and the Association. At the 27 end of the 60 day period the District may issue a new evaluation if the employee has made necessary 28 improvements, or may extend the period prior to re-evaluation for an additional 40 work days if there has 29 not been sufficient improvement in work performance. Failure to obtain a “satisfactory” re-evaluation is 30 grounds for termination. 31 32 Section 13.2 33 An employee who has been in a position 90 work days or more, and has no evaluation on file for that 34 position, shall be evaluated for the time completed. Such evaluation shall be filed in the personnel file. 35 The employee shall be notified and given a second evaluation relating to the “new” position. 36 37 Section 13.3 38 The employee shall acknowledge having read his/her evaluation by affixing his/her signature. The 39 employee shall have the right to respond to any part of the evaluation in writing. This response shall be 40 written on the evaluation form or attached to be kept in the personnel file. 41 42 Section 13.4 43 The content of evaluations is not subject to the grievance procedure except for allegations of violations of 44 the evaluation process used. 45 46 47 ARTICLE XIV 48 COMPENSATION 1 2 Section 14.1 Salaries 3 Salaries for employees subject to this Agreement are contained in Schedule A attached hereto and by this 4 reference incorporated herein. 5 6 Earnings from the start of the contract to the end of the contract are calculated by applying the hourly rate, 7 times hours per day, times days to be worked in the contract. Total is divided by the number of payments 8 to be made during the contract period to arrive at the monthly warrant amount. 9 10 Extra time, overtime, deduct time and adjustments for L & I payments are made one month after 11 occurrence. All leave usage is recorded in this manner. 12 13 When an employee is promoted or goes to a lesser wage, the contract adjustment will be spread out over 14 the remaining months of the fiscal year in equal amounts. 15 16 Employees with educational credits or certifications will be paid additional amounts according to 17 Schedule A of this contract. 18 19 Section 14.2 Increment for New Employees 20 New employees who start working prior to February 1 shall be entitled to an incremental raise for the next 21 year provided the incremental raise is not in conflict with State or Federal law. In computing, the 22 incremental raise shall include any paid leave or holiday pay. However, any employee completing an 23 additional 90 days in a subsequent year shall be deemed to have just one year of experience for 180 days 24 combined. 25 26 Section 14.3 Correction of Pay Errors 27 Following notification to the employee, errors resulting in over or underpayments shall be corrected on the 28 next month’s payroll. If requested by the employee, the Human Resources Department and the employee 29 will work out a repayment agreement prior to any adjustment to the employee’s pay warrant. In the event 30 an employee is notified of an overpayment prior to receiving said payment, the District may elect to 31 deduct the amount of overpayment from the employee’s next pay warrant. 32 33 Section 14.4 Pay Warrants 34 All employees shall be paid through direct bank deposit. New employees shall complete a direct deposit 35 form and submit it to the Payroll department within the first five days of hire. 36 37 Monthly pay reports shall be available electronically to all employees and shall be archived electronically. 38 Every work site shall make available to employees a secure and private location equipped with a computer 39 and printer for the purpose of accessing personal pay information. 40 41 Section 14.5 Mileage 42 Employees working a single position which requires driving between two or more work locations and 43 employees who drive within the course of performing their work responsibilities shall be compensated for 44 mileage between the work locations at the IRS maximum rate. Employees bidding on and accepting two 45 separate assignments shall not be reimbursed for mileage between two separate job sites. 46 47 Section 14.6 New Employee Salary 1 New employees will be employed at the appropriate step of the salary schedule. Prior public school 2 instructional assistant or teaching experiences, or experience directly related to the position, shall count 3 towards steps on the salary schedule. Employees who end employment with the District and later return 4 shall be credited with their prior experience for the purpose of salary placement. 5 6 Section 14.7 Activity Supervision/Coaching 7 Employees asked to supervise student activities, assume stipended positions such as coaching duties or 8 Sixth Grade Camp, serve as in-service trainers, or assume any other supplementary duties before or after 9 the regular shift shall be compensated at the same rate as paid to other persons performing the same work. 10 It is further agreed such duties shall be at the employee's discretion. 