2012-2015 MEA Collective Bargaining Agreement

2012-2015

Montesano Education Association

Collective Bargaining Agreement

Collective Bargaining Agreement with the

Montesano Education Association

and

The Montesano School District No. 66

2012-2015 MEA Collective Bargaining Agreement

INDEX PREAMBLE 1 ARTICLE I ADMINISTRATION OF AGREEMENT 1 Section 1 Recognition 1 Section 2 Status of Agreement 1-2 Section 3 Conformity to Law 2 Section 4 Distribution of Agreement 2 Section 5 Association Rights and Responsibilities 2-3 Section 6 Management Rights 3 ARTICLE II BUSINESS 3 Section 1 Dues Deduction 3 Section 2 Other Deductions 4 Section 3 Contract Maintenance 4 Section 4 Seniority List 4 ARTICLE III EMPLOYEE RIGHTS 4 Section 1 Rights of Employees in the Bargaining Unit 4-5 Section 2 Personnel File 5 Section 3 Grievance Procedure 5-8 Section 4 Reduction in Force 8-11 Section 5 Determination of Vacant Positions 11-12 Section 6 Assignment and Transfer 11-12 Section 7 Individual Employee Contract 12 Section 8 Leaves. 12-16 Section 9 Work Year 16-17 Section 10 Calendar 17 Section 11 Building Hours 18 Section 12 Economic Provision 18-21 Section 13 Class Size 21-23 Section 14 Hold Harmless Clause 23 Section 15 Due Process 23 Section 16 Academic Freedom 23-24 ARTICLE IV OTHER TERMS AND CONDITIONS OF EMPLOYMENT 24 Section 1 Student Discipline 24 Section 2 Classroom Visitation 24 Section 3 No Strike/No Lockout 24 Section 4 Workmen's Compensation 25 Section 5 Staff Development/Attendance at Meetings and Conferences 25 Section 6 Evaluation Procedures 25-34 ARTICLE V DURATION 35 APPENDICES AND ADDENDUMS 36-46

1

PREAMBLE 1

This Agreement, entered into this August 1, 2012 by and between the Montesano School District, hereinafter 2

called the "District," and the Montesano Education Association, hereinafter called the "Association." 3

4

ARTICLE I ADMINISTRATION OF AGREEMENT 5

6

Section 1 Recognition 7

Substitute certificated employees who have worked for the district for twenty (20) consecutive teaching days or 8

for thirty (30) cumulative teaching days during any continuous twelve (12) month period, and who remain 9

available to perform certificated substitute work, shall be considered as members of the bargaining unit; 10

however, only the following provisions of this contract shall be applicable to such certificated employees: The 11

provision of Article I, Sections 1, 2, 3, 5, 6; Article III, Sections 1, 10, 11-C & F, 13, 15; Article IV, Sections 1, 2, 12

3, 4; Article V. 13

14

A. The District hereby recognizes the Montesano Education Association as the sole and exclusive 15

representative for all regular full-time and regular part-time nonsupervisory certificated employees and 16

certificated employees on leave by Board action. 17

18

B. Any employee who, for bona fide religious tenets or teaching of a church or religious body of which the 19

employee is a member, or upon genuinely and sincerely help personal religious beliefs, elects the right of non-20

association with the bargaining unit, shall pay an amount equivalent to the dues and fees as would be otherwise 21

required of him/her to a non-religious charity or to another charitable organization mutually agreed upon by the 22

employee and the Association. The employee shall furnish written proof that such payment has been made. Any 23

dispute regarding an employee’s eligibility to make such alternative payments, regarding which charitable 24

organization is to receive such alternative payments, shall be resolved by the Public employment Relations 25

Commission pursuan to Chapter 391-95 WAC 26

27

C. Such representation shall cover all employees above in A; and any questions of unit determination shall 28

be submitted to the Public Employment Relations Commission (PERC). 29

30

D. Such representation shall exclude the Superintendent, business manager, curriculum director, 31

employee relations director, personnel director, student services director, administrative assistant, supervisor of 32

maintenance and operation, principal, assistant principal and/or vice principal, activities director, vocational 33

director, technology coordinator, and confidential employees and supervisors as defined in RCW 41.59. 34

35

E. Unless the context in which they are used clearly require otherwise, words used in this agreement 36

denoting gender shall include both the masculine and feminine and words denoting number shall include both 37

the singular and plural. 38

39

Section 2 Status of the Agreement 40

Any individual contract between the District and an individual employee shall be subject to, and consistent with, 41

the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this 42

2

Agreement, this Agreement, during its duration shall be controlling. 1

2

This Agreement shall supersede any rules, regulations or policies of the District which shall be contrary to, or 3

inconsistent with, its terms. Modification of this Agreement is permitted only by mutual consent in writing. All 4

provisions of this Agreement continue in effect until a successor agreement is negotiated. 5

6

Section 3 Conformity to Law 7

If any provision of this Agreement is found to be contrary to Washington State Law, or the constitution, such 8

provisions shall have effect only to the extent permitted by law, but all provisions of this Agreement shall 9

continue in full force and effect. Any section found contrary to law shall be subject to reopened negotiations in 10

an attempt to negotiate a successor section which is not contrary to law. 11

12

The Montesano Education Association assures the Montesano School District that its labor union will comply 13

with all state and federal guidelines and/or regulations. Therefore, all applicants seeking employment 14

opportunities and all contracts for goods and services will be considered and will not be discriminated against on 15

the basis of race, color, national origin, gender, age, or disability. This is in accordance with Title VI of the 1964 16

Civil Rights Act; Section 504 of the Rehabilitation Act, 1983, as amended; Americans with Disabilities Act, July 17

26, 1990, P.L. 101-336; and Title IX/Chapter 28A.640 RCW of the Education Amendments of 1972, as 18

amended. 19

20

Section 4 Distribution of the Agreement 21

Within twenty-five (25) working days following ratification signing of this Agreement, the District shall send an 22

electronic copy through district email to all certificated staff as well as the district website. All employees new to 23

the District shall be provided an electronic copy of the Agreement by the District upon issuance of their personal 24

service contract. Fifteen (15) additional copies shall be provided to the Association. 25

26

Section 5 Association Rights and Responsibilities 27

A. The Association and its members can use school building facilities for meetings at all reasonable times, 28

provided it does not interrupt normal school operations or assigned duties. Building use shall be arranged 29

through the building principals. Pursuant to RCW 28A.320.510, the District has the right to require a reasonable 30

rental for the use of school district facilities. 31

32

B. The Association will be allowed to use in-district mail service, e-mail and employee mailboxes for the 33

dissemination of announcements and information to the employees of the District. Association correspondence 34

shall include the Association official title and indicate the Association representative issuing the correspondence. 35

36

The Association acknowledges that the equipment and facilities identified in this section are public resources 37

that may be monitored and that Association use of this equipment and facilities does not create an expectation 38

of privacy for their use. No Association use of District facilities or equipment will interfere with the operation of 39

the District’s business or cause additional expense to the District. Association members shall not use the public 40

resources identified in this section for personal purposes (matters which do not relate to official Association or 41

District business). The Association agrees to comply with any other limits placed on the District’s use of the 42

3

resources identified in this section by the District’s provider or by legal authorities. 1

2

C. In response to reasonable requests, either party agrees to make available such public information as may be 3

necessary for collective bargaining, processing grievances or any other transactions mutually agreed upon. 4

Exceptions to information shared will be personnel files, which are confidential, except by permission of the 5

affected employee(s). 6

7

D. The Association can use the District’s equipment when such equipment is not otherwise in use. Use of such 8

equipment shall be granted by the building principal. The Association shall reimburse the District for supplies 9

and materials incident to such use. 10

11

E. The Association can post notices of activities and matters of Association concern on a bulletin board in the 12

faculty lounge in each school building of the District. 13

14

F. Duly authorized representatives of the Association shall be permitted to transact official Association business 15

on school property at all reasonable times, provided it does not interrupt normal school operations or assigned 16

duties. It is the responsibility of the above mentioned Association representative(s), if they are from another 17

building within the District and/or from outside the District to report to the building principal’s office prior to 18

contacting members in individual building. Any mutually agreed upon meetings during the workday between the 19

association and the district will result in no loss of pay. 20

21

G. Throughout this Agreement certain rights and responsibilities are accorded to the Association. These rights 22

and responsibilities are exclusively accorded to the Association as the legal representative for all employees 23

covered under this Agreement. 24

25

Section 6 Management Rights 26

The right to manage the school district and to direct its employees and operations is vested in and retained 27

by the Board, except as this right is expressly limited by this Agreement. 28

29

ARTICLE II BUSINESS 30

31

Section 1 Dues Deductions 32

During the terms of this Agreement, the District agrees to deduct from the wages of each certificated 33

employee a sum certified by the Association as dues once each month, provided that the District has 34

received a written authorization from such employee. The Association agrees to allow the District’s payroll 35

office to provide the application to staff for processing purposes. The District agrees to forward the sum so 36

deducted once each month in accordance with the District’s disbursement procedures. 37

38

The Association will indemnify, defend and hold the District harmless against any claims made against any 39

suit instituted against the District on account of any payroll deductions for the Association. The Association 40

agrees to refund to the District any amounts paid to it in error. 41

42

4

Section 2 Other Deductions 1

The District agrees to deduct from the salary of its certificated employees for: 2

3

A. State employees or state employment retirement systems 4

B. Withholding tax 5

C. FICA/Medicare 6

7

D. HCA will be paid by district not to exceed $65.00 per employee over the course of this agreement 8

The following deductions may be made if authorized by the individual: 9

10

A. Additional withholding tax 11

B. Approved medical plans 12

C. Salary insurance 13

D. Tax sheltered annuities 14

E. Payments to credit unions, banks, and etc. 15

F. UGN 16

G. Electronic Bank Deposit 17

H. Section 125 Flexible Benefit Plan 18

I. Day Care 19

20

Section 3 Contract Maintenance – Administering the Agreement 21

The Association and District bargaining teams will meet on a regular basis to discuss the maintenance of 22

this contract. Meetings shall be scheduled at a mutually agreeable time, but no less than once each month 23

during the school year. Meetings will provide opportunity for ongoing discussion of issues and items of 24

concern. Any changes agreed to in this process will be set for in a Memorandum of Understanding and 25

become a part of this Collective Bargaining Agreement. 26

27

Section 4 Seniority List 28

Each year the District will provide the Association an updated Seniority List by March 15th. Employees will 29

have 10 working days to notify the district of any corrections or discrepancies. The district will respond with 30

a new list within 5 working days. 31

32

33

ARTICLE III EMPLOYEE RIGHTS 34

35

Section 1 Rights of Employees in Bargaining Unit 36

Employees shall have the right to self-organization, to form, join or assist employee organizations to 37

bargain collectively through representatives of their own choosing. 38

39

Neither the employer nor the Association shall unlawfully discriminate against any employee or applicant 40

for employment by reason of race, creed, color, marital status, gender, age, domicile, national origin, sexual 41

orientation or because of their membership or non-membership in employee organizations. 42

