Collective Bargaining Agreement Between Seattle Public Schools and Seattle Education Association Certificated Non-Supervisory Employees
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Collective Bargaining Agreement between Seattle Public Schools and Seattle Education Association Certificated Non-Supervisory Employees 2018-2019 TABLE OF CONTENTS 2018-2019 SPS/SEA COLLECTIVE BARGAINING AGREEMENT PREAMBLE 1 ARTICLE I: PURPOSE, RECOGNITION, AND TERMS OF AGREEMENT 3 SECTION A: Purpose 3 SECTION B: Status of the Agreements 3 SECTION C: Duration 4 SECTION D: Renegotiations 4 SECTION E: Communication Rights & Privileges 6 SECTION F: Contract Waivers 6 SECTION G: Payroll Deductions 7 SECTION H: SEA Security 8 ARTICLE II: PARTNERSHIP FOR CLOSING THE OPPORTUNITY GAP 10 SECTION A: Organizational Structure 10 SECTION B: Decisions Regarding Use of Time for Professional Development & Decision Making 16 SECTION C: Professional Development Steering Committee 17 SECTION D: Professional Growth and Educator Support (PGES) Committee 22 SECTION E: Creative Approach Schools 22 SECTION F: The Assessment Committee 24 ARTICLE III: GENERAL RIGHTS AND RESPONSIBILITIES 26 SECTION A: Administration Responsibility and Authority 26 SECTION B: Nondiscrimination Rights 26 SECTION C: Representation Rights and Due Process 26 SECTION D: Employee Personnel Files 27 SECTION E: Academic Freedom 28 SECTION F: Classroom Control 29 SECTION G: Employee Protection 30 SECTION H: Safety and Security 31 SECTION I: No Reprisal for Disclosing Misdeeds 35 ARTICLE IV: PROVISIONS FOR COMPENSATION AND WORK HOURS 36 SECTION A: Compensation 36 SECTION B: Basic Employment Contracts & Employee Responsibilities 36 SECTION C: Types of Employee Contracts 37 SECTION D: Responsibility and Incentive Supplemental Contract 39 SECTION E: Mandatory Extra Contractual Days 41 SECTION F: Technology Learning Time 42 SECTION G: Supplemental Contracts for Stipended Assignments 42 SECTION H: Salary Schedule Placement 47 SECTION I: Miscellaneous Salary Provisions 51 ARTICLE V: SUBSTITUTES 54 ARTICLE VI: LEAVE RULES, REGULATIONS AND PROCEDURES 59 SECTION A: Short Term Leaves 59 ii Cert CBA 2018-2019 SECTION B: Long Term Uncompensated Leaves 64 SECTION C: Leave for SEA Officers 67 ARTICLE VII: EMPLOYEE BENEFITS & PROTECTION 69 SECTION A: Group Insurance Provisions 69 SECTION B: Liability Coverage and Hold Harmless Provisions 70 SECTION C: Protection of Employees, Students and Property 70 SECTION D: Travel Allowances 72 SECTION E: Transportation of Students 72 SECTION F: Tax Sheltered Annuities 72 SECTION G: Transit Passes 72 ARTICLE VIII: STAFFING–QUALIFICATIONS-BASED HIRING FOR CERTIFICATED 73 NON-SUPERVISORY EMPLOYEES SECTION A: Staffing Decisions 73 SECTION B: Three-Phase Staffing Process 73 SECTION C: Site-Based Hiring Process 75 SECTION D: Hiring Process for Certificated Non-Supervisory Personnel Other Than Teachers 77 SECTION E: Transfer and Mid-Year Transfers 77 SECTION F: Administrative Transfer Procedures 78 SECTION G: Special Staffing Issues at Schools Requiring SPS Intervention 79 SECTION H: Program Movement or Closure 80 SECTION I: Employees Covered Under Section 504 of the Rehabilitation Act of 1973 80 SECTION J: Affirmative Action 80 ARTICLE IX: WORKDAY, WORKLOAD, ASSIGNMENT AND SCHEDULING OF EMPLOYEES 81 SECTION A: Length of Workday 81 SECTION B: Employee Load 83 SECTION C: Preparation-Conference-Planning Time 84 SECTION D: Class-Size & Staffing Ratios 85 SECTION E: Elementary Specialists 87 SECTION F: Special Education Staffing Ratios, Relief and Workload Issues 87 SECTION G: Covering Classes and Substitute Rebate and Reimbursement 96 SECTION H: School Facilities, Teaching Stations & Itinerant Workspace 97 SECTION I: Kindergarten Instruction 98 SECTION J: Bilingual Education 99 SECTION K: School Counselors & Social Workers 100 SECTION L: Educational Staff Associates (Audiologist, OT, PT, Psychologist, SLP) 101 SECTION M: School Libraries 103 SECTION N: World Languages 104 SECTION O: School Nurses 104 SECTION P: Career and Technical Education Chapter Advisors 105 ARTICLE X: GRIEVANCE PROCEDURE 106 SECTION A: Purpose 106 SECTION B: Definitions 106 SECTION C: Initial Grievance Provisions 106 SECTION D: Grievance Procedure 107 iii Cert CBA 2018-2019 SECTION E: Expedited Arbitration 108 SECTION F: Powers of the Arbitrator 108 SECTION G: Expenses of Arbitration 108 SECTION H: Supplemental Conditions 108 ARTICLE XI: EVALUATION 110 SECTION A: Introduction 110 SECTION B: Peer Assistance and Review (PAR) 110 SECTION C: Definitions 112 SECTION D: General Terms & Procedures for Evaluations of Certificated Employees 114 SECTION E: Summative Performance Rating and Student Growth Measures for Classroom Teachers 120 SECTION F: Response to Final Summative Evaluations 123 SECTION G: Certificated Employees Returned to a Comprehensive Evaluation 125 SECTION H: Consulting Teacher