11 12 Section 14.7.1 Serving on Committees 13 An employee required to serve on a committee shall be paid at the employee's regular hourly rate. 14 However, overtime provisions will apply if the employee works more than 40 hours per week. 15 16 Section 14.7.2 Attending Staff Meetings 17 Employees are encouraged to attend staff meetings to ensure they are informed of building 18 information and included as a valued member of the building staff. Employees who attend staff 19 meetings shall bank up to nine (9) hours for flex time for their attendance at these meetings, to be 20 taken on any of the following: the student early release day before Thanksgiving, the early student 21 release on the last day of school, or on any other student learning early release day with building 22 principal approval. However, overtime provisions will apply if the employee works more than 40 23 hours per week. 24 25 Section 14.8 Teacher/Paraeducator/Interpreter Roles 26 Paraeducators and Interpreters are school employees who work under the supervision of a 27 certificated/licensed staff member to support and assist in providing instructional and other services to 28 children and youth. The certificated/licensed staff member remains responsible for the overall conduct 29 and management of the classroom or program, including the development of lesson plans, and of the 30 design, implementation and evaluation of the instructional program and student progress. 31 32 Section 14.8.1 Period/Classroom Supervision 33 When given supervisory responsibility for a student or group of students, an accessible 34 certificated/licensed staff member shall be designated to provide assistance, should it be needed. 35 36 Section 14.8.2 Substitute for Teacher 37 In emergencies, when an employee is asked by a building administrator to substitute for a teacher 38 for one classroom period or for one hour or more, the employee will receive the certificated hourly 39 substitute pay in accordance with the PEA contract, if higher than the employee’s regular rate of 40 pay. 41 42 An emergency is understood to mean a sudden condition or state of affairs calling for immediate 43 action or when arrangements for a regular substitute cannot be made, either because of the time 44 factor or the unavailability of a qualified substitute. 45 46 The compensation will commence from the time the employee begins the classroom/period 47 coverage. 48 1 In the situation when more than one Paraeducator or Interpreter is assigned to the 2 classroom/period, the building administrator or designee must designate one employee as the 3 primary substitute who shall receive the PEA substitute rate of pay. 4 5 Section 14.9 Computers and Cell Phones for Interpreter/Tutor Coordinators 6 Employees assigned as Interpreter/Tutor Coordinators shall be assigned a computer. Coordinators shall 7 also be provided with the use of a district cell phone or shall be reimbursed $30 each month for work use 8 of their personal cell phone. Interpreter Tutors and Interpreters shall be reimbursed $30 each month for 9 work use of their personal cell phone. 10 11 Section 14.10 Extra Assignments 12 13 Section 14.10.1 Rates of Pay 14 15 Section 14.10.1.1 Extra Hours Pay 16 Extra assignment work performed by employees outside the standard work day shall be 17 paid at the employee’s regular rate of pay or overtime when appropriate. 18 19 Section 14.10.1.2 ADA Pay for Interpreters 20 Approved extra assignment work performed by Interpreters or Interpreter/Tutors in 21 accordance with the Americans with Disabilities Act (ADA) shall be paid at the rate of 22 $45.00 per hour. In the event the extra ADA hours cause the employee to go into overtime 23 status, the employee shall be paid either one and one half (1 ½) of his/her regular rate of 24 pay, or the ADA rate of pay, whichever rate is higher. 25 26 Section 14.10.1.3 Interpreter Interns 27 The District will seek volunteer employees to work with Interpreter interns. The District 28 will discuss with the volunteer appropriate compensation for this supervision. Qualified 29 volunteers will be accepted in seniority order. 30 31 Section 14.10.2 Cancellation / No-Show Policy for Employees 32 In the event an employee does not receive notice of a cancellation of an extra hour assignment on a 33 regular work day within the first hour of that work day, the employee shall be paid a minimum of 34 two hours or half (½) of the assignment if scheduled for more than four hours and may be given an 35 assignment or work for that time. If the employee declines the extra work, he/she shall not be paid 36 for the cancelled extra hour assignment. 