5

1

District policy ensures all employees will be in an environment free of sexual, ethnic, and gender 2

harassment, per RCW 28A.640.020 3

4

Section 2 Personnel File 5

Employees shall have the right to review by prior appointment all materials in their personnel file. The 6

superintendent or his/her designee may be present during this review. At the certificated employee’s 7

request, a representative of the Association may accompany the employee in the review of his/her file. 8

9

No part of an employee’s personnel file, except for his/her employment contract or other public documents 10

will be given to anyone without the consent of the employee or a court order. If any documents are to be 11

examined by a third party, the employee shall be present at that time. 12

13

Derogatory information can be entered into the employee’s file under the following conditions only: 14

15

A. The employee will be notified in writing within (2) two working days, that such information has been 16

placed in the file. 17

B. Employees shall have the right to answer and/or refute, in writing, any materials which may be 18

judged by them to be derogatory to their conduct, service, competence, character or personality. 19

C. The written response shall be made part of the employee’s personnel file. 20

D. If a third party request for viewing and/or copying material from an employee’s personnel file is 21

made, the employee shall be notified within one business day (24 hours). 22

E. All negative documents, excluding evaluations, may be expunged after two (2) years, upon 23

employee’s written request. 24

F. If an anonymous letter or information comes to any administrator, it must be brought to the 25

attention of the employee in writing, before any formal action is taken. 26

27

Section 3 Grievance Procedure 28

29

A. Definition 30

A grievance is an alleged misinterpretation of, or violation of, terms and/or provisions of this Agreement. 31

Grievant shall mean an individual, a group of individuals and/or the Association. 32

Nothing contained herein shall be construed as limiting the right of any employee having a complaint to 33

discuss the matter informally with any appropriate members of the administration. 34

35

B. Procedure for Processing Grievances 36

37

1. Immediate Supervisor The grievant and the Association representative or the Association may 38

orally present a grievance to the immediate supervisor. If the grievance is not settled orally, a written 39

statement of grievance shall be presented to the immediate supervisor within twenty (20) working days 40

after the occurrence of the grievance or within twenty (20) working days from the time the grievant or the 41

Association should have reasonably become aware of the occurrence of the events giving rise to the 42

6

grievance, whichever is later. 1

2

The "Statement of Grievance" shall name the grievant(s) involved, the facts giving rise to the grievance, the 3

provision(s) of the Agreement alleged to be violated, and the remedy (specific relief) requested. 4

5

The immediate supervisor, upon receipt of the written grievance shall sign and date the grievance form and 6

shall give a copy of the grievance form to the grievant(s), Association representative, and the 7

Superintendent. The immediate supervisor shall answer the grievance in writing. The immediate 8

supervisor's answer shall include the reasons upon which the decision was based, within five (5) working 9

days of receiving the grievance and shall concurrently send a copy of the grievance, his/her decision, and 10

all supportive evidence to the grievant(s) Association representative and the Superintendent. 11

12

2. Superintendent If no satisfactory settlement is reached at Step 1, the grievance may be 13

appealed to Step 2, Superintendent, or his designated representative, within seven (7) working days of 14

receipt of the decision rendered in Step 1. 15

The Superintendent or his designated representative shall arrange for a grievance meeting with the 16

grievant(s) and/or Association representative and such meeting shall be scheduled within seven (7) 17

working days of the receipt of the Step 2 appeal. The purpose of this meeting shall be to effect a resolution 18

of the grievance. However, if both parties agree, Step 3 may be bypassed and moved to Step 4, Arbitration. 19

The Superintendent or his designated representative shall provide a written decision, incorporating the 20

reasons upon which the decision was based to the grievant(s), Association representative and immediate 21

supervisor within five (5) working days from the conclusion of the meeting. 22

23

24

3. School Board If no satisfactory settlement is reached at Step 2, the Association, within fifteen 25

(15) working days of the receipt of the step 2 decision, may appeal to step 3, School Board. 26

27

The Superintendent or his/her designated representative shall arrange for a grievance meeting with the 28

grievant(s) and/or Association representative and such meeting shall be scheduled within seven (7) 29

working days of the receipt of the step 3 appeal. 30

31

The school board shall provide a written decision, incorporating the reasons upon which the decision was 32

based to the grievant(s), Association representative and immediate supervisor within five (5) working days 33

from the conclusion of the meeting. 34

35

4. Arbitration If no satisfactory settlement is reached at Step 3, the Association, within fifteen (15) 36

working days of the receipt of the Step 3 decision, may appeal the final decision of the employer to the 37

American Arbitration Association for arbitration under voluntary rules. Any grievance arising out of, or 38

relating to, the interpretation or application of the terms and/or provisions of this Agreement may be 39

submitted to arbitration unless specifically and expressly excluded within this article. 40

41

The arbitrator shall hold a hearing within twenty (20) working days of his appointment, or as soon as 42

7

possible. Ten (10) working days notice shall be given to both parties of the time and place of the hearing. 1

The arbitrator will issue his decision within twenty (20) days from the date final written briefs have been 2

submitted or if revised by both parties, twenty (20) days after the completion of the hearing. 3

4

The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning, and 5

conclusions on the issues submitted to him/her. The decision of the arbitrator shall be final and binding 6

upon the employer, the Association and the grievant(s). 7

8

C. Jurisdiction of Arbitrator 9

The arbitrator shall be without power or authority to add to, subtract from or alter any of the terms of this 10

agreement. 11

The arbitrator shall be without power or authority to make any decision which requires the commission of 12

an act prohibited by law. 13

14

The arbitrator shall have no power or authority to rule on any of the following: 15

16

1. The termination of services of or failure to reemploy any provisional employee 17

2. The termination of services or failure to reemploy any employee to a position on the supplemental 18

salary schedule 19

3. Any matter involving employee evaluation, provided that Evaluation Procedure shall be subject to 20

the arbitrator's reviews 21

4. Any matter involving employee probation procedures, discharge, nonrenewal, adverse effect, or 22

reduction in force 23

24

D. Time Limits 25

Time limits provided in this procedure may be extended by mutual agreement when signed by both parties. 26

27

Failure on the part of the employer at any step of this procedure to communicate the decision on a 28

grievance within the specific time limit, shall permit the Association to lodge an appeal at the next step of 29

this procedure. 30

31

Any grievance not advanced by the grievant from one step to the next within the time limits of that step 32

shall be deemed resolved by the employer's answer at the previous step. 33

34

E. Accelerated Grievance Filing 35

In order to expedite grievance adjudication, the parties agree that any Association grievances, class action 36

grievances, and grievances involving the evaluation procedures will be lodged at Step 2 of this procedure. 37

38

Any grievance that has been filed prior to the termination date of this contract may be processed to 39

conclusion even if the contract has expired. 40

41

F. Reprisals 42

8

No reprisal of any kind will be taken by the employer against any employee because of his/her participation 1

in any grievance. 2

3

G. Costs 4

The fees and expenses of the arbitrator shall be shared equally by the parties. All other expenses shall be 5

borne by the party incurring them. 6

7

Section 4 Reduction in Force 8

The term "reduction" as used herein refers to action by the Board reducing the number of certificated 9

employees in the District due to economic reasons and/or decline in enrollment. Reduction of certificated 10

employees with valid contracts shall not be made during the school year. In the event of reduction, the 11

District shall provide written notice by certified mail of nonrenewal to all affected certificated employees 12

on/or before May 15 as required by RCW 28A.405.210. When not possible, the Association shall be 13

notified of anticipated reductions not later than May 15. The District shall ensure that employees are 14

advised of their right to have an Association Representative present at any meeting, which is conducted 15

between the Administration and employee regarding potential RIF or re-assignment. 16

17

a. Reduction in Force Timeline 18

On or before March 15, in the year of a RIF, the District shall tender a list to the Association and each 19

employee, which shows the rank order of existing employees according to seniority, as defined in Section C 20

below. This list shall show existing employment positions within the District and a listing as to positions the 21

existing staff members would qualify. 22

23

Employees will have 10 working days to notify the district of any corrections or discrepancies. The district 24

will respond with a new list within 5 working days. 25

26

The following provisions will apply in the development of said list: 27

28

1. Credits applicable for a placement on the salary schedule must be earned prior to October 1 of the 29

current school year and documented by official transcripts. It will be the responsibility of the individual 30

employee to furnish the District with such documentation on or before November 1. 31

32

2. Part-time employees will have, for retention purposes only, seniority as established by the above 33

section unless they were reduced to half-time employment from previous full-time employment at District's 34

request. Part-time employees will not be eligible for contract conditions other than those held at the time of 35

retention determination. 36

37

3. Each employee will be considered for retention in the position for which he/she is qualified by either 38

certification or endorsement. 39

40

b. Certification/Employment Qualifications 41

The prerequisite for retention will be a valid Washington State certification and endorsement which may be 42

9

required for the position held at the time RIF is adopted. 1

2

c. Seniority Defined 3

Seniority shall be based on total number of years the employee has taught in Washington State. In order to 4

determine the number of years, the District and the Association agree that years of service credit as 5

recognized by the Washington Teachers' Retirement System shall prevail. Seniority includes Washington 6

State teaching service prior to resignation or leave and excludes substitute service. 7

8

Employees have the option of buying back their substitute or out of state time through the Department of 9

Retirement. Employees must notify the district office by November 1 and provide documentation if they 10

have purchased their substitute time for consideration of seniority. 11

12

d. Provisional Seniority Defined 13

Provisional employees, as described in RCW 28A.405.220, shall be considered for retention and district 14

seniority status during the event of a reduction in force. Seniority shall be based on the total number of 15

years taught in Washington State, excluding substitute service, as described above in subsection D. 16

Seniority Defined 17

18

e. Selection for Retention and Recall 19

Certificated employees shall qualify for retention in available positions for which they qualify. In the event 20

that there are more qualified employees than available positions, the following criteria shall be used to 21

determine which employees shall be retained. 22

23

1. Total seniority as defined in Section C as a certificated employee shall be the basis for each 24

position. 25

26

2. Within each, endorsement area, the employee (s) having the greater seniority as defined in Section 27

C shall be retained. 28

29

3. In the event the tie still exists, the employee(s) having the greater seniority in the Montesano 30

School District shall be retained. 31

a. If the tie still exists, the employee(s) having the highest number of college or university 32

credits beyond the BA degree as recorded in the personnel office at the beginning of the 33

current school year shall be retained. 34

35

b. If the tie still exists, the employee(s) having the greatest number of substitute time in 36

