JCBE-JCTA Agreement 2018-2023 Published by: Jefferson County Board of Education 3332 Newburg Road P.O. Box 34020 Louisville, Kentucky 40232-4020 Distributed to Employees by: Jefferson County Teachers Association Watterson City West Building 1941 Bishop Lane, Suite 300 Louisville, Kentucky 40218 Equal Opportunity/Affirmative Action Employer Offering Equal Educational Opportunities 2 TABLE OF CONTENTS Preamble Page 5 Articles 1 Definitions Page 6 2 School Board Authority Page 8 3 Recognition Page 9 4 Association Rights Page 9 5 Employee Rights Page 13 6 Academic Freedom Page 16 7 Student Discipline Page 17 8 Employee Evaluation Page 18 9 Employee Discipline Page 24 10 Personnel Files Page 27 11 Teaching Load and Duty Hours Page 28 12 Class Size Page 32 13 Materials and Facilities Page 36 14 Safety Page 38 15 Assignment Page 38 16 Transfers Page 40 17 Promotions Page 45 18 Layoff/Recall Page 45 19 Inservice/Professional Development Page 47 20 Assistance in Assault/Injury Page 48 21 Summer School/Extended School Services Page 49 22 School Calendar Page 50 23 Team Leaders, Department Heads, and Grade Group Chairpersons Page 52 24 Librarians Page 52 25 Exceptional Child Education Page 52 26 Leaves of Absence Page 53 27 Compensation Schedules Page 61 28 Miscellaneous Page 65 29 Grievance Procedure Page 67 30 Certified Early Childhood Teachers/Early Childhood Instructional Coaches Page 72 31 Job Sharing Page 74 32 Speech & Language Pathologists Page 75 33 Enhanced Support Schools Page 77 34 Negotiation of a Successor Agreement Page 80 35 Printing the Agreement Page 81 36 Savings Clause Page 82 37 Duration Page 82 3 TABLE OF CONTENTS CONTINUED Signature Sheet - - - - - Teams Page 83 Index Page 84 MOA’s - - - - - 4 1 PREAMBLE 2 3 The Jefferson County Board of Education and the Jefferson County Teachers Association 4 do hereby agree that the welfare and success of the children of Jefferson County is 5 paramount and will be promoted by both parties. 6 7 The parties further recognize that diversity is one of Jefferson County Public Schools 8 greatest assets in the education of our students. With that recognition, we renew our 9 commitment to foster a school system that treats each student, parent, and employee 10 with respect, dignity, and sensitivity to their unique needs and culture. 11 12 This Agreement is made and entered into by and between the Board of Education of 13 Jefferson County, Kentucky, hereinafter called the “Employer” and the Jefferson County 14 Teachers Association, hereinafter called the “Association;” the Employer and the 15 Association when jointly referred to are hereinafter called the “Parties.” 16 17 Therefore, the Parties mutually and in good faith agree to the following: 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 5 1 ARTICLE 1 – DEFINITIONS 2 3 As used in this Agreement, the following definitions apply: 4 5 1. Employer means the Board of Education of Jefferson County, Kentucky. 6 7 2. Association means Jefferson County Teachers Association. 8 9 3. Members or Membership means only employees belonging to the Association. 10 11 4. Days when used in this Agreement refer to school calendar days unless 12 otherwise specified. 13 14 5. Worked Days means those days which the employee is on duty. 15 16 6. Certificated Personnel means those persons holding positions for which 17 certificates may be issued except substitutes and superintendents as defined 18 under applicable state laws and who are employed by the Employer. 19 20 7. Employee means any certificated person who is represented by the 21 Association. 22 23 8. Superintendent means the Superintendent of Schools of Jefferson County, 24 Kentucky. 25 26 9. Negotiations means a process and a method that provides for the Employer 27 and the Association to negotiate on matters of mutual concern, to reach 28 agreement on such matters, and to make provisions for resolving disagreement 29 in the event of impasse. 30 31 10. Exceptional Child Education Pupil means a pupil covered under the provisions 32 of IDEA – Individuals with Disabilities Education Act as amended. 33 34 11. Seniority shall be computed from the first compensable day of employment as 35 a regular employee in the Jefferson County Public Schools following last break 36 in service; ties in seniority dates will be broken by the largest sum of the final 37 four digits of the employees’ Social Security numbers. 38 39 12. ARC means the Admissions/Release Committee. 40 41 13. Part-timers means any employee working less than a full duty day. 42 43 14. Vacancy means a position in the bargaining unit approved by the Board but not 44 having a teacher of record. 6 1 15. Teacher of Record means an individual in the bargaining unit who is filling a 2 position with a change form completed by Personnel to verify the same. 3 4 16. Overstaff means a condition where a teacher is involuntarily placed on the 5 transfer list. 6 7 17. Laid Off is a condition in which a teacher’s contract is suspended due to lack 8 of a teaching position. 