37 38 In the event an employee receives less than 18 hours notice of cancellation of the extra hour 39 assignment, on a non work day, the employee shall be paid a minimum of two hours or half ( ½) of 40 the assignment if scheduled for more than four hours. 41 42 This section shall not apply to student supervision during morning and afternoon transportation. 43 For transportation cancellations, employees will be compensated for actual time worked. 44 45 Section 14.10.3 Return to Work for Employees 46 In the event an employee is called back to work 30 or more minutes past/or before the regular 47 work day, or asked to work on a non-scheduled work day, the employee shall be compensated for 48 a minimum of two hours. 1 2 Section 14.11 Special Assignments for Interpreters 3 Employees who are assigned to work events that extend overnight shall be assigned in teams adequate to 4 provide appropriate rest from interpreting and coverage. 5 6 7 8 9 10 11 ARTICLE XV 12 SCHOOL SAFETY 13 14 Section 15.1 No Tolerance Policy 15 The Puyallup School District and the Association are jointly committed to providing quality education 16 programs in a warm, open, supportive environment which protects the safety and security of all students 17 and staff. Therefore, the parties agree that an optimal climate for staff and students requires a no tolerance 18 policy for weapons, dangerous devices, and assaultive behavior. The parties recognize the increasing 19 incidence of weapons, dangerous devices, and serious assaults in the society in general and in the nation's 20 schools, and recognize that with such serious misbehavior, experience has shown that normal sanctions 21 less severe than expulsion have failed to preserve a safe and orderly educational environment. 22 23 Section 15.2 Prohibition of Weapons / Assaultive Behavior 24 To achieve the above, it is agreed that possession or use of weapons, explosives, firecrackers, illegal 25 knives, or other items capable of producing bodily harm shall be prohibited. Consistent with student due 26 process and other legal requirements, the normal penalty shall be expulsion for possession or use of any 27 weapons or dangerous devices, including but not limited to any weapon listed as a deadly weapon in RCW 28 9A.04.110 or local ordinances. Likewise, when any item is used by the aggressor as a weapon, or which a 29 victim reasonably believes to be a weapon, the same sanctions will apply. Further, it is agreed that the 30 normal penalty is emergency expulsion and other appropriate sanctions for any student who commits a 31 serious assault. Serious assaultive behaviors are defined as either physical assaultive behavior (purposeful 32 assaultive, aggressive behavior, with intent to do serious harm), or verbal assaultive behavior (racial threat 33 or threat to do serious bodily physical harm, either student-to-student or student-to-staff). An emergency 34 expulsion shall continue if the Superintendent or designee has good and sufficient reason to believe the 35 student(s) presence poses an immediate and continuing danger to employee(s), a student, other students or 36 school personnel, or an immediate and continuing threat of substantial disruption of the class, subject, 37 activity or educational process of the student(s) school. In making that determination, the hearing officer 38 shall solicit input from the staff and administration of the building(s) directly affected. 39 40 Any case of assault arising out of an employment related situation on an employee shall be promptly 41 reported to the District. The District shall render assistance to the employee in connection with handling 42 of the incident by law enforcement and judicial authorities. If the employee submits a worker’s 43 compensation claim and the claim is approved, the employee may make a request to the Regional Chief 44 Academic Officer to have the first three absence days of the claim restored, if sick leave was charged for 45 the employee for those three days. This paragraph does not apply to civil litigation instituted by the 46 employee. 47 48 Section 15.3 Assistance and Support 1 The District shall provide prompt assistance and support to employees in connection with student 2 discipline problems. In the maintenance of a sound learning environment, the employee and the District 3 shall expect and work to enforce acceptable behavior on the part of all students who attend schools in the 4 District. Employees shall operate within State law and District policy in maintaining good order and 5 discipline in their work places at all times. On or before September 30 of each school year, each building 6 principal and his/her teaching staff shall meet to develop and/or review building disciplinary standards and 7 uniform enforcement of those standards. Visitor access regulations will be in alignment with District 8 Policy. 