Montesano School District shall be retained. 37

38

c. In the event the tie still exists, a final selection shall be made by lot by a disinterested third 39

party. 40

41

4. The District will retain or recall with unique qualifications. The District will retain or recall said 42

10

employee, provided that no employee with more seniority qualifies for said position. 1

2

5. The District shall not partially lay off an employee without mutual agreement from the Association. 3

4

6. The more senior employee will be retained or recalled to fulltime positions before any less than full 5

time positions are offered. 6

7

7. The list of proposed retention and layoff shall be delivered to the Association by May 15 of the year 8

that this procedure is being implemented. The district will post and make available said list for certificated 9

staff to review. 10

11

f. Appeals 12

If an employee believes that he/she should be, qualified for a position, or that another employee has been 13

wrongfully considered for a position, the employee must notify the Superintendent in writing within five (5) 14

working days of the date upon which the Association was tendered the list. Such written notification must 15

allege the facts, which make the employee's seniority or position ranking incorrect according to the criteria 16

contained in certification/endorsement. Failure to make such timely notification shall waive an employee's 17

right to later challenge the inappropriateness of the employee's seniority ranking and position placement. 18

19

The Superintendent shall meet with the individual within five (5) work days and give written response within ten 20

(10) workdays from the appeal. 21

In the event that the appeal to the Superintendent is not resolved, an employee within ten (10) workdays after the 22

Superintendent's response, may request reconsideration of the appeal at the next regular Board meeting. The 23

Board shall act on any appeal(s) and render a decision within five (5) work days after meeting. 24

25

g . Employment Pool 26

All certificated employees who are not recommended for retention in accordance with these procedures shall be 27

terminated from employment and placed in an employment pool for possible reemployment for a period of up to 28

two (2) years. Employment pool personnel shall be offered the open positions within the categories or specialties 29

for which they are qualified. If more than one (1) such employee is qualified for an open position, the criteria shall 30

be applied as in Section G. In case of recall, the most senior shall be hired first, within the individual employment 31

categories and specialties. 32

33

It shall be the responsibility of each certificated employee placed in the employment pool to notify the 34

superintendent or his designee in writing by May 1 of the following year, if such employee wishes to remain in the 35

employment pool. If such notification is not received, the name of any such certificated employee shall be dropped 36

from the employment pool. 37

38

When a vacancy occurs for which a person(s) in the employment pool qualify, notification from the District to such 39

individual shall be by certified mail or by personal delivery. The association will also be notified. Such individual 40

shall have seven (7) calendar days from receipt of the letter to accept the position. If an individual fails to accept 41

more than one (1) position offered, such individual shall be dropped from the employment pool. 42

11

Employees who were previously assigned to full-time teaching positions shall be recalled to full-time teaching 1

positions, provided such employees shall have the option of accepting or rejecting any part-time teaching position 2

that may exist without jeopardizing his/her recall status for any full-time position which may become available. 3

4

Employees who were previously assigned to part-time teaching positions shall be recalled for part-time teaching 5

positions, provided no part-time employee with less seniority shall be recalled to any part-time teaching position 6

unless such a position is declined by all employees (full- and part-time) with greater seniority. 7

8

When a certificated employee is recalled, he/she shall be granted the years of experience, days of 9

accumulated sick leave and seniority which he/she had at the time of the reduction. In addition, if during the 10

period of reduction, a laid-off certificated employee increased his/her educational training, then upon recall, 11

he/she shall have the additional training credited to him/her and such additional training shall be used to 12

calculate his/her position on the salary schedule. 13

14

While in the employment pool, a certificated employee may, at his/her option, be continued in any 15

insurance program(s) of the District, provided he/she reimburses the cost of the program to the District in 16

advance by the first of each month. 17

18

Certificated employees whose names are in the employment pool shall be given, upon request, preferred 19

consideration in the District's day-to-day employment of substitutes. 20

21

Section 5 Determination of Vacant Positions 22

The District shall attempt to determine, as accurately as possible, as of May 1, the total number of 23

certificated staff known to be leaving the District for reasons of retirement, family transfer, normal 24

resignation, leaves, discharge, or nonrenewal, etc. and these vacancies shall be taken into consideration in 25

determining the number of available certificated positions for the following year. 26

27

All positions shall be posted for five (5) working days in designated areas. Current employees will be given 28

first consideration for any vacancies or new positions. Interested employees are required to inform the 29

district of their interest in letter form. The district will make every effort to inform employees during the 30

summer. 31

32

If two employees are equally qualified for the position, the more senior employee will be given the position. If the 33

district determines that a more junior person is better qualified to be of service in a particular position due to 34

instructional requirements and the best interest of the school system and its pupils, the senior person who is denied 35

the position will be given the reason for denial in writing. 36

Section 6 Assignment and Transfer 37

38

Grade, subject and activities assignments shall be made by the District, taking into consideration the employee's 39

professional training, experience, specific achievements, and service to the District. 40

41

All employees will be subject to involuntary transfer, providing they are qualified to fill the position and provided the 42

12

district has asked for voluntary transfers first and has posted the position. When employees are equally qualified for 1

a position, the least senior person will be involuntarily transferred. If the district determines that a more junior person 2

is better qualified to be of service in a particular position due to instructional requirements and the best interest of the 3

school system and/or its pupils, the senior person who is transferred over the junior person will be given the reason 4

for the transfer in writing. A copy of the letter will be forwarded to the Association. Any person who is involuntarily 5

transferred will not have to accept another involuntary transfer for a period of two (2) years. 6

7

When it becomes necessary to involuntarily transfer an employee, that person shall be given three (3) weeks prior 8

notice and reasons for the transfer. The employee may request training related to the new assignment with 9

supervisor approval. The cost of registration will be paid for by the district. 10

11

Employees shall be notified in writing of their individual assignments once the determination of assignments has 12

been made. Such notification will include position, building, grade level or class or subject and other pertinent facts 13

concerning the assignment. The District agrees to post in designated areas, a list of new vacancies known to the 14

District which will occur for the following school year. Employees will be permitted to apply for any new vacancies. 15

16

Compensation for Building/Room Transfers 17

The District will grant four (4) days pay, at $200.00 per day, to teaching staff who are transferred to a new teaching 18

assignment in a different building. This will allow them to have paid time to prepare for their new classroom and 19

curriculum needs. Elementary teaching staff who are reassigned to teach a different grade and/or are relocated to a 20

different room, in the same building, will be granted up to three (3) days pay at $200.00 per day. During school 21

construction, staff required to move to a different building, will be paid three (3) days per move. Secondary teachers 22

who are relocated to a different room will receive up to three (3) days pay, at $200.00 per day, based on need. 23

24

Section 7 Individual Employee Contracts 25

The District shall provide each certificated employee a contract in conformity with the laws of the State of 26

Washington and regulations of the state board of education. Two (2) copies of the individual employee contract shall 27

be given to the employee each year for signature. Both copies shall be returned to the District to be signed by the 28

duly authorized representative of the District. One (1) copy shall be placed in the individual employee's personnel 29

file, and one (1) copy shall be returned to the employee 30

31

Section 8 Leaves 32

33

Illness, Injury or Disability Leave 34

At the beginning of each school year, each employee shall be credited with an advanced sick leave allowance of 35

twelve (12) days with full pay to be used for absence caused by illness, injury or other disability. Each employee's 36

portion of unused sick leave allowance shall accumulate from year to year as provided by Washington State Law. 37

Sick leave is defined to cover: Illness or injury of the employee or member of household, serious injury of a member 38

of the immediate family not included above. 39

Consistent with Washington Family Care Act (RCW 40.12.265) and notwithstanding any other provision of this 40

agreement, an employee may utilize earned sick leave to care for: a child of the employee with the health condition 41

that requires treatment or supervision; or a spouse, parent, parent-in-law, or grandparent of the employee who has a 42

13

serious health condition or an emergency condition. 1

2

Every employee holding a regular part-time position shall accrue such leave with pay in proportion to the number of 3

days worked as it relates to the contracted school year. 4

5

Compensated leave may be applied to absence caused by illness, injury or disability of an employee. Compensated 6

leave may be used for medical, dental, or ocular appointments when absence during working hours for this purpose 7

is authorized forty-eight (48) hours in advance by the appropriate supervisor. In any instance involving use of a 8

fraction of a day's sick leave, the minimum charge to the employee's sick leave account shall be one (1) hour. 9

After five (5) consecutive work days, the employee will be required to furnish a certificate issued by a 10

licensed physician or other satisfactory evidence of illness to the principal. When an employee will be absent from 11

work, due to illness, he shall give notice to the principal, or the person designated by the Superintendent to receive 12

such notice not later than 7:00 a.m. of the first day of the illness. If the absence may be for consecutive days, the 13

District should be notified of the probable date of return. 14

15

An employee who is unable to perform his/her duties because of personal illness or other disability, may upon 16

request, be granted a leave of absence without pay at the exhaustion of sick leave. Leave under these conditions 17

may be renewed annually. Application for leave and application for renewal of a leave of absence for such shall be 18

made in writing to the Superintendent. An employee who has been granted leave may return to service during the 19

period of the leave after giving fifteen (15) days written notice to the Superintendent and with written permission of 20

his personal physician to his/her original or similar position for up to two year leave allowance. 21

22

Family Leave 23

The district agrees to comply with the provisions of the State and Federal Laws; Family Medical Leave Act (FMLA), 24

Washington State Family and Medical Leave Act: and will grant leaves to qualifying certificated staff for qualifying 25

events according to the law as now or hereafter amended, provided a written verification from the employee’s 26

health care provider verifying the leave request is received and notification for leave requirements have been met 27

according to law and board policy. 28

29

Maternity/Paternity/Adoption Leave 30

As soon as any employee teacher becomes aware of her pregnancy, it would be appropriate for the employee to 31

inform her principal of her condition so that he/she may make plans for possible alternate staffing. Maternity leave 32

includes paternity/adoption leave. 33

34

The employee may apply to the Superintendent for maternity/paternity/adoption leave to take effect on a date upon 35

which he/she will be unable to carry out his/her teaching assignment. A physician's recommendation will be the 36

determining factor in deciding the last day of work . The date that the employee returns from 37

maternity/paternity/adoption leave to his/her same, or similar, position will be determined in the same fashion. 38

39

Disability relating to pregnancy, miscarriage or delivery will be recognized as paid sick leave with proper certification 40

from the attending physician. 41

The superintendent may require written verification from the employee’s health care provider. 42