9 10 18. Restricted Certification is a condition in which a teacher’s certificate is not 11 considered valid for teaching in the Jefferson County Public Schools due to 12 lack of adequate teaching positions in the certification area. The teacher would 13 be laid off in a restricted certification area if it were not for having a second 14 certification that allows a teacher to maintain a position with the Employer. 15 16 19. Least Restrictive Environment is that education setting or program in which the 17 identified child can function most effectively based upon his/her unique needs 18 and capabilities. 19 20 20. Resource Room is a special education class configuration in which a student 21 identified by an ARC may spend up to 50% of the student day. 22 23 21. Special Area Teacher is an elementary art, music, physical education or 24 computer teacher who is assigned to work in different building locations on 25 different days of the week. 26 27 22. Traveling Teacher means a teacher who works at different building locations 28 on the same day of the work week. 29 30 23. Certificated means possessing a certificate issued by the Commonwealth of 31 Kentucky. 32 33 24. School Centers shall mean a building(s) in which teachers are assigned to 34 supervise students. 35 36 25. Home School means where the employees report their time and attendance. 37 38 26. Level 1, 2 and 3 Schools are schools that the District identifies as needing 39 additional support. 40 41 27. Employee Resolution Agreement means an agreement between the Employer, 42 the Association, and one or more employees to resolve disciplinary, 43 assignment, payment or other employment issues involving the identified 44 employee(s), where no grievance has been filed. Such an agreement does not 7 1 require approval of the Board and is not reported to the Board. Although 2 Employee Resolution Agreements, Grievance Resolution Agreements, and 3 Tribunal Resolution Agreements do not require Board approval or reporting to 4 the Board, alterations to job type, employment status, or the like that are 5 included in such agreements may be reported to the Board within normal and 6 customary reports to the Board. 7 8 28. Grievance Resolution Agreement means an agreement between the employer, 9 the Association, and one or more employees to resolve a written grievance, 10 which has been filed pursuant to this collective bargaining agreement. Such 11 an agreement does not require approval of the Board and is not reported to the 12 Board. 13 14 29. Tribunal Resolution Agreement means an agreement between the Employer, 15 the Association, and an employee to resolve a tribunal proceeding under KRS 16 161.790. Such an agreement does not require approval of the Board and is 17 not reported to the Board. 18 19 30. Memorandum of Understanding (“MOU”) means an agreement between the 20 Employer and the Association which resolves (1) the interpretation and 21 application of this collective bargaining agreement; (2) operational, logistical 22 and timing issues; (3) compliance with legislative and regulatory requirements; 23 or (4) other collaborative and cooperative endeavors that the parties want to 24 memorialize. MOUs may temporarily modify or suspend specific contract 25 provisions to address unusual situations that may arise; however, a MOU may 26 not permanently modify this collective bargaining agreement. A MOU may be 27 used instead of a Grievance Resolution Agreement if the resolution will have 28 an impact on a significant number of employees or on Employer operations. 29 All MOUs must be reported to the Board, but MOUs do not require Board 30 approval. 31 32 31. Memorandum of Agreement (“MOA”) means an agreement between the 33 Employer and the Association that (1) alters, amends or modifies the terms of 34 the collective bargaining agreement; (2) by Board policy or by law requires 35 Board action; or (3) the parties agree should be submitted to the Board for 36 approval. MOAs will not become effective except upon approval by the Board. 37 38 39 ARTICLE 2 – SCHOOL BOARD AUTHORITY 40 41 Section A The Board of Education of Jefferson County, Kentucky hereby specifically 42 retains and reserves unto itself, the Superintendent, the Principal/administrator, or 43 designee, and other administrative personnel of the school system all powers, rights, 44 authority, duties and responsibilities, and the exercise thereof, as conferred upon and 8 1 delegated to and vested in them by the Constitutions and the Laws and Regulations of 2 the United States of America and the Commonwealth of Kentucky except as otherwise 3 specifically provided for in this agreement.