9 10 Without revealing specific information regarding criminal histories, medical histories, or specifically 11 protected private information, employees will be notified in an appropriate manner of students who have 12 exhibited serious assaultive behavior at least one school day prior to being asked to work with the student, 13 if such information is known in advance. Employees shall treat all information about the student as 14 confidential. A safety plan, including age appropriate training, shall be developed by appropriate building 15 staff, (which may include the Principal, Counselor, Security, Special Services, etc.) and communicated to 16 all impacted staff within three student days or less. The safety plan shall be implemented as quickly as 17 possible. 18 19 In the event the employee experiences safety concerns in the workplace due to serious assaultive or 20 potentially violent student behavior, the employee shall report said concerns to his/her principal or 21 administrative supervisor, who will act to remediate the concern. Remediation may include removing the 22 student from the classroom until such time as interventions can be implemented. 23 24 All staff who work with potentially violent students will be directed to attend age appropriate training. 25 Staff will attend either during the regular work day or outside the regular work day paid at the regular 26 hourly rate. 27 28 If a student makes a serious unfounded allegation against an employee, the employee may request a meeting 29 with the principal/supervisor to discuss options regarding the student. Further, the authority of employees to 30 use prudent disciplinary measures for the safety and well-being of students and employees as well as the 31 authority to use standard disciplinary measures for each student, except where notification to the contrary has 32 been provided to staff, is supported by the District. In the exercise of authority by an employee to control and 33 maintain order and discipline, the employee may use reasonable and professional judgment, including 34 reasonable and prudent use of physical constraint, to protect from harm being done to a student or to 35 him/herself. 36 37 38 ARTICLE XVI 39 TRAINING AND STAFF DEVELOPMENT 40 41 In the mutual interests of the District and the Association, the District shall cause funds to be available, 42 which may be used by employees for professional development under conditions established in this 43 Article. 44 45 Section 16.1 Professional Development 46 47 1. Employees shall be paid for professional development hours at their regular rate to attend 48 District developed job related in-service opportunities, including all relevant trainings that are 1 offered to certificated staff (unless specific class limitations exist), all training designed to 2 qualify for the State Core Competencies both in and outside of the District, online educational 3 courses relevant to PESPA work, and participation in District professional learning 4 communities (e.g.: grade level team meetings or program regional meetings). Paraeducators 5 shall have access to up to 24 hours, and Interpreters shall have access to up to 16 hours. The 6 District may schedule up to four hours per year of this time as required employee training. If 7 total usage of these training hours did not exceed 7,500 hours in the previous contract year, 8 employees may access up to an additional 12 hours per year. Should employees wish to attend 9 other job-related classes, classes that relate to another position, workshops or training in lieu of 10 this, prior approval by the Director of Human Resources will be required. Interpreters may 11 apply to use their professional development hours for release time to attend professional 12 development activities, if approved by their Special Services Administrator. 13 14 2. Such compensation shall be paid upon proof of attendance submitted to the Director of Human 15 Resources. 16 17 3. Clock hours or credit will be awarded for all clock hour eligible training completed. The 18 District’s form will be used with approval of the Director of Human Resources. 19 20 4. Compensation for training and classes attended shall not preclude the employee from earning 21 clock hours or credits. 22 23 5. Ten clock hours equal one credit for calculating increments in Schedule A, hereto attached. 