14

The district may obtain the opinion of a second health care provider, at district expense, concerning any information 1

pertinent to the employee’s leave request. If the opinions of the health care providers differ on any matter 2

determinative of the employee’s eligibility for family leave, the two health care providers shall select a third provider, 3

whose opinion, obtained at the employer’s expense, shall be conclusive. 4

5

An employee returning from an authorized family leave, shall be entitled to the same position held by the employee 6

when the leave commenced, or to a position with equivalent benefits and pay. 7

8

Reinstatement of an employee returning from family leave need not occur if: a) the specific job is eliminated by a 9

bona fide restructuring, or a reduction-in-force resulting from lack of funds or lack of work, b) a employee on family 10

leave takes a position with another employer outside the home, or c) the employee fails to provide the required 11

notice of intent to take family leave or fails to return on the established ending date of leave. If an employee fails to 12

return from family leave, the district may recover the costs of the employee’s health benefits paid during the leave. 13

Instructional staff may be required to delay their return from family leave to the beginning of the next semester 14

under the following circumstances: 15

16

The employee began leave five or more weeks before the end of the semester, the leave is for more than three 17

weeks, and the employee would otherwise return to work within three weeks of the end of the semester. 18

19

The employee began family leave (except for a personal health condition) less than five weeks before the end of 20

the semester, the leave is for more than two weeks, and the employee would otherwise return to work within two 21

weeks of the end of the semester. 22

23

The employee began family leave (except for a personal health condition) three or fewer weeks before the end of 24

the semester and the period of leave is more than five working days. 25

26

Bereavement Leave 27

Employees will be granted a leave with pay of not more than five (5) working days per occurrence, when the 28

absence is occasioned by the death of father, mother, child, grandchildren, brother, sister, spouse, domestic partner 29

or dependent relative residing in the household of the employee of the District. Three (3) days paid leave per 30

occurrence, will be allowed for parent of spouse, grandparents, sister or brother-in-law. It is agreed between the 31

parties that bereavement leave is non-cumulative and is not deducted from accumulated sick leave. 32

33

Three days leave for the death of other family members or close friends may be deducted from sick leave. 34

35

Under circumstances where the actual memorial or burial service is held at a later date, an employee may request 36

bereavement leave be delayed. 37

At an employee’s request, a bereavement leave without pay, not to exceed ten (10) working days, will be granted 38

after the leave with pay has been taken. 39

40

Emergency Leave 41

Emergency leave shall be granted in case of illness, accident or death of a family member or close friend of the 42

employee. Emergencies not covered here-in-above, may be granted by the Superintendent for matters of a 43

15

personal emergency nature that cannot be done outside school hours. The situation shall be one that is 1

unavoidable and not mere convenience. Emergency leave shall be deducted from the employee's sick leave. 2

3

"Emergency leave" shall be administered in the following fashion: one to three(1-3) days by the Superintendent; a 4

period exceeding three(3) days by the Board of Directors. 5

6

Personal Leave 7

Each regular, full-time employee is granted personal leave subject to the following: 8

9

1. Two (2) new personal leave days will be given per year. 10

2. Personal leave will not be deducted from sick leave. 11

3. Personal leave is accumulative to no more than four (4) days which may be used in one (1) school year. 12

4. Upon accumulating more than two (2) personal days, the employee will automatically be paid at $200.00 13

per day, at the end of the school year. Partial days will be prorated. This also applies to retirees and 14

employees resigning. 15

5. Personal leave cannot be used to extend holidays and/or three-day weekends, without prior approval of the 16

superintendent. 17

6. The District will limit, on a first come/first serve basis, three elementary and three secondary personal leave 18

requests per day. 19

20

Jury Duty and Subpoena 21

Leave of absence may be authorized for jury duty and subpoena. Subpoena leave will only be granted within the 22

scope of your assignment. 23

24

Professional Meetings and Conferences 25

Leave for purposes relating to the professional growth of employees may be granted upon written application to the 26

Superintendent. Expenses may be allowed in conjunction with this leave upon the District's receiving appropriate 27

receipts. For Master Grant Monies; see Article IV Section 5. 28

29

Other Leaves 30

A. Leave of absence of up to one (1) year without pay may be granted employees by the board for the 31

purpose of study, travel, recuperation, child care, working in a professionally related field, Association 32

or Association related business. Upon return from leave, the employee may be placed in the position 33

last held or in a position he or she is qualified to teach. Upon request by the employee, such leave may 34

be renewed for up to one (1) additional year. 35

36

B. School Board sick leave attendance incentive policy in effect as of May 15, 1984 shall remain in 37

effect for all employee members of the bargaining unit during the term of this agreement as per 38

WAC 392-136-015 through 085. 39

40

C. Unused sick leave will accumulate from year to year to the legal limit. 41

42

D. The School Board Leave Sharing Policy in effect as of March 19, 1991, shall remain in effect for all 43

16

employee members of the bargaining unit during the term of this agreement. At the time of separation 1

from District employment due to retirement or death, an eligible employee or the employees estate shall 2

receive remuneration at a rate equal to one day’s current monetary compensation of the employee for 3

each four full days accrued leave for illness or injury. Provided, that an employee shall be entitled to all 4

the benefits conferred by this section as the effective date of this act. Employees new to the District will 5

be credited with their sick leave balance from any other Washington State School District. 6

7

Association Release Time 8

Up to eight (8) days total leave shall be allowed for the Association President(s), or his/her alternate, for 9

Association business. Additional days or leaves may be granted at the Superintendent's discretion. 10

Notification of leave shall be presented by the Association President(s) in writing to the Superintendent at 11

least one (1) week before the leave is to take effect. The Association shall reimburse the District at the 12

current substitute rate. 13

14

Section 9 Work Year 15

Each employee shall be given a contract for the base number of school days established by the legislature. 16

If the state changes the number of base contract days, the annual base contract will reflect only that 17

number of days as established by legislative funding. If the State legislature should add Learning 18

Improvement Days(s) LID to established school days, those days will be included into this agreement. 19

Employees will be responsible for obtaining building/program administrator approval prior to taking an in-20

service, that will qualify as a LID day. 21

22

Responsibility Days: 23

In addition to the (LID) days, if established by the legislature, each certificated employee will be 24

compensated for professional work that is beyond their normal contracted day to be known as responsibility 25

days. Employees will receive, 2 ½ responsibility days of pay at per diem. One additional responsibility day 26

will granted from proceeds of the current Maintenance and Operations Levy. 27

28

The employee will be issued a supplemental contract for adhering to professional activities, which are 29

directly related to their instructional assignment in an effort to enhance student academic achievement, 30

beyond the scope of responsibilities outlined in this contract. These responsibility duties may include and 31

are not limited to curriculum development, parent communication, non-stipend extra-curricular activities, 32

professional development, open house, and meetings that are beyond the normal work hours. 33

34

District Directed Professional Development: 35

Two and a ½ (2.5) District directed professional development days will be granted from proceeds of the 36

current Maintenance and Operations Levy at the curriculum rate. 37

At the beginning of each year certificated employees will receive one classroom prep day at curriculum rate 38

and if scheduled, certificated employees will be compensated at the curriculum rate for a ½ day district and 39

building orientation meeting. 40

41

New employees will be paid one extra day for orientation/curriculum purposes at curriculum rates above 42

regular contract agreement. 43

17

At the end of each quarter, a half-day (1/2) will be set aside in the school calendar in order for certificated 1

staff to prepare for student report cards. 2

3

Special Education Certificated Staff will receive two additional days for record keeping/program planning at 4

curriculum rate. Special Education Certificated Staff will submit a completed Supplemental Time Record 5

Form to the Student Services Director for compensation for record keeping/program planning by June 1. 6

7

Per Diem Defined: daily rate based upon current salary placement on the on the WA State LEAP 8

Schedule. 9

10

Curriculum Rate Defined: daily rate of $210.00 for 6 or more hours worked. Hourly rate of $30.00 for less 11

than 6 hours worked. 12

13

Table below describes certificated staff additional days 14

Description Number of Days Rate of Pay Contingencies LID Days State Directed Per Diem Per State Funding Responsibility Days 2 ½ Per Diem Per CBA Additional Responsibility Day

1 Per Diem Levy Funding

District Directed Day(s) 2 1/2 Curriculum Levy Funding Orientation Day ½ day Curriculum Per CBA Class Room Prep Day 1 Curriculum Per CBA New Certificated Staff 1 Curriculum Per CBA Special Education Staff 2 Curriculum Per CBA 15

Section 10 Calendar 16

MONTESANO SCHOOL DISTRICT NO. 66 and the MONTESANO EDUCATION ASSOCIATION agree 17

that the school calendar is a mandatory subject of collective bargaining pursuant to RCW 41.59.020(2). The 18

school calendar involves the number of teaching days, in-service days, vacation periods, and length of the 19

school year. The opening day of school is not subject to collective bargaining. As to the opening day of 20

school, the school district shall give notice to the Association of the proposed opening date and a 21

reasonable opportunity to present to the Board of Directors of the School District the Association's view as 22

to the date that school should open prior to the adoption of the opening day of school by the Board of 23

Directors of the School District. “MEA will make every effort to collaborate with employees outside this 24

bargaining group to develop the school calendar.” 25

26

A. District will provide a copy of the current school year calendar and pay schedule for 27

certificated staff. 28

29

Section 11 Building Hours 30

Regular hours for employees shall be seven and one-half (7 ½) hours beginning at 7:50 a.m. and ending at 31

3:20 p.m. and shall include a minimum of thirty (30) continuous minutes of duty-free lunch. 32

During late start schedule, due to inclement weather, employees should arrive at school as soon as they 33

18

safely can, or at least thirty (30) minutes prior to the start of the regular schedule. 1

2

The District shall make every effort to average the number of subject area preparations at the desirable 3

level of three (3) per full time 7-12 employee. Educational employees shall also be entitled to one planning 4

period per day to be used for, i.e., lesson planning, paper corrections, and student/parent conferencing. 5

6

Classroom employees at the K-6 level will have no less than forty (40) continuous minutes per day of 7

instructional planning time. This time excludes before and after school, lunch-time and one (1) fifteen (15) 8

minute recess on the opposite half of the day from the forty (40) minute planning period. An additional 9

recess may be granted at/by the principal’s discretion. 10

11

Each employee who loses one (1) preparation period to cover another employees' class, approved by the 12

administrator, will be compensated at a rate of $30.00 and reimbursed monthly. 13

14

Employees shall attend staff meetings outside of buildings when required by the Superintendent or 15

building/program administrator. Employees shall adhere to their assigned daily schedule. 16

17

Employees (with the exception of emergencies and conferences) will not be required to attend more than 18

two (2) staff meetings per month, which would extend the workday beyond seven and one-half (7 ½) hours. 19

20

The time before and after school shall be unassigned time by the District, except for staff meetings as 21

needed. The remainder of the unassigned time shall be utilized by certificated employees for preparation 22

time. The District will attempt to limit staff meetings to sixty (60) minutes. 23