Program 125 SECTION I: Standard Process of Probation for Certificated Employees 128 SECTION J: Grievances 129 ARTICLE XII: LAYOFF AND RECALL 130 SECTION A: Conditions Necessary for Layoff 130 SECTION B: Seniority 130 SECTION C: Displacement and Layoff Guidelines 133 SECTION D: Certificated Employee Layoffs 133 SECTION E: Recall from Layoff: Provisions for Reemployment of Laid off Employees 134 SECTION F: Employment Notification 135 SECTION G: Recall from Layoff and Seniority 135 ARTICLE XIII: NO–STRIKE CLAUSE 136 APPENDICES 137 A: Certificated Non-Supervisory Employees Salary Schedule 2018-2019 138 A-2 Substitute Salary Schedule 2018-2019 140 B: Certificated Non-Supervisory Staff Extra-Time Hourly Rates 2018-2019 141 C: Responsibility/Incentive Contract 142 D: Supplemental Contract 143 E: Special & Supplemental Assignments Compensation Schedule 2018- 2019 144 F: School Year Calendar 2018-2019 147 G: Teachers’ Responsibilities 148 H: Danielson’s Framework for Teaching Rubrics 149 I: Washington State Criteria Student Growth Rubrics 156 J: Certificated Teacher Classroom Observation Form 158 K: Comprehensive Evaluation – Danielson – Certificated Classroom Teacher 162 L-1: Professional Growth Support Document 164 L-2: Performance Improvement Plan 167 M-1: Professional Growth Support Document – ESA 172 M-2: Performance Improvement Plan – ESA 174 N: Performance Schedule for Teachers on Provisional Contracts 178 O: Guidelines for Evaluation of Substitute Teachers 179 iv Cert CBA 2018-2019 P: Substitute Evaluation Form 180 Q: Best Practice for Substitute Teachers 181 R: SEA/SPS Contract Waiver Request Form 183 S Certificated Employees Attestation Form to Receive a Maximum of 32 Hours Supplemental Pay for Education Technology Professional Learning 185 T: MOU Regarding Focused Evaluation Scoring for Non-Supervisory Certificated Instructional Staff 188 U: Letter of Agreement: Recess 189 V: Special Education Relief Fund Request Form 190 W: Substitute Incident Report Form 192 X: MOU: American Sign Language Interpreters 193 Y: MOU: Consulting Teacher Evaluations 194 Z: MOU: Joint Dual Language/Immersion Committee 196 AA: MOU: Educational Staff Associate Placement 197 BB: MOU: High Level Strategies 198 CC: MOU: Special Education – Secondary Focus/Service Model 2 199 DD: MOU: Special Education ESA Career Ladder Program and Supports 200 EE: MOU: Final summative evaluation performance ratings for Certs not covered by TPEP 202 FF: MOU: Implementation of the eVAL online evaluation tool for Certs covered by TPEP 204 GG: MOU: Substitute Health Care Insurance 206 v Cert CBA 2018-2019 PREAMBLE COLLECTIVE BARGAINING AGREEMENT between SEATTLE PUBLIC SCHOOLS and SEATTLE EDUCATION ASSOCIATION CERTIFICATED NON-SUPERVISORY EMPLOYEES 2018-2019 PREAMBLE A. We, the Seattle Education Association (SEA) and the Seattle Public Schools (SPS) commit to placing the student in the center of the circle. We will address the need for equity in results, fan hope with real actions, demand the best of students and ourselves, exhibit the humility necessary to seek and welcome the engagement of parents/guardians and community in the education of all the children and the young men and women in our care. Together we believe in our students, our community and ourselves. B. We commit to ensuring that all students are provided the support they require to reach the standards that the parents and guardians, staff, School Board and community establish as reflecting what every student should know and be able to do upon graduating from the Seattle Public Schools. C. We believe there is a correlation between the education of our students and the empowerment of the staff entrusted with the responsibility for their learning. Therefore, this Agreement commits both parties to building a collaborative partnership based on mutual respect and trust that is deeper than the leadership and which will continue beyond the tenure of those currently in leadership positions in our respective organizations. D. We are committed to changing the odds for student success and creating a culture of success. We are focused on closing the achievement gap and creating learning communities that provide academic enrichment programs for all students. We believe that we can do this by creating and supporting a system that has: 1. High expectations of and by students and adults 2. High support from SEA and SPS 3. High success for students and staff 4. High trust in parents/guardians, students and staff 5. High engagement of community and families 6. High degree of openness 7. High personalization to meet the unique needs of both students and staff E. To accomplish this, we need to take the good works and collective wisdom of all those who independently care and act for education. We wish to harness the strengths of each to create an outcome that we cannot create alone. F. The following beliefs