24 25 Section 16.2 Professional Development for Interpreters 26 Interpreters shall have the opportunity to utilize up to $300 per year (September 1 – August 31) for costs 27 related to job related in-service opportunities outside the regular work day. Such costs shall be 28 preapproved by the Special Services Administrator and paid upon proof of attendance as reimbursement 29 of documented expenses. Reimbursable costs may include registration fees, travel, certification and testing 30 fees, and other items as /mutually agreed by the Interpreters and the Special Services Administrator. 31 32 During the period of June 1 through June 15, funds not already authorized for reimbursement of expenses 33 shall be made available to Interpreters who wish to attend an additional professional development 34 opportunity or for further reimbursement in situations where previously approved professional 35 development fees were more than the Interpreter’s allocation. Funds available during this 15 day window 36 shall be divided equally among the Interpreter requests meeting the above criteria until all funds are 37 expended or all requests for funds are met. 38 39 Section 16.3 Required Training 40 Employees will be compensated for training courses required by the District as a condition of continued 41 employment, at the employee's regular hourly rate of pay for all hours in attendance, plus any fee, tuition, 42 or transportation costs. Such compensation, however, shall not preclude the employee from earning clock 43 hours or credits awarded for such training. The District shall not incur any additional costs for required 44 training when employees allow their training certifications to lapse. Employees may utilize their 45 professional development hours, if necessary, to complete recertification. The District will provide 46 reasonable notice to employees regarding opportunities for training, and the employee’s need to maintain 47 required training. 48 1 Section 16.2.1 First Aid/CPR 2 The District agrees to provide an opportunity at no cost for employees to renew first aid cards 3 twice during each school year, and to accept valid sport medicine certification as an alternative to a 4 first aid card provided such alternative certification contains a CPR component. Employees whose 5 assignment requires First Aid/CPR shall be paid at their regular rate of pay for attending a First 6 Aid/CPR course. 7 8 Section 16.2.2 Transcripts 9 The District shall maintain in an employee's personnel file applicable transcripts and all training 10 documentation submitted by the employee. 11 12 Section 16.2.3 Staff Development 13 The District agrees to establish a staff development program fund 14 annually of $9,500 to be spent as mutually approved. The fee for 15 paraed.com may be paid by the District from these funds. A joint 16 staff development committee represented by an equal number of 17 District and Association members shall meet quarterly to review 18 staff development opportunities and programs, including 19 determining staff development needs from employees and 20 evaluating the effectiveness of previous staff development. 21 22 "Staff Development" shall be defined as programs of a general nature offered as enrichment, to 23 enhance performance in existing positions, attendance at professional conferences, and offerings 24 provided to raise the general level of awareness of subjects important to most Paraeducators 25 regardless of the specific positions held. 26 27 Section 16.2.4 New Technology Training 28 All new employees, transfer employees, and employees issued enhanced or new technology shall 29 be provided appropriate training prior to being evaluated in the performance of a new position or 30 the operation of the equipment. 31 32 33 34 35 36 37 FOR THE DISTRICT FOR THE ASSOCIATION 38 39 40 41 ______42 Amie Brandmire Date Jan Olmstead Date 43 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Schedule A Puyallup School District Hourly Rate Longevity 2016-17 PESPA Salary Schedule *Da ys Level Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 12 years 16 years 9 26.70084 27.50187 28.32692 29.17673 30.05203 30.95359 31.88220 32.28220 32.48220 30 27.30084 28.10187 28.92692 29.77673 30.65203 31.55359 32.48220 32.88220 33.08220 72 27.80084 28.60187 29.42692 30.27673 31.15203 32.05359 32.98220 33.38220 33.58220 AA 28.05084 28.85187 29.67692 30.52673 31.40203 32.30359 33.23220 33.63220 33.83220 BA 28.20084 29.00187 29.82692 30.67673 31.55203 32.45359 33.38220 33.78220 33.98220 8 25.42937 26.19225 26.97802 27.78736 28.62098 29.47961 30.36400 30.76400 30.96400 30 26.02937 26.79225 27.57802 28.38736 29.22098 30.07961 30.96400 31.36400 31.56400 72 26.52937 27.29225 28.07802 28.88736 29.72098 30.57961 31.46400 31.86400 32.06400 AA 26.77937 27.54225 28.32802 29.13736 29.97098 30.82961 31.71400 32.11400 32.31400 BA 26.92937 27.69225 28.47802 29.28736 30.12098 30.97961 31.86400 32.26400 32.46400 Interpreter Tutor Coordinator 1 9 1 7 24.21845 24.94500 25.69335 26.46415 27.25808 28.07582 28.91810 