24

Early Release Days: 25

Staff shall have the option of leaving fifteen (15) minutes after students are released on the early release 26

days of Thanksgiving break, Christmas break, and the last day of school, if scheduled, in the current school 27

calendar. This equals nine (9) hours of compensation time. 28

29

Special Provision – Early Release Day for 2012-2013 and 2013-2014 school years. 30

Staff shall have the option of leaving early on one of the early release training days as established in the 31

school calendar. 32

33

Section 12 Economic Provisions 34

35

A. Salary Schedule: All employees shall be appropriately placed on the Washington State LEAP 36

salary schedule according to their experience (total number of years taught under an individual written 37

contract) and education as recognized by Washington State Law. All employees shall verify their salary 38

placement annually, and shall immediately report any discrepancy to their building principal and the 39

Superintendent. Horizontal movement on the salary schedule beyond the standard certificate shall be 40

controlled by the following: 41

42

1. Classes submitted for salary schedule credit shall be either in the employee’s major or minor teaching or 43

19

college areas. 1

2

2. Classes not within an employee’s major or minor teaching or college area shall require prior approval by 3

the Superintendent or his designee. 4

5

3. The District shall accept all clock hour and inservice credits that meet State Board of Education approval 6

standards for clock hour and inservice credit. The credits shallcount for advancement on the District Salary 7

Schedule. Ten (10) clock hours of inservice shall be equal to one quarter university credit and shall be 8

recognized for District salary schedule placement. 9

10

4. It is the responsibility of the individual employee to ensure that all subsequent courses taken after 11

September 1, 1995 will meet the state criteria from WAC 392-121-262. Credits earned by 12

October 1 shall be considered for advancement on the salary schedule. All employees who have earned 13

credits for advancement on the salary schedule shall submit an official college transcript or approved clock 14

hour from per OSPI and the State Board of Education by November 1. 15

16

5. Employees hired after the commencement of the school year will have 30 calendar days to submit 17

their official transcripts or clock hour forms for placement on the current years state salary schedule. 18

19

6. Experience Verification: 20

Employees will have 30 calendar days from date of hire to submit their verification of previous employment 21

for placement on the current year’s state salary schedule. 22

23

B. Payment 24

1. Employees shall be paid in twelve (12) monthly installments on the last business day of the month. 25

26

2. All compensation owed to an employee, who is leaving the District shall, upon request, be paid within the 27

next payroll period. 28

29

C. Notification Incentives for Retiring Staff 30

In an effort to better plan for the upcoming year, the District will provide incentive pay for retiring staff that 31

give prior written notice. Employees giving notice by the last day in January will receive $500 and by the 32

last day in February $300. Payment will be in the employee’s final paycheck from the District. 33

34

D. Travel 35

Employees authorized to use their private automobile to travel on school business shall be reimbursed for 36

mileage at the current IRS rate. All employees who, by nature of their assignment, must use their private 37

automobile to travel between schools, or are required to make home visits, shall also be reimbursed for 38

mileage at the current IRS rate. 39

40

E. Economic Provisions 41

1. Base salary will be based on the current Washington State LEAP Schedule allotment. 42

2. Experience and Education Increments shall be paid to those employees who have earned additional 43

20

credits and/or experience for advancement on the state LEAP salary schedule effective September 1. 1

3. If the State Legislature changes the Leap Document A, the parties will meet to negotiate the effect of 2

such change. 3

4. The co-curricular salary schedule (Appendix C) shall be adjusted annually to reflect the current salary for 4

extra-curricular programs. 5

5. The District will support teachers who pursue National Board Certification by providing two substitute 6

release days once they have completed the initial process. 7

8

F. Extracurricular Salary and Related Provisions 9

1. Additional compensation will be granted to certificated employees employed on extracurricular and 10

extended contracts for duties relating to activities designated by the Board of Directors. 11

12

Employment for extracurricular activities shall be on supplementary contract. 13

The supplementary contract is not a continuing contract. The assignment may or may not be renewed for 14

the subsequent year. If an assignment is not renewed for the subsequent year, the affected employee is 15

entitled to meet with the Board of Directors provided that the employee requests such meeting in writing 16

within twenty (20) calendar days of notice of non-renewal. The employee may be accompanied by an 17

Association representative if the Board has a twenty-four (24) hour prior notification that a representative 18

will be present. If the meeting is open, it may be by mutual consent. 19

20

The extended contract will be offered at any time prior to the beginning of the extracurricular activity. 21

22

Employment for extracurricular activities is the responsibility of the Superintendent who shall issue the 23

supplementary contract. Recommendations for the position may be presented by the building principal and 24

the district director of athletics and activities. 25

26

The teaching contract status of a certificated employee shall not be affected by performance of the 27

extracurricular employment. 28

Only experience in a specific co-curricular activity area will constitute placement on the experience 29

steps. 30

31

Out-of-district experience will be calculated when a written verification is supplied by the employee from the 32

previous school district indicating his/her experience. 33

34

g. Pay For Regular Part-time Substitute Employees 35

Regular part-time substitute employees who continue to be employed by the District after twenty (20) 36

consecutive days or more in the same assignment shall be paid one/one-hundred eightieth (1/180) of base 37

salary of the certificated salary schedule for each day employed beginning with the twenty-first (21st) 38

consecutive day in the same assignment. No other provision of this Agreement shall be applicable to 39

regular, part-time substitute employees unless specified in Article I, Section 1. 40

41

h. Insurance 42

1. Each full-time equivalent employee shall be eligible for current health care contribution per month for 43

21

payments of premiums of District approved insurance programs. Part-time employees shall be entitled up 1

to a pro rata share of the current health care contribution. Each full-time equivalent employee shall be 2

eligible for the maximum allocation set by law. 3

4

2. Enrollment in vision, dental and long term disability insurance programs is mandatory for all employees. 5

Long term disability will be paid by the district not to exceed $16.00 per employee over the course of this 6

agreement. 7

8

3. Enrollment in insurance programs will be consistent with insurance carrier rules and regulations. 9

10

4. HCA will be paid by the District not to exceed $67.00 per employee over the course of this agreement. 11

12

5. Upon an annual affirmative vote by the bargaining unit, MEA members with an excess of one hundred 13

and eighty (180) days may contribute to a VEBA III annual sick leave buyout. A retirement VEBA III plan is 14

also available to retiring employees. 15

16

Section 13 Class Size 17

18

New Class Size Language: 19

Section 13 Class Size 20

A claimed class size irregularity may occur when student classroom enrollment exceeds the following 21

number of students for a minimum of ten (10) school days: 22

23

A. 1. K-2 23 24

2. 3-4 25 25

3. 5-6 27 26

4. 7-12 32 students in a period (except Band and P.E) 27

5. Band classes over 40 = 1 full time aide 28

6. P.E. 36 29

When a class size irregularity occurs, a Class Size Committee (CSC) will convene. The function of the 30

CSC shall be to review and make recommendations on class size irregularity called to its attention by the 31

administration, by a member of the certificated staff, or by the Association. Special classroom 32

circumstances, other than class size, may also warrant a review by the CSC. 33

34

2. The CSC will consist of the Superintendent, the Building Principal, the Business Manager, the 35

Association President, and up to three representatives of the Association’s choice. 36 37

3. The Association President will contact the Superintendent to set up a CSC meeting. 38

39

4. Due to normal enrollment fluctuations and school start up scheduling, class size irregularity need not be 40

resolved prior to the end of the third calendar week of the current school year. However, compensated 41

resolutions will be retroactive to the start of the school year provided student enrollment meets the ten 42

(10) day enrollment requirement. 43

44

22

5. Resolutions: The Superintendent’s recommendation may include: 1

1. Transferring students; or to, 2

2. Hire additional employees. 3

4

6. If numbers 1 or 2 above are not appropriate relief, the teacher can choose one of the following options: 5

6

Primary Teachers (K-6): 7

An employee stipend of $50.00 per month for every student over the maximum provided the 8

student enrollment meets the minimum ten (10) day student enrollment requirement. 9

Secondary Teachers (7-12): 10

An employee stipend of $25.00 per student over the class size limit per period, per month, provided 11

the student enrollment meets the minimum ten (10) day student enrollment requirement. 12

13

Compensation Defined: a payroll change form must be approved and submitted to the payroll department 14

monthly by the established payroll deadline. 15

A. Class Size and Special Education 16

Special Education Committee 17

Each site will develop a process, including a committee composed of special education and general 18

education employees, to address the challenges faced at their site. Each site will continue to implement 19

solutions and options for a continuum of services for students. Each site will continue to implement 20

effective collaboration between special education and general education. 21

22

Assistance for staff working with students with special needs 23

When a special education staff member, principal, and/or administrator determine that a 24 workload has exceeded the ability to implement an appropriate program then the Special 25

Education Committee may be asked to facilitate an appropriate solution. 26

27

Role of Special Education Committee in Facilitating an appropriate solution 28

When asked, the Special Education Committee will review the workload of a special education staff 29

member and make suggestions for: 30

• Program modification; 31

• Program management; and/or 32

• Program supports. 33

The purpose of this process shall be to provide a forum for dialogue, and opportunity to assist in the 34

development of recommendations, and a place for resolution of concerns. The Special Education 35

Committee agree to explore the following concepts and strategies to assist special education workloads: 36

• Flexible solutions (one solution won’t fit all situations); 37

• Individual, building, and district program impact; 38

• Available resources. 39

23

Section 14 Hold Harmless Clause 1

A. The Montesano School District agrees that as required by RCW 28A.320.060 of Washington, 2

including amendments thereto, all coverage afforded under the present liability insurance up to the limits of 3

the policy in effect as of September 1, 1977, shall be maintained. 4

B. Legal counsel shall be provided, through insurance, to any certificated employee against whom a 5

lawsuit is initiated, provided such certificated employee, at the time of the act or omission complained of, 6

was acting within the scope of his/her employment or under the direction of the District. 7

8

The District shall reimburse certificated employees for replacement of any personal 9

property damaged, destroyed, or stolen which is used in the course of his/her employment and was 10

provided at the request of the District, or which the employee brought to be used in the course of 11

employment after obtaining prior written approval of the building administrator. 12

13

Section 15 Due Process 14

Certificated employees shall not be formally disciplined except for fair and reasonable just cause. The 15

specific grounds forming the basis for disciplinary action shall be shared with the employee and his/her 16

representative in writing if requested by the employee. 17

18

It is agreed that all disciplinary matters pursuant to this article shall be subject to the grievance procedure 19

contained in this Agreement. When an Employee has grave concern during a meeting with the Employer or its 20

representatives that matters are being discussed which may adversely affect the Employee’s contractual status, 21

the Employee shall be able to postpone further discussion, if he/she so desires, until an Association 22

representative can be brought in. The Employer will make every effort in advance to schedule such sessions to 23

allow adequate time and Association representation. 24

25

The district will advise employee of their right to union representation when disciplinary action is anticipated. 26