29.31810 29.51810 w/cert 26.03483 26.81588 27.62035 28.44897 29.30243 30.18151 31.08695 31.48695 31.68695 30 24.81845 25.54500 26.29335 27.06415 27.85808 28.67582 29.51810 29.91810 30.11810 30 w/cert 26.67983 27.46088 28.26535 29.09397 29.94743 30.82651 31.73195 32.13195 32.33195 72 25.31845 26.04500 26.79335 27.56415 28.35808 29.17582 30.01810 30.41810 30.61810 72 w/cert 27.21733 27.99838 28.80285 29.63147 30.48493 31.36401 32.26945 32.66945 32.86945 AA 25.56845 26.29500 27.04335 27.81415 28.60808 29.42582 30.26810 30.66810 30.86810 AA w/cert 27.48608 28.26713 29.07160 29.90022 30.75368 31.63276 32.53820 32.93820 33.13820 BA 25.71845 26.44500 27.19335 27.96415 28.75808 29.57582 30.41810 30.81810 31.01810 BA w/cert 27.64733 28.42838 29.23285 30.06147 30.91493 31.79401 32.69945 33.09945 33.29945 Interpreter 1 9 1 6 23.06519 23.75715 24.46986 25.20396 25.96007 26.73888 27.54104 27.94104 28.14104 Interpreter Tutor 1 9 1 w/cert 24.79508 25.53893 26.30510 27.09425 27.90708 28.74429 29.60662 30.00662 30.20662 30 23.66519 24.35715 25.06986 25.80396 26.56007 27.33888 28.14104 28.54104 28.74104 30 w/cert 25.44008 26.18393 26.95010 27.73925 28.55208 29.38929 30.25162 30.65162 30.85162 72 24.16519 24.85715 25.56986 26.30396 27.06007 27.83888 28.64104 29.04104 29.24104 72 w/cert 25.97758 26.72143 27.48760 28.27675 29.08958 29.92679 30.78912 31.18912 31.38912 AA 24.41519 25.10715 25.81986 26.55396 27.31007 28.08888 28.89104 29.29104 29.49104 AA w/cert 26.24633 26.99018 27.75635 28.54550 29.35833 30.19554 31.05787 31.45787 31.65787 BA 24.56519 25.25715 25.96986 26.70396 27.46007 28.23888 29.04104 29.44104 29.64104 BA w/cert 26.40758 27.15143 27.91760 28.70675 29.51958 30.35679 31.21912 31.61912 31.81912 TBD 5 17.49067 18.01539 18.55586 19.11253 19.68591 20.27648 20.88478 21.28478 21.48478 30 18.09067 18.61539 19.15586 19.71253 20.28591 20.87648 21.48478 21.88478 22.08478 72 18.59067 19.11539 19.65586 20.21253 20.78591 21.37648 21.98478 22.38478 22.58478 AA 18.84067 19.36539 19.90586 20.46253 21.03591 21.62648 22.23478 22.63478 22.83478 BA 18.99067 19.51539 20.05586 20.61253 21.18591 21.77648 22.38478 22.78478 22.98478 TBD 4 16.65778 17.15752 17.67224 18.20241 18.74848 19.31094 19.89027 20.29027 20.49027 30 17.25778 17.75752 18.27224 18.80241 19.34848 19.91094 20.49027 20.89027 21.09027 72 17.75778 18.25752 18.77224 19.30241 19.84848 20.41094 20.99027 21.39027 21.59027 AA 18.00778 18.50752 19.02224 19.55241 20.09848 20.66094 21.24027 21.64027 21.84027 BA 18.15778 18.65752 19.17224 19.70241 20.24848 20.81094 21.39027 21.79027 21.99027 ADA Paraeducator - Level 3 1 9 0 3 15.86456 16.34049 16.83071 17.33563 17.85570 18.39137 18.94311 19.34311 19.54311 Health Assistant 1 9 0 30 16.46456 16.94049 17.43071 17.93563 18.45570 18.99137 19.54311 19.94311 20.14311 Special Ed - Advance Paraeducator 1 9 0 72 16.96456 17.44049 17.93071 18.43563 18.95570 19.49137 20.04311 20.44311 20.64311 Special Ed - Developmental Kindergarten Para 1 9 0 AA 17.21456 17.69049 18.18071 18.68563 19.20570 19.74137 20.29311 20.69311 20.89311 Special Ed - Excel Paraeducator 1 9 0 BA 17.36456 17.84049 18.33071 18.83563 19.35570 19.89137 20.44311 20.84311 21.04311 Special Ed - Kite Paraeducator 1 9 0 Special Ed - Preschool Paraeducator 1 9 0 Special Ed - Summit Paraeducator 1 9 0 Special Ed - Support Center Paraeducator 1 9 0 1 Special Ed - WRAP Paraeducator 1 9 0 2 3 4 5 6 ADA Paraeducator - Level 2 1 9 0 2 15.10910 15.56237 16.02925 16.51012 17.00543 17.51559 18.04106 18.44106 18.64106 Alternative Programs Support Paraeducator 1 9 0 30 15.70910 16.16237 16.62925 17.11012 17.60543 18.11559 18.64106 19.04106 19.24106 CTE Paraeducator 1 9 0 72 16.20910 16.66237 17.12925 17.61012 18.10543 18.61559 19.14106 19.54106 19.74106 Elementary Music Paraeducator 1 9 0 AA 16.45910 16.91237 17.37925 17.86012 18.35543 18.86559 19.39106 19.79106 19.99106 ELL Paraeducator 1 9 0 BA 16.60910 17.06237 17.52925 18.01012 18.50543 19.01559 19.54106 19.94106 20.14106 Highly Capable Paraeducator 1 9 0 Intervention Paraeducator 1 9 0 LAP Paraeducator 1 9 0 ` School and Family Support Liaison 1 9 0 Special Ed - Resource Paraeducator 1 9 0 Title I Paraeducator 1 9 0 ADA Paraeducator - Level 1 1 9 0 1 14.38962 14.82131 15.26595 15.72393 16.19564 16.68151 17.18196 17.58196 17.78196 Elementary Overload Paraeducator 1 9 0 30 14.98962 15.42131 15.86595 16.32393 16.79564 17.28151 17.78196 18.18196 18.38196 Library Paraeducator 1 9 0 72 15.48962 15.92131 16.36595 16.82393 17.29564 17.78151 18.28196 18.68196 18.88196 School Support Paraeducator: 1 9 0 AA 15.73962 16.17131 16.61595 17.07393 17.54564 18.03151 18.53196 18.93196 19.13196 Building Duty Paraeducator BA 15.88962 16.32131 16.76595 17.22393 17.69564 18.18151 18.68196 19.08196 19.28196 Walking School Bus Paraeducator Bus/Crossing Guard Duty