27

The employer may elect to suspend an employee with pay during the course of a just cause investigation. All 28

unfounded charges and related documents will be destroyed within thirty (30) calendar days after the close of 29

the investigation. 30

31

Section 16 Academic Freedom 32

The district believes that controversial issues are a part of the District instructional program when related to 33

subject matter in a given grade level or specific curricular field. Employees will use professional judgment in 34

determining the appropriateness of the issue to the curriculum and the maturity of students. Questionable 35

matters shall be referred to the principal for decision. 36

In the presentation of all controversial issues, every effort will be made to effect a balance of biases, divergent 37

points of view, and opportunity for exploration by the students into all sides of the issue. 38

39

In discussing controversial issues, the employee will encourage students to express their own views, assuring 40

that it be done in a manner that gives due respect to one another's rights and opinions. When discussing 41

controversial issues, the employee will respect positions other than his own. Students will be encouraged, after 42

class discussions and independent inquiry, to reach their own conclusion regarding controversial issues. 43

24

1

ARTICLE IV OTHER TERMS AND CONDITIONS OF EMPLOYMENT 2

3

Section 1 Student Discipline 4

In the maintenance of a sound learning environment, the District shall expect acceptable behavior on the part of 5

all students who attend schools in the District. Discipline shall be enforced fairly and consistently as identified in 6

the Common School Manual specific to Chapters RCW 28A.600.020 and 28A.600.460. The Board, 7

Superintendent and Building and/or Program Administrator (s) shall support and uphold employees in their 8

efforts to maintain discipline regarding discipline problems, provided the employees have followed established 9

District policy. There will be an annual review of all procedures within the first month of each school year. 10

11

The following Washington Administrative Code is applicable: 12

WAC 180-44-020 Responsibilities Related to Discipline, Suspension or Expulsion of Pupils. The employee may 13

use reasonable and professional judgment concerning matters not provided for by specific policies adopted by 14

the Board and not inconsistent with federal or state laws or regulations. 15

16

A. Employees shall maintain good order and discipline in their classrooms at all times, and any neglect of 17

this requirement shall constitute sufficient cause for dismissal. Montesano School District does not 18

condone corporal punishment. 19

20

B. In cases of misconduct or insubordination, when the employee deems it necessary, he/she may 21

recommend to the principal a pupil's suspension or expulsion from school. When action to suspend or expel 22

is taken, appropriate notice shall immediately be sent to the parents or guardians of the pupil. 23

24

Section 2 Classroom Visitation 25

A. All visitors to a school and/or classroom shall obtain the approval of the principal, and if the visit is to a 26

classroom, the time will be arranged after the principal has conferred with the employee. 27

28

B. The District will attempt to afford an opportunity for the employee to confer with the classroom visitor 29

before and/or after the visitation. 30

31

C. All unannounced visitors shall be reported to the principal's office. 32

33

Section 3 No Strike/No Lockout 34

The District and the Association agree that during the term of this contract, the Association will not strike, 35

nor shall the District lock out its employees. 36

37

Section 4 Workman's Compensation 38

The District agrees to insure all employees under RCW, Chapter 51, the Washington State Industrial 39

Insurance Act (Workman's Compensation). 40

41

Section 5 Staff Development/Attendance at Meetings/Conferences 42

The District will provide, not less than $400.00 per employee covered by this contract. The intent of the 43

25

Staff Development Grant is for the professional growth of an educator in pursuit of academic excellence 1

resulting in the direct impact on his/her teaching assignment. These funds may be used to attend 2

conferences, workshops or for stipends for approved curriculum projects. Employees will apply for Staff 3

Development Grants by following the procedures below. The MEA Executive Board will screen the grants 4

and will keep a record of grant recipients and the money allocated on a proportionate building-by-building 5

basis. The grants must be approved by the building/program administrator, MEA Executive Board, and 6

Superintendent. Grant application approval is contingent upon approval of all parties. 7

Application Procedures 8

9

1. A Staff Development Grant (MCM) can be obtained from the school office. 10

11

2. The Staff Development Grant (MCM) should be completely filled out, including documentation of 12

the proposed workshop or curriculum project. 13

14

3. The grant is then to be given to the building/program administrator for review and approval. 15

16

4. The administrator will return the grant form to the grant applicant after review. 17

18

5. The Staff Development Grant (MCM) is then turned in to the building representative or an MEA 19

officer. 20

21

6. Applications shall be reviewed weekly by an MEA Executive Board Designee. 22

23

7. Then the grant will be sent to the Superintendent for approval. 24

25

8. The MEA Executive Board will receive monthly reports by said designee for accountability and 26

accounting. 27

28

9. Individual recipients are responsible for making arrangements for registration, and any needed 29

requisitions and purchase orders. 30

31

10. The district is not accountable for the MEA procedures. 32

33

Section 6 Evaluation Procedures 34

The School Board members, administrators and certificated staff of the Montesano School District are 35

committed to the continuation of the District's strong educational program. An effective evaluation program 36

that focuses on the improvement of instruction is a key component of this instructional program. 37

While the primary focus of evaluation is to improve instruction, employee evaluation requires employees to 38

satisfactorily meet the criteria as established by statute and contract. The District and the certificated staff 39

believe that the best way to meet legal requirements, while at the same time focusing on improvement of 40

instruction, is to establish a system which contains a professional growth option. 41

42

The evaluation process, whether it is the summative evaluation or the professional growth option, must be 43

26

continuous and constructive and take place in an atmosphere of trust and respect. The process is a 1

cooperative effort on the part of the evaluator and the employees. It is designed to encourage productive 2

dialogue among staff and between staff and supervisors and to promote professional growth and 3

development. 4

This system will work because Montesano School District employees recognize their responsibility for their 5

own professional growth and the need to expand their knowledge and effectiveness. This system will work 6

because administrators take seriously their role as instructional leaders and are dedicated to the growth of 7

the staff. Excellence is not only a good idea, it's a good commitment. 8

9

A. Responsibility for Evaluation Within each school, the principal shall be properly trained and 10

responsible for the evaluation of employees assigned to that school. An employee assigned to 11

more than one (1) school shall be evaluated by the principal of each school. The administrative 12

organization plan of the school district shall be used to determine lines of responsibility for 13

evaluation for any employee who is not regularly assigned to any school. Any principal or other 14

supervisor may be designated to assist in the observation and evaluation process. 15

16

B. Evaluation Criteria Each employee shall be evaluated in accordance with the criteria appropriate 17

to the employee's position. The criteria are attached hereto. 18

19

C. Required Evaluations 20

21

1. All employees newly employed by the School District shall be evaluated within the first 22

ninety (90) calendar days of the commencement of their employment. 23

2. All employees, including new employees, shall be evaluated annually, such evaluations to 24

be completed not later than May 15, of the year in which the evaluation takes place. 25

3. If an employee is transferred to another position not under the supervisor's jurisdiction, an 26

evaluation shall be made at the time of such transfer. 27

4. If an employee resigns during the school year, a final evaluation shall be completed prior 28

to the resignation date. 29

5. If the supervisor contemplates recommending that an employee be placed on probation, 30

an evaluation shall be made on or before January 15. 31

32

D. Additional Evaluations In addition to the evaluations required under "Required Evaluations" 33

above, principals and other supervisors may make evaluations at any time during the school year; these 34

evaluations may cover individual observations of such period of time as may be identified in the evaluation 35

report. 36

37

E. Minimum Observation Criteria during each school year, each employee shall be observed for the 38

purpose of evaluation at least twice in the performance of his/her assigned duties. Total observation time 39

for each employee for each school year shall be not less than sixty (60) minutes. A minimum of one (1) 40

observation for a total observation time of thirty (30) minutes shall be required in connection with the 41

evaluation of new employees under paragraph 1 above. A pre-observation conference will be held to 42

discuss the upcoming observation and to address any questions regarding the evaluation criteria. 43

27

1

F. Evaluation Procedures 2

3

1. Following the final observation, the principal or other evaluator shall promptly document the results 4

thereof using the appropriate evaluation report form. A post-observation conference shall be 5

scheduled and conducted within three (3) working days of the observation unless mutually agreed 6

upon in writing by all parties. The employee shall be provided with a copy of the evaluation report 7

during the post-conference. 8

2. The employee shall sign the School Director's copy of the evaluation report to indicate that he/she has 9

received a copy of the report. The signature of the employee does not, however, necessarily imply that the 10

employee agrees with the contents of the evaluation. 11

Written recommendations will be provided to employees for any negative area or comment in the 12

evaluation and the district will assist the employee with their professional growth and development. 13

4. Each evaluation report required under "Required Evaluations" and "Additional Evaluations," above, shall 14

be promptly forwarded to the School District's personnel office for filing in the employee's personnel file. 15

Additional evaluation reports other than those required under "Required Evaluations" above shall not be 16

filed in the employee's personnel file unless either the Superintendent or the employee elects to the 17

contrary. 18

19

G. Supervisor's Report 20

In the event that a principal or another supervisor determines on the basis of the evaluation criteria that 21

the performance of an employee under his or her supervision is unsatisfactory, the supervisor shall report 22

the same in writing to the superintendent on or before January 20. The report shall include the following: 23

24

1. The evaluation report prepared pursuant to the provision of "Required Evaluations" five (5) in the 25

Evaluation Procedure section. 26

27

2. A recommended specific and reasonable program designed to assist the employee in improving his/her 28

performance. 29

30

H. Establishment of Probationary Period If the Superintendent concurs with the supervisor's judgment that 31

the performance of the employee is unsatisfactory, the Superintendent shall place the employee in a 32

probationary status beginning on or before February 1, and ending on or before May 1. On or before 33

February 1, the employee shall be given written notice of the action of the Superintendent. The notice shall 34

contain the following information: 35

36

1. Specific areas of performance deficiencies 37

38

2. A suggested specific and reasonable program for 39

improvement 40

3. A statement indicating the duration of the probationary period and that the purpose of the probationary 41

period is to give the employee the opportunity to demonstrate improvement in his/her area or areas of 42

deficiency 43

28

1

I. Establishment During the Probationary Period 2

3

1. At or about the time of the personal delivery, or by registered mail of a probationary letter, the 4

principal or another supervisor shall hold a personal conference with the probationary employee to 5

discuss performance deficiencies and the remedial measures to be taken. When appropriate in 6

the judgement of the principal, he/she may authorize one (1) additional supervisor to evaluate the 7

probationer and to aid the employee in improving his/her areas of deficiency. 8

9

2. During the probationary period the principal or supervisor shall meet with the probationary 10

employee at least twice monthly to supervise and make a written evaluation of the 11

progress, if any, made by the employee. The provisions of "Evaluation Procedures" one (1) 12

and two (2) in the preceding section shall apply to the documentation of evaluation reports 13

during the probationary period. 14

15

3. The probationary employee may be removed from probation at any time if he/she has 16

demonstrated improvement to the satisfaction of the evaluator in those areas specifically 17

detailed in his/her notice of probation. 18

19

20

J. Supervisor's Post-Probation Report Unless the probationary employee has previously been 21

removed from probation, the principal or supervisor shall submit a written report to the 22

Superintendent at the end of the probationary period. This report shall identify whether the 23

performance of the probationary employee has improved and which shall set forth one of the 24

following recommendations for further action: 25

26

1. That the employee has demonstrated sufficient improvement in the stated areas of 27

deficiency to justify the removal of the probationary status; or 28

29

2. that the employee has not demonstrated sufficient improvement in the stated areas of 30

deficiency and action should be taken to nonrenew the employment contract of the 31

employee. 32

33

K. Evaluative Criteria- Employees The following criteria will be used in the summative evaluation of 34

classroom employees: 35

36

Criterion 1 - Instructional Skill: 37

The certificated classroom employee demonstrates in his/her performance a competent level of knowledge 38

and skill in designing and conducting an instructional experience as evidenced by the following indicators: 39

1. Shows evidence of adequate planning and preparation 40

2. Focuses student attention on lesson and states objectives 41

3. Skillfully applies teaching strategies 42

4. Provides opportunity for students to demonstrate learning, (guided and independent practice) 43

29

5. Monitors progress and adjusts instruction to student needs 1

6. Evaluates and reports student learning 2

Criterion 2 - Classroom Management: 3

The certificated classroom employee demonstrates in his/her performance a competent level of knowledge 4

and skill in organizing the physical and human elements in the educational setting as evidenced by the 5

following indicators: 6

1. Organizes the classroom setting 7

2. Creates/maintains classroom climate conductive to learning 8

9

Criterion 3 Professional Preparation, Knowledge of Subject: 10

The certificated classroom employee exhibits in his/her performance evidence of having a theoretical 11

background of the principles and methods of teaching, and a commitment to education as a profession; as 12

evidenced by the following indicators: 13

14

1. Demonstrates practical and theoretical knowledge of teaching 15

2. Utilizes a breadth and depth of knowledge in subject area(s) 16

17

Criterion 4 - Effort Toward Improvement: 18

The certificated classroom employee demonstrates an awareness of his or her limitations and strengths, and 19

demonstrates continued professional growth as evidenced by the following indicators: 20

1. Demonstrates evidence of continued learning related to academic discipline and/or teaching 21

2. Responds constructively to suggestions and recommendations in staff evaluations 22

23

Criterion 5 Student Discipline and Attendant Problems: 24

The certificated classroom employee demonstrates the ability to manage the non-instructional, human dynamics 25

in the educational setting as evidenced by the following indicators: 26

1. Establishes clear expectations for student "in classroom" conduct and makes these expectations known 27

2. Recognizes and addresses student behavior problems with fairness and consistency 28

3. Utilizes appropriate strategies to manage student control problems when they occur 29

4. Assists in maintaining and enforcing school-wide rules 30

31

Criterion 6 - Interest in Teaching Students: 32

The certificated classroom employee demonstrates an understanding of and committment to each pupil, taking 33

into account each individual's unique background and characteristics. The certificated classroom employee 34

demonstrates enthusiasm for or enjoyment in working with pupils as evidenced by the following indicators: 35

1. Shows enthusiasm in working with students 36

2. Guides and assists students 37

38

Criterion 7 - Responsibility in General School Service: 39

The certificated classroom employee demonstrates the ability to effectively communicate and work with parents, 40

community and staff; as evidenced by the following indicators: 41

1. Works in a cooperative manner with principal and staff 42

2. Maintains inter-staff communications 43

30

3. Is punctual to school and meetings 1

4. Handles routine reports promptly and efficiently 2

3

PROFESSIONAL GROWTH OPTION - DESCRIPTION: 4

The primary focus of evaluation shall be to improve teaching and encourage professional growth. The 5

Professional Growth Option, hereafter referred to as PGO, is a process which is (by law) employee -centered, 6

encourages peer sharing and support, and includes self-evaluation and goal setting. This process is separate 7

from the traditional, summative review, and all observation and comment related to PGO, with the exception of the 8

PGO verification, shall not be included as part of the certificated employee's permanent record. 9

10

The supervisor and the staff member share the responsibility for PGO. The fundamental activity of this track is the 11

development of specific teaching and/or direct job-related goals between the staff member and the supervisor. 12

The number of goals is less important than the form and substance of the goals and in most cases would range 13

from one to four. Under normal circumstances, it is recommended that goals be established in accordance with 14

their potential impact on student learning (See Goal Setting Guidelines in Resource Manual). 15

16

Peer involvement is heartily encouraged as part of PGO. Individuals may elect to use colleagues in observation, 17

data collection, or as collaborators. Employees and/or certificated support personnel may choose to work in 18

teams, department groups, or grade levels. The supervisor acts as a coach, observer, facilitator, and/or data 19

collector. 20

21

PROFESSIONAL GROWTH OPTION (PGO) 22

The Montesano Education Association and the Montesano School District have conferred and agree to implement 23

the Professional Growth Option as an additional evaluation program. 24

25

Participants must be approved by the building principal based on PGO requirements. Eligible staff must (by law) 26

have four years (4) of successful evaluations in the District. Volunteers must commit to a six hour (6) paid inservice 27

at their pro-rated per diem rate with principal/supervisor before October 31 of each school year. 28

29

Selection of the experienced staff for the professional growth option group will be made on a volunteer basis. 30

Consideration may be given to grade level and department participation to produce a balance within the staff. 31

32

The PGO resource manual is available to all staff as a supplemental section that can be found at the end of their 33

MEA contract binder. A goal planning document and a self-evaluation verification form will be required. 34

35

This agreement does not preclude negotiations regarding other areas of the evaluation section. 36

37

PGO REQUIREMENTS: 38

1. The Professional Growth Option (PGO) shall be available and shall be voluntary to employees who have 39

successfully completed four years (4) of satisfactory summative evaluations in the Montesano School 40

District. 41

2. A person must be evaluated via the summative program every three (3) years. 42

3. PGO shall encourage professional growth through goal setting and shall involve the employee and the 43

31

administrator in cooperative discussion, planning, and collegial interaction for the accomplishment of 1

goals. 2

4. The certificated employee shall complete an annual self-assessment, the setting of individual 3

professional goals, and the outlining of a plan for accomplishing them. The plan may include 4

observation and comment by one or more peers of the employee's choice, comment by students, 5

and/or comment by parents of students. Such observation and comment shall not be included as 6

part of the certificated employee's permanent records. 7

5. All written materials generated for or resulting from the formative evaluation process shall be kept 8

separate from the summative permanent records. Information from the PGO cycle may not pass to 9

the summative evaluation cycle nor to the personnel file. 10

6. Thirty minutes (30) of non-continuous documented observation is required. 11

7. During the spring, new potential PGO participants for the following year will be identified and shall 12

commit to attend an inservice regarding goal setting, communication, and the improvement of 13

instruction. This will allow individuals, where applicable, to plan summer activities related to their 14

potential goals. 15

8. During September and October, employee participants and supervisors shall meet to thoroughly 16

discuss the potential goals and complete the planning worksheet. Employees should have in mind 17

the goals, the areas to be investigated, resources needed, colleagues to be involved, methods for 18

collecting data, and the methods for evaluating growth toward the goals. During this meeting, the 19

supervisor shall act as an advisor in order to clarify and refine the goals and the other aspects of 20

the process mentioned above. 21

9. Throughout the year, the employee and supervisor shall meet formally and informally to discuss 22

collaboratively the progress on the goals and to refine and update any need for resources. 23

10. In April and May, a final meeting shall be held to analyze data and review the success of the goals. 24

At this meeting the Professional Growth Option Verification shall be compiled collaboratively to be 25

submitted to the district personnel file. 26

11. At this final meeting, the supervisor will verify that the employee has met state statutory 27

requirements, and the employee shall identify the self-evaluation instrument they used. 28

12. Either the administrator or the employee may opt for the summative program yearly. 29

30

AT ALL TIMES DURING THE PROFESSIONAL GROWTH OPTION, collaborative interaction 31

based on trust and confidence is encouraged. Growth is the desired outcome, and the 32

Professional Growth Option should not represent a threat. 33

34

PGO PROCEDURES 35

36

1. Depending on the complexity of the goal, employees may choose one (1) to four (4) goals. One 37

goal in the teaching area is encouraged. 38

2. All data collected during PGO, with exception to the PGO verification form, shall be returned to the 39

employee at the end of the year. 40

3. The Professional Growth Option Verification shall have no negative comments. 41

4. The supervisor is encouraged to assist in coordinating efforts toward common goals that may exist in the 42

work site. The supervisor is further encouraged to disseminate information and resources to employees 43

32

that may have bearing on their goals. 1

5. Peer involvement is heartily encouraged. Employees may elect to use colleagues in observations, data 2

collecting, or as collaborators. Employees may choose to work in teams, department groups, or grade 3

levels. 4

6. If the person is on the professional growth option and the principal believes he/she should be on the 5

summative program after the year has progressed, the administrator must notify the person in writing of 6

the reason for this decision by March 1. 7

7. The supervisor acts as a coach, observer, facilitator and/or data collector. 8

9

L. Evaluation Criteria - Counselors 10

11

The following criteria will be used in the evaluation of counselors: 12

1. Personal Characteristics 13

a. Adaptability 14

b. Judgment 15

c. Initiative 16

d. Self-control 17

e. Relates easily to others 18

f. Presentable personal appearance 19

2. Relationships with Pupils 20

a. Is sensitive to youth 21

b. Demonstrates willingness to accept and work with all counselees 22

c. Helps counselee relate, analyze, synthesize and integrate his/her own characteristics, 23

goals, and values to promote making responsible decisions 24

d. Allows and expects counselee to accept responsibility for decision-making and possible 25

consequences 26

e. Demonstrates that primary responsibility of the counselor is to the welfare of the 27

counselee 28

f. Has rapport with students 29

g. Is a facilitating agent of the growth process of pupils 30

h. Respects the dignity and worth of the individual 31

i. Helps pupils with personal as well as educational and vocational problems 32

j. Demonstrates understanding of the basic principles of human growth and development 33

k. Motivates students to seek further counseling 34

l. Demonstrates awareness of personal and professional limitations and has the ability and 35

knowledge to make appropriate referrals. 36

3. Individual Assessment 37

a. Demonstrates ability to synthesize and integrate testing and nontesting data 38

b. Demonstrates the ability to administer or to prepare others to administer District-39

approved tests 40

c. Is aware of test limitations and practical applications 41

d. Demonstrates the ability to obtain needed appropriate comprehensive testing and 42