Paraeducator Playground Paraeducator Credits and Degrees: Increments are not cumulative. • 30 credits or NCLB = $0.60/hour Only the highest level • 72 credits = $1.10/hour achieved will be recognized. • AA Degree = $1.35/hour Degrees must be from • BA Degree = $1.50/hour Accredited Institutions. Longevity: •12 years - $.40 •16 years - $.60 Substitute Interpretors shall be compensated at an hourly rate equal to Level 6, Step 1. Substitute Paraeducators shall be compensated at an hourly rate equal to Level 1, Step 1. Employees shall receive incremental and longevity increases effective on the first working day of each school year unless the State Legislature specifically prohibits increments be paid. Paraeducator Clock Hours and Credits: 10 Clock Hours = 1 Credit Upon hire, previously completed college or university credits or clock hours supported by original transcripts shall apply to new employees, provided the credits apply to education or are related to Paraeducator responsibilities. Credits and clock hours must be received by Human Resources within 60 calendar days of the date of hire to be implemented for that year's salary schedule. New employees will be placed on the Salary Schedule appropriate to their training level at the discretion of the Director of Human Resources. Classes or course work taken by existing employees must be from an accredited organization identified by OSPI, or approved in advance by Human Resources. Clock hours must be earned from an OSPI approved provider, or approved in advance by Human Resources. Classes, clock hours or course work must be related to the employee's assignment. Credits and clock hours must be completed by August 31 and paperwork must be received by Human Resources by September 30 to be implemented for that year's salary schedule. Salary for September and October will be adjusted for documented credits and clock hours. Interpreter Certifications: Interpreters holding the following certifications shall receive 7.5% in addition to their cell (may be compounded with degrees and coordinator stipends): • Educational Interpreter Performance Assessment (EIPA), minimum level 4.0 • National Interpreter Certification (NIC) • Certificated Deaf Interpreter (CDI) • Certificate of Interpretation (CI) • Certificate of Transliteration (CT) • National Association of the Deaf (NAD), minimum level IV Interpreter ADA Extra Hourly Rate (per Section 14.9.1.2): $45/hour The State’s authorized salary increases for 2015-16 and 2016-17 include a portion designated as “temporary,” with an expiration date of August 31, 2017 (for 2015-16, 1.2% is 1 designated as temporary, and for 2016-17, .6% is designated as temporary). 2 3 4 5 6 7 8 1 APPENDIX B 2 3 Puyallup Education Support Professionals Association (PESPA) Evaluation 4 Puyallup School District 5 6 7 Employee’s Name: Work Location:

8 Job Title: 9 10 Evaluation Period: From To 11 12 Evaluation Type: Annual New Hire Other 13 14 15 Exceeds Expectations Meets Expectations Improvement Needed Unsatisfactory

Commitment to Quality Consistently gives best effort. Evaluates work and adjusts, as necessary. Completes work to quality standards. Demonstrates continued professional growth. Appropriately accepts and implements feedback for improvement.

Instruction/Tutoring This section is not applicable to this employee’s assignment. Utilizes a variety of activities so that students grasp the desired outcome. (Technology, manipulatives, sensory devices, etc.) (Comp.#1, #10 &13) Presents learning activities so students understand the purpose of the lesson. (Comp. #9) Uses specific written and verbal comments which reinforce and stimulate desired student learning. (Comp. #9) Gives timely feedback while student work is in progress. (Comp. #1&11) Assesses student work to determine areas that require repetition, emphasis or a different instructional strategy. (Comp. # 3) Provides positive behavioral support and management. (Comp. #6) Presents information in a clear, organized manner using a variety of methods and resources. (Comp. #3, #8, #9, #10) Consults with other instructional staff as needed. (Comp. #5) 1 2 3 PESPA Evaluation Exceeds Expectations Page 2 Meets Expectations Improvement Needed Unsatisfactory

Work Habits and Attitudes Displays initiative, interest, and knowledge in work assignment. Begins and follows through on tasks using time effectively for maximum output and highest quality. Displays ability to adapt as needed. Maintains appropriate records. (Comp. #7) Maintains confidentiality. (Comp. #4) Demonstrates ability to analyze situations, assess problems and make appropriate decisions. (Comp. #8, #10) Displays dependable, consistent work habits; is punctual. Demonstrates high interest, commitment and enjoyment in working with students.

Communication Receives, understands, and interprets information accurately. (Comp.#5) Communicates appropriately with students. (Comp. #8, #11) Communicates appropriately with other staff/work group members. (Comp. #5) Communicates appropriately with parents as directed. (Comp. #5)

Interpersonal Effectiveness Works successfully and positively with others. (Comp. #2) Contributes productively as a member of a work team. (Comp.#2) Plays an appropriate role in the success of the work team’s efforts. (Comp.#2)

Interpreter Effectiveness This section is not applicable to this employee’s assignment Topic usually clear. Appropriate use of directionality, classifiers and sign choices, grammar and language mode. Main message is provided with only a few minor details missed. Letters and numbers are easy to read with appropriate finger spelling. Vocabulary is appropriate for the setting and student. Comfortable with most concepts and is prepared. Lag time is sufficient for the setting and the user. Matches speaker’s emotional State and intensity. Voicing – Matches student(s) most of the time, shows their personality less than interpreter’s. Understands most speakers without excessive clarification 1 2 3 PESPA Evaluation Page 3

4 Exceeds Expectations: Performance exceeds the criteria or standards of performance for practically all aspects of the work. Employee 5 performs even the difficult and complex parts of the job competently and thoroughly, including extra or unique tasks assigned. Results show 6 achievements of extremely high value.

7 Meets Expectations: Performance meets the criteria or standards of performance of the job.

8 Improvement Needed: Performance meets the criteria or standards of performance for some aspects of the work. However, job objectives are 9 often not met and are generally below expectations or are met with only a minimum level of acceptability. Performance improvement is 10 indicated. 11 12 Unsatisfactory: Performance is below the criteria or standards of performance for almost all aspects of the work. Attainment of primary work 13 objectives has not been met. Improvement is mandatory. Retention of employee at this level may not be warranted. 14 15 16 OVERALL RATING: ______Satisfactory ______Unsatisfactory 17 18 SUMMARY COMMENTS: 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 The signature below does not necessarily imply that the employee agrees with the preceding report, only that he or she has seen 9 and discussed it with the evaluator and has been provided a copy. Employee may attach statement.

10 Employee ______Date ______

11 Evaluator ______Date ______12 Employee statement attached: Yes No 13 Administrator Date ______14 15 16 APPENDIX C 17 Washington State Recommended Core Competencies for Pareducators 18 To work in education and related services programs for children and youth with disabilities, Paraeducators will demonstrate: 1. understanding the value of providing instructional and other direct services to all children and youth with disabilities; 2. understanding the roles and responsibilities or certificated/licensed staff and Paraeducators; 3. knowledge of (a) patterns of human development and milestones typically achieved at different ages, and (b) risk factors that may prohibit or impede typical development; 4. ability to practice ethical and professional standards of conduct, including the requirements of confidentiality; 5. ability to communicate with colleagues, follow instructions, and use problem solving and other skills that will enable the Paraeducator to work as an effective member of the instructional team; 6. ability to provide positive behavioral support and management; 7. knowledge of the legal issues related to the education of children and youth with disabilities and their families; 8. awareness of diversity among the children, youth, families and colleagues with whom they work; 9. knowledge and application of the elements of effective instruction to assist teaching and learning as developed by the certificated/licensed staff in a variety of settings; 10. ability to utilize appropriate strategies and techniques to provide instructional support in teaching and learning as developed by the certificated/licensed staff; 11. ability to motivate and assist children and youth; 12. knowledge of and ability to follow health, safety, and emergency procedures of the agency where they are employed; 13. awareness of the ways in which technology can assist teaching and learning; and 14. awareness of personal care and/or health related support. 1 2 3 4 5 6 7 8 9 10 11 12

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