nontesting data for which the counselor is responsible 43

33

e. Demonstrates familiarity with local school district policies relevant to class placement 1

f. Demonstrates ability to cooperate with parents, staff, and students regarding placement 2

of students 3

4. Relationship with Parents 4

a. Is sensitive to parents 5

b. Is cooperative with parents 6

c. Attends to parental referrals 7

d. Is available to parents 8

e. Provides parents with an opportunity to be heard 9

f. Is conscientious in following through with parents 10

5. Relationships with Employees 11

a. Is sensitive to the role of the employee 12

b. Communicates easily with employees 13

c. Is a facilitating agent with employees 14

d. Is aware of the emotional demands of teaching 15

e. Is receptive to employees 16

f. Attends to employee referrals 17

6. Relationships with Administrators 18

a. Is sensitive to the role of the administrator 19

b. Has a professional rationale for his counseling approach 20

c. Meets with the administrator regarding program development 21

d. Communicates easily and effectively 22

e. Functions effectively as a resource consultant 23

f. Attends to administrative referrals 24

g. Functions in a well-organized manner 25

7. Professional Attitudes and Activities 26

a. Is aware of research relevant to counseling 27

b. Demonstrates ability to conduct, use, and interpret research pertinent to counseling 28

c. Periodically evaluates own counseling skills 29

d. Is aware of the changing art and science of counseling 30

e. Has a balance between theory and practice 31

f. Is professionally enthusiastic regarding his/her function 32

g. Is perceptive of the counselor's professional role 33

8. Consultation and Coordination 34

a. Works with staff in planning and developing instructional strategies and curricular 35

programs 36

b. Demonstrates ability to utilize case conferencing and staffing 37

c. Assists employees in the integration of appropriate counseling and guidance services 38

into the classroom 39

9. Professional Preparation and Scholarship 40

a. Possesses and demonstrates appropriate academic background in subject 41

b. If assigned to an area outside the employee’s area of competency, or major or minor 42

field(s), this fact will be noted in the evaluation 43

34

10. Acceptance of Responsibility 1

a. Performs classroom related tasks in a self-directing manner 2

b. Works cooperatively with all school personnel to strengthen the school program 3

c. Evaluates his/her own performance and seeks professional growth 4

11. Professional Attitudes with Parents/Community 5

a. Listens to and respects the concerns of parents and members of the community 6

b. Actively participates in parent conference when scheduled or needed 7

c. Evaluation Criteria - Library/Media Specialist 8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

35

ARTICLE V DURATION 1

2

This agreement shall be effective upon the date of ratification and final signing by the parties and shall be in effect 3

for one year. The agreement is re-openable at any time mutually agreed upon by both parties, and further the 4

parties agree to meet. 5

6

The 2012-2013 salary schedule is attached to this agreement as Appendix B and by this reference incorporated 7

herein. 8

9

Calendar- see attached 10

11

IN WITNESS WHEREOF, the parties have hereunto set their hand and seals this date:_________________. 12

13

Board Association 14

15

_______________________________ _____________________________ 16

17

_______________________________ _____________________________ 18

19

_______________________________ _____________________________ 20

21

_______________________________ _____________________________ 22

23

_______________________________ _____________________________ 24

APPENDICES Appendix A: Grievance Review Request Appendix B: Certificated Employee Salary Schedule, 2012-2013 Appendix C: Co-curricular positions

Addendum 1. Co-curricular Stipends/salary schedule

Appendix D: Professional Evaluation Documents Addendum 1. Summative Professional Evaluation Documents Addendum 2 PGO Verification and Application Addendum 3 Counselor Evaluation Report

Appendix E: School Calendar 2010-2011

36

APPENDIX A Grievance Form - Certificated This form is to be used by staff members filing a grievance, pursuant to Article III (Grievance Procedure). If the space provided below and on the other side is not sufficient for responses, please attach additional information to this form. STEP 1 To: Name of Principal or Supervisor School or Location Name of Grievant: ________________________________________________ __________________________________ ____________________________ School or Building Position Date of the occurrence giving rise to the grievance: _____________ Date grievant first discussed the grievance with principal or supervisor: __________ What article(s) and specific paragraph(s) of the Collective Bargaining Agreement is/are alleged to have been violated? (If possible, quote the exact language alleged to have been violated.) List relevant facts upon which the grievance is based. What remedy is being sought? _______________________________ ________________________________ Date Submitted Grievant's Signature _______________________________ ________________________________ Date Received Principal’s or Supervisor’s Signature

37

APPENDIX A (Page 2) DISPOSITION OF GRIEVANCE BY PRINCIPAL OR SUPERVISOR Date of Disposition ___________________________________________________ Signature of Principal or Supervisor ____________________________________________________ Signature of Grievant ____________________________________________ (Grievant's signature does not imply agreement with the report). Date__________________________

38

APPENDIX A (Page 3) This form is to be used by staff members who wish to process a grievance from Step 1 to Step 2, superintendent/designee level. If the space provided below and on the back of this form is not sufficient for responses, please attach additional information to this form. STEP 2 To: ______________________________________________________________ Superintendent/Designee From: ______________________________________________________________ Grievant Position: ________________________________________________________ Location: ________________________________________________________ Date submitted to Superintendent/Designee: _____________________________________

_____________________________________ Grievant's Signature

1. Please attach a completed copy of Step 1 grievance form. 2. What specific article(s) and paragraph(s) of the collective bargaining agreement remain in

question after the disposition of Step 1? 3. Include any additional factual information relevant to the grievance.

39

APPENDIX A (Page 4) DISPOSITION OF GRIEVANCE BY SUPERINTENDENT/DESIGNEE Date of Disposition:_____________________________________________ ______________________________________________________________ Superintendent/Designee Signature ______________________________________________________________ Grievant's Signature Date________________________ (The Grievants' signature does not necessarily indicate agreement with the report.) If the disposition at Step 2 is not satisfactory, the Montesano Education Association may request arbitration of the issue pursuant to Article III, Grievance Procedure, Step 3.

40

APPENDIX B WA State LEAP Salary Schedule FY 12-13 Montesano School District ‐ Certificated Salary Schedule ‐ WA STATE LEAP  

 2011–12 and 2012–13 

Years of                           MA+90 

Service   BA+0   BA+15   BA+30  BA+45  BA+90  BA+135  MA+0   MA+45  or PhD 

0  33,401  34,303  35,238 36,175 39,180 41,116 40,045  43,051 44,989

1  33,851  34,765  35,712 36,690 39,727 41,652 40,490  43,527 45,452

2  34,279  35,202  36,159 37,212 40,241 42,186 40,938  43,966 45,912

3  34,720  35,653  36,620 37,706 40,729 42,722 41,363  44,384 46,377

4  35,153  36,127  37,099 38,224 41,264 43,271 41,808  44,849 46,857

5  35,600  36,578  37,561 38,748 41,777 43,824 42,261  45,291 47,339

6  36,060  37,017  38,032 39,279 42,293 44,352 42,725  45,740 47,797

7  36,868  37,839  38,868 40,182 43,241 45,356 43,594  46,652 48,768

8  38,050  39,074  40,127 41,550 44,651 46,844 44,961  48,063 50,254

9     40,353  41,459 42,933 46,106 48,373 46,343  49,518 51,785

10        42,806 44,387 47,602 49,945 47,798  51,014 53,356

11           45,883 49,169 51,558 49,295  52,581 54,969

12           47,332 50,777 53,238 50,850  54,188 56,650

13              52,425 54,959 52,460  55,836 58,370

14              54,081 56,745 54,117  57,600 60,157

15              55,488 58,221 55,523  59,098 61,721

16 or more               56,597 59,385 56,634  60,279 62,955

For any credits earned after the BA but before the MA degree: Any credits in excess of 45 may be counted after the MA degree

41

APPENDIX C Co-Curricular Positions For the purpose of complying with Washington Administrative Code 391, the Montesano School District and the Montesano Education Association agree as follows: 1. The following positions require a professional education certificate under either: (a) rules of the State Board of Education (SBE) or the State Superintendent of Public Instruction (SPI) pursuant to Chapter 28A.410 RCW or (b) established practice or written policy in effect in the Montesano School District as of January 23, 1996: Secondary: Band Chorus Computer Coordinator Math Team ASB Supervisor VICA FHA/FFA FCCLA FBLA Junior Class Advisors Senior Class Advisors Elementary: Band Chorus Computer Coordinator Enrichment Fair Humanities Young Authors These positions shall remain within the current bargaining unit, and all provisions which apply to such positions in the current collective bargaining agreement between the district and the Association shall continue to apply.

42

APPENDIX C ADDENDUM 1 Co-curricular Salary Schedule Base Salary 29,117.00 Factor 0.00375 0.00410 0.0048 0.0055

Point

------------Years

Experience

Activity Area: Position: Value 0 - 1 2 - 3 4 5+

Band Elementary 6 $655 $716 $839 $961

Jazz Band Secondary 28 $3,057 $3,343 $3,913 $4,484

Chorus Elementary 8 $874 $955 $1,118 $1,281

Chorus Secondary 10 $1,092 $1,194 $1,398 $1,601

FCCLA High School 6 $655 $716 $839 $961

FFA High School 3 $328 $358 $419 $480

FFA High School 3 $328 $358 $419 $480

VICA High School 6 $655 $716 $839 $961

Young Authors Simpson 6 $655 $716 $839 $961

Young Authors Beacon 6 $655 $716 $839 $961

Math Team High School 5 $546 $597 $699 $801

Math Team Junior High 5 $546 $597 $699 $801

Senior Class Advisor High School $0

Junior Class Advisor Junior High

Enrichment Fair Simpson 5 $546 $597 $699 $801

Enrichment Fair Beacon 5 $546 $597 $699 $801

Humanities* ASB Simpson 5 $546 $597 $699 $801

Humanities* ASB Beacon 5 $546 $597 $699 $801

Humanities* ASB Simpson 2.5 $273 $298 $349 $400

Humanities* ASB Simpson 2.5 $273 $298 $349 $400

ASB Supervisor High School 15 $1,638 $1,791 $2,096 $2,402

Computer Coordinator

*Humanities programs as agreed to by staff

43

APPENDIX D ADDENDUM 1 Insert Evaluation Documents

44

APPENDIX D ADDENDUM 2 MONTESANO SCHOOL DISTRICT PROFESSIONAL GROWTH OPTION APPLICATION Name: School Year: Building: Supervisor: In a brief paragraph, describe why you would like to be considered for the Professional Growth Option evaluation process. How do you feel this process will benefit you as an educator? Give a brief sketch of your plan, and outline your goals for the next two years. Date Submitted: Approved: Disapproved:

45

APPENDIX D ADDENDUM 3 EVALUATION REPORT (COUNSELOR)

46

APPENDIX E School